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SUB1996-00007
Aks Ali- CITY OF TIGARD Community 'Development Shaping .1 , Better Community • CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER a BY THE HEARINGS OFFICER Case Name(s): SHANNON MEADOWS SUBDIVISION Case Number(s): SUBDIVISION (SUB) 96 -0007 . LOT LINE ADJUSTMENT (MIS) 96 -0027 VARIANCE (VAR) 96 -0015 Name of Owner: Ted Olson Name of Applicant: Richard Whiteman Address of Applicant: p0 Box 2065 City: Lake Oswego State: Oregon Zip: 97035 Address of Property: South of SW McDonald St.. N. of SW Mur•ock St.. and on the E. side of SW 97th Avenue City: Tigard State: Oregon Zip: 97224 Tax Map & Lot No(s).: WCTM 25111 BA. Tax Lots 09100. 09200 and 09300 Request: > A request for the following development applications: (1.) Lot Line Adjustment request to adjust three (3) parcels of approximately 12,632, 55,756 and 15,246 square feet into three (3) lots of approximately 15,109, 50,136, and 18,389 square feet; (2.) Subdivision preliminary plat approval to divide the parcel of approximately 50,136 square feet into five (5) lots ranging between 7,503 to 15,109 square feet; (3.) Variance request to allow a cul-de -sac length of 482 feet, whereas, the code states that the maximum length of a cul-de -sac shall be 400 feet in length; and (4.) Variance request to not require a planned development for a private street serving more than six (6) dwelling units. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.80, 18.92, 18.100, 18.102, 18.106, 18.108, 18.134, 18.150, 18.160, 18.162, and 18.164. Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1 and 8.1.3. Zone: R-4.5; Residential, 4.5 units per acre. The purpose of the R-4.5 zone is to allow single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. Action: > ❑ Approval as requested © Approval with conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: O Owners of record within the required distance 0 Affected governmental agencies © The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision: t THE DECISION SHALL BE FINAL ON FEBRUARY 13,1997 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from- the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, TigaLd,.Oregorr 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $1,745.00 plus transcript costs, not in excess of $500.00. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30,P.M. ON THURSDAY FEBRUARY 13, 1997. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639 -4171. SUB 960007/MIS 960027NAR 960015 SHANNON MEADOWS SUBDIVISION NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER • • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Richard Whiteman for ) FINAL ORDER - approval of a tentative plan for a 5 -lot subdivision, a ) SUB 96- 0007/MIS 96 -0027/ lot line adjustment and two variances for land east of ) VAR 96 -0015 SW 97th Avenue in the City of Tigard, Oregon ) (Shannon Meadows) I. SUMMARY The applicant requests approval of a lot line adjustment to adjust three parcels containing 12,632, 55,756 and 15,246 square feet into three lots containing 15,109, 50,136 and 18,389 square feet. The adjusted lots will continue to comply with applicable dimensional requirements of the Community Development Code (CDC). The applicant proposes to divide one of the adjusted lots into five lots containing 7503 to 15,109 square feet. The applicant will build a single family detached dwelling on each of the five proposed lots. The applicant will develop a private street to serve the five proposed lots; that street also can serve an additional two lots that can be created from adjoining under- developed land. The applicanty will extend public water and sanitary sewer lines to serve each lot. The applicant will collect storm .water from impervious areas of the site and will convey it by pipeline to a public storm sewer that adjoins the site. The applicant requests approval of two variances. One variance is proposed to allow the private street to be 482 feet long rather than the maximum 400 -foot length permitted by the CDC. The second variance is to allow the private street to serve more than six dwellings without being approved as part of a planned development. City of Tigard Hearings Officer Larry Epstein held a duly noticed public hearing regarding the applications on January 27, 1997. City staff recommended conditional approval of the applications. See the Staff Report dated January 21, 1997. The applicant accepted the Staff Report and recommendation. Three witnesses testified with concerns about drainage, loss of trees, the impact of the private street on abutting lots, and the impact of extending the sewer from an existing off -site line. No one else appeared at the hearing or submitted written testimony about the application. The applicant waived its right to have the record held open. The hearings officer closed the record at the end of the hearing and announced a tentative decision approving the applications. For the reasons stated herein, the hearings officer approves the applications subject to the conditions at the end of this final order. LOCATION: East of and adjoining SW 97th Avenue between SW Inez Street and SW View Terrace; WCTM 2S111BA, tax lots 09100, 09200 and 09300 COMPREHENSIVE PLAN: Low Density Residential (1 -5 dwelling units/acre) ZONING: R-4.5 (Detached single family residential) APPLICANT: Richard Whiteman OWNER: Ted Olson APPLICABLE LAW: Community Development Code ( "CDC ") Chapters 18.48, 18.96, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. Hearings Officer Final Order January 31, 1997 MIS 96- 0027NAR 96-0015/SUB 96 -0007 (Shannon Meadows) Page 1 • II. PROCEDURES AND RECORD 1. The City has subjected the application to the procedures for a subdivision, and gave timely notice for a hearing at which public testimony could be offered regarding the application. The hearings officer held such a hearing and closed the public record at the end of the hearing. The public record in this matter includes Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). The written testimony includes the Staff Report dated January 21, 1997, relevant written material received by the Community Development Department before the hearing and material the hearings officer received at the hearing. Exhibits are filed at Tigard City Hall. 2. Before the hearing, the hearings officer visited the site and surrounding area. He observed structures, vegetation, and grades on the site and adjoining property and the condition of the adjoining streets. 3. At the hearing, Will D'Andrea and Brian Rager testified for the City. Mr. D'Andreaidentified applicable standards and summarized the Staff Report and recommendation. He clarified the arborist report in the application, noting that the applicant will remove five healthy trees during construction, because they are situated in the building and driveway envelope. The applicant is required to mitigate for the loss of those trees only. Other trees to be removed from the site are hazardous, because of decay. He noted that CDC 18.100.080 does not require the applicant to establish a buffer between the private drive and the south edge of the site, because the site and abutting land will be used for single family detached housing. Mr. Rager responded to questions. His testimony is selectively summarized below. 4. Richard Whiteman and John Harris testified for the applicant. Mr. Harris accepted the Staff Report and recommended conditions without objections or corrections. Mr. Harris responded to questions and concerns. He stated the applicant will protect, repair or replace fences abutting the proposed private street. Little grading is needed for the street, so he expects it will not adversely affect the fences. He opined that the off -site discharge of surface water will decrease as a result of the project, because the proposed storm drainage system will capture surface water that now flows off -site and pipe it to a public storm sewer. He opined that erosion control measures during construction will prevent adverse drainage impacts. He stated that the applicant will enter onto the easement on Lot 32 of the Penrose Terrace subdivision to extend the public sewer to the site, but that the applicant will endeavor to coordinate timing for that work with the owner of that lot and will require the contractor to repair any damage to that lot to the owner's satisfaction. 5. Craig Smelter, Randy Warren and Robert Roemhildt testified with concerns. a. Mr. Smelter, who owns a lot south of and abutting the site, noted that the proposed private street will be situated about two feet from the south edge of the site. He was concerned this would result in damage to the fence and/or trees along the property line. He requested the private street be moved farther north or that the applicant be required to repair any damage caused when building the street. He also asked about maintenance of the street. Mr. Rager responded by explaining the applicant is required to file a maintenance agreement with deeds to the property pursuant to which owners of abutting properties are required to maintain the street. The City is not a party to the agreement and cannot enforce it. The City does require the applicant to guarantee the street for one year after construction, and it will enforce that requirement. Hearings Officer Final Order January 31, 1997 MIS 96-0027NAR 96- 0015/SUB 96 -0007 (Shannon Meadows) Page 2 • • b. Mr. Smelter also asked about the mitigation for the loss of healthy trees on the site. Mr. D'Andrea explained the CDC allows the applicant to mitigate tree loss by replacing the lost trees with an equal circumference area on or off the site or by contributing fees to the City in lieu of replacement in kind. Mr. Harris indicated the applicant would replace the trees on -site, and agreed to accept a condition of approval to that effect. c. Mr. Warren, who owns a lot north of and abutting the site, testified with concerns about drainage onto his property, particularly during construction and over time. He opined that storm water from the site has caused drainage problems in the past. Mr. Rager responded that the applicant is required to do an analysis of downstream conditions (e.g., the capacity of the storm sewer line downstream from the site) to determine whether a 25 -year storm event would cause storm water that exceeds the capacity of the downstream system. The City storm sewer generally is designed to accommodate a 25 -year storm event. He described the options for addressing storm drainage if there is a downstream capacity problem (e.g., fix the problem downstream or detain storm water and meter its discharge so it does not exceed downstream capacity). He noted the storm sewer lateral stubbed to the site from the Jubilee Place subdivision was sized to accommodate storm water from the applicant's site. In response to a further question from Mr. Warren, Mr. Rager explained that the City requires the applicant to warrant and remedy any problems with the storm sewer that occur within one year after construction. However after that, the CDC does not give the City authority to require additional storm water drainage measures. d. Mr. Roemhildt, who owns Lot 32 in the Penrose Terrace subdivision, testified with concerns about the loss of trees and about the impact of extending the sanitary sewer to the site from the manhole on his property abutting the east edge of the site. Mr. Rager responded that the sanitary sewer is in a public easement on Lot 32 in Penrose Terrace. The easement allows the applicant access to that sewer. The CDC requires the applicant to repair to at least original conditions any damage to that property. III. APPLICABLE STANDARDS AND RESPONSIVE FINDINGS 1. City staff provided basic facts about the site and vicinity in section III of the Staff Report. They recommended the hearings officer approve the application, based on the applicable standards and responsive findings in section IV of the Staff Report and subject to conditions of approval in section II of the Staff Report. The applicant accepted the findings and recommended conditions without correction or objection. 2. The hearings officer adopts the statement of applicable standards and the responsive findings in section IV of the Staff Report as his own findings. The testimony raised three concerns, which are addressed in the following findings. 3. There was a concern about the proximity of the private drive to adjoining land and the impact of the private drive on trees and fences abutting the site. a. The CDC addresses fences in sections 18.100.080 through 18.100.130. Fences are allowed to be six feet high, except in the required vision clearance area (see CDC 18.102), without a building permit. There is no required setback or buffer for a private street. See CDC 18.108, 18.162 and 18.164.030.S. Therefore, as a condition of approval of the lot line adjustment or subdivision, the hearings officer cannot require the street to be set back or buffered from the property line, except to the extent required by the Uniform Building Code due to topography.' 1 The hearings officer notes that CDC 18.162.050F requires screening of a paved drive of an accessway Hearings Officer Final Order January 31, 1997 MIS 96.0027NAR 96-0015/SUB 96-0W7 (Shannon Meadows) Page 3 • • b. However the applicant also requests two variances involving the private street. The variance standards prohibit a variance from causing adverse impacts. See CDC 18.134.050.A.1 and 4. The hearings officer finds that, if construction of the private street - results in damage to or loss of the existing fence abutting the site, it would result in adverse impacts. Therefore the hearings officer has authority under CDC 18.32.090.0 and 18.134.030.D to require the applicant to protect, repair or replace fencing on properties abutting the private street. A condition of approval to this effect should be added. At the hearing in this matter, the applicant agreed to accept such a condition. 4. There was a concern about storm water drainage impacts of the proposed land division. The relevant standards are in CDC 18.164.100. The hearings officer finds that the proposed land division complies with CDC 18.164.100, because the application includes a preliminary drainage plan that separates sanitary and storm water drainage, that provides inlets so that surface water is not carried across any street or intersection (other than the private street), and that is consistent with the surface water drainage pattern on the site. Easements are proposed to implement the plan. Upstream and downstream drainage issues are or will be addressed before approval of a final plat. The hearings officer further finds that it is feasible for the City to approve a final drainage plan generally consistent with the preliminary plan. Conditions of approval 4, 13 through 17 and 23 ensure the final drainage plan will comply with the CDC. Such a plan is reasonably likely to reduce off -site surface water discharge volumes and rates, because surface water will be captured and diverted to an underground piped system. 5. There were concerns about tree loss and mitigation. The relevant standards are in CDC 18.150. The hearings officer finds the proposed land division complies with the relevant provisions of that chapter, because a tree plan is included consistent with CDC 18.150.025, proposed removal of unhealthy trees is permitted by right, proposed removal of healthy trees will be mitigated, and stret trees will be provided abutting the public right of way and private street. Conditions of approval 19 and 20 ensure compliance. a. At the hearing, the applicant agreed to mitigate the loss of the five healthy trees to be removed from the site by planting additional trees on the site rather than planting them off -site or paying a fee in lieu. A condition of approval is warranted to reflect this commitment. Trees on the site have a more direct mitigatory effect than the other options in this case; therefore it is the preferred option. 6. The hearings officer finds that other concerns expressed at the hearing are or will be adequately addressed by findings in the Staff Report and by administration of the Community Development Code as it relates to the applications in this case. IV. CONCLUSION AND DECISION 1. The hearings officer concludes that the proposed lot line adjustment, subdivision and variances do or can comply with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs. when situated within 10 feet of an abutting lot when that paved drive is for a flag lot created by partition. It is inconsistent to require an accessway for a flag lot to be screened but not to require such screening for a private street. In the interests of consistency, the City should consider whether CDC 18.108, 18.162 or 18.164.030.S should be amended to require screening of a private street when it is not created by a partition or flag lot. Hearings Officer Final Order January 31. 1997 MIS 96- 0027NAR 96- 0015/SUB 96 -0007 (Shannon Meadows) Page 4 • 2. The hearings officer hereby approves MIS 96 -0027, VAR 96 -015 and SUB 96- 0007 (Shannon Meadows), subject to the conditions of approval in section II of the Staff Report, with the following amendments: a. Condition of approval 19.c is hereby amended to read as follows: c. Tree mitigation of 44 caliper inches, in addition to street trees, in accordance with Community Development Code section 18.150.070.D. Replacement trees shall be placed on the site. Replacement trees may not be mitigated by off -site planting or by payment of a fee in lieu of planting. b. Condition of approval 26 is hereby added to read as follows: Before the City issues a building permit for construction of a home on the site, the applicant shall repair or replace the fence along the south side of the private street such that the planning manager fords the buffering and screening effect of the fence is at least equal to that that existed before the private road was built. DATE 's 31st day .: uary, 1997. Larry Eps • , i • Tigard H- • •_t : 0 ' cer Heanngs Officer Final Order January 31, 1997 MIS 96- 0027NAR 96-0015/SUB 96 -0007 (Shannon Meadows) Page 5 • Agenda Item: 21 � Hearing Date: January 27. 1997 Time: 7:00 PM STAFF REPORT TO THE A,. HEARINGS OFFICER CITY OF TIGARD FOR THE CITY OF TIGARD, OREGON Community Development Shaping )T Better Community SECTION I: APPLICATION SUMMARY CASES: FILE NAME: SHANNON MEADOWS SUBDIVISION Subdivision SUB 96 -0007 Lot Line Adjustment MIS 96 -0027 Variance VAR 96 -0015 PROPOSAL: The applicant has requested the following development applications: 1. Lot Line Adjustment request to adjust three (3) parcels of approximately 12,632, 55,756 and 15,246 square feet into three (3) lots of approximately 15,109, 50,136, and 18,389 square feet; 2. Subdivision preliminary plat approval to divide the parcel of approximately 50,136 square feet into five (5) lots ranging between 7,503 to 15,109 square feet; 3. Variance request to allow a cul -de -sac length of 482 feet, whereas, the code states that the maximum length of a cul -de -sac shall be 400 feet in length; and 4. Variance request to not require a planned development for a private street serving more than six (6) dwelling units. APPLICANT: Richard Whiteman OWNER: Ted Olson PO Box 2065 3500 SW Trail Road Lake Oswego, OR 97035 Tualatin, OR 97062 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (1 -5 dwelling units per acre). ZONING DESIGNATION: Residential, 4.5 units per acre (R -4.5). LOCATION: South of SW McDonald Street and on the east side of SW 97th Avenue; WCTM 2S111 BA, Tax Lots 09100, 09200 and 09300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.80, 18.92, 18.100, 18.102, 18.106, 18.108, 18.134, 18.150, 18.160, 18.162 and 18.164. Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1 and 8.1.3. STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 1 • • SECTION II: STAFF RECOMMENDATION: - The Planning Director's Designee recommends that the Hearings Officer find that the proposed Subdivision will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended - conditions of approval: CONDITIONS OF APPROVAL ALL CONDITIONS SHALL BE SATISFIED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE SPECIFIED, THE ; STAFF CONTACT FOR ALL CONDITIONS IS BRIAN RAGER WITH THE ENGINEERING DEPARTMENT, (503) 639- 4171: 1. Prior to approval of the final plat, a public improvement permit and compliance agreement is required for this project. Six (6) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit nine (9) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address, and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on- site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 4. The public improvement plans shall indicate the applicant will construct standard half - street improvements along the frontage of SW 97th Avenue. The improvements adjacent to this site shall include: a. City standard pavement section from curb to centerline equal to 22 feet; NOTE: If the applicant can demonstrate that the existing pavement on the east half of the roadway will meet City standards, the City may allow the applicant to tie on to the existing pavement and not rebuild the half - street to centerline. STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 2 b. pavement tap ers needed to tie the new improve nt back into the existing edge of pavement shall be built beyond the site frontage; c. curb and gutter; d. storm drainage, including any off -site storm drainage necessary to convey subsurface runoff; e. six (6) -foot concrete sidewalk; f. street striping; g. streetlights as determined by the City Engineer; h. underground utilities NOTE: The applicant may be eligible to pay a fee in -lieu of undergrounding existing overhead utilities. i. street signs (if applicable); j. driveway apron (if applicable); and k. adjustments in vertical and /or horizontal alignment to construct SW 97th Avenue in a safe manner, as approved by the Engineering Department. 5. A profile of SW 97th Avenue shall be required, extending 300 feet either side of the subject site, showing the existing grade and proposed future grade. 6. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners who abut and take access from it. 7. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC &R's) for this project to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street. The CC &R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street. The applicant shall submit a copy of the CC &R's to the Engineering Department prior to approval of the final plat. 8. Any extension of public water lines shall be shown on the proposed public improvement construction drawings and shall be reviewed and approved by the City's Water Department. 9. The applicant shall bear the expense of relocating the existing fire hydrant in SW 97th Avenue. They shall also bear any expense related to relocation of water meters to the existing homes. 10. All portions of the home sites shall be within 500 feet of a fire hydrant as measured along an accessways. 11. The applicant shall provide sanitary sewer laterals to the adjacent undeveloped properties. 12. The applicant shall construct a 10- foot -wide (minimum) maintenance access roadway from the proposed hammerhead tum- around, to the proposed sanitary sewer manhole adjacent to the northwest comer of Lot 5. The roadway shall be constructed per the City's design standards (3- inches of Class "C" asphalt over 8- inches of 3/4- STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 3 • • inch minus crushed rock) and shall be placed within a 15- foot -wide public sanitary . sewer and maintenance access easement. The easement shall be shown on the face of the final plat. In addition, the applicant shall record with the plat, a Restrictive Covenant for Lot 5 to ensure that the City will have uninhibited access to the access - roadway, and that no fence or other permanent improvement will be constructed over the roadway. A draft of the Restrictive Covenant shall be submitted to the Engineering Department prior to approval of the final plat. 13. Prior to issuance of the public improvement permit, the applicant's design engineer shall submit documentation, for review by the City, of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform an analysis of the drainage system downstream of the development, to a point in the drainage system where the proposed development site constitutes 10 percent or Tess of the total tributary drainage volume, but in no event less than 1/4 mile. 14. If the capacity of any downstream public storm conveyance system or culvert is surpassed during the 25 -year design storm event due directly to the development, the developer shall correct the capacity problem or construct an on -site detention facility. 15. Prior to approval of the final plat, the applicant shall pay the fee in -lieu of constructing an on -site water quality facility. The fee is based on the total area of new impervious surfaces in the proposed development, which includes the new public street and sidewalk areas. In addition, a standard value of 2,640 square feet of hard surface is assessed to each individual lot. Payment of the fee can be split into two (2) parts: a. the portion based on surface area of new streets and sidewalk shall be paid by the applicant prior to approval of the final plat; and NOTE: The applicant shall provide the Engineering Department with surface area calculations for the streets and sidewalk in order for this fee to be calculated. b. the portion assessed to each lot ($180/lot at present) can be paid at the time building permits are issued for the individual Tots. 16. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 17. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of the lots that are to be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code. STAFF REPORT TO THE HEARINGS OFFICER SUB 96.0007 - SHANNON MEADOWS SUBDIVISION PAGE 4 • 18. The applicant shall either, place the existing overhead utility lines along SW 97th Avenue underground as a part of this project, or they shall pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, it shall be paid prior to approval of the final plat. - 19. Revised site and landscaping plans shall be submitted for review by the Planning Division. Staff Contact: Wil( D'Andrea. The revised plans shall include the following: a. demonstrates that the existing structure is in compliance with setback standards; b. street trees to be spaced no greater than 30 feet apart along both SW 97th Avenue and the proposed private street; and c. tree mitigation of 44 caliper inches, in accordance with Community Development Code Section 18.150.070.D. c ) TE S• d. 24 foot pavement width for the section of the private street fronting lot 1. 20. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, - that provides a deed restriction to the effect that any preserved tree may be removed only if the tree dies or is hazardous according to a certified arborist. This shall be in accordance with Community Development Code Section 18.150.045.B. 21. Obtain approval from Tualatin Valley Fire and Rescue for the proposed street, hydrant location, and no- parking signage plans. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian Rages. : : : :: with the Engineering Department (503) 639-4171.) 22. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision /partition plat. 23. Prior to issuance of any building permits within the subdivision, the public improvements shall be deemed substantially complete by the City Engineer. Substantial completion shall be when: a. all utilities are installed and inspected for compliance, including franchise utilities; b. all local residential streets have at least one (1) lift of asphalt; c. any off -site street and /or utility improvements are completely finished; and d. all street lights are installed and ready to be energized. 24. Prior to issuance of building permits, the applicant shall provide the City with as -built drawings of the public improvements as follows: a. mylars; and STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 5 r • b. a diskette of the as- builts in "DWG" format (if available), otherwise "DXF" will be acceptable. Note: If the public improvement drawings were hand - drawn, then a diskette is not required. - PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS, THE FOLLOWING - CONDITION SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian Rager with the Engineering Department at(503) 639 - 4171.) ; 25. All site improvements installed per the approved plans. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE, THIS IS NOT AN EXCLUSIVE LIST: 18.160.170 Improvement Agreement: 1. Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: a. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and b. 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. 2. 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. 18.160.180 Bond: 1. As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: a. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; b. 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 c. Cash. 2. The subdivider shall fumish 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. 3. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 6 • • 18.160.190 Filing and Recording: 1. 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. - 2. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 18.162:080 Final Plat Application Submission Requirements: 1. Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 2. The subdivision 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. 3. 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). 3. All centerline monuments shall be set during the first lift of pavement. • 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. 18.164 Street & Utility Improvement Standards: 1. 18.164.120 Utilities A. 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 STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 7 • • ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. • 2. 18.164.130 Cash or Bond Required A. 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. B. 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. C. The cash or bond shall comply with the terms and conditions of Section 18.160.180. 3. 18.164.150 Installation: Prerequisite /Permit Fee A. 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. 4. 18.164.180 Notice to City Required A. Work shall not begin until the City has been notified in advance. B. If work is discontinued for any reason, it shall not be resumed until the City is notified. 5. 18.164.200 Engineer's Certification Required A. 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 to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III: BACKGROUND INFORMATION Site History: The existing parcels were created through the recording of Minor Land Partition (93 -0010) in 1993. No other development applications were found to have been filed with the City. Vicinity Information: STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 8 • • ' Property to the north, east, and south is zoned R-4.5 (Residential, 4.5 units per acre). Property to the west is zoned R -3.5 (Residential, 3.5 units per acre). The surrounding area is predominantly developed with single - family, detached residential housing. Site Information and Proposal Description; The subject properties are currently developed with two (2) single- family residences. The property slopes easterly from an elevation of approximately 290 to an elevation of approximately 268. The applicant is proposing the following development applications: 1. Lot Line Adjustment request to adjust three (3) parcels of approximately 12,632, 55,756 and 15,246 square feet into three (3) lots of approximately 15,109, 50,136, and 18,389 square feet; 2. Subdivision preliminary plat approval to divide the parcel of approximately 50,136 square feet into five (5) Tots ranging between 7,503 to 15,109 square feet; 3. Variance request to allow a cul -de -sac length of 482 feet, whereas, the code states that the maximum length of a cul-de -sac shall be 400 feet in length; and 4. A second Variance request to not require a planned development for a private street serving more than six (6) dwelling units. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Dimensional Requirements: Section 18.50 states that the minimum lot area for each single - family lot in the R-4.5 zoning district is 7,500 square feet and the minimum lot width requirement is 50 feet. As indicated on the site plan, each of the newly created lots will exceed the minimum lot size and width requirement. Setbacks: Section 18.50 states that single - family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: Minimum lot size 7,500 Square Feet Average lot width 50 feet Front setback 20 Feet Garage setback 20 Feet Interior sideyard setback 5 Feet Corner sideyard setback 15 Feet Rear setback 15 Feet Maximum building height 30 Feet Compliance with setbacks on Tots 2 -6 will be reviewed during the Building permit review process. However, as indicated on the site plan, lots 2-6 can accommodate the required setbacks. The applicant has informed staff that the location of the existing residence on parcel one (1) is incorrectly located, as shown on the preliminary plan. The residence is actually setback 16 feet from the property line of parcel two (2). The applicant shall be STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 9 • • required to submit a revised plan which demonstrates that the existing structure is in - compliance with the setback standards. Solar Access: Section 18.88.O40(C)(1) contains solar access standards for new - residential development A lot meets 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 parcels meet this standard. The Performance option states that a lot complies with this section if habitable structures built on the lot will have their long axis oriented within 30 degrees of a true east -west axis, and at least 80 percent of their ground floor south wall will be protected from shade by structures and non - exempt vegetation. The proposed Tots can provide front lot lines that are oriented within 30 degrees of a true east -west axis and provide for a north -south dimension of 90 feet. Therefore, the proposed plan provides lots that comply with the provisions of this section. Density: Section 18.92.020 contains standards for determining the permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands, land dedicated for public roads or parks, or for private roadways. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. The gross area of the site is approximately 50,136 square feet. The net developable area of the site (after deduction of 20% of the gross area for public right -of -way) is approximately 40,108 square feet. With a minimum of 7,500 square feet per lot, this site yields an opportunity for up to five (5) Tots under the R-4.5 zoning designation. The applicant is proposing five (5) lots, and is therefore, in compliance with density requirements. While the preliminary plat shows six (6) Tots, this plan reflects the adjusted property line between tax lots 09100 and 09200. The proposal is, therefore, in compliance with the density calculations. Landscaping: Section 18.100 contains landscaping standards for new development. The applicant must comply with the standards set forth in Section 18.100.035 which requires that all development projects fronting on a public or private street, or a private driveway more than 100 feet in length plant street trees. Street Trees: Section 18.100.035(B) states the specific spacing of street trees by size of tree shall be as follows: 1. Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall be spaced no greater than 20 feet apart; 2. Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be spaced no greater than 30 feet apart; 3. Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40 feet apart. The preliminary plan does not show the provision of street trees in accordance with this section. Therefore, a revised landscape plan shall be submitted that provides for street trees to be spaced no greater than 30 feet apart along both SW 97th Avenue and the proposed private street. STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 10 Visual Clearance Areas Section 18.102 requires that a ear vision area shall be - maintained on the corners of all property adjacent to intersecting right -of -ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right -of -way • and the driveway and then connecting these two 30 foot distance points with a straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall . structure, signs, or temporary or permanent obstruction exceeding three feet in height. The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. As indicated on the site plan, this criteria is satisfied. Access: Section 18.108.070.A states that the minimum width of accessways serving up to 6 lots shall be 25 feet with 20 feet of pavement width. The preliminary plan shows the provision of a 25 -foot driveway with 20 feet of pavement width, in accordance with this section. A condition of the previous Minor Land Partition (MLP 93 -0010) required a joint access and maintenance agreement to require three (3) properties to share a common driveway. This condition was imposed because SW 97th Avenue is classified as a Major Collector street. The report stated that direct access to major collector or arterial streets shall only be considered if there is no alternative way to access the site. and that access for the existing homes should be a joint access. Section 18.164.030(S) states that private streets serving more than six (6) dwelling units are permitted only within planned developments, mobile home parks, and multi - family residential developments, and that the design standards for private streets shall be established by the City Engineer. Given the joint access condition of the previous partition, the proposed street will be serving seven (7) • dwelling units. The initial 160 feet of the private street will be serving more than six (6) dwelling units, the remaining 320 -foot portion of the street will serve five (5) dwelling units. The applicant requests variance approval from the standard which requires approval through a planned development for streets serving more than six (b) dwelling units, for 160 feet of the proposed private street. The variance request is addressed in the variance section of this staff report. Access standards allow up to six (6) dwelling units to be served by a 20- foot -wide paved section of a private street. The standard two -way traffic width for accessways is 24 feet. Since the street is in excess of six (6) units, the 160 -foot street section should be revised to provide for a 24 -foot minimum pavement width. Consideration should also be given to the fact that tax Tots 09100 and 09300 have the potential to be partitioned in the future, thus adding two (2) additional driveways onto the private street. Emergency vehicle turnaround: Section 18.108.070.C. states that access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by a hammerhead configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet. As indicated on the site plan, the tumaround provided complies with the dimensions specified by this section. Variance - Cul-de -sac Length: Community Development Code Section 18.134.050 provides standards for granting a variance as indicated in "bold" print below: STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 11 • • 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. The variance will not be materially detrimental to City policy or standards as the private • street dimensions are in accordance with access standards, an emergency vehicle tumaround has been provided, and the street is serving less than 20 Tots. The variance will not be detrimental to other properties in the vicinity as variance is limited to an 82 -foot extension of the length of an approved cul-de -sac. Plans also must be approved by the Fire District. 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 The special circumstances which exist are the size and shape of the existing parcel and surrounding development patterns which prohibit any potential connection to another public street. Surrounding existing development patterns necessitate the provision of a cul-de -sac to serve this subdivision. The property's narrow width and length precludes the provision of a shorter cul-de -sac design which would allow for development at the densities allowed under the R-4.5 zoning district. 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. The requested variance will in no way affect the permitted use status of the single - family residential dwellings allowed. This variance will allow the length of the cul-de -sac to exceed the maximum length by 82 feet. All other City standards will be maintained as discussed in this review process. 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. The impact of this variance will be limited to allowing the length of the cul -de -sac to exceed the maximum length by 82 feet. Existing natural systems, traffic, and drainage will not be effected by this variance since the impact of the variance is limited to allowing an increase to the length of the cul-de -sac. The hardship is not self- imposed and the variance requested is the minimum variance which would alleviate the hardship. The variance is not self - imposed as the variance is the result of surrounding development patterns that preclude street connectivity and the lot's shape that precludes the provision of a shorter cul-de -sac design which would allow for development at the densities allowed under the R-4.5 zoning. A redesign would would require the loss of a lot. The proposed design allows the proposed lots to provide the required minimum street frontage. The variance is the minimum variance necessary as the approximately 82 -foot extension is the minimum variance which would alleviate the hardship. Variance - Requiring Planned Development for private streets serving greater than 6 dwelling units: Community Development Code Section 18.134.050 provides standards for granting a variance as indicated in "bold" print below: STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 12 The proposed variance will • not be materially detrimental to e 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. The purposes of the Planned Development overlay zone are to provide means for creating planned environments through the application of flexible standards. which allow for the application of new techniques and new technology in community development which will - result in a superior living arrangement, and to encourage development that recognizes the relationship between buildings, their use, open space, and accessways, thereby maximizing the opportunities for innovative and diversified living environments. The subject application does neither of these. Section 18.164.030(S) requires that a private street serving greater than six (6) dwelling units be reviewed as a planned development. The main reason for this to ensure review of an accessway designed to accommodate a planned development concept. The variance will not be detrimental to the purposes of this title as: 1. the 160 -foot section of the street will be designed to provide adequate access for the seven (7) dwelling units that will use the driveway; 2. the remaining street segment will meet the design standards of Section 18.108; and 3. not requiring a planned development review for a portion of the street will not preclude adequate review of the street design. 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 The special circumstances which exist are a condition of approval of a previous partition (MLP 93 -0010) requiring joint access, the limited length of the proposed street which will actually serve more than six (6) units and the subdivision design which does not meet the general purposes of, nor warrant, a planned development overlay zone review. 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. The requested variance will in no way affect the permitted use status of the single - family residential dwellings allowed. This variance is limited to the process by which the application and street is reviewed. All other City standards will be maintained as discussed in this review process. 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. Existing natural systems, traffic, and drainage will not be effected by this variance since the impact of the variance is limited to determining which process by which the street is reviewed. The hardship is not self- imposed and the variance requested is the minimum variance which would alleviate the hardship. The reason for the variance is not self - imposed as the variance is the result of a previous condition of approval of a previous partition (MLP 93 -0010) requiring joint access. The variance is the minimum variance necessary since it allows only one extra lot from the private street standard. The proposed subdivision allows the developer to develop at a density allowed by zoning and the comprehensive plan. STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 13 • • Meeting the six unit limit would require the developer to lose a lot and therefore not maximize the development density as Metro and the City are striving for. Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal - and protection of trees .prepared by a certified arborist shall be provided with a subdivision application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. An arborist report has been submitted with this application which identifies the trees on the property and provides recommendations for removal and retention. Staff has talked with the consulting arborist to clarify the arborist report. Of all the woodlot trees, the arborist states that, all but five ( #'s 7,10,13,14,17) should be removed due to extensive decay. The report states that all five (5) of the healthy trees will be removed during construction. There are a total of eleven (11) trees, totaling 88 caliper inches, greater than 12 -inch caliper on the site, of which the applicant is removing five (5) trees. The applicant is retaining 54 percent of existing trees over 12 inches in caliper and is thus, required to mitigate 50 percent of the trees removed according to Section 18.150.025.B.2.c and 18.150.070.D. The applicant shall, therefore, prepare a plan detailing the mitigation of 44 caliper inches. Section 18.150.045.B states that, any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan according to Section 18.150.025 or 18.130.8., and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit impacted by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. Subdivision Design: Section 18.160.060(A) contains standards for subdivision of parcels into four or more Tots. To be approved, a preliminary plat must comply with the following criteria: 1. The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations. The proposed subdivision complies with the Comprehensive Plan Map's Low Density Residential opportunity for the site, as well as with the applicable policies and regulations of the R-4.5 zone 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. The proposed name of the subdivision "Shannon Meadows ", is not duplicative of any other plat recorded in Washington County. 3. 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. The site does not abut properties with approved plats that would require conformity or connectivity. STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 14 4. An explanation has b• een provided for all common im•vements. 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 Standards: Section 18.164 contains standards for - streets and utilities serving a subdivision. Improvements: Section 18.164.03O(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street This section is satisfied as the existing right -of -way along SW 97th Avenue is adequate. A half - street improvement will be constructed and the proposed private street will be sufficient to serve the development. Future Street Plan and Extension of Streets: Section 18.164.03O(F) states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is 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 and a barricade shall be constructed at the end of the street These street stubs to adjoining properties are not considered to be cul-de -sac since they are intended to continue as through streets at such time as the adjoining property is developed. The proposed plan shows how the adjacent properties are developed and the existing street system which supports those developments. Given the existing development pattern, it is not necessary, nor possible, to extend the proposed street to provide for future connections or facilitate future division of adjoining land. Street Alignment and Connections: Section 18.164.030(G) requires all local streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. This section is not applicable as there is no existing local street that abuts the property which would require extending or through circulation. Cul-de -sacs: Section 18.164.03O(K) requires that a cul-de -sac shall be no more than 400 feet long nor provide access to greater than 20 dwelling units. The applicant has requested a variance to this standard to allow the creation of a 482 -foot cul-de -sac. This variance has been approved and is discussed in the variance section. Private Streets: Section 18.164.03O(S) states that the design standards for private streets shall be established by the City Engineer and that private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi- family residential developments. The applicant has requested a variance from this standard. The variance is narrow in scope in that only the beginning 160 feet of the private street will serve more than six (6) dwelling units. The width of the STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 15 • proposed street has been approved by the Engineering Department. The variance has been approved and is discussed in the variance section. Block Design: Section 18.164.040(A) states that the length, width and shape of blocks - shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and _ safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: 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: 1. Where street location is precluded by natural topography, wetlands or other bodies of water or, pre - existing development or; 2. For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. 3. For non - residential blocks in which internal public circulation provides equivalent access. This criteria is not applicable as the site is constrained from meeting the specified block perimeter due to existing development patterns. Block Lengths: 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. Given the existing surrounding development, the provision of a pedestrian connection is not feasible. Lots - Size and Shape: Section 18.164.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is Tess than 1.5 times the minimum lot size of the applicable zoning district As indicated on the site plan, all six (6) lots comply with this criteria. Lot Frontage: Section 18.164.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. As indicated on the site plan, all lots provide at least 25 feet of frontage on the proposed private street. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. As indicated on the site plan, a sidewalk is being provided along SW 97th Avenue, thereby satisfying this standard. PUBLIC FACILITY CONCERNS: Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: STREETS: This site lies adjacent to SW 97th Avenue which is classified as a major collector street on the City's Transportation Plan. The right -of -way (ROW) width required for a major collector is between 60 feet and 80 feet. The existing ROW width on the eastern side of STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 16 the street centerline is Ifeet. The City has determined•at the existing ROW is - adequate. SW 97th Avenue is paved but not fully improved adjacent to this site. The applicant • proposes to mitigate the impact of this project on the street system by installing a half- street improvement along the site frontage. The plan assumes the existing pavement is . adequate and the new improvement will be in addition to what is there versus rebuilding the half- street. The City recommends that the applicant be required to rebuild the half - street from centerline unless the applicant can show that the existing pavement section will meet the City's design standards. This issue can be resolved as a part of the construction plan review for the public improvements. Because of the narrow configuration of this site, the applicant is proposing a private street to intersect with SW 97th Avenue. The proposed location of the intersection has been analyzed by the applicant's engineer with respect to sight distance along SW 97th Avenue. It appears the intersection will function well and does not pose a sight distance hazard. Therefore, we support the use and location of the private street. The applicant will be required to designate on the final plat that the private street will be jointly owned and maintained by the property owners within the subdivision. The applicant will be required to submit a draft of their Conditions, Covenants and Restrictions (CC &R's) that will include specific language as to how the private home owners are to maintain the street. WATER: This site can be served from a 6 -inch public water line in SW 97th Avenue. Plans for the proposed water system shall be included with the public improvement plans for the project and shall also be approved by the City's Water Department. There is an existing public fire hydrant on SW 97th Avenue that will need to be relocated as a part of this project; the costs for this relocation shall be borne by the applicant. There are also water meters for the existing homes that will likely need relocation as a part of this project; the applicant shall bear the full cost of any relocation needed. As per the Uniform Fire Code, all portions of the proposed homes must be within 500 feet of a fire hydrant, as measured along access ways. The applicant is encouraged to work with Tualatin Valley Fire and Rescue (Gene Birchill, 526 -2469) with regard to fire and life safety issues. SANITARY SEWER: The applicant proposes to serve this site from a public sewer line located adjacent to the northeast corner of the parcel. A public sewer line was extended south to this site from the main line in SW View Terrace and is located in a public easement. It appears the applicant's plan will function well. However, they will need to provide an access roadway from the private street hammerhead to the proposed new sanitary sewer manhole adjacent to the north property line. This roadway is required so City maintenance crews can get to the manhole to clean the sewer line. Because the lots in this subdivision are very close to the minimum allowed, it seems impractical to require the access roadway to be placed in a tract. Therefore, we recommend that the applicant provide a public sanitary • sewer and maintenance access easement over Lot 5 on the face of the plat. In addition, STAFF REPORT TO THE HEARINGS OFFICER SUB 96.0007 - SHANNON MEADOWS SUBDIVISION PAGE 17 • the applicant shall record a special Restrictive Covenant for Lot 5 to ensure that the City will have uninhibited access to the roadway and that no fence or other permanent improvements will be constructed over the roadway. • STORM DRAINAGE: This site slopes to the northeast. The applicant proposes to convey storm drainage from this site to a storm drainage lateral that was provided to this site from the Jubilee Place Subdivision. All storm water from the private street will be collected in a catch basin within the hammerhead portion of the private street. From there, a private storm pipe will tie into the existing storm lateral to the north. For lot drainage, the applicant proposes a private storm line along the north boundary of the lots to pick up the roof and foundation drains of the houses. This private storm line will also tie into the existing lateral to the north. The entire storm system in the project will be a private system and will be maintained by the property owners. A final design of this system shall be approved by the City prior to construction. The applicant will also be required to demonstrate that the downstream storm drainage system has capacity to serve this site, based on a 25 -year storm event (pre - developed versus post - developed). This downstream analysis shall be done in accordance with USA's Design and Construction Standards, which were adopted July 1996. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R &O 91 -75) which require the construction of on -site water quality facilities. However, the R &O provides that where a site is small, and installation of a water quality facility will prevent effective development of the site, a fee in -lieu is allowed. This site is small and the applicant would lose at least one lot if they were to attempt to install a facility. Therefore, Staff recommends the applicant pay the fee in -lieu. This fee will be based on the net increase in impervious surface (streets, sidewalk and roof tops). The fee will need to be calculated and paid prior to 'approval of the final plat. It is calculated as $180.00 for every 2,640 square feet (sf) of impervious area. Each lot is given a value of 2,640 sf of impervious area. GRADING AND EROSION CONTROL: USA R &O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per R &O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. EXISTING OVERHEAD UTILITY LINES: There are existing overhead utility lines along SW 97th Avenue. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 18 underground or, at the election of the developer, a fee in -lieu fundergrounding can be - paid. If the fee in -lieu is proposed, it is equal to 527.50 per lineal foot of street frontage that contains the overhead lines. • 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. The subdivision is consistent with Policy 2.1.1 because a neighborhood meeting was held by the applicant, notice of the public hearing was provided to owners of property within 250 feet and was published in a newspaper of general circulation. 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. Policy 4.2.1 is satisfied as the applicant shall pay a fee in -lieu of providing on- site water quality treatment as required by Unified Sewerage Agency Resolution and Order No. 91-47. Public Utilities: Policies 7.1.2, 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. Policies 7.1.2, 7.3.1 and 7.4.4 are satisfied because the developer is required to extend public sewer and water systems to this site prior to development. In addition, the developer is required to provide for underground installation of utility lines. . 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. Tualatin Valley Fire and Rescue was provided with a copy of the development plan in compliance with Policy 7.6.1. 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 The subdivision proposal complies with Policies 8.1.1 and 8.1.3 because the proposed improvements should contribute to a safe and efficient street system in this area. The proposed SW 97th Avenue improvements are consistent with City of Tigard standards for collector streets. The intemal street serving the subdivision shall also meet City standards in terms of design requirements for private streets. 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; STAFF REPORT TO THE HEARINGS OFFICER SUB 960007 - SHANNON MEADOWS SUBDIVISION PAGE 19 • • 4. The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; and 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. 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 private street serving the subdivision shall meet City standards in terms of design requirements. FINDINGS AND CONCLUSIONS - LOT LINE ADJUSTMENT Lot Line Adjustment - Approval Standards; Section 18.162.060 contains the following standards for approval of a lot line adjustment request 1. An additional parcel is not created by the Lot Line Adjustment, and the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by the zoning district; 2. By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the site development or zoning district regulations for that district; and 3. The resulting parcels are in conformity with the dimensional standards of the zoning district. The proposed lot line adjustment is consistent with these standards. The proposed adjustment will reconfigure the lot lines; however, an additional parcel will not be created by the adjustment. All lots will meet the 7,500 square foot minimum lot size and the 50 -foot average minimum lot width requirements of the R-4.5 zone. All site development improvements will remain consistent with Code requirements. Special Provisions for Lots Created Through Partition Process: Section 18.162.060 states that in addition to meeting the above standards, a Lot Line Adjustment must also meet the following criteria applicable to Tots created through the Minor Land Partition process: 1. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. 2. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. 3. Lot Frontage: Each lot created through the partition process shall front a public right -of -way by at least 15 feet, or have a legally recorded minimum 15 foot wide access easement. 4. Setbacks: Setbacks shall be as required by the applicable zoning district 5. Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. 6. Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 20 an abutting lot 'accordance with Sections . 18..080 and 18.100.090. Screening may also be required to maintain privacy for abutting Tots and to provide usable outdoor recreation areas for proposed development 7. Fire Protection; The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. . 8. Reciprocal Easements; Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. 9. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. 10. Floodplain: Where landfill and/or development is allowed within or adjacent to the one - hundred -year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian /bicycle pathway with the floodplain in accordance with the adopted pedestrian /bicycle pathway plan. Criteria 1 is satisfied as the minimum lot widths are 124, 124, and 140 feet respectively, thereby exceeding the 50 -foot minimum lot width. Criteria 2 is satisfied as the lot areas are approximately 15,109, 50,136, and 18,389 square feet, exceeding the minimum 7,500 minimum lot size requirement. Criteria 3 is satisfied as the Tots contain approximately '134, 25, and 125 feet of frontage on SW 97th Avenue, satisfying the minimum 15 -foot, minimum width requirement. Criteria 4 shall be satisfied as the applicant is submitting a revised site plan which demonstrates that the existing residence complies with setbacks. Criteria 5 and 6 are not applicable as these lots are not flag lots. Fire hydrants shall be consistent with Uniform Fire Code standards, thereby satisfying Criteria 7. A reciprocal easement and joint use and maintenance agreement shall be recorded with the approved subdivision plat map, thereby satisfying Criteria 8. Criteria 9 is satisfied as the existing residences will continue to use the existing driveways. Criteria 10 is not applicable as neither parcel is within the floodplain. SECTION V: OTHER STAFF COMMENTS The City of Tigard Building Department has reviewed this proposal and has offered the following comments: The private street should be a public sanitary and storm sewer, as well as all other utilities, easement. Engineering would permit and inspect all of that work. The City of Tigard Water Department and City of Tigard Police Department has reviewed this application and has offered no comments or objections. SECTION VI AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed this proposal and has offered the following comments: STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 21 • • Plans are not approved at this time. The applicant shall address the following plan notes and re- submit plans for review and approval: Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (15 feet for not more than two dwelling units), and an unobstructed vertical clearance of not Tess than 13 feet 6 inches. (UFC Sec. 902.2.2.1). Where fire apparatus access roadways are not of sufficient width to accommodate parked vehicles, "No Parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed (UFC Sec. 902.2.4). Signs shall read "NO PARKING - FIRE , LANE - TOW AWAY ZONE, ORS 98.810" and shall be installed with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters and border on a white background. (UFC Sec. 901.4.5.(1)(2) & (3)). Fire hydrants for single - family dwellings and duplexes shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief (UFC Sec. 903.4.2.2). The minimum available fire flow for single - family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) are 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A- III -A -1 (UFC Appendix III -A, Sec. 5). Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision (UFC Sec. 8704). Unified Sewerage Agency has reviewed this proposal and has offered the following comments: Sanitary Sewer: Each lot within the development shall be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R &O 96-44 (Unified Sewerage Agency's Construction Design Handbook, July 1996 edition). Engineer should verify public sanitary sewer is available to up -hill properties, or extend service as required by R &O 96-44. Storm Sewer: Each lot within the development should have access to public storm sewer. Engineer should verify that public storm sewer is available to up -hill adjacent properties, or extend storm service as required by R &O 96-44. Hydraulic and hydrological analysis of storm conveyance system is necessary. If downstream storm conveyance does not have the capacity to convey the volume during a 25 -year, 24 -hour event, the applicant is responsible for mitigating the flow. Water Quality: Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 22 • • PGE has reviewed this application and has offered no comments or objections. SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS SUBMITTED TO THE CITY OF TIGARD WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. January 16. 1997 PREPARED BY: Will D'Andrea DATE Associate Planner (2/ i January 21. 1997 APPROVED BY: Richard Bewers• . rff DATE Planning Manager I:iCURPLMPATTYtSUB96- 07 .0ec STAFF REPORT TO THE HEARINGS OFFICER SUB 96.0007 - SHANNON MEADOWS SUBDIVISION PAGE 23 - - - ------ - ------- --0------- ------------ ----IP- -- -- -------: - - r - ii i 4 1 '1 . .. . IEWCT I bat -___L_;. ,• , 1 _I 1 I IIIIN HI 1 1 - ,,:,:_t_12iii.,41_,• 1 c A r :: libi , i _ _ ■ ariii.in 1 - ) :.., Ili - , . r ir a I __, g NEI r bike: J 1 J -.. l' 1.'1 . CO ITFP 141 1 fil ' WA , ca. I • cl--A All : f _, "rTFIRR 'kb. 1 " -- . 01 51161 ISOX Ins • 1 l i : > - MIMI" c ! 1:1Zr.C. . 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I I; 1 4 0« ��' � \ U TL ER i i PE i NRO r s E yy I� • • s w ell III I ii 1 t 1 \ TEL 0000 rn ruoo I IA noo r 6 I �l :I: 1 1 � 0° I' `� 1 ,, t o \ TERRA I N 1 T ERIRA CE 22 C al I I rn c aa0 \ \\.. — --J I I Flt 1 3 I 20 r� Tnw 2 o m I I !, I I sIi , r,, 7800 1 r., 3 o I i I -......../ \ -- - L 1 1 I 1 Y V O 1 ' i , `� . '°° 1 CL o -� A SW 'NU STREET CR Q1 C Q = O d a © _— _ CITY OF TIGARD PLANNING DIVISION • ...0§', • 1 CITY OF TIGARD Community Development Shaping Better Community PROPOSAL DESCRIPTION FILE NO: SUBDIVISION (SUB) 96 -0007 LOT LINE ADJUSTMENT (MIS) 96 -0027 FILE TITLE: SHANNON MEADOWS SUBDIVISION APPLICANT: Richard Whiteman OWNER: Ted Olson PO Box 2065 3500 SW Trail Road Lake Oswego, OR 97035 Tualatin, OR 97062 (503) 781 -4331 (503) 638 -0166 REQUEST: A request for the following development applications: 1.) Lot Line Adjustment request to adjust three (3) parcels of approximately 12,632, 55,756 and 15,246 square feet in to three (3) lots of approximately 15,109, 50,136 and 18,389 square feet; and 2.) Subdivision preliminary plat approval to divide the parcel of approximately 50,136 square feet into five (5) lots ranging between 7,503 to 15,109 square feet. LOCATION: South of SW McDonald Street, north of SW Murdock Street, and on the east side of SW 97th Avenue. WCTM 2S111 BA, Tax Lots 09100, 09200 and 09300. ZONE: R-4.5; Residential, 4.5 units per acre. The purpose of the R-4.5 zone is to allow single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.80, 18.100, 18.102, 18.106, 18.108, 18.160 and 18.164. CIT: South CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY STAFF DECISION DATE COMMENTS DUE: Monday December 30,1996 _ PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 X HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 CITY COUNCIL DATE OF HEARING: TIME: 7:30 PROJECT RELATED COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP LANDSCAPING PLAN NARRATIVE X ARCHITECTURAL PLAN SITE PLAN X OTHER STAFF CONTACT: William D'Andrea (503) 639 -4171 x315 SUB 96 -0007 /MIS 96-0027 SHANNON MEADOWS SUBDIVISION PROPOSAUREQUEST FOR COMMENTS CITY OF TIGARD December 30, 1996 _ OREGON Richard Whiteman PO Box 2065 Lake Oswego, OR 97035 Re: SUB 96 -0007 Dear Mr. Whiteman: This letter is to inform you that your application for Subdivision Review (SUB 96 -0007) is considered complete and has been accepted by the Planning Department. If you have any questions concerning this information, please feel free to contact me at-639 -4171. Sincerely, • bid' Will D'Andrea AssociatePlanner, AICP i:\curpin \will\sub96- 07.1t3 c: SUB 96 -0007 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 • • AGREEMENT TO DEVELOPMENT IMPROVEMENTS AND CONDITIONS IN LIEU OF PROVIDING IMPACT STUDY WHEREAS, the undersigned 7'a7 Q he J.._ warrant(s) that (I /we /they) are owner(s) of real property in the City of Tigard, Washington County, Oregon as described: In EXHIBIT 'A ", attached hereto, and incorporated by reference herein. WHEREAS, the undersigned wishes to develop the above described property for Su beefy )S . c b• without preparing an impact study to quantify the effect of the development on public facilities and services. The preapplication conference established that the developer will transfer an interest in real property. The undersigned wish to develop the above referenced property in accordance with the preapplication conference. NOW, THEREFORE, the undersigned agree(s) to the following: 1. That the value of the real property interests required to be transferred for the above referenced development are roughly proportional to the impacts of the proposed development upon public facilities and systems. As such, the undersigned hereby agrees to comply fully with real property requirements and public improvements and waives the right to pursue any legal challenge to those conditions. 2. This agreement is a binding contract between the City of Tigard and all persons who presently have an interest in the property or who acquire any interest in the property in the future. 3. This covenant shall run with the land, shall be recorded in the Washington County deed records and shall be binding on the undersigned and all successors in interest of any property affected by this development. 4. Should any portion of this agreement be declared void by a court of law, the remaining portions of this agreement shall remain in full force and effect. Dated / 2- / 2- 4' , 19 �� Dated 1 g Signat re of owner(s) City of Tigard g- f- d 1,-- - STATE OF OREGON ) ss. COUNTY OF WASHINGTON ) Personally appeared before me on the ats.fin day of ) c42.-wJa, ` - • 19 I(u , 1 date sw, who acknowledged that the foregoing was his voluntary act and deed. ��, OFFICIAL SEAL • , �" /4AI4 ' / '�`� JULIE A. McDIARMID Not; Ty Public for Oregon �/ 8' NOTARY PUBLIC - OREGON My Commission Expires:9 �7`i , I q q O rhblimpv ay -L' , COMMISSION NO. 036479 MY COMMISSION EXPIRES JULY 21,1998 • CITY OF TIGARD, OREGO SUBDIVISION APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639 -4171 FOR STAFF USE ONLY CASE NO. 6q i; 5T to - 0467 \f ��, °J� OTHER CASE NO' s: /(I /4__P {t " RECEIPT NO. Co 3 APPLICATION ACCEPTED BY: ait ' DATE: 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS /LOCATION S W 9`3 (A) Application form (1) ✓ (B) Owner's signature /written TAX MAP AND TAX LOT NO. 2 S 1 II IA 9 200 authorization loo Q-50c. (C) Title transfer instrument (1)`7 SITE SIZE /.2-% AL: (40 e 64NN oo r' G (-» PROPERTY OWNER /DEED HOLDER* TED 01.-SON (E) Preliminary Plat (pre -app Zk n n checklist) 357r0 ADDRESS ?5� SO — R4/ ( F'dl - PHONE (o33 - O /66 (F) Applicant's statement 'ZL( CITY a /ad Of-- ZIP 976'4 Z (pre -app checklist) APPLICANT* 2 ►c. t4A 1217 A l) 4 lT M/- -N (G) List of property owners and ✓ ADDRESS P.O. \3 D). 20G C PHONE 7%1 addresses within 250 feet (1) CITY )' 4 E ?SUaE6`0 ZIP 1 (H) Filing fee afillarrifigh *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 0 BE COMPLETE: from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or FINAL DECISION DEADLINE: submit a written authorization with this application. COMP. PLAN /ZONE DESIGNATION: O - 2. PROPOSAL SUMMARY ZZ The owners of record of the subject property request permission to divide a /,2 g' Ae• N.P.O. Number: (Total Area) parcel into S lots between Preliminary Plat Approval Date: (number of lots) 7603 SF' and /7;SP SF square feet in size. O ft Final Approval Date: \)), "� Planning 0520P/13P Engineering Rev'd: 3/88 Recording Date and Number: • • 3. List any variance, Planned Development, Sensitive Lands, or other land use actions to be considered as part of this application: 4. Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this application. • 5. THE APPLICANT(S) SHALL CERTIFY THAT: A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. DATED this ,D / / : // day of 19 SIGNATURES of each owner (eg. husband and wife) of the subject property. ?4701 (KSL:pm /0520P) SHANNON MEADOWS SUBDIVISION PROJECT OVERVIEW DEVELOPER/APPLICANT Richard Whiteman P.O. Box 2065 Lake Oswego, Oregon 97035 Telephone: 781 -4331 EXISTING OWNER Ted Olson 3500 SW Trail Rd. Tualatin, Oregon 97062 ENGINEER/SURVEYOR Harris - McMonagle Associates 12555 SW Hall Blvd. Tigard, Oregon 97223 Telephone: 639 -3453 REQUEST Preliminary plat approval for the subdivision of 1.57 acres into six lots ranging in size from approximately 7,503 square feet to 15,109 square feet. A variance is also requested for a dead -end street in excess of 400 feet. LOCATION The address of the existing house on the project site is 14380 SW 97 Ave. The property is shown as Tax Lots 9100 and 9200 on Assessor's Map 2S- 1 -11BA. ZONING R -4.5 - 4.5 Units per Acre (7,500 S.F. minimum lot size). RESIDENTIAL DENSITY CALCULATION: 1.57 acres = 68,389 S.F. gross site area 13,678 S.F. (20% for public right -of -way) Net 54,711 S.F. divided by 7,500 S.F. (minimum lot size) 7.3 Units This number exceeds the six units that are being requested. EXISTING SITE CONDITIONS The site slopes from the southwest corner (adjacent to SW 97 Ave.) towards the northeast corner at approximately 5.5 percent. There is an existing house located on the northerly portion of the site, approximately 70 feet from the right -of -way of SW 97 Ave. A separate cottage /garage to the south I/ IIP will be removed during construction. As shown on the proposed preliminary plat, there are several large fir trees and several fruit trees around the house and a separate grove of maple trees located along the east edge of the site on the proposed lot 6. A tree mitigation plan, if required, will be prepared prior to the disturbance of any trees onsite. SERVICES & UTILITIES Sanitary sewer: There is an 8 -inch diameter public sanitary sewer line in the rear of lot 32, Penrose Terrace adjacent to the northeast corner of the site. This line is of sufficient size and depth so that it can be extended to serve the project. Water supply: There is an existing 6 -inch City water main in SW 97 Ave. Storm drainage: There is an existing 10 -inch storm line stubbed to the north edge of the site. This line is of sufficient size and depth to serve the project. Electrical, telephone and other private utility company services are available to the site. There are existing overhead lines along the project's frontage on SW 97 Ave. These lines will be replaced with underground lines, or a fee paid in lieu of. FUTURE STREET PLAN AND EXTENSION OF STREETS As shown on the preliminary plat map, all of the properties adjacent to this site are fully developed. The future street plan is therefore demonstrated by the existing street patterns as shown. Due to the long and narrow shape of the property, a variance is requested for a dead -end street in excess of 400 feet in length. The proposed street measures 482 feet in length. It is required to be that long to serve a 7,500 s.f lot at the eastern end of the property, as no other access is available. ON STREET AND OFF - STREET PARKING There will be no parking allowed along the private drive. The posting of required "No Parking" signs will be the responsibility of the developer. There will be a minimum of two off- street parking spaces provided on each lot for each single- family dwelling proposed. SOLAR ACCESS All of the lots in this development have North -South dimensions in excess of 90 feet. Therefore, this development meets the residential solar access requirements. 10/23/96 whitepre • • s 0:4 1 11 CITY OF TIGARD November 15, 1996 OREGO Richard Whiteman PO Box 2065 Lake Oswego, OR 97035 Re: Notice of Incomplete Submittal Dear Mr. Whiteman: The Planning Division has conducted a preliminary review of Subdivision (SUB) 96-0007, an application for a Subdivision, and have found that certain additional application materials were not provided with the submittal. The Planning Division is unable to continue processing the application pending submission of the following item: 1.) Impact Study. As an alternative to providing the impact study, an applicant may provide a signed copy of the "Agreement To Development Improvements And Conditions In Lieu Of Providing • Impact Study". Notice of the impact study is found on page 8 of the Pre - Application Conference Notes (dated 8/6/96). If you have any questions conceming this information, please feel free to contact me at (503) 639 -4171. Sincerely, William D'Andrea, Associate Planner, AICP i :lcurpinkwasub96.07. R2 \c: SUB 96=0007 land use file _ ) Enclosure (1) 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 • • AGREEMENT TO DEVELOPMENT IMPROVEMENTS AND CONDITIONS IN LIEU OF PROVIDING IMPACT STUDY WHEREAS, the undersigned warrant(s) that (I /we /they) are owner(s) of real property in the City of Tigard, Washington County, Oregon as described: In EXHIBIT "A ", attached hereto, and incorporated by reference herein. WHEREAS, the undersigned wishes to develop the above described property for without preparing an impact study to quantify the effect of the development on public facilities and services. The preapplication conference established that the developer will transfer an interest in real property. The undersigned wish to develop the above referenced property in accordance with the preapplication conference. NOW, THEREFORE, the undersigned agree(s) to the following: 1. That the value of the real property interests required to be transferred for the above referenced development are roughly proportional to the impacts of the proposed development upon public facilities and systems. As such, the undersigned hereby agrees to comply fully with real property requirements and public improvements and waives the right to pursue any legal challenge to those conditions. 2. This agreement is a binding contract between the City of Tigard and all persons who presently have an interest in the property or who acquire any interest in the property in the future. 3. This covenant shall run with the land, shall be recorded in the Washington County deed records and shall be binding on the undersigned and all successors in interest of any property affected by this development. 4. Should any portion of this agreement be declared void by a court of law, the remaining portions of this agreement shall remain in full force and effect. Dated 19 Dated , 19 Signature of owner(s) City of Tigard STATE OF OREGON ss. COUNTY OF WASHINGTON ) Personally appeared before me on the day of . 19 who acknowledged that the foregoing was his voluntary act and deed. Notary Public for Oregon My Commission Expires: rhbtimpway.agr CUSTOM HOMES BY • • MEMBER OF Home Builders Association Richard A. Whiteman of Metropolitan Portland N 4`� ,„,sT ER 110,4, P.O. Box 2065 E lY t Lake Oswego, OR 97035 (503) 781 -4331 — " 11 O — i _' 'N.\1 T X - November 04, 1996 ATTN: William D'Andrea, Associate Planner, City of Tigard Re: Proposed subdivision # 96 -0007, Shannon Meadows • Dear Mr. D'Andrea: I ed 141)/2 owner of tax lot 9300 authorize the involvment in the proposed lot line adjustments of tax lots 9100, 9200, and 9300. Sincerely, r ict);:f6v...1 1 12/20/96 FRI 13:07 FA% 1 503 274 5472 CUSTOMER_ SERVICE 4 LO f�j001 • • National Title Comp of Oregon � Fidelity 1�Tatio NE , Information Services 401 SW Fourth Avenue 24 Hour Information Request Line: Portland, OR 97204 Phone: (503) 227 -LIST (5478) Fax: (503) 274 -5472 http: / /ww FAX COVER SKEET ex Phone: To: 1- 0 ' Fax: Re: jCed.le...i.5-46eir--•-----: ---- -----. From: Information Services Department .. .. • • • • Jeff Meucci ❑ Mollie Rowe ❑ Ben Ares Solis J effM@fo com Mollie Rowe@fnto.com Bers<4S@fnto. com O David Bunker 0 Joshua Combs ❑ Nicole Utley JoshuaC@fnto. com NicoleK alto. com ,DaveB@fnto.com 0 ' Other: O Erin Carlton- Thomas ❑ Kerry Knunholtz ErinC@fizto.com KerryK a(nto.com Number pages r of a es including this cover sheet: V If you do not receive all of the pages indicated, please call us as soon as possible: (503) 227 -5478. Thank you! - Comments: Confidentiality Notice This facsimile transmission and all documents accompanying it may contain confidential information. This information is intended only for use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, or distribution of the contents of this information is strictly prohibited. If you have received this transmission in error, please immediately notify us by telephone and arrange for return of the documents. 12/20/96 FRI 13:07 FAX 1 503 274 5472 CUSTOMER SERVICE 444 LO JJ003 0 In Isi,i des .. ..... 0 sz b _� f T z t I ?.. , c -, f 1 vit ti D ...... A - aloe:. '...• _ fi _ 47-3 t- . ti • V ii. 0 c....•.. o 7 'g. t .' •,+ l j L4) co ot %ill liMila" � .. ,,, • , iu W 0 $ (C) 2 3 I N tO .i VS II es In ........1 PI 0 tui WI N 0 I n d1 - 510 5 X : 447 .46 0 b 12 1 t 13 ) -- lrm er . ir i 12/20/96 FRI 13:07 FAX 1 503 274 5472 4111 _ CUSTOMER SERVICE �-► LO 002 FIDELITY NATIONAL TITLE -- THE CLOSING COMPANY A Facsimile 274 5 Telephone 227 -LIST Washington County OWNERSHIP INFORMATION Reference a Y# : 2Si11BA 09300 ES Q : p �$;SO.1W -11 -NW NE Parcel Number :R2040667 Owner :HARLEY ROBERT A;NATALIE J Site Addrss - -- ,, --A4 4a -stnr -97TH _A - .` TrGARD 9`72 4 - = Mail Address :14440 SW Address 97TH AVE TIGARD OR 97224 Tenant Telephone :Owner .. SALES AND LOAN INFORMN /' o Amount :$114,200 Transferred:07 /23/96 �� Document ## :65759 Lender :CHOICE MTG Loan Type : CONVENTIONA Sale Price �:���- �a.800_._._� Interest Rate :FIXED ' Owned Type :WARRANTY Vesting Type :MARRIED PER � Owned :100 ASSESSMENT AND TAX INFORMATION Land :$57,230 Exempt Amount: Structure :$79,110 Exempt Type . Other % Improved :58 Total :$136,340 Levy Code :02374 96- 97Taxes :$1,856 2 School Dist :TIGARD PROPERTY DESCRIPTION Map Grid:655 E6 Class Code:R13 Census :Tract 308.01 Block 2 NbrhdCd :ETIG MillRate :13.6149 Sub /Plat: Land Use:1012 RES,IMPROVED Legal :PARTITION PLAT 1994 -052, LOT 3, :ACRES .35 PROPERTY CHARACTERISTICS Lot Acres :.35 Year Built :1953 Bed :2 Lot SqFt :15,246 EffYearBlt :1942 Heaat t Met hod:FORCED ee : BsmFin SF :1,024 Floor Cover:CARPET H BsmUnfinSF: Foundation :CONCRETE FTG Pool Bldg SqFt :2,048 Roof Shape :HIP Appliances : 1stFlrSgFt:1,024 Roof Matl :COMP SHINGLE H F : UpperFlSF : InteriorMat:DRYWALL Deeck ck Porch SqFt: Hood Fan Paving Matl:ASPHALT Attic SqFt; Const Type:WD STUD \SHTG Garage SF :420 Garage .rype:UNIMPROV Deck SqFt Ext Finish: The Information Provided Is Deemed Reliable, but Is Not Guaranteed. r...::. I1 . i 1 l. '} 100th. \ r T f rAVENUE _ �':�. • V `"' a 15 ` M Y 1 M.rw kJ 0. . ......: ;.: ....._.... 3 . , 4, ,. :, ..„...., s a i , < 1 if N w • r V_ .. r ,, _ ; CIF Nil rue.. 1' + .....z v ` � R t �•t•.:. ale• • aJw - 'IF -I.:'w /0 ' 3-{!: :! Q 1 wrnw Zt i y d MU ii � { p ^ / . ., 111 Milite ril ' ..- :LI. I 1 aj X" ° + Y Tn4 S w ' C - z SW 9ethICOURT S.W. 9Ste. I A NUE 1 • = ` - r 8 a �s a • N Illg Nit; •‘ n r, - ,- a.. N �.� . 1111111 MIS N IeV r • �' 0 ci s it �1 1 .1N. 970.1 PLACE M 1 e o - Po • 1 H 3 y8' a • 1 1 il il 4 J it IAA I SL v b alp 1I { � ' r % T i S.W. �..�... tt9` r.. >i . l / ItR MaH • N / . . t i aH ,, I. ti 1F: u p s \i k' 1 (1 , 1 .w =i 1111. I ; I. t p r 1 . l 4 1 -8t 0 l g � �.� y j I I _ 1 1 — i i 0° au' 1 • T .... 1 Ai ! ' - .. •t-,, t ,-" i. . - * 1 :1 0 4 . wolvt. : • • _./A. x ri 5 1 0 4 i ; il r !, . Q + .11� : likii:5. Is i. ; cam u i �r �l i k g � i � ar T it B i n .01 -.. oDD i ' IZ 4 i �`� 1\1 N ti• IY g 2 : a : 2?l� l: t - .I 141..4 f • t 01 4-4-4- 33IAH3S uawoi.S110 ZOS ti12 COS T XV3 S0: CT IHI 96 /0Z /ZT 12/20/96 FRI 13:09 FAX 1 503 274 5472 CUSTOMER SERVICE 444 LO 0 005 STATE OF OREGON 1 SS }; ° of Wa i t!'..4.t1.,f. . County , . ; , , ! : ' : • �?aroar; >11 r of Assocs. - v R; ; ; t 1. Jerry V, i i .. on' ,8t'J!"Ecj 4'so County ' '',,Z' ' , thst ment and T �,� , ro 4 t�. . t �rt1fY l cd .• Clerk lort�lQ: a .. �fayhl�'`.9CO t , ar ,' tho within Inbtr tr ' ,, go { 4 � tip, .,ot *aid ,, Iti " • and racordaa • . A i. s • . `i county,' t y ^, ' , .� =A %, ' Y• • MI '�. 1 3 F , ;9 + • '�! .'J� rY' " �. �0 w ..:,if sTe �� %:�9+ s } � t{ o r • • ry 0 •40 Sark Doc 96465759 VH:lrit t 161.00 • , I ; . Reci: 159615 : rL: 03:01:4 P rlY 07/23119 , : fi r �.. ,-, j 1-, ; e ; F;s . • ''• ' r '...' ✓. • j f • • • i. � 91 . Zf4r * .. , v `,_ ti - ► ` J r - 12/20/96 FRI 13:09 FAX 1 503 274 3472 CUSTOMER SERVICE 444 LO � f�J006 .41d-r. w�•1T:,.;ti.': • "�• • �cs'r•�•■• ' . ` i ',' i : q •ai'•'..�' �..f�-`5 r ■ f� a � i, •• Y Y f ''' 1 TkTO a011 IR 2r9 +f Notional Title Company of Oregon ' • ,a ..:.� ., r,� Fid;:iity Iti °m f� Y,, 1,:x > : g o a e r S TATUTCRY WARRANTY DEED • , . " . Corporatol " f y i 'Individual Or . Cox and Carolina E . Cox, h . , , 47'1 � � � . � Ai husband and vi r "'' ■ � aa " .... 't: � ........ . ..... �a►roRt ro and 'wit ? r s V;e n , • . ,ter • ... ...... i gegaliec. r iiO , taar rhueba .. Mei iY 1: • > ; ' RoSer! A. Bail y He al ... ..... ... ... ttit4, ' ti '4 a ; : ............. . .... ... J h herein. carer! F Y - and dear of encwtbrarta tae t os Su art ' :.. • t(► '� t!' � r . � � � .,,e � ) 4 ti� j , . , c d N ,.' ' ' ' h ol(ot•ing� Ees ing. .n.. property. ° sti ,r •:c Cv grantee. t el Zreshin8ton Saleq(Oregon, to wit: ,_ , ", ,, .• ', : !n the county' of ether with en easement for r r : . •.,. � . Farce). 3 of Partition Plat 1994 -052, Together ='1 rl : ingreoe and C$TC89 au disclosed an Partition Plat 1994 -052, in the City of � , , 1 , ' ,x `' Tigard, Washington County. Oregon ''� r � ��� r,�`0, • , Aesestrzents of Ur.7.fi.d S ; . , �` ri,�,r., . ;. � ti . �; rt .. 1 • : . 1996 -97 taxes a li not yet payable; se Fee No. 9 4 0 6. 47 1 1 * , • ' ' Gic t recorded July 7, tl` J ' 4.y$ i Hwy[ , 8 covenant tecoid � C". $ %ect to anti 3 Restrictive eo ; � r t;.:..; . • n s. F l :. • r 1ri[ �,r IN T1i151NSTRUMEN IN VIOLATION 7,-,••• g'. i [ 7," tI !, • e.. .. � 5. ,," ` ` WILL NOT AI LOW USEQETHE PROPERTY OESCRiBED 1. A n I : - ,1 =� THIS INSTRUMENT USE LAWS AND REGU BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE - -_ , •' ' a OF APPLICABLE OW CQU LAND ' t f0 VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST , - - - ' PERSON ACQUIRING FEE'IITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATCs CITY OR CO - , • PLANN DEPARTMENT ; ? - ;. ': .: � ;,` D O RS N FOR THIS CONVEYANCE IS S 162 a g00.0Q,,,, : ... _.... -- C[IC AS DEFINF� IN ORS `' t FARMING OR ORE TRUE A RS )0.9 C AND ACTUAL ....... ............. ......................... ......... : (See ORS 93.010) '= Dated this ... .I.;.I....,.. day i AL F.i.21tive'r 1 .:.r.r;. r=y `{ !A:4.40.1... � �_ RE Li3.0 =r� lei he el W. Cox nn C srolinn STATE OF Idaho . County _.cu d4t County - ` 4 199 ' . - This in was acknoalcdged berate are on nygr - •• by MiSh el 41i Cox and Carolina E. Cox 199 ` This instrument was acknowledged berate toe oa • Notary Public and for Idaho i ti. %. I. ij 4 r ; -- •- -... h commission expir^S: q-//-9,V. �C . _ I�tSliir �k' l)t...lrl'S 1..--,:. - , .r .,• -� t' — GRA S NA.rtEi . , •• .,: _, .. Spate reserved for =aide's *actual. Ii .COX b CAROLINN E COX er's use GRANTEE'S NAME i a ��: �! y - . '. ,tARL Sf r . ; f ,. ti 0/. 4 6.X. j -:..-.4.V-.. 'i ' uture tart statements tc: _ ' _ :-___:::::".1 : � Until fart notice scud f Natalie ; • "..;-'2 icy -,,;.f.:(.-4.14).; � ��'. ; ", ;;i i Halle and Nae e J • . , ' ,- Robots A. Y f . �.:• = .'� AFTER RECORDING P. fiRN tO; • November 1, 1996 as 4 CITY OF TIGARD Richard Whiteman OREGON PO Box 2065 Lake Oswego, OR 97035 Re: Notice of Incomplete Submittal Dear Mr. Whiteman: The Planning Division has conducted a preliminary review of Subdivision (SUB) 96 -0007, an application for a 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.) Additional application fee of $64.00. The submittal includes a Subdivision ($2,185.00) and Lot Line Adjustment ($54.00). The total fee for this application is $2,239.00. Attached is a copy of the fee schedule. 2.) Signature of the adjoining property owner (tax lot 9300) authorizing I 2 � involvement in the proposed lot line adjustment. 3.) Tree plan, in accordance with Community Development Code, Z 18.150.025. The plan shall specify the preservation and /or mitigation plan proposed for the subdivision. If you have any questions concerning this information, please feel free to contact me at (503) 639 -4171. Sincerely, William D'Andrea, Associate Planner, AICP is \curpin \will\sub96- 07.Itr c: SUB 96 -0007 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 10/20/96 23:25 1503 7966631 FIDELITY TITLE • iii FIDEL. NAT- TI _ ra002 • : . :. : it 1i.� ��l•Lti: j ti ts_ `mil'- : .... 4. 'L ,_ ��': t • STATE OF OREGON . 1 SS 0 County of +Mustang :on I • t. Jerry s - r = . of Assess- ment and ,_,. n • • � -0 County T BARGAIN AND SALE DEED - S T ATU' ms k1r ; '`. - = __ county. that 7 (- INDIVIDUAL GRANTOR and re•; r8e0.- •"`:^� * k - ' - s : I/ _ . T racie Jo•: OISOn, Grantor, conv to pa- • e ,_ d .:., i G the following � 0 * . Tlieodor� rantee,• • • .. r eal prop&t Iocated'at -i 4380'5'W 97th, _ a �- ion, Ex- • T ard s ituat e d' in the cou of lark Was hin9tbn;.Oregon, and described as Doc 96077331 fOflOws; to -W:t: Rect• 170855 33.00 . • 08/28/1996 02:12:04pai • Partition Plat 1994-052, LOT 1, Acres '.29, Coiirity :of Washington, State of Oregon. • . The triie:.considsration paid for this. transfer • is a' of Dissolution of Marriage entered' in the Circuit Court of Washington . . , County, 'case No. C95 2390 DR. • • 1 DATED: I. �7 • • TRA 1E JO we' N THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY CR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY Limas ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ; ORS 3D.930... kt ale,OLLL__, ` 19 STATE OF OREGON, County of i'+ ) ss. _ , __ .. t - • ` - ._ _ Personally appeared the a o ve -named Tr cie J • -- — - • the foregoing lunta act and deed. t -• :.k instrument to be her voluntary ,-�`;.. C : -.1 _x Before me: - N,c- ,: Mir. .. : ` • :,.' :' ;:N • . - ,. � :. CC•; :•;M,= : . ::' {;z-:'. , `' . 0 ; r... ti� c..r.r.�_.....� r 1. 7 7 I . NOTARY PUBLIC FOR OREGON t My Commission Expires: 3 -l�Tf BARGAIN AND SALE DEED Grantor's name and address After recordina return to: Tracie Jo Olson Theodore J. Olson - 15870 S.W. Barrington Terrace 9541 S.W. Inez Tigard, OR 97224 Tigard, OR 97224 Grantee's name and address Until a.chanae is reauested, ell tax Theodore J. Olson statements shall be sent to the 9541 S.W..Inez following address: Tigard, OR 97224 Theodore J. Olson • 9541 S.W. Inez Tigard, OR 97224 _ • • AFFIDAVIT OF MAILING dE STATE OF OREGON ) )ss. City of Tigard 1, A - , being duly swom, depose and say that on q. -20 , 19. 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 (or near) / -3 ( 4 o Siw cr7 7J a copy of which notice so mailed is attached hereto and made a part of hereof. 1 further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office located at 1-c l e. /35 c -42-j with postage prepaid thereon. Signature (In the presence of a Notary Public) • (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and swom/affirmed before me on the Y of of 0 -o ^- , 19 r ` ,I ' 2 � OFFICIAL SEAL • r CARCI. <.. !.ENDA NOTARY PUBLIC- ORE(ON .;� COMMISSION NG. 027 717 i MY COMMISSION EXPIRES SEPT I8. )997 ; NOTARY PUBLIC OF OREGON My Commission Expires: 9_ _ 9 , 2 (Applicant. please complete information below for proper placement with proposed project) • \'A:ME OF PROJECT OR PROPOSED NAME: SNANNO / /y/ EA) DDD( -v ! TYPE OF PROPOSED DES LOP EN'T: 5" 1 S i N6 F411 11 - Name of App licandOwner. le 1 C H-A 12 . 14/ rf I7 E /l1 /�/ y Address or General Location of Subject Property. e£ /4 i /vp / L/ 3 Sf s'1r4- 9 7 / - 9 , T j ya „ L ubject Property Tax Map(s) and Lot T(s): a 5 / //BA q /OO ' - q Zo O l J h :Uo aU.mst AFFIDAVIT OF POSTING NOTICE - WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFIDAVIT TO: . .... . . .. Planning . � . . ,.. .. .,. . . .... :.... ...:.... .:.....: Div � � .. .. . :s." . :., .::� . . .. . 1312b SW Hall B •: "'.: .. .. . .. ••• ... • , . Tigard; OR :97223 .. .. .. • 1, 121C}1 -1.120 I✓il4-I- inmIN , do affirm that I am (represent) the party initiating interest in a proposed S"v9 P 1 V 1's i a/Y affecting the land located at (state the approximate location(s) if no address(s) and/or tax lot(s) currently registered) :Z S 1 /1 /3/I TAY 1-0 S G1ld0 -4- y2o v and did on the 21 day of Ser /nvti-ice . 19 EL personally post notice indicating that the site may be proposed for a S'1 a c -' e 5, - . application, and the time, date and place of a neighborhood meeting to discuss the proposal. . The sign was posted at 64 1'vaK -ct 4-0 1 L43 0 5 q 7 „_e 7 ya...2 (state location you posted notice on property) Signature (In the presence of a Notary Public) (THIS SECTION FOR A STATE OF OREGON; NOTARY PUBLIC TO COMPLETE/NOTARIZE) Subscribed and sworn/affirmed before me on the J d ay of (-) )2 A, , 19_,6 _ C/, I , . ', OFFICIAL SEAL C�C� :, r. � PcL;.. NOTARY PUBLIC OF OREGON ri NOTARY ARY COMMISSION SIGN PUBLIC-OREGON NO .02711 ? My Commission Expires: 9' ,- f - 7 MY COMMISSION EXPIRES SEPT. 13 1 997 ? u_ (Applicant, please complete information below for proper placement with proposed project) r rA:IIE OF PROJECT OR PROPOSED NAME: _CH A+NAloN m EA -OO CAI 5 - TYPE OF PROPOSED DEVE OPME: S'” i-- S N / 6G r/illn /L y Name of Applicant/Owner: 4N'T i C (+ 4i 2 o 4 , 14-'14 IT 6 41/-1 /'f � Address or General Location of Subject Property: BE II /ND / d} 3 t't 9/ y 7 t ffv-(. 7) 51 re L J L S u bject Property Tax Map(s) and Lot #(s): 2 s 1 1 1 is /.1- '1 / 0^ d- q 20 p I tE logcflpattyYrastersladpost.trst • • • CUSTOM HOMES BY MEMBER OF Home Builders Association Richard A. Whiteman of Metropolitan Portland j P -1 ER 11 P.O. Box 2065 E /Y Lake Oswego, OR 97035 — ON-). l 04/-b— : =� s (503) 781-4331 I Sept. 20, 1996 Homeowner } RE: Land Development Dear Interested Party: I Richard A. Whiteman d.b.a. YOUR NEXT HOME is the owner of the property located at; tax lot # 9200, behind 14380 S.W. 97th in Tigard. We are considering proposing a 5 lot subdivision at this location. Prior to applying to the City of Tigard for the necessary permits, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: The 7th day of October, 1996 3rd floor conference room 5335 SW Meadows Rd. Krusewoods II Building At 7:00 PM Please note, this will be an informational meeting on the Preliminary plans. These plans may need to be altered prior to the submittal to the City. I look forward to more specifically discussing the proposal with you. Please call me at 781 -4331 if you have any questions. Richard A. Whiteman YOUR NEXT HOME 1 • 0 James Ward Evans Terry Palm Frank Doris Palm I Joyce 14405 SW 97th Ave 14325 SW 97th Ave 14285 SW 97th Ave Tigard, OR 97224 Tigard, OR 97224 Tigard, OR 97224 Daniel & Doris Berg POSTFRACH 109 Theodore & Tracie Olson Darwin Webb 8201 Scaffhausen 9541 SW Inez St 9529 SW Inez St SWITZERLAND Tigard, OR 97224 Tigard, OR 97224 / Steven Schoenbrun yb,,aP Craig & Julie Smelter/ Karen Schoenbrun James & Kathalee Carter - 9487 SW Inez St 9465 SW Inez St 9443 SW Inez St 7 Tigard, OR 97224 Tigard, OR 97224 Tigard, OR 97224 (oz") -z`73c- f� / William Chen J Ai + Ada r) &rte ` David Smith Lien Huong Pham C rN'rgC/ Wendy Batchelor _Sy k -11 14320 SW 97th Ave 14350 SW 97th Ave 6081 onita Rd #1306 - Tigard, OR 97224 Tigard, OR 97224 ego, O 5 ciska Ste 3Ubilee P — �q d ` D C 9lLL `( (a1�1 Mark & Sharon Pasero // Douglas & Lydia Murphy Philip & Joan Moran 9567 SW Jubilee P1 9502 SW View Terrace St 9471 SW View Terrace St Tigard, OR 97224� Tigard, OR 97224 Tigard, OR 97224 4p90 - 5.3028 as 0 6 P Mark - Andrew Tait Martha Tait Randolph & Janet Warren Ed Herman Kohlman 9480 SW View Terrace St 9534 SW Jubilee P1 / 9558 SW Jubilee P1 Tigard, OR 97224 Tigard, OR 97224 Tigard, OR 97224 Z-14-‘1\ eC ? t Tracie Jo Olson Michael & Carolinn Cox 15870 SW Barrington Ter 14440 SW 97th Ave Tigard, OR 97224 Tigard, OR 97224 For: Richard Whiteman • • Of: Your Next Home By: Dietra L Stivahtis Delmer Ransdell Richard Kluempke E Dorothy Jack Estes E Rosemary 14270 SW 97th Ave 17780 Overlook Cir 9380 SW Mountain View Ln Tigard, OR 97224 Lake Oswego, OR 97034 Tigard, OR 97224 Newell Robert & Karen Morris / John Nagel 9420 SW Mountain View Ln 9300 SW Inez St 9330 SW Inez St Tigard, OR 97224 Tigard, OR 972240.1 Tigard, OR 97224 William Richard Weiller Thomas & Pamela Wolf Suzanne Brian & Sandra Burnett 9360 SW Inez St 9390 SW Inez St 9430 SW Inez St Tigard, OR 97224 Tigard, OR 97224 Tigard, OR 97224 Donald Green Jr. Jeffrey & Cindy Nilsen M Marjorie Katherine Brink -Schab 9425 SW Inez St 9385 SW Inez St 9355 SW Inez St Tigard, OR 97224 Tigard, OR 97224 Tigard, OR 97224 Gordon & Jayne Ferlitsch Raymond & Eda Kalberer Hazel Watson 14435 SW 93rd Ave 14425 SW 93rd Ave 14415 SW 93rd Ave Tigard, OR 97224 Tigard, OR 97224 Tigard, OR 97224 Lynn & Phillip Worth Sam Mallicoat Paul & Barbara McNamee Doris Vangordon 8235 SW Mariners Dr 14420 SW 94th Ct 14430 SW 94th Ct Wilsonville, OR 97070 Tigard, OR 97224 Tigard, OR 97224 Donald Ferguson A Julie Howard & Diana Quandt Janet Marie Blair 14425 SW 94th Ct 14415 SW 94th Ct PO Box 230893 Tigard, OR 97224 Tigard, OR 97224 Tigard, OR 97281 Thomas Magee Alan Peterman Jo Jordan Doreen Dodgen -Magee Stephanie Mitchell 9395 SW View Terrace St 9365 SW View Terrace St 9335 SW View Terrace St Tigard, OR 97224 Tigard, OR 97224 Tigard, OR 97224 Scott Frederick Karla Gray David & Sally Ransdell Kathleen Frederick 14365 SW 93rd Ave 14270 SW 97th Ave 9755 SW Inez St Tigard, OR 97224 Tigard, OR 97224 Tigard, OR 97224 • Nire �'��� 5L66 40.9_; • .0 S 5. ,' 0 I -ier' - 83 • a a 6' tosi 311 $ 00 2 3 M S.I. JUS 1 LEE C s r _ 7�0� 4E. 80.66 t 3' . T RR . b :, ` 6 8 i 00 8000 7900 f 2 G, ,09. 0, T : / ; I 1 r) g 11 9 � m 8 � © 7 ,.- - 3 3.7A 100' 135.48 S 89 sz 100.54 165.83 Q r 6.1.. , 4` �'>i�- ��� °.�r'�►� ".•:` ».sue 30 137.34 to 364.37 9300 1 . I 2 ti 33 89° 51; i6" .2.94C. z 15 9 20 /. 5d / 7�� o+ ? 33.63 /. 8AC. ?..,63.,1340 CM N in O N ic; ,. v (3 ....1 107.05 C'1 / � 4 ^ v 369.37 I -- r�i .. . ♦- 0 f . 60 !04 . a E 67.11 70 i 72.23 i II1AL PT. N69''53 39 N 124 .78 1N 6800 6900 7000 i 7i 7 2. s oo .,OQ ao 7200 0 J, 1 e I / Z � � '�' 2 ` S of 0: G gb ..3544C. �. .s 3$9 5 �� 6 : 4. 1N) N Q 5 670 0 4P • h . ,,o- ! 14.39 4.58 i I i In o f I V ,1 t‘ S ' 32.93 Si.03 7c:.2: o • vi rr l� Q` 45 .00 R; 2233. 1 c ,A• 109. . 73 !0 ' G • a w�l !NE TREET `` . . 4.5 (7.500 S.F. LOTS) , L. Two SINGLE FAMILY NOMES ON IWO TAX I.ATS TYPICAL STREET SECTION SE: SIX SINGLE FAMILY LOTS PRIVATE ROADS i 1. r . p _ _ • - ---1-.... ..........., _...__ L. 1 0 1 1 GENCIM NORM . 1 * - I I. 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INEZ S TREE T lo..-__ • • • ITV TIGARD PRE - APPLICATION CONFERENCE NOTES C fy 9srd, Orogoa l e RESIDENTIAL • DATE F/6/96 STAFF: Mf/ 0%IN APPLICANT: \C1 -V1RD W HIT EMAN AGENT: Phone:) ) -- 711 — i 331 Phone: 1 ) PROPERTY LOCATION: ADDRESS: TAX MAPITAX LOT: ZS/ / /SA - cieoo II)ECESSARY APPLICATION(S): U i I) V 1 O " r-*/! :-=' OZ CA w AOSUSTMEN PROPOSAL DESCRIPTION: 5 LOT so EO\Q1S1ON COMPREHENSIVE PLAN DESIGNATION: l 0(.) ZONING DESIGNATION: q. S CITIZEN INVOLVEMENT FACILITATOR: TEAM AREA: PHONE: 1503) ZONING DISTRICT DIMENSIONAL_ REQUIREMENTS Minimum lot size:75a0sq. ft. Average lot width: 50 ft. Maximum building height: 30 ft. Setbacks: front ZO ft. side S ft. rear /5 ft. corner ' ft. from street. Maximum site coverage: / % Minimum landscaped or natural vegetation area: % (Refer to Code Section 18. 50 ) ADDITIONAL LOT DIMENSIONAL REQUIREMENTS Minimum lot frontage: 25 feet, - - - - - ■ _ 'ts • : :: t ._. .. •• • -- . -- • • .•• • . . • - assess aacament, The depth of all lots shall not exceed 2% times the average width, unless the parcel is Tess than 1% 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 10 Residential Application /Planning Department Section • • • SPECIAL SETBACKS Q • Streets: 30 feet from the centerline of — it TN • Establishe areas: feet from • Lower inten • zones: feet, along the site's boundary. • Flag lot: 10 fo side yard setback. • Zero lot line lots: minimum 10 foot separation between buildings. • Multi- family reside tial 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 Maximum height of 1 ee in -- - -2 :- . a • : - • I • Maximum height of 35 feet in R -7 and R -12 zones. • Maximum height of 45 feet in the R -25 zone. • Maximum height of 60 feet in the R-40 zone. FLAG LOT BUILDING HEIGH OVISIONS Maximum height of 11/2 stories 25 feet, whichever is less in most zones; 2 %2 stories, or 35 feet in R -7, R -12, R -25 or R-40 zones provide at the standards of Code Section 18.98.030(B) are met. ( . IDENTIAL DENSITY CALCULATION (See example belolvi, 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 area(s) 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. Public right -of -way dedication. a. Single- family allocate 20% of gross acres for public facilities. b. Multi- family allocate 15% of gross acres for public facilities. (Refer to Code Section 18.92) EXAMPLE OF RESIDENTIAL DENSITY CALCULATIONS: EXAMPLE: USING A ONE ACRE SITE IN THE R -12 ZONE (3,050 MINIMUM LOT SIZE) WITH NO DEDUCTION FOR SENSITIVE LANDS Single- Family Multi- Family 43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area 8.712 sq. ft. (20 %) for public right -of -way 6.534 sq. ft. (15 %) for public right -of -way NET: 34,848 square feet _ NET: 37,026 square feet 3.050 (minimum lot area) - 3.050 (minimum lot area) = 11.4 Units Per Acre = 12.1 Units Per Acre * The Development Code requires that the net site area exist for the next whole dwelling unit. NO ROUNDING UP IS PERMITTED. CITY OF TIGARD Pre - Application Conference Notes Page 2 of 10 Residential AppricationjPlanning Department Section • • • BLOCKS The erimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right -of -way line ex pt where street location is precluded by natural topography, wetlands or other bodies of water or, pre -exis g development. When block ngths greater than 600 feet are permitted, pedestrian /bikeways shall be provided through the block. (Refer to Code ection 18.164.040) RESIDENTIAL • NSITY TRANSFER The City o ' 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 the density calculations that may be applied to the developable p rtion of the site. (Refer to Code Section 18.92.030). • 1 - - • • t ••:•k • f 1- - • • ' _- for a residential development application to provide a detailed calculation for both e permitted residential density and the requested density transfer. RESIDENTIAL DENSI TRANSITION Regardless of the allowed housing density in a zoning district, any property within 100 feet of a designated establis , -d area shall not be developed at a density greater than 125 percent of the maximum Comprehe ive Plan designation (not zoning) of the adjacent parcel. Transition area applies to any property which 's a designated established area. The subject property is designated as an area. The subject property is adjoined by established /developing /areas to the north, south, east and w- . SUTURE STREET PLAN AND EXTENSION OF STREETS C 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) SIDENTIAL DEVELOPM ► • : _ : • : u EN 'ow All subdivisions and minor partitions are subject to solar access requirements. These requirements state that a minimum of 80% of all Tots created must be oriented for solar accessibility. The basic standard, which determines solar accessibility, requires that 80% of total number of proposed lots: 1. Demonstrate a north -south dimension of at least 90 feet. 2. Demonstrate a front lot line orientation within 30 degrees of a true east -west axis. CITY OF TIGARD Pre - Application Conference Notes Page 3 of 10 Residential AppbcationIPlanning Department Section • • The total or partial exemption of a site from the solar access requirement may be approved for the following reasons: • 1. East, west or north slopes steeper than 20 %. 2. Off -site shade sources (structures, vegetation, topography). . 3. On -site shade sources (vegetation). Adjustments allowing a reduction of the 80% solar lot design requirement may be made for the following reasons: 1. Reduced density or an increased cost of at least five percent due to either: a. East, west or north slope greater than 10 %. b. Significant natural feature. c. Existing road or lotting pattern. d. Public easement or right -of -way. 2. Reduction in important development amenities. 3. Pre- existing shade (vegetation). PLEASE NOTE: Maps and text are required which are sufficient to show that the development complies with the solar design standards, or that specific lots should be exempted or adjusted out. The following items shall be included in the analysis: 1. The north -south lot dimension and front lot line orientation of each proposed lot. 2. Protected solar building lines and relevant building site restrictions, if applicable. 3. For the purpose of identifying trees related to exemption requests, a map showing existing trees which are at least 30 feet tall and over 6 inches diameter at a point 4 feet above grade shall be submitted. This map shall include the following: a. Height. b. Diameter. c. Species. d. A statement declaring that they are to be retained. • 4. Copies of all private restrictions relating to solar access. The design characteristics of a developed solar- oriented lot are high levels of wintertime sun striking the south walls and roofs of the house, house orientation maximizing south window area, and a south - sloping roof area. To achieve this, one may utilize the following: 1. Protected Solar Building Line - The solar building line must: a. Be oriented to within 30 degrees of a true east -west axis. b. Provide a minimum distance of 70 feet from the middle of the lot to the south property line. c. Provide a minimum distance of 45 feet from the northernmost buildable boundary of the subject lot to the north property line. 2. Performance Options - There are two performance options which may be utilized as follows: a. The house to be oriented within 30 degrees of an east -west axis and have at least 80% of the ground floor's south wall protected from shade. b. At least 32% of the glass and 500 square feet of the roof area face south and be protected from shade. CITY OF TIGARD Pro - Application Conference Notes Page 4 of 10 Residential Applcation'Planning Department Section • • PLEASE NOTE: Regardless of the option(s) used through the design of the Subdivision or Minor Land Partition. all one and two family. single - family residences are reviewed through the building permit process for compliance with Solar Balance Point standards. Please contact the .1,. 1i • .•1 • 1- • 1 • 11. '• • • a - • _ :. . - 'o'n s -n. -r. .nd the options that are available related to building height and construction. PARKING AND ACCESS All parking areas and driveways must be paved. • Single famil : Requires 2 off - street •arkin• s•aces •er dwelling unit. • Multiple family: Requires 1.5 parking spaces per unit for 1 bedroom. Requires 2 parking spaces per unit for 1+ bedrooms. Multi- family dwelling units with an 10 required spaces shall provide parking for the use of guests and shall consist of 15°/ a total required parking. (Refer to Code Section 18.106.030) No more than 40% of required ces may be designated and /or dimensioned as compact spaces. Parking stalls shall be dime 'oned as follows: • Standard parking spac imensions: 8 ft. 8 inches X 18 ft. • Compact parking sp a dimensions: 8 ft. X 15 ft. • Handicapped par ng: All parking areas shall provide appropriately located and dimensioned dis led person parking spaces. The minimum number of disabled person . parking spac to be provided, as well as the parking stall dimensions, are mandated by the Ameri s with Disabilities Act (ADA). A handout is available upon request. A handicap ed parking space symbol shall be painted on the parking space surface and an approp ate sign shall be posted. BICYCLE RACKS Bicycle racks are required for ti- family, commercial and industrial developments. Bicycle racks shall be located in areas protecte rom automobile traffic and in convenient locations. Bicycle parking spaces shall be provided on the sis of one space for every fifteen (15) required vehicular parking spaces. Minimum number of accesses: Minimum access width: Maximum access width: Minimum pavement width: REQUIRED WALKWAY LOC ION Within all attached housing xcept two- family dwellings) and multi - family developments, each residential dwelling shall be connected walkway to the vehicular parking area, common open space and recreation facilities. LEAR VISION AR The City requires that clear vision areas be maintained between three and eight feet in height at road /driveway, road /railroad, and road /road intersections. The size of the required clear vision area depends upon the abutting street's functional classification. (Refer to Code Section 18.102) CITY OF TIGARD Pre - Application Conference Notes Page 5 of 10 Residential AppliicationjPlanning Department Section • • BUFFERING AND SCRE ING In order to increase p 'vacy and to either reduce or eliminate adverse noise or visual impacts between adjacent developments, -specially between different land uses, the City requires landscaped buffer areas along certain site perimet_ rs. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied ■ a mixture of deciduous and evergreen trees and shrubs and must also - achieve a balance between - rtical and horizontal plantings. Site obscuring screens or fences may also be required; these are often a visable even if not required by the Code. The required buffer areas may only be occupied by vegetation, ences, utilities, and walkways. Additional information on required buffer area materials and sizes may be • in the Community Development Code. (Refer to Code Chapter 18.100) The required buffer widths which are a plicable to your proposal area are as follows: ft. along north bounda i . ft. along east boundary. ft. along south bounda . ft. along west boundary. In addition, sight obscuring screening is requi -d along �TREET TREE Street 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 parki spaces must be planted in and around all parking areas in order to provide a vegetative canopy ct. Landscaped parking areas shall include special design features which effectively screen the ing lot areas from view. These design features may include the use of landscaped berms, deco Ive walls, and raised planters. For detailed information on design requirements for parking area nd accesses. (Refer to Code Chapters 18.100, 18.106 and 18.108) EE REMOVAL PLAN REQUIREMENTS A tree pan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a development application for a subdivision, major partition, site development review, planned development or conditional use is filed. Protection is preferred over removal where possible. The tree plan shall include the following: Identification of the location, size and species of all existing trees including trees designated as significant by the city; b • Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.150.070.D. according to the following standards: ➢ Retainage of less than 25 percent of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; ➢ Retainage of from 25 to 50 percent of existing trees over 12 inches in caliper requires that two - thirds of the trees to be removed be mitigated according to Section 18.150.070.D; CITY OF TIGARD Pre - Application Conference Notes Page 6 of 10 Residential ApplicationlPlanning Department Section • ➢ Retainage of from 50 to 75 percent of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated according to Section 18.150.070.D; ➢ Retainage of 75 percent or greater of existing trees over 12 inches in caliper requires no mitigation; b Identification of all trees which are proposed to be removed; and b A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. Trees removed within the period of one (1) year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.150.070.D. (Refer to Code Section 18.150.025) MITIGATION Replacement of a tree shall take place according to the following guidelines: ➢ A replacement tree shall be a substantially similar species considering site characteristics. ➢ If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value. ➢ If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula: ➢ The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees. If this number of trees cannot be viably located on the subject property, the Director may require one (1) or more replacement trees to be planted on other property within the city, either public property or, with the consent of the owner, private property. ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. In lieu of tree replacement under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. (Refer to Code Section 18.150.070 (D) SI S Sign permits must be obtained prior to installation of any sign in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for review before the Hearings Officer. CITY OF TIGARD Pre-Application Conference Notes Page 7 of 10 Residential Appliication!Planning Department Section • • SENSITIVE • NDS The Co.. provides regulations for lands which are potentially unsuitable for development due to areas within the 00 -year floodplain, natural drainageways, wetland areas, on slopes in excess of 25 percent, or on unsta le ground. Staff will attempt to preliminarily identify sensitive lands areas at the pre- . application co erence based on available information. HOWEVER, the responsibility to precisely identify en iiv- I.n. -r -- .n. h -'r •• ld.ri- i - r- ••n '• "1 • - .1 r - , -- • • - defini ions of se _i ive I.nd m • - 1 -arl in•i . -d • •I.n • IC - w' , h- d-v- I• •m-n application. (Refer to Code Cha • er 18.84) Chapter 18.84 also provi. -s regulations for the use, protection, or modification of sensitive lands areas. Residential development is •rohibited 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. CODE SECTIONS 18.80 18.98 _ 18.114 4/18.150 _ 18.84 — 18.100 — 18.116 ../18.160 18.88 — 18.88 — 18.102 _ 18.120 18.162 r 18.106 _ 18.130 ---I8.164 18.96 i 18.108 _ 18.134 MPACT STUDY) As a part of the application submittal requirements, applicants are required to include impact study with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. (Refer to Code Chapter 18.32 Section .050) When a condition of approval requires transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. (Refer to Code Chapter 18.32 Section .250) _ . BORHOOD MEETING The applicant s a no I 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. (Refer to the Neighborhood Meeting Handout) CITY OF TIGARD Pre - Application Conference Notes Page 8 of 10 Residential Appliication1Planning Department Section 1 • • • • RECYCLI Applica should contact franchise hauler for review and approval of site servicing compatibility with Pride posal's vehicles. CONTACT PE ON: Lenny Hing with Pride Disposal at (503) 625 -6177. (Refer to Code Se tion 18.116) ADDITIONAL CONCERNS OR COMMENTS: A 4 •4, - s • NIA-x • v4- A-ti.E ._ • (�gvize srleters /PPAovf�0 •/rvtEr • P • S. 5ERvir 4 44ogE 7i/4 N (o /ors Ai/act/AO of i4t, i9 f 4•94NNE,O DE vea P h ieNTS. f7 O 14pp h6474W 1/1/01160 BE R Qvige I (T f-I FIRE Disrricr J=ob emERe.ea Jc y I eH /c /E Tam/ (VAJD. C1 S �C1� \v E. W R (0) ) D�l� 20 v oi Z� ` , �� 3 v - ax w- ? • gi) PADIV6 POP- C_AAPAite.i? 00 Acatess aby - ruo-AgoGLIJD „ X ut. C-PYGS ;(fi;M 'ttAt, C, rMiG. sm ,D MAY 'c. M nr`d I P r-BL =0 ta_. 000-J00- lob -90 CC`Vcd (A iri0tJ fO M' AntaL(.c, ) -ere_ , r airar81,81 ) 800 / G ti k C.R /OSZ--)7r0 m 1 K) v/1171+ 65 (ter wC m , " Lefiz e 2., Wow LO f -uoVc D I r r t cd u . a` kr,tr W I` a PRO � W l ? D�✓It; r`a 9 i t3tNi� 00 APL! «`fiat � yV$O pAv fee_ P,eEss uee ?roc r4 6iti Administrative Staff Review. Public hearing before the Land Use Hearings Officer. 5 tr Public hearing before the Planning Commission. PD Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All applications must be accepted by a Planning Division staff member of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other week days. CITY OF TIGARD Pre - Application Conference Notes Page 9 of 10 Residential Application!Planning Department Section • • 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 GTY CG VAJGi / . A basic flow chart which illustrates the review process is available from the Planning Division upon request. This pre - application conference and the notes of the conference are intended to inform the prospective applicant of the. primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. 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) is /are required if an application(s) is /are 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: 1141 / D ,% ' M4 PLANNING DIVISION Phone: (503) 639 -4171 Fax: (503) 684 -7297 h: Joginlpatty1preapp -r.mst (Engineering section: preapp.eng) July 19, 1996 CITY Of TIGARD Pre-Application Conference Notes Page 10 of 10 Residential ApplicationiPlanning Department Section • 116o) A / it° Cit of Tigard, Oregon PRE- APPLICATION CONFERENCE NOTES ENGINEERING SECTION PUBLIC FACILITIES The purpose of the pre - application conference is to: (1.) Identify applicable Comprehensive Plan policies and ordinance provisions. (2.) To provide City staff an opportunity to comment on specific concerns. (3.) To review the Land Use Application review process with the applicant and to identify who the final decision making authority shall be for the application. The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right -of -way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights -of -way to the ultimate functional street classification right -of- way width as specified by the Community Development Code; or (2.) For the creation of new streets. • Approval of a development application for this site will require right -of -way dedication for: 7r' to feet from centerline. 1211,,.l =a 301 mu& ) to feet from centerline. to feet from centerline. Street improvements: (1.) t � 2 street improvements will be necessary along 4 AVE- (2.) street improvements will be necessary along (3.) Street improvements shall include Z2- feet of pavement from centerline, plus the installation of curb and gutters, storm sewers, underground placement of utili wir s (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. e 14E0 ALe- osze-rits ip vTiu uktes 9I (u c12_ E CITY OF TIGARD Pre-Application Conference Notes l Page 1 of 3 Engineering Department Section . • • In some cases, where street improvements or other necessary public improvements are not currently practical, the street improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non - remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district formed to improve: (1.) (2.) Pedestrianways /bikeways: + Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) e �t inch line which is located ilk - r T� Soto oda-- L--z( 3z- .."( e , . The proposed development must be connected to a public sanitary sewer. - - . - . _ :: - ' - _ - •:' • r.% = ( - TIC Cwtt ?lt:Itt'f 1G OE -- 5 prat] — W146 5i4At -•' L�-Arr u. 1/4 Pa Water Supply: DP � 4/e ►.mt.c.N --) The - T(,PdL4> Water Ii Mt - Phone:(503) .o3.9 -4 pp ovides 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 Bi (503) 526 -2469) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Cs Other i -160 CAYrt -, CR.v 9406 .5144 ` t - _I cLs�. 51cittf pis p9,4� cr\ 9? s 4Pu E AGO ) &A a szra -V y-1 k s To - frva. �Ttt4 efr svre . 'RtAf'ft. s w ca. - "W S. “t1TR® 1A - 41t, APet-U-Al 4t9 $INC(uR-c 4fs�a.l PK4114)71 s toscu h fkiSuc - stat4Pg.pS • 4 CITY OF TIGARD Pre-Application Conference Notes Page 2 of 3 Engineering Department Section • • Storm sewer improvements: be-ISTIN.L7 Unl,. t T Trazav1 -1 usCS s ( � 6 a- 6oa -( " '. • C of ro, hr us S, c c _ 13e- PR-f ✓a -e. STORM WATER QUALITY The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91 -47, as amended by R &O 91 -75) which requires the construction of on -site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in -lieu of constructing an on -site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in -lieu will be offered. If the fee is allowed, it will be based upon the amount of new impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $180.00. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. (91/4-tt -- rzc> tt—f) ,, rr 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. PA1 STREET OPENING PERMIT No work shall be performed 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. PREPARED BY: 8 � - `X ENGINEERING DEP RTMENT Phone: (503) 639 -4171 Fax: (503) 684 -7297 h:Uogin\patty\preapp. eng (Master section: preapp - r.mst) April 23, 1996 CITY OF TIGARD Pre-Application Conference Notes Page 3 of 3 Engineering Department Section 41,,J01 A NOTICE OF DECISION MINOR LAND PARTITION MLP 93 -0010 OLSON - OWNER LANE CASWELL SURVEYOR - APPLICANT APPLICATION: A request for Minor Land Partition approval to divide two parcels of approximately 1.95 acres into three parcels of approximately 15,600, 56,100 and 13,000 square feet each. ZONE: R -4.5 (Residential, 4.5 units per acre). LOCATION: 14380 SW 97th Avenue. (WCTM 2S1 11BA, tax lot 1301) and east of SW 97th Avenue. (WCTM 2S1 11BA, tax lot 1401) APPLICABLE LAW: Community Development Code Chapters 18.50.050, 18.88.040(C)(1), 18.162.040, 18.162.050. DECISION: Notice is hereby given that the Planning Director's designee for the City of Tigard has APPROVED Minor Land Partition 93 -0010 SUBJECT TO CERTAIN CONDITIONS as listed below. SECTION I - CONDITIONS OF APPROVAL: THE FOLLOWING CONDITIONS SHALL BE REQUIRED PRIOR TO RECORDING THE PLAT. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE CHRIS DAVIES, ENGINEERING DIVISION: 1. Applicant shall submit a plan to the Building Division showing the location of all underground private utilities for the existing buildings and the proposed lots. STAFF CONTACT: David Scott, Building Department. 2. Additional right -of -way shall be dedicated to the Public along the SW 97th Avenue frontage to increase the right -of -way to 30 feet from the centerline. 3. An agreement shall be executed by the applicant, on forms provided by the City, which waives the property owner's right to oppose or remonstrate against a future Local Improvement District formed by the City of Tigard to improve SW 97th Avenue. 4. The applicant shall obtain a street opening permit from the Engineering Department prior to doing any work in the public right -of -way or easements. 5. The applicant shall pay the fees as established under the guidelines of Unified Sewerage Agency Resolution and Order No. 91 -47. NOTE: This is a two part fee which is paid at different times. The first part is paid with any associated public improvements which is for that portion of the development which increases the impervious area within the STAFF REPORT MLP 93 -0010 - OLSON - CASWELL PAGE 1 _ df public right -of -way. The second part is paid at Building Permit issuance which is for each individual lot. 6. The applicant shall direct the storm water from the site to an approved public storm sewer system. 7. All parcels shall have a joint access from SW 97th Avenue. A - joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways or may be shown on the plat. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. THE FOLLOWING CONDITION SHALL BE MET PRIOR TO THE ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT FOR ALL CONDITIONS SHALL BE CHRIS DAVIES, ENGINEERING DIVISION: 1. Provide the Engineering Department with a recorded mylar copy of the final survey prior to recording the plat with Washington County. A copy of this recorded plat shall be delivered to the City of Tigard Engineering Department within 30 days after recording. SECTION II - FINDINGS OF FACT: 1. Vicinity Information The subject parcels are located on the east side of SW 97th Avenue, approximately 1000 feet south of SW McDonald Street. Access to the site is provided from SW 97th Avenue. The adjacent properties are zoned R -4.5 (Residential, 4.5 units per acre). 2. Site Information and Proposal Description This site is approximately 84,942 square feet in size. Lots #1 and #3 currently have an existing single family house on each lot. Lot #2 is developed with an accessory structure which is used as a garage, carport and shed. The parcel is flat with some low profile trees. The applicant requests minor land partition approval to divide two parcels of approximately 84,942 square feet into three parcels of approximately 15,600, 56,100 and 13,000 square feet. STAFF REPORT MLP 93 -0010 - OLSON - CASWELL PAGE 2 • . • 3. Agency and NPO comments The Tigard Building Division has reviewed this proposal and has offered the following comments: Applicant shall submit a plan to the Building Division showing the location of all underground private utilities for the existing buildings and the proposed lots. General Telephone & Electronics has reviewed this proposal and has offered the following comments: GTE engineers will need 45 -60 days lead time to start GTE construction. It is the developer's responsibility to contact GTE regarding all telephone specs. Tualatin Valley Fire Department, School District #23J, City of Tigard Operations Division, Tigard Water District and Portland General Electric have reviewed this proposal and have no objection to it. No other comments have been received. SECTION III - FINDINGS AND CONCLUSIONS - Minor Land Partition Section 18.162.040 contains the following general approval criteria for a Minor Land Partition: 1. The proposal conforms with the City's Comprehensive Plan; 2.. The proposed partition complies with all statutory and ordinance requirements and regulations; 3. Adequate public facilities are available to serve the proposal; 4. All proposed lots conform to the size and dimensional - requirements of this title; and 5. All proposed improvements meet City and applicable agency standards (Ord. 89 -06; Ord. 83 -52). The subject parcels conforms with the City's Comprehensive Plan because the parcels are already developed with single - family structures. Therefore, this site is presently not in conflict with the Low Density Residential Comprehensive Plan designation. This proposed partition complies with all statutory and ordinance requirements and regulations as demonstrated both by the analysis presented within this STAFF REPORT MLP 93 -0010 - OLSON - CASWELL PAGE 3 • • administrative decision and by this application and review process. Adequate public facilities are available to serve the proposal. Section 18.50.050 contains the applicable size and dimensional requirements. This partition would create lots which exceed the 7,500 square foot minimum size requirement for lots in the - R -4.5 zone. There is a 50 foot average minimum lot width requirement in this zone. The proposed lots surpass this lot width requirement. As evidenced by the site plan, both existing single family buildings, the detached garage, carport and shed which are to remain on each of the lots comply with applicable zoning setbacks which are: front yard - 20 feet; side yard - 5 feet; rear yard - 15 feet; and 20 feet from the front of the garage to the property line from which access is obtained. The single family building on lot #3 currently has a 10 foot setback south of the side yard property line. Section 18.88.040(C) (Solar Access) states that all newly created lots within the City of Tigard shall promote the use of renewable energy sources by providing for improved access to sunlight for residential dwellings. Due to the configuration of the site, and the existing street orientation of lots #1, #2 and #3, the possibility for orienting the frontage of this lots within 30 degrees of an east -west axis is precluded. The north -south lot dimension of the three lots will be greater than the required 90 foot minimum required by code. Therefore this solar access code base requirement has been satisfied. Section 18.162.050 states that each lot created through the partition process shall front a public right -of -way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. The preliminary partition plat demonstrates that all lots will be served by a 57 foot wide accessway, therefore this code requirement is satisfied. Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) have been addressed and are satisfied as specified below: 1. Streets: The site is located on the east side of SW 97th Avenue, south of SW McDonald. SW 97th is classified as a Major Collector. SW 97th Ave., along the frontage of the site, has 25 feet of right -of -way and does not meet the minimum City standards for a Major Collector. Section 18.164.030A.1.c.v of the Community Development Code allows the Director to accept a future improvement guarantee in lieu of street improvements if: STAFF REPORT MLP 93 -0010 - OLSON - CASWELL PAGE 4 the improvement is associated with an approved land partition on property zoned residential and the proposed land partition does not create any new streets. This application meets the above criteria. Therefore, based upon the information provided the applicant should be required to sign a non - remonstrance agreement for the future improvements to SW 97th Avenue. Section 18.108.060 of the Community Development Code sets criteria for Inadequate or hazardous access. In general the code discourages direct individual access to arterial or collector streets. Specifically, direct access to major collector or arterial streets shall only be considered if their is no alternative way to access the site. Since SW 97th is a collector direct access for the existing homes should be a joint access. 2. Sanitary Sewer: Currently there is an 8 inch public sanitary sewer line located at the east edge of the proposed development. The applicant has two options due to the re- development potential of the largest lot. The first option is to run private laterals for the new lots, with appropriate easements, to the public line, this may necessitate removal at a later date due the development potential; or extend a public line along the north boundary of the site for this and future development. 3. Storm Sewer: The site slopes towards the northeast. The applicant should be required to provide positive drainage of the newly created lots to the public storm sewer system located between lots 7 and 8 of the Jubilee Place Subdivision.• 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. Requiring surface water quality facilities on small sites would result in numerous facilities that would become a maintenance burden to the City. Furthermore, the applicant has not proposed any such facilities and there are no natural depressions or other areas of this site that are particularly suitable for water quality facilities. Regional facilities, funded by fees in -lieu of construction of these facilities, would provide the required treatment with improved reliability and less maintenance. Therefore the applicant should be required to pay the fee in -lieu of constructing an on -site facility. STAFF REPORT MLP 93 -0010 - OLSON - CASWELL PAGE 5 • e ar . _ , SECTION IV - DECISION The Planning Division hereby APPROVES Minor Land Partition MLP 93 -0010 subject to the conditions listed in Section I at the beginning of this decision. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. 1. Notice: Notice was posted at City Hall and mailed to: XX The applicant and owners XX Owners of record within the required distance XX The affected Neighborhood Planning Organization XX Affected government agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON Alusi' 0,1 UNLESS AN APPEAL IS FILED. 3. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code which provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for filing of an appeal is 3:30 p.m. 4,41A4 r 1. 13. 4. Questions: If you have questions, please call City of Tigard Planning Department, City of Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. • g a ll1 1 Prepared by: VOW � �� 1 7 - 2- — �3 Victor Adonri Date Assistant Planner ` (--7) r Approved by: i ) c k Bewersdorff;/, Date Senior Planner 1 STAFF REPORT MLP 93 -0010 - OLSON - CASWELL PAGE 6 t . 1 ' r 0 $ 0 • '' (3) 03 1 1. 4 ..... 2C ' 134 45 # tttt4 CO 344. .744 I i t • I , ' t ' .4%' 4 • • • ' - - 0 , -" \, 0 • =0 n 5.0n ? ..1. 0.3 F F . . . .... .. ... .. .......93•955 " •5 ; i # P4.44 • : • . 1 (t). 1 0 7 0 r e ......, cr 1 i_ , •i... . . .....A . - . w r .......:229:2..t. , „....„, e 2,,, • [ • .... 2 ,....,. 0 4 i 47 A 7 1 4 340'0 0 e r:i ,13'05 550 I o 0 i 0 F ....3 . iF...Y....F.F.0.3) .0 F'° 001 FFF....-FF 0,. , ., , ,• . „..,,,,,- • .., 2 2:22. :0 :22 :2„ 2.......:: ....- 2, ‘e, ire 2_22 22 2, 2 2,, e 1 : .44 .0 8 1.41 ... - : .1 ...,' r..;`..... c s .,, , f -.., • 5, 9 ern ..........N„ 0.(... 0 1„ n r - 4- 1 .. -t -J ‘-•:•r= - - `s - - 7---.....-z.r.r r 7 • ° 1.• . 0 -- i I. :47 :e 9 / I 3 3 7 00 V 0 -r. n "'" i - 9 ..! - 44:, - ) i ' - ''..-- -i- • ./. 1 ' \-/ i i : ' 9 < 0. bk.... ,...) + ci, I ......, ...... - .... t. fi 7 • 7 •: :: - . i •,. i ree ,..., ,...?: . .... .1 1 . . , ere - - \ : ___ I '.- ... :•• • • ••• •••• • ••••••• 1 3 5`:‹ ##% '#).), • • • L if l ) ' # 551 0 .50 51' \ 513004.44,, 4 I 4 . .0 . 1 / 0 .01 2 .'......; ..., it A, 18 • • .. ... i . . ..... •3 5 000 5. i i 0. 1 I 2 - /c,•,, , ..) ‘ c.) , i ,• 4 •: . . . .:..... . r...... „,...... 8 0 0,0 I 4. 41 r''' .•,-, e .• . ......f: 1- i .'-.•-•., ' - 1..s. - 4 f! \ ••-•- . 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'J'...:41.1t. :. t t,.■ A: ,....,t,f41/14. .t.., ,O.:, t AV, ....., _ ,. . ■ 4 1 • Washington County INDIVIDUAL- GENERAL PARTNERSHIP PERMANENT SANITARY SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS THAT Jnmes J. Stanley & Arlene L. Stanley hereinafter called the Grantors, in consideration for the sum of NO 'dollars ($0.00 ) from the City of Tigard, hereinafter called Grantee, grant and convey unto the City of Tigard a perpetual easement for constructing, reconstructing, operating, maintaining, inspecting and repairing of an underground sewer line and appurtenances, together with the right to remove, as necessary, vegetation, Foliage, treca and other obstructions on the following described parcel of land, situated in the City of Tigard, Washington County, State of Oregon: SEE EXHIBIT "A" IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest except those expressly stated in thin easement, nor otherwise prevent Grantors from the full use and dominion thereover; provided, however, that such use shall not interfere with the uses and purposes of the intent of the easement. IN CONSIDERATION of the premises, Grantee aRrecs thnt if said Grantee, its successors or assigns should cnuse said easement to be vacated, the rights 'of the Grantee in the above - described easement will be forfeited and shall immediately revert to the Grantors, their successors and nsnigns in the case of such event. TO 'HAVE AND TO HOLD) the above - described and granted premises unto said Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the grantor(a) has (have) hereunto set li.[s (her) (their) hand(s) and seal(s) this 21 day of M A-r 1921' • . (SEAL) (SEAL) (SEAL) (SEAL), • STATE OF OREGON ) ) es. County of Washington ) BE IT REMEMBERED, that on this '2/ day of May , 19 9'/ , before me, the undersigned Notary P•.lic in and for the State of Oregon, personally appeared the within -named Janes J. SLanley & Arlene L. Stanley who is (are) known to me to be the identical indivtdual(s) described in and who executed the within instrument and acknowledged to me that he (shg)..Cthey) executed the same freely and voluntarily. ���,•''...In . •� �` ''�.,,,, `.' . .,..., •. :% IN TESTIMONY WIIEREOF, I have hereunto set my hand and seal 4 d'a "° 40 2,. 0 14,4-- 6 =7 • . r rim t ary Public For Oregon . �;'•. (NOTARIAL SEAL) •y Commission Expires: • ,,7 ` "lI..,,,,.uo Approved as to legal description this 22 - day of 1. A‘‘‘' , 199( . By: "---� Title: �� Q ar ��1 - ' Approved this 41- day of filt2V , 19_• 1 Er IN @.IZ"f OF i'Y�d�R� GRANTOR'S NAME /ADDRESS DEPARTMEN F James J. & Arlene L. Stanley B y; ��L,,"���„��� ✓����,�� 14415 S.W. 94th Court Title: 6, P/2%?eep, Tigard, OR 97223 (28122) RELVEGI RECORDED DOCUMENT TO: . CITY RECORDER, TIGARD PO 130X 23397 TIGARD OR 97223 t Y • `'� . EXHIBIT "A" - - i L - E - G - A - L D - E - S - C- R- I- P- T- I- O- N _ STANLEY SANITARY SEWER EASEMENT A tract of land in the northwest 1/4 of the northeast 1/4 of S?ction 11. T-2S, R-1W, W.M., City of Tigard, ga.d, Washington County, Oregon and beir_E • portion of Lot 32, Penrose Terrace, a subdivision of record in Washington County, and being more particularly described as follows: • Beginning at the northwest corner of said Lot 32 thence S 89 °48.00" g • 15.00 feet along the north line of said Lot 32 which is also the south right -of -way line of S.W. View Terrace; thence S 00 . 4 0 " E 21.65 f ° et parallel with the west line of said Lot 32; thence S 89 ° 42 . 20~ W 5.00 feet; thence S 00 E 46.79 feet; thence S 89 ° 2'20" W 10.00 to a point on the west line of said Lot 32; thence N 00 °17'40" W 68.57 i feet to the point of beginning. i 9/17/90 stanesmt • • • • • _ .:i; _�_ ' ;..::w .J i- , '. a'S. ...= ..L. '•.„p".: ..we =: ,^ .-- . _ • .s.• - ` ,p - 0-ta = h t .sz+C t s•.`_'X. i?.<M Y_,. .. _ -..• .-- 0 .. • : •.. , _-_,...: , •,;•,,..,w.,...3r, - ••-1,Z.,, = - • '-',rt4- ird-3--'--- - -..-','.-itjir.!•-!'.--,.....-1'-,f,w.2 .. , . 0 11 • -.. , . ' :.,'",:•: •r --A - -.4‘..-.; , • ,... , -:. ' - ' • . ,• ' , _ ' . - .r.•-;-- •=‘, : . - ... - - - .-.•• - - -,,. kal,trz. ---; .., .4, "...-. Z-n• ---- ' ' - .....j.....-L.,'-i.e.,,-t '',,--- - •-• ' • - - " ig -, & ;-- ' ' • . STANLEY S EWER EASEMENT -:_t. _.--._.4,-,-- - .......• . _ • . :-.•=-‘1 E x 1 I 8 I T ' "A " 5fETCH • .. • .....-.[ ...,).--.z. - • n-,..;: • ... -,:-. • _ - - % 1•'.'i ! . • '- - ,- - ..,•-:-.- Ac.•:;.-. ... ,... _ — - . , - ... • S W - • . V / E W T E - IR R A C E . ... .,...: . , ,..,-.... . t .. , . _ . . - . i... • if 1 .4" c/5•00 i - : ■ . I , . • . / ( 11' II .-..*." .. ■ / 1 ; 1 ...-. .3 r., 1 I • ,-- . :-.\-6 /7'40 -- 21.(,5' ..-.-.. . .... 1. i 4413 p 7-t- f■- 471 0 2".... 2 i4/ 5-00 til iT IT t S 20% W w 11 54 cn • I •„... i --... rs. (••• 'r1 rt■ - • , ..... ,,,0 tri ' • 5. 00 ' . • • ... • _ . % .,.... N ( • . • ...- 1.,-- " -- . 5 ..i .. X I i-- : =". I °N ! . i 1 cr) 1 111 5 CAL LOT 2 = : l c-) .... N. .c. .L., • I 1 .. / : I • . ,..- - .. .. 1 . . 11..... : - .---.. . i - ....• • 20 V c --, - •-) •-'5 '7 1 - w , ( STATE OF OREGON 10.00' County of Washington ) SS i •• L Jerry R. Hanson,Director of Assessment and Taxation ancCF-C-Ofiicio of Con- " , N.' veyances for.satdcauntictexHaeretiysertify that . . •.,...--• the within inetrumint:oftwriting-wat_received .../ . and recorded in-liook otrecOrdsoTsaiecounty. .-. .. . • - - • • . . -: Jerry ..R. Hanson. Ojredor of .. _ -- - 4. - Assessment. and .Taiatign. Ex e's . % is.... A ':'• • • • . .......:::„ ‘.. "..,'- •.■. .' . ' • .. -'...... : ■ ... .3. . __.... . . . - -. ..- ..t , • L 0 T 3 1 - • .. • ,..... ,..... .. • ' Doc : 91028270 . _ 7 . ■...3 . . . - Rect. 55376 - ' 23.00 ,,,,.......... — ,.. . .05/31/1991 0 3:06:47PM ' s Tif.i.::. - 7:.5.2z: - ...:._ - .' **. . -* --- - - • : _ -- :, - --;:z - r.-:-; .2 7 t. ■- 7 :7 - - -. - .. -, 7 . ' - ...., . , ... . . - - ...., , .. . ... . _ . - • PX / S i / /(6 5. 5, Li Ale: r . ....- `\\, , __ c.,,, • ._ R\ L'� D Wei ITEY4 ...T.L.1) . \ y0uR N xT uoMF 781 -L{33I i • i . - _ ........_ E ....„ 4 ......„, • _5,,„ ......... _ _ T E R , • , / , . e7151 W S .sro R 1‘219P ; L21 /j op, Ui c: i.....(- ______,,,N, 1• SDE.•t- gr fps SD`�SSc _ gD 6� 9 2 OD , e ki\i d- h >. - WS - . " .. 1 0 \ j D7 LINr �� Q` l Q. A DJ, . . z 3 Al S IAA G. rf; cv s At ' PRIVATE RD. 31 - , , 6, - 1.14 3 a TRACT . ® V `t Gti ,. 76 / ,, ‘ _.......1 . .. 1 1 WASH INGTON COUNTY, CITY '''''TI OR .GO: ..... ''. _ . ; -= � - -- _ - __.. �._. . SCALE 1" - 100' .'' JUNE 1971 71 . ti % - tli SURVEYOR'S CERTIFICATE o ,k �V .5/a /m' o/' Ore a/7 $ �4 Corr o!' K/ashinq /on / F C • / ysrbsi -/ A . Mohr, 7Q'e�9i s /'red Pro/;ssioiro/ En9ii, C n l ., 0 „ , - 4s the S /ate o/' Ors9on, ifer cars {if /has dicrin ✓uni, 0 SL 0 y 9 /,97/, / scc ura /e /y sccrvayao; scsba/'vidaa I ' /a /Asd i .s /o _ /o . and s /ire /s the /Qesv .s.4,744//7 c7.7 t!0 of /ached1, /s1 of y � e _ 1 . PE 4 TERRACE, /hr 6ounoiery a/' which is dtscri6ec/ tl 'IN.` \� - S W /Yl v vntairz L'iew� Lane 0( a.9 /o // w$ : b Ni V 0 9 - - - �c9iis/sirsy a/ /h6 /ni // / Roin a 2''x 3( "ya /v¢r it PCB/ iron p,€z ti $31.,--i- ; • -' •� 0 .y � .s 77 GO. /G 70.00 4 driven ~ ba /oK/ //is' .sccrfaco o/ f�a ground al 'h€ No�/rrvss/ o Ga• or'Z of .53 al' s u6-d 'vision wh/i -,4 6•ars 5 89 L /ts/ �o/7s /fir �OL�> eaST .51.39 37203 //93. ZZ Are/ 4 .5. 00'70:30' B/O.90 0 - - - l - _ °�' °� 3 •3 n � 2 N o 1 0 1 V 4-0,770, P/ G eory ,ekhardson D L. C. �t/o 38, said 30M / a /so 7. �t oo ; " 7s• oo 7.x 0/ q ioe. ��, �_$^! '� �p ' o g y y piny //7s /rsi //a/ .4: ale E /rose 'Terrace, a/o/a/ of' ~carol ; :; w ; % $ $apt " ti ' s d 4 g ! � 2 ` o » W'7i%»79for7 Ca�crr Or y e9or, urrr7in9 /ha■scs a /on9 Me lit ►, h w % . , 37 '1 N o O h 0 .Saks>1/isr/y /i.,s vesa/o /Toss f• r srr¢Gs 5849'48E7 977.03 /ce/ 0 33 ' 0 3 4 •• v ► 3rj o N e t /,o. 00 70. o 70.00 Ili a i/7 f s fis �►Gt �(/. 0 'O • K/ / S, 4 a/ to a in/ a/ fhe ` % Al 1 , Z, s r h r //O oo Ga 001 ao oq /o , 2 .0. t . I S.Q E. S 1 i. �. d940E. beg / " / iry of a ecrrvr; 1/4e.74-e- a /on Mr arc �a (.56 00 / o y� 7,300 73.00 �(!X, raaikus carve /o /fie Rit1+t //4. c4or•Oof which beors -1 O fO E. 4.4 - t ‘i 01. 03 N r k p 4 4,`, 5 3 ' 6 J i t carve• / ' 40-0(v 7�ill /) 44 OT "es/ /o a• �Oi.,/ a/ Me 6s9/i nin9 o/'a . + _ ,� .0 es� se w /7024 O s � 0 0 r p ^ . h. ■ 1r 0 iii N f,si7ce cor► / //7ce i»9 a/ony /49 5oall-Aisi_/y /am. of soi / (h ! a / /o. c • ' s az * ss c 1 ti M o E/i 's.- Tsreaco arrsd`saia /ins a/so brig 44.7.57 44.7.57 thy- arc of z (n t► ' W ' ter 1 Z 7 e I rs~�.IA r 7: . l 4300 $ 9S• .34,, . c -"app.' sa 4 1 4assews..1 ._ 2Q00 moo/ rad4rs curve /o /iris r-i9h/ e/ Ar /o. chvrq/o/ ;w /C:4 ss - r te© -�E�7 ,' • 1 J a/'s A/ 55'S6 20'' 3.2.24 /sa /) 3 7.49 // /o a /747;"7/. f/i••/ce F h sing .4 -ro e ® s � i c,� � L ,�_, sap,' a/oi, 744,:r arc or a / / 255.78 Foe/ ra d,cs c evr /o /ha /ef7 (' 0: 0 32 7 ^ v ` Am" o N '$ \ � ® ,�/- e • � " �' • 1 S U1� �/ I E W Amy" 9 APra ' i e icr7 6.rars .5 78'// EE .9495 first) .9.5 4/ /ae / io .J 0 0 !, R 28 $ LL! v 4 '0 s> E RAC E - Q pa /$7' ,4 4''3ee coo. /iixsiny a /ogy soi�SociMer/ //: //: .589 27 •' 1 A f Jt l` er- • L h > 0 s 6.a 9 � , ates� 41 V T �, Gt / 6a/ 6a/ 7 //se .t/or1! wcs/ carne' o!' Mai /oc / of"/an ,v ru �l. 27 7 < 1 i ,,� 73A� rd /o ✓ac k Crave/ 6 o'eeo� r-scordid in Ba�ol� w3 /, s7 r . < 1 rr �� �' O o 9 $ „ �' • kp i cvnvsy y o � i �. 4V w ►. �6 284, Washa79A7 Coar7fy Osa� Rtco� is /Agnce ..1 OO ; V. I , ('.. � 1 � ^ t 8 ' ^ 7 K W ' � ` die W es /ir/ ///74- of sa �o/Cro/� tr-ac /Q ',dPv//r"lar Te /race k a 31 , 4 • 2 o = 9 et 0 M I M ,,, e9'se w % $ p 0 _, t � a : Q y s �9 v 0 /oo. oo NI .. i II z. a a /pri s 7 41 of rscorq it said cocce, /y, 6 724' ,er /o /fie .. ee K R, 0 30 Q 2 6 '_4i ' , "i' } d corner• of o/' saia Psa/,7ar Tarracs. /f,rnc r 4 B 5(40 W It 1 t 1 I \ 0 • in ,� Tsrracc and Lo /s 44, 4/ - � 7 03 •w i � ti 10 % o ' •u. e9 aB w. ,u a9 04401 - 2 4 -. ° j ..'t s a /og /(/or //irr /y /rises of P a broo "ss ii >• os .�s.ss /04.. 44._ _ � 75.99 7100 'r . III co vis , a r.,d 40 0/' Ti yardv� %/e L/r< ,4/ , /a /,s o ri cors/ / i s sa 7� ao �7r1d Iaoo Bo c+v ` ' .uo9 ie "w 3 .- , y 627.97 jif /o /h/44 /t/or /4 / co s yr o/'so/a/ L S 6O N , i� -� .� r 1 \ 1 : . re r nts ,<t '/T 40 a/or/ /fi Ea s/ / her - o /' L o 37 aiso/ /� as pQ q y e . � � .a s w A 0 ' X 0 1 3 94 II i z .30 f "soia/ Ti' ro' ✓i //e .Yes' /ids /a /. (v7.9 45 mar / /o Me- Me- �n /ace 22. C 23 $ 0 24 $ 2 - 0 I ° 11 � 12 $ k .. ' i• - S e ir7nin . C a / /sir C =S3 access, snore o /ess . 4 ` $ +� $ z € t rho/ /fss a / /aciisd a is a /i-ccs acrd c o•-rac / rc rssei Mfgg /ior/ - `� -: ` 41. i/ s /a.(ri c tfie r w�•_ . 417 741/ 494200 494200 �aoo _ zs z5 . 00 00 7s 99 7soo i 111 i .'E. f >< /o/ �d ra f os 9 a !. „ s f' '„/ /mss " v c z� : AAA 9s -.)f i SAi " sr 30 /roar rods ar/ o// /o/ c'ori7ers o ,oa s „7 , ,i'= -- - . - _ _ 'A O •/he�• .7o /ca! a S.W. I NEZ 444120 STRTf T _ Co. • c. .3 t' 114 ,,,, / yaw _ As$0 74•4• Ass? -- vd•F. 0 � T Aar.% / xsav 7000 �'6 I , Ss46.sciibe / o/7d iiv 'ry /o bofsre rn s s�his.j2 oay oc ✓ /, r< / 0 . � 0 0 6 F, I tit 4 4 4- r� 20 A o , 19 18 0 c 17 0 0 16 5 0 14 7‘ .1/0/a �sb/.c o/ /40' .S /as of Oroyor/ Cr) $ g $ $ ' 4 ,___ , 7434 Yal0 7I*S0 7a.s0 7.9.SO 7130 730 70.50 , __ . �y cays7/,7i.�;0., ex _ �� /'� /..., / p . - ao 1 _ i 1 1 b�i .'��I � 11••1••:•. . 1...1�. �. . • .• � •• •�• � �� � � � � * O . " A Y AND STREET CURVE DATA • 4 44 2223 -. : NOU D j? _ .. L arva Na / nerve No- Z Coirvs q/or• 3 C i#'v ' Ala 4f 5 Cures A/o. 6. CCrvo •vo. 7 f8 Lot / Z .4 a?E „ r . - - -o- - . _ 7P. - A. , a ( • ° al /B 4 =00'42 4 . 37'22' 4sQZ'2.3'30' 4 .2 ., . - -- ....._ _ _ _ -_ 2 - •L yrx..c i�o:.mursuwmycn : .6, \R : . q ■A'.-P a . -- - 3 \4 I.P NARRATIVE • IN FND MON. B OX . HELD 25' 25' THE PURPOSE OF THIS SURVEY IS TO PAR11TION INTO 3 PARCELS THOSE TRACTS OF LAND DESCRIBED IN CONVEYANCES TO TRACIE JO OLSON BY DEED RECORDED UNDER DOCUMENTS NO. 8 8- 38266, NO. 91071813, NO. 9 2069304 AND NO. 9 3042930. 1 THE BASIS OF BEARING IS THE NORTH BOUNDARY OF "BUTLER TERRACE" THE NORTH BOUNDARY WAS ESTABUSHED BY HOLDING FOUND MONUMENTS SET IN SURVEY S.N. 24,279 AND FOUND MONUMENTS ON UNE SET IN THE PLAT OF "JUBILEE PLACE ". THE EAST BOUNDARY WAS ESTABLISHED BY HOLDING A LINE THROUGH A 1 FOUND MONUMENT SET IN SURVEY C.S. 24,279 AND A FOUND MONUMENT BEING THE NORTHEAST CORNER OF BUTLER TERRACE". ^ THE SOUTH BOUNDARY WAS ESTABLISHED BY HOLDING FOUND MONUMENTS ON THE NORTH BOUNDARY OF "BUTLER TERRACE ". °D "BUTLER TERRACE" WAS HELD AS EAST UNE THE ELL, WEST LINE DE OF DISTANCE SOUTH ■ FROM THE NW CORNER OF BUTLERNTERRACE". DE DEEDED THE SOUTH DED °I DOING LINE OF PARCEL 3 WAS THIS THE MONUMENTEON THEYEASTEERLY THE - EED ANGLE (93- 42930), • cif a° Y NO. 18,970 WAS FOUND TO BE ON UNE. 0 -W OF 97TH AVENUE SET IN d THE WEST BOUNDARY UNE HELD TO BE 25 FEET EAST OF THE CENTERUNE OF v S.W. 97TH AVENUE AS ESTABUSHED BY HOLDING FOUND MONUMENTS AS NOTED AND SHOWN ON THE RECORDED ROAD PLAT OF COUNTY ROAD NO. 1982. N 00 a> 'T i LY CU 1.1.1 NOTE ACCESS TO S.W. 97 TH. AVENUE FOR ALL PARCELS SHALL BE APPROVED Z LLJ BY THE CITY OF TIGARD CITY ENGINEER. I cr JUBILEE PLACE ., 15' PUBLIC STORM DRAIN 3 2 EASEMENT PER "JUBILEE PLAcPLACE" a i--• -- SRI 11 a i a _ i c MARKE6 1 '" ' W /YPC " 8 H I <FND'. _ SET IN S.N. 24 279 808 I 7 '`��� I HELD 5/8" I.R. W /YpC • ° I 1 I MARKED "WAKER ASSOCIATES, INC" 1 N � � N 89'56'16" E 506.71' 507.70' 4 SET IN PLAT BK. 84 PG. 45 • 235.50' 35.46' 3 ( )() (506.81 )(5) ON LINE I 137:34 _ ►• 100.55' 100.54' 3 5.00' 165.66' 165.83' 3 -- :..N / ND. 5/8" I.R. W�YpC _ MARKED "INLMC LS 808 � � 0 24,279 "E 5426 369_08' ` 1 � SET IN S.N. 24 � HELD 5 �OO'03'44 ND. 5/8" I.R. W /YPC 364.37' --7� _ °D . SET IN "WAKER ASSOCIATES, INC" / ^' SET IN "JUBILEE PLACE" 20' STORM DRAINAGE AND SANITARY •°^ o 0 12,566 SQ. FT. a 9'56'16 "W ON LINE 0 �> _ Z 33.63' SEWER EASEMENT FOR o r� ui INITIAL' POINT 2 THE BENEFIT OF PARCEL 1 AND 2 N y ""5' RIGHT V d FND 2" I.P. 55,807 SQ.FT. DEDICATION SET IN "BUTLER TERRACE" " 0) t HELD t S 89'56'16 W 107.05' �E FND. 5/8" I.R. W Yp FND. 5/8" IR. W�C LS 990" BUTLER TERRACE" 0 �' " MARKED / MARKEb "TE ENG p P ° p 30' INGRESS, EGRESS CARLLE PLS 921" SET IN PLAT • SET IN S.N. 18 970 ON UNE o ,o..: - EASEMENT FOR S 52 E ' ") THE BENEFIT OF`y 2.45' FROM CORNER 0 25' I. PARCELS 1 AND 3 \ —_ _ S 89'53'39" W /BASIS OF BEARINGS N -�� (60.00 100.37 369.37' (369.34')(2 d r� 8 1 (100.37')(2) 136.77' -' 72.19 ` ��' (137.11')(2) (72.23')(2) FND. 5/8" I.R. W /YPC FND. 5/8 - •• - 5' RIGHT 89'56'16 ;' W 124,78: f ® .8=4:f FND. MARKED 5/ "TECH ENG PLS 990" I MARKED I.R. W /YpC ~ DEDICATION F - WAY 3 • c i 0 SET IN "BUTLER TERRACE ED TECH ENG PLS 990" \ON LINE °°� 1 SET IN "BUTLER TERRACE" ____y 15,054 SQ.FT. � ` ON LINE � ' I I M. I 2.i.1. , , ` __� 1 FND. 5 8" I.R. \ 3 4 FND 5 \8" I.R. N / I N /YPC 1 5 6 MARKE "TECH ENG PLS 990" SET IN S.N. 18,970 SET IN "BUTLER TERRACE I I 1, HELD 3 - ON LINE I • S ..� 09'33'58" E W v I I 6.20' �� ^ 2 FNDS \8 "I.R. ° o B U T L E R T E R R A C E 8 S IN S.N. 18,970 pp � - __so? ao 1 A FND 5 \8" I.R. Z 0 o01 ° FND 5 \8" I.R. NO CAP ,r ' ---4.- / SET IN S.N. 18,970 N v SET IN C.S. 18,970 1 ': . 89• 109.73' 10.0•' S2' ON LINE 53 18 W 124.74 N '� :ci (124.39')(6) ° / r FND 5 \8" I.R. SET IN S.N. 18,970 ON LINE N -S FND. 5/8" I.R. W /YPC EAST 0.38' SET MARKED IN "BUTLER ER 25' , E -W I RADIUS IM113_ 477.46 _� CHORD rZ 9 a.79 - -- 94.71 • 20' RADIUS - TRAVERSE EXTENSION MAY BE PLACED ON EITHER SIDE OF THE ROADWAY • e s• 20' RADIUS • RIGHT OF WAY UNE i // L/ " b ; \ \ "I‘ll\i'f . ON N NOTES: 1. ANY VARIATION FROM THIS DESIGN _ OR USE OF THIS TURNAROUND AT • ANY SPECIFIC SITE MUST BE — " APPROVED BY - THE ENGINEER. 2. APPROPRIATE SIGNING SHALL BE III ! • A .441. li City of Tigard, Oregon AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) 1, Patricia L Lunsford, being first duly swom/affirm, on oath depose and say: that I am an Administrative Specialist II for The City of Tigard, Oregon. l That I served NOTICE OF (AMENDED 0) PUBLIC HEARING FOR: //g7-111 (Cheat aos mow. • aooruer) apprco ate box wow) (Enter Punic Heanng Date above) O City of Tigard Planning Director ❑/ Tigard Planning Commission �f Tigard Hearings Officer ❑ Tigard City Council ❑ That I served NOTICE OF (AMENDED 0) DECISION FOR: (aaake.... ,na City of Tigard Planning Director ❑ That 1 served NOTICE OF (AMENDED 0) FINAL ORDER FOR: I (Cheek Uaa aban r ' ' ) (a+ea aDOhePnate bat beicv4 ❑ City of Tigard Planning Director ❑ Tigard Planning Commission O Tigard Hearings Officer ❑ Tigard City Council ❑ That I served OTHER NOTICE OF FOR: l A copy of the PUBLIC HEARING NOTICEINOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE(S) of which is attached, marked Exhibit "A ", was mailed to e- . r;- ed person(s) at the address(s) shown on the attac' ed I st(s), marked Exh it "B" ...9. the • - 0 t _ 199 , and deposited in t e U ted States k h - iI o. i e ib day of . _ _, 199 , postage prepaid. P 'red Notice ff� 2 Subscribed and sworn/affirmed before me on the / day of �! _ ` tt, , 1 • q. OFFICIAL SEAL la of I ` DIANE M JE �/ j? / NO TARY PUBLIC OR482 COMMISSION NO. ( MY COMMISSION EXPIRES SEPTEMBER 0� t999 NO ARY PUB a F OREGON My Commissio , ' pires: i FILE INPO.: w �/ , — E(s):showil 1 / ev` /• ASENO.(s): 5u, q6_61969/4,1 /5 t9�D ,2W e,0 ao i YPE OF `OTICE & DATE • • EXHIBIT A CITY OF TIGARD Community `Development Shaping ft 03etter Cow PUBLIC NEARING NOTICE 1 NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, JANUARY 27. 1997 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO(S).: SUBDIVISION (SUB) 96 -0007 LOT LINE ADJUSTMENT (MIS) 96 -0027 VARIANCE (VAR) 96 -0015 FILE TITLE: SHANNON MEADOWS SUBDIVISION APPLICANT: Richard Whiteman OWNER: Ted Olson PO Box 2065 3500 SW Trail Road Lake Oswego, OR 97035 Tualatin, OR 97062 REQUEST > A request for the following development applications: 1.) Lot Line Adjustment request to adjust three (3) parcels of approximately 12,632, 55,756, and 15,246 square feet into three (3) lots of approximately 15,109, 50,136, and 18,389 square feet; and 2.) Subdivision preliminary plat approval to divide the parcel of approximately 50,136 square feet into five (5) Tots ranging between 7,503 to 15,109 square feet; and 3.) Variance request for approval of the following: (1.) to allow a cul-de -sac length of 440 feet, whereas, the code states that the maximum length of a cul-de -sac shall be 400 feet in length; and (2.) to allow a reduction to the required rear -yard setback of an existing dwelling; and (3.) to allow a private driveway to serve greater than six (6) lots. LOCATION: South of SW McDonald Street, north of SW Murdock Street, and on the east side of SW 97th Avenue. WCTM 2S111 BA, Tax Lots 09100, 09200 and 09300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.80, 18.100, 18.102, 18.106, 18.108, 18.134, 18.150, 18.160, 18.162, and 18.164. ZONE: R-4.5; Residential, 4.5 units per acre. The purpose of the R-4.5 zone is to allow single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. SUB 96-0007/MIS 96 -0027 SHANNON MEADOWS SUBDIVISION NOTICE OF 127197 H.O. PUBLIC HEARING t4u ASSISTIVE LISTENING DEVICES A(OVAILABLE FOR PERSONS WITH IM ED 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 (TDQ - 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 JANUARY 6. 1997, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE 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 ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE -NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE " CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25C) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT (503) 639 -4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. T - PARE L ?? iB�mt6i � , W M I i! f ^F-7 I Ems s SUB 96-0007/MIS 960027 SHANNON MEADOWS SUBDIVISION NOTICE OF 1127197 H.O. PUBLIC HEARING I __ 51,to R &--04 3t W -N10i 146ADoiA) $ (p . to f 3 ) • • E XHIBIT 2S111BA -06700 2S111AB -08800 BERG, DANIEL N /DORIS A BLAIR, JANET MARIE POSTFRACH 109 PO BOX 230893 q,201 SCHAFFHAUSEN TIGARD,OR 97281 SWITZERLAND, 2S111AB -07900 2S111AB -07600 BRINK - SCHAB, KATHERINE R BURNETT, BRIAN K & SANDRA M 9355 SW INEZ ST 9430 SW INEZ ST TIGARD,OR 97224 TIGARD,OR 97224 2S111BA -07200 2S111BD -00102 CARTER, JAMES F /KATHALEE A CORLISS, JAMES L / CORA K 9443 SW INEZ 14525 SW 97TH TIGARD,OR 97223 TIGARD,OR 97224 2S111BD -00101 2S111BA -09300 CORLISS, JAMES L AND CORA K COX, MICHAEL W & CAROLINN E 9750 SW INEZ ST 14440 SW 97TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S111BA -01800 2S111AB -08600 EVANS, JAMES WARD FERGUSON, DONALD W JOYCE I JULIE A 14285 SW 97TH 14425 SW 94TH CT TIGARD,OR 97224 TIGARD,OR 97223 2S111AB -08000 2S111BA -01500 FERLITSCH, GORDON M & JAYNE M FREDERICK, SCOTT G TRUSTEE 14435 SW 93RD AVE 9755 SW INEZ TIGARD,OR 97223 TIGARD,OR 97224 2S111AB -07800 2S111AB -08900 GREEN, DONALD N JR AND JORDAN, JO A MARJORIE M 9395 SW VIEW TERR 9385 SW INEZ TIGARD,OR 97223 TIGARD,OR 97223 2S111BA -08300 2S111AB -08100 JUBILEE PLACE OWNERS OF KALBERER, RAYMOND M & EDA G LOTS 1 -5 AND 7 -9 14425 SW 93RD 25290 SW GRAHAMS FY RD TIGARD,OR 97224 SHERWOOD,OR 97140 2S111AB -02500 2S111BA -01200 KLUEMPKE, RICHARD G AND LONG, LENORA ROSEMARY E c/o RANSDELL, DAVID E & SALLY 9380 SW MTN VIEW LN 14270 SW 97TH TIGARD,OR 97223 TIGARD,OR 97224 2S1 11 AB -09000 2S1 11 AB -08400 MAGEE, THOMAS G AND MCNAMEE, PAUL G & BARBARA A DODGEN - MAGEE, DOREEN 14420 SW 94TH CT 9365 SW VIEW TERRACE TIGARD,OR 97224 TIGARD,OR 97223 sug 11- U - 3+11ntivMoW n4 inotivs Cf a o-P 3) • • 2S111BA -01600 2S111BA -07800 MOORE, LORRAINE A MORAN, PHILIP H & JOAN H JOHNSON, CATHERINE M 9471 SW VIEW TER 14405 SW 97TH AVE TIGARD,OR 97224 TIGARD,OR 97224 2S111BA -07700 2S111AB -02600 MURPHY, DOUGLAS J & LYDIA NEWELL REVOCABLE TRUST 9502 SW VIEW TERRACE 9420 SW MTN VIEW LN TIGARD,OR 97224 TIGARD,OR 97224 2S111BD -00103 2S111AB -07700 NEWTON, REX M NILSEN, JEFFREY C & CINDY L 14535 SW 97TH AVE 9425 SW INEZ ST TIGARD,OR 97224 TIGARD,OR 97223 2S111BA -06800 2S111BA -09100 OLSON, THEODORE J & TRACIE JO OLSON, TRACIE JO 9541 SW INEZ ST 15870 S INGTON TERR TIGARD,OR 97224 D,OR 97224 2S111BA -09200 2S111BA -01700 OLSON, TRACIE JO PALM, FRANK L DORIS 0 15870 SW BARRINGTON TERR 14325 SW 97TH AVE TIGARD,OR 97224 TIGARD,OR 97223 2S111BA -07600 2S111AB -09100 PASERO, MARK G & SHARON M PETERMAN, ALAN L AND 9567 SW JUBILEE CT MITCHELL, STEPHANIE J TIGARD,OR 97224 9335 SW VIEW TERRACE TIGARD,OR 97224 2S111BD -02300 2S111AB -08700 RENEAU, CHARLOTTE J ROEMHILDT, ROBERT A & SHAROLEE 9705 SW PEMBROOK c/o QUANDT, HOWARD & DIANA TIGARD,OR 97224 -4783 14415 SW 94TH CT TIGARD,OR 97224 2S111BA -07100 2S111BD -02200 SCHOENBRUN, STEVEN J /KAREN SCHUCK, JAMES E AND CHRISTINE 9465 SW INEZ ST 9735 SW PEMBROOK ST TIGARD,OR 97224 TIGARD,OR 97224 2S111BA -07000 2S111BA -07500 SMELTER, CRAIG C AND JULIE SMITH, DAVID H & 9487 SW INEZ BATCHELOR, WENDY A TIGARD,OR 97224 6081 SW BONITA RD #1306 LAKE OSWEGO,OR 97035 2S111BA -07900 2S111BA -07400 TAIT, MARK- ANDREW R & MARTHA C TAYLOR, JEAN D 9480 SW VIEW TER c/o TAYLOR, STEVEN E TIGARD,OR 97224 25290 SW GRAHAMS FERRY RD SHERWOOD,OR 97140 5 0 - 6 qt —ciDo 3 aNNVW aou)s (P 3 of 3) • • 2S111BA -08200 2S111BA -07300 IGARD, CITY OF TRAN, THU LE AND 13125 SW HA NGUYEN, TRUNG T eO BO 97 14320 SW 97TH AVE RD,OR 97223 TIGARD,OR 97224 2S111AC -02700 2S111AB -08500 UNION HIGH SCHOOL DISTRIC VANGORDON, DORIS NO. 3 JT ,:.- •• - 0414-) 14430 SW 94TH CT , 00000 i TIGARD,OR 97224 Ken e'� 5� 2S111BA -08000 2S111AB -08200 WARREN, RANDOLPH G & JANET L WATSON, HAZEL M TRUSTEE 9534 SW JUBILEE CT 14415 SW 93RD TIGARD,OR 97224 TIGARD,OR 97224 2S111BA -06900 2S111AB -07500 WEBB, DARWIN H WEILLER, WILLIAM RICHARD 9529 SW INEZ ST SUZANNE TIGARD,OR 97224 9390 SW INEZ TIGARD,OR 97223 2S111BA -08100 2S111AB -07400 WILSON, MICHAEL D AND MICHELLE WOLF, THOMAS K/PAMELA M 9558 SW JUBILEE CT 9360 SW INEZ TIGARD,OR 97224 TIGARD,OR 97224 2S111AC -02700 2S111AB -08300 KEN CREASON WORTH, LYNNE AND PHILLIP S D DIRECTOR OF PLANNING & TRANS. MALLICOAT, SAMUEL H c/o UNION HIGH SCHOOL DIST. NO. 3JT 8235 SW MARINERS DR WILSONVILLE,OR 97070 759 SE WASHINGTON STREET HILLSBORO OR 97123 TED OLSON 3500 SW TRAIL ROAD TUALATIN OR 97062 RICHARD WHITEMAN PO BOX 2065 LAKE OSWEGO OR 97035 • • • J liP4 -- ■ +sib ■ ■ o . ____=se 4_, 11 i _ I 1 IL: . ANO F , _ 1 NI ABE .�■ T JIM iir 1 co 2S111BA01800 2S111BA -01 1• /1 16 2S111BJ�017r' '_i ' , `���� ■■ 1_1 , A . :: �� �.: ci i"" 9 11 SW Gf�EEN 2S111BA-01 � �' • , Lr. � .,, i - 1111. .1 IiYii .100 - • , 8 11 Iit�11�Gi*iii`' :D ,■_ . 1111111 !4 • 1 ; 111 .I ,Z104. IIIII gli . • 2S12 iiriiti=1 mei . .. . : — MO " • mommi 1 lia II gig: 2S111AC -02700 AEA 0 .._ 0. ' IIIII_1ii S 1111111111111111111 . 1 I I 1 ill KS -_ 4i6 • 01 • a ■ ,111 4-- _+, `a.� wail , LEE ■, � : ILIN O i MIMI - - wit = '.. ■ . I R illE • l" 0 ,,,...D. • S TTLER ■■ IA0 El i _.d —vi l 3 a ,I' ; `� I - j 2 a i I Vicinity Map SUB 96- 0007/MIS 96 -0027 ...wpm . N Notification Map • • ,„ CITY OF TIGARD Community cDevefopment Shaping Better Community REQUEST FOR COMMENTS DATE: December 19,1996 TO: Per Attached FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea (x3151 Phone: 15031639-0111 Far [50316841291 RE: SUBDIVISION ISUBI 96- 0001 /LOT LINE ADJUSTMENT [MIS) 96 -0021 _ ➢ SHANNON MEADOWS SUBDIVISION Q A request for the following development applications: (1.) Lot Line Adjustment request to adjust three (3) -, parcels of approximately 12,632, 55,756 and 15,246 square feet in to three (3) lots of approximately 15,109, 50,136 and 18,389 square feet; and (2.) Subdivision preliminary plat approval to divide the parcel of approximately 50,136 square feet into five (5) lots ranging between 7,503 to 15,109 square feet. LOCATION: South of SW McDonald Street, north of SW Murdock Street, and on the east side of SW 97th Avenue. WCTM 2S111 BA, Tax Lots 09100, 09200 and 09300. ZONE: R-4.5; Residential, 4.5 units per acre. The purpose of the R-4.5 zone is to allow single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.80, 18.100, 18.102, 18.106, 18.108, 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 anci agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday December 30,1996. You may use the space provided below or attach a separate letter to return your comments. liven are unable tq 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 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 Perseids) Commenting: Phone !lamberts): SUB 96 -0007 /MIS 96 -0027 SHANNON MEADOWS SUBDIVISION PROPOSAUREQUEST FOR COMMENTS $a6 a (f- 1- R UEST FOR COMMENTS �� - ooa� . NOTIFICATION UST FOR LANG USE 8 DEVELOPMENT APPLICATIONS X 01. � CIT Area: (W) (S) (E) (C) CITIZEN INVOLVEMENT TEAMS in Placed for review in Library CT Book c �// CITY DEPARTMENTS I'B DG. DEPT. /David Scott. e.,.o.noin ,L/000CE DEPT. /Kelley Jennings. 0.w.....M..on1c. .4- /John Roy. p....iv...0 .o. _ CITY ADMIN. /Cathy wheotley. o...c... .&oEAG. DEPT. /Brian Roger. o....o... +e..... tapas. _ COM.DEV. DEPT. /DS.T. S ADV. PLNG. /Nadine Smith. W TER DEPT. /Michael Miller. o..o.....0,. /o..e.... mei log SPECIAL DISTRICTS IRE MARSHALL ,--UNIFIED SEWERAGE AGENCY _TUALATIN VALLEY WATER DIST. Gene Birched SWM Program /lee Walker PO Box 745 Wo. County Fire District 155 N. First Street Beaverton. OR 97075 (pick -up boxl Hillsboro. OR 97124 AFFECTED JURISDICTIONS WA. CO. DEPT. OF LAND USE & TRANSP. _ METRO AREA BOUNDARY COMMISSION _ METRO - GREENSPACES 150 N. First Avenue 800 NE Oregon St. #16. Suite 540 Mel Huie (CPA's /ZOA's) Hillsboro. OR 97124 Portland. OR 97232 - 2109 600 NE Grand Avenue Porttand. OR 97232 -2736 _ Brent Curtis (CPA's) _ STATE HIGHWAY DIVISION . _ Jim Tice (IGA'S) Sam Hunaidi _ METRO _ Mike Borreson (Engineer) PO Box 25412 Mary Weber _ Scott King (CPA's) Portland. OR 97225-0412 600 NE Grand Avenue Tom Harry (Current Planning App's) Portland. OR 97232 -2736 Lynn Bailey (Current Planning App's) OREGON °LCD (CPA's/ZOA's) 1175 Court Street. N.E. _ ODOT /REGION 1 _ CITY OF BEAVERTON Salem. OR 97310-0590 Transportation Planning Larry Conrad. Senior Planner 123 N.W. Flanders PO Box 4755 _ CITY OF PORTLAND Portland. OR 97209 -4037 1120 SW 5th _ CITY OF BEAVERTON Portland. OR 97204 _ ODOT /REGION 1. DISTRICT 2 -A Mike Matteucci. Neighborhood Coordinator Bob Schmidt /Engineering Coord. PO Box 4755 _ CITY OF DURHAM 2131 SW Scholb /PO Box 25412 Beaverton. OR 97076 Planning Director Portland. OR 97225 Beaverton. OR 97076 City Manager PO Box 23483 _ CITY OF LAKE OSWEGO _ CITY OF TUALATIN Tigard. OR 97281 -3483 City Manager PO Box 369 PO Box 369 Tualatin. OR 97062 _ 4'OTHER`a Lake Oswego. OR 97034 _ CITY OF KING CITY City Manager 153005W 116th King City. OR 97224 SPECIAL AGENCIES ENERAL TELEPHONE ELECTRIC G..—PORTLAND GENERAL ELECTRIC _COLUMBIA CABLE CO. Paul Koff. Engineering Brian Moore Crag Eyestone PO Box 23416 14655 SW Old Scholls Ferry Rd. 14200 SW Brigadoon Court Tigard. OR 97281 -3416 Beaverton. OR 97007 Beaverton. OR 97005 4 .' 1W NATURAL GAS CO. P h a n . (soot rn•H.. _ METRO AREA COMMUNICATIONS _ TRI -MET TRANSIT DEVELOPMENT Scott Palmer .e= (5031 721-2922 Jason Hewitt Kim Knox. Project Planner 220 NW Second Avenue Twin Oaks Technology Center 710 NE Holladay Street Portland. OR 97209 -3991 1815 Nw 169th Place 5 -6020 Portland. OR 97232 Beaverton. OR 97006 -4886 _ TCT CABLEVISION OF OREGON _1)S WEST COMMUNICATIONS _ SOUTHERN PACIFIC TRANS. CO. Undo Peterson Pete Nelson Clifford C. Cabe. Const. Engineer 3500 SW Bond Street 421 SW Oak Street 5424 SE Mcloughln Portland. OR 97201 Porttand. OR 97204 Portland. OR 97202 _ BONNEVILLE POWER ADMINISTRATION _ BURUNGTON NORTHERN RAILROAD PO Box 3621 Attn: Administrative Offices Routing TTRC -Attu: Renee F e r r e r o 1313 W. l l th Street Portland. OR 97208 -3621 Vancouver. WA 98660-3000 STATE AGENCIES FEDERAL AGENCIES _ AERONAUTICS DIVISION (ODOT) _ DIVISION OF STATE LANDS _US POSTAL SERVICE J _ COMMERCE DEPT. -M.H. PARK _ FISH i WILOUFE Randy Hammock. Growth Cord. _ PUC _ DOGAMI Cedar MAI Station _ DEPT. OF ENVIRONMENTAL QUALITY _ U.S. ARMY CORPS. OF ENGINEERS Portland. OR 97229 -9998 _ OTHER (rcwo.w wo.n...e,n. August a n..r • • Al ' City of Tigard, Oregon AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Patricia L Lunsford, being first duly swom/affimi, on oath depose and say: that I am an Administrative Specialist II for The City of Tigard, Oregon. I ❑ That I served NOTICE OF (AMENDED 0) PUBLIC HEARING FOR: (area eena eta" . amicable) N+eat a0PrePrIlle box below) (Enter Pubic Hearing Date above) O City of Tigard Planning Director O Tigard Planning Commission O Tigard Hearings Officer O Tigard City Council ❑ That I served NOTICE OF (AMENDED 0) DECISION FOR: 1 ea••••- a••r.•.aabla City of Tigard Planning Director 0/ That I served NOTICE OF (AMENDED 0) FINAL ORDER FOR: • I (cirri ban obeyed: - (check approprisle box bedew} O City of Tigard Planning Director 0 Tigard Planning Commission Tigard Hearings Officer O Tigard City Council ❑ That I served OTHER NOTICE OF FOR: A copy of • - PUBUC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE(S) of which is a , - ched, marked Exhibit "A ", was i led to e mid person(s) at the address(s) shown on the attached list( , marked Exhibi 'B ", • n the n ...1 •if�� /A 199 7 , and deposited in the Unit - • States Mail on th= ■ •a • of "/ Ji);, /4./ 199 "7", postage prepaid. �y ... ,ei A Ai - Pre ' Notice AiIPM A Subscribed and swom/affimied before me on the ..../ da y of 1 _ : 101 ''' OFFICIAL SEAL f ..(- f : DIANE M JELDERKS I ■ r'� NOTARY PUBLIC - OREGON , 4 ' . �IL — ' I ..., w , - A. L 4■4 COMMISSION NO 046142 NOT • `Y PUBLIC O s: ` G N MY COMMISSION EXPIRES SEPTEMBER 07, 1999 9 7 / `y 1' My Commission Ex • 'FILE INFO.: NAME(S): $1-wrIm.7 rLLi- 4142340"13 CASE NO.(S): cat/3/k i: /M 1 S / aalfr 4 — 00/ 1 6 --- O/6 TYPE OF NOTICE & DATE: CRY OF TIOARD EXHIEIT A Community �lopmcnt Sfaping,l Better Deve Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER a BY THE HEARINGS OFFICER Case Name(s): SHANNON MEADOWS SUBDIVISION Case Number(s): SUBDIVISION (SUB) 96 -0007 LOT LINE ADJUSTMENT (MIS) 96 -0027 VARIANCE (VAR) 96 -0015 • Name of Owner: Ted Olson Name of Applicant: Richard Whiteman Address of Applicant: PO Box 2065 City: Lake Oswego State: Oregon Zip: 97035 Address of Property: South of SW McDonald St.. N. of SW Murdock St.. and on the E. side of SW 97th Avenue City: Tigard State: Oregon Zip: 97224 Tax Map & Lot No(s).: WCTM 2S111BA. Tax Lots 09100. 09200 and 09300 Request: > A request for the following development applications: (1.) Lot Line Adjustment request to adjust three (3) parcels of approximately 12,632, 55,756 and 15,246 square feet into three (3) lots of approximately 15,109, 50,136, and 18,389 square feet; (2.) Subdivision preliminary plat approval to divide the parcel of approximately 50,136 square feet into five (5) lots ranging between 7,503 to 15,109 square feet; (3.) Variance request to allow a cul-de -sac length of 482 feet, whereas, the code states that the maximum length of a cul -de -sac shall be 400 feet in length; and (4.) Variance request to not require a planned development for a private street serving more than six (6) dwelling units. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.80, 18.92, 18.100, 18.102, 18.106, 18.108, 18.134, 18.150, 18.160, 18.162, and 18.164. Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1 and 8.1.3. Zone: R-4.5; Residential, 4.5 units per acre. The purpose of the R-4.5 zone is to allow single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. Action: > ❑ Approval as requested © Approval with conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance El Affected governmental agencies © The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision:% THE DECISION SHALL BE FINAL ON FEBRUARY 13, 1997 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigad,.Oregon°97 Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $1,745.00 plus transcript costs, not in excess of $500.00. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON THURSDAY FEBRUARY 13, 1997. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639 -4171. SUB 96 -0007 /MIS 96- 0027NAR 96 -0015 SHANNON MEADOWS SUBDIVISION NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER • • BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by Richard Whiteman for ) FINAL ORDER approval of a tentative plan for a 5 -lot subdivision, a ) SUB 96- 0007/MIS 96 -0027/ lot line adjustment and two variances for land east of ) VAR 96 -0015 SW 97th Avenue in the City of Tigard, Oregon ) (Shannon Meadows) I. SUMMARY The applicant requests approval of a lot line adjustment to adjust three parcels . containing 12,632, 55,756 and 15,246 square feet into three lots containing 15,109, 50,136 and 18,389 square feet. The adjusted lots will continue to comply with applicable dimensional requirements of the Community Development Code (CDC). The applicant proposes to divide one of the adjusted lots into five lots containing 7503 to 15,109 square feet. The applicant will build a single family detached dwelling on each of the five proposed lots. The applicant will develop a private street to serve the five proposed lots; that street also can serve an additional two lots that can be created from adjoining under - developed land. The applicanty will extend public water and sanitary sewer lines to serve each lot. The applicant will collect storm water from impervious areas of the site and will convey it by pipeline to a public storm sewer that adjoins the site. The applicant requests approval of two variances. One variance is proposed to allow the private street to be 482 feet long rather than the maximum 400 -foot length permitted by the CDC. The second variance is to allow the private street to serve more than six dwellings without being approved as part of a planned development. City of Tigard Hearings Officer Larry Epstein held a duly noticed public hearing regarding the applications on January 27, 1997. City staff recommended conditional approval of the applications. See the Staff Report dated January 21, 1997. The applicant accepted the Staff Report and recommendation. Three witnesses testified with concerns about drainage, loss of trees, the impact of the private street on abutting lots, and the impact of extending the sewer from an existing off -site line. No one else appeared at the hearing or submitted written testimony about the application. The applicant waived its right to have the record held open. The hearings officer closed the record at the end of the hearing and announced a tentative decision approving the applications. For the reasons stated herein, the hearings officer approves the applications subject to the conditions at the end of this final order. LOCATION: East of and adjoining SW 97th Avenue between SW Inez Street and SW View Terrace; WCTM 2S 111BA, tax lots 09100, 09200 and 09300 COMPREHENSIVE PLAN: Low Density Residential (1 -5 dwelling units/acre) ZONING: R-4.5 (Detached single family residential) APPLICANT: Richard Whiteman OWNER: Ted Olson APPLICABLE LAW: Community Development Code ( "CDC ") Chapters 18.48, 18.96, 18.100, 18.102, 18.106, 18.108, 18.120, 18.130 and 18.164. Hearings Officer Final Order January 31, 1997 MIS 96-0027NAR 96-0015/SUB 96-0W7 (Shannon Meadows) Page 1 • • II. PROCEDURES AND RECORD 1. The City has subjected the application to the procedures for a subdivision, and gave timely notice for a hearing at which public testimony could be offered regarding the application. The hearings officer held such a hearing and closed the public record at the end of the hearing. The public record in this matter includes Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). The written testimony includes the Staff Report dated January 21, 1997, relevant written material received by the Community Development Department before the hearing and material the hearings officer received at the hearing. Exhibits are filed at Tigard City Hall. 2. Before the hearing, the hearings officer visited the site and surrounding area. He observed structures, vegetation, and grades on the site and adjoining property and the condition of the adjoining streets. 3. At the hearing, Will D'Andrea and Brian Rager testified for the City. Mr. D'Andreaidentified applicable standards and summarized the Staff Report and recommendation. He clarified the arborist report in the application, noting that the applicant will remove five healthy trees during construction, because they are situated in the building and driveway envelope. The applicant is required to mitigate for the loss of those trees only. Other trees to be removed from the site are hazardous, because of decay. He noted that CDC 18.100.080 does not require the applicant to establish a buffer between the private drive and the south edge of the site, because the site and abutting land will be used for single family detached housing. Mr. Rager responded to questions. His testimony is selectively summarized below. 4. Richard Whiteman and John Harris testified for the applicant. Mr. Harris accepted the Staff Report and recommended conditions without objections or corrections. Mr. Harris responded to questions and concerns. He stated the applicant will protect, repair or replace fences abutting the proposed private street. Little grading is needed for the street, so he expects it will not adversely affect the fences. He opined that the off -site discharge of surface water will decrease as a result of the project, because the proposed storm drainage system will capture surface water that now flows off -site and pipe it to a public storm sewer. He opined that erosion control measures during construction will prevent adverse drainage impacts. He stated that the applicant will enter onto the easement on Lot 32 of the Penrose Terrace subdivision to extend the public sewer to the site, but that the applicant will endeavor to coordinate timing for that work with the owner of that lot and will require the contractor to repair any damage to that lot to the owner's satisfaction. 5. Craig Smelter, Randy Warren and Robert Roemhildt testified with concerns. a. Mr. Smelter, who owns a lot south of and abutting the site, noted that the proposed private street will be situated about two feet from the south edge of the site. He was concerned this would result in damage to the fence and/or trees along the property line. He requested the private street be moved farther north or that the applicant be required to repair any damage caused when building the street. He also asked about maintenance of the street. Mr. Rager responded by explaining the applicant is required to file a maintenance agreement with deeds to the property pursuant to which owners of abutting properties are required to maintain the street. The City is not a party to the agreement and cannot enforce it. The City does require the applicant to guarantee the street for one year after construction, and it will enforce that requirement. Hearings Officer Final Order January 31, 1997 MIS 96-0027NAR 96- 0015/SUB 96 -0007 (Shannon Meadows) Page 2 • • b. Mr. Smelter also asked about the mitigation for the loss of healthy trees on the site. Mr. D'Andrea explained the CDC allows the applicant to mitigate tree loss by replacing the lost trees with an equal circumference area on or off the site or by contributing fees to the City in lieu of replacement in kind. Mr. Harris indicated the applicant would replace the trees on -site, and agreed to accept a condition of approval to that effect. c. Mr. Warren, who owns a lot north of and abutting the site, testified with concerns about drainage onto his property, particularly during construction and over time. He opined that storm water from the site has caused drainage problems in the past. Mr. Rager responded that the applicant is required to do an analysis of downstream conditions (e.g., the capacity of the storm sewer line downstream from the site) to determine whether a 25 -year storm event would cause storm water that exceeds the capacity of the downstream system. The City storm sewer generally is designed to accommodate a 25 -year storm event. He described the options for addressing storm drainage if there is a downstream capacity problem (e.g., fix the problem downstream or detain storm water and meter its discharge so it does not exceed downstream capacity). He noted the storm sewer lateral stubbed to the site from the Jubilee Place subdivision was sized to accommodate storm water from the applicant's site. In response to a further question from Mr. Warren, Mr. Rager explained that the City requires the applicant to warrant and remedy any problems with the storm sewer that occur within one year after construction. However after that, the CDC does not give the City authority to require additional storm water drainage measures. d. Mr. Roemhildt, who owns Lot 32 in the Penrose Terrace subdivision, testified with concerns about the loss of trees and about the impact of extending the sanitary sewer to the site from the manhole on his property abutting the east edge of the site. Mr. Rager responded that the sanitary sewer is in a public easement on Lot 32 in Penrose Terrace. The easement allows the applicant access to that sewer. The CDC requires the applicant to repair to at least original conditions any damage to that property. III. APPLICABLE STANDARDS AND RESPONSIVE FINDINGS 1. City staff provided basic facts about the site and vicinity in section III of the Staff Report. They recommended the hearings officer approve the application, based on the applicable standards and responsive findings in section IV of the Staff Report and subject to conditions of approval in section II of the Staff Report. The applicant accepted the findings and recommended conditions without correction or objection. 2. The hearings officer adopts the statement of applicable standards and the responsive findings in section IV of the Staff Report as his own findings. The testimony raised three concerns, which are addressed in the following findings. 3. There was a concern about the proximity of the private drive to adjoining land and the impact of the private drive on trees and fences abutting the site. a. The CDC addresses fences in sections 18.100.080 through 18.100.130. Fences are allowed to be six feet high, except in the required vision clearance area (see CDC 18.102), without a building permit. There is no required setback or buffer for a private street. See CDC 18.108, 18.162 and 18.164.030.S. Therefore, as a condition of approval of the lot line adjustment or subdivision, the hearings officer cannot require the street to be set back or buffered from the property line, except to the extent required by the Uniform Building Code due to topography.' 1 The hearings officer notes that CDC 18.162.050.F requires screening of a paved drive of an accessway Hearings Officer Final Order January 31, 1997 MIS 96-0027NAR 96- 0015/SUB 96 -0007 (Shannon Meadows) Page 3 • • b. However the applicant also requests two variances involving the private street. The variance standards prohibit a variance from causing adverse impacts. See CDC 18.134.050.A.1 and 4. The hearings officer finds that, if construction of the private street results in damage to or loss of the existing fence abutting the site, it would result in adverse impacts. Therefore the hearings officer has authority under CDC 18.32.090.0 and 18.134.030.D to require the applicant to protect, repair or replace fencing on properties abutting the private street. A condition of approval to this effect should be added. At the hearing in this matter, the applicant agreed to accept such a condition. 4. There was a concern about storm water drainage impacts of the proposed land division. The relevant standards are in CDC 18.164.100. The hearings officer finds that the proposed land division complies with CDC 18.164.100, because the application includes a preliminary drainage plan that separates sanitary and storm water drainage, that provides inlets so that surface water is not carried across any street or intersection (other than the private street), and that is consistent with the surface water drainage pattern on the site. Easements are proposed to implement the plan. Upstream and downstream drainage issues are or will be addressed before approval of a final plat. The hearings officer further finds that it is feasible for the City to approve a final drainage plan generally consistent with the preliminary plan. Conditions of approval 4, 13 through 17 and 23 ensure the final drainage plan will comply with the CDC. Such a plan is reasonably likely to reduce off -site surface water discharge volumes and rates, because surface water will be captured and diverted to an underground piped system. 5. There were concerns about tree loss and mitigation. The relevant standards are in CDC 18.150. The hearings officer finds the proposed land division complies with the relevant provisions of that chapter, because a tree plan is included consistent with CDC 18.150.025, proposed removal of unhealthy trees is permitted by right, proposed removal of healthy trees will be mitigated, and stret trees will be provided abutting the public right of way and private street. Conditions of approval 19 and 20 ensure compliance. a. At the hearing, the applicant agreed to mitigate the loss of the five healthy trees to be removed from the site by planting additional trees on the site rather than planting them off -site or paying a fee in lieu. A condition of approval is warranted to reflect this commitment. Trees on the site have a more direct mitigatory effect than the other options in this case; therefore it is the preferred option. 6. The hearings officer finds that other concerns expressed at the hearing are or will be adequately addressed by findings in the Staff Report and by administration of the Community Development Code as it relates to the applications in this case. IV. CONCLUSION AND DECISION 1. The hearings officer concludes that the proposed lot line adjustment, subdivision and variances do or can comply with the applicable criteria and standards of the Community Development Code, provided development that occurs after this decision complies with applicable local, state, and federal laws and with conditions of approval warranted to ensure such compliance occurs. when situated within 10 feet of an abutting lot when that paved drive is for a flag lot created by partition. It is inconsistent to require an accessway for a flag lot to be screened but not to require such screening for a private street In the interests of consistency, the City should consider whether CDC 18.108, 18.162 or 18.164.030.S should be amended to require screening of a private street when it is not created by a partition or flag lot. Hearings Officer Final Order January 31. 1997 MIS 96.0027/VAR 96- 0015/SUB 96 -0007 (Shannon Meadows) Page 4 i • 2. The hearings officer hereby approves MIS 96 -0027, VAR 96 -015 and SUB 96- • 0007 (Shannon Meadows), subject to the conditions of approval in section II of the Staff Report, with the following amendments: a. Condition of approval 19.c is hereby amended to read as follows: c. Tree mitigation of 44 caliper inches, in addition to street trees, in accordance with Community Development Code section 18.150.070.D. Replacement trees shall be placed on the site. Replacement trees may not be mitigated by off -site planting or by payment of a fee in lieu of planting. b. Condition of approval 26 is hereby added to read as follows: Before the City issues a building permit for construction of a home on the site, the applicant shall repair or replace the fence along the south side of the private street such that the planning manager fords the buffering and screening effect of the fence is at least equal to that that existed before the private road was built. DATE ,, 's 31st day _.: uary, 1997. p;r,j'j Larry Eps - .i 1 , ' - Tigard H • . ri ' cer Hearings Officer Final Order January 31, 1997 MIS 96- 0027NAR 96- 0015/SUB 96 -0007 (Shannon Meadows) Page 5 • Agenda Item: 20 Hearing Date: January 27. 1997 Time: 7:00 PM STAFF REPORT TO THE HEARINGS OFFICER CITY OF TIGARD FOR THE CITY OF TIGARD, OREGON Community Development Shaping Better Community SECTION I: APPLICATION SUMMARY CASES: FILE NAME: SHANNON MEADOWS SUBDIVISION Subdivision SUB 96 -0007 Lot Line Adjustment MIS 96 -0027 Variance VAR 96 -0015 PROPOSAL: The applicant has requested the following development applications: 1. Lot Line Adjustment request to adjust three (3) parcels of approximately 12,632, 55,756 and 15,246 square feet into three (3) lots of approximately 15,109, 50,136, and 18,389 square feet; 2. Subdivision preliminary plat approval to divide the parcel of approximately 50,136 square feet into five (5) lots ranging between 7,503 to 15,109 square feet; 3. Variance request to allow a cul -de -sac length of 482 feet, whereas, the code states that the maximum length of a cul -de -sac shall be 400 feet in length; and 4. Variance request to not require a planned development for a private street serving more than six (6) dwelling units. APPLICANT: Richard Whiteman OWNER: Ted Olson PO Box 2065 3500 SW Trail Road Lake Oswego, OR 97035 Tualatin, OR 97062 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (1 -5 dwelling units per acre). ZONING DESIGNATION: Residential, 4.5 units per acre (R -4.5). LOCATION: South of SW McDonald Street and on the east side of SW 97th Avenue; WCTM 25111 BA, Tax Lots 09100, 09200 and 09300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.80, 18.92, 18.100, 18.102, 18.106, 18.108, 18.134, 18.150, 18.160, 18.162 and 18.164. Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1 and 8.1.3. STAFF REPORT TO THE HEARINGS OFFICER SUB 96.0007 - SHANNON MEADOWS SUBDIVISION PAGE 1 • SECTION II: STAFF RECOMMENDATION: The Planning Director's Designee recommends that the Hearings Officer find that the proposed Subdivision will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended conditions of approval: CONDITIONS OF APPROVAL ALL CONDITIONS SHALL BE SATISFIED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE SPECIFIED, THE :_ STAFF CONTACT FOR ALL . CONDITIONS IS BRIAN RAGER WITH THE ENGINEERING DEPARTMENT, (503)639 -4171. 1. Prior to approval of the final plat, a public improvement permit and compliance agreement is required for this project. Six (6) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit nine (9) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address, and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on- site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 4. The public improvement plans shall indicate the applicant will construct standard half - street improvements along the frontage of SW 97th Avenue. The improvements adjacent to this site shall include: a. City standard pavement section from curb to centerline equal to 22 feet; NOTE: If the applicant can demonstrate that the existing pavement on the east half of the roadway will meet City standards, the City may allow the applicant to tie on to the existing pavement and not rebuild the half - street to centerline. STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 2 b. pavement taeers needed to tie the new improve�ent back into the existing edge of pavement shall be built beyond the site frontage; c. curb and gutter; d. storm drainage, including any off -site storm drainage necessary to convey subsurface runoff; e. six (6) -foot concrete sidewalk; f. street striping; g. streetlights as determined by the City Engineer; h. underground utilities NOTE: The applicant may be eligible to pay a fee in -lieu of undergrounding existing overhead utilities. i. street signs (if applicable); j. driveway apron (if applicable); and k. adjustments in vertical and /or horizontal alignment to construct SW 97th Avenue in a safe manner, as approved by the Engineering Department. 5. A profile of SW 97th Avenue shall be required, extending 300 feet either side of the subject site, showing the existing grade and proposed future grade. 6. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners who abut and take access from it. 7. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC &R's) for this project to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street. The CC &R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street. The applicant shall submit a copy of the CC &R's to the Engineering Department prior to approval of the final plat. 8. Any extension of public water lines shall be shown on the proposed public improvement construction drawings and shall be reviewed and approved by the City's Water Department. 9. The applicant shall bear the expense of relocating the existing fire hydrant in SW 97th Avenue. They shall also bear any expense related to relocation of water meters to the existing homes. 10. All portions of the home sites shall be within 500 feet of a fire hydrant as measured along an accessways. 11. The applicant shall provide sanitary sewer laterals to the adjacent undeveloped properties. 12. The applicant shall construct a 10- foot -wide (minimum) maintenance access roadway from the proposed hammerhead turn- around, to the proposed sanitary sewer manhole adjacent to the northwest comer of Lot 5. The roadway shall be constructed per the City's design standards (3- inches of Class "C" asphalt over 8- inches of 3/4- STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 3 • • inch minus crushed rock) and shall be placed within a 15- foot -wide public sanitary sewer and maintenance access easement. The easement shall be shown on the face of the final plat. In addition, the applicant shall record with the plat, a Restrictive Covenant for Lot 5 to ensure that the City will have uninhibited access to the access roadway, and that no fence or other permanent improvement will be constructed over the roadway. A draft of the Restrictive Covenant shall be submitted to the Engineering Department prior to approval of the final plat. 13. Prior to issuance of the public improvement permit, the applicant's design engineer shall submit documentation, for review by the City, of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform an analysis of the drainage system downstream of the development, to a point in the drainage system where the proposed development site constitutes 10 percent or Tess of the total tributary drainage volume, but in no event Tess than 1/4 mile. 14. If the capacity of any downstream public storm conveyance system or culvert is surpassed during the 25 -year design storm event due directly to the development, the developer shall correct the capacity problem or construct an on -site detention facility. 15. Prior to approval of the final plat, the applicant shall pay the fee in -lieu of constructing an on -site water quality facility. The fee is based on the total area of new impervious surfaces in the proposed development, which includes the new public street and sidewalk areas. In addition, a standard value of 2,640 square feet of hard surface is assessed to each individual lot. Payment of the fee can be split into two (2) parts: a. the portion based on surface area of new streets and sidewalk shall be paid by the applicant prior to approval of the final plat; and NOTE: The applicant shall provide the Engineering Department with surface area calculations for the streets and sidewalk in order for this fee to be calculated. b. the portion assessed to each lot ($180 /lot at present) can be paid at the time building permits are issued for the individual Tots. 16. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 17. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of the lots that are to be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code. STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 4 • • 18. The applicant shall either, place the existing overhead utility lines along SW 97th Avenue underground as a part of this project, or they shall pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, it shall • be paid prior to approval of the final plat. 19. Revised site and landscaping plans shall be submitted for review by the Planning • Division. Staff Contact: Wilt D'Andrea. The revised plans shall include the following: a. demonstrates that the existing structure is in compliance with setback standards; b. street trees to be spaced no greater than 30 feet apart along both SW 97th Avenue and the proposed private street; and c. tree mitigation of 44 caliper inches, in accordance with Community Development Code Section 18.150.070.D. d. 24 foot pavement width for the section of the private street fronting lot 1. 20. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC &R's) for this project, to be recorded with the final plat, that provides a deed restriction to the effect that any preserved tree may be removed only if the tree dies or is hazardous according to a certified arborist. This shall be in accordance with Community Development Code Section 18.150.045.B. 21. Obtain approval from Tualatin Valley Fire and Rescue for the proposed street, hydrant location, and no- parking signage plans. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian Rager :. with the Engineering Department (503) 639- 4171.) 22. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision /partition plat. 23. Prior to issuance of any building permits within the subdivision, the public improvements shall be deemed substantially complete by the City Engineer. Substantial completion shall be when: a. all utilities are installed and inspected for compliance, including franchise utilities; b. all local residential streets have at least one (1) lift of asphalt; c. any off -site street and /or utility improvements are completely finished; and d. all street lights are installed and ready to be energized. 24. Prior to issuance of building permits, the applicant shall provide the City with as -built drawings of the public improvements as follows: a. mylars; and STAFF REPORT TO THE HEARINGS OFFICER SUB 980007 - SHANNON MEADOWS SUBDIVISION PAGE 5 . . b. a diskette of the as- builts in "DWG" format (if available), otherwise "DXF" will be acceptable. - Note: If the public improvement drawings were hand - drawn, then a diskette is not required. PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS, THE FOLLOWING CONDITION SHALL BE SATISFIED: - (Unless otherwise noted, the staff contact shall be Brian Rager with the Engineering Department at(503) 639 - 4171.) 25. All site improvements installed per the approved plans. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF. THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT THIS IS NOT AN EXCLUSIVE LIST: 18.160.170 Improvement Agreement: 1. Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: a. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and b. 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. 2. 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. 18.160.180 Bond: 1. As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: a. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; b. 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 c. Cash. 2. The subdivider shall fumish 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. 3. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 6 • • 18.160.190 Filing and Recording: 1. 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. 2. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 18.162.080 Final Plat Application Submission Requirements: 1. Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 2. The subdivision 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. 3. Street centerline monumentation shall be provided as follows: A. Centerline Monumentatiort 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 PTs). 3. All centerline monuments shall be set during the first lift of pavement. 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. 18.164 Street & Utility Improvement Standards: 1. 18.164.120 Utilities A. 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 STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 7 • • ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above. 2. 18.164.130 Cash or Bond Required A. 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. B. 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. C. The cash or bond shall comply with the terms and conditions of Section 18.160.180. 3. 18.164.150 Installation: Prerequisite /Permit Fee A. 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. 4. 18.164.180 Notice to City Required A. Work shall not begin until the City has been notified in advance. B. If work is discontinued for any reason, it shall not be resumed until the City is notified. 5. 18.164.200 E ineer's Certification Required � a A. 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 to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III: BACKGROUND INFORMATION Site History: The existing parcels were created through the recording of Minor Land Partition (93 -0010) in 1993. No other development applications were found to have been filed with the City. Vicinity Information: STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 8 • Property to the north, east, and south is zoned R-4.5 (Residential, 4.5 units per acre). Property to the west is zoned R -3.5 (Residential, 3.5 units per acre). The surrounding area is predominantly developed with single - family, detached residential housing. Site Information and Proposal Description: • The subject properties are currently developed with two (2) single - family residences. The property slopes easterly from an elevation of approximately 290 to an elevation of approximately 268. The applicant is proposing the following development applications: 1. Lot Line Adjustment request to adjust three (3) parcels of approximately 12,632, 55,756 and 15,246 square feet into three (3) lots of approximately 15,109, 50,136, and 18,389 square feet; 2. Subdivision preliminary plat approval to divide the parcel of approximately 50,136 square feet into five (5) lots ranging between 7,503 to 15,109 square feet; 3. Variance request to allow a cul -de -sac length of 482 feet, whereas, the code states that the maximum length of a cul-de -sac shall be 400 feet in length; and 4. A second Variance request to not require a planned development for a private street serving more than six (6) dwelling units. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Dimensional Requirements: Section 18.50 states that the minimum lot area for each single - family lot in the R-4.5 zoning district is 7,500 square feet and the minimum lot width requirement is 50 feet As indicated on the site plan, each of the newly created lots will exceed the minimum lot size and width requirement. Setbacks: Section 18.50 states that single - family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: Minimum lot size 7,500 Square Feet Average lot width 50 feet Front setback 20 Feet Garage setback 20 Feet Interior sideyard setback 5 Feet Corner sideyard setback 15 Feet Rear setback 15 Feet Maximum building height 30 Feet Compliance with setbacks on Tots 2 -6 will be reviewed during the Building permit review process. However, as indicated on the site plan, lots 2-6 can accommodate the required setbacks. The applicant has informed staff that the location of the existing residence on parcel one (1) is incorrectly located, as shown on the preliminary plan. The residence is actually setback 16 feet from the property line of parcel two (2). The applicant shall be STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 9 • required to submit a revised plan which demonstrates that the existing structure is in • compliance with the setback standards. Solar Access: Section 18.88.040(C)(1) contains solar access standards for new • residential development. A lot meets 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 parcels meet this standard. The Performance option states that a lot complies with this section if habitable structures built on the lot will have their long axis oriented within 30 degrees of a true east -west axis, and at least 80 percent of their ground floor south wall will be protected from shade by structures and non - exempt vegetation. The proposed Tots can provide front lot lines that are oriented within 30 degrees of a true east -west axis and provide for a north -south dimension of 90 feet. Therefore, the proposed plan provides lots that comply with the provisions of this section. Density: Section 18.92.020 contains standards for determining the permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands, land dedicated for public roads or parks, or for private roadways. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. The gross area of the site is approximately 50,136 square feet. The net developable area of the site (after deduction of 20% of the gross area for public right -of -way) is approximately 40,108 square feet. With a minimum of 7,500 square feet per lot, this site yields an opportunity for up to five (5) Tots under the R-4.5 zoning designation. The applicant is proposing five (5) lots, and is therefore, in compliance with density requirements. While the preliminary plat shows six (6) lots, this plan reflects the adjusted property line between tax lots 09100 and 09200. The proposal is, therefore, in compliance with the density calculations. Landscaping: Section 18.100 contains landscaping standards for new development. The applicant must comply with the standards set forth in Section 18.100.035 which requires that all development projects fronting on a public or private street, or a private driveway more than 100 feet in length plant street trees. Street Trees: Section 18.100.035(B) states the specific spacing of street trees by size of tree shall be as follows: 1. Small or narrow stature trees (under 25 feet tall and Tess than 16 feet wide branching) shall be spaced no greater than 20 feet apart; 2. Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be spaced no greater than 30 feet apart; 3. Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40 feet apart. The preliminary plan does not show the provision of street trees in accordance with this section. Therefore, a revised landscape plan shall be submitted that provides for street trees to be spaced no greater than 30 feet apart along both SW 97th Avenue and the proposed private street. STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 10 Visual Clearance Areas• Section 18.102 requires that a Tear vision area shall be maintained on the corners of all property adjacent to intersecting right -of -ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right -of -way and the driveway and then connecting these two 30 foot distance points with a straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. As indicated on the site plan, this criteria is satisfied. Access: Section 18.108.070.A states that the minimum width of accessways serving up to 6 lots shall be 25 feet with 20 feet of pavement width. The preliminary plan shows the provision of a 25 -foot driveway with 20 feet of pavement width, in accordance with this section. A condition of the previous Minor Land Partition (MLP 93 -0010) required a joint access and maintenance agreement to require three (3) properties to share a common driveway. This condition was imposed because SW 97th Avenue is classified as a Major Collector street. The report stated that direct access to major collector or arterial streets shall only be considered if there is no alternative way to access the site. and that access for the existing homes should be a joint access. Section 18.164.030(S) states that private streets serving more than six (6) dwelling units are permitted only within planned developments, mobile home parks, and multi - family residential developments, and that the design standards for private streets shall be established by the City Engineer. Given the joint access condition of the previous partition, the proposed street will be serving seven (7) dwelling units. The initial 160 feet of the private street will be serving more than six (6) dwelling units, the remaining 320 -foot portion of the street will serve five (5) dwelling units. The applicant requests variance approval from the standard which requires approval through a planned development for streets serving more than six (b) dwelling units, for 160 feet of the proposed private street. The variance request is addressed in the variance section of this staff report. Access standards allow up to six (6) dwelling units to be served by a 20- foot -wide paved section of a private street. The standard two-way traffic width for accessways is 24 feet. Since the street is in excess of six (6) units, the 160 -foot street section should be revised to provide for a 24 -foot minimum pavement width. Consideration should also be given to the fact that tax lots 09100 and 09300 have the potential to be partitioned in the future, thus adding two (2) additional driveways onto the private street. Emergency vehicle turnaround: Section 18.108.070.C. states that access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by a hammerhead configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet. As indicated on the site plan, the tumaround provided complies with the dimensions specified by this section. Variance - Cul-de -sac Length: Community Development Code Section 18.134.050 provides standards for granting a variance as indicated in "bold" print below: STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 11 • • 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. The variance will not be materially detrimental to City policy or standards as the private • street dimensions are in accordance with access standards, an emergency vehicle tumaround has been provided, and the street is serving less than 20 Tots. The variance will not be detrimental to other properties in the vicinity as variance is limited to an 82 -foot extension of the length of an approved cul -de -sac. Plans also must be approved by the Fire District. 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. The special circumstances which exist are the size and shape of the existing parcel and surrounding development patterns which prohibit any potential connection to another public street. Surrounding existing development pattems necessitate the provision of a cul-de -sac to serve this subdivision. The property's narrow width and length precludes the provision of a shorter cul-de -sac design which would allow for development at the densities allowed under the R-4.5 zoning district. 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. The requested variance will in no way affect the permitted use status of the single - family residential dwellings allowed. This variance will allow the length of the cul -de -sac to exceed the maximum length by 82 feet. All other City standards will be maintained as discussed in this review process. 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. The impact of this variance will be limited to allowing the length of the cul-de -sac to exceed the maximum length by 82 feet. Existing natural systems, traffic, and drainage will not be effected by this variance since the impact of the variance is limited to allowing an increase to the length of the cul-de -sac. The hardship is not self- imposed and the variance requested is the minimum variance which would alleviate the hardship. The variance is not self - imposed as the variance is the result of surrounding development patterns that preclude street connectivity and the lot's shape that precludes the provision of a shorter cul-de -sac design which would allow for development at the densities allowed under the R-4.5 zoning. A redesign would would require the loss of a lot. The proposed design allows the proposed Tots to provide the required minimum street frontage. The variance is the minimum variance necessary as the approximately 82 -foot extension is the minimum variance which would alleviate the hardship. Variance - Requiring Planned Development for private streets serving greater than 6 dwelling units: Community Development Code Section 18.134.050 provides standards for granting a variance as indicated in "bold" print below: STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 12 • • 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. • The purposes of the Planned Development overlay zone are to provide means for creating • planned environments through the application of flexible standards. which allow for the application of new techniques and new technology in community development which will result in a superior living arrangement, and to encourage development that recognizes the • relationship between buildings, their use, open space, and accessways, thereby maximizing the opportunities for innovative and diversified living environments. The subject application does neither of these. Section 18.164.030(S) requires that a private street serving greater than six (6) dwelling units be reviewed as a planned development. The main reason for this to ensure review of an accessway designed to accommodate a planned development concept. The variance will not be detrimental to the purposes of this title as: 1. the 160 -foot section of the street will be designed to provide adequate access for the seven (7) dwelling units that will use the driveway; 2. the remaining street segment will meet the design standards of Section 18.108; and 3. not requiring a planned development review for a portion of the street will not preclude adequate review of the street design. 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 The special circumstances which exist are a condition of approval of a previous partition (MLP 93 -0010) requiring joint access, the limited length of the proposed street which will actually serve more than six (6) units and the subdivision design which does not meet the general purposes of, nor warrant, a planned development overlay zone review. 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. The requested variance will in no way affect the permitted use status of the single - family residential dwellings allowed. This variance is limited to the process by which the application and street is reviewed. All other City standards will be maintained as discussed in this review process. 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. Existing natural systems, traffic, and drainage will not be effected by this variance since the impact of the variance is limited to determining which process by which the street is reviewed. The hardship is not self- imposed and the variance requested is the minimum variance which would alleviate the hardship. The reason for the variance is not self - imposed as the variance is the result of a previous condition of approval of a previous partition (MLP 93 -0010) requiring joint access. The variance is the minimum variance necessary since it allows only one extra lot from the private street standard. The proposed subdivision allows the developer to develop at a density allowed by zoning and the comprehensive plan. STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 13 • Meeting the six unit limit would require the developer to lose a lot and therefore not maximize the development density as Metro and the City are striving for. Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a • subdivision application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. An arborist report has been submitted with this application which identifies the trees on the property and provides recommendations for removal and retention. Staff has talked with the consulting arborist to clarify the arborist report. Of all the woodlot trees, the arborist states that, all but five ( #'s 7,10,13,14,17) should be removed due to extensive decay. The report states that all five (5) of the healthy trees will be removed during construction. There are a total of eleven (11) trees, totaling 88 caliper inches, greater than 12 -inch caliper on the site, of which the applicant is removing five (5) trees. The applicant is retaining 54 percent of existing trees over 12 inches in caliper and is thus, required to mitigate 50 percent of the trees removed according to Section 18.150.025.B.2.c and 18.150.070.D. The applicant shall, therefore, prepare a plan detailing the mitigation of 44 caliper inches. Section 18.150.045.B states that, any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan according to Section 18.150.025 or 18.130.B., and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit impacted by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. Subdivision Design: Section 18.160.060(A) contains standards for subdivision of parcels into four or more lots. To be approved, a preliminary plat must comply with the following criteria: 1. The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations. The proposed subdivision complies with the Comprehensive Plan Map's Low Density Residential opportunity for the site, as well as with the applicable policies and regulations of the R-4.5 zone 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. The proposed name of the subdivision "Shannon Meadows ", is not duplicative of any other plat recorded in Washington County. 3. 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. The site does not abut properties with approved plats that would require conformity or connectivity. STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 14 4. An explanation has been provided for all common improvements. The a licant P P applicant 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 Standards: Section 18.164 contains standards for streets and utilities serving a subdivision. Improvements: Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. This section is satisfied as the existing right -of -way along SW 97th Avenue is adequate. A half - street improvement will be constructed and the proposed private street will be sufficient to serve the development. Future Street Plan and Extension of Streets: Section 18.164.030(F) states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is 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 and a barricade shall be constructed at the end of the street These street stubs to adjoining properties are not considered to be cul-de -sac since they are intended to continue as through streets at such time as the adjoining property is developed. The proposed plan shows how the adjacent properties are developed and the existing street system which supports those developments. Given the existing development pattern, it is not necessary, nor possible, to extend the proposed street to provide for future connections or facilitate future division of adjoining land. Street Alignment and Connections: Section 18.164.030(G) requires all local streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. This section is not applicable as there is no existing local street that abuts the property which would require extending or through circulation. Cul-de -sacs: 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. The applicant has requested a variance to this standard to allow the creation of a 482 -foot cul-de -sac. This variance has been approved and is discussed in the variance section. Private Streets: Section 18.164.030(S) states that the design standards for private streets shall be established by the City Engineer and that private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi- family residential developments. The applicant has requested a variance from this standard. The variance is narrow in scope in that only the beginning 160 feet of the private street will serve more than six (6) dwelling units. The width of the STAFF REPORT TO THE HEARINGS OFFICER SUB 96.0007 - SHANNON MEADOWS SUBDIVISION PAGE 15 • • proposed street has been approved by the Engineering Department. The variance has been approved and is discussed in the variance section. Block Design: Section 18.164.040(A) states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use • contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: 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: 1. Where street location is precluded by natural topography, wetlands or other bodies of water or, pre - existing development or; 2. For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. 3. For non - residential blocks in which internal public circulation provides equivalent access. This criteria is not applicable as the site is constrained from meeting the specified block perimeter due to existing development pattems. Block Lengths: 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. Given the existing surrounding development, the provision of a pedestrian connection is not feasible. Lots - Size and Shape: Section 18.164.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. As indicated on the site plan, all six (6) lots comply with this criteria. Lot Frontage: Section 18.164.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. As indicated on the site plan, all lots provide at least 25 feet of frontage on the proposed private street. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. As indicated on the site plan, a sidewalk is being provided along SW 97th Avenue, thereby satisfying this standard. PUBLIC FACILITY CONCERNS: Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: STREETS: This site lies adjacent to SW 97th Avenue which is classified as a major collector street on the City's Transportation Plan. The right -of -way (ROW) width required for a major collector is between 60 feet and 80 feet. The existing ROW width on the eastern side of STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 16 the street centerline is 1, feet. The City has determineddat the existing ROW is adequate. SW 97th Avenue is paved but not fully improved adjacent to this site. The applicant proposes to mitigate the impact of this project on the street system by installing a half- • street improvement along the site frontage. The plan assumes the existing pavement is adequate and the new improvement will be in addition to what is there versus rebuilding the half - street. The City recommends that the applicant be required to rebuild the half- . street from centerline unless the applicant can show that the existing pavement section will meet the City's design standards. This issue can be resolved as a part of the construction plan review for the public improvements. Because of the narrow configuration of this site, the applicant is proposing a private street to intersect with SW 97th Avenue. The proposed location of the intersection has been analyzed by the applicant's engineer with respect to sight distance along SW 97th Avenue. It appears the intersection will function well and does not pose a sight distance hazard. Therefore, we support the use and location of the private street. The applicant will be required to designate on the final plat that the private street will be jointly owned and maintained by the property owners within the subdivision. The applicant will be required to submit a draft of their Conditions, Covenants and Restrictions (CC &R's) that will include specific language as to how the private home owners are to maintain the street. WATER: This site can be served from a 6 -inch public water line in SW 97th Avenue. Plans for the proposed water system shall be included with the public improvement plans for the project and shall also be approved by the City's Water Department. There is an existing public fire hydrant on SW 97th Avenue that will need to be relocated as a part of this project; the - costs for this relocation shall be borne by the applicant. There are also water meters for the existing homes that will likely need relocation as a part of this project; the applicant shall bear the full cost of any relocation needed. As per the Uniform Fire Code, all portions of the proposed homes must be within 500 feet . of a fire hydrant, as measured along access ways. The applicant is encouraged to work with Tualatin Valley Fire and Rescue (Gene Birchill, 526 -2469) with regard to fire and life safety issues. SANITARY SEWER: The applicant proposes to serve this site from a public sewer line located adjacent to the northeast corner of the parcel. A public sewer line was extended south to this site from the main line in SW View Terrace and is located in a public easement. It appears the applicant's plan will function well. However, they will need to provide an access roadway from the private street hammerhead to the proposed new sanitary sewer manhole adjacent to the north property line. This roadway is required so City maintenance crews can get to the manhole to clean the sewer line. Because the Tots in this subdivision are very close to the minimum allowed, it seems impractical to require the access roadway to be placed in a tract. Therefore, we recommend that the applicant provide a public sanitary sewer and maintenance access easement over Lot 5 on the face of the plat. In addition, STAFF REPORT TO THE HEARINGS OFFICER SUB 96.0007 - SHANNON MEADOWS SUBDIVISION PAGE 17 • • the applicant shall record a special Restrictive Covenant for Lot 5 to ensure that the City will have uninhibited access to the roadway and that no fence or other permanent • improvements will be constructed over the roadway. STORM DRAINAGE: • This site slopes to the northeast. The applicant proposes to convey storm drainage from this site to a storm drainage lateral that was provided to this site from the Jubilee Place Subdivision. All storm water from the private street will be collected in a catch basin within the hammerhead portion of the private street. From there, a private storm pipe will tie into the existing storm lateral to the north. For lot drainage, the applicant proposes a private storm line along the north boundary of the lots to pick up the roof and foundation drains of the houses. This private storm line will also tie into the existing lateral to the north. The entire storm system in the project will be a private system and will be maintained by the property owners. A final design of this system shall be approved by the City prior to construction. The applicant will also be required to demonstrate that the downstream storm drainage system has capacity to serve this site, based on a 25 -year storm event (pre - developed versus post - developed). This downstream analysis shall be done in accordance with USA's Design and Construction Standards, which were adopted July 1996. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R &O 91 -75) which require the construction of on -site water quality facilities. However, the R &O provides that where a site is small, and installation of a water quality facility will prevent effective development of the site, a fee in -lieu is allowed. This site is small and the applicant would lose at least one lot if they were to attempt to install a facility. Therefore, Staff recommends the applicant pay the fee in -lieu. This fee will be based on the net increase in impervious surface (streets, sidewalk and roof tops). The fee will need to be calculated and paid prior to approval of the final plat. It is calculated as $180.00 for every 2,640 square feet (sf) of impervious area. Each lot is given a value of 2,640 sf of impervious area. GRADING AND EROSION CONTROL: USA R &O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per R &O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. EXISTING OVERHEAD UTILITY LINES: There are existing overhead utility lines along SW 97th Avenue. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed STAFF REPORT TO THE HEARINGS OFFICER SUB 96.0007 - SHANNON MEADOWS SUBDIVISION PAGE 18 • • underground or, at the election of the developer, a fee in -lieu of undergrounding can be paid. If the fee in -lieu is proposed, it is equal to S27.50 per lineal foot of street frontage ' • that contains the overhead lines. 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. The subdivision is consistent with Policy 2.1.1 because a neighborhood meeting was held by the applicant, notice of the public hearing was provided to owners of property within 250 feet and was published in a newspaper of general circulation. 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. Policy 4.2.1 is satisfied as the applicant shall pay a fee in -lieu of providing on- site water quality treatment as required by Unified Sewerage Agency Resolution and Order No. 91-47. Public Utilities: Policies 7.1.2, 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. Policies 7.1.2, 7.3.1 and 7.4.4 are satisfied because the developer is required to extend public sewer and water systems to this site prior to development. In addition, the developer is required to provide for underground installation of utility lines. . 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. Tualatin Valley Fire and Rescue was provided with a copy of the development plan in compliance with Policy 7.6.1. 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 The subdivision proposal complies with Policies 8.1.1 and 8.1.3 because the proposed improvements should contribute to a safe and efficient street system in this area. The proposed SW 97th Avenue improvements are consistent with City of Tigard standards for collector streets. The intemal street serving the subdivision shall also meet City standards in terms of design requirements for private streets. 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; STAFF REPORT TO THE HEARINGS OFFICER SUB 98x0007 - SHANNON MEADOWS SUBDIVISION PAGE 19 • • 4. The developer shall participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; and 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. • 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 private street serving the subdivision shall meet City standards in terms of design requirements. FINDINGS AND CONCLUSIONS - LOT LINE ADJUSTMENT Lot Line Adjustment - Approval Standards Section 18.162.060 contains the following standards for approval of a lot line adjustment request: 1. An additional parcel is not created by the Lot Line Adjustment, and the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by the zoning district; 2. By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the site development or zoning district regulations for that district; and 3. The resulting parcels are in conformity with the dimensional standards of the zoning district. The proposed lot line adjustment is consistent with these standards. The proposed adjustment will reconfigure the lot lines; however, an additional parcel will not be created by the adjustment. All lots will meet the 7,500 square foot minimum lot size and the 50 -foot average minimum lot width requirements of the R-4.5 zone. All site development improvements will remain consistent with Code requirements. Special Provisions for Lots Created Through Partition Process: Section 18.162.060 states that in addition to meeting the above standards, a Lot Line Adjustment must also meet the following criteria applicable to Tots created through the Minor Land Partition process: 1. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. 2. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. 3. Lot Frontage: Each lot created through the partition process shall front a public right -of -way by at least 15 feet, or have a legally recorded minimum 15 foot wide access easement 4. Setbacks: Setbacks shall be as required by the applicable zoning district. 5. Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is Tess than 10 feet Structures shall generally be located so as to maximize separation from existing structures. 6. Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 20 an abutting lot in accordance with Sections 18'0.080 and 18.100.090. Screening may also be required to maintain privacy for abutting Tots and to • provide usable outdoor recreation areas for proposed development. 7. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. 8. Reciprocal Easements: Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. 9. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. 10. Floodplain: Where landfill and /or development is allowed within or adjacent to the one - hundred -year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian /bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. Criteria 1 is satisfied as the minimum lot widths are 124, 124, and 140 feet respectively, thereby exceeding the 50 -foot minimum lot width. Criteria 2 is satisfied as the lot areas are approximately 15,109, 50,136, and 18,389 square feet, exceeding the minimum 7,500 minimum lot size requirement. Criteria 3 is satisfied as the lots contain approximately 134, • 25, and 125 feet of frontage on SW 97th Avenue, satisfying the minimum 15 -foot, minimum • width requirement. Criteria 4 shall be satisfied as the applicant is submitting a revised site plan which demonstrates that the existing residence complies with setbacks. Criteria 5 and 6 are not applicable as these Tots are not flag lots. Fire hydrants shall be consistent with Uniform Fire Code standards, thereby satisfying Criteria 7. A reciprocal easement and joint use and maintenance agreement shall be recorded with the approved subdivision plat map, thereby satisfying Criteria 8. Criteria 9 is satisfied as the existing residences will continue to use the existing driveways. Criteria 10 is not applicable as neither parcel is within the floodplain. SECTION V: OTHER STAFF COMMENTS The City of Tigard Building Department has reviewed this proposal and has offered the following comments: The private street should be a public sanitary and storm sewer, as well as all other utilities, easement. Engineering would permit and inspect all of that work. The City of Tigard Water Department and City of Tigard Police Department has reviewed this application and has offered no comments or objections. SECTION VI AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed this proposal and has offered the following comments: STAFF REPORT TO THE HEARINGS OFFICER SUB 96.0007 - SHANNON MEADOWS SUBDIVISION PAGE 21 • • Plans are not approved at this time. The applicant shall address the following plan notes and re- submit plans for review and approval: Fire apparatus access roads shall have an unobstructed width of not Tess than 20 feet (15 feet for not more than two dwelling units), and an unobstructed vertical clearance of not Tess than 13 feet 6 inches. (UFC Sec. 902.2.2.1). Where fire apparatus access roadways are not of sufficient width to accommodate parked vehicles, "No Parking" signs shall be installed on one or both sides of the roadway and in turnarounds as. needed (UFC Sec. 902.2.4). Signs shall read "NO PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810" and shall be installed with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters and border on a white background. (UFC Sec. 901.4.5.(1)(2) & (3)). Fire hydrants for single - family dwellings and duplexes shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief (UFC Sec. 903.4.2.2). The minimum available fire flow for single - family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) are 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A- III -A -1 (UFC Appendix III -A, Sec. 5). Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision (UFC Sec. 8704). Unified Sewerage Agency has reviewed this proposal and has offered the following comments: Sanitary Sewer: Each lot within the development shall be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R &O 96-44 (Unified Sewerage Agency's Construction Design Handbook, July 1996 edition). Engineer should verify public sanitary sewer is available to up -hill properties, or extend service as required by R &O 96-44. Storm Sewer: Each lot within the development should have access to public storm sewer. Engineer should verify that public storm sewer is available to up -hill adjacent properties, or extend storm service as required by R &O 96-44. Hydraulic and hydrological analysis of storm conveyance system is necessary. If downstream storm conveyance does not have the capacity to convey the volume during a 25 -year, 24 -hour event, the applicant is responsible for mitigating the flow. Water Quality: Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 22 • • PGE has reviewed this application and has offered no comments or objections. SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS • SUBMITTED TO THE CITY OF TIGARD WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. c% January 16. 1997 PREPARED BY: Will D'Andrea DATE Associate Planner 1a'P .eWr - �� .i January 21. 1997 APPROVED BY: Richard Bewers • . rff DATE Planning Manager I:\CURPLMPATT ASUB96- 07.Dee STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 23 - -- - ------ - •------ - - --__ -- ---------- iv- ----- --- ----- ------- ... , , 1 I ll ItkW v 7 A (ow - ' II r----1-- ---- 1 int + MI6 1 : 1 . - 1 : l 1 1 ---,-- MIN -EI)1-1.-• , 1 c , go - __L•m•Ip al P- I re - i 7 MA PlIkAll :„ - 1 . „ LiN omm 111 g JAI 1 Iiikill 111111..111 1 co ,' Mr grp al', wars wIllIr• ii. 1 "Y"FFR Illatelisp %I -Wil IN 0 : Mel & 111111.11 . 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I TERIRA L • V / 1 7/l 9790 ---I I 23 24 t . ,A 7 700 I I in ; I ' \-- - - 1 3I a r4 Taro 1 r,a T900 CE. Z i }� i � \ L I 1 I J 1 . 1 ) / el O 1 i rat a 700 • >m CL m V O • J ' I ' L -- � \ SW IMEZ STREET • a co eo y On = IQ O d co 1.. V y O CITY OF TIGARD PLANNING DIVISION L\ • EXIN :T SUB 96- 0001 /MIS 96 -0021 SHANNON MEADOWS SUBDIVISION NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER R ', Richard Whiteman PO Box 2065 Lake Oswego, OR 97035 Ted Olson 3500 SW Trail Road Tualatin, OR 97062 Jim Harris Harris - McMonagle Associates 12555 SW Hall Boulevard Tigard, OR 97223 Craig Smelter 9487 SW Inez Tigard, OR 97224 Randy Warren 9534 SW Jubilee PI. Tigard, OR 97224 Robert Roemhildt 14415 SW 94th Court Tigard, OR 97224 Robert Roemhildt 14415 SW 94th Court Tigard, OR 97223 SUB 96 -0007 /MIS 96- 0027NAR 96-0015 SHANNON MEADOWS SUBDIVISION TIN V` vP q 4 n t'c't TUALATIN VALLEY FIRE & RESCUE k FIRE PREVENTION 4755 S.W. Griffith Drive . P.O. Box 4755 . Beaverton, OR 97076 . (503) 526 -2469. FAX 526 -2538 RESC' September 29, 1997 RECEIVED PLANNING OCT 0 6 1997 Jim Harris Harris - McMonagle Associates CITY OF TIGARD 12555 S.W. Hall Blvd. Tigard, Oregon 97223 -6287 Re: Shannon Meadows 14380 S.W. 97 File Number: 1288 -97 Dear Jim: This is a Fire and Life Safety Plan Review and is based on the 1994 editions of the Uniform Fire Code (UFC) and those sections of the Uniform Building Code (UBC) and Uniform Mechanical Code (UMC) specifically referencing the fire department, and other local ordinances and regulations. Plans for the above noted project are conditionally approved subject to the following: Where fire apparatus access roadways are not of sufficient width to accommodate parked vehicles and maintain the minimum 20 foot wide unobstructed driving surface, "No parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed. (UFC Sec. 902.2.4). Signs shall read "NO PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810" and shall be installed with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters and border on a white background. (UFC Sec. 901.4.5(1)(2) &(3)) If you have questions or need additional information, please contact me at 526 -2469 referring to the above noted file number. Sincerely, 4A- Jerry L. Renfro, DFM Plans Examiner JLR:kw cc: City of Tigard Planning Div.:/ "Working" Smoke Detectors Save Lives _ .44.41 L j11.1 CITY OF TIGARD • February 18, 1997 OREGON Richard Whiteman PO Box 2065 Lake Oswego, OR 97035 Re: SUB 96 -0007 Dear Mr. Whiteman: This letter is to inform you that an appeal has not been filed on your Subdivision application (SUB 96- 0007). . If you have any questions conceming this information, please feel free to contact me at 639 -4171. Sincerely, . W el./ P Will D'Andrea AssociatePlanner, AICP i:\curpin \will\sub96 -07.ft4 c: SUB 96 -0007 land use file • 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 .n , cx ;.�.,a_R_-_ _- it za:.. ^T•- ,"..::. _-. _ _ .-- :.:.r_ .rx¢_� �,.- ., -..; - - ..��:.� - ^^� :.:i:. ��= s:::s.:.:�.:�' :_a.r-�,:i_',:.._ _ November 1, 1996 CITY OF TIGARD Richard Whiteman OREGON PO Box 2065 Lake Oswego, OR 97035 - Re: Notice of Incomplete Submittal Dear Mr. Whiteman: The Planning Division has conducted a preliminary review of Subdivision (SUB) 96 -0007, an application for a 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.) Additional application fee of $64.00. The submittal includes a Subdivision ($2,185.00) and Lot Line Adjustment ($54.00). The total fee for this application is $2,239.00. Attached is a copy of the fee schedule. 2.) Signature of the adjoining property owner (tax lot 9300) authorizing involvement in the proposed lot line adjustment. 3.) Tree plan, in accordance with Community Development Code, 18.150.025. The plan shall specify the preservation and /or mitigation plan proposed for the subdivision. If you have any questions conceming this information, please feel free to contact me at (503) 639-4171. Sincerely, J G [`mac William D'Andrea, Associate Planner, AICP i. c;urpinlwill\sub96 -07.Itr SUB 96 -0007 land use file - .} - -- I AOAfIr 01 I / 1 I ..n no, T..........J •n n9nnn Irn•r L AA rr■r■ Irnn■ .. A nTn . Agenda Item: 2 • Hearing Date: January 27. 1997 Time: 7 :00 PM STAFF REPORT TO THE HEARINGS OFFICER : ,,,�•a, CITY OF TIGARD FOR THE CITY OF TIGARD, OREGON Community (Development Shaping A Better Community SECTION I: APPLICATION SUMMARY CASES: FILE NAME: SHANNON MEADOWS SUBDIVISION Subdivision SUB 96 -0007 Lot Line Adjustment MIS 96 -0027 Variance VAR 96 -0015 PROPOSAL: The applicant has requested the following development applications: 1. Lot Line Adjustment request to adjust three (3) parcels of approximately 12,632, 55,756 and 15,246 square feet into three (3) lots of approximately 15,109, 50,136, and 18,389 . square feet; 2. Subdivision preliminary plat approval to divide the parcel of approximately 50,136 square feet into five (5) lots ranging between 7,503 to 15,109 square feet; 3. Variance request to allow a cul-de -sac length of .482 feet, whereas, the code states that the maximum length of a cul -de -sac shall be 400 feet in length; and 4. Variance request to not require a planned development for a private street serving more,than six (6) dwelling units. APPLICANT: Richard Whiteman OWNER: Ted Olson PO Box 2065 3500 SW Trail Road Lake Oswego, OR 97035 Tualatin, OR 97062 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential (1 -5 dwelling units per acre). ZONING DESIGNATION: Residential, 4.5 units per acre (R -4.5). LOCATION: South of SW McDonald Street and on the east side of SW 97th Avenue; WCTM 2S111 BA, Tax Lots 09100, 09200 and 09300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.80, 18.92, 18.100, 18.102, 18.106, 18.108, 18.134, 18.150, 18.160, 18.162 and 18.164. Comprehensive Plan Policies 2.1.1, 4.2.1, 7.1.2, 7.3.1, 7.4.4, 7.6.1, 8.1.1 and 8.1.3. STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 1 SECTION II: STAR RECOMMENDATION: • The Planning Director's Designee recommends that the Hearings Officer find that the proposed Subdivision will not adversely affect the health, safety and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following . recommended conditions of approval: CONDITIONS OF APPROVAL ALL CONDITIONS SHALL BE SATISFIED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. UNLESS OTHERWISE SPECIFIED, THE STAFF CONTACT FOR ALL CONDITIONS IS BRIAN RAGER WITH THE . ENGINEERING DEPARTMENT, (503) 639 - 4171: ::::.. 1. Prior to approval of the final plat, a public improvement permit and compliance agreement is required for this project. Six (6) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit nine (9) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address, and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on- site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 4. The public improvement plans shall indicate the applicant will construct standard half - street improvements along the frontage of SW 97th Avenue. The improvements adjacent to this site shall include: a. City standard pavement section from curb to centerline equal to 22 feet; NOTE: If the applicant can demonstrate that the existing pavement on the east half of the roadway will meet City standards, the City may allow the applicant to tie on to the existing pavement and not rebuild the half - street to centerline. STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 2 b. pavement t ss needed to tie the new improvant back into the existing edge of pavement shall be built beyond the site frontage; c. curb and gutter; • d. storm drainage, including any off -site storm drainage necessary to convey subsurface runoff; e. six (6) -foot concrete sidewalk; f. street striping; g. streetlights as determined by the City Engineer; h. underground utilities NOTE: The applicant may be eligible to pay a fee in -lieu of undergrounding existing overhead utilities. i. street signs (if applicable); j. driveway apron (if applicable); and k. adjustments in vertical and /or horizontal alignment to construct SW 97th Avenue in a safe manner, as approved by the Engineering Department. 5. A profile of SW 97th Avenue shall be required, extending 300 feet either side of the subject site, showing the existing grade and proposed future grade. 6. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners who abut and take access from it. 7. Prior to approval_ of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC &R's) for this project to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street. The CC &R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street. The applicant shall submit a copy of the CC &R's to the Engineering Department.prior to approval of the final plat. 8. Any extension of public water lines shall be shown on the proposed public improvement construction drawings and shall be reviewed and approved by the City's Water Department. 9. The applicant shall bear the expense of relocating the existing fire hydrant in SW 97th Avenue. They shall also bear any expense related to relocation of water meters to the existing homes. 10. All portions of the home sites shall be within 500 feet of a fire hydrant as measured along an accessways. 11. The applicant shall provide sanitary sewer laterals to the adjacent undeveloped properties. 12. The applicant shall construct a 10- foot -wide (minimum) maintenance access roadway from the proposed hammerhead tum- around, to the proposed sanitary sewer manhole adjacent to the northwest comer of Lot 5. The roadway shall be constructed per the City's design standards (3- inches of Class "C" asphalt over 8- inches of 3/4- STAFF REPORT TO THE HEARINGS OFFICER SUB 960007 - SHANNON MEADOWS SUBDIVISION PAGE 3 inch minus crushrock) and shall be placed within a -foot-wide public sanitary sewer and maintenance access easement. The easement shall be shown on the face of the final plat. In addition, the applicant shall record with the plat, a Restrictive Covenant for Lot 5 to ensure that the City will have uninhibited access to the access roadway, and that no fence or other permanent improvement will be constructed over the roadway. A draft of the Restrictive Covenant shall be submitted to the - Engineering Department prior to approval of the final plat. 13. Prior to issuance of the public improvement permit, the applicant's design engineer shall submit documentation, for review by the City, of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform an analysis of the drainage system downstream of the development, to a point in the drainage system where the proposed development site constitutes 10 percent or less of the total tributary drainage volume, but in no event less than 1/4 mile. 14. If the capacity of any downstream public storm conveyance system or culvert is surpassed during the 25 -year design storm event due directly to the development, the developer shall correct the capacity problem or construct an on -site detention facility. 15. Prior to approval of the final plat, the applicant shall pay the fee in -lieu of constructing an on -site water quality facility. The fee is based on the total area of new impervious surfaces in the proposed development, which includes the new public street and sidewalk areas. In addition, a standard value of 2,640 square feet of hard surface is assessed to each individual lot. Payment of the fee can be split into two (2) parts: a. the portion based on surface area of new streets and sidewalk shall be paid by the applicant prior to approval of the final plat; and NOTE: The applicant shall provide the Engineering Department with surface area calculations for the streets and sidewalk in order for this fee to be calculated. b. the portion assessed to each lot ($180/lot at present) can be paid at the time building permits are issued for the individual lots. 16. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 17. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of the lots that are to be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code. STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDMSION PAGE 4 18. The applicant shaether, place the existing overhead ity lines along SW 97th Avenue underground as a part of this project, or they s all pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, it shall be paid prior to approval of the final plat. 19. Revised site and landscaping plans shall be submitted for review by the Planning Division. Staff Contact: WII D'Andrea. The revised plans shall include the following: a. demonstrates that the existing structure is in compliance with setback standards; b. street trees to be spaced no greater than 30 feet apart along both SW 97th Avenue and the proposed private street; and c. tree mitigation of 44 caliper inches, in accordance with Community Development Code Section 18.150.070.D. d. 24 foot pavement width for the section of the private street fronting lot 1. 20. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC &R's) for this project, to be recorded with the final plat, that provides a deed restriction to the effect that any preserved tree may be removed only if the tree dies or is hazardous according to a certified arborist. This shall be in accordance with Community Development Code Section 18.150.045.B. 21. Obtain approval from Tualatin Valley Fire and Rescue for the proposed street, hydrant location, and no- parking signage plans. PRIOR TO THE ISSUANCE OF A BUILDING PERMIT, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian ager :' with the Engineering Department (503) 639 -4171. 22. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision /partition plat. 23. Prior to issuance of any building permits within the subdivision, the public improvements shall be deemed substantially complete by the City Engineer. Substantial completion shall be when: a. all utilities are installed and inspected for compliance, including franchise utilities; b. all local residential streets have at least one (1) lift of asphalt; c. any off -site street and /or utility improvements are completely finished; and d. all street lights are installed and ready to be energized. 24. Prior to issuance of building permits, the applicant shall provide the City with as -built drawings of the public improvements as follows: a. mylars; and STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 5 b. a diskette It as- builts in "DWG" format (if available), otherwise "DXF" will be acceptable. Note: If the public improvement drawings were hand - drawn, then a diskette is not required. PRIOR TO THE. ISSUANCE OF OCCUPANCY PERMITS, THE FOLLOWING CONDITION SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian Rag er . . with the Engineering Department at(503) 639 - 4171.) 25. All site improvements installed per the approved plans. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE;. THIS IS NOT AN EXCLUSIVE LIST: 18.160.170 Improvement Agreement: 1. Before City approval is certified on the final plat; and before approved construction plans are issued by the City, the Subdivider shall: a. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and b. 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. 2. 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. 18.160.180 Bond: • 1. As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: a. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; b. 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 c. Cash. 2. 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. 3. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 6 • 18.160.190 Filing and Recording: 1. 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. 2. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 18.162.080 Final Plat Application Submission Requirements: 1. Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 2. The subdivision 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. 3. 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). 3. All centerline monuments shall be set during the first lift of pavement. 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. 18.164 Street & Utility Improvement Standards: 1. 18.164.120 Utilities A. 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 STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 7 ground, ter /vary utility service facilities duringlknstruction, high capacity electric lines operating at 50,000 volts or above. 2. 18.164.130 Cash or Bond Required A. 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. B. 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. C. The cash or bond shall comply with the terms and conditions of Section 18.160.180. 3. 18.164.150 Installation: Prerequisite /Permit Fee A. 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. 4. 18.164.180 Notice to City Required A. Work shall not begin until the City has been notified in advance. _ B. If work is discontinued for any reason, it shall not be resumed until the City is notified. 5. 18.164.200 Engineer's Certification Required A. 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 to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III: BACKGROUND INFORMATION Site History: The existing parcels were created through the recording of Minor Land Partition (93 -0010) in 1993. No other development applications were found to have been filed with the City. Vicinity Information: STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 8 • Property to the north, east, and south is zoned R-4.5 (Residential, 4.5 units per acre). Property to the west is zoned R -3.5 (Residential, 3.5 units per acre). The surrounding area is predominantly developed with single - family, detached residential housing. Site Information and Proposal Description: The subject properties are currently developed with two (2) single - family residences. The property slopes easterly from an elevation of approximately 290 to an elevation of approximately 268. The applicant is proposing the following development applications: 1. Lot Line Adjustment request to adjust three (3) parcels of approximately 12,632, 55,756 and 15,246 square feet into three (3) Tots of approximately 15,109, 50,136, and 18,389 square feet; 2. Subdivision preliminary plat approval to divide the parcel of approximately 50,136 square feet into five (5) lots ranging between 7,503 to 15,109 square feet; 3. Variance request to allow a cul -de -sac length of 482 feet, whereas, the code states that the maximum length of a cul -de -sac shall be 400 feet in length; and 4. A second Variance request to not require a planned development for a private street serving more than six (6) dwelling units. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Dimensional Requirements: Section 18.50 states that the minimum lot area for each single - family lot in the R-4.5 zoning district is 7,500 square feet and the minimum lot width requirement is 50 feet. As indicated on the site plan, each of the newly created lots will exceed the minimum lot size and width requirement. Setbacks: Section 18.50 states that single - family detached residential units are a permitted use in the zone, and must comply with the following dimensional requirements: Minimum lot size 7,500 Square Feet Average lot width 50 feet Front setback 20 Feet Garage setback 20 Feet Interior sideyard setback 5 Feet Comer sideyard setback 15 Feet Rear setback 15 Feet Maximum building height 30 Feet Compliance with setbacks on lots 2-6 will be reviewed during the Building permit review process. However, as indicated on the site plan, lots 2-6 can accommodate the required setbacks. The applicant has informed staff that the location of the existing residence on parcel one (1) is incorrectly located, as shown on the preliminary plan. The residence is actually setback 16 feet from the property line of parcel two (2). The applicant shall be STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 9 required to submit a re d plan which demonstrates that a existing structure is in compliance with the setback standards. Solar Access: Section 18.88.040(C)(1) contains solar access standards for new residential development. A lot meets 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 parcels meet this standard. The Performance option states that a lot complies with this section if habitable structures built on the lot will have their long axis oriented within 30 degrees of a true east -west axis, and at least 80 percent of their ground floor south wall will be protected from shade by structures and non - exempt vegetation. The proposed lots can provide front lot lines that are oriented within 30 degrees of a true east -west axis and provide for a north -south dimension of 90 feet. Therefore, the proposed plan provides lots that comply with the provisions of this section. Density: Section 18.92.020 contains standards for determining the permitted project density. The number of allowable dwelling units is based on the net development area. The net area is the remaining area, excluding sensitive lands, land dedicated for public roads or parks, or for private roadways. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots which may be created on a site. The gross area of the site is approximately 50,136 square feet. The net developable area of the site (after deduction of 20% of the gross area for public right -of -way) is approximately 40,108 square feet. With a minimum of 7,500 square feet per lot, this site yields an opportunity for up to five (5) lots under the R-4.5 zoning designation. The applicant is proposing five (5) lots, and is therefore, in compliance with density requirements. While the preliminary plat shows six (6) lots, this plan reflects the adjusted property line between tax lots 09100 and 09200. The proposal is, therefore, in compliance with the density calculations. Landscaping: Section 18.100 contains landscaping standards for new development The applicant must comply with the standards set forth in Section 18.100.035 which requires that all development projects fronting on a public or private street, or a private driveway more than 100 feet in length plant street trees. Street Trees: Section 18.100.035(B) states the specific spacing of street trees by size of tree shall be as follows: 1. Small or narrow stature trees (under 25 feet tall and less than 16 feet wide branching) shall be spaced no greater than 20 feet apart; 2. Medium sized trees (25 feet to 40 feet tall, 16 feet to 35 feet wide branching) shall be spaced no greater than 30 feet apart; 3. Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40 feet apart. The preliminary plan does not show the provision of street trees in accordance with this section. Therefore, a revised landscape plan shall be submitted that provides for street trees to be spaced no greater than 30 feet apart along both SW 97th Avenue and the proposed private street. STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 10 visual Clearance Areasaection 18.102 requires that a ar vision area shall be maintained on the corners of all property adjacent to intersecting right -of -ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right -of -way and the driveway and then connecting these two 30 foot distance points with a straight line. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height The height is measured from the top of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. As indicated on the site plan, this criteria is satisfied. Access: Section 18.108.070.A states that the minimum width of accessways serving up to 6 lots shall be 25 feet with 20 feet of pavement width. The preliminary plan shows the provision of a 25 -foot driveway with 20 feet of pavement width, in accordance with this section. A condition of the previous Minor Land Partition (MLP 93 -0010) required a joint access and maintenance agreement to require three (3) properties to share a common driveway. This condition was imposed because SW 97th Avenue is classified as a Major Collector street. The report stated that direct access to major, collector or arterial streets shall only be considered if there is no altemative way to access the site. and that access for the existing homes should be a joint access. Section 18.164.030(S) states that private streets serving more than six (6) dwelling units are permitted only within planned developments, mobile home parks, and multi - family residential developments, and that the design standards for private streets shall be established by the City Engineer. Given the joint access condition of the previous partition, the proposed street will be serving seven (7) dwelling units. The initial 160 feet of the private street will be serving more than six (6) dwelling units, the remaining 320 -foot portion of the street will serve five (5) dwelling units. The applicant requests variance approval from the standard which requires approval through a planned development for streets serving more than six (G) dwelling units, for 160 feet of the proposed private street. The variance request is addressed in the variance section of this staff report. Access standards allow up to six (6) dwelling units to be served by a 20- foot -wide paved section of a private street. The standard two -way traffic width for accessways is 24 feet. Since the street is in excess of six (6) units, the 160 -foot street section should be revised to provide for a 24 -foot minimum pavement width. Consideration should also be given to the fact that tax lots 09100 and 09300 have the potential to be partitioned in the future, thus adding two (2) additional driveways onto the private street. Emergency vehicle turnaround: Section 18.108.070.C. states that access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by a hammerhead configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet As indicated on the site plan, the turnaround provided complies with the dimensions specified by this section. Variance - Cul-de -sac Length: Community Development Code Section 18.134.050 provides standards for granting a variance as indicated in "bold" print below: STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 11 The proposed variance l not be materially detrimental tee 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. The variance will not be materially detrimental to City policy or standards as the private street dimensions are in accordance with access standards, an emergency vehicle tumaround has been provided, and the street is serving Tess than 20 lots. The variance will not be detrimental to other properties in the vicinity as variance is limited to an 82 -foot extension of the length of an approved cul-de -sac. Plans also must be approved by the Fire District. 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 The special circumstances which exist are the size and shape of the existing parcel and surrounding development patterns which prohibit any potential connection to another public street. Surrounding existing development patterns necessitate the provision of a cul-de -sac to serve this subdivision. The property's narrow width and length precludes the provision of a shorter cul-de -sac design which would allow for development at the densities allowed under the R-4.5 zoning district. 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. The requested variance will in no way affect the permitted use status of the single - family residential dwellings allowed. This variance will allow the length of the cul-de -sac to exceed the maximum length by 82 feet. All other City standards will be maintained as discussed in this review process. 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. The impact of this variance will be limited to allowing the length of the cul-de -sac to exceed the maximum length by 82 feet. Existing natural systems, traffic, and drainage will not be effected by this variance since the impact of the variance is limited to allowing an increase to the length of the cul-de -sac. The hardship is not self- imposed and the variance requested is the minimum variance which would alleviate the hardship. The variance is not self - imposed as the variance is the result of surrounding development patterns that preclude street connectivity and the lot's shape that precludes the provision of a shorter cul-de -sac design which would allow for development at the densities allowed under the R-4.5 zoning. A redesign would would require the loss of a lot. The proposed design allows the proposed Tots to provide the required minimum street frontage. The variance is the minimum variance necessary as the approximately 82 -foot extension is the minimum variance which would alleviate the hardship. Variance - Requiring Planned Development for private streets serving greater than 6 dwelling units: Community Development Code Section 18.134.050 provides standards for granting a variance as indicated in "bold" print below: STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 12 The proposed variance it not be materially detrimental to e ur oses of this title, P P 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. The purposes of the Planned Development overlay zone are to provide means for creating planned environments through the application of flexible standards. which allow for the • application of new techniques and new technology in community development which will result in a superior living arrangement, and to encourage development that recognizes the relationship between buildings, their use, open space, and accessways, thereby maximizing the opportunities for innovative and diversified living environments. The subject application does neither of these. Section 18.164.030(S) requires that a private street serving greater than six (6) dwelling units be reviewed as a planned development. The main reason for this to ensure review of an accessway designed to accommodate a planned development concept. The variance will not be detrimental to the purposes of this title as: 1. the 160 -foot section of the street will be designed to provide adequate access for the seven (7) dwelling units that will use the driveway; 2. the remaining street segment will meet the design standards of Section 18.108; and 3. not requiring a planned development review for a portion of the street will not preclude adequate review of the street design. 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 The special circumstances which exist are a condition of approval of a previous partition (MLP 93 -0010) requiring joint access, the limited length of the proposed street which will actually serve more than six (6) units and the subdivision design which does not meet the general purposes of, nor warrant, a planned development overlay zone review. 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. The requested, variance will in no way affect the permitted use status of the single - family residential dwellings allowed. This variance is limited to the process by which the application and street is reviewed. All other City standards will be maintained as discussed in this review process. 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. Existing natural systems, traffic, and drainage will not be effected by this variance since the impact of the variance is limited to determining which process by which the street is reviewed. The hardship is not self - imposed and the variance requested is the minimum variance which would alleviate the hardship. The reason for the variance is not self - imposed as the variance is the result of a previous condition of approval of a previous partition (MLP 93 -0010) requiring joint access. The variance is the minimum variance necessary since it allows only one extra lot from the private street standard. The proposed subdivision allows the developer to develop at a density allowed by zoning and the comprehensive plan. STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 13 Meeting the six unit limit would re uire the develo er to lo• a lot and g q p of a d not maximize the development density as Metro and the City are striving for. Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a subdivision application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. An arborist report has been submitted with this application which identifies the trees on the property and provides recommendations for removal and retention. Staff has talked with the consulting arborist to clarify the arborist report. Of all the woodlot trees, the arborist states that, all but five ( #'s 7,10,13,14,17) should be removed due to extensive decay. The report states that all five (5) of the healthy trees will be removed during construction. There are a total of eleven (11) trees, totaling 88 caliper inches, greater than 12 -inch caliper on the site, of which the applicant is removing five (5) trees. The applicant is retaining 54 percent of existing trees over 12 inches in caliper and is thus, required to mitigate 50 percent of the trees removed according to Section 18.150.025.B.2.c and 18.150.070.D. The applicant shall, therefore, prepare a plan detailing the mitigation of 44 caliper inches. Section 18.150.045.B states that, any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan according to Section 18.150.025 or 18.130.B., and shall not be subject to removal under any other section of this chapter. The property owner shall record a deed restriction as a condition of approval of any development permit impacted by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. Subdivision Design: Section 18.160.060(A) contains standards for subdivision of parcels into four or more lots. To be approved, a preliminary plat must comply with the following criteria: 1. The proposal must comply with the City's Comprehensive Plan, the applicable zoning ordinance and other applicable ordinances and regulations. The proposed subdivision complies with the Comprehensive Plan Map's Low Density Residential opportunity for the site, as well as with the applicable policies and regulations of the R-4.5 zone 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. The proposed name of the subdivision "Shannon Meadows", is not duplicative of any other plat recorded in Washington County. 3. 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. The site does not abut properties with approved plats that would require conformity or connectivity. STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 14 4. An explanation haeen provided for all common imivements. 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 Standards: Section 18.164 contains standards for streets and utilities serving a subdivision. Improvements: Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street This section is satisfied as the existing right -of -way along SW 97th Avenue is adequate. A half - street improvement will be constructed and the proposed private street will be sufficient to serve the development. Future Street Plan and Extension of Streets: Section 18.164.030(F) states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is 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 and a barricade shall be constructed at the end of the street These street stubs to adjoining properties are not considered to be cul-de -sac since they are intended to continue as through streets at such time as the adjoining property is developed. The proposed plan shows how the adjacent properties are developed and the existing street system which supports those developments. Given the existing development pattern, it is not necessary, nor possible, to extend the proposed street to provide for future connections or facilitate future division of adjoining land. Street Alignment and Connections: Section 18.164.030(G) requires all local streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. This section is not applicable as there is no existing local street that abuts the property which would require extending or through circulation. Cul-de -sacs: 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. The applicant has requested a variance to this standard to allow the creation of a 482 -foot cul-de -sac. This variance has been approved and is discussed in the variance section. Private Streets: Section 18.164.030(S) states that the design standards for private streets shall be established by the City Engineer and that private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi- family residential developments. The applicant has requested a variance from this standard. The variance is narrow in scope in that only the beginning 160 feet of the private street will serve more than six (6) dwelling units. The width of the STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 15 proposed street has been a• pproved by the Engineering Dept inent. The variance has been approved and is discussed in the variance section. Block Design: Section 18.164.040(A) states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: 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: 1. Where street location is precluded by natural topography, wetlands or other bodies of water or, pre - existing development or; 2. For blocks adjacent to arterial streets, limited access highways, major collectors or railroads. 3. For non - residential blocks in which internal public circulation provides equivalent access. This criteria is not applicable as the site is constrained from meeting the specified block perimeter due to existing development patterns. Block Lengths: 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. Given the existing surrounding development, the provision of a pedestrian connection is not feasible. Lots - Size and Shape: Section 18.164.060(A) prohibits lot depth from being more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. As indicated on the site plan, all six (6) Tots comply with this criteria. Lot Frontage: Section 18.164.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. As indicated on the site plan, all lots provide at least 25 feet of frontage on the proposed private street. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. As indicated on the site plan, a sidewalk is being provided along SW 97th Avenue, thereby satisfying this standard. PUBLIC FACILITY CONCERNS: Sections 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) shall be satisfied as specified below: STREETS: This site lies adjacent to SW 97th Avenue which is classified as a major collector street on the City's Transportation Plan. The right -of -way (ROW) width required for a major collector is between 60 feet and 80 feet. The existing ROW width on the eastern side of STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 16 the street centerline is •feet. The City has determined•t the existing ROW is adequate. SW 97th Avenue is paved but not fully improved adjacent to this site. The applicant proposes to mitigate the impact of this project on the street system by installing a half- street improvement along the site frontage. The plan assumes the existing pavement is adequate and the new improvement will be in addition to what is there versus rebuilding the half - street. The City recommends that the applicant be required to rebuild the half- - street from centerline unless the applicant can show that the existing pavement section will meet the City's design standards. This issue can be resolved as a part of the construction plan review for the public improvements. Because of the narrow configuration of this site, the applicant is proposing a private street to intersect with SW 97th Avenue. The proposed location of the intersection has been analyzed by the applicant's engineer with respect to sight distance along SW 97th Avenue. It appears the intersection will function well and does not pose a sight distance hazard. Therefore, we support the use and location of the private street. The applicant will be required to designate on the final plat that the private street will be jointly owned and maintained by the property owners within the subdivision. The applicant will be required to submit a draft of their Conditions, Covenants and Restrictions (CC &R's) that will include specific language as to how the private home owners are to maintain the street. - WATER: This site can be served from a 6 -inch public water line in SW 97th Avenue. Plans for the proposed water system shall be included with the public improvement plans for the project and shall also be approved by the City's Water Department. There is an existing public fire hydrant on SW 97th Avenue that will need to be relocated as a part of this project; the costs for this relocation shall be borne by the applicant. There are also water meters for the existing homes that will likely need relocation as a part of this project; the applicant shall bear the full cost of any relocation needed. As per the Uniform Fire Code, all portions of the proposed homes must be within 500 feet of a fire hydrant, as measured along access ways. The applicant is encouraged to work with Tualatin Valley Fire and Rescue (Gene Birchill, 526 -2469) with regard to fire and life safety issues. SANITARY SEWER: The applicant proposes to serve this site from a public sewer line located adjacent to the northeast comer of the parcel. A public sewer line was extended south to this site from the main line in SW View Terrace and is located in a public easement. It appears the applicant's plan will function well. However, they will need to provide an access roadway from the private street hammerhead to the proposed new sanitary sewer manhole adjacent to the north property line. This roadway is required so City maintenance crews can get to the manhoie to clean the sewer line. Because the Tots in this subdivision are very close to the minimum allowed, it seems impractical to require the access roadway to be placed in a tract. Therefore, we recommend that the applicant provide a public sanitary sewer and maintenance access easement over Lot 5 on the face of the plat. In addition, STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 17 applicant shall record • special Restrictive Covenant for Lot the a 5 to ensure the City pp p o sure that ty will have uninhibited access to the roadway and that no fence or other permanent improvements will be constructed over the roadway. STORM DRAINAGE: This site slopes to the northeast. The applicant proposes to convey storm drainage from this site to a storm drainage Lateral that was provided to this site from the Jubilee Place Subdivision. All storm water from the private street will be collected in a catch basin within the hammerhead portion of the private street. From there, a private storm pipe will tie into the existing storm lateral to the north. For lot drainage, the applicant proposes a private storm line along the north boundary of the lots to pick up the roof and foundation drains of the houses. This private storm line will also tie into the existing lateral to the north. The entire storm system in the project will be a private system and will be maintained by the property owners. A final design of this system shall be approved by the City prior to construction. The applicant will also be required to demonstrate that the downstream storm drainage system has capacity to serve this site, based on a 25 -year storm event (pre - developed versus post - developed). This downstream analysis shall be done in accordance with USA's Design and Construction Standards, which were adopted July 1996. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R &O 91 -75) which require the construction of on -site water quality facilities. However, the R &O provides that where a site is small, and installation of a water quality facility will prevent effective development of the site, a fee in -lieu is allowed. This site is small and the applicant would lose at least one lot if they were to attempt to install a facility. Therefore, Staff recommends the applicant pay the fee in -lieu. This fee will be based on the net increase in impervious surface (streets, sidewalk and roof tops). The fee will need to be calculated and paid prior to approval' of the final plat. It is calculated as $180.00 for every 2,640 square feet (sf) of impervious area. Each lot is given a value of 2,640 sf of impervious area. GRADING AND EROSION CONTROL: USA R &O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per R &O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. EXISTING OVERHEAD UTILITY LINES: There are existing overhead utility lines along SW 97th Avenue. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 18 underground or, at the eation of the developer, a fee in-lieu under grounding 9 P 9 9 can be paid. If the fee in -lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. 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. The subdivision is consistent with Policy 2.1.1 because a neighborhood meeting was held by the applicant, notice of the public hearing was provided to owners of property within 250 feet and was published in a newspaper of general circulation. 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. Policy 4.2.1 is satisfied as the applicant shall pay a fee in -lieu of providing on- site water quality treatment as required by Unified Sewerage Agency Resolution and Order No. 91-47. Public Utilities: Policies 7.1.2, 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. Policies 7.1.2, 7.3.1 and 7.4.4 are satisfied because the developer is required to extend public sewer and water systems to this site prior to development. In addition, the developer is required to provide for underground installation of utility lines. 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. Tualatin Valley Fire and Rescue was provided with a copy of the development plan in compliance with Policy 7.6.1. 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. The subdivision proposal complies with Policies 8.1.1 and 8.1.3 because the proposed improvements should contribute to a safe and efficient street system in this area. The proposed SW 97th Avenue improvements are consistent with City of Tigard standards for collector streets. The intemal street serving the subdivision shall also meet City standards in terms of design requirements for private streets. 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; STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 - SHANNON MEADOWS SUBDIVISION PAGE 19 4. The developer shall • • participate in the improvement of existing streets, curbs, and sidewalks to the extent of the development's impacts; and 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. 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 private street serving the subdivision shall meet City standards in terms of design requirements. FINDINGS AND CONCLUSIONS - LOT LINE ADJUSTMENT Lot Line Adjustment - Approval Standards: Section 18.162.060 contains the following standards for approval of a lot line adjustment request: 1. An additional parcel is not created by the Lot Line Adjustment, and the existing parcel reduced in size by the adjustment is not reduced below the minimum lot size established by the zoning district; 2. By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the site development or zoning district regulations for that district; and 3. The resulting parcels are in conformity with the dimensional standards of the zoning district The proposed lot line adjustment is consistent with these standards. The proposed adjustment will reconfigure the lot lines; however, an additional parcel will not be created by the adjustment. All lots will meet the 7,500 square foot minimum lot size and the 50 -foot average minimum lot width requirements of the R-4.5 zone. All site development improvements will remain consistent with Code requirements. Special Provisions for Lots Created Through Partition Process: Section 18.162.060 states that in addition to meeting the above standards, a Lot Line Adjustment must also meet the following criteria applicable to Tots created through the Minor Land Partition process: 1. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. 2. Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. 3. Lot Frontage: Each lot created through the partition process shall front a public right -of -way by at least 15 feet, or have a legally recorded minimum 15 foot wide access easement. 4. Setbacks: Setbacks shall be as required by the applicable zoning district. 5. Front Yard Determination for Flag Lot: When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. 6. Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of STAFF REPORT TO THE HEARINGS OFFICER SUB 96 -0007 • SHANNON MEADOWS SUBDIVISION PAGE 20 an abutting lot accordance with Sections 18..080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. 7. Fire Protection; The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. 8. Reciprocal Easements: Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. 9. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. 10. Floodplain; Where landfill and /or development is allowed within or adjacent to the one - hundred -year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian /bicycle pathway with the floodplain in accordance with the adopted pedestrian /bicycle pathway plan. Criteria 1 is satisfied as the minimum lot widths are 124, 124, and 140 feet respectively, thereby exceeding the 50 -foot minimum lot width. Criteria 2 is satisfied as the lot areas are approximately 15,109, 50,136, and 18,389 square feet, exceeding the minimum 7,500 _ minimum lot size requirement. Criteria 3 is satisfied as the lots contain approximately 134, 25, and 125 feet of frontage on SW 97th Avenue, satisfying the minimum 15 -foot, minimum width requirement. Criteria 4 shall be satisfied as the applicant is submitting a revised site plan which demonstrates that the existing residence complies with setbacks. Criteria 5 and 6 are not applicable as these Tots are not flag lots. Fire hydrants shall be consistent with Uniform Fire Code standards, thereby satisfying Criteria 7. A reciprocal easement and joint use and maintenance agreement shall be recorded with the approved subdivision plat map, thereby satisfying Criteria 8. Criteria 9 is satisfied as the existing residences will continue to use the existing driveways. Criteria 10 is not applicable as neither parcel is within the floodplain. SECTION V: OTHER STAFF COMMENTS The City of Tigard Building Department has reviewed this proposal and has offered the following comments: The private street should be a public sanitary and storm sewer, as well as all other utilities, easement. Engineering would permit and inspect all of that work. The City of Tigard Water Department and City of Tigard Police Department has reviewed this application and has offered no comments or objections. SECTION VI AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed this proposal and has offered the following comments: STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 21 Plans are not approved lids time. The applicant shall add(' the following plan notes and re- submit plans for review and approval: Fire apparatus access roads shall have an unobstructed width of not Tess than 20 feet (15 - feet for not more than two dwelling units), and an unobstructed vertical clearance of not less than 13 feet 6 inches. (UFC Sec. 902.2.2.1). Where fire apparatus access roadways are not of sufficient width to accommodate parked vehicles, "No Parking" signs shall be installed on one or both sides of the roadway and in turnarounds as needed (UFC Sec. 902.2.4). Signs shall read "NO PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810" and shall be installed with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters and border on a white background. (UFC Sec. 901.4.5.(1)(2) & (3)). Fire hydrants for single - family dwellings and duplexes shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief (UFC Sec. 903.4.2.2). The minimum available fire flow for single - family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) are 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A- III -A -1 (UFC Appendix III -A, Sec. 5). Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision (UFC Sec. 8704). Unified Sewerage Agency has reviewed this proposal and has offered the following comments: Sanitary Sewer: Each lot within the development shall be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R &O 96-44 (Unified Sewerage Agency's Construction Design Handbook, July 1996 edition). Engineer should verify public sanitary sewer is available to up -hill properties, or extend service as required by R &O 96-44. Storm Sewer: Each lot within the development should have access to public storm sewer. Engineer should verify that public storm sewer is available to up -hill adjacent properties, or extend storm service as required by R &O 96-44. Hydraulic and hydrological analysis of storm conveyance system is necessary. If downstream storm conveyance does not have the capacity to convey the volume during a 25 -year, 24 -hour event, the applicant is responsible for mitigating the flow. Water Quality: Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 22 • • PGE has reviewed this application and has offered no comments or objections. SUBDIVISION APPROVAL SHALL BE VALID ONLY IF THE FINAL PLAT IS SUBMITTED TO THE CITY OF TIGARD WITHIN EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS DECISION. January 16. 1997 PREPARED BY: WiII D'Andrea DATE Associate Planner January 21. 1997 APPROVED BY: Richard Bewers e , rff DATE Planning Manager LICURPLNIPATTYlSUB96-07.Dec STAFF REPORT TO THE HEARINGS OFFICER SUB 96-0007 - SHANNON MEADOWS SUBDIVISION PAGE 23 4.5 (7.soo S.F. LOTS) r WI awe NOCK L IMO SINGLE FAMILY /10441S ON TWO TM xors TYPICAL STREET SECTION rn SINGLE sox s FAMILY x.ors 1.37 ACM X PRIVATE ROADS MP SOU (n ,; I; 1 1 I I m ,� C NOT 1 P E 1 N R 0 I S E I. Oa1f.AnO m 1 .0 71 �� `� I i f � i 1 r,,2 r7,100 I rA moo 1 ret moo \ `\ �, rat low N I 14 L rrr Ira 1 1 7 -- rn 1 j li 1 1 ' _. — - - — - : \ A l a ra�moo 1 r�i a�a7 ; 2 �`a" x � /� I x 1 ') I- 3 �_ • \ \ — , ] S10rW o.ru 21fIN L J rr/ 1 I , I ' 7,t 7YW YW Nil - -. - � � = -!Y - _•r- - - ^ r�t0 � •� � rj r 1; b 1 ? JI U B I,C E E I P L A CI; E wn VIEW "�"' E ....4 ' Z ; ; _ I'' i 1 , TA Lao i rir a oaa II r i l ' , 1 ....... 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I I EMIL tf. 1 I I • 1 T . . i i \111111 , I". co - I ---, i i i i 1 1 itAi< cm • _ 1 1 1 1 i i _____ I i ,_ , 41111111 H 1 li----fcc__BELutmz 0; i______J.,,,...pei„Lii„, ilo i ---"L 1 I 1 . ,___..... ... „ , i r ily,---il >1 ..___H--1 1,-----L-LJ : 1-• Hill I II> LF-1 F HF-1 t a r 0 • . , . < . _ , 1 1 . , 1 1 , SATT1pksT_ . SATTLER ! if L) I ! I I- , --\ 1 1 I M r I i , 7 , . . f--i---r---i 5.-i--, tw- ■ 1--- i 1 7 Vicinity Map SUB 96-0007/M1S 96-0027 A Shannon Meadows Subdivision ......„,...... N . • • MEMORANDUM CITY OF TIGARD, OREGON DATE: January 14, 1997 TO: Will D'Andrea, Planning Division FROM: Brian Rager, Development Review Engineer RE: SUB 96 -007, Shannon Meadows Subdivision Description: The applicant is proposing a 6 -lot subdivision on property adjacent to SW 97th Avenue (WCTM 2S1 11 BA, Tax Lots 9100, 9200 and 9300. Findings: 1. Streets: This site lies adjacent to SW 97th Avenue which is classified as a major collector street on the City's Transportation Plan. The right -of -way (ROW) width required for a major collector is between 60 feet and 80 feet. The existing ROW width on the eastern side of the street centerline is 30 feet. The City has determined that the existing ROW is adequate. SW 97th Avenue is paved but not fully improved adjacent to this site. The applicant proposes to mitigate the impact of this project on the street system by installing a half- street improvement along the site frontage. The plan assumes the existing pavement is adequate and the new improvement will be in addition to what is there versus rebuilding the half - street. The City recommends that the applicant be required to rebuild the half- street from centerline unless the applicant can show that the existing pavement section will meet the City's design standards. This issue can be resolved as a part of the construction plan review for the public improvements. Because of the narrow configuration of this site, the applicant is proposing a private street to intersect with SW 97th Avenue. The proposed location of the intersection has been analyzed by the applicant's engineer with respect to sight distance along SW 97th Avenue. It appears the intersection will function well and does not pose a sight distance hazard. Therefore, we support the use and location of the private street. The ENGINEERING COMMENTS SUB 96 -0007 Shannon Meadows PAGE 1 • • applicant will be required to designate on the final plat that the private street will be jointly owned and maintained by the property owners within the subdivision. The applicant will be required to submit a draft of their Conditions, Covenants and Restrictions (CC &R's) that will include specific language as to how the private home owners are to maintain the street. 2. Water: This site can be served from a 6 -inch public water line in SW 97th Avenue. Plans for the proposed water system shall be included with the public improvement plans for the project and shall also be approved by the City's Water Department. There is an existing public fire hydrant on SW 97th Avenue that will need to be relocated as a part of this project; the costs for this relocation shall be borne by the applicant. There are also water meters for the existing homes that will likely need relocation as a part of this project; the applicant shall bear the full cost of any relocation needed. As per the Uniform Fire Code, all portions of the proposed homes must be within 500 feet of a fire hydrant, as measured along access ways. The applicant is encouraged to work with Tualatin Valley Fire and Rescue (Gene Birchill, 526 -2469) with regard to fire and life safety issues. 3. Sanitary Sewer: The applicant proposes to serve this site from a public sewer line located adjacent to the northeast corner of the parcel. A public sewer line was extended south to this site from the main line in SW View Terrace and is located in a public easement. It appears the applicant's plan will function well. However, they will need to provide an access roadway from the private street hammerhead to the proposed new sanitary sewer manhole adjacent to the north property line. This roadway is required so City maintenance crews can get to the manhole to clean the sewer line. Because the lots in this subdivision are very close to the minimum allowed, it seems impractical to require the access roadway to be placed in a tract. Therefore, we recommend that the applicant provide a public sanitary sewer and maintenance access easement over Lot 5 on the face of the plat. In addition, the applicant shall record a special Restrictive Covenant for Lot 5 to ensure that the City will have uninhibited access to the roadway and that no fence or other permanent improvements will be constructed over the roadway. ENGINEERING COMMENTS SUB 96 -0007 Shannon Meadows PAGE 2 • • 4. Storm Drainage: This site slopes to the northeast. The applicant proposes to convey storm drainage from this site to a storm drainage lateral that was provided to this site from the Jubilee Place Subdivision. All storm water from the private street will be collected in a catch basin within the hammerhead portion of the private street. From there, a private storm pipe will tie into the existing storm lateral to the north. For lot drainage, the applicant proposes a private storm line along the north boundary of the lots to pick up the roof and foundation drains of the houses. This private storm line will also tie into the existing lateral to the north. The entire storm system in the project' will be a private system and will be maintained by the property owners. A final design of this system shall be approved by the City prior to construction. The applicant will also be required to demonstrate that the downstream storm drainage system has capacity to serve this site, based on a 25 -year storm event (pre - developed versus post - developed). This downstream analysis shall be done in accordance with USA's Design and Construction Standards, which were adopted July 1996. 5. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91 -47, as amended by R &O 91 -75) which require the construction of on -site water quality facilities. However, the R &O provides that where a site is small, and installation of a water quality facility will prevent effective development of the site, a fee in -lieu is allowed. This site is small and the applicant would lose at least one lot if they were to attempt to install a facility. Therefore, Staff recommends the applicant pay the fee in -lieu. This fee will be based on the net increase in impervious surface (streets, sidewalk and roof tops). The fee will need to be calculated and paid prior to approval of the final plat. It is calculated as $ 180.00 for every 2,640 square feet (sf) of impervious area. Each lot is given a value of 2,640 sf of impervious area. 6. Grading and Erosion Control: USA R &O 91 -47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per R &O 91- 47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. ENGINEERING COMMENTS SUB 96 -0007 Shannon Meadows PAGE 3 • • 7. Existing Overhead Utility Lines: There are existing overhead utility lines along SW 97th Avenue. Section 18.164.120 of the TMC requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in -lieu of undergrounding can be paid. If the fee in -lieu is proposed, it is equal to $ 27.50 per lineal foot of street frontage that contains the overhead lines. Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Note: Unless otherwise noted, the staff contact for the following conditions will be Brian Rager, Engineering Department (639- 4171). 1. Prior to approval of the final plat, a public improvement permit and compliance agreement is required for this project. Six (6) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit nine (9) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 2. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. All construction vehicle parking shall be provided on -site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the ENGINEERING COMMENTS SUB 96 -0007 Shannon Meadows PAGE 4 • • construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 4. The public improvement plans shall indicate the applicant will construct standard half- street improvements along the frontage of SW 97th Avenue. The improvements adjacent to this site shall include: a. City standard pavement section from curb to centerline equal to 22 feet. NOTE: If the applicant can demonstrate that the existing pavement on the east half of the roadway will meet City standards, the City may allow the applicant to tie on to the existing pavement and not rebuild the half - street to centerline. b. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage c. curb and gutter d. storm drainage, including any off -site storm drainage necessary to convey subsurface runoff e. 6 foot concrete sidewalk f. street striping g. streetlights as determined by the City Engineer h. underground utilities (NOTE: the applicant may be eligible to pay a fee in -lieu of undergrounding existing overhead utilities) i. street signs (if applicable) j. driveway apron (if applicable) k. adjustments in vertical and /or horizontal alignment to construct SW 97th Avenue in a safe manner, as approved by the Engineering Department. 5. A profile of SW 97th Avenue shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 6. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street will be jointly owned and maintained by the private property owners who abut and take access from it. 7. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC &R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street. The CC &R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street. The applicant shall submit a copy of the CC &R's to the Engineering Department (Brian Rager) prior to approval of the final plat. ENGINEERING COMMENTS SUB 96 -0007 Shannon Meadows PAGE 5 • • 8. Any extension of public water lines shall be shown on the proposed public improvement construction drawings and shall be reviewed and approved by the City's Water Department. 9. The applicant shall bear the expense of relocating the existing fire hydrant in SW 97th Avenue. They shall also bear any expense related to relocation of water meters to the existing homes. 10. All portions of the home sites shall be within 500 feet of a fire hydrant as measured along an accessways. 11. The applicant shall provide sanitary sewer laterals to the adjacent undeveloped properties. 12. The applicant shall construct a 10 -foot wide (minimum) maintenance access roadway from the proposed hammerhead turn - around to the proposed sanitary sewer manhole adjacent to the northwest corner of Lot 5. The roadway shall be constructed per the City's design standards (3- inches of Class "C" asphalt over 8- inches of 3/4 -inch minus crushed rock) and shall be placed within a 15 -foot wide public sanitary sewer and maintenance access easement. The easement shall be shown on the face of the final plat. In addition, the applicant shall record with the plat a Restrictive Covenant for Lot 5 to ensure that the City will have uninhibited access to the access roadway and that no fence or other permanent improvement will be constructed over the roadway. A draft of the Restrictive Covenant shall be submitted to the Engineering Department (Brian Rager) prior to approval of the final plat. 13. Prior to issuance of the public improvement permit, the applicant's design engineer shall submit documentation, for review by the City (Brian Rager), of the downstream capacity of any existing storm facility impacted by the proposed development. The design engineer must perform an analysis of the drainage system downstream of the development to a point in the drainage system where the proposed development site constitutes 10 percent or less of the total tributary drainage volume, but in no event less than 1/4 mile. 14. If the capacity of any downstream public storm conveyance system or culvert is surpassed during the 25 -year design storm event due directly to the development, the developer shall correct the capacity problem or construct an on -site detention facility. 15. Prior to approval of the final plat, the applicant shall pay the fee in -lieu of constructing an on -site water quality facility. The fee is based on the total ENGINEERING COMMENTS SUB 96 -0007 Shannon Meadows PAGE 6 • • area of new impervious surfaces in the proposed development, which includes the new public street and sidewalk areas. In addition, a standard value of 2,640 sf of hard surface is assessed to each individual lot. Payment of the fee can be split into two parts: 1) the portion based on surface area of new streets and sidewalk shall be paid by the applicant prior to approval of the final plat, 2) the portion assessed to each lot ($180 /lot at present) can be paid at the time building permits are issued for the individual lots. The applicant shall provide the Engineering Department (Brian Rager) with surface area calculations for the streets and sidewalk in order for the fee under "1)" above to be calculated. 16. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994. 17. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of the lots that are to be "pad" graded to insure that the drainage is directed to the street or a public facility approved by the Engineering Department. A soils report shall be provided detailing the soil compaction requirements consistent with the requirements of Appendix Chapter 33 of the Uniform Building Code (UBC). 18. The applicant shall either place the existing overhead utility lines along SW 97th Avenue underground as a part of this project, or they shall pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 27.50 per lineal foot. If the fee option is chosen, it shall be paid prior to approval of the final plat. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: 19. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision /partition plat. 20. Prior to issuance of any building permits within the subdivision, the public • improvements shall be deemed substantially complete by the City Engineer. Substantial completion shall be when: 1) all utilities are installed and inspected for compliance, including franchise utilities, 2) all local residential streets have at least one lift of asphalt, 3) any off -site street and /or utility ENGINEERING COMMENTS SUB 96 -0007 Shannon Meadows PAGE 7 • • improvements are completely finished, and 4) all street lights are installed and ready to be energized. 21. Prior to issuance of building permits, the applicant shall provide the City with as -built drawings of the public improvements as follows: 1) mylars, and 2) a diskette of the as- builts in "DWG" format, if available; otherwise "DXF" will be acceptable. Note: if the public improvement drawings were hand - drawn, then a diskette is not required. INADDITION «:THE APPLI.CANT.SHOULD BE>AWARE >.OF. >: THE FOLLOWING SECTIONS OF THE COMMUNITYDEVELOPMENT CODE, TH I N T >AN :EXC 18.160.170 Improvement Agreement: 1. Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: A. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and B. 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. 2. 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. 18.160.180 Bond: 1. As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: A. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; B. 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 ENGINEERING COMMENTS SUB 96 -0007 Shannon Meadows PAGE 8 • • C. Cash. 2. 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. 3. The subdivider shall not cause termination of nor allow expiration of said guarantee without having first secured written authorization from the City. 18.160.190 Filing and Recording: 1. 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. 2. Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded final plat. 18.162.080 Final Plat Application Submission Requirements: 1. Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 2. The subdivision 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. 3. 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). 3. All centerline monuments shall be set during the first lift of pavement. ENGINEERING COMMENTS SUB 96 -0007 Shannon Meadows PAGE 9 i • 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. 18.164 Street & Utility Improvement Standards: 1. 18.164.120 Utilities A. 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. 2. 18.164.130 Cash or Bond Required A. 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. B. 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. C. The cash or bond shall comply with the terms and conditions of Section 18.160.180. 3. 18.164.150 Installation: Prerequisite /Permit Fee A. 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. 4. 18.164.180 Notice to City Required A. Work shall not begin until the City has been notified in advance. ENGINEERING COMMENTS SUB 96 -0007 Shannon Meadows PAGE 10 • • B. If work is discontinued for any reason, it shall not be resumed until the City is notified. 5. 18.164.200 Engineer's Certification Required A. 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 to the City acceptance of the subdivision's improvements or any portion thereof for operation and maintenance. I: \ENG \BRIANR \COMMENTS \SUB96 -07. BDR ENGINEERING COMMENTS SUB 96 -0007 Shannon Meadows PAGE 11 • • ' � At•. ,�, ' CITY OF TIGARD Community (Deueropment Shaping )1 Better Community PUBLIC HEARING NOTICE 1 , NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, JANUARY 27. 1997 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 WILL CONSIDER THE FOLLOWING APPLICATION: FILE NO(S).: SUBDIVISION (SUB) 96 -0007 LOT LINE ADJUSTMENT (MIS) 96 -0027 VARIANCE (VAR) 96 -0015 FILE TITLE: SHANNON MEADOWS SUBDIVISION APPLICANT: Richard Whiteman OWNER: Ted Olson PO Box 2065 3500 SW Trail Road - Lake Oswego, OR 97035 Tualatin, OR 97062 REQUEST > A request for the following development applications: 1.) Lot Line Adjustment request to adjust three (3) parcels of approximately 12,632, - 55,756, and 15,246 square feet into three (3) lots of approximately 15,109, 50,136, and 18,389 square feet; and 2.) Subdivision preliminary plat approval to divide the parcel of approximately 50,136 square feet into five (5) lots ranging between 7,503 to 15,109 square feet; -and 3.) Variance request for approval of the following: (1.) to allow a cul-de -sac length of 440 feet, whereas, the code states that the maximum length of a cul-de -sac shall be 400 feet in length; and (2.) to allow a reduction to the required rear -yard setback of an existing dwelling; and (3.) to allow a private driveway to serve greater than six (6) lots. LOCATION: South of SW McDonald Street, north of SW Murdock Street, and on the east side of SW 97th Avenue. WCTM 2S111 BA, Tax Lots 09100, 09200 and 09300. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.80, 18.100, 18.102, 18.106, 18.108, 18.134, 18.150, 18.160, 18.162, and 18.164. ZONE: R -4.5; Residential, 4.5 units per acre. The purpose of the R-4.5 zone is to allow single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. SUB 96-0007/MIS 96.0027 SHANNON MEADOWS SUBDIVISION NOTICE OF 1/27197 H.O. PUBLIC HEARING ASSISTIVE LISTENING DEVICES AVAILABLE FOR PERSONS WITH IMMRED 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 JANUARY 6. 1997, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE 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 ACCOMPANIED BY STATEMENTS OR EVIDENCE SUFFICIENT TO ALLOW THE HEARINGS AUTHORITY AND ALL PARTIES TO RESPOND PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION FROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL TO THE LAND USE BOARD OF APPEALS BASED ON THAT ISSUE. ALL DOCUMENTS AND APPLICABLE CRITERIA IN THE ABOVE -NOTED FILE ARE AVAILABLE FOR INSPECTION AT NO COST OR COPIES CAN BE OBTAINED FOR TWENTY -FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY -FIVE CENTS (25c) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER WILLIAM D'ANDREA AT (503) 639 -4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. eacr._ _- ^ • • , • -;— 17 .1131SUBJECT-___I I ‘N \ \ \\ = .� „- PARCELS -» -- - Ill I J • - SUB 96-0007/MIS 96.0027 SHANNON MEADOWS SUBDMSION NOTICE OF 1127/97 H.O. PUBLIC HEARING j•_ �PT 1/4 n A. e • `c% TUALATIN VALLEY FIRE & RESCUE FIRE PREVENTION S.W. Griffith Drive . P.O. Box 4755 . Beaverton, OR 97076.503 526-2469 _ U J a i 4755 ( ) 26 -2469 . FAX 526 2538 ' ''ks RES To: Lt.) 1 L L Date: t a /S ❑ WC ❑ CC ❑ MC ❑ BV pj.TI 0 TU ❑ DU ❑ SH ❑ WI ❑ KC Jurisdiction File Number: Project Name: ,5 fa n) A.- 0 ti l I r ry )t; c,!`) j L , z) J Project Addre •' ' Au E.- L 9 „ - TVF &R File Number. l 'n - c") -54'; j'til (,)1� (Whenever referring t o this project please include the TVF&R File Number) 4 rt Project approved / \ Project not approved - Please address items checked below and re- submit plans for review and approval to the: raTVF &R Fire Marshal's Office ❑ Planning Department having jurisdiction for routing to the TVF &R Fire Marshal's Office Project conditionally approved subject to correction of items checked below. - This is a Fire and Life Safety Plan Review and is based on the 1994 Editions of the Uniform Fire Code (UFC) and those sections of the Uniform Building Code (UBC) and Uniform Mechanical Code (UMC) specifically referencing the fire department, and other local ordinances, regulations and guidelines. 1) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUND& Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the exterior of the building. An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. (UFC Sec. 902.2.1) - 2) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION; When buildings are completely protected with an approved automatic fire sprinkler system, the requirements for fire apparatus access may be modified as approved by the Chief. (UFC Sec. 902.2.1 Exception 1) 3) ADDITIONAL ACCESS ROADS; Where there are 20 or more dwellings, an approved second fire apparatus access roadway Z must be provided to a city/county roadway or access easement. (UFC Sec. 902.2.2) r _4) FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE; Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (15 feet for not more than two dwelling units), and an unobstructed vertical clearance ofcot less than i3 feet 6 inches. (UFC Sec. 902.2.2.1) 5) SURFACE AND LOAD CAPACITIES; Fire apparatus access roads" shall be of an all- weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 50,000 pounds live load (gross vehicle weight). (UFC Sec. 902.2.2.2) Please provide documentation from a registered engineer that the design will be capable of supporting such loading. Please provide documentation from a registered engineer that the fmished construction is in accordance with the approved plans or the requirements of the Fire Code. 6) TURNING RADIUS; The inside turning radius and outside turning radius shall not be Tess than 25 feet and 45 feet respectfully, as measured from the same center point. (UFC Sec. 902.2 2.3) 7) DEAD END ROADS; Dead end fire apparatus access roads in excess of feet in length shall be provided with an approved turnaround. Diagrams of approved turnarounds are available from the fire district. (UFC Sec. 902.2.2.4) . 8) BRIDGES: Bridges shall be designed, inspected and final construction approved by a registered engineer. The bridge shall be designed in accordance with the American Association of Highway and Transportation Officials "Standard Specifications for Highway Bridges." The bridge shall be designed for a live Toad sufficient to carry 50,000 pounds. (UFC Sec. 902.2.2.5) X 9) NO PARKING SIGNS; Where fire apparatus access roadways are not of sufficient width to accommodate. parked vehicles, "No Parking" signs shall be installed on one or both sides of the roadway an:. in turnarounds as needed. (UFC Sec. 902.2.4) Signs shall read "NO PARKING - FIRE LANE - TOW AWAY ZONE, ORS 98.810" and shall be installed with a clear space above ground level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall have black or red letters and border on a white background. (UFC Sec. 901.4.5.(1) (2) & (3)) "Working" Smoke Detectors Save Lives • Page 1 of 2 • TVF &R File Number • 10) GRADE; Fire apparatus access roadway grades shall not exceed an average grade of TO percent with a maximum grade of 15 percent for lengths of no more than 200 feet. (UFC Sec. 902.2.2.6). Intersections and turnarounds shall be level (maximum 5 %) with the exception of crowning for water run -off. 11) PAINTED CURBS; Fire apparatus access roadway curbs shall be painted yellow and marked "NO PARKING FIRE LANE" at each 25 feet. Lettering shall have a stroke of not less than one inch wide by six inches high. (UFC Sec. 901.4.5.2) 12) COMMERCIAL BUILDINGS - MINIMUM NUMBER OF FIRE HYDRANTS; The minimum number of fire hydrants for a building shall be based on the required fire flow prior to giving any credits for fire protection systems. There shall not be less than one (1) fire hydrant for the first 2,000 gallons per minute (GPM) required fire flow and one (1) additional fire hydrant for each 1,000 GPM or portion thereof over 2,000 GPM. Fire hydrants shall be evenly spaced around the building and their locations shall be approved by the Chief. (UFC Sec. 903.4.2.1) 13) COMMERCIAL BUILDINGS - FIRE HYDRANTS: No portion of the exterior of a commercial building shall be located more than 250 feet from a fire hydrant when measured in an approved manner around the outside of the building and along an A approved fire appatatus access roadway. (UFC Sec. 903.4.2.1) 14) SINGLE FAMILY DWR LINGS - FIRE HYDRANTS: Fire hydrants for single family dwellings and duplexes shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 903.4.2.2) 15) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall not be located more than 15 feet from an approved fire apparatus access roadway. (UFC Sec. 903.4.2.4) 16) FIRE HYDRANT / FIRE DEPARTMENT CONNECTION: A fire hydrant shall be located within 70 feet of a fire department connection (FDC). Fire hydrants and FDC's shall be located on the same side of the fire apparatus access roadway. (UFC Sec. 903.4.2.5) FDC locations shall be as approved by the Chief. (1996 Oregon Structural Specialty Code, Sec. 904.1.1) 17) FIRE DEPARTMENT CONNECTIONS ON BUILDINGS; Fire department connections shall not be located on the building that is being protected. (UFC Sec. 903.4.2.5) 18) COMMERCIAL BUILDINGS - REWIRED FIRE FLOW; The required fire flow for the building shall not exceed 3,000 gallons per minute (GPM) or the available GPM in the water delivery system at 20 psi. A worksheet for calculating the required fire flow is available from the Fire Marshal's office. (UFC Sec. 903.3) ,K 19) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) are 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A- III-A -1. (UFC Appendix III -A, Sec. 5) 20) RURAL BUILDINGS - REQUIRED FIRE FLOW; Required fire flow for rural buildings shall be calculated in accordance with National Fire Protection Association Standard 1231. Please contact the Fire Marshal's office for special help and other requirements that will apply. (UFC Sec. 903.3) X 21) ACCESS AND FIREFIGHTING WATER SUPPLY DURING CONSTRUCTION; Approved fire apparatus access roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) 22) KNOX BOX; A Knox Box for building access is required for this building. Please contact the Fire Marshal's Office for an application and instructions regarding installation and placement. 23) REQUIRED INSPECTIONS: Please contact the Fire Marshal's office at the appropriate times for inspection of the following: 24) 25) E [3 c i L i-1- i D ) s E2 6 ,, , a Plan Reviewer Signature Title cc: l Pe C Page 2 of 2 • • • CITY OF TIGARD Community cDeve(opment Shaping Better Community REQUEST FOR COMMENTS DATE: December 19,1996 TO: Brian Moore, PCE FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea 1x3151 Phone: (50316394111 Fax: (5031 684-7297 RE: SUBDIVISION [SUM 96- 0007 /LOT LINE ADJUSTMENT (MIS) 96 -0021 ➢ SHANNON MEADOWS SUBDIVISION Q A request for the following development applications: (1.) Lot Line Adjustment request to adjust three (3) parcels of approximately 12,632, 55,756 and 15,246 square feet in to three (3) lots of approximately 15,109, 50,136 and 18,389 square feet; and (2.) Subdivision preliminary plat approval to divide the parcel of approximately 50,136 square feet into five (5) Tots ranging between 7,503 to 15,109 square feet. LOCATION: South of SW McDonald Street, north of SW Murdock Street, and on the east side of SW 97th Avenue. WCTM 2S111 BA, Tax Lots 09100, 09200 and 09300. ZONE: R -4.5; Residential, 4.5 units per acre. The purpose of the R-4.5 zone is to allow single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.80, 18.100, 18.102, 18.106, 18.108, 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: Mandl December 30,1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable tQ respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing ae, soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR PLEISE 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: ( (Oi ase provide Melba-awing information) Name of Persons) Commenting: -- 62.0sv3 Matir2 _s Phone Numberlsl: SUB 96-0007 /MIS 96-0027 SHANNON MEADOWS SUBDIVISION PROPOSAUREQUEST FOR COMMENTS • f , UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY MEMORANDUM DATE: December 23,1996 TO: William D'Andrea, City of Tigard FROM: Julia Huffman, USA SUBJECT: Shannon Meadows Subdivision, SUB 96- 0007/MIS 96 -0027 SANITARY SEWER Each lot within the development shall be provided with a means of disposal for sanitary sewer. The means of disposal should be in accordance with R &O 96 -44 (Unified Sewerage Agency's Construction Design Handbook, July 1996 edition). Engineer should verify public sanitary sewer is available to up -hill adjacent properties, or extend service as required by R &O 96 -44. STORM SEWER Each lot within the development should have access to public storm sewer. Engineer should verify that public storm sewer is available to up -hill adjacent properties, or extend storm service as required by R &O 96 -44. Hydraulic and hydrological analysis of storm conveyance system is necessary. If downstream storm conveyance does not have the capacity to convey the volume during a 25 -year, 24 -hour storm event, the applicant is responsible for mitigating the flow. WATER QUALITY Developer should provide a water quality facility to treat the new impervious surface being constructed as part of this development. :is 155 North First Avenue, Suite 270, MS 10 Phone: 503/648 -8621 Hillsboro, Oregon 97124 , / FAX: 503/640 -3525 • • CITY OF TIGARD Community cDeve(opment Shaping Better Community REQUEST FOR COMMENTS DATE: December 19,1996 t5 v 0 u TO: Lee Walker, USA/SWM Program DEC 2 0 lyti FROM: City of Tigard Planning Division STAFF CONTACT: William Phone: (50316 111 Fax: (50316847297 RE: SUBDIVISION (SUB) 96- 0007 /LOT LINE ADJUSTMENT [MIS) 96 -0021 ➢ SHANNON MEADOWS SUBDIVISION Q A request for the following development applications: (1.) Lot Line Adjustment request to adjust three (3) parcels of approximately 12,632, 55,756 and 15,246 square feet in to three (3) lots of approximately 15,109, 50,136 and 18,389 square feet; and (2.) Subdivision preliminary plat approval to divide the parcel of approximately 50,136 square feet into five (5) lots ranging between 7,503 to 15,109 square feet. LOCATION: South of SW McDonald Street, north of SW Murdock Street, and on the east side of SW 97th Avenue. WCTM 2S111 BA, Tax Lots 09100, 09200 and 09300. ZONE: R -4.5; Residential, 4.5 units per acre. The purpose of the R -4.5 zone is to allow single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.80, 18.100, 18.102, 18.106, 18.108, 18.160 and 18.164. Attached is the SRO Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday December 30,1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable t4 respond bythe 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 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: (cP&ase provide the forkrwing information) Name of Persons) Commendn . Phone Numberlsl: — bey?) SUB 96-0007/MIS 96 -0027 SHANNON MEADOWS SUBDIVISION PROPOSAUREQUEST FOR COMMENTS ' 4.5 (7.500 S.F. Lots) s w /-A KU AMA E.: IN0 SINGLE FAMILY HOMES ON TWO TAX LOTS TYPICAL STREET SECTION iSE: SEX SINGLE FAMILY LOTS Ian A PRIVATE ROADS ~ I ----- - - Iowa >t- -�- d ' I 1 �� I � r I 1\ m1 GENERAL NOTM: I 1; ; 1 ► t 4,..., FA MAO ,n 5 • 1 \ ,,[ � ,, wl P E I N R 0 IS E °° ►.y W , I �J� I ,n me I \ , NI 33 1 i smarm,' =o if L W ' „ 1 �I I 1 \ ■ — \ \ I �n Etl00 I In tlGPO I N 101 St. p._4 u[ 111 IK [/[ '� ' x j I i I I \ — — I _I ' ro M ar A OWE r o D I b l ? ,/ I U B l. C E E I P A CI; E wn w TERRACE s- iv z Z z ` ;o .rl I T�[.IW 1 T m oc ' y l ' T E I k R A (, E 47 vi. � • I 11 ►n29o9 I I D ' r......1 } � .1 ' [nsr9w ti 4'.\ Ae' — �f- • • 'a m [' ea?, �� �,\ 28 • � T/! 9 JEI0 L_ rA 93Q 0- m` cww,.cc [ S —__ ./20 I t , n • I l t . : -fib 2 ' •. . $ } $ 4 r; 5 3: _ �� 1 5 ,109 S.i. i r -,y S.C'. 7.503 S.i. 7,506 $.F. - 7,531 S.i. ) 5 \ \ \ R / n —� i "_'T _ . L . 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Tualatin, Oregon 97062 ENGINEER/SURVEYOR Harris - McMonagle Associates 12555 SW Hall Blvd. Tigard, Oregon 97223 Telephone: 639 -3453 REQUEST Preliminary plat approval for the subdivision of 1.57 acres into six lots ranging in size from approximately 7,503 square feet to 15,109 square feet. A variance is also requested for a dead -end street in excess of 400 feet. LOCATION The address of the existing house on the project site is 14380 SW 97 Ave. The property is shown as Tax Lots 9100 and 9200 on Assessor's Map 2S-1-1 1BA. ZONING R -4.5 - 4.5 Units per Acre (7,500 S.F. minimum lot size). RESIDENTIAL DENSITY CALCULATION: 1.57 acres = 68,389 S.F. gross site area 13,678 S.F. (20% for public right -of -way) Net 54,711 S.F. divided by 7,500 S.F. (minimum lot size) 7.3 Units This number exceeds the six units that are being requested. EXISTING SITE CONDITIONS The site slopes from the southwest corner (adjacent to SW 97 Ave.) towards the northeast corner at approximately 5.5 percent. There is an existing house located on the northerly portion of the site, approximately 70 feet from the right -of -way of SW 97 Ave. A separate cottage /garage to the south will be removed during coli�[f uction. As shown on the proposed ppminary plat, there are several large fir trees and several fruit trees around the house and a separate grove of maple trees located along the east edge of the site on the proposed lot 6. A tree mitigation plan, if required, will be prepared prior to the disturbance of any trees onsite. SERVICES & UTILITIES Sanitary sewer: There is an 8 -inch diameter public sanitary sewer line in the rear of lot 32, Penrose Terrace adjacent to the northeast corner of the site. This line is of sufficient size and depth so that it can be extended to serve the project. Water supply: There is an existing 6 -inch City water main in SW 97 Ave. Storm drainage: There is an existing 10 -inch storm line stubbed to the north edge of the site. This line is of sufficient size and depth to serve the project. Electrical, telephone and other private utility company services are available to the site. There are existing overhead lines along the project's frontage on SW 97 Ave. These lines will be replaced with underground lines, or a fee paid in lieu of. FUTURE STREET PLAN AND EXTENSION OF STREETS As shown on the preliminary plat map, all of the properties adjacent to this site are fully developed. The future street plan is therefore demonstrated by the existing street patterns as shown. Due to the long and narrow shape of the property, a variance is requested for a dead -end street in excess of 400 feet in length. The proposed street measures 482 feet in length. It is required to be that long to serve a 7,500 s.f. lot at the eastern end of the property, as no other access is available. ON STREET AND OFF - STREET PARKING There will be no parking allowed along the private drive. The posting of required "No Parking" signs will be the responsibility of the developer. There will be a minimum of two off-street parking spaces provided on each lot for each single- family dwelling proposed. SOLAR ACCESS All of the lots in this development have North -South dimensions in excess of 90 feet. Therefore, this development meets the residential solar access requirements. 10/23/96 whitepre • RECEIVEDDNNING • DEC 2 3 1996 14Avoii CITY OF TIGARD Community DeveCopment Shaping Better Community REQUEST FOR COMMENTS DATE: December 19,1996 TO: Kelley Jennings, Tigard Police Dept Crime Prevention Officer FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea (x3151 Phone:15031639 -4171 F8x: 150316841297 RE: SUBDIVISION (SUBI 96- 0007 /LOT LINE ADJUSTMENT (MIS) 96 -0027 )>. SHANNON MEADOWS SUBDIVISION Q A request for the following development applications: (1.) Lot Line Adjustment request to adjust three (3) parcels of approximately 12,632, 55,756 and 15,246 square feet in to three (3) lots of approximately 15,109, 50,136 and 18,389 square feet; and (2.) Subdivision preliminary plat approval to divide the parcel of approximately 50,136 square feet into five (5) lots ranging between 7,503 to 15,109 square feet. LOCATION: South of SW McDonald Street, north of SW Murdock Street, and on the east side of SW 97th Avenue. WCTM 2S111 BA, Tax Lots 09100, 09200 and 09300. ZONE: R-4.5; Residential, 4.5 units per acre. The purpose of the R-4.5 zone is to allow single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.80, 18.100, 18.102, 18.106, 18.108, 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 December 30,1996. You may use the space provided below or attach a separate letter to return your comments. 11 you are unable t4 respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing a$ soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: y We have reviewed the proposal and have no objections to it. Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: 1 (OCease provide the fo�owing information) Name of Person(s) Commenting: Phone Number(sl: 474110 SUB 96 -0007 /MIS 96 -0027 SHANNON MEADOWS SUBDIVISION PROPOSAUREQUEST FOR COMMENTS • • RECEIVED PLANNING , "% ail DEC 2 01996 CITY OF TIGARD Community DeveTpment Shaping Better Community REQUEST FOR COMMENTS DATE: December 19,1996 TO: David Scott, Building Official FROM: City of Tigard Planning Division STAFF CONTACT: William D'Andrea 1x3151 Phone: [503) 6394171 Fax: (5031684-7297 RE: SUBDIVISION (SUM 96-0001/LOT LINE ADJUSTMENT [MIST 96 -0027 ➢ SHANNON MEADOWS SUBDIVISION Q A request for the following development applications: (1.) Lot Line Adjustment request to adjust three (3) parcels of approximately 12,632, 55,756 and 15,246 square feet in to three (3) lots of approximately 15,109, 50,136 and 18,389 square feet; and (2.) Subdivision preliminary plat approval to divide the parcel of approximately 50,136 square feet into five (5) lots ranging between 7,503 to 15,109 square feet. LOCATION: South of SW McDonald Street, north of SW Murdock Street, and on the east side of SW 97th Avenue. WCTM 2S111 BA, Tax Lots 09100, 09200 and 09300. ZONE: R-4.5; Residential, 4.5 units per acre. The purpose of the R-4.5 zone is to allow single - family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.50, 18.80, 18.100, 18.102, 18.106, 18.108, 18.160 and 18.164. Attached is the Site Plan,v[cInity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday December 30,1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable tq respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing ag soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 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. X Written comments provided below: (i) \NIX, '1�A't ( Mk 4 \4 \ OZ a ` e 1(i So vA 0.`i O qc ln� S ,( � as }j \\ '\\ 9kki ', , �e,Se,.N,�n� . �. ,v\ N .►. tt O & \� t 4 a \\,.k\ .►�, . a�� �,.ts►�t1� \ 01, tre41` S v\ i ((lease provide the following information) Name of Person's) Commenting: .oaf S (Ak I Phone Number's): >c 3k1 SUB 96-0007/MIS 96 -0027 SHANNON MEADOWS SUBDIVISION / PROPOSAL/REQUEST FOR COMMENTS ■ .. • ; t 4y • S " 4 Q 1 ��• vironmental sue q6 '/nt qko — Mal • Shannon Meadows Arborist Report General Site Description as it affects Trees The proposed site is flat with a small woodiot along the eastern edge. This is the ‘ only significant occurrence of trees. A few individual specimens exist elsewhere on the property but should not in general be affected by construction. The woodiot is a remnant ro stand of trees of no significance. It consists principally of Big Leaf Maple and Choke Cherry. No understory shrubbery (except Himalayan Blackberry) and no herbaceous '` ground cover occurs there. The woodiot trees are in terrible shape with no value as habitat or as lumber. Many are multiple trunked with decay in one or all main stems. All are poorly formed ( bent stems, broken branches, and high branching structure susceptible to wind throw if exposed) and would detract from or become hazard trees in a finished landscape if not ' removed for construction. Of the nineteen (19) trees 12" dbh or larger with removal recommendations, only six (6) are truly being removed because of construction. The rest, because of extensive decay, would need to be removed no matter what is done with the property and have no value whatever while standing. There are no notable trees in the group and only one evergreen (which is under 6" dbh). There are three notable trees on site, all of which can be preserved. Two older 32" and 36" Douglas fir are located at the front of the property between the existing house and street. They are healthy well formed specimen trees. Currently /a driveway passes under and between them but the subdivision access will be moved to a less impacting point further south. The third tree of import is an English walnut located behind the existing home and along the north property line of the subdivision. It will be saved although some pruning of lower limbs will be required. Plant Types on Site The following tree types occur on site: Pseudotsuga menziesii, Douglas fir (two); 'ti, Amelanchier alnifolia, Saskatoon Serviceberry (one); Prunus emarginata, Western %: , Jeff Wiegel ' 141 No. State Street #138 -- / Lake Oswego, OR 97035 �` 503 - 636 -2929 A , . i .,,, ... Water Management • Arboriculture • Natural Resources Assessment ')We S•ud , Lt ¢a By ,, c Pd0"•rC, Ds42d OO1O Chokecherry; Populus trichocarpa, Black Cottonwood (one); Acer macrophyllum, Big Leaf Maple; Juglans regia, English Walnut (two); Crataegus sp., Common Hawthorn (two); Corylus cornuta, Common Hazelnut (one); Picea glauca, White Spruce (one); Ilex sp., Holly (one); Malus sp., Apple cultivar (two); Prunus sp., Flowering Cherry (one). Specific Recommendations for Trees Few trees in the woodlot are suitable for landscape or open area use. Most should be removed to prevent being a hazard after construction. See individual tree notes. I can find two away from construction that can be preserved but only because they have no targets under normal SW prevailing winds and because city code favors saving trees over removal. They have no value and may detract from the value of the landscape in the long run. Two 14" dbh apples should be removed regardless of their ultimate positions relative to homes. They are past prime with extensive decay in their main stems and without branch structure due to brutal pruning. They are not tall enough to be high hazard trees but remain hazardous none -the -less. Their appearance would detract from a finished landscape. The 18" English walnut should have its lowest limbs removed (crown raise pruning) to accommodate construction. Likewise the 36" Douglas firs should be minimally crown raised if high clearance construction traffic will pass beneath them prior to construction of an access road. No other landscape tree appears threatened by construction but steps should be taken to preserve the conifers and the largest English walnut from construction damage. Principally fencing and strict, posted notices to keep construction personnel away will be most effective. See construction preservation recommendations later in this report. Mitigation recommendations If all woodlot trees were desirable (and in fact none are), the applicant would be able to save 18 out of 26 trees 12" dbh or larger, namely, 69 %. Ignoring the poor quality woodlot trees altogether, he is actually saving 6 out of 8 - 12" dbh or larger trees over the rest of the site. In fact he is saving 6 out of 6 desirable 12" dbh or larger trees on site (the remainder are past prime and / / or decayed). Mitigation is required when more than 25% of 12" dbh or larger trees are removed for construction. I really believe the code was intended for situations other than this one. The woodlot constitutes 80% of the trees on site but all trees in it should be cut down in any case because they are weak wooded, full of decay and therefore hazardous. I recommend no mitigation be required. 2 Tree Protection Plan: These procedures would specifically apply to four important trees. The two 36" dbh Douglas fir, the one 18" English walnut and the White spruce. 1. Before any construction activity takes place at the site, all construction personnel should study these tree preservation rules and sign off on them. 2. Under direction of the arborist, barrier fencing should be placed around each tree to be protected at the first possible opportunity. This should be done before construction activity begins at the site in order to prevent compaction to the maximum extent. Barrier fencing should extend to the drip line in every direction around the tree and be firmly anchored in place. 3. A "keep out" sign should mark the area inside each fenced tree. No activities of any kind should be allowed within established tree barriers. Compaction is a cumulative process and every lunch break, every foot print, every tire mark adds to it. 4. The arborist should be called whenever a fence position must be altered. The fenced area never seems to grow larger. His attendance will help to maintain at least a minimum area. 5. All bare ground within the fencing should be mulched to a 6" depth with coarse wood chips as soon as possible after the fencing is in place. This will assist with holding moisture and will help prevent compaction by feet and equipment. Wood chips from the tree removal process would be ideal for this purpose. The chips should not be spread closer than one foot away from the trunk in order to prevent rodent damage to the tree's bark. 6. No tree should be left without mulch covering its root system for longer than a day during sunny weather where temperatures are above 60 degrees, whether or not weeds and brush have been grubbed away. This will help to prevent deadly moisture stress in hot weather. 7. If construction traffic will pass beneath any of the three protected trees, their lowest limbs should be pruned under the direction of the arborist. By doing so early in the project the risk of inadvertently ripping off a limb later is much reduced. 8. No pruning should be done without the direct supervision of the arborist. 9. The arborist should be called whenever trenching will be done in the vicinity of protected trees. In particular, no trenching should be done inside the drip line of a tree without the arborist's supervision. 10. No roots larger than 2 -1/2" diameter should be cut except under the direction of the arborist. 11. Mulched trees should be watered a minimum of weekly during warm summer months. 3 General Recommendations for Construction Site Procedures with regard to Trees 1. Do not allow construction equipment or personnel near trunks or main rooting areas of any trees. If unavoidable the activity should be done under the supervision of the arborist. 2. Preplan how construction site spaces will be used! a. Locate on -site office trailers to locations away from trees. b. Always limit material storage, to non -tree areas. c. Provide specific parking spaces for construction vehicles including subcontractors and laborers away from tree protection areas. d. Keep toilet, lunch and break sites away from tree protection areas. e. Provide for a cement washout pit away from tree protection areas. 3. Where no other access can substitute, designate a corridor through trees where trucks and construction equipment can get back and forth to the building site. 4. Designate a turnaround point for trucks away from trees to prevent unwanted site compaction. 5. Assign utility trenches to nontree areas. Where they must pass through trees specify they should be made serpentine to give trees as wide a berth as possible. Specify that utilities should tunnel beneath tree rooting areas where they cannot avoid roots any other way. The majority of root systems will be located in the top 30" of soil making this option entirely feasible. The arborist should be called to oversee trenching in the vicinity of trees. The above specifications should be placed in the engineering drawings. 6. Construction personnel should be held to a high standard of conduct toward tree preservation and care. The arborist should train them on proper tree protection procedures before the project begins and periodically throughout construction. Conclusion The recommendations given in this report are not a guarantee that any particular tree will survive or remain healthy during or after the construction process. Unfortunately, no way exists to accurately predict the future success or failure of specific trees. Removal recommendations were based on appearance, site considerations and accepted guidelines. No instruments were used to help gauge a tree's health. Trees to be saved in some cases meet only the minimal requirements For such consideration and must still endure the rigors of site construction and their habitat's extreme alteration. 4 Shannon Meadows Tree List Number Caliper Botanical Name Common Name Status Comments / inches Reason for Removal 1 20 Acer macrophyllum Big Leaf Maple Save 2 20/8 Acer macrophyllum Big Leaf Maple Remove Largest stem decayed; 8" not worth retaining 3 14/14/12 Acer macrophyllum Big Leaf Maple Remove Decayed, leaning, poor form, hazardous 4 24/10/10 Acer macrophyllum Big Leaf Maple Remove Decayed, leaning, poor form, hazardous 5 10 Acer macrophyllum Big Leaf Maple Save 6 10 Acer macrophyllum Big Leaf Maple Remove Split leader; high branching only; poor form 7 16 Acer macrophyllum Big Leaf Maple Remove Within future house footprint 8 18/20 Acer macrophyllum Big Leaf Maple Remove Within future house footprint 9 12 Acer macrophyllum Big Leaf Maple Remove Within future house footprint 10 16 Acer macrophyllum Big Leaf Maple Remove Within future house footprint 11 12 Acer macrophyllum Big Leaf Maple Remove Within future house footprint 12 8 Acer macrophyllum Big Leaf Maple Remove Within future house footprint 13 16 Populus trichocarpa Black Cottonwood Remove Within future side yard setback 14 18 Acer macrophyllum Big Leaf Maple Remove Within future house footprint 15 14/12/8/8 Prunus emarginata Western Chokecherry Remove Leaning from wind throw, hazardous 16 24/20 Acer macrophyllum Big Leaf Maple Remove Decayed, leaning, poor form, hazardous 17 22 Acer macrophyllum Big Leaf Maple Remove Within future side yard setback 18 25/12/8 Acer macrophyllum Big Leaf Maple Remove Decayed, leaning, poor form, hazardous 19 8 Prunus emarginata Westem Chokecherry Remove Poor form, broken top. decay, one -sided 20 24/12/12 Acer macrophyllum Big Leaf Maple Remove Decayed, leaning, poor form, hazardous 21 8 Prunus emarginata Western Chokecherry Remove Tall, gangly, poor form, leaning 22 8 Prunus emarginata Westem Chokecherry Remove Tall, gangly, poor form, leaning 23 8 Prunus emarginata Western Chokecherry Remove Within future driveway setback 24 8 Prunus emarginata Western Chokecherry Remove Within future driveway pad 25 8 Prunus emarginata Western Chokecherry Remove Within future driveway pad 26 8 Prunus emarginata Western Chokecherry Remove Within future driveway pad 27 20 Acer macrophyllum Big Leaf Maple Remove Within future driveway pad 28 8 Crataegus sp. Hawthorn Remove Within future driveway pad 29 4- 10/3 -8 Prunus emarginata Western Chokecherry Remove Within future driveway setback 30 24/24/14 Acer macrophyllum Big Leaf Maple Remove Severe decay, leaning, poor form, hazardous 31 14 Malus sp. Apple Remove Within future house footprint 32 14 Malus sp. Apple Remove Within future house footprint 33 18 Juglans regia English Walnut Save Crown raise pruning required 34 16 Crataegus sp. Hawthorn Save 35 6 @6 Ilex sp. Holly Save 36 24 Prunus sp. Flowering Cherry Save 37 7 Picea glauca White Spruce Save 38 36 Pseudotsuga menziesii Douglas Fir Save 39 36 Pseudotsuga menziesii Douglas Fir Save 40 20 Malus sp. Apple Save 41 2 ©6 Juglans regia English Walnut Save 42 10 Acer macrophyllum Big Leaf Maple Save 43 10 Acer macrophyllum Big Leaf Maple Save 5 r' Shannon Meadows Arborist Report General Site Description as it affects Trees The proposed site is flat with a small woodlot along the eastern edge. This is the only significant occurrence of trees. A few individual specimens exist elsewhere on the property but should not in general be affected by construction. The woodlot is a remnant stand of trees of no significance. It consists principally of Big Leaf Maple and Choke Cherry. No understory shrubbery (except Himalayan Blackberry) and no herbaceous ground cover occurs there. The woodlot trees are in terrible shape with no value as habitat or as lumber. Many are multiple trunked with decay in one or all main stems. All are poorly formed ( bent stems, broken branches, and high branching structure susceptible to wind throw if exposed) and would detract from or become hazard trees in a finished landscape if not removed for construction. Of the nineteen (19) trees 12" dbh or larger with removal recommendations, . only six (6) are truly being removed because of construction. The rest, because of extensive decay, would need to be removed no matter what is done with the property and have no value whatever while standing. There are no notable trees in the group and only one evergreen (which is under 6" dbh). There are three notable trees on site, all of which can be preserved. Two older 32" and 36" Douglas fir are located at the front of the property between the existing house and street. They are healthy well formed specimen trees. Currently a driveway passes under and between them but the subdivision access will be moved to a less impacting point further south. The third tree of import is an English walnut located behind the existing home and along the north property line of the subdivision. It will be saved although some pruning of lower limbs will be required. Plant Types on Site The following tree types occur on site: Pseudotsuga menziesii, Douglas fir (two); Amelanchier alnifolia, Saskatoon Serviceberry (one); Prunus emarginata, Western Chokecherry; Populus trichocarpa, Black Cottonwood (one); Acer macrophyllum, Big Leaf Maple; Juglans regia, English Walnut (two); Crataegus sp., Common Hawthorn (two); Corylus cornuta, Common Hazelnut (one); Picea glauca, White Spruce (one); Ilex sp., Holly (one); Malus sp., Apple cultivar (two); Prunus sp., Flowering Cherry (one). Specific Recommendations for Trees Few trees in the woodlot are suitable for landscape or open area use. Most should be removed to prevent being a hazard after construction. See individual tree notes. I can find two away from construction that can be preserved but only because they have no targets under normal SW prevailing winds and because city code favors saving trees over removal. They have no value and may detract from the value of the landscape in the long run. 1b5/67-1 JEFF GCAre(e_tRzz ZIT _ di e 7 9) JO, / 3 /y /7 J EF•F '101 EL4E L 1-fe4GT 7� Z�i/1 �'V� DoE Z sz co Co. USZ.�uC 77 A,, i e gE6l • If•�z �r�s , frig MA (0-3(0- �� cvv� )140 g vv R�V�f �� s-a v C Two 14" dbh apples should be removed regardless of their ultimate positions relative to homes. They are past prime with extensive decay in their main stems and without branch structure due to brutal pruning. They are not tall enough to be high hazard trees but remain hazardous none - the -less. Their appearance would detract from a finished landscape. The 18" English walnut should have its lowest limbs removed (crown raise pruning) to accommodate construction. Likewise the 36" Douglas firs should be minimally crown raised if high clearance construction traffic will pass beneath them prior to construction of an access road. No other landscape tree appears threatened by construction but steps should be taken to preserve the conifers and the largest English walnut from construction damage. Principally fencing and strict, posted notices to keep construction personnel away will be most effective. See construction preservation recommendations later in this report. Mitigation recommendations If all woodlot trees were desirable (and in fact none are), the applicant would be able to save 18 out of 26 trees 12" dbh or larger, namely, 69 %. Ignoring the poor quality woodlot trees altogether, he is actually saving 6 out of 8 - 12" dbh or larger trees over the rest of the site. In fact he is saving 6 out of 6 desirable 12" dbh or larger trees on site (the remainder are past prime and / / or decayed). Mitigation is required when more than 25% of 12" dbh or larger trees are removed for construction. I really believe the code was intended for situations other than this one. The woodlot constitutes 80% of the trees on site but all trees in it should be cut down in any case because they are weak wooded, full of decay and therefore hazardous. I recommend no mitigation be required. Tree Protection Plan: These procedures would specifically apply to four important trees. The two 36" dbh Douglas fir, the one 18" English walnut and the White spruce. 1. Before any construction activity takes place at the site, all construction personnel should study these tree preservation rules and sign off on them. 2. Under direction of the arborist, barrier fencing should be placed around each tree to be protected at the first possible opportunity. This should be done before construction activity begins at the site in order to prevent compaction to the maximum extent. Barrier fencing should extend to the drip line in every direction around the tree and be firmly anchored in place. 3. A "keep out" sign should mark the area inside each fenced tree. No activities of any kind should be allowed within established tree barriers. Compaction is a cumulative process and every lunch break, every foot print, every tire mark adds to it. 4. The arborist should be called whenever a fence position must be altered. The fenced area never seems to grow larger. His attendance will help to maintain at least a minimum area. 2 5. All bare ground within the fencing should be mulched to a 6" depth with coarse wood chips as soon as possible after the fencing is in place. This will assist with holding moisture and will help prevent compaction by feet and equipment. Wood chips from the tree removal process would be ideal for this purpose. The chips should not be spread closer than one foot away from the trunk in order to prevent rodent damage to the tree's bark. 6. No tree should be left without mulch covering its root system for longer than a day during sunny weather where temperatures are above 60 degrees, whether or not weeds and brush have been grubbed away. This will help to prevent deadly moisture stress in hot weather. 7. If construction traffic will pass beneath any of the three protected trees, their lowest limbs should be pruned under the direction of the arborist. By doing so early in the project the risk of inadvertently ripping off a limb later is much reduced. 8. No pruning should be done without the direct supervision of the arborist. 9. The arborist should be called whenever trenching will be done in the vicinity of protected trees. In particular, no trenching should be done inside the drip line of a tree without the arborist's supervision. 10. No roots larger than 2 -1/2" diameter should be cut except under the direction of the arborist. 11. Mulched trees should be watered a minimum of weekly during warm summer months. General Recommendations for Construction Site Procedures with regard to Trees 1. Do not allow construction equipment or personnel near trunks or main rooting areas of any trees. If unavoidable the activity should be done under the supervision of the arborist. 2. Preplan how construction site spaces will be used! a. Locate on -site office trailers to locations away from trees. b. Always limit material storage, to non -tree areas. c. Provide specific parking spaces for construction vehicles including subcontractors and laborers away from tree protection areas. d. Keep toilet, lunch and break sites away from tree protection areas. e. Provide for a cement washout pit away from tree protection areas. 3. Where no other access can substitute, designate a corridor through trees where trucks and construction equipment can get back and forth to the building site. 4. Designate a turnaround point for trucks away from trees to prevent unwanted site compaction. 5. Assign utility trenches to nontree areas. Where they must pass through trees specify they should be made serpentine to give trees as wide a berth as possible. Specify that utilities should tunnel beneath tree rooting areas where they cannot avoid roots any other way. The majority of root systems will be located in the top 30" of soil making this option entirely feasible. The arborist should be called to oversee trenching in the 3 vicinity of trees. The above specifications should be placed in the engineering drawings. 6. Construction personnel should be held to a high standard of conduct toward tree preservation and care. The arborist should train them on proper tree protection procedures before the project begins and periodically throughout construction. Conclusion The recommendations given in this report are not a guarantee that any particular tree will survive or remain healthy during or after the construction process. Unfortunately, no way exists to accurately predict the future success or failure of specific trees. Removal recommendations were based on appearance, site considerations and accepted guidelines. No instruments were used to help gauge a tree's health. Trees to be saved in some cases meet only the minimal requirements For such consideration and must still endure the rigors of site construction and their habitat's extreme alteration. 9 4 • Shannon Meadows Tree List Number Caliper Botanical Name Common Name Status Comments / inches Reason for Removal 1 20. Acer macrophyllum Big Leaf Maple Save 2 20/8 Acer macrophyllum Big Leaf Maple Remove Largest stem decayed; 8" not worth retaining 3 14/14/12 Acer macrophyllum Big Leaf Maple Remove Decayed, leaning, poor form, hazardous 4 24/10/10 Acer macrophyllum Big Leaf Maple Remove Decayed, leaning, poor form, hazardous 5 10 Acer macrophyllum Big Leaf Maple Save 6 10 Acer macrophyllum Big Leaf Maple Remove Split leader; high branching only; poor form c-,7 \ 16. Acer macrophyllum Big Leaf Maple Remove Within future house footprint 8 18/20 Acer macrophyllum Big Leaf Maple Remove Within future house footprint C9 12 Acer macrophyllum Big Leaf Maple Remove Within future house footprint C1_0--= 16 Acer macrophyllum Big Leaf Maple Remove Within future house footprint 11 12 Acer macrophyllum Big Leaf Maple Remove Within future house footprint 4 12 8 Acer macrophyllum Big Leaf Maple Remove Within future house footprint �1 r13 . 16 Populus trichocarpa Black Cottonwood Remove Within future side yard setback ' •1lr Ct4� 1$ Acer macrophyllum Big Leaf Maple Remove Within future house footprint V" 15 14/12/8/8 Prunus emarginata Western Chokecherry Remove Leaning from wind throw, hazardous 16 24/20 Acer macrophyllum Big Leaf Maple Remove Decayed, leaning, poor form, hazardous C1.7' 22 Acer macrophyllum Big Leaf Maple Remove Within future side yard setback 18 25/12/8 Acer macrophyllum Big Leaf Maple Remove Decayed, leaning, poor form, hazardous 19 8 Prunus emarginata Western Chokecherry Remove Poor form, broken top. decay, one -sided 20 24/12/12 Acer macrophyllum Big Leaf Maple Remove Decayed, leaning, poor form, hazardous 21 8 Prunus emarginata Westem Chokecherry Remove Tall, gangly, poor form, leaning 22 8 Prunus emarginata Western Chokecherry Remove Tall, gangly, poor form, leaning 23 8 Prunus emarginata Western Chokecherry Remove Within future driveway setback 24 8 Prunus emarginata Western Chokecherry Remove Within future driveway pad 25 8 Prunus emarginata Westem Chokecherry Remove Within future driveway pad 26 8 Prunus emarginata Western Chokecherry Remove Within future driveway pad 27 20 Acer macrophyllum Big Leaf Maple Remove Within future driveway pad 28 8 Crataegus sp. Hawthorn Remove Within future driveway pad 29 4- 10/3 -8 Prunus emarginata Westem Chokecherry Remove Within future driveway setback 30 24/24/14 Acer macrophyllum Big Leaf Maple Remove Severe decay, leaning, poor form, hazardous 31 14 Malus sp. Apple Remove Within future house footprint �Cci 32 14 Malus sp. Apple Remove Within future house footprint 33 18- Juglans regia English Walnut Salle Crown raise pruning required 34 16 Crataegus sp. Hawthorn Save 35 6 @6 Ilex sp. Holly Save 36 24 Prunus sp. Flowering Cherry Saved 37 7 Picea glauca White Spruce Save 38 36 Pseudotsuga menziesii Douglas Fir Save 39 36 Pseudotsuga menziesii Douglas Fir Save 40 20 Malus sp. Apple Save 41 2 @6 Juglans regia English Walnut Save 42 10 Acer macrophyllum Big Leaf Maple Save 43 10 Acer macrophyllum Big Leaf Maple Save • 5 . . ' , . 1 • , 1 1: - ' - . , . , . ek , . ._,_, • CUT AND nu:, AREA § AS ,SHOWN ARE .TO BE BLENDED TO - n-iE ADJACENT LAND ' ' - ' -'' : --- --- -- : ::' .:- '''' -f ' . - ' ' .-,- .L.. .'.--.1 :L GRADING NOTES: - - -',--- -.: _.-, - -"--_- _ - _ -':--:-:: -,-,.------- -- . -,-;-- -' - - --------- - - -------------.-,-- - ---- ' -- , -- ' -----:"-'— To A CEN1LE SLOPE OF 4:1 OR FLATTER, AREASIN t*CESS OF THIS SLOPE ---- - SHALL BE HYDRO-SEEDED OR OTHERNASE PROTECTED FROM EROSION. fr : - '': , - otlfi a \ Z. ALL AREAS TO RECEIVE STRUCTURAL FILL SHALL BE STRIPPED OF AU. VEGETAT \ ION, 1/1?1 . ; I - '. THE FILL PLACE AND COMPACTED TO 95% DENSITY, AND THE MATERIAL FROM - , ''' ' ST SPREAD OVER THE FIU_, SI-4APED TO DRAIN AND WHEEL 'ROLLED. Y4 00 pRELIMINARY PLAT i f_ 3. THE ROOF AND FOOTING DRAINS SHALL DISCHARGE THROUGH THE CURB, OR IF THIS v)e-D IS NOT POSSIBLE, INTO A PIPING SYSTEM WHICH DISCHARGES INTO THE STORM SEWER. . , DATE: 10-3-96 SCALE: 1"=50' 4. A SWALE SHALL BE FORMED ALONG EACH SIDE AND/OR REAR LOT UNE AS APPUCABLE r : . - - r...: REVISED TREES 11-20-96 TO MANAGE THE DRAINAGE AFTER THE HOMES ARE CONSTRUCTED AND FINE GRADED. PRELIMINARY GRADING ,,. .. .. AND TREE LOCATION PLAN , .!.. •..;-: . I T/L'S 9100 & 9200, . , 1 MAP 2S 1 11BA , . :_. DTLOPER: ENGINEERS-SURVEYORS: , .._ R HARD WHITEMAN HARRIS—McMONAGLE - - P. . BOX 2065 ASSOCIATES, INC. LAKE OSWEGO, OR 97035 12555 S.W. HALL BLVD. (503) 781-4331 TIGARD, OREGON 97223 , (503) 639-3453 TOPOGRAPHY: CITY OF TIGARD 7.- U.S.G.S. ......._ , . ZONING: R-4.5 (7,500 S.F. LOTS) EXISTING USE: TWO SINGLE FAMILY HOMES ON TWO TAX LOTS PROPOSED USE: SIX SINGLE FAMILY LOTS N ...,. ,. .,.'_'., SITE AREA: 1.57 ACRES _. . In — 1 1 T T - 1 I-. I 1 1 N ,...,_ -.. 4 1 5 \ 6 .. . ., \ 1 i \ TA. 1700 N T/L 7600 T/L 7700 T/L 7800 1 p E N R 10 s E 1 1 JJ 34 1 T/L 7300 I N.. 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HALir, .BLV1 (543) - - 781 —'4331 " T1GARp OREGON 97223 _ (503) 839" -3453. { _, TOPOGRAPHY: CITY OF flC U .S.0 S z a ZONING: R -4.5 (7.500 S.F. LOTS) - • • -. - - • k , EXISTING USE: T O SINGLE. FAMILY- HOMES ON TW0 .TAX LOTS • PROPOSED USE: SIX SINGLE FAMILY LOTS SITE AREA: 1.57 ACRES , ... „. .,. ........ i . . . . . . . . .... .. , v.,....,,,,...,...,.. I. , - 1 \ - - � ' - - ':.e •E - _ • R 7 ' tires 1._.. - - 78U4_ 74. 7700 • 1 •� TA 7600 r/i 7700 AL b, ' T/L X304 \ \ 33 • 1 5 9 I - h ii.: N. _ • TA 8804 , T/L 5900 - . I ,: ._ :. , : i 1 ,- ' 3 COURT • 5 . {{ _ _ _ 7:::,: _ . i , s _ ,_ .-: _ sum. - i : Ji - • , 1 1 7400 , :. . t \T4 8 - t 8104 T 80t�0 r 790 ` " f . ? �a ! . . . 1 .__ - ,, , , , . _ . _ . ... -.. : '.. \ • .:-..,,,-„ ;, - . 1 , . I _ , \ . ' -. .. 1 . - - -_,-• i -:._ -.. .0i P . . -. L ----' A - _ - - ' . 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'-'• ' - - . -' RICHARD WHITEMAN -- . - HARRIS--M.cMONAGLE , . - ___ _ „ . . . ... ,, . ---, .,-„, -t- -... ... .,---,•.: . 1:-/ 4. ;-...--r 4.--- - - A ,r....--. t ..--,-, , -- ,- - -!:-. ----,' : _., __ ; .., --. - -% . 2 5•4 ,• • ,I'• - - - 4-:,•, ; - „ 4 - .-,,, --,-..„•..,- • Av. ..--„-,,I. ik ?„,i.t .,32-:-.„- i-.,-,.- ,, .. _ i.1). BOX , 2065 . • .1 , --- . -- y\.,„..„.,• - •• _. , . . . ; .. . , . . . - ASSOCIATES, INC: " '''''frt 1 s ceito-r.4,- -sr: . - , -.•-i._ .. ,.., •.4 ., . . .,..- .—, -.-----:•(:' ,---„ -, - -- , - - .ri:-- - :.-- - -i' 7.-., .-._-,..-yr: 4 'v..* . - . . LAKE 050GO, O 9705 R 3 - 12555 S.W. HALL 0Lvo. . ..1;Pss.-.4,; -. . . y • -- 41 -`' •; -4'141 . 91 • 1'4: - - FL=... , ;',..ii.- ..t,, ...1 ,•'.:- I .,„-;', --;',.. -.,,, - ! , _-...1;.,....':f._:= ....:.._ - (0) 781-4331 , - , TIGARD OREGON 97223 • et: f,:itii _ ,.....__,_,-- ( : -- . 4 „, aa „., *2 . ii•!, A .1 - ' ---- ' ' • _ 04 .4,. ...._-;;,! ,- , ..:-. _-„,:,;, •'.....4, o ; : - -: - . , --,-...- „ - _,:- . „ . . . 0 0 • „ ,, - ,-• , 4 (503) 639-3453 . , x 3-1/2* CLASS *(...-* ASPI-Atrio cavcRklE or A . '11 ':: ". -C ;_A-, 14 -„,,.... 1 -_ Ir , i ._c 4.., I T • ; ::'„: 1 , 4 — , 4*. ° " - -1, , : ; ,i;::-.„,--9*:(:.=..1.-",% , : I : -,:fc TOPOGRA CITY : ' ''' , :i :.A:.1... . - . _ ._.. _ ... _ .. , . „ . . ., ,. PHY: CTY OF TIGARD. - Ii.S.G.S. . -'2' 4Y-j LE1- ROCK i ., „f: .... , . -,-:,-* , , ..P- 0 ---- ',.. ;,.. 11 , - o- . 1. Ei ,•!' t .r - `=, -"- i 1 , -= INV , .. _t -A Ai t 6 ,4 1, it Jb 4 ..:e ..., 'C.1 , $ ,A i i 7 •-, , - . , 1, ., -,- •,- , ': ..„, d Ai -.-:: - ;11=, „Iff 4 , . . - -,,-- /"' 14&-) 8,45E ROC( , . , . „ ---' ''gifve,14 e '' 14'" s 't1 t -'°''' ZONING: R--4.5 (1,500 S.F LOTS) • _ - . • - . . ili - l ,,,, i :•'. • I'A A ,,;',... - . 6 .- .,= ;.,•'.- — . ' ' 1),i q11 , TYPICAL STREET SECTION, „ :,,... -.. • -• ,.,. EXISTING USE: TWO SINGLE FAMILY HOMES ON TV)10 TAX LOTS -.- - .- -.:-. - PROPOSED USE: SIX SINGLE , FAMILY LOIS ' . PRIVATE ROADS . . . , Viatarf MAP -. • - ' ' - - • . SHE AREA 1.57-ACRES - N NO SCALE o SCALE 84o6 - . - . - 41 1 ..-_-____-....... ..._— _..,_ ____...„........ ,..---. ..,..._...-......... -.-...•_.._ 7 ....-:_ ... -....-.. F ..____....„ _____ ______ _........._ .. ...____ ......,..... ____. __ .............. .......--.... V=11•• r ............ .-,........ ........-.. - `glagt 46;64. .41=IP ,:g1 - . . . . GENERAL NOTES: , . - I 1 L I . \ el .. 1 1 . . . J‘ 4,. 1. ALL WORK SHALL CONFORM TO 11 -1E f;1TY • OF ill 6ARG STANOAR OS AND •-..•. : - :-, -,-,.: •i7 .. , . :._ , , . . . - ' 1 . .\ \ - 1 , . . 4 1 5 6 ‘-..11.. P El /V R 0 15 E . SPECiFICATIONS. . . ' . ) - \ . . 1 • -1 T/L 7600 ...•.... --...... T/L 7700 \ , T/L. 7800 • • . . ., ,, TA. 1 700 •. - SE' F'ROVIDEO BY EiTENO ING A' ,PUBUO ' -, _. •==' .•.•7 .,--_,- -,... - • - i:1 ( I) ()) I P 2. SANITARY WER SERMOESHALL Be . . . . . - I- . T/L 7300 1, - \ '1 \ \ (NI IN 33 34 UNE FROM T1-;E EXiSTiNG_ 8 $11.18 LOCATCO TO ,,THE EAST OF Ric SITE - _, . _ , , f-.:1 1 '.. ' . IN 1.0T, 3Z PENROSE TERRACE. -- ' - , _ . - • . ,,, , _ T/L 5800 1 TA 6900 , i . - - -,-.- ,,- \ N.. 1 • . , . I ., ---,..,..... ....__ --/ \\_. ......._ -- -- _ ___ _.--- ---- _______ ___ ...,.4 3. - STORM WATER" DRAINAGE WILL BE PROVIDED El* AN EXISTI140 10* STUB ' -_ 4,1 ''. ...:_ • . 1 . -,,„. 0 ..._i : TO THE NORTH. ROOF AND FOOTING DRAINS FROM THE HOUSES M-..1 . . , _ . 1 , " 1 " " \ • , . . , 4 — -- — --- — —1 3 - --___ - • - CAAIN INTO A NE W LiN TO 8 . E. g CONSTRUCTED ALONG THE NORTH L ',,, ' '._ - -":,-".....'_" :'- .'•----: -- SA4, -...,_ -------- SP-.14.--_-, \ \ ------------- , - , OF 11-4g SITE. . / : 1 Tit : 7500 JUiliLEE COURT ,--,:,- --S714.— - ., . , , . ----- • 7---S71.4.— — . ____,... ____ . -- N , - -SAN.-- ...-:__', ____ — ______ _____ — . 1 . t . 1 1 N. ._ --,.. —SAN.-- — _ - 4. 0 . WATER WILL DE SER'vED 8Y TH E EXISTING LINE , LOCATED . IN _ ... . ----- - - - ,Ti" _ ,. .....,_ - - - - - - -- - -- -,- - - - - - ..A 9 7 fl-i' AVE. - • , ... - • - . . _ ' " - • 11 _ 0 - 2 - - - ' ji . LI [3, ,I,L E E ,i P, L A Gi-E ----. - . _ -, S.W. VIEW FERRACE - .. . _ -...., ---------______:,.. ,-._ __ .... ,....- _ ... \ I .. , " - = ; . _ . _ . . - r. .....1-....----_,...— .. I \II \ T/L 7400 1 ....-- , . ... . , ' - . 1 --,, --,„ 1 .. .:..;,.- . . ' \ - r 9 - 8 7 4 - r R - R- . . ,. 1 ,. . .,_ . , e 2 A - • 1\ , . \ I ‘ y \ , 1.2. . ... , . . • • - = e - - _ --,.. s,„. - ... . • . , ., . A * P i ' 0 0 f -.---..\ _ii = \ \ , o , ir /\\- \ • 1 Ns.\,,,, . , --„, .. _. .• . • , 1 , ' ) 0 •,,„_ 1 1 - . ..._-_,--. ... , \ - I N.., • .. ..,, , r i 32 - ., - ..;.,-... :•,.. < I I 1 -s '' '''''''''' \ \I 24 ' 1,} S I, ' 75,6"--c — ..--_. -.,—, — sm4.---,--_ - .S . :11,4.-87 . — • - 14 - t) 81,6' , . .- • _ ,. . - . - : • - 4r 0 j p ‘ )ctfr u t r 4./ i - , • \ \ 1 ---- -1 - 1 • „..,. _ c.„,, --..„ - , 1 T/L 8700 1" . 28 • 1 . . . _ .. .. . . .. . ..,_ .. _ o ,.... v i d t J i Il \ \ \ • EXISTING LI ", .„ TA 92Q0 ' 1 \ TA 8300 . . . , ' - v Itk rA. 7600 ,.. 4 ......" 1 , 1 \ . HOUSE 0 \ r — -- rd S'ii,NTTKRY -- §E .--- A/E_Vil -7 ---,' '''''.- ,, 1 '.----...., XISTIN0 Ir .._,„ . . . ...., 1 I - •-, - - , ' *.-- STI*M DRAINAGE EASEMENt Li 2.,.."0 - w,. C l 1 J . „ _ , • - I --- _ _.. ,...,_ (.1) _ 4 i \ r/L. 9100 1 r .„.. A, 1 \ , . „ 1 .. . r . , . . _. • • _ 4 4 .•1 1 .. \ \ \ L__....-J i '.--,- .. - . -----•.--_ , , ,_, .,, ,,,,..., . ., .:- - • v. I 1 1. 2,4 \ \ , -0 .,„ R N, - r ......-- I" ------- . • •. ,___ .. , ........ 03 . .3 '"------ 4 - - -,_... ,,--, ..:,, 6 '"\ \ 1 \--1 N \ r - 72 - 2 '' ?._... - - - - ...„--- -..., - \ -,,,, .,. . \ i -,..* - 7, ' 4 ' S.F> 7,503 S.F. ---,„ . 1 - \\ - ..k5,31 , S.F. - C4 1,518 S. ;4 \ / ..........._ ... • ,, , •„, -., -,..... .... ., .„ . .. . , ._,., • t 25$.4 0' , \ I ‘1Exi • T ' I ' -----4„„,,,:i \ ' • P _ -' - •-- \ ‘,,, , ,„ \ . .. \ - • ..' 1 I q li\il \ s,, \ i NO SE 1. ,,,,,T R O Em B o E vto '''',.-•.„. N, N.,,, . R:24 i , - • R..24*, / 1 • " ... _: ' , .._ L 38' \ " . 31 _ . . .. „• ... .1 ' 1 I 1- 1 1 'i \ \ \ s „ i i 1 - \ '0-38' \ 41' - . .. . , eil'\,- 75.8' A.Et' , 53. ', / 1 , \ \ „ 1 1, .-- i-,..!1- . ......... .... \__.• .. — _....\ ., .. . . , .. .. • ',,. ' T/L 8600 29 . :- . -- ........... ...._. , 1,-. , \ -.4 -------.5.4.4 ,- TA. ,,..: . . . . . . ' I \ JO' \ 1 . 1 - , e i ‘ ,- 1-\_,..... 4rAT ._ .... , . _ _____________r _______ ____._ ,;,_ ____ ..,....... 7 ..__ 56' / / . , - -, __.,,,,,,,„ , , , .....\ , W. T/L . • , I *q\ .21:. 7,,...0 - \ - \ • 1 , \ . .,.:_. .. N ,.. . , 1 --:. .......... „., ,„ . ''s t „ , \ \ \ _ \ ‘ \ , - \ 8500 \ 1 - 1 . . sz ' ' 5? IN, ------ s' ' " • \ - \ • 1 - \ N • \i';, . Jo /-.,- , - • - -:,:..„... • :, 1,- ...„...,...„. .; -- 9.0 \\ 31 4A S.F. •\\,, \ N \ \ i \ 1 \ 0 . ..„ ..... . . . o,--" \\„ \ _. r ___. _ ___ _ _ _ _\ _ __ J . ...., „.. \I \ . 1 * 'I it - ‘ , \ .,,_ \ 1 "'"•-• ---,_, , f „ . • \,.... ,,, F / \ ., Q) PENROFSE . - - t■ • 1 ! 1 1 ' 11 AREA \ , \ \ U T , L . R 'et.. N i s l ■ ) I v:5. I A i , ., .,, . ,,, . o sT,LA9o3oR a \ , r , 700 T/L 7200 .. i i , . k ) i\ Cil \. I \ T/L 6900 rA. A. . ,-...". I ‘,....... 1 . • - . T/L 1500 1 1 4,ii) 0 . 3 1 6 A . '10 ,-• \ 2 \ N IV _. . . . . 1 1 1 \It 1 0 i 1 0\ ‘,. " INV . (f) I (1) • . , - , 1 11 rA. 6800 T (\.1 N T E R 1 f? A - C E -r"--;\ 7„ :: ----- ...--- his - ,. \ , 22 .2-8. , . ‘ i \ A N e l - in - TA. 7700 23 I . _ .-. . .,, -, ._ ' - - - - , TA. 9300 z \./ — -----1 'zt -ct ' -- \ \ \\ \ , , , --'---. _ • • . . .,, -,- , ••:. TA. 7800 1 T/L 7900 k it ■,. . • . , ' ; ;,• - i 1 \ -_,_ 1 _ I ' _.i, __I . , . . __ . _ .... . .: . __. . , - - 1 ,, 1 . 1 . _ ...._.... _ _ _ ........... _ .. _ ... _ .., _ _._. __ - -SCALE: 1' =50' ., . ... ., . . . . . , .. 1 A \ i . ... . 1 . • . , , ' It L _ _ _ _ _ _ _ . . .,.._. _, i i \ . . ,- ......_ _ _ , S.W. INEZ STREET . . . . ..., , 1—= .A . . - . _ L,.. _ _,.- \ . . , ,,,: . _ . I-4-1 \, — ,---" . • . _ , . . • , . . _. . ` " - - - ,. „ • 1 . -, - • L -....4- . . . . ,. • ' ; , > ,! ,, _ ., . , , ....< in SHEET 1 OF 2..‘ ._,......_ ...,..4,' . ,,..,_ -, ., ,,,....,_ ,,-1, . . . . . _ ... s - _ - - - - _ ___�-��.... - +--ter - �. -�...- tee.... -r.� .�.. -. .ate .e. - .�a:rr ,- «..�..i... �. - - - ... �.. ...<-- ....x -- ��. e.�� .r - . :.. -.. —. - -e - ...s�.?"��t �.�...._.�.. - - .r �:+.�r.r....-- r- ...-.w GRADING NOTES: 1. THE CUT AND FILL AREAS AS SHOWN ARE TO BE BLENDED TO THE ADJACENT LAND � �-i , TO FORM A GENTLE SLOPE OF 4:1 OR FLATTER. AREAS IN EXCESS OF THIS SLOPE p F. SHALL BE HYDRO- SEEDED OR OTHERIMSE PROTECTED FROM EROSION. - 2. ALL AREAS TO RECEIVE STRUCTURAL FILL SHALL BE STRIPPED OF ALL VEGETATION, THE FILL PLACE? AND COMPACTED TO 95% DENSITY, ANO THE MATERIAL FROM _ STRIPPING SPREAD OVER THE FILL, SHAPED TO DR AND WHEEL ROLLED. -, p R T7tLI l �l ARY 1 1J 1 3. THE l OOF AND FOOTING DRAINS SHALL DISCHARGE THROUGH THE CURB, OR IF THIS IS NOT POSSIBLE, INTO A PIPING SYSTEM WHICH DISCHARGES INTO THE STORM SEWER. DATE: 10-- 23--96 SCALE: 1" =50' 4. A SWALE SHALL BE FORMED ALONG EACH SIDE AND /OR REAR LOT LINE AS APPLICABLE REVISED TREES 11-20-96 TO MANAGE THE DRAINAGE AFTER THE HOMES ARE CONSTRUCTED AND FINE GRADED. , , PRELIMINARY GRADING _ , ,. AND TREE LOCATION PLAN T /L'S 9100 & 9200, MAP 2S 1 11 BA - DEVELOPER: ENGINEERS— SURVEYORS: RICHARD WHITEMAN HARRIS— McMONAGLE P.O. BOX 2065 ASSOCIATES, INC. LAKE.OSWEGO, OR 97035 12555 S.W. HALL BLVD. (503) 781 -4331 TIGARD, OREGON 97223 ... (503) 639 -3453 TOPOGRAPHY: CITY OF TIGARD — U.S.G.S. ZONING: R -4.5 (7,500 S.F. LOTS) EXISTING USE: TWO SINGLE FAMILY HOMES ON TWO TAX LOTS PROPOSED USE: SIX SINGLE FAMILY LOTS SITE AREA: 1.57 ACRES 1 T r ---i . 4 4 1 5 \ s i P N l\ I( s E T/L 1700 1 1 \ T/L 7600 T/L 7700 \ T/L 7800 T/L 7300 1 \ 1 33 34 N. r/L 8800 T/L 8900 1 —' - H 3 S.W. JUBILEE COURT T 7504 F .. I I 1 N. S.W. VIEW TERRACE T E R R A C �, 2 JU B1�EE� PL,� Ci \ y T/L 7400 1 . / —I — - _ �. i , 9 1 8 ' 7 r _ _ — i ( � 1 �` r/4 8100 , T4 8000 T/L 7900 _ 1 U JJ ,1�`` ' ' %' \ - - - 1 4. TK E6 ! 1�u/�7�3ERS 69A" /1R/3caRis • , 1 . l , 6' P' E J ` t i _ _ _. , + °.., 1 » ` s , ::: y .. * 2 V f = + t =.. `. � r �a f.. / § y _ `s V + EXISTING � " ;j. * , C , , l to T/L 8300 TA 1600 { , HOUSE r' = T L ' 9,00 ` ' (( s. 1 9100 ° 7:7" a , (/) 1 I 1' N. .'. ° �� ` j v �.� 5'0 2 - 3 _ 'Y' `a, ma t .�?i.,R',," . - rk1F .L _.. S �• ! ` \ . r �.y I1 3L'° E XIST. €3y.. -* 04' 6 'i1s ~ :''r'' 250 t I I: ,.,s S ; a __ 1 % _.. HOUSE ,. :Psf \ Q , 1 I \ , ' t - k f 4 1 - � _': ;' id'f' I ` yf ` �1 +a (� g - �j .' 6 . - V 1 + j l % 1 ! .' l �. ' C {'' f it'{ I /,. \ t,", ¢ - .. Ts �'`1 to �i!tit / \ - 1 , - k: ° ` -. _ : - 7 r I I _ \ \ ti4'� ...-_,.**117,7„; l . r,• r} T/L 8600 / \ �9 ! 1 T L 84 PRI T 1 30 • 1 N ` i . 8500 { I b.. sI V / /►'/ �� `� , - -1, \ / T/L ` { *fir \ \ I \ \ 1 _.- . tit \ - - 1� .•v� _ 16 s I t"�°"""'i° 1 ` � 0 .\ c I ; 1 ' S , P N R D T �t` i U T. L E R . P 1 t 4 5 1 S E k w -., -- E 1 T/L 1500 I i } 7 , \ T/L 6900 T/L 7000 T/L 7100 - T/L \ . b C E ,\ , T ( f \ T E R R C E 22 Jo-‘" . \ 1 \ \ \ T/L 9300 \ — J TA 7700 24 \ / T/L 7800 + T/L 7900 3 • '1 \ `'� \ — 1 I i 1 , ' , SCALE: 1" =50' 1 - - � 1 1 { l T/L 6700 c..) --- --� 1 t S.W. INEZ STREET g L_ ____ _...._ -.._.. __ .. _... _ _ — ,. -- SHEET 2 OF 2 to 546c/4t-00b' Is% � � � .^ ;' :,�'., u= . : .. vT' •�� -�'� � '< �a's :'n.+. = 'C7+ + _e`x w '' �:,,°+"�" _ _ • .P .. -. -a•. ,- _ .. +... s ... .:: . ,. a .a _.7 'F, - ' .:. - x.- .Yasu,.._.€. ---rt• �.u:.......4,s....,W - „ . • , ` , -: .?' - fir, 'rn�. .�”. --'-' .`^=' •.�:. ' �= :- ,. - • �� - g.: € .` , _ v s " ._ _ - , - _ - .,.r- .___ «__, -tea _.. _....— _..... - ,.-- "'- __.,.— .... -. -..,— ......_ -__• -_<.. -. -_ . » a a _ e„ _ _ _ "* __ _""` _ ^ _ _ - _ - - -- . - - • k ` f - ' µ ;,ms x . " -- - , i . ' - Y s t` M1 i r _ - _. _. ._.�........ ,... . ' � e,;::..�- ..�..,— ,moo..,' [5 3 _ , py i Y - ' K ° .. _ .. ta - .- - - - 0 a Y.t _ - •"4n , _ - �$ ° '� .:7 i mu ep�a ;"E._. , , , > y fi. � r _ c �= y ,2' �. _ - - � i --i4' .!?. -i4' $fii� - CUB` A� �rD j � i ;-� �r�`� :���"£: ;,�• °� , �, ;.� �. � ,,. _. �a rsr.r = �x�sr. pvtilr. r� - 1 y �_, _ !?? s l :� — .pts , F ^ 3 ri .... ti ..+ - - - .r te. ++-a.� ` >xA� + r- - w ,,.. _� a y� Cal ,*P` *l 4 . _. 5T0 CUR9 � r • - 5! t • - \ , - „--•,• ' .. J. E b J- YJ..J. �v fur ' " ' I 4 C 4SS' . ASP A £T!G C'0MG/•'£1E� , + a _ . _. Y F . t J ar �: - ? i K _ Lt't�Et Rt? J NC r - _ , EY I - it s .i- :'�, ''E ROCK - ' - - . , _ ;& % ,�iti !N � ! �,, _r X3 1. Ntii f�'y fit•;, -y -'• =' ' $ } 4 t ` , = , ' DATE: - 1 Q '23 - -96 - . SCALE. _ 1 C� f= } �: - vrr $' g , , TYPICAL I'l�N r,, 1 - 1 - 1 • HAL. , STR Er . SEC �s� �- �� �f l g1 • 1 1 _ = - 11 ,1 S ' i N(7 SCALE' ' ` } r (r' a 1 = i`► �r r . : _ . ,. • • .. . . ., . ., .,, . 3 •,,..„ ,:•,-,. -... •:.;-_,tid '•-•:-: °- IA - . -..-...... A - -_ . •,--_5(14t • !?", I , , •._, ,, ,,• . ' • ' - *-'- °- • * 111 1%; - :;, -- 1- - „ ,._,:,,, 7 17s". 7" "'`'° ,....;- '._ sx •1 . t -- . ; '‘, •r ------ ' ! :- - ' MAP, 2S 11f3A . � _ :. Y i �_, s 1 farnt!sr k t t , i0• 111 f0' • 2' f .1, sr., t '_ - v , , ,iEc �, R rai t:` ,,, GEV1l Q 2: ENGINEERS-SURVEYORS: (j LA-. Y • R1CHAR? mil) MAN HARRIS•-- McMONAGL _ l if : re,---e_.4 ` r � l �t 'a ��q 1 ` , t .., N.4 BOX 2065 - ASS OCIATES 1NC.. . , .? - � ) F , _ + Z +':7+ 2 & A' s t - s , k — V , r5s1a ,rt , .. IAKF OSI�'ECO 41� 9 7035 12555 S.W. MA LI, L�LYD. c.... r. _, - •, 1; . , ` D ; ` 1.`- '`M (503) 781 -X 4331.. T1GI J 0, OREGON 97223 +L' e: _. _ . _ .. .. ►. 4 - -- � j 1 1 Ha f.- : ` $ '0 a '' -1 ' # } `/ 'f ' , , . - • • • (503) 639 -3453 • _ • - a'` �s c ' �asPtL roc co t , _ ' : ' st . ,,,'-• f 1 TOPOGRAPHY: CITY OF TIGAID — U.S.G.S. - " " / L £ YE'LlPP RC jGx : A ';. ` , _ �•'a _ , ,. - . ' ;� . r T #tom ' �,f .' 6, Y _ - - , 1a �� '#I ■ ZONING: R- 4.5 (7,500 S.F. LOTS) -7 7 ' (- BASE ROC �� " . E� � ? x ' - . . t � it 5 6 . . : " y '--'' ! - . . 7, r' ,. ' , _ _ ' ,..�1 ' EXISTI USE I O SINGLE FAMILY HOMES ON TWO TAX LOTS - - 1YPICAL `J -r REEr .SEC -. - - - PROPOSED USE: SIX SINGLE ,FAMILY LOTS, PRIVATE' ®,' ROADS V1 MAP x SITE AREA: 1.57 ACRES , SCALE N o SCALE �` = - �--- - ---� - - ....../__ —sue = - -� - _!T — ____s1.4 _ _ __ __ _ _ -- - _____ ___ _ _ _ a 2 Y` r 1 C m GEN 1 AL NOTES i �r ` �i y t-� _ 1. All WQRK 511AlL CONFORM 70; THE,Ci1V OF 11GARD STANDARDS AND • 1 1: \��\ 4- 1 '� \ `"` f I i V V L_ S1 I:CifiC . • T/L 7700 � /L 7600 - r/t »t? • , r/t 7800 - 2. SANITARY SUM SERV?C£- as site 8 E PROVIQ£D 6Y EXTENQiN A PUBLIC 1 T/L 7300 y\ \ . N 33 3� LANE FROM 6 EXISTING 8 ST116 i.4CAT TO 7NE..EAST OF ThE SITS _ ; �r � �, / ca., ( N1 8800 T/L 8900 - 1 1N LOT 3 , PENROSE 1tR ACE. _ ,: ' - 1 4,� F - _ - -. - \ 1 ` � ` ) 3 STORIA WATER' GRAiNAGE,'a L1, BE PROVIDED BY A N EXISTING 10 ST UE3 • . + J TO T tl NORTH. ROOF AND FOOTING 4RAiN5 FROM THE HOUSES WILL ' 1 ---. -1 3 •-- ---. _ _ _ sm . __ •_ • -- ` DRAIN INTO A NEW LINE TO 13E CONSTRUCTED ALONG Tai NORI1i It�iE _ 1 . r /t , S W. 'JUBILEE COUR - - - � -s . -s,�.� 4F THE SIDE. . a :_�- �.. a :. -'• :_ _ -SAN. --- 5 4 — 1 : - , . -_ '. , . _ , �__ __� { -O -- -- . -- ...4,' DOMESTIC WATER _wil BE SERVED BY E - EXiSTI:io LINE' LOCAfEa IN r - :, 2 V ! 1,� t L. F l h ' _ � S.W. TERRACE , ; 7 i AVE. r ° - -1 T 7400 \ `°-. _ a _ y _ 1 __ .' - __ _ �. _ ., ; - I ! �; 1 \ T 4 8 Ot? 1 '`''` r/L ' 8004 i' ''' -.,,, r/L 1900 . -� ' " r E A E _ =` °: f ' 75.8 - � : s ,! 24' 5 1 . 6 8 :.. „: 1 : F., * • ' II\ T. a_ 5 8 �-°- 7 7 i' s°n.4 ---- °87 -- $ i 1 /2 P011 1- 28 EXlSTNG !i L �_ `y '`� °`� � -emu • t ' 1 • / T/L 8340 ` !�` c � X #5 T N 2Q ' SA NITARY SEVs .k _ TEL 1600 C �� ,sous ,� T /�! 9 ® --L,„<„,,, ��: ` ` I - : 1. 1 _ _ TM DRAINAGE EASEMENT`-, "�- ` 1 . - \, � e go 2 3 3 ° ' � ._ _ _,� 4 , 2 5 - 6 ` � .� 1 1 w � l \15.i0 , S.F. \r - -� 7„., S F\ 7,503 S.F 7,~j0$- S.F. � T, 531 S.F. N 7,538 S.F f \ / '�- r - r ° , \ \ HO SE TG BE • �' % * p \,, I Q4`ED R j R�2 i 138 1x38 i 1^ �e 75.8' _ 7. 53 �' 41' • 1 _ _ - _ - — _ p �, 5 34 _ ,�.� a : i &' i � �/ R W �_ _._- _ . _ R - rla' ,___ ._. _� r ,® _ T/L $400 ! r /'..,. . _� t +r 59.8. 3� FZi 2 1 ' 9 /� \ 'S` ! ._ . a�� � ...3` �w _ 'r_. -_ -, . ,,._. T/L 8540 _ v s 1 QTR, - �`' � I 3, 14. S . F: .� ti r \ 1 5 I i + 11 1 T i \ \ \ ,,>, -� L f , \ 1% R 0, S E L . .1 1 1 I 'i -- - . \ \ a T 'L 1500 1 s T L 93Gt ` 3 6 � . . - �I � 2 T/L 6900 I r/t 7000 T/L 7 1 00' T/L 7240 `` �'° =.: 1 'I r/L x840 \ nn N r.\.•.,„ , _ r 1 \ \, Trt 9300 �° ---...„44 .� 0... . 0... ,..x r/L 7:x00 23 ] 24 \ \ �, r/L 7800 ! T/L 7900 _ . . - , I \\ 1 SCALE: Asa -=�Q' I I I ;I T/c so 0 11_ �_ _ . _ I , S.W. INEZ STREET e �" - ./ - '. - 1 j T • ._ - __ ... �.._. -' _ -. .-_ , .. _ ..' _- . ,. r _ -° .6°'•- •,: - -1 ... -..- __ LY • -'.' s°^ -- -'' - . _ v. _ . , _+ _ ., __ ,z•,., v-r r ¢ .: .s s n ate. . wr _ T _ _ s -- .. ry x . -- - - 'w - b'wm. C+Y+.: + .n "=wt zva.a'•E' ¢ Y' 1 __ _ -_ - -_ _ _ . 'ri _ .. - � ., 6 . Y .. _ ...._. x s .. ... •. .,.. . "- .®:sw '" :zw;>xa:w.. - `;'" 3.3 ^ r.s- 'r'."- '.s.. 'i:.a`.w3'a ,..waS.ma.sei" .i.L''a• 3.#.=+_d m:G e , S.W,w.r • .. ,� �<.�.- ..�sw�•� -= _ >w- ",�-,u ,�, uc+., rs.a.,._,.� ��. .,.' �., ,�._.�,.3a.,,Q,.a��._....•�, --� �w ..,- �,.c- , €- .s..,...m,.....a � ....a.�,...a, - _ ,. - - --S�IDID-- - - g • - . - - �at • • r - , _ - " 1 - f r ' . Z a - k • )a s - 691Z PLAT BOOK PAGE RECORDED AS DOCUMENT No. . - r i--- m N it,i pi _ 1E ., BEING A RE-PLAT OF PARCELS 1 AND 2 OF J - 1 11100 • - Ow - -k ) ' PARTITION PLAT 1994-052 SITUATED IN THE 2" GRASS CAP rN MON BOX INTERSECTION OF 0 N.W. CORNER OF SECTION 11 , r2S R 1 W, MCDONALD & O'MARA ST. S CORNER OF �+,J [� THE GEORGE RICHARDSc ON D L C #3,3 o v f ft WILLAMETTE M E R I D IAN CITY O F TIGARD GEODETIC REFERENCE N 30 ° 39'30" N 1209.62' ' `� f CI TY OF TIGARD GEODE TIC COORDINA TE POIN T IN WASHINGTON COUNTY OREGON SURVEY 20,178 BASED ON CITY OF TIGARD \ GEODETIC CONTROL SUR 19,947 \--7 DATE: 6 -26 -97 L-----\. , . JOB NO: 96 -41 SCALE: 1" = 40' \ BASIS OF BEARING & BOUNDARY DETERMINATION: 0 . PARTITION PLAT 1994 -052 AND SURVEY NO: SN 24,279 0 v x o��� J U B I L E E P L A C E REGISTERED "11,,,,\ I �� ' j V ( I + I PROFESSIONAL , -o LOT LOT / LOT LOT 7.SO' -- -.-j- LOT -_,____ °� LAND SURVEYOR �2,\' . g 7 I C.) c r'- PARTITION PLAT CORNER 7 . 50 ' -- 1 HEREBY CERTIFY THAT THIS f \ INITIAL POINT H ELD 5/8" \ REMOVED TO ELIMINATE " I VEXISTNG PUBLIC 15' STORM DRAIN- EASET 1 RANG IS L808" THE PLAT " KER ASSC, I. 1' 0 R E G 0 N \ N. W. CORNER PARTITION Y.P.C. G&L PLS. 1389" HELD 5/8" I.R.F. R.P.C. rer JULY 14, 1987 PLAT 1994 -052 AND 9.74' N 89 ° 6'16" E 501.71' I "W.L.Mc LS 808 LOT WILLIAM L. McMONAGLE \ WILLIAM L Mc71NA� 8 0 8 ( , \ SN 242T9 41, EXPIRES 12 -31 -98 r 127.60' 0 74.83' 74,88' 76.15 l 3 o 86.33' 61.92' , i� p „ S 00 E- * 20 00' P. S. D. E. & P. S. S. E. 0 HARRIS- McMONAGLE ASSOCIATES, INC. G-� 30.00' cv 20' PVT -S D.E. 20 00' 1 N 6 N , H ENGINEERS SURVEYORS - - 12555 S.W. HALL BLVD. (SEE PLATNOTE NO. 3) ,'7%+\ ` o TIGARD, OR 97223 -6287 3 3 89 E 1 p 15 P. S. D. E. o 3) ra PHONE: (503) 639 -3453 FAX: (503) 639 -1232 Iu V ¢ ¢ ¢`J N _ P.S D.E. � z 1 & P.S.S.E. N N o - � 9 N LOT �; LOT 1 o a, N \ .9 JE LOT LOT u) ' LO `" N LOT N N p ch « 1 ° 8 2 o g 3 0 0 c\ 2 • 5 `' 6 SURVEYORS CERTIFICATE o °' o 0 0 7, S.F. ° 7,500 S.F. �" o 11 vt .00 7,546 S.F. N 7,559 S.F. 7, 50b S.F. if,l'I 1 ° 15.230 230 SF. F. z z z 3.13 ` �� 20.0 } I WILLIAM L McMONAGLE, HEREBY CERTIFY THAT I HAVE CORRECTLY z a ° o t SURVEYED AND MARI<ED WITH PROPER MONUMENTS, ALL LOTS, TRACT CJ) N 89 ° 53'39" E p + o 0 %Rt,tE_F A�AND {SCI+ r1DARY LINE GaANGE N DIRECTION THE LALAND 9.79 - - - - - -- - ��9y� � ! , ' G' REPRESENTED IN THE ANNEXED PLAT AND AT THE INITIAL PONT I FOUND \ v O j• N 89 ° 56'16" E q�.5`L O ` `P o � A 5/8" IRON ROD MITH RED PLASTIC CAP STAMPED "AIL Mc L.S. 808" AT I ? 26,25' 74,83 74.8$' 52,15' NI o S 40.33' THE N W. CORNER OF PARTITION PLAT 1994 -052, AS SET !N SURVEY 24279; � -- �- - -� _ • ----- ---< z 12.00' 0 �- 82 P.O. .O. T 10.00' fl • THENCE DESCRIBING THE "SHANNON MEADOWS" PLA 7 BOuNDAR r, Z. ∎vJ L� ,_ TRACT ' A " _ -- 240 _ -- _ -- -� ' 75.33' to ' ALONG THE NORTH LINE OF PARTITION PLAT 1994 -052 BEING COMMON TO 18•Ov -�` - - 12.00' • - -I v 12,524 SOFT. ° 65.33' " I (, 7. `� 5 N S 89 53'39" W r THE SOUTH LINE OF THE PLAT OF "JUBILEE PLACE ", N 89`56'16" E ., 3/4 I.P.F. + . �� � _ 60.00 CORNER ' 501 71 FEET TO THE N E. ORNER OF SAID PARTITION PLAT BEING ON THE i <= d9 00 ;NITH NAIL IN L=5.41' 25 L. 0 � 5 ' � 60.04� 100.37s - - _. � WEST LINE OF LOT 32, OF THE "PENROSE TERRACE" FLAT, THENCE ALONG MON. BOX �O • c , 0) R � 46. S 89 o 53 ' 39 W 369.37' 1 2.19' LOT THE COMMON BOUNDARY LINE OF THE LAST SAID PLATS, S 00 ° 4 P.C. CURVE 6'50" W _ O < ' _ 51 0 �� 5/8" I. R.F. Y.P.C. 31 _ 123 99 FEET TO THE N E CORNER OF LOT 6 OF THE "BUTLER TERRACE" - 30.00' ' 26.25` 0 L� fl00 1\ - HELD 2" I.P.F. INITIAL POINT "TECH.ENG. PLS 990 5 8" LR.F. Y.P.C. " 5 8. HELD 5/8" !.R F. PLAT, ALSO BEING THE S E CORNER OF SAID PARTITION PLA R 447 48 T, THENCE - "4 '_ ~ R °• L .-JO TRACT 13 C BUTTLER TERRACE "T LR.F. Y.P.C ENO. PLS 990" / ALONG THE NORTH BOUNDARY OF "BUTLER TERRACE" S 89 W g \ "JE H,ENG. PLS 9 90 369 37 FEET TO THE N.N. CORNER OF LAST SAID PLAT; THENCE ALONG THE L= 19.41 26 . ;2 � • R=114.00. - 114 3 S.F. 0 5/8 I.R.F. Y . P . C . _._... t,_.,__ # "CARLILE�PhS 221" - NEST BOU OF LAST SAID PLAT S 00 ° 48'09" W 162.18 FEET TO THE IS S 52 54 27 E LOP LOP LO r LOT MOST S.E. CORNER OF PARCEL 1, OF PARTITION PLAT 1994 -052; THENCE S 89 ° 56 ' 16 " W 124.78 2.45' OF INITIAL POINT \ 3 4 5 6 S 89 ° 53'18" ti/ 10.00 FEET TO THE S E. CORNER OF PARCEL 3, LAST SAID co 170 PLAT, THENCE ALONG THE EAST LINE OF SAID PARCEL 3, N 00 ° 48'09" E HELD 5/8" I.R.F. Y.P.C. HELD 5/8" LR.F, Y.P.C. o ' 127 56 FEET TO THE N E. CORNER THEREOF, THENCE S 89 ° 56'16" W N 124.78 FEET TO THE N W CORNER THEREOF ON THE EASTERLY 30 00 FOOT "G�cL PLS 1989 " "G&L PLS 1989" i� c° N 5/8" I.R F. Y P.C. L RIGHT OF WAY LINE OF S.W 97th. AVENUE, THENCE ALONG SAID LINE ON ill "1ECH,ENG. PLS 990" U T L E R T L R R A C Li THE ARC OF A 447 48 FOOT RADIUS CURVE TO THE RIGHT HAVING A N LOT N \ CENTRAL ANGLE OF 02 ° 29'08" (THE CHORD OF WHICH BEARS N 00 ° 34'28" E 19 41 FEET) AN ARC DISTANCE OF 19.41 FEET; THENCE \ 3 PLATNOTES N0, 4,6,1) 2 y 6 - Is ALONG LAST SAID LINE N 01 ° 49'02" E 139.55 FEET TO THE POINT OF 11.1 3 \ 0'' BEGINNING PARCEL 3 ■ \\ CONTAINING: 1.57 ACRES PARTITION PLAT 0 � � t� 1994 -052 0 ap LOP . A. AS PER ORS 92 070 (PAR. 2) THE POST- ti1GNUtvtEN7ATION OF THE INTERIOR 25.00' 30.00' 't o� R ,, 1 3 MONUMENTS IN THIS SUBDIVISION WILL BE ACCOMPLISHED WITHIN 90 0 CALENDAR DAYS FOLLOWING THE COMPLETION OF PAVING +MPROVEMENTS OR t 0 5/8 I.R.F. fa ,n A ONE YEAR FOLLOWING THE ORIGINAL PLAT RECORDATION WHICHEVER OCCURS " 1 :� SN 18, 790 HELD 5/8 .R.1.Y.P.C. FIRST IN ACCORDANCE WITH ORS 92,060. S "G&L PLS 1989 HELD 5/8" I.R.F. Y.P.C. PLAT NOTES W "G&L PLS 1989" L EG EN D 1. THE "SHANNON MEADOWS" SUBDIVISION IS SUBJECT TO THE CITY • DENOTES POINTS FOUND AS NOTED OF TIGARD CONDITIONS OF APPROVAL AS SET FORTH IN CASE FILE S 89 W MOST SOUTHEASTERLY ZQ 5/8 "X30" IRON ROD SET WITH RED PLASTIC (SUB) 96 -0007 AND (MIS) 96 -0027. 10.00' CORNER PARCEL 1 CAP STAMPED tiN.LMc L.S. 808 PARTITION PLAT 1994 -052 Q DENOTES 5/8 "X30" IRON ROD TO BE SET PER O.R.S. 92.070 2. IN ADDITION TO THE EASEMENTS SHOWN OR NOTED, ALL LOTS AND RED PLASTIC CAP STAMPED "WL.Mc L.S. 808" TRACTS ABUTTING PUBLIC AND PRIVATE ROADWAYS SHALL BE SET ON SUBJECT TO AN 8 00 FOOT WIDE EASEMENT FOR PUBLIC SANITARY SEWERS, DRAINAGE FACILITIES, NA TER SUPPLY, SIDEWALKS AND II DENOTES 5/8 "X30" IRON ROD TO BE SET PER 0 R.S. 92.0719 OTHER PUBLIC AND PRIVATE REGULATED UTILITIES. ALUMINUM CAP STAMPED "N.L Mc. L S 808" 3. LOT 1, ACCESS FROM OR TO S.W. 97tH AVENUE IS PROHIBITED. CURVE DATA: PLAT BOUNDARY CURVE DATA: SET ON INITIAL POINT FOUND AS NOTED 4. "TRACT A " IS A PRIVATE ROADWAY AND SHALL BE OWNED, CODE' DELTA RADIUS LENGTH CHORD CHORD BEARING CODE DELTA RADIUS LENGTH CHORD CHORD BEARING t.P_F. IRON PIPE FOUND OPERATED AND MAINTAINED AS AN EQUAL AND UNDIVIDED T 35 °14'13" 100.00 61 50' 60 54' N72 ° 19'10 "E o o LR.F. IRON ROD FOUND INTEREST BY LOTS 1 THROUGH 6 AND TRACT "B ". R 35 °11'36" 81.12' 49 82' 49 05' N72 ° 17'5} "E 02 29'08" 447 48 ' 19.41' 19.41' N00 34'28 "E " Y.P.C. YELLOW PLASTIC CAP 5 "TRACT A ", IS A PRIVATE ROADWAY AND IS SUBJECT TO A BLANKET T "A 35°11'36" 3511 75 00' 46 6 ' 36" 75 06' 4 05' 07' 45 5 4 35' 35' N72 N72 °17 " 1 "E E R.P.C. RED PLASTIC CAP EASEMENT FOR PUBLIC SANITARY SEWERS, DRAINAGE FACILITIES, WATER R/W RIGHT OF NAY SUPPLY, SIDEWALKS AND OTHER PUBLIC AND PRIVATE REGULATED LOT 1 35 ° 14'13" 86.00' 52 89' 52 06' N72 °19'10 "E S.N. SURVEY NUMBER UTILITIES LOT 1 35 °11'36" 81.12' 49 82' 49 -05' N72 ° 17'51 "E C/L CENTERLINE LOT 4 90 ° 00'00" 24.00' 37.70' 33 94' N44 ° 53'39 "E 6. TRACT "B. IS HEREBY CONVEYED TO THE OWNER OF PARCEL 3 OF PARTITION LOT 5 90 ° 00'00" 24.00' 37.70' 33 94' N45 °06'21 "W P.S.D.E. PUBLIC STORM DRAINAGE EASEMENT PLAT NO 1994 -052 BY DEED RECORDING NO. �A ' F' 75'''4''7, a ._I: r i "H P S.S.E. PUBLIC SANITARY SEWER EASEMENT , L - •,VNR f r A ' F L uF r AF. v'J PLAT 1 J _ t _ T �'�_ ?, ' Ti ti �' ;jj �3- t�� + - ' 1, � fiEL�NtJI�i;HED TRA! i B� .�`� it '',r ' rI`,i wr I _,� ;c' % 7 ,. r. �� � PVT. S D E F'RI ✓A TE STORM DRAINAGE EASEMENT ALL RIGHTS OF LicE TO THAT 30 FOOT WIDE INGRESS AND ENGRESS EASEMENT P.O.T. POINT )N TANGENT SHOWN ON SAID FLAT, AS SET FORTH IN DEED RECORDING NO SHEET 1 OF 2 __. E rte r . _ PLAT 11300K _ _ PAGE '# _ . RECORDED AS DOCIJMEN N a. .,� [3EING A RE -PLAT OF PARCELS 1 AND 2 OF _ 1 REG1S1 ERED �` T ARTI TION PLAT 199- - -052, SITUATED IN THE PROFESSIONAL N.W. CORNEF OF SECTION 1 1, T2S, R 1 W, LAND SUR ,,� TRACING AN R EXA T H A T TH F �=� � WI LI�AME. ITT MERIDIAN, CITY CAF TIGARD, THE PLAT � �__ ��� , WASI SING TON COUNTY OREGON O R E G O N �i �, JULY 14, 1967 iN1LL;Ala L. McMGtvAGLE _ WILLIAM L. Mc MONAC _E _ 8 0 8 — EXPIRES 12 -31 -98 DATE: 6 -26 -97 HARRIS —M MONAGLE ASSOCIATES, IN ENGINEERS— SURVEYORS 12555 S.W. R&L 8LVO. J N O : 9 6 --- 4 1 TIGARD, OR 9 7223 — 628 7 PHONE: (503) 639 -3453 FAX: (503) 639 -1232 BASIS OF BEARING & BOUNDARY DETERMINATION: PARTITI PLAT 1994 - 052 AND SURVEY NO: SN 24,279 DECLARATION: KNOW ALL MEN BY THESE PRESENTS THAT RICHARD 'WHITEMAN, DOES HEREBY MAKE, ESTABLISH AND DECLARE THE ANNEXED MAP OF "SHANNON MEADOWS" AS DESCRIBED IN THE ACCOMPANYING SURVEYORS CERTIFICATE A TRUE MAP AND PLAT THEREOF; ALL LOTS AND -TRACTS BEING OF THE DIMENSIONS SHOWN A N D HEREBY GRANTS ALL TRACTS AND EASEMENTS SET FORTH FOR THE USES STA TED AND AS SHOWN CR NOTED ON SAID MAP. CITY OF TIGARD APPROVALS: STATE OF OREGON ) COUNTY OF WASHINGTON ) ss. BY _ _ APPROVED THIS DAY OF , 1997. ,4;C_.HARD t4'f�ITEMAN I DO HEREBY CERTIFY THAT THIS SUBDIVISION PLAT, NAS RECEIVED FOR BY: RECORD ON THIS DAY OF_ __ __ �_, 1997 AT __.__ ___.� CITY ENGINEER - O'CLOCK M, AND RECORDED .N THE COUNTY CLERK RECORDS. ACKNOWLEDGEMENT: APPROVED THIS DAY OF , 1997 BY: _ -__ __ DEPUTY COUNTY CLERK STATE OF OREGON ) BY: __ _ - - COUNTY OF WASHINGTON ) ss. COMMUNITY DEVELOPMENT DIRECTOR ) STATE OF OREGON COUNTY OF W ASHINGTON )ss. BE I T REMEMBERED THAT ON THIS DAY OF e._)997 BEFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE AND COUNTY WASHINGTON COUNTY APPROVALS I DO HEREBY CERTIFY THAT THIS TRACING IS A COPY CERTIFIED TO ME, PERSONALLY APPEARED RICHARD 1 'vHIT EM AN s'�HO BEING DULY SWORN DID SAY BY THE SURVEYOR OF THIS SUBDIVISION PLAT, TO BE A TRUE AND EXACT THAT HE IS THE ABOVE NAMED INDIVIDUAL AND THAT SAID INSTRUMENT WAS CGPY OF TI E ORr'GINAL, AND THAT IT '�NAS a ?ECCRDED GN ThE DAY SIGNED AND HE ACKNOWLEDGED SAID INSTRUMENT TO BE A FREE ACT AND APPROVED THIS DAY OF , 1997 GF ,1997, AT O'CLOCK M, AND RECORDED DEED. WASHINGTON COUNTY SURVEYOR W THE COUNTY CLERK RECORDS. IN TESTIMONY WHEREOF, I HAVE HEREUNTO, SET MY HAND AND AFFIXED MY BY: OFFICIAL SEAL THE DAY AND YEAR LAST ABOVE WRITTEN. B Y: DEPUTY COUNTY CLERK APPROVED THIS DAY GF , 1997 DIRECTOR OF ASSESSMENT AND TAXATION (WASHINGTON COUNTY ASSESSOR) B Y: __ A t ATTEST THIS DAY OF �_ , 1997 . DIRECTOR OF ASSESSMENT AND TAXATION EX— OFFICIO COUNTY CLERK INTERIOR CORNER MONUMENTATION: �� BY: IN ACCORDANCE WITH O.R.S. 92.070, THE INTERIOR CORNERS OF THIS DEPUTY SUBDIVISION HAVE BEEN CORRECTLY SET WITH PROPER MONUMENTS. AN AFFIDAVIT HAS BEEN PREPARED REGARDING THE SETTING OF SAID MONUMENTS AND IS RECORDED IN DOCUMENT NO. APPROVED THIS DAY OF 1997 WASHINGTON COUNTY DEED RECORDS. WASHINGTON COUNTY BOARD OF COMMISSIONERS APPROVED THIS DAY OF , 1997. WASHING TON COUNTY SURVEYOR A SUBDIVISION PLAT CONSENT AFFIDAVIT FROM , A TRUST DEED BENEFICIARY, HAS BEEN RECORDED IN DOCUMENT NO.____ WASHINGTON COUNTY DEED RECORDS. sHLL I 2 OF f