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SUB1998-00005 • !.!,L�! 120 DAYS = 12/22/98 CITY OF TIGARD Community Development ShapingA Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Number(s): SUBDIVISION (SUB] 98 -0005 Case Name(s): LAUTTS TERRACE SUBDIVISION Name of Owner: Ronald R. Lautt Name of Applicant: Same Address of Applicant: 14100 SW 97th Avenue City: Tigard State: Oregon Zip: 97224 Address of Property: 14140 SW 97th Avenue City: Tigard State: Oregon Zip: 97224 Tax Map & Lot No(s).: WCTM 2S111 BA, Tax Lot 08900. Request - -> AT THE SEPTEMBER 28,1998 PUBLIC HEARING, THE HEARINGS OFFICER APPROVED, SUBJECT TO CONDRIONS, A REQUEST FOR SUBDIVISION APPROVAL TO DIVIDE ONE (11 PARCEL OF APPROXIMATELY 129 ACRES INTO EIGHT (81 LOTS RANGING IN SIZE FROM 7,500 TO 9,166 SQUARE FEET. Zone: R-4.5; Single - Family Residential (7,500 Square Feet). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.96, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. Action: — ❑ Approval as Requested © Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies © The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision: 9), DATE OF FILING: OCTOBER 9, 1998 THE DECISION SHALL BE FINAL ON MONDAY - OCTOBER 19,1998, UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 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 plus transcript costs, not in excess of $500. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON OCTOBER 19,1998. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639 -4171. SUB 98 -0005 LAUTTS TERRACE 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 Ronald Lautt for ) FINAL ORDER approval of a preliminary plan to divide 1.79 acres ) into 8 single family lots in the R-4.5 zone at 14140 ) SUB 98 -0005 SW 97th Avenue in the City of Tigard, Oregon ) (Lautt's Terrace) I. SUMMARY A. This final order concerns an application by Ronald Lautt (the "applicant ") to subdivide property located at 14140 SW 97th Avenue (the "site "). The applicant proposes to divide the 1.79 -acre site into 8 lots. All of the proposed lots do or can comply with dimensional requirements of the R -4.5 zone. The applicant proposes to construct a single family detached dwelling on each of the proposed lots. B. The applicant will extend public sewer and water service to each lot. The applicant will dedicate right of way and construct half width improvements along the site's 97th Avenue frontage. The applicant proposes to dedicate and improve SW Rhonda Court as a roughly 280 -foot long cul -de -sac street east of 97th Avenue, across from the intersection of SW Elrose Street. All proposed lots will front on the proposed cul -de -sac street. Four abutting properties east of the site also will access the cul de sac street; tax lots 114, 9000 and 109 and one lot in the Brelynn Woods subdivision. These properties currently access SW 97th Avenue via a 15 -foot easement across the site. C. The applicant proposes to collect storm water runoff from impervious areas and to direct it to an existing stormwater line located along the north boundary of this site. The applicant submitted a preliminary downstream analysis demonstrating that adequate capacity to accommodate the increased stormwater runoff from this site. The applicant proposed a drywell for water quality treatment before discharging it to the storm sewer. D. At the public hearing in this matter, City staff recommended approval, subject to conditions. See the Staff Report dated September 28, 1998 (the "Staff Report"). The applicant accepted the staff recommendations with minor exceptions. No one else testified in this case. The principal issues in this case include: • Whether wetlands exist on or near the site and how they must be protected; • Whether the applicant can retain an existing accessory building on the site; • Whether the proposed development will provide adequate treatment of stormwater runoff; and • What the applicant should name the proposed cul de sac street. E. For the reasons provided and referenced in this final order, the hearings officer approves the preliminary plan for the subdivision substantially as proposed, subject to the conditions recommended by City staff with certain modifications described more herein. II. HEARING AND RECORD A. Tigard Land Use Hearings Officer Larry Epstein (the "hearings officer") held a duly noticed public hearing on September 28, 1998 to receive and consider public testimony in this matter. The following testimony was offered at the hearing. Alk • 1. City planner Mark Roberts summarized the Staff Report and the proposed development. a. He noted that a sensitive area (wetland) may exist on or near the north boundary of the site. The applicant must provide a wetland determination and/or delineation prior to final plat. If any sensitive lands are discovered, the applicant must protect the area with a 25 -foot upland buffer. USA regulations require the applicant to create a separate tract for the buffer. b. He noted that each lot must have a minimum 25 feet of frontage on a public street. The applicant must revise the final plat to provide additional frontage for proposed lots 2 and 5. c. The hearings officer observed that the east -west street directly west of the site is named Elrose Street, and that naming the cul de sac street on the applicant's site "Rhonda Court" would be confusing. The Police Department made a similar observation. Mr. Roberts testified city staff identified another section of Rhonda Court east of the site aligned with the proposed cul de sac street on the site, so they believed Rhonda Court was a suitable name for the street. 2. City engineer Brian Rager noted that the applicant must demonstrate that the proposed water quality facilities will provide sufficient treatment to comply with USA regulations. The water quality manhole proposed by the applicant may not provide sufficient treatment. The applicant may need to install additional water quality facilities, potentially including a landscaped facility. In response to a question by the hearings officer he testified that the tree protection required by condition 22 can consist of protective fencing along the dripline of the trees the applicant intends to preserve. 3. Tom Burton appeared as the representative for the applicant. a. He opined that the existing shed on the site will not comply with setback requirements. The applicant intends to use the shed to store construction materials and equipment during construction on the site. He testified that the shed is constructed on a concrete foundation and may be difficult to move. He requested the hearings officer modify condition of approval 19 to allow the applicant to retain the shed and submit a bond or other financial assurance in to ensure its removal upon completion of the development. b. He requested the hearings officer modify condition of approval 24 to allow the applicant to dedicate a conservation easement to protect any wetlands identified on or near the site. Creation of a separate tract may reduce the number of lots the applicant can plat on the site. 4. The hearings officer closed the public record at the conclusion of the hearing and announced his intention to approve the application. . III. DISCUSSION A. City staff recommended approval of the application based on findings and conclusions and subject to conditions of approval recommended in the Staff Report. The applicant accepted those conditions with certain exceptions. The hearings officer agrees generally with those findings, conclusions and conditions, and adopts the affirmative findings in the Staff Report as support for this Final Order except as expressly provided to the contrary in this Final Order. Hearings Officer Final Order SUB 98 -0005 (Lautt's Terrace subdivision) Page 2 B. City staff question whether the proposed stormwater facilities, i.e., a drywell, will provide adequate treatment of stormwater runoff. 1. Treatment of stormwater runoff is regulated by USA and enforced by the City. The applicant must obtain City approval of the design of the on -site water quality facilities prior to construction. The applicant has the burden of proof to demonstrate the proposed facilities will provide sufficient stormwater treatment to comply with USA regulations. 2. The applicant may need to construct additional stormwater facilities to achieve compliance with USA regulations. The applicant must locate any above ground treatment facilities in a tract and convey the tract to the City. The applicant also must maintain all stormwater facilities for a minimum of three years after construction is completed. This is required by proposed condition of approval 10. C. USA expressed concern that there may be a "sensitive area" (wetland) on or near the north boundary of the site. The applicant must have this area reviewed by a professional wetlands ecologist or biologist. If sensitive lands exist on or near the site, the applicant must create a 25 -foot buffer to protect the sensitive lands from development on the site. See R &O 96-44. USA regulations require the applicant to locate the buffer within a separate tract. 1. If a buffer is required, the applicant proposed to protect the buffer with a conservation easement rather than a tract. Creation of a separate tract will reduce the developable area on the site and may reduce the number of lots the applicant can develop on this site. a. The hearings officer has no authority to approve a conservation easement. Only USA has that authority. The applicant can request USA to approve a conservation easement in lieu of a tract. The hearings officer finds that condition of approval 24 should be modified to this effect. b. If a sensitive lands buffer extends onto the property, and if USA declines to allow the applicant to protect that buffer using a conservation easement, then the applicant shall establish a tract for that purpose, and shall revise the fmal plat accordingly. That may reduce the number of lots in the plat. D. The hearings officer finds that the applicant must remove the existing shed or relocate it to comply with minimum setback requirements prior to fmal plat. 1. The existing shed is located in the area of proposed lots 3 and 4 near the proposed cul -de -sac bulb. The shed will not comply with setback requirements from the boundaries of the proposed lots. Therefore, unless the shed is removed prior to final plat approval, filing the plat will create a setback violation. The City cannot approve a subdivision plat which will create a violation. 2. The applicant's proposal to provide a bond or other financial assurance would not alter the violation. If the shed remains in its current location the applicant will create a setback violation when he files the final plat. The City cannot approve creation of a violation. Therefore the applicant must remove or relocate the shed to comply with setback requirements prior to final plat approval. Hearings Officer Final Order SUB 98 -0005 (Lautt's Terrace subdivision) Page 3 • �► E. The Tigard Police Department opined that the applicant should name the proposed cul de sac street SW Elrose Court, because that is the name of the east -west street west of the site that will align with the cul de sac street on the site. • 1. The hearings officer agrees with the observation of the Police Department. The alignment of the proposed cul de sac street on the applicant's site is the same as the alignment of Elrose Street to the west. It would be confusing to have the street segments on either side of 97th Avenue have different names. The applicant is in effect continuing proposed street SW Elrose Street across the intersection with SW 97th Avenue. Therefore it is appropriate to use the same name. , 2. There is an existing street named SW Elrose Court roughly 600 feet east of the site, west of SW 93rd Avenue on the same alignment as the cul de sac street on the site. This is further support for continuing the name for the same alignment. 3. Although city staff testified that there is a street named Rhonda Court somewhere east of the site, it is not evident from the record in the case. Even if there is a Rhonda Court at some point east, the street on the applicant's site is much closer to the • street segments named Elrose. Therefore that is the name that should be used for the cul de sac street on the site. IV. CONCLUSION The hearings officer concludes that the subdivision application does or can comply with the relevant standards and criteria of the Tigard Community Development Code (CDC) as provided in this Final Order, provided the application is subject to conditions of approval that ensure the final subdivision plat and subsequent development will comply with applicable CDC standards and criteria. Therefore those applications should be approved subject to such conditions. V. DECISION Based on the findings and conclusions provided or referenced in this Final Order, the hearings officer hereby approves SUB 98 -0005 (Lautt's Terrace) subject to the conditions of approval in the Staff Report with the following changes: A. Condition of approval 1 is hereby amended to add the following: 1.. ... The name of the cul de sac street on the site shall be SW Elrose Court. B. Condition of approval 8 is hereby amended to read as follows: 8. The applicant shall dedicate on the face of the final plat access easements to allow adjacent parcels to access SW Elrose Court... [remainder unchanged] C. Condition of approval 10. is hereby amended to read as follows: 10. Final design plans and calculations for a water quality facility sufficient to comply with the water quality standards of the Unified Sewerage Agency shall be submitted to the Engineering Department (Brian Rager) as a part of the public improvement plans... [remainder unchanged] D. Condition of approval 24 is hereby amended to read as follows: Hearings Officer Final Order SUB 98 -0005 (Lautt's Terrace subdivision) Page.4 24. ' The applicant shall provide a wetland determination and/or delineation. If wetlands or other sensitive land areas are located on or within 25 feet of the site, the applicant shall revise the plat to provide a 25 -foot buffer area from the edge of the sensitive land area. The applicant shall locate the buffer in a separate tract, unless USA approves an alternative protection measure such as a conservation easement. • ATE ► this 7th day • . er, 1998. lir / l Eps - • , • . Cj City of Ti;.ard gs Officer Hearings Officer Final Order SUB 98 -0005 (Laura's Terrace subdivision) • Page 5 • Agenda Item: 2.2 Hearing Date: September 28. 1998 7:00 PM STAFF REPORT TO THE Aloo � ysti ` I a HEARINGS OFFICER CITY OF TIGARD Community 'Development FOR THE CITY OF TIGARD, OREGON Shaping Better Community SECTION I: APPLICATION SUMMARY CASE(S): FILE NAME: LAUTT'S TERRACE SUBDIVISION Subdivision SUB 98 -0005 PROPOSAL: The applicant has requested subdivision approval to divide one (1) parcel of approximately 1.79 acres into eight (8) lots ranging in size from 7,500 to 9,766 square feet. APPLICANT: Ronald Lautt OWNER: Same 10100 SW 97th Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 1 -5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 7,500 Square Foot Minimum Lot Size; R-4.5. LOCATION: 14140 SW 97th Avenue; WCTM 2S111 BA, Tax Lot 08900. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.96, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. SECTION II: STAFF RECOMMENDATION Staff recommends that the Hearing's Officer find that the proposed development will not adversely affect the health, safety, and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended Conditions of Approval: 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 1 OF 21 SUB 98-0005 - LAUTT'S TERRACE SUBDIVISION • • CONDITIONS OF APPROVAL ALL CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT WITH WASHINGTON COUNTY. Unless otherwise specified, the staff contact for all conditions is Brian Rager with the Engineering Department at 503 - 639 - 4171.) 1. Prior to approval of the final . plat, 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. (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 exact legal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 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 applicant shall dedicate additional right -of -way along the frontage of SW 97th Avenue to provide 30 feet from centerline. This dedication shall be shown on the face of the final plat. 5. The applicant shall construct the following frontage improvements along SW 97th Avenue as a part of this project: a. 6 -foot concrete sidewalk; b. street trees behind the sidewalk spaced per TDC requirements; and c. streetlighting, as determined by the City Engineer. 6. Full width street' improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. 7. Lots in this subdivision shall not be permitted to access directly onto SW 97th Avenue. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 2 OF 21 SUB 98 -0005 - LAUTT'S TERRACE SUBDIVISION • • • • 8. The applicant shall dedicate on the face of the final plat access easements necessary to allow adjacent parcels to access SW Rhonda Court. The properties in question are those that presently are allowed access across the existing access easement. The applicant's construction plans shall also show how driveways will be provided to these adjacent parcels. 9. 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, as a part of the Engineering Department plan review. NOTE: An estimated 12 per cent of the water system costs must be on deposit with the Water Department prior to approval of the public improvement plans from the Engineering Department and construction of public water lines. 10. Final design .plans and calculations for the proposed public water quality facility shall be submitted to the Engineering Department (Brian Rager) as a part of the public improvement plans. Included with the plans shall be a proposed landscape plan (if a landscaped facility is proposed) to be approved by the City Engineer. The proposed facility shall be dedicated in a tract to the City of Tigard on the final plat. As a part of the improvement Manual for the proposed facility for approval by the Maintenance Services Director. The facility shall be maintained by the developer for a three -year period from the conditional acceptance of the public improvements. A written evaluation of the operation and maintenance shall be submitted and approved prior to acceptance for maintenance by the City. Once the three -year maintenance period is completed, the City will inspect the facility and make note of any problems that have arisen and require them to be resolved before the City will take over maintenance of the facility. In addition, the City will not take over maintenance of the facility unless 80 percent of the landscaping is established and healthy. If at any time during the maintenance period, the landscaping falls below the 80 percent level, the developer shall immediately reinstall all deficient planting at the next appropriate planting opportunity. 11. 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. 12. 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, and show that they will 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). 13. The applicant shall provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report shall be incorporated into the final grading plan. A final construction supervision report shall be filed with the Engineering Department prior to issuance of building permits. 14. 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 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 3 OF 21 SUB 98-0005 - LAUTT'S TERRACE SUBDIVISION • to the utility lines and will be $ 27.50 per lineal foot. If the fee option is chosen, the amount will be $ 5,280.00 and it shall be paid prior to approval of the final plat. 15. Final Plat Application Submission Requirements: A. Submit for City review three paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative; B. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard; • C. The right -of -way dedication for SW 97th Avenue and the new street shall be made on the final plat; D. NOTE: Washington County will not begin their review of the final plat until they receive a letter from the City Engineering Department indicating: 1) that the City has reviewed the final plat and submitted comments to the applicant's surveyor, and 2) that the applicant has either completed any public improvements associated with the project, or has at least obtained the necessary public improvement permit from the City to complete the work; and E. Once the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer's signature. 16. The applicant shall provide plans to the water Department for review and approval of the proposed water system including the proposed water connection, water meters and fire hydrants. STAFF CONTACT: Mike Miller, Water Department 17. Any existing homes that are to be kept shall be connected to sanitary sewer service. STAFF CONTACT: David Scott, Building Division. 18. The applicant shall pay a $295 Final Plat review check fee prior to submitting the final plat to the City for review. STAFF CONTACT: Mark Roberts, Planning Division. 19. The applicant shall either provide evidence that the accessory structure on Lot 3 is located in such a way that it meets setback standards or the structure shall be relocated or removed prior to plat recording. STAFF CONTACT: Mark Roberts, Planning Division. 20. Prior to recording the subdivision plat, the applicant shall provide a street tree planting plan that indicates the species, size and location of future required street trees. A bond or other method of assurance shall be provided prior to recording the subdivision plat in order to assure planting. Prior to release of the deposit, the street trees shall be planted. STAFF CONTACT: Mark Roberts, Planning Division. 21. The applicant shall also record a deed restriction for those trees that are to be preserved. The deed restriction may be removed or may be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. STAFF CONTACT: Mark Roberts, Planning Division. 22. The applicant shall also construct the recommended tree protection measures for trees that are recommended for preservation. The consulting arborist shall provide a written 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 4 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • report that these measures have been installed. STAFF CONTACT: Mark Roberts, Planning Division. 23. The applicant shall revise Lots 2 and 5 so that both have a minimum of 25 feet of frontage on the proposed Local Street. STAFF CONTACT: Mark Roberts, Planning Division. 24. The applicant shall provide a wetland's determination and /or delineation and where necessary make revisions to the plat to provide a 25 -foot buffer tract area, to any wetlands or other sensitive land's areas either on this property or on an adjoining property. STAFF CONTACT: Mark Roberts, Planning Division. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 25. Prior to final building inspection, the applicant shall provide the Engineering . Department with a recorded mylar copy of the subdivision plat. 26. 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 improvements are completely finished; and 4) all street lights are installed and ready to be energized. 27. 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. 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: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 5 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • 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: As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. 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. 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: 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. 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: Three (3) copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 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. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation 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. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 6 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • The following centerline monuments shall be set: 1. All centerline - centerline intersection points; 2. All cul -de -sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All.centerline monuments shall be during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul -de -sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.164 Street & Utility Improvement Standards: 18.164.120 Utilities 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. 18.164.130 Cash or Bond Required 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. 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. The cash or bond shall comply with the terms and conditions of Section 18.160.180. 18.164.150 Installation: Prerequisite /Permit Fee 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. 18.164.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 7 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • 18.164.200 Engineer's Certification Required 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 subject Tax Lot 08900 was annexed into the City and received a zone change (ZC 6- 79) in 1979. A subdivision (S 5 -81) was approved in 1981 (current Tax Lots 00105 and 08900). A Minor Land Partition (MLP 19 -81) was approved in 1981 (current Tax Lots 00105 and 08900). A Subdivision (SUB 90 -0013) was denied by Council on appeal in 1990 (current Tax Lots 00105 and 08900). A Lot Line adjustment (MIS 91 -0003) was approved in 1991 (current Tax Lots 00105, 00114, and 08900). A Minor Land Partition (MLP 93 -0002) was approved in 1993 (current Tax Lots 09000 and 08900). A Lot Line Adjustment (MIS 94 -0001) was approved in 1994 (current Tax Lots 00105 and 00114). A Lot Line Adjustment (MIS 97- 0013) was approved in 1997 (current Tax Lots 00105, 00113 and 08900) to increase Tax Lot 08900 in size. No other development applications were found to have been filed with the City. Vicinity Information: To the west the property is adjoined by detached, single - family residences. To the south, the property abuts a detached, single - family residence near SW 97th Avenue. This property has vacant areas behind the home to the east. To the north, the property is adjoined by detached single family residences. To the east and southeast are developed with detached, single - family residences. Site Information and Proposal Description: The site slopes from the south west corner of the property towards the northeast corner a total of 18 feet over a distance of approximately 350 feet. The property is presently developed with detached, single - family residences. The subdivision plan indicates that a total of 24 trees exist on the property. The subdivision plan indicates that 10 of these trees are over 12 inches in diameter. Except for a 12 -inch Fir tree on Lot 3, these trees are primarily within 90 feet of the southern property line. The proposal is to subdivide a 1.79 acre parcel into 8 lots to develop detached, single - family residences. A cul -de -sac public street is proposed to be developed as a project entry from SW 97th Avenue. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 8 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 states the applicant shall either specifically concur with a requirement for public right -of -way dedication, or provide evidence that supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Alternatively, an applicant may specifically concur with the requirement for dedication of right -of -way to the public and waive the impact study analysis by dedicating the right -of -way and completion of a waiver statement. An impact study was provided. The applicant proposes to develop under existing required system development fees and construct full street improvements for proposed Local Street and along the SW 97th Avenue project frontage. Any required street improvements to certain collector or higher volume streets, and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A -Boy Expansion /Dolan II /Resolution 95 -61, TIF's are expected to recapture 32 per cent of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for each trip that is generated is $189.00 The total TIF for a detached, single - family dwelling is $1,890.00. The proposed Local Street, is not eligible for TIF Credits because the Local Street would serve the proposed development. Right -of -way dedication and half street improvements on the site's SW 97th Avenue frontage is assumed to cost $200 per lineal foot. Because the site has approximately 200 feet lineal feet of frontage, a total value for this proposed to street improvement is estimated at $40,000. It is estimated that a TIF credit for approximately 1/2 of the improvement costs to SW 97th Avenue or up to $20,000 would be allowed with construction of these improvements. Upon completion of the subdivision improvements, the future builders of the residences will be required to pay TIF's of approximately $15,120 ($1,890 x 8 dwelling units): Thus, only up to $15,120 credit can be realized against the estimated construction cost. Based on an estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of the project traffic impact on major streets is $45,360.00 ($5,670 x 8). Assuming the $40,000 street improvement cost is reduced by subtracting the largest potential TIF Credit of $15,120 this would leave a total net street improvement cost of $24,880. Because the project has a total estimated impact on Major Streets of $45,360, the proposed half street improvements along the SW 97th Avenue frontage is less than the cost of the impact of the development on the street system. For this reason it is recommended that the City accept the proposed Public Improvements under the recommended Conditions of Approval. Use Classification: Section 18.42 sets forth use definitions for use classifications. The . applicant is proposing to create building sites for detached, single - family residences. This use is classified in Section 18.42 as single family detached residential dwelling. Section 18.42 lists detached, single - family residences as a permitted use in the R-4.5 Zoning District. The applicant proposes to develop 8 new detached, single - family residences that are one of the permitted uses within the R-4.5 Zoning District. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 9 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • Dimensional Requirements: Section 18.50 states that the minimum lot area for each dwelling unit in the R-4.5 zoning district is 7,500 square feet. An average lot width requirement of 50 feet is required in the R-4.5 Zoning District. Each of the eight (8) proposed Tots exceeds the 7,500 square foot lot minimum, in compliance with this standard. Each of the eight (8) lots exceeds the 50 -foot average width requirement. Lot 8 is proposed to provide the narrowest width with an average width of approximately 70 feet. Development Standards: Section 18.50 contains standards for the R-4.5 Zoning District. 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 The preliminary plat submittal did not indicate the precise building envelope after subtraction of setbacks. However, the proposed building sites appear to be of sufficient width and depth to accommodate detached, single - family residences as proposed. Considering the location of the proposed property lines, the existing home will also comply with the R-4.5 Zoning District setback standards. Although no variance was requested as part of this application, the applicant requested a ' reduction to the 15 -foot rear yard setback to Lot 8 assuming the southern property line was considered the rear yard setback. The applicant requested that this setback be reduced to a 10 -foot setback. This lot is a corner lot , the Community Development Code allows for a choice as to the front, side and rear yard setbacks on corner lots where each lot side with street frontage has a minimum of 75 feet of frontage. Lot 8 as proposed would not exceed 75 feet of frontage along the SW 97th Avenue side. Therefore Lot 8's SW 97th Avenue street frontage is considered the front yard. The yard opposite SW 97th Avenue would then be considered the rear yard. For that reason Lot 8's southern property line would be considered an interior sideyard and have a 5 -foot side yard setback. For this reason no setback variance is necessary to develop within 5 feet of Lot 8's southern property line. Although this was not shown on the subdivision plat, an accessory shed structure exists approximately within the front yard area proposed as Lot 3. The applicant shall either provide evidence that the accessory structure on Lot 3 is located in such a way that it meets setback standards or the structure shall be relocated or removed prior to plat recording. Solar Access: Section 18.88.040(C)(1) contains solar access standards for new residential development. A subdivision complies with the design standards where 80% or more of the newly created parcels meet either the Basic Solar Access Standard, the Solar Building Line Option or the Performance Option. 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 - 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 10 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION west axis. Alternatively, an applicant can meet the City's Solar Access Standards by complying with the protected Solar Building Line Option or the Performance Option. Energy efficiency is ensured through the location of the residence with sufficient solar access or through the design of the homes that incorporates window glazing with solar orientation. An applicant can request an exception to the solar access standards based on the following development constraints: Site topography in excess of a 10 percent slope, shade from existing on -site or off -site vegetation or structures, significant natural features, existing street public easement patterns, impacts to density, cost or amenities of the project that adds five percent or more to the cost of each lot. To comply with the Basic Standard, a minimum of seven (7) of the eight (8) lots (or 80 per cent) are required to comply with the Basic Solar Access standard, the Solar Building Line Option, or the Performance Option. As designed, a total of four (4) of the lots comply with the Basic Standard. Specifically Lots 4 -7 comply because they provide a minimum north - south dimension of 90 feet or more. Due to impacts to site density that would add more than 5 percent to the cost of each lot, it is recommended that the four (4) remaining lots be exempted from compliance with the standard. Specifically, the subdivision design exemption would apply to Lots 1 -3 and 8. Solar Balance Point: Section 18.88.050(B) requires that one and two (2) family residences that are developed on lots that were exempted from Compliance with the Basic Solar Access standards comply with the Solar Balance Point requirements. The Solar Balance Point standards may apply to this development at the time of Building Permit application. The plans for the residences to be built on each of the lots will be reviewed for conformance with the height and building design standards of the Solar Balance Point requirements. Each home will be required to be designed to ensure that the southern building elevation will have access to passive solar energy for heating and cooling purposes. The Solar Balance Point Standards apply to each lot whether they were exempted from the subdivision design standard or not. It should be noted that the repeal of the Solar Access standards will be effective November 26, 1998. Future Building Permit applications filed after the date of adoption would not be subject to the requirements of this standard. 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 and land dedicated for public roads or parks. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots that may be created on a site. The applicant has provided calculations conceming the allowed density for this site. The total gross site area is 1.79 acres or 77,972 square feet. A total square footage of 15,594 square feet or 20 per cent of the site is deducted for areas dedicated to the public for right -of- way. This leaves a net buildable area of 62,377 square feet. By dividing the minimum lot size of 7,500 square feet into the net buildable area, the property has the area to yield up to eight (8) dwelling units. The applicant has proposed to develop a total of eight (8) new dwelling units and therefore the subdivision complies with the applicable density standards. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 11 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • Landscaping: Section 18.100 contains landscaping standards for new development. The applicant must also comply with the standards set forth in Section 18.100.035 that 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. 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; and 3. Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40 feet apart. The applicant's submittal discussed that a street tree planting plan would be provided as the project progressed. Prior to recording the subdivision plat the applicant shall provide a street tree planting plan that indicates the species, size and location of required street trees. A bond or other method of assurance shall also be provided prior to recording the subdivision plat to ensure planting. Prior to release of the deposit, the street trees shall be planted. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right -of -ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right -of -way and the driveway and then connecting these two (2) 30 foot distance points with a straight line. 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. Through the Building Permit review process, setbacks of the structures will be checked. Based on the location of the buildable areas within each lot, it is expected that future site improvements can comply with this requirement. Access: Section 18.108 sets minimum standards for access to residential development. As proposed all of the Tots would utilize the proposed public street in compliance with this section. Project trip generation relative to the proposed street type and design is reviewed elsewhere within this report. 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. The applicant has provided an arborist report identifies all existing trees greater than 12 inches in diameter. The subdivision plan states that ten (10) of these twelve (12) trees are in excess of 12 inches in diameter. The proposed site plan identifies a total of two (2) of these trees that will need to be removed to develop Lot 6. An additional three (3) 9 -28 -98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 12 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION trees will also need to be removed on this lot but these trees are less than 12 inches in diameter. Due to the property configuration it does not appear possible to work around these trees. Since the applicant is retaining more than 75 percent of the existing trees, Section 18.150.070.D does not require tree mitigation for trees that are to be lost. Prior to recording the plat, the applicant shall record a deed restriction for those trees that are to be preserved. The applicant shall also construct recommended tree protection measures to preserve the dripline area of these trees. 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; 2. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92; 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; and 4. An explanation has been provided for all common improvements. Compliance with the standards listed in Criterion 1 are addressed elsewhere within this staff report. The proposed Lautt's Terrace plat name is not known to duplicate other plats as, required by Criterion 2. The proposal addresses Criterion 3 because street improvements for the new Local Street and property frontage requirements for the SW 97th Avenue frontage are proposed. No common areas have been proposed as part of this subdivision, therefore, Criterion 4 is met. Street and Utility Improvements Standards: Section 18.164 contains the following standards for streets and utilities serving a subdivision: Street 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. The applicant has agreed to provide street improvements such as curb, gutter, and sidewalk along the property frontage on SW 97th Avenue and the proposed Local Street, "SW Rhonda Court", through this development. Conditions of Approval related to the timing and construction of these improvements have been recommended. Minimum Rights -of -Way and Street Widths: Section 18.164.030(E) provides a range for Public Streets to be developed for Local Street purposes. This chart provides a range for right -of -way and street widths. The right -of -way width range provided for this purpose is 36 to 50 feet. The street width range is 24 to 34 feet of width. The applicant has proposed the use of a public street to serve the existing and new residences. This street, as proposed, has a total right -of -way of 44 feet with a paved section of 28 feet. It is expected that this facility will need to accommodate 130 vehicle trips per day based on the proposed eight (8) dwelling units and the other five (5) existing dwelling units that would utilize this street for access. Based on the estimated number of trips, the street design as proposed is consistent with the Local Street classification. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 13 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • 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. 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. This site is a small infill property within a largely developed area. The extension of a street to the south towards SW Mountain View Lane is considered to be precluded because the existing residence on Tax Lot 00107 to the south dictates that the alignment of the street extend through a substantial portion of Lots 5 and 6 which would likely make the creation of one of these lots impossible. Extending a street in this area would also require the removal of most or all of the existing trees on proposed Lot 6. For these reasons it is not recommended that a street extension be required. Street Alignment and Connections: Section 18.164.030(G) requires all local streets that 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 site is a small infill property within a largely developed area. The extension of a street to the south towards SW Mountain View Lane is considered to be precluded because the existing residence on Tax Lot 00107 . to the south dictates that the alignment of the street extend through a substantial portion of Lots 5 and 6 which would likely make the creation of one of these lots impossible. Extending a street in this area would also require the removal of most or all of the existing trees on proposed Lot 6. For these reasons it is not recommended that a street extension be required. Curbs. Curb Cuts. Ramps. and Driveway Approaches: Section 18.164.030(N) requires the following: 1. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080, and; A. Concrete curbs and driveway approaches are required; except B. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval; and C. Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. Through the required engineering plans, these street improvements will be reviewed and approved by the Engineering Department for the applicant's frontage within the subdivision. Future curb, gutter, and sidewalk for these streets will be provided in accordance with City standards. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 14 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • 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. The proposed development of SW. Rhonda Court would serve the proposed development but is not proposed to be extended to serve adjoining future and /or existing development. Considering other existing residential development in this area, the extension of a Local Street to the south, is the most that would appear possible in terms of a street extension. However, the existing residence on Tax Lot 00107 to the south dictates that the alignment of the street extend through a substantial portion of Lots 5 and 6 that would likely make the creation of one of these lots impossible. Extending a street in this area would also require the removal of most or all of the existing trees on proposed Lot 6. For these reasons it is not recommended that a street extension be required. 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: A. Where street location is precluded by natural topography, wetlands or other bodies of water or, pre - existing development; or B. For blocks adjacent to arterial streets, limited access highways, major collectors or railroads; and C. For non - residential blocks in which internal public circulation provides equivalent access. Because the proposed cul -de -sac street would not be extended in the future and is approximately a 270 -foot length this block would not exceed an 1,800 foot length. Extension of another street connection to SW 97th Avenue is not possible given the limited 200 feet of site frontage. Considering other existing residential development in this area, the extension of a Local Street to the south, is the most that would appear possible in terms of a street extension. However, the existing residence on Tax Lot 107 to the south dictates that the alignment of the street extend through a substantial portion of Lots 5 and 6 that would likely make the creation of one of these Tots impossible. Extending a street in this area would also require the removal of most or all of the existing trees on proposed Lot 6. For these reasons it is not recommended that a street extension be required. 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. The proposed block length of SW Rhonda Court will not exceed 600 feet as proposed. At its longest length the street would have a length of 280 feet. For this reason a requirement for a mid block pedestrian connection is not required. 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. The subdivision, as designed, complies with this standard. None of the proposed lots will exceed a 2.5 to 1 length to depth ratio. 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. The minimum frontage width standard is met for 6 of the 8 lots because they have frontage in excess of the 25 -foot minimum 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 15 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION . • requirement. The applicant shall revise Lots 2 and 5 so that both are provided with a minimum of 25 feet of frontage on the proposed Local Street. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. Sidewalks have been proposed to be provided within the development. Full half - street improvements along the applicant's frontage on SW 97th Avenue are recommended at this time. The proposed Local Street is also proposed to be Local Street standards with required finished street improvements such as curb, gutter and sidewalk. Sanitary Sewers: Section 18.164.090 requires sanitary sewer service. Sanitary sewer facilities are to be extended from a sewer line within SW 97th Avenue. The applicant also proposes to connect sanitary sewer laterals to an existing line that exists along the northern property line. The applicant's engineer states that these lines have sufficient capacity to meet the additional demand that will be created by the development of this subdivision. Storm Drainage: Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. The applicant proposes to direct storm water from this subdivision, to a line that is existing along the northern property line of this property and /or to a line that crosses the property and exists along the northern property line. The applicant has provided a preliminary downstream analysis that demonstrates existing facilities have sufficient capacity to handle the increase in storm water runoff that is created by this development. PUBLIC FACILITY CONCERNS: Section's 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), 18.164.100 (Storm Drains) and 18.164.120 (Overhead Utilities) are required to be addressed through the development review process. A review of required Water Quality Treatment, Erosion Control and Water Service have also been provided below: STREETS: SW 97th Avenue This site is adjacent to SW 97th Avenue, which is classified as a major collector street on the City's Transportation Plan Map. This roadway requires a 60 -foot right -of -way (ROW) (30 feet each side of centerline). At present, there is approximately 30 feet of ROW adjacent to Tax Lot 08900, but only 25 feet adjacent to Tax Lot 00113. The applicant has indicated that they will dedicate additional ROW on 97th Avenue to provide 30 feet from centerline. The roadway is paved to City standards in this area and there is curb on the east side of the roadway. The applicant should be conditioned to provide a concrete sidewalk, street trees and streetlights (if necessary) adjacent to the frontage to complete the street improvement. SW Rhonda Court The applicant proposes to construct a new public street, to be called SW Rhonda Court, into this project from SW 97th Avenue. This new street will be a cul -de -sac and is proposed to be built with a paved width of 28 feet inside a 42 -foot ROW. The narrower 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 16 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION 1 • '•' width is allowed by TDC 18.164.030.E, because it is a street where the average daily traffic (ADT) will likely fall below 500 vehicles per day. At present, there are a number of parcels that access SW 97th Avenue via an access easement over this parcel. The applicant's intent is to replace that access easement with SW Rhonda Court and other revised access easements such that these properties are allowed to take direct access onto SW Rhonda Court. Staff approves of this concept, but the preliminary plan is unclear as to how the new access easements will be configured. Prior to approval of the final plat, the applicant shall submit a detailed plan that shows how the adjacent parcels will be granted access rights over the applicant's property to reach SW Rhonda Court. WATER: This site will be served from the City's public water system. The applicant proposes to construct a new public water line from SW 97th Avenue into this site with the SW Rhonda Court street improvements. Final design of the water line shall be reviewed and approved by the City prior to construction. SANITARY SEWER: There are two existing public sanitary sewer lines that either abut or cross through this site. One line is located adjacent to the north property line and runs west to east. The other sewer line is adjacent to the proposed northerly lot lines of Lots 5, 6 and 7 and then makes a bend to the east of Tax Lot 09000 and heads north to intersect with the previously mentioned sewer line. The applicant's plan does not accurately reflect the location of these existing lines. Because of the close proximity of these sewer lines, the applicant is able to simply extend sewer service laterals from the main lines to serve these lots. Prior to construction, the applicant's engineer will need to submit construction plans that accurately reflect the location of the existing sewer lines and proposed service lateral locations. STORM DRAINAGE: The topography, of this site falls primarily to the northeast. There is an existing public storm drainage line that abuts the northerly property line of this site and flows north to tie into the storm drainage system in SW McDonald Street. The applicant's engineer submitted a downstream analysis which shows that the increased runoff from this site will have a negligible impact on the downstream storm drainage system. The applicant's plan indicates that the runoff from the new street and Tots will be directed into a new public storm drainage line that will tie into the existing storm line. A final design of the proposed storm drainage line and connection shall be reviewed and approved by the City prior to construction. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96 -44) which require the construction of on -site 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 17 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • water quality facilities. The facilities shall be designed to remove 65 percent of the �J phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan is required to be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the USA Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. The applicant's narrative indicates that they plan to install a water quality manhole that will meet • USA design standards. Staff is not sure that a manhole alone will meet the standards; the applicant may need to design additional measures to supplement the proposed manhole in order to meet the design standards. Prior to the City accepting the proposed facility as a public facility, the developer shall maintain it for a minimum of three years after construction is completed. If a pond or other such landscaped facility is proposed, it shall be placed in a tract and conveyed to the City on the final plat. The developer will be required to submit annual reports to the City which show what maintenance operations were conducted on the facility for that year. Once the three -year maintenance period is completed, the City will inspect the facility and make note of any problems that have arisen and require them to be resolved before the City will take over maintenance of the facility. In addition, the City will not take over maintenance of the facility unless 80 percent of the landscaping is established and healthy. If at any time during the maintenance period, the landscaping falls below the 80 percent level, the developer shall immediately reinstall all deficient planting at the next appropriate planting opportunity. GRADING AND EROSION CONTROL: USA Design and Construction Standards also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The applicant's design engineer will be required to prepare a final grading plan for review and approval. 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). The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 18 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • 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. The frontage along this site is 192 lineal feet; therefore the fee would be $ 5,280.00. SECTION V: OTHER STAFF COMMENTS The Building Division reviewed this proposal and have offered the following comments: Cul -de -sac shall have a minimum turning radius of 25 feet inside and 45 feet outside. No parking signage shall be posted on one (1) side of SW Rhonda Court for fire truck access. All roof perimeter and underfloor drainage shall be tight piped or to an approved drainage system Lots 1 -4). A Fire Hydrant shall be provided at the intersection of SW Rhonda Court and SW 97th Avenue. SW Rhonda Court and the other proposed storm drainage system must meet the requirements of the Uniform Plumbing Code Chapter 11. Note: In 1994 when the City reduced the cul -de -sac size requirements in response to the State's Transportation Planning Rule the Tualatin Valley Fire District was involved in the review of those changes. The Community Development Code allows for a 35 foot paved street section radius. Based on the Uniform Fire Code requirements, the Building Department can require other Fire and Life Safety upgrades because the paved cul -de -sac radius would not meet minimum Uniform Fire Code standards. The Water Department reviewed this proposal and have offered the following comments: The preliminary plan does not indicate the location a water connection, meters or fire hydrant placement. Water service to Tax Lot 00109 needs to be addressed with the development of this project. Note: A Condition of Approval has been recommended requiring review and approval of the proposed water system to serve this site. Tax Lot 00109 is developed and currently provided with water service, however a utility easement may need to be provided as part of this subdivision for existing utilities to Tax Lots 00109, 09000 and 00114. The Police Department reviewed this proposal and have offered the following comments: It appears that SW Rhonda Court would more appropriately named SW Elrose Court as it looks to be consistent throughout in efforts to reduce delays by emergency service providers. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 19 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION ! • Note: Further east of the subdivision a street has already been named SW Elrose Court, so the use of the same name would result in more confusion than the proposed name. For this reason no name change of the proposed street is recommended. Other affected departments have reviewed this application and have offered no • additional comments or objections. SECTION VI: AGENCY COMMENTS The Unified Sewerage Agency reviewed this application and had 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 Sewage Agency's Construction Design Standards, July 1996 edition). Engineer should verify that 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 hydrologic analysis of storm conveyance system is necessary. If downstream conveyance does not have 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. SENSITIVE AREA A "Sensitive Area" may exist. Developer must preserve a 25 -foot corridor as described in R &O 96 -44, separating the sensitive area from the impact of development. The creek wetland /sensitive area shall be identified on plans. Note: A Condition of Approval has been included that requires the applicant to provide a wetland's determination and /or delineation. Where necessary, the applicant shall make revisions to the plat to provide a 25 foot buffer to any wetlands either on this property or on an adjoining property. Other affected agencies have reviewed this application and have offered no additional comments or objections. • 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 20 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • 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. 7////a144 I/ September 21.1998 PREPARED BY: Mark Roberts DATE Associate Planner, AICP de r ' €- �.r September 21.1998 APP' OVED BY: Richard Bewe sd. s DATE Planning Maria, I: \CURPLN \MARKR \S U BDI VS \SU B98 -05. DOC • 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 21 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION F. L• z P \pN O 04 A 30.00 5... CJ Q fk.0 44 TOR M TURE ..., '" 3 00'47'04 E 131.93 Q 1 7.30' tt.a 7�'q S 88'4704' E ; FEE d. * -- �-- �soAO1T t . = _ �_ — _ ;'t . . CI ` � `1' - - o` « gy 5 0119'00' 8 '�� 8 94%. —$ _ 1 96.34' d TAXEOT 105V4 I II 3 if I ° orn,EK ON LAUTT LOT 2 'I r , _ ' f ° ,• I AV TAX LOT 114 P m 9r� " I 1060. PADS 639 s _e , T , 127.34' ;3.59• I 9006 � Z 693, o LOT Z "Ill 6sza SF 3 2 I. G4 LO ' I p 65 . - L9 I o l °' J � Li 3 • _ � mu _ � 70•. 6• �) 'sc b�j96' Om 0+ / � ■ , T 4/10. . \ 3 I T. LOT 109 STREET �7�E�1•L �� lr y �� i O TN 3-28 PARKER ER ��iii I 00C. N. 93 -28664 0 ! TAX LOT 9000 � ,�' L �. 66 L 2 k. ovU R LAUTT ■6110, Ce �E� ,• O VA C � • . � � 1 � Q / 4 7..11■11.• ' vy�� •{ w • ��• R SEMEN D 15' • LO T 8 WI — — *L ^. .T .._ G,207,-„;,-,,;--7.0 s� � "0.01 • a '"'� oasrc 1 - � v 144..98.' • 1 - CED AR /i . Q O $ 23.16' 7. .. 24 ma LOT C�� O �J 4•cE°AR LOr 5 41 , d- L map ;? •CEDM 6 sF NN is o LOT 7 "1 "CEDAR i� � 2.ceo SF TAX LOT 113 0 7500 4•CED � . 7500 SF 20 FIR -. e• AR 44 ® Q o ° O s • r• RON IAUTT - .. \ � , EMI 6 ®AR tar FIR ,6 6 CEDA � 5. 0' 46 / I 123.16' 4 TAX LOT 107 O 14" FIR •• "-CEDAR v rME,t: ARSE OTTO SITE PLAN CASE Lautt's Terrace EXHIBIT MAP Subdivision SUB 98 -0005 i • ,�� - V -. CITY of TIGARD J \\ GEOGRAPHIC INFORMATION SYSTEM 6 o ' VICINITY MAP 0 o♦ 4* ______________Eaaiwno_Q__ co < lopA SUB 98 -0005 07\r ` V'EW CT Lautt \ s * _ SUBJECT Terrace PARCEL Subdivision MCDONALD STREET lip ply iii . .. . I n n All JANZEN ; • E •r U a Fl ROSF V I- = _ ca t. - 1 � d N Mountain ./"" 0 100 200 300 400 Feet 1 1 "= 279 feet C m � l VIEW TF R - City of Tigard I Information on this map is for general location only and \ \\ should be verified with the Development Services Division. 1 igar , http:llwww Hall 22 i I Tlgard, OR 97223 • (503) \ .ci. O O d.o r.us -� ,CommuLfityt Development Plot date: Sep 4, 1998; Cs►magic‘MAGICO2.APR Ronal R. Lautt NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER 14100 SW 97th Avenue Hearing Date: 9/28/98 Tigard, OR 97223 (Page 1 of 1) is \c u rp I n \setup \I a b e l s \sub 98 -05. I bs Tom Burton SUB 98.0005 12319 NE Glisan Portland, OR 97230 LAUTT'S TERRACE SUBDIVISION Ron Lautt 9450 SW O'Mara Tigard, OR 97224 Tom Parker 14110 SW 97th Avenue Tigard, OR 97224 • 4 AFFIDAVIT OF MAILING ` 0,. CITY OF TIOARD Community rDeveCopment Shaping Better Community STATE OF OclaGO.Ti ) County of Wczshington ) ss. City of 7igarcf ) I, 'Patricia L. Lunsforcd being first duly sworn /affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that I served the following: . {Check Appropriate Box(s) Below} NOTICE OF DECISION FOR: AMENDED NOTICE (File No/Name Reference) City of Tigard. Planning Director NOTICE OF PUBLIC HEARING FOR: il I AMENDED NOTICE • (File No/Name Reference) (Date of Public Hearing) City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council © NOTICE OF FINAL ORDER FOR: SUB 98- 0005 /LAUTT'S TERRACE SUBDIVISION 19/28/98 AMENDED NOTICE (File No./Name Reference) (Date of Public Hearing) • City of Tigard Planning Director 0 Tigard Hearings Officer Tigard Planning Commission Tigard City Council NOTICE OF: (Type/Kind of Notice) FOR: L' 1 (File No/Name Reference) • (Date of Public Hearing, if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION /NOTICE OF FINAL ORDER /OTHER NOTICES) of which is attached, marked EXhibit "A ", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked 3 bit "B ", on the 9 day of October 19' : , and deposited in the United States Mail on the 9 day of October,1998, postage pre• aid. • hill° / I ! � / 1� Subscribed and sworn /affirmed bs're me on the day of ',- 1 .1d1 " , 1' t �.,�� OFF SEAL ( i / + :77.7 ' DIANE M ICIAL JIELDERKS l it/Z2, NOT BLIC OF 0 ' ' 0 �,F, N OTARY COMMISSION PUBLI C•OREGON NO.Oao1 ' f MY CO EXPIRES SEPTEMBER 07, 19 99 My Commission Exp res: • • sip 4 CITY OF TIGARD Community Development S helping A Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS = 12/22/98 FILE NO(S): SUBDIVISION ISUBI 98 -0005 FILE TITLE: MUTT'S TERRACE SUBDIVISION APPLICANT(S): Ronald R. Lautt OWNER(S): Same 14100 SW 97th Avenue Tigard, OR 97223 • (503) 624 -7955 or (503) 516 -6990 REQUEST: A request to divide e lot:, into eight (8) lots that would range in size from 7,500 square feet to 9,776 square feet. LOCATION: 14140 SW 97th Avenue; WCTM 2S111 BA, Tax Lot 08900. ZONE: R -4.5; Single - Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R -4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.94, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. CIT AREA: South CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY: DATE COMMENTS DUE: Tuesday September 8,1998 STAFF DECISION DATE OF DECISION: K HEARINGS OFFICER DATE OF HEARING: September 28,1998 TIME: 7:00 PM PLANNING COMMISSION DATE OF HEARING: TIME: 1:30 PM_ CITY COUNCIL DATE OF HEARING: TIME: 1:30 PM COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION VICINITY MAP K LANDSCAPE PLAN NARRATIVE N SITE PLAN K TREE PLAN ARCHITECTURAL PLAN TRAFFIC IMPACT STUDY K ARBORIST REPORT K OTHER STAFF CONTACT: Mark Roberts, Associate Planner (503) 639 -4171 Ext. 317 SUB 98-0005 LAUTT'S TERRACE SUBDIVISION PROPOSAUREQUEST FOR COMMENTS • SUBDIVISION APPLICATION s...,._ 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 FAX: (503) 684-7297 CITY OF TIGARD PRE -APP. HELD WITH: 1414) GENERAL INFORMATION DATE OF PRE -APP.: fofZYl Property Address/Location(s): 1 A I '1 q 7 +1,1 ' - FOR STAFF USE ONLY T 1 ( -13-0- D Case No.(s):, Si-( 6 9? _Oa O Tax Map & Tax Lot #(s): 2-S I 1 1 Other Case No.(s): S OQ . i • -• ' Receipt No.. ,, (- 385gy0 • Site Size: 1 Application ted Property Owner /Deed Hokfer(s) . o L,n 1 • LA-0 T T Dater oZ 7` • Address: 1 '-i MO5w 4 1 7•1 Ail U e. Phone: 672 cL 4 ' - 1G SS Date Determined To Be Complete: City: -' dvd Zip: `t' - " - t- g0 Applicant*: Comp Plan/Zone Design lion: ' 6; lesideekih,i7e.fgr Address: Phone: City: Zip: CIT Area: • When the owner and the applicant are different people, the applicant Recording Date and Number must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) Rw. e/31re6 iNeurpliAiTuistersiiubie9.doe must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY REQUIRED SUBMITTAL ELEMENTS The owners of record of the subject property request Subdivision approval to divide a: ✓ Application Elements Submitted: p' Application Form parcel into lots between Q Owner's Signature/Written Authorization 49 and 1 square feet in size. Q Title Transfer Instrument or Deed l WA. CO. Subdivision Name Approval • Site/Plot Plan (provide any additional information here) (e of copies based on pre - app check list) [� Site/Plot Plan (reduced 81/2"x 111 [Iv Applicant's Statement (*of copies based on pre -app check list) Q— Filing Fee (Preliminary Plat).... $2,125.00 g (« $10 Per Lot) Final Plat) $ 295.00 Z0 5 OO 1 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: APPLICANTS: To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described, on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPUCANT(S) SHALL CERTIFY THAT: - • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject propSrbl. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. • SIGNATURES of nth owner of the subject property. DATED this g day of il .19 9 F, • / . :/� Sr / i��. 4 . Owner's Signature ' Owner's Signature A II (1' I Owner's Signature Owner's Signature 1 2 11110 . N .,• 41 1 June 22, 1998 " Lautt's Terrace" BURTON ENGINEERING & SURVEY CO. 12319 N.E. GLISAN ST. PORTLAND, OREGON 97230 PH. (503)251 -2947 FAX (503)251 -3714 NARRATIVE TO ACCOMPANY PROPOSED 8 LOT SUBDIVISION "LAUT'S TERRACE" We propose to develop a 8 lot "infill" type subdivision as shown on the included preliminary subdivision plat. This plat proposes development of a full service subdivision, with City standard streets and utilities. We propose to construct and dedicate standard City street (28' width with 46' right of way) and storm drainage collection system to existing drainage way along the north property line. The sanitary sewer main line is in place. We plan to connect services from new lots to this existing system. ZONING The property is presently zoned R 4.5. All lots meet zoning requirements. Lot 2 is a flag lot and is necessary due to the configuration and infill nature of the property. An adjustment to allow a 10 foot rear yard set back is requested for lot 8(assuniing the South line is the rear yard). This is necessary to allow an adequate single family home on this lot. Necessary location of Rhonda Ct. requires this adjustment to allow adequate depth for home construction. There is no impact on the adjoining lot to the South because this line is the side yard line for this house. The proposed plat name "Lautt's Terrace" has been submitted to Washington County for approval. DENSITY CALCULATION Parcel size 1.79 acres = 77,972 sq. ft. Less r/w dedication 20 %= 8,450 sq. ft. Area Available for lots 69,522 sq. ft. /8 = 8,690 sq.ft. /lot The length of the cul -de -sac access is approximately 280 feet Block created is therefore less than 600 feet. FUTURE STREET PLAN The proposed subdivision is a small infill parcel and no future street development is possible. 1 • • June 22, 1998 "Lautt's Terrace" S.W. 97th. is served by bus. There are no bus pullouts or transit facilities within 500 feet of the site. A bicycle route exists on S.W. 97th. There is minimal impact from this project. SOLAR ORIENTATION Five of the eight lots meet solar orientation requirements, North - South dimension of 90 feet with a front lot orientation within 30 degrees of East - West for a 62.5% total of lots meeting the requirements. We request an adjustment to the 62.5% because existing road patterns and creation of new public road right of way together with the small size of this infill parcel make additional solar oriented lots almost impossible. PARKING AND ACCESS Single family dwellings will be constructed on the proposed lots. The homes will include a garage and paved driveway that will accommodate at least 2 cars. CLEAR VISION AREA Access from proposed connection to S.W. 97th. offers adequate site distance to S.W. 97th. in both directions. STREET TREES Street trees will be planted along new street frontage per requirements. Type and location will be shown on final plans. TREE REMOVAL PLAN REOUIREMENTS There are no plans to remove trees for construction of subdivision. Future house construction may require some tree removal. Application for tree removal (if any ) at time of house construction will be included with building permit application. SIGNS Sign permits will be obtained at time of street construction. IMPACT STUDY Existing water main located in S.W. 97th. is adequate to serve the project. A new public line is proposed to be installed in the new S.W. Rhonda Ct. to serve the project. An existing sanitary sewer City main line is in place and will adequately serve the project. Service laterals are 2 • June 22, . 1998 • "Lautt's Terrace" proposed to be constructed to serve the new lots. A storm sewer facility is proposed to be constructed within the project, draining to an existing drainageway. Impact to the transportation system is negligible due to the small size of this development. Noise impact is also negligible due to the development small size and it is in compliance with the area zoning. NEIGHBORHOOD MEETING A neighborhood meeting will be held in compliance with requirements. ADDITIONAL CONCERNS A 15' Easement to the lot in Brelynn Woods has been provide for and the original Easement to this lot is eliminated. Access to tax lots 114, 9000, and 109 will be provided from the proposed cul -de -sac. Tax lot 100 is not shown. Lots in the subdivision will be served by the street as shown developed to full City standards. RIGHT OF WAY DEDICATION Right of way on S.W. 97th. will be dedicated to 30' from centerline and a 1/2 street constructed to minor collector standards with a width of 22 feet from centerline. Right of way for S.W. Rhonda Court will be dedicated for a 46 foot width and constructed to local street standards with a width of 28 feet. STORM SEWER IMPROVEMENTS A downstream analysis for storm drainage runoff is provided herewith. A storm drainage collection system is shown on the proposed subdivision plan. We propose to install an approved water quality manhole to meet water quality treatment standards. TRAFFIC IMPACT FEES Developer plans to pay traffic impact fee. SITE GRADING Developer plans to retain existing ground topography for the proposed lots. Street grading matches closely existing 3 June 22, 1998 • "Lautt's Terrace" ground. Grading profile for street is shown on the proposed subdivision plan. TRAFFIC GENERATION ESTIMATE We estimate the number of auto trips generated by the proposed subdivision to be 10 trips per lot per day for a total of 80 trips additional per day for the development. 4 IMPACT STUDY TRANSPORTATION: Right of way will be dedicated to provide SW 97th Avenue with 30 feet from centerline, and a new street with a right of way width of 42 feet and a cul -de -sac with a 44 foot radius extending 240 feet into the site from SW 97th Avenue. SW 97th Avenue currently has a striped bike lane on its East side. There is existing curb on SW 97th; applicant proposes to add sidewalk and street trees. The new street extending into the property will be a 28 foot pavement width, along with curbs, sidewalks, appropriate storm sewer and underground utilities. DRAINAGE SYSTEM: There are existing storm sewer facilities abutting the North property line and in SW 97th Avenue. A downstream analysis will be done to determine adequacy. PARKS: The site has Main Park as its nearest park, approximately one -half mile to the North. WATER: There is an existing waterline is SW 97th Avenue which can serve the site. SANITARY SEWER: Existing sanitary sewer lines abutting the North and East property lines, and in SW 97th Avenue are capable of serving this site by installation of sanitary laterals. 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(.4 i i • : : 1 . : 4 15173 *: • ' I:"....-* *. - * . • 1 - • . -. 1 .-- - .- - - - • ... ... • . i - • - • - • !• - , . ! . . .. 1 ... . fr ,,,, -ale . • ,. . ov : i o , ! . 1 . . ... . . . . . . - - • -.... ... .. 0- i01‘10011- - - : I I 1 I • ' . I . . . . _ . ..... .... ..... - ■ — I - -1 . 1/144 t 410 ka• I . • 1 . . .. . ... • • • ! 1 1 " .: AS-it 10 i ... . i / • ... . .. ........ .. .. • e. . - ,,.- ; ! ... ..i .. 1 . ... " . . ............. 1 • --,><- ,42 ( r i i , i . linitliti.........1 I" • . . 7 t er45 ORM No. 633 — WARRANTY DEED (Individual or Cori*. . 930 r / ' . usL _ 91055614 -� oA '� Washingt un = Washington County _ WARRANTY DEED �J r) KNOW ALL MEN BY THESE PRESENTS, That Delbert A. Maunu and Sigrid I . ) Maunu 1 hereinafter called the grantor, for the consideration hereinafter stated, to grantor paid by Ronald R. Lautt and Anna M Lautt, husband wife ,. hereinafter called the grantee, does hereby grant, bargain, sell and convey unto the said grantee and grantee's heirs, successors and assigns, that certain real property, with the tenements, hereditaments and appurtenances thereunto belonging or ap- pertaining, situated in the County of Washington and State of Oregon, described as follows, to -wit: A portion of Lot 28, TIGARDVILLE HEIGHTS, Washington County, Oregon, described as follows: Beginning a , •oint on the West line of said Lot 28, TIGARDVILLE HE North 1° 19' Eas •1.5 feet from the Southwest corner thereof• - -i• point being the Northwest cor of that certain easement gra -• o Gwendolyn B. Moffatt and husband by deed ••:• 320, page 68; th-• -- outh 89 54' East along the North line of said easeme and s'•= 'orth line extended Easterly 525 feet, more or less, to the East 1••- r- Lot 28; thence North along the 1 East line of Lot 28 a distance • •0 feet; t -- North 89 54' West 305 % feet; thence South 1° 19' - t 40 feet; thence Nort 54' West 200 feet to an iron on the -- ine of county road No. 696; thence -••tinuing North 89 54' West :.s feet to the West line of said Lot 28; thence •. •'1° 19' j West e.0 feet to the point of beginning, from which point of beginning \ a iron bears South 89 54' East 20.0 feet. (Over ) (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) To Have and to Hold the same unto the said grantee and grantee's heirs, successors and assigns forever. And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, that grantor is lawfully seized in fee simple of the above granted premises, free from all encumbrances excepting 0 those of record. ti THIS DEED IS BEING RE— RECORDED TO CORRECT LEGAL DESCRIPTION shown as Exhibit "A" which is A by reference made a p art hereof and that '' grantor will warrant and forever defend the said premises and every part and parcel thereof against the lawful claims ■4 and demands of all persons whomsoever, except those claiming under the above described encumbrances. : i The true and actual consideration paid for this transfer, stated in terms of dollars, is $ .. 23 . , 0 00 . 00 . i' ®However, the actual consideration consists of or includes other property or value given or promised which is the whole 4 part of the consideration (indicate Which).®' (The sentence between the symbols®, if not applicable, should be deleted. See ORS 93.030.) In construing this deed and where the context so requires, the singular includes the plural and all grammatical W :. :. changes shall be implied to make the provisions hereof apply equally to corporations and to individuals. Z: In Witness Whereof, the grantor has executed this instrument this 16 . . day of .. ._ May o . , t o R S. c cn n I if a corporate grantor, it has caused its name to be signed and seal affixed by its officers, duly authorized thereto by Z :. order of its board of directors. r ' THIS INSTRUMENT DOES NOT GUARANTEE THAT ANY / " -- PARTICULAR USE MAY BE MADE OF THE PROPERTY 1e • ert A . Maunu DESCRIBED IN THIS INSTRUMENT. A BUYER SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY �� PLANNING DEPARTMENT TO VERIFY APPROVED USES. c) - / Sigr' I. Maunu STATE OF OREGON, ) STATE OF REGON, County of ) ss. ss. , 19 County of Y.amhill ) May L6 , 19 85 Personally appeared and who, being duly sworn, each for himself and not one for the other, did say that the former is the Personally appeared the above named D.elber.t...A.....Maunu and president and that the latter is the Sigrid I.. Maunu secretary of - , a corporation, And acknowledged the foregoing instru- and that the seal affixed to the foregoing instrument is the corporate seal meiik _._ r the.ir vo untary ac : nd deed. of said corporation and that said instrument was signed and sealed in be- ' / half of said corporation by authority of its board of directors; and each of • ''w \ �� , // ,t e acknowle • ged sai • instrument to be its voluntary act and deed. •-,•-) <� . 4i , m e . / /` ,, / , , , , . / : 9 o f (O C (OFfFI ei • FFI / I AL SEAL) r m SEAL) ` 'T r) r A of Public for O Notary Public for Oregon : .0.% 'r Oregon 5 -4 -89 A;; 'y omfhission • expires: My commission expires: (If executed by a corporation, H affix corporate seal) STATE OF OREGON, ss. County of GRANTOR'S NAME AND ADDRESS I certify that the within instru - ment was received for record on the day of ,19 , at o'clock M., and recorded GRANTEE'S NAME AND ADDRESS SPACE RESERVED After recording return to: FOR in book /reel /volume No on .t : UPS i oo Pc-b -v f RECORDER'S USE page or as fee /file /instru- 1 4140 § t,0 q- ment /microfilm /reception No , - 11aet RA OR. on Z z,I Record of Deeds of said county. NAME. ADDRESS. ZIP Witness my hand and seal of Until a change is requested all tax statements shall all A be sent to the following address. 3 County affixed. -. .l S . P- ) A W L / -- ---- -_ - ,`"l 1414.0 » 1 171 NAME TITLE 10 oR.. cr/22 .q / p NAME. ADDRESS. ZIP B y Deputy t • • . Ilb _ _,.. . . TOGETHER WITH an easement and right -of -way for road purposes and vehicular traffic over and upon the 15 -foot wide easement adjoining the above described tract on the South, as described in Book 405, Page 274, Deed records. In fulfillment of that certain real estate contract dated 9- 24 -75. Excepting any parcels previously conveyed. Excepting any liens or encumbrances allowed by the Grantees since the date of the contract. • STATE OF OREGON 1 County of Washington 1 SS 1, Jerry R. Hanson, Director of Assessment and ation and Ex- Officio Recorder of Con- veyance or,said count ) dd,hereby,certify that the within trument of, writin6' watereceived and recorded ` ook of3recor'ds of 8 .o, 'Jerry , . Hansort;, Director of 2.:\ 1,Assess t and ;Taiation. Ex- . --.: Officio Cou Clerk f) 4;, \ i r0 r � . Doc : 91055614 Rect.: 63449 38.00 10/07/1991 09:38:.31A14 • • EXHIBIT "A" T».,..4- T Beginning at a pint on the West line of Lot 28, TIGARDVILLE HEIGHTS, North 1 19' East 290.5 feet from the Southwest corner thereof; said point being the Northwest corner of that certain easement 'anted to Gwendolyn B. Moffatt and husband by deed book 320, page 68; thence South 89 54' East along the North line of said easement and said North line extended Easterly 525 feet, more or less, to the East line of Lot 28; t nc thence North along the East line of Lot 2 a die .,., of 190 feet; thence 28 _ North 69° 54' We3z 305 feet; thence South 1 19' West 40 feet; thence North 89° 54' West 200 feet to an iron on the. East line of county road No. 696; thence continuing North 89° 5 West 20.0 feet to the West line of said Lot 28; thence South 1 19' West 150.0 feet to the point of beginning, from which point of beginning an iron bears South 89° 54' East 20.0 feet.--- - Tract II Beginning at the Northeast corner of tract 28, Tigardville Heights, Washington County, Oregon; thence South along the East line thereof, 211.84 feet, more or less, to the Northeast corner of a tract described in Deed to Charles H. Johnston, et ux, recorded in Book 432, Page 787, Deed Records, of said County; said corner also being the true point of beginning of the herein described Parcel; thence North 8 9 ° 54' West, 305 feet; thence South 1 19' West, 40 feet; thence North 89° 5 West, 200 feet to an iron rod on the Fast line of County Road No. 696; thence continuing North 89 54' West, 20 feet to the West line of said Tract 28; thence North along the West line of said Tract 28, a distance of 81.84 feet more or less, to the Southwest corner of the tract described in deed to Joan Laxton, recorded in Book 456, Page 335, Deed Records; thence South 89° 5 East, along the South line thereof, 220 feet to a point; thence South 0° 19' West, 20 feet to a point; thence South 89° 5 Fast, 300.08 feet to a point on the East line of said Tract 28; thence Soutn along the East line of Tract 28, 21.8 feet to the true point of beginning. TOGETHER WITH an easement and right -of -way for road purposes and vehicill4r traffic over and upon the 15 -foot wide easement adjoining the above described tracts as described in Book 405, Page 274, Deed Records. SAVE AND EXCEPT any portions previously conveyed. STATE OF OREGON 1 SS County of Washington J I, Jerry R. Hanson, Director of Assessment and Taxation and Ex- Officio Recorder of Con- veyances for said county, do hereby certify that the received and h recorded inenbook of of n records o said county. Jerry R. Hanson, Director of Assessment and Taxation, Ex- Officio County Clerk 3 Doc : 93059347 Rect: 104669 23.00 07/26/1993 02:38:33PM ' C.) ..is. A; /' '/ .A' / . • '4 . / ,� - • F \C . a . _. 8TATE OF ORt OON • • County otY ngton SS : .' J I, Js R ment and IhxBtlo d Ex Oflkj County N county. do hereby oerUty that a� a CORDING RETURN TO: th w it t in Innsttrument of writing was receNed • grER A IT' LAUTT the recorded M book of reoorde of said ANNA M. LAUTT count'' - 14140 SW 97TH AVE. ` O 1 •�. Q TIGARD, OR 97223 Jerry R H enaoq Director of 4 UNTIL FURTHER NOTICE, Al,t. FII'1'UHE Assessment and Taxatlon,Ex. ∎•! - • - ' lig) ∎ TAX STATEMENTS SHALL BE SENT To: ONtoloCoumyClerk V yyy RONALD L. . LAUTT Doc 96022438 +P � .. ANNA M. LAttTT Rect: 160721 111.00 • • TIGARD, OR 97223 • 14140 SW 97TH AVE. 03/15/1996 09: 28:53AM TAX ACCOUNT NO.: k973067 O . STATUTORY WARRANTY DEED . : „ d, 0 • AASE B. OTTO WHO ACQUIRED TITLE AS AASE H. HUSVAII Grantor, y { .�. 0 conveys and warrants to RONALD R. LAUTT AND ANNA M. LAUTT yl O HUSBAND AND WIFE Grantee, the following described real property .t _ free of encumbrances except as specifically set forth herein - W' situated in WASHINGTON Count. Oregon, to -wit: r l' T } SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. . • fi ' The said property is free from encumbrances EXCEPT: BOUNDARIES iP-.tc;' . . OF AND SUBJECT TO POWER OF ASSESSMENT OF UNIFIED SEWERAGE AGENCY. THE FOLLOWING LID LIENS OF CITY OF 'TIGARD WHICH BUYER _ ' AGREES TO ASSUME AND PAY AS FOLLOWS: LID 68 -54, LID 69 -54, LID 70 -54, LID 98 -54, RIGHTS OF PUBLIC LYING WITHIN BOUNDARIES OF SW $: • I' •: 97TH AVE., EASEMENT RECORDED JULY 11, 1978 AS FEE 78- 30956, ''.' + EASEMENT RECORDED DEC. 7, 1981 AS FEE 81-040724, ACCESS To ; '•t HEREIN DESCRIBED PROPERTY IS SUBJECT TO DEDICATION OF STRIP OF {'• LAND BETWEEN WEST LINE OF DESCRIBED PROPERTY AND EAST RIGIHT OF •- WAY LINE OF SW 97TH AVENUE. •i . THIS DEED IS BEING RECORDED TO EFFECTUATE THE PROPERTY LOT LINE +�.'..: : : ADJUSTMENT OF THAT PROPERTY THAT WAS ACQUIRED BY DEED RECORDED f.',.. ` i "' NOV. 8, 1979 AS FEE NO. 79046097. ,,I OP 1 . THIS INSTRUMENT WILL NOT ALLOW USE O 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 OR COUNTY PL',':::INC DEPARTMENT VERIFY • ' "J;• APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST' FARMING OR FOREST PRACTICES AS DEFINED 1N 0115 30.930. ,' ;;>• , .•.,,� ; ° "' The true consideration for this conveyance is S73,OIIJ.00. .. : •. :;�• Dated this / /ii day of March, 1996. ,_.,::;, . S B. OTT WASHINGTON COuNTV �.i. . __ �: --� ; RfAL PrwrfiTr TRANSFER TAX * - . . ; ' z ?7:; ,' • 73. A - /s -94 . , , -iA 1 T , .�( . ; � ' ! r ! FEE PAID DA E 'w` : SI • f STATE OF OREGON ; • . . 4 .t NT OF CL AMAS . ON COUNTY AC " // / , 19 Personally appeared a Above • ;- named AASE B. OTTO and acknowledc d the foregoing in trument to tr ( be SHE voluntary act and deed. _ - :S g ,� ; , : ,, T , s .. Notary Puhlic for ; ' 1 OPrICIAL SEAL STATE nF OREGON " ' Ar 1 ;..f' NANlTT[L.M1TLMtLL My commission expires 12 -11 -97 Y , . ' f .v NOTAIRYPU9LIC •ORCCON • - ( ! f t CCMIAISSION • NO.0097Y1 f my c0t- -is 10rl!XPIRLS OEC. 11, 1 ' , . .c r • �iNis r �:+ • +wt+�w • • • • i . • .. . 1 • " CV. • 1 0 `.'• Order No. 95100452-W ; '-.. . 4 fc REVISED EXHIBIT "A" A tract of land in the Northwest quarter of Section 11, O 0 Township 2 South, Range 1 West, Willamette Meridian, in the •:r• •. City of Tigard, Washington County, Oregon, more particularly . 4 ; O described as followss . . . . _ _ __ Beginning at the Southwest corner of Parcel 1, PARTITION PLAT i 0 I , NO. 1994 -019, Washington County survey records; thence North 89 degrees 57'13• East along the North line of that tract of land ' r CI . r'• :1 _ conveyed to Anse B. Husvar in Pee No. 79- 46096, Washington ;. .� County Deed Records, a distance of 493.15 feet to the Northeast _ • ;, corner thereof; thence South 00 degrees 45'01• East to the , ;' Northerly southeast corner o! said Eusvar tract; thence south tr. 89 degrees 57'13 West 144.98 feet to the re- entrant corner of a':: J, said Husvar tract; thence South 00 degrees 40'10• West along - {, the Easterly line of said Husvar tract 78.58 feet to a point on _ - • t the West line of the duly recorded plat of •BRBLYNN WOODS" that — — ° • ,.•- ' • is 95.00 feet Southerly from, when measured at right angles to, „ % .. �,.. the North line of said Husvar tract; thence South 89 degrees ' 57'13• West, parallel with said Husvar tract North line 349.31 Peet to a point that is 30.00 feet Easterly from, when measured ,. - . at right angles to the centerline of S.W. 97th Avenue; thence •;c� North 01 degrees 19'00• East, parallel with and 30.00 feet ;;; . . Easterly from said centerline a distance of 95.03 feet to the ` - 'r point of beginning. `'tia 1 �. I. i kF ?: : ,•:,..:•..,. ...• , . 1 1,. x ' ■i^ • '. • • ('4 • • '1' 1 •�:c,w4...-M. : ,tt aC F.j.:t .•541...v,Y.: •'ti, ik 'lilslfdeY2 • • ' - .. .. , r _ . ... .. • • .3AC. \ .274C. 1 m M 2 o tja a I / w r' I 1 fl:: . j _v V to 0 j M p -G �ITlML FT.' 'v.. ...2-S 1 I r 3 _ 1 r� r� , / .624c. 1.1 IP ; 1M I a 89.97 m 4 6200 3 4 5 6. r. 4 74.15 800 p L 2 A N 2 (ae9 ° ; r A1'] 0 N 0 -,. s9 470 m __ „ se'0 200.0Z) _ 4 a a il l %. NI& •A T s se to s 04 950'M- INITIAL w , 3 r 30 220 r e.' - •' • III .09 (200.02) h 0. . 27.4c. ,4 . Pp NT NOP19 1 w / g:105 IHo5 .. - 6 AI loT.3o ` / i.39 Ac. �� :e! °ae 30e) los f 1 3.TO + : ��.:. 7882 i � � g (GS. 18,499) '" I 109 1 ' e $01 �� 1 �) 3 303 30 - --•- - � � : 2 / AC. 2/At. 0 2 q 18A . /74 n i r x 1 36.6e tRt \t_ NLr f .47Ac- 100 in • , o g i 0 0 154. y ... / - 4 03-57 1 Pt 27 � . : a •^ i 8900 l ( d S 4 y t o S31 8. 31 x0.68 5e.65 � � , �.. / o ` \O 0 0 5 O 0 ELROSE STREET .� . 9000 1 II 1 I m .2/4C. 2 iti aee• 48,Re„` 44 • ! J J B .81 *S W �� Y733 73.81 � lJ 890 5T 13 "w 145.20 1 �00 R•2 r , It•20 � -� . 5200 A` / �y . 283.2 6 4.80 22 ...... •• V 209.97 Q 5300 . ,.. 144.!8 (Ii. 12 w _ 2 /i o 4 • 0 ' - -_ .� - - -- - - (4l3.a) _ -.- _ e. t. m m • Lt 93so 10 ■ lo . ` 83 `° .r " - -1 152. SW 4 / euv X 8700 8600 88.12 50 c ., v 3 932e .: • 4 e - r 900 55400 q a m 5100 . , � +� ,, V. 3 " 1 R•20 6 6 CO 3 0 : ` j '� • I I cio 0) y tat L) - 8500 Z W g •1 v 79.50 A 93.9 • -. °° • / , 1 07 Q rd .'" 0 /..594c. (C.S. 26,1- o N Q. m A+ n•so �`�550 � g. �0 a � (C.S.10204)� s I'S � iv , 800' a %., , ' 2 �, '� x tL1 us. TS ': • , � 69 9 7 3 a ; - N 3sst 93.90 - - - - - - - - - r 8400m 88 . lb L Ug Cr.� BOOS Pa vc.2 L :..‘... C; iii � � I 13 X3'4 C. 1 1 274 C. I q °c 11 1 w r r, 1 ,,,, 'TRIM FT. ' 111 iv w I 4 n r", 2 r te • s °— 56.80 � I.\ I J r 62,40. t J M r .� W � • In • I A �' m�,��, � **5-1 3 4 y i 4= 6 ° 6200 � id 5 6e$ 89.97 4 4800 74.1 0 2 v..Ni o a , . 9 � 107.30 I1 o p I , J r AJr i 0 N 0 Lig 83.59 4 0 4700 • � 11 �� , �1 1 ��• , „ / (589 °5d0f* zo0A2) 9500 INITIAL. 1` it 0 3 0 � � 22 0 11 _ 1 I I .09Ac. (200.02) w 5 y .27.4C. - P it "wig” w / 105 Ac I � -1056 Sc(1Q _ � ]� ..� 105 _ . _ 0, m. I iiiiit � / iG , (s6!°ato7 w 3061 i e l k 1 1' 78.62 ti l a n 1 S01 � � � 304 303 _ 30 x — — _._ — _ (C.S. 18,499) : . 1 4 .2/ AC. I 109 ti 21Ac. � : 2 O n ./BAc. . /7.4c. n 136.6e _�_tltt_1�f — 1-00-- -0-1 .47Ac. 01 �) ' A t 1 0 p 15 4. 53 � �_57 27 � •, � ` . 9�C 1 y ( - ( d S-c v Q7,1i �4 4 z � i P I2 p •7.1I 8 .31 �: O • 0 S ` A 80.68 56.65 1 o k\ 4 O , �/ = fC .S. 2615) 1 c N 1.1 x ELROSE STREET • 0 1 9 �� _ 0 1 0 2000 0 • .., SSW' +ess' d, F �OQ R•2 �J 3.3 73'87 - re. S 89 ° 57' 13�� 145.20 1 t hij 530 m 5 200 R •zo z8 zs ea.so 22 J 209.97 IR 11111 `L 1 11 1111 111 Q ; 1 - n (4!3.10) 1 44.ls M. m o l l 3 1 Ll ( W 4 uu / 8700 8600 lt1 -0 (. .83Ac. S e 2 S J x Y9.i2 93.10 t 50 40 • , � 5100 ± 0 4 3 ° o 400 el X00 L>_, q R•20 6"" a 3 w IP! • 1 349.32 I • m- vA $ zo "o 0 _ — — — ._ _ ._ _ _: ss X 2 V L _ 0 0, , � �' 79.50 93.90 n O g . 10 7 r 8500 - Q w 8 • I .59Ac. (C.S. 26,1 5) a / d ?- 9) $ 50 LL.., 5000 0 3o s Ott �2 �� a s 2 0 (C.S. 10204) n . y T °' x / 1.1.1 80001a 4 e ss Z " 99 7 N P- — — _ — a { IIS.TS o c lb a . 93 . 90 o J —' Fa6400rn 8800- e• u.4JecY L C 9' .v ac os �a vic (S /oo s 97 1-1-pv .: &04y/fr. • MacLennan Arbor Care Professional Care of Trees and Shrubs RECEIVED AUG 2i 1998 Cv'11?:ITY DEVELOP ENT August 21, 1998 Ronald R. Lautt Construction 14140 S.W. 97th ave. Tigard, Oregon 97224 Arborist report for Ronald Lautt, regarding trees at above address over 12 inch diameter. Of the trees on the property I inspected, most seem to be healthy specimens. The stand consists of Fir, Cedar, Maple and Cherry. One exception is a Grand Fir on the West end of the stand. While presently not an imediate problem, it poses a danger in the future. In the past it sustained damage, most likely the top broke out. The tree has grown substantially to a hight of 60 to 70 feet. The wound it sustained has never fully closed, and decay has started at the cavity. This combined with the fact that the weight is predominently on one side, leads me to sugest removal. Of the remaining 22 trees with 12 inch and over diameters, 5 that Mr. Lautt wishes removed, are Cedars which were planted as a hedge. This would have no ill effect on the integrity of the stand of trees. The most established of the trees, primarily Douglas Fir and Cedars are to be left. Also 30 or more trees have been planted on the other end of the property by Mr. Lautt. If you have any questions regarding this report please feel free to call 992 -2150 Sincerely, Donald MacLennan Certified Arborist PN -0351 • 53470 N.W. Sesame Ln, Forest Grove, OR, 97116 503- 992 -2150 503- 292 -6523 • BURTON ENGINEERING & SURVEY CO. 12319 N.E. GLISAN ST. PORTLAND, OREGON 97230 PH. (503)251 -2947 FAX (503)251 -3714 July 22, 1998 Re: SUB 98 -0005/ Lautt's Terrace Final Items per your letter of July 13, 1998 Mark Roberts City of Tigard 13125 SW Hall Blvd. Tigard, Or. 97223 Item 1. An arborist has been retained to address these requirements including tree removal standards. Trees have been shown more specifically on the plan and submitted to you. Item 2. A neighborhood meeting has been scheduled for July 30, 1998. Item 3. A street extension to the South was previously considered and not shown for the following reasons: 1. Mountain View street extension has been planned for and it is anticipated it will be extended to S.W. 97th. in the near future. This will adequately serve adjoining properties and a southerly connection from this project is not needed. 2. A cul -de -sac has been provided for this project making it more desirable for the residents served by this street by providing privacy and safety, not allowing through traffic. 3. The addition of a street to the South would impose an undue burden on this small infill project making the viability of the project questionable. Sin rely, Thomas H. Burton cc: Ron Lautt s • • -11111.11111k. 7VI acLennan Arbor Care Professional Care of Trees and Shrubs RECEIVED AUG 2 - 1999 coMUNITY DEVELOPMEN1 August 21, 1998 Ronald R Lautt Construction 14140 S.W. 97th ave. Tigard, Oregon 97224 Arborist report for Ronald Lautt, regarding trees at above address over 12 inch diameter. Of the trees on the property I inspected, most seem to be healthy specimens. The stand consists of Fir, Cedar, Maple and Cherry. One exception is a Grand Fir on the West end of the stand. While presently not an imediate problem, it poses a danger in the future. In the past it sustained damage. most likely the top broke out. The tree has grown substantially to a hight of 60 to 70 feet. The wound it sustained has never fully closed, and decay has started at the cavity. This combined with the fact that the weight is predominently on one side, leads me to sugest removal. Of the remaining 22 trees with 12 inch and over diameters, 5 that Mr. Lautt wishes removed, are Cedars which were planted as a hedge. This would have no ill effect on the integrity of the stand of trees. The most established of the trees, primarily Douglas Fir and Cedars are to be left. Also 30 or more trees have been planted on the other end of the property by Mr. Lautt. If you have any questions regarding this report please feel free to call 992 -2150 Sincerely, Donald MacLennan Certified Arborist PN -0351 • 53470 N.W. Sesame Ln, Forest Grove, OR, 97116 503- 992 -2150 503- 292 -6523 • • BURTON ENGINEERING & SURVEY CO. 12319 N.E. GLISAN ST. PORTLAND, OREGON 97230 PH. (503)251 -2947 FAX (503)251 -3714 July 22, 1998 Re: SUB 98 -0005/ Lautt's Terrace Final Items per your letter of July 13, 1998 Mark Roberts City of Tigard 13125 SW Hall Blvd. Tigard, Or. 97223 Item 1. An arborist has been retained to address these requirements including tree removal standards. Trees have been shown more specifically on the plan and submitted to you. Item 2. A neighborhood meeting has been scheduled for July 30, 1998. Item 3. A street extension to the South was previously considered and not shown for the following reasons: 1. Mountain View street extension has been planned for and it is anticipated it will be extended to S.W. 97th. in the near future. This will adequately serve adjoining properties and a southerly connection from this project is not needed. 2. A cul -de -sac has been provided for this project making it more desirable for the residents served by this street by providing privacy and safety, not allowing through traffic. 3. The addition of a street to the South would impose an undue burden on this small infill project making the viability of the project questionable. Sin rely, 46/4 - Thomas H. Burton cc: Ron Lautt LPN P1`o � ` - r � LAU � t 30.00' a... P�,�� TERRACE � , — I - - _ `a 1•` _ PRELIMINARY PLAT . �� — I — _1_ fAX LOTS 105, 8900, AND 113, MAP 2S 1 118A / _ _ j I s wir:• w - -s4.e - . per LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, •�� I � ;` j�,� SCALE 1..40' o TAX •r 1031t a57'Nll �i SO 34' TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN I� 0-41:1_1 I :7":::: l ,108 N0. LAUTTENG OT 2 a CITY OF TIGARD, WASHINGTON COUNTY, OREGON I�' • ti .34' V TAX IN 114 N I: 'C7•I _, <Y � a . , RIDS am naa e 7 g PREPARED FOR RON LAUTr - O �.:. i v ' LOT WNER _ . � / 17' L, 1 l O P 1 c E SF 1 S. 47T AVE. , -Fei '1 O�� m 0 � I w , /.- r?♦1Cf;.�'� i I —110 . L'."-.. nn I L/ a, , r3 ^� . w •. s a J + I 8433 SE 22NOBURTON a . Y` t i ++ - L:. _ � homi iv L. J / o a soxveroe � • , , �r^e� - - ._. - ,r i / p i ♦ I LOT P ORE N 720 r �• � -� s MN aTL ]Onn ir1►L APIRRI � 114 ., 1.0. • ph (50 ))3970 -O CO B 2 � / W � " '� 1.... "4•17 ��' 68' L „O A/ ,� ' ONOC 1411 WR ,a.n a.r-a0 STS. BURTON ENGR. ASSOC. 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(200.02) w T NIP 1954 / g ; 105 _ _ 274C. / P 88C> 10730 ,� '39 AC. • • $.90511 908) 105 ��r»�_ �t� O f N.E. CORNER o �) • 304 303 2 30 17 — — - - -- — r I . (GS. 1 8,499) , � 12 114 " 1 109 432/787 w 2 d . / .I7Ac. n i3s.se c . • — T ,. .47Ac. s : � / _ IS4. S3 / .^ 890 N / � � N 8 .31 , 27 50.58 54.4 . • % c . ' / k s c I 2 �y / IC .S. 2615) 1 _ N6 ; 1 u E STREET° 9000 • • p W ,k 73; 73.97 -s o • S e9 °37' i3 „ yr ,� i V 530 10 5200 R 20 1 293.25 - 64.80 -. 209.9745.20 -) Q • = !� _ — _ _ 1493.101 —. _ _. _ 1.4.9s K. _ PR 5 t�7 Om 4 • 0 j ” al 93.90 I° 1 I � `B3 • x 87 8600 o 4i° 4 1 o 50 40 0 5100 3 a • �m 3-0 o " Li..., a to w l 3s9.32 r 0) R•20 6 1" 3 o N — — — ! A s5 2r . t- N 79.50 8 93. 0 , ¢ n 1 07 a t 0 j L e i.., 5000 I ;o / . .59 (C.S.26,166) s �g —12 0 � 1 ., !'15500 a • a (C.S.102o4) al 0 . ia7 , T :7; " 2 N / x _ a it 17i8 0 94 =' 93.90 _ — — _. — _ A - 8800. SEE MAP D0 5600 ° i 0 0 — g t0 2S 1 (LAB 0 4900 m g a : /AC. f 1 • 1 s 8 1D $ o o ;: e N .:- 0 SW- __. az.n1. – O AOAI m 1 .am... ._WIT.. ∎. .a. ..* 11•110DUN a •IMMO • • MEMORANDUM CITY OF TIGARD, OREGON DATE: May 29, 1998 TO: Mark Roberts, Planning Division FROM: Brian Rager, Development Review Engineer RE: Lautt's Terrace Subdivision Submittal I would deem this application incomplete for the following reasons: 1. Downstream analysis for storm drainage is to be submitted with the application, not later. 2. A water quality facility is required unless the applicant's engineer can argue that they meet one of the three criteria in the USA design and construction manual : 1) difficult topography, 2) small size of site, or 3) a regional facility is nearby. They may be able to meet #2, but the engineer would need to submit something for findings to get the exemption. 3. Existing sanitary, storm and water lines are not shown clearly, especially the sanitary sewer line adjacent to the southern boundary of the site. They need to show manholes as well. 4. The proposed water and storm drainage lines are not shown clearly. I can not determine exactly what they have in mind. Their new storm line appears to tie into nothing. Other items for their information: 1. The ROW requirement for the new street will be 46 feet (assuming they use a 28- foot paved width). 2. I do not remember talking to them in the preap about a street stub to the south, so I'm sure Lautt would take that one hard. I'll leave that one up to you planner- types. I know we'll have a street coming from the south out of the future extension of Mountain View Lane. Thanks for sending this information over. \brianr \lautts l .mem PAGE 1 • • May 27, 1998 Ron Lautt 14100 SW 97th Avenue CITY OF TIGARD Tigard, OR 97223 OREGON Re: Letter of Incomplete Submittal /Lautt's Terrace /SUB 98 -0005 Dear Ron: This letter is in response to the Lautt's Terrace Subdivision filing. The City is required to respond to a subdivision application filing within 30 days of filing or the application is automatically considered complete. Technically the 30 -day period has passed without this review having been finished. For this reason you may ask that the City proceed with processing this application as submitted. Upon review of the application, the applicant's narrative has been found to be incomplete in terms of addressing the applicable standards of the Community Development Code. The applicable standards were checked off in the Preapplication Conference Notes. Completely addressing these standards is necessary in order for staff and the Hearings Officer to fully understand how you feel.the application complies with the applicable standards. For this reason it is strongly encouraged that you revise your application to provide this information. Although we would prefer to avoid this type of situation, lack of information, is a substantial basis on which staff could recommend denial of the application. The application will also need to include a preliminary upstream and downstream analysis to determine the adequacy of existing storm drainage systems to serve this site. Under the parks section a discussion of Parks Systems Development Charges is more appropriate than listing the nearest park since Park System Impact fees cover needed expansions. Enclosed is a sample of an applicants' narrative and storm drainage analysis that was prepared recently for a similar application. A Subdivision Plat Name Reservation will also need to be completed with the Washington County Surveyor's Office. A copy of a completed name reservation form is also provided. Please feel free to contact me concerning this information. Sincerely, Mark Roberts Associate Planner, AICP C: SUB 98 -0006 land use file cu rpin /markr /sub98- 06.Itr 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 • • U• July 13, 1998 CITY OF 11GAR OREGON Ron Lautt 14100 SW 97th Avenue Tigard, OR 97223 RE: Notice of Incomplete SubmittaVSUB 98- 0005 /Lautt's Terrace Dear Ron: This letter is in response to the revised submittal received in our office for Lautt's Terrace Subdivision/SUB 98 -0005. As we have discussed, we will still need a few items addressed prior to acceptance of this application as follows: 1. An arborist report will need to be provided conceming the condition of the trees over 12 inches in diameter. If more than 25% of the healthy trees over 12 inches in diameter are to be removed, a mitigation plan will also need to be provided. The location of certain trees may also need to be more correctly sited on the subdivision plan as you mentioned. The applicant's narrative also needs to be revised to address the tree removal standards; 2. A neighborhood Meeting will also need to be held. The procedures for how to do a Neighborhood Meeting are discussed in the handout I provided you with previously. A minimum of two weeks notice needs to be provided for the meeting; and 3. The applicant's narrative also needs to further address why a street extension to the south is impractical to provide. Please feel free to contact me conceming this information if you have any questions at (503) 639 - 4171 x317. Sincerely, Mark Roberts Associate Planner, AICP i:\curpin\markr\lautt.inc c: SUB 98 -0005 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 ' TDD (503) 684 -2772 RECEIVED AUG - 5 1998 COMMUNITY DEVELOPMENT Notes for neighborhood meeting 7/30/98 -8 Lot sub - division proposal. Property address: 14140 SW 97 Ave Tigard, OR 97224 Attendees: Paul and Merdith Morse 624 -2034 Steve and Margie Bicker 670 -0436 Tom and Linda Parker 620 -7674 Topics discussed: 1. Street lights in sub - division. 2. Will old easement stay open during construction to provide safe access? 3. Storm detention — Neighbors to east of property concerned about flooding. 4. Mailboxes and requirements once sub - division is approved. 5. Time frame of street and sidewalk completion once approval is received. Please feel free to contact me for any clarification. 624 -7955 Sincerely, /0.7",,,,X Ronald R. Lautt • • • AFFIDAVIT OF MAILING STATE OF OREGON ) )ss. City of Tigard koArivtd. /4(.4/ , being duly swom, depose and say that on / t , 192g 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) /it _c,c4/, /1- vfr T7 6 A-Aci a copy of which notice so mailed is attached hereto and made a part of hereof. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited n e date indicated above in he United States Post Office located at A4 of-TA. po s d f ="J► e �61, -RO, 6'!Q with postage prepaid thereon. • ,07%-441, 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 `t day of , 1916 OFFICIAL SEAL 1-1/ LAUREL E JACOBSON t ,'".7.4 NOTARY PUBLIC . OREGON :.sly, �� /� COMMISSION NO. A060335 N"iTARY 'U =LIC OF OREGON MY COMMISSION EXPIRES DEC. 19, 2000 y Co , i . ion Expires: /a —/ 9 x-00 (Applicant, please complete information below for proper placement with proposed project) NAME OF PROJECT OR PROPOSED NAME: ' U tf'S P ' 'Alf TYPE OF PROPOSED DEVELOPMNT: • / 41, Name of Applicant/Owner: PO N ter /V` M ' :////, I Address or Ge�peral Location of bject P�Aerty: t / dr , 97 OA '/ L S ubject Property Tax Map(s) and Lot #(s): Li? /9 / j) (, h:VoginVattyYtwsten a fmatmst 1� , • • July 15, 1998 City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 RE: Subdivision Proposal Dear Interested Party: Ronald and Anna Lautt are the owners of the property located at 14140 SW 97 Avenue. Tax map: 2S1 11BA, Lots: 105, 8900, and 113. We are considering proposing an 8 -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: July 30, 1998 7:30 P.M. City Town Hall room Please notice this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you. Please call me at 624 -7955 if you have any questions. Sincerely, Ronald R. Lautt 5 u I R . 4k. d fi » /d s l VI se 30.00' 5.0C ii L /L ® II STORM F- ((i _ — — — l STRUCTURE S 88'47'04" E 194.93' . 0) 1.7 - __ _ I 127.30' 11.4 r - -- TAX - EASEMENT PER FEE NO 81 -4�y7j 2a?p� S 88 E + 30 �N ( S 01'19'00" w • w P. — 5 1� LOCATE SCALE 1 " =40' " ° ° 'Z',, 8.57' 84. 96.34' TOWNSHIF • 10/11 /97 ° TAX SOT 705 N I Lo I `� OWNER: :ON LAUTT LOT 2 I \ \ ` -- 34 CI T` JOB NO. LAUTTENG • n C 522 SF ° ol I \ rn TAX LOT 114 cv - i CV c 127.34 -- NI I 9 of \ BOOK 1060, PAGE 839 v 1 1.75' 15.69' \ I I \ \ \ ° cn l` y 33'8 E \` 5 I fl 7712 \ \F \ry COT 3 I ° \ � ;; , : 5 ,:� I \ q �7 W � / / 8 122 SF\ 11. / z i , , 03 \ Z :,..20. 73' C_6E.5.. \� j 1,..- -1 �/ / ��i , 5 ` 233 ap 1 \ \ W � i� ° . _ \ 61 �c / TA B:, LO I09 12 IR OWNER. THOMAS 9ARKEr _ S. \ . ELROSE STREET - • \ ! E50.7 L � 1160 ..11111 ' ' \ _�i3 .8a'� / \ TAX LOT 9000 DOE. Nir�93 -Zd684 x r. •.00 p_. • o o ,sh = 56 6g L_2 � , N i OWNER: RoN LAUTT � CI 1 � i�6 G N U I \ N. co co ' L OT 8 30 73' 1,75.92 N 89'57 1,1. J s l RE D 15' iiii„ EMEN //I/ =069 SF n L =16.63 26.16 = • / ! - - - Q - - - - .- •T L . - - _ -,s, o+ < - SAM i ._ � 2 0. C' I I EXIST'G 1 1 1 ED AR 144.98' • `� I 1 123.16' 10 "CEDAR 12" CEDA R • "CEDAR �a � 10 "CEDAR LOT 5 CI; �, ,0" !AR LOT 7 L OT 6 0 ®� �� 50 7500 SF ; 7500 AR SF 76 SF �� ?'> • "CED N ' .t ' 14" FIR 20" • FIR I\i TAX LOT 113 0l ® �� . 111111111— • lk (0 44 7 500 SF 52 ! �� OWNER: ROtJ LAUTT iDAR ; A : 1 SE , 26" FIR 24" Fl :�, 7 04' 77.11' S.0_ _ __ __I 246 111 123.16' sa ` TAX LOT 107 OWNER: R AASE OTTO tT . 48 f' • AFFIDAVIT OF POSTING NOTICE WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFIDAVIT TO: City of Tigard Planning Division 13125 SW Hall Boulevard Tigard, OR 97223 1, R ,LA1U1t , do affirm that I,am (represent) the party initiating interest in a proposed R LOT 5 7l UI.S/ Oil affecting the land located at (state the approximate Iocatipn(s) if no address(s) and /or tax lot(s) currently registered) 1440 S-w- 97 f iR. 7)i & rfi- 141 1n1 1 / 0t , and did on the / (o day of ,i ( , 19 9 personally post notice indicating'that the site may be proposed for a application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at / T 1l{D ,51(4A C 17 I V ,E, 7 04 (state location you posted notice on property) g /42.zit t-' 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 Ao day of , 190 OFFICIAL SEAL o �f' ' LAUREL E JACOBSON L, _ A 1 - 7- 4/ , NOTARY PUBLIC• OREGON COMMISSION N0. A 050335 OTAR �P :LIC OF OREGON MY COMMISSION EXPIRES DEC. 19, 2000 y Com i -ion Expires: /cp. --/ (Applicant, please complete information below for proper placement with proposed project) NAME OF PROJECT OR PROPOSED NAME: r ' Arx I TYPE OF PROPOSED DEVELOPMENT: 7 . 6 1 i . O N }- Name of Applicant/Owner.. ROM ,-NMI 1 AsoonofsubjectProperty : f If I ( (J { w. q 7 A -f/ k: 77 �� ,�, ? 724 I Subject Property Tax Map(s) and Lot #(s): tt:Vogintpatty masterstafposunst • 1 ..atir, j 1 • � � � ± �� , � *� _ _� � if+� .. _ �� - ._ at . w a .'". l''.. k.LIE\l'ijit#''. t » �# i tea,. � tO . � � ;._. .3 « � ' .N �' r x• .. • t „ .: r ik . a = f M `u ilk:. a • , . ,, v . - . v. _. ,,,,,, .I � '.: PI` ,.. 4Y` P F : 1�F `L . k.... ' , - ", I 4 - ' ,:` . , .712'7 U114 ,'' , -t,.‘..„it,.y,4 . .,,, ,-, .,,: • ar, • \�� .T 'mac -� 4 � �^ " '�' x J i '� ' ' ' . 4.44.0,1-4: i �+,. . ,,, fi . ` I t .E � { 1� .W ZF 3. �5 1 K . � � ms` F � � ,.. � 'a .... � : • to , , ........ . -, frh" . 2t- ' ;I .. 11 Ili , .'• I �^ r �' '`�� ra. '•�'rv: ice. s r fit. i V. � i s y f wry r , ,� Y t zSs 2 ;x Q� , YI ^� .�. �k- w M e �r 77 3 t *+� V • • NOTICE OF DECISION >: s MAJOR LAND 97- 0011` `: ` : CITY OFTIGARD RANSDELL PAR: : >: >::: >:' <:: <:`:>:: ::: ilr PARTITION SECTION I: APPLICATION SUMMARY • CASE NO(S): FILE NAME: RANSDELL PARTITION Major Land Partition MLP 97 -0011 PROPOSAL: A request for Major Land Partition approval to divide one (1) parcel of approximately 82,938 square feet into three (3) parcels of approximately 43,647, 10,000 and 17,328 square feet. OWNER: David and Sally Ransdell APPLICANT:Same 14270 SW 97th Avenue Tigard, OR 97224 ZONING DESIGNATION: Residential, 4.5 units per acre; R-4.5. LOCATION: 14270 SW 97th Avenue; WCTM 2S111 BA, Tax Lot 01200. North of SW View Terrace, South of SW Mountain View Lane, on the east side of SW 97th Avenue. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.050, 18.162.040, 18.162.050, 18.164. SECTION II: DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request: subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF OECISION %ALP 97-0011 - RANSDELL PARTMON PAGE 1 • • f , CONDITIONS OF APPROVAL PRIOR: TO : THEAPPROVA L OF: THE FINAL PARTITION` PLAT; THE FOLLOWING CONDITIONS SHALL. BE: SATISFIED :> .(Unless: otherwise noted, the staff contact shalt be::Bnan;Rager in the Engiineering Department at (503). 639=4171 1. Obtain a public improvement permit and submit a compliance agreement for this project. Submit six (6) sets of detailed public improvement plans and profile construction drawings 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. Provide the Engineering Department with the name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement and providing the financial assurance for the public improvements. 3. Dedicate, on the face of the final plat, additional right -of -way for the following streets: a. SW 97th Avenue: to provide 30 feet from centerline; b. SW View Terrace: to provide a total right -of -way of 40 feet through the site, plus any additional to provide a safe taper transition between the existing roadway and the new extension; c. SW Mountain View Lane: to provide 25 feet south of centerline to the west boundary of Lot 2. 4. Reserve the northem 25 feet of Lot 1 for future right -of -way dedication for SW Mountain View Lane. A note to this effect must be placed on the face of the final plat. 5. Execute two separate agreements, on forms provided by the City, which waives the property owner's right to oppose or remonstrate against a future Local Improvement District formed to improve SW Mountain View Lane adjacent to Parcel 1 and SW 97th Avenue. 6. Construct a full- street improvement of SW View Terrace through this site to the intersection with SW Mountain View Lane. The improvements adjacent to this site shall include: a. City standard pavement section of 24 feet curb -to -curb; NOTICE OF DECISION MI.P 97-0011 • RANSOM!. PARTITION PAGE 2 • • b. an approved taper transition from the existing wider roadway section to the new improvement; c. concrete curb; d. storm drainage, including any off -site storm drainage necessary to convey subsurface runoff; e. 5 foot concrete sidewalks on both sides; f. street striping; g. streetlights as determined by the City Engineer; h. underground utilities; i. street signs; and j. driveway aprons. 7. Construct a half - street improvement of SW Mountain View Lane through this site to the westem boundary of Lot 2. The improvements adjacent to this site shall include: a. City standard pavement section from curb to centerline equal to 16 feet; b. street barricade at west terminus; c. concrete curb; d. storm drainage, including any off -site storm drainage necessary to convey subsurface runoff; e.. 5 foot concrete sidewalks on the south side; f. street striping; g. streetlights as determined by the City Engineer; h. underground utilities; i. street signs; and j. driveway aprons. 8. Submit a profile of SW Mountain View Lane as a part of the construction plans, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 9. Extend the existing public water lines within the public street extensions. The 6- inch water line in SW Mountain View Lane shall be extended to the western boundary of Lot 2 (end of proposed street improvement). That water line shall also be installed such that it is located approximately ten (10) feet south of the roadway centerline. 10. Prior to approval of the final plat, and approval of the public improvement plans, the applicant's design engineer must 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% or less of the total tributary drainage volume, but in no event less than 1/4 mile. NOTICE OF DECISION MU 97-0011 • RANSDELL PARTITION PAGE 3 • • 11. 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. 12. If the projected increase in surface water runoff which will leave a proposed development will cause or contribute to damage from flooding to existing buildings or dwellings, the downstream storm water system shall be enlarged to relieve the identified flooding condition prior to development or the developer must construct an on -site detention facility. 13. Provide an erosion control plan as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994." 14. Submit a final grading plan showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of the Tots 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). 15. Either place the existing overhead utility lines along SW 97th Avenue underground as a part of this project, or pay the fee in -lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $27.50 per lineal foot. If the fee option is chosen, it must be paid prior to approval of the final plat. 16. If the existing 12 -inch caliper cherry tree is unable to be retained during the street . improvement process, the applicant must provide a tree mitigation plan. This plan must be submitted and accepted by staff prior to final plat approval. 17. Final Plat Application Submission Requirements: a. Three (3) mylar copies of the partition plat, prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative; b. the partition plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County and by the City of Tigard; and c. the right -of -way dedications for SW 97th Avenue, SW Mountain View Lane and SW View Terrace shall be made on the partition plat. NOTICE OF DECISION MLP 970011 - RANSDEII PARTITION PAGE 4 • • PRIOR TO: THE: ISSUANCE: OF BUILDING PERMITS THE FOLLOWING CONDITIONS : SHALL:BE SATISFIED: 18. Provide the Engineering Department with a recorded mylar copy of the subdivision /partition plat. 19. Public improvements must 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 improvements are completely finished; and 4) all street lights are installed and ready to be energized. 20. Pay the standard water quality fee of $180.00 per lot for Parcels 2 and 3. .THIS APPROVAL1S VALID IF:EXERCISEE WITHIN EIGHTEEN (18):::: ;:. .:...... :. . MONTHS OF " FINAL DECISION; DATE: NOTED`UNDER . ';: • THE: PROCESS :ANDAPPEAL:SECTIONOF,THIS REPORT . SECTION III: BACKGROUND INFORMATION Property History: No development applications were found to have been filed with the City. Site Information and Proposal Description: The property is currently developed with a single family residential dwelling and a trailer which is a pre - existing non - conforming use. There are two roads, SW Mountain View Lane and SW View Terrace that dead end at the property. The proposal is to create three parcels and extend both roads into the property. Southwest Mountain View will be extended to the east end of Parcel 2 and SW View Terrace will be extended north to connect with SW Mountain View. The current lot is 82,764 square feet (1.90 acres). The proposal indicates Parcel 1 will have 43,647 square feet, Parcel 2 will have 10,000 square feet and Parcel 3 will have 17,328 square feet. The additional square footage is proposed to be dedicated as right of way. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS Impact Study: Section 18.32.050 states that the applicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private NOTICE OF DECISION MIP 97-0011 - RANSDELL PARTITION PAGE 5 • • property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for public right -of -way dedication, or provide evidence that supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.32.250 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. The City's Comprehensive Plan policy 8.1.1 requires staff to plan for safe and efficient street systems that meet current needs and anticipated future growth. In addition, Section 18.164.030.G.2 of the Community Development Code (CDC) requires the extension of all local and minor collector streets which abut a development to provide for through circulation. Currently both SW Mountain View and SW View Terrace dead end at the site. The applicant has proposed to extend SW View Terrace through the property with full street improvements and to extend SW Mountain View to the west end of Parcel 2. Southwest Mountain View Lane is proposed to be constructed with full street improvements up to the intersection with SW View Terrace and half street improvements from the View Terrace intersection to the west end of Parcel 2. The applicant provided an Impact Study in which the engineer states: "... it is my opinion that the proposed public improvement will not negatively impact the existing public facilities or services. The transportation system will be enhanced by the continuation of SW View Terrace and Mountain View Lane...the traffic circulation pattern is a safety enhancement for the response of emergency vehicles, the flow of bicycle traffic and also pedestrian traffic." FINDING: The applicant's proposal for improvements, as evidenced in the impact study and in analysis presented in this decision, provides for the share of local street improvements needed to efficiently serve this development in conjunction with the connectivity standards and improvements for local streets. GENERAL APPROVAL CRITERIA Section 18.162.040 contains the following general approval criteria for a Major Land Partition: The proposal conforms with the City's Comprehensive Plan The proposal conforms with the City's Comprehensive Plan in that the newly created lot will continue to allow for residential development. NOTICE OF DECISION MLP 97-0011. RANSDELL PARTITION PAGE 5 • • The proposed partition complies with all statutory and ordinance requirements and regulations; This proposed partition complies with all statutory and ordinance requirements and regulations as demonstrated both by the analysis presented within this administrative decision and by this application and review process through compliance with the conditions of approval. Adequate public facilities are available to serve the proposal; Adequate public facilities are, or will be conditioned to be, available to serve the proposal and will be constructed to meet City standards. All proposed lots conform to the size and dimensional requirements of this title; and The proposal complies, or will be conditioned to comply, with the lot size and dimensional requirements. This is discussed in detail and conditioned, if necessary, in SECTION IV - SPECIAL PROVISIONS, Page 8. All proposed improvements meet City and applicable agency standards (Ord. 89- 06; Ord. 83 -52). The public facilities and proposed improvements are discussed and conditioned in SECTION IV - ADDITIONAL APPLICABLE STANDARDS. In addition, improvements will be reviewed during the construction phase, at which time the appropriate review authority will insure that City and other applicable standards are met. FINDING: Staff finds that as discussed above, the general approval criteria have been met, or will be met as conditioned, in further sections of this decision. SPECIAL PROVISIONS Section 18.162.05Q contains the following special provisions for lots created through the Partition Process: Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The minimum lot width in R-4.5 zoning is 50 feet for detached unit lots and 90 feet for duplex lots. The width of Parcel 1 is 185.12 feet. Parcel 2 and 3 are comer lots, both with widths greater than 50 feet. NOTICE OF DECISION MLP 97-0011 - RANSDELL PARTITION PAGE 7 • • • Lot Area: The lot area shall be as required by the applicable zoning district In the case of a flag lot, the accessway may not be included in the lot area calculation. The minimum lot area for R-4.5 zoning is 7,500 square feet for detached units and 10,000 square feet for duplexes. All three proposed parcels are 10,000 square feet or greater. (Note: A duplex may be possible with conditional use approval. Conditional Use approval requires a separate application and review process.) 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 All three parcels will front a public right -of -way after the street improvements proposed and required by this partition are constructed. Each lot will have frontage in excess of 15 feet. Setbacks: Setbacks shall be as required by the applicable zoning district Parcel 2 and 3 are not currently developed, but any dwelling placed on the Tots will be subject to the setback requirements. Parcel 1 has an existing house and a pre - existing non - conforming trailer, both of which are proposed to remain. The side yard, rear yard and front yard setbacks will not be reduced below the minimum as a result of this partition. 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. No flag lots are proposed, therefore this standard does not apply. Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting Tots and to provide usable outdoor recreation areas for proposed development No flag lots are proposed, therefore this standard does not apply. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. Tualatin Valley Fire and Rescue (TVF&R) has provided comments and have not indicated the need for additional fire hydrants to serve the proposed partition. NOTICE OF DECISION MY 97.0011 - RANSDEU. PARTMON PAGE 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. No reciprocal easements have been proposed or would be required for this partition, therefore, this standard does not apply. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. Parcel 1 has existing access to SW 97th Avenue which appears to meet the standards of the code. Access to Parcels 2 and 3 will be addressed at time of building permits and will be required to meet access standards in effect at the time the permits are reviewed. Floodplain: Where landfill and /or development is allowed within or adjacent to the one - hundred -year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian /bicycle pathway with the floodplain in accordance with the adopted pedestrian /bicycle pathway plan. This site is not within a 100 -year floodplain, therefore, this standard does not apply. FINDING: All of the SPECIAL PROVISIONS for Tots created through the partition process have been satisfied or do not apply to this partition. ADDITIONAL APPLICABLE STANDARDS Sections 18.164.030 (Streets), 18.164.090 (Sanitary Sewer), and 18.164.100 (Storm Drains) have been addressed and are satisfied as specified below: Streets This site is adjacent to SW 97th Avenue. In addition, SW View Terrace and SW Mountain View Lane both stub into this site; View Terrace stubs in from the south and Mountain View Lane stubs in at the northeast corner. SW 97th Avenue SW 97th Avenue is classified as a minor collector street on the City's Transportation Plan Map and requires a 60 -foot wide right -of -way (ROW). At present, there is only 25 feet of ROW adjacent to this site. The applicant is proposing to dedicate additional ROW on the face of the final plat to provide 30 feet from centerline to meet the standard. NOTICE OF DECISION MLP 97-0011 - RANSDELL PARTITION PAGE 9 • • The roadway is paved, but not fully improved to City standards. Tigard Municipal Code (TMC) 18.164.030(A)(1)(a) states that streets within a development and streets adjacent shall be improved in accordance with City standards. However, TMC 18.164.030(A)(1)(c) states that the City may accept a future improvement guarantee, in lieu of street improvements, if the improvement associated with the project does not, by itself, provide a significant improvement to the street safety or capacity. This development will not immediately have direct access to SW 97th Avenue. However, the property owners in this development will eventually access SW 97th Avenue which will incrementally increase the amount of traffic on the roadway. But the increase will not substantially degrade the level of service on the street. A street improvement adjacent to this site, therefore, will not significantly improve the safety or capacity of the street. Staff, therefore, recommends that the applicant be required to enter into a non - remonstrance agreement with the City, whereby, the owner agrees to participate in any future widening project for SW 97th Avenue, carried out through a local improvement district. This agreement must be executed prior to approval of the final plat. SW View Terrace Southwest View Terrace is a local residential street and has a 50 -foot wide ROW and a 34 -foot wide pavement section south of this site. The City has met with the applicant in the past with regard to access for the new Tots and street connectivity issues. It was determined that the applicant would not have viable street access for the proposed lots unless all, or a part of, the local streets stubbing into this site were improved. Therefore, SW View Terrace will need to be fully improved through this site to the intersection with SW Mountain View Lane. The applicant has acknowledged the need for this improvement and has indicated that they will construct this improvement as a part of their project. The City has discussed with the applicant the possibility of reducing the width of the ROW and pavement widths through this site in accordance with the City's fairly new narrow street standards (these standards were not in place when SW View Terrace was first constructed). Because of the relatively low traffic volumes expected on this particular local street, the applicant could reduce the overall ROW to 40 feet and the pavement width to 24 feet. The proposed plan indicates such a reduction. Staff is only concerned with the proposed transition area, where the wider northbound travel lane of 17 feet must taper down to the proposed 12 -foot paved width. This taper must meet City design criteria for safety, which would require an approximate 52 -foot long taper, as opposed to the 30 -foot long taper section shown on the preliminary plan. Therefore, the applicant shall meet City design criteria with respect to the street and taper design. SW Mountain View Lane Southwest Mountain View Lane is also a local residential street and has a 50 -foot wide right -of -way (ROW) and a 34 -foot wide pavement section east of this site. This street will also need to be improved in order to provide adequate access and street connectivity for this development. The City staff discussed with the applicant the limits of the roadway construction and agreed that the improved portion of the roadway NOTICE OF DECISION MLP 97-0011 - RANSDELL PARTITION PAGE 10 • • • should terminate temporarily at the west boundary of Lot 2. There are several reasons for this. First of all, the centerline of the road coincides with the north property line, which will result in only getting the south half of the, street constructed at this time by the applicant. Staff did not feel it would be justified to require an off -site acquisition of ROW by the applicant in order to• complete the north half of the street. In addition, since only half of the street can be built, staff did not feel a safe intersection could be accommodated at SW 97th Avenue. Lot 1, since it is fairly large, is planned to be further divided in the future. At that time, the City could require the additional ROW dedication and completion of the roadway. The applicant was willing to dedicate the necessary ROW adjacent to the new lots to accommodate the improved portions of the streets and is willing to place the future ROW adjacent to Lot 1 in a reserve area so that it can be dedicated in the future. The applicant will also enter into a non - remonstrance agreement to cover the future improvements to SW Mountain View Lane adjacent to Lot 1. It should also be noted that SW Mountain View Lane will provide an east and west connection to SW 97th Avenue and will likely carry more traffic than SW View Terrace. Therefore, SW Mountain View Lane would not qualify for the narrow street standards and will need to be constructed to the full, current local street width (50 -foot ROW and 32 -foot paved width). Water There are existing public water lines in both SW View Terrace and SW Mountain View Lane. These water lines shall be extended as a part of the street improvements in this project. The 6 -inch line in SW Mountain View Lane shall be extended to the western terminus of the half - street improvement and shall be installed such that it will be located ten (10) feet south of the roadway centerline. Sanitary Sewer There is an existing 8 -inch public sanitary sewer line which lies adjacent to the northern boundary of this site. It appears that this sewer line will have adequate capacity to serve the new lots. Storm Drainage The topography of this site slopes to the northeast. There are existing storm drainage lines in both SW View Terrace and SW Mountain View Lane. The applicant proposes to extend the 12 -inch line in SW Mountain View Lane to the western terminus of the new improvement and install new catch basins at the intersection with SW View Terrace to catch . the new street runoff. Unified Sewerage Agency (USA) standards, which the City has adopted, states that all new developments shall review the downstream storm drainage system to determine if the additional storm water from the proposed development will adversely impact that system. The applicant will be required to have their engineer prepare this downstream analysis. If a deficiency is discovered downstream, the applicant will either have to upsize the downstream system, or provide NOTICE OF DECISION MLP 97-0011 - RANSDELL PARTITION PAGE 11 • • an on -site storm water detention facility to limit the site runoff to pre - developed conditions. 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 includes a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on -site water quality facility to accommodate treatment of the storm water from this small development. Rather, the R &O provides that applicants should . pay a fee in -lieu of constructing a facility, if deemed appropriate. Staff recommends payment of the fee in- lieu on this application. 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 adjacent to 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. FINDING: The street and utility standards are not met outright, however, as discussed in this decision and conditioned, the standards can be met. In order to meet the street and utility standards, the applicant must comply with CONDITIONS OF APPROVAL 1 -20 indicated on Pages 2 -5 of this decision prior to final approval. 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 major land partition 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. No trees, with the possible exception of a 12 -inch caliper cherry tree will be removed. The applicant has indicated that every effort will be made to retain the cherry tree, however, street improvements may require its removal. If the cherry tree cannot be NOTICE OF DECISION MLP 97.0011 - RANSDELL PARTITION - PAGE 12 1 • saved, the applicant has indicated that the tree will be replaced. If the tree must be replaced, it must be replaced in accordance with 18.150.025.B.2 FINDING: Because the applicant has indicated that the existing 12 -inch cherry tree may not be able to be retained due to street improvements, staff cannot make a finding that this standard is satisfied until the street improvements are complete. If the existing tree is unable to be retained, the applicant must provide a tree mitigation plan. This plan must be submitted and accepted by staff prior to final plat approval. SECTION V: AGENCY AND OTHER STAFF COMMENTS Tualatin Valley Fire and Rescue has reviewed the proposal and has offered the following comments: "Plans for the above noted project are conditionally approved as submitted. The fire district would encourage that SW Mountain View Lane be extended to SW 97th Avenue at this time. The district has no problem with the land partition." Staff response: As discussed in this decision, the extension of SW Mountain View Lane to SW 97th Avenue is not being required at this time. When, and if, Parcel 1 is further developed, however, a street extension will most likely be required. The City of Tigard Water Department has reviewed the proposal and offered the following comments: Existing 6 -inch D.I. water main within SW Mountain View Lane to be extended to the west property line of proposed Lot 2. Water main should be installed in correct location (10 feet south of central line) of future street extension." Staff response: This requirement has been addressed in this decision and incorporated into the conditions of approval. Unified Sewerage Agency has reviewed the proposal and offered comments which have been addressed by the Engineering Department in this decision. The City of Tigard Building Division, City of Tigard Maintenance Services Division, City of Tigard Police Department and Portland General Electric have all had the opportunity to review the proposal and have offered no comments or objections. • NOTICE OF DECISION MLP 97-0011- RANSDELL PARTITION PAGE 13 SECTION VI: PROCEDURE AND APPEAL INFORMATION Notice: This notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies FINAL DECISION: THE DECISION SHALL BE FINAL ON SEPTEMBER 10, 1997 UNLESS AN APPEAL IS FILED. Appeal: Any party to the decision may appeal this decision in accordance with Section 18 :32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within ten (10) days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, OR 97223. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON SEPTEMBER 10, 1997: Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. /4: August 28. 1997 PREPAR BY: Julia Powel ajduk DATE Associate Planner August 28. 997 APPROVED BY: Richard Bewersd DATE Planning Manager • I:1CURPLNV ULIA\MLPWLP97 -11 NOTICE CF DECISION MLP 97-0011. RANSDELL PARTMON PAGE 14 z . O CI V Z 1 ' .. - - z Z I r OEvEL��'�Cnr� 14 . 6REYLYNN- J ♦ ` WOODS ,. [ ..-......... .........7:1 I I s. 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' Ah ARDINAL LAND SURVEYING, INC. 7631 SE MILWAUKIE AVENUE • PORTLAND, OREGON 97202 ph:(503)238 -1897 • fax:(5031232 -5458 Job No. 83 -389 Sept. 20, 1995 Adjusted Tax Lot 101 A tract of land In the Northwest quarter of Section 11, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, Washington County, Oregon, more ' particularly described as follows: Commencing at a 5/8 inch Iron rod found at the Southwest comer of the duly recorded ; plat of "ARLIE'S PLANTATION"; thence South 88 °47'04" East along the South line of said plat 5.00 feet to the true point of beginning; thence continuing South 88 . East along the South. line of said plat 189.93 feet to an angle point thereon; thefts South 01 West 20.00 feet to an angle point thereon; thence South 88°47'04" • East continuing along said South line 94.89 feet; thence South 00°07'29" East 50.11 ' feet to a point on the North Tine of Partition Plat No. 1994 -010; thence along Said ' North line through the following courses: South 89 °57'13" West 149.29 feet; North • ' 01 °19'00" East 10.08 feet; and South 89°57'13" West 138.68 feet to e point that is . 30.00 feat Easterty of, when measured at tight angles to, the centerline of S.W. 97th i • Avenue (C. R. 1982); thence North 01 °19'00" East, parallel with and 30.00 feet Easterly of the oenterfine of S.W. 97th Avenue 66.32 feet to the true point of beginning. . Containing 17,613 square feet, more or less. ! • • I i I 1 ' REGISTERED . • • , 1 PROFESSIONAL . LAND ;SURVEYOR ' OREGON JANUARY 13 1987 I ‘ " D ANIEL; T. BUR 1 1 0 N j 2216 I RENEWS 12/31/95 ' • • S. OF :ton J SS n ya.�....Ax 1, Jerry h '". ns r : oc of Assess- ment an. • io Count Clerk fo :'-' •' . �'� • : County �� = • - rtify that the wit 1 i u'. r/. riz t , ,: • and re, .ab 1; ti�,;:4' df?f• of said county. * ( fl Gti. 1 •) *- r r4f*f $ r•s iJ • q ctor of s a $STaxation, Ex- ti r .y •i Ierk Doc : 96108572 Rect: 176628 48.00 12/06/1996 09:37:16am 1 — STEWART TITLE COMPANY NO (A-/ RETURN DOCUMENT TO DESIGNEE BELOW %);(0 � AFTER RECORDING RETURN TO: SEND TAX STATEMENTS TO: Ronald & Anna Lautt Ronald and Anna Lautt 14100 SW 97th Ave. 14100 SW 97th Ave. Tigard, Or 97224 Tigard, OR 97224 RECORDED BY STEWART TITLE AS AN ACCOMMODATION ONLY. NO LIABILITY IS ACCEPTED FOR THE CONDITION OF TITLE OR FOR THE VALIDITY SUFFICIENCY, OR STATUTORY BARGAIN AND SALE DEED EFFECT OF THIS DOCUMENT RONALD R. LAUTT and ANNA M. LAUTT, husband and wife, Grantor, conveys to RONALD R. LAUTT and ANNA M. LAUTT, husband and wife, Grantee, the following described real property situated in Washington County, State of Oregon, to wit: SEE ATTACHED EXHIBIT "A" 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 OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. The true consideration for this conveyance is none. The purpose of this deed is to create a lot line adjustment in and to a portion of that certain property acquired by the grantors by the instrument recorded July 26, 1993, Microfilm No. 93059347. Dated: ./.2. e‘ Ronald R. Lautt Anna �� .2 ' • , 1 • • STATE OF OREGON ) _ ) ss. COUNTY OF (- 0/kat t /U ■ CY ) On this a " 6 e 19 (V, personally appeared the herein Ronald R. Lautt who acknowledged the herein instrument to be his voluntary act and deed. Befo me: f "!•, OFF ICI AL SEAL ' � ikt.: 0 JO HN E. LAVEI N757 FOR T. • STATE OF O'EGON ?-+ NOTARY PUBLIC - LLE OREGON ∎ %t. COMMISSION NO.041450 MY COMMISSION EXPIRES FEB. 09, 1999 My Commission Expi 'es: 2-- STATE OF OREGON ) COUNTY OF Mto t , k) Cl--"O � ss. On this ,. — of c e f - V?G.,✓k , 19 C rb , personally appeared the herein Anna M. Lautt who acknowledged the herein instrument to be her voluntary act and deed. Before m-•- / ovia,c' OFFICIAL SEAL r k JOHN E. LAVEILLE \ NOTARY PUBLIC - OREGON %�' COMMISSION NO.041450 NI i'Y PUB. C FOR THE STATE OF OREGON MY COMMISSION EXPIRES FEB. 09, 1999 My Co m% ssion Expires: 2-- C - 5 ' 9 _3 • • EXHIBIT "A" Adjusted Tax Lot 101 A tract of land in the Northwest quarter of Section 11, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, Washington County, Oregon, more particularly described as follows: Commencing at a 5/8 inch iron rod found at the Southwest corner of the duly recorded plat of "ARLIE'S PLANTATION "; thence South 88°4T04" East along the South line of said plat 5.00 feet to the true point of beginning; thence continuing South 88 °47'04" East along the South line of said plat 189.93 feet to an angle point thereon; thence South 01°19'00" West 20.00 feet to an angle point thereon; thence South 88 °47'04" East continuing along said South line 94.69 feet; thence South 00 °07'29" East 50.11 feet to a point on the North line of Partition Plat No. 1994 -019; thence along said North line through the following courses: South 89 °57'13" West 149.29 feet; North 01 °19'00" East 10.08 feet; and South 89 °57'13" West 136.68 feet to a point that is 30.00 feet Easterly of, when measured at right angles to, the centerline of S.W. 97th Avenue (C.R. 1982); thence North 01 °19'00" East, parallel with and 30.00 feet Easterly of the centerline of S.W. 97th Avenue 66.32 feet to the true point of beginning. Containing 17,613 square feet, more or less. • • WASHINGTON COUNTY, S1M OREGON Date: I 3 -' 7 DEPARTMENT OF ASSESSMENT AND TAXATION MAIL STOP #9 155 N. FIRST AVE HILLSBORO, OR 97124 RE: CONSOLIDATION REQUEST Gentleman: Please consolidate as many of the following accounts as possible. `� Map 2 5 ( ,/ bt Tax Lot / l/ Tax Lot f 195 Tax Lot Tax Lot Tax Lot If you have any questions regarding this consolidation, please do not hesitate to contact us at 648 -8871. Address: /q(DD £ c 7 Signature of w ner Date SEE OTHER SIDE FOR CONDITIONS If an L.I.D. (Special Assessment) exits: Consolidation approved Land Use & Transportation Signature Date Unified Sewerage Agency Signature Date J:CONS -REQ Department of Assessment and Taxation, Mapping and Records Division 155 North First Avenue, Suite 130 Hillsboro, Oregon 97124-3087 Phone: 503 / 648 -8741 • • CONDITIONS Please be advised that the consolidation can not be done if one of the following exists: • Taxes are not paid on all of the accounts (ORS 308.210(3)(4)).* *Contact the Tax Collection office for amount of taxes due, 648 -8801. If taxes remain unpaid on 7 -1, we are required to collect taxes in advance for the upcoming tax year. • There is a mortgage on a portion of the property only. • The owner's name(s) are not the same on all of the parcels. • The property is divided by one or more taxing districts (code split). • The property will not all fint on one map. • The property is not contiguous to one another. • Dwellings on two or more of the parcels. If an L. I. D. (Special Assessment) exist, Land Use and Transportation and /or Unified Sewerage Agency approval will be required before the consolidation can be made. J:CONS -REQ • - • . , OREGON • JANUARY 15, 1987 - "• 7" - - - FND 5/8" I.R. w /Y.P.c. DANIEL T. BURTON ° • 25.00i I UNREADABLE -HELD .11 X248 • 11 EXPIRES 12/31 /9(7 - :. — - — to FND 5/8" I.R. -W/Y.P.C. - - - =" Jaloti LL . Q. _TISTRUCTURE _ HELD E -W - 0.11'S S 88 E 194.93' • • 5 .00' 115.30' 1143' X4.6 FND 5/8" I.R. W /Y.P.C. - W EASEMENT PER FEE NO. 81 -40723 12.17' "DEHAAS" = HELD N -S " o -- . ' I(�� - a - -- - •- -- - -- -- - -- -- -- - -- -- -- -- 7-------0.11 'W-- ' FND 5/8 I.R. W7Y.P�. ° Y o ., :9:; • ', 20.00' . S 8847 04 E 5.31 - DEHAAS - - HELD- - -_ -N 8. 13 1 co .0-,,, ADJUSTED TAX LOT 101 s 01 W 94.69' - 96.34' ^7- as rn - O in ;- a = - 1 17,613 SQ.FT. .. o w • Z Z � � OLD PROPERTY LIN HELD W co 2 ADJUSTED TAX LOT 105 0 rn Y.P.C. rn 5.00 115.33' 21.34' r"-S' 01 °19'00" -W - 3 9071 SQ.FT._ - 4 q N 89'57'13" E 136.68' 9 .N 89'57'13" E 154.53' 5.24' 0 C° _ FND _ _ _ _ _ _ FND 5 /8 LR . W /Y.P.C. , - - �0 5.00 1 0 ' 08 ' „ - FND 5/8" I.R. W /Y.P.C. 149 DEHAAS HELD 12.91 DEf U T L OT 101 S 01 ° 1 9 0 0 W "DEHAAS" - HELD - - W \--____...., U N � FND P N ° 6 0 6' 0.22 • Z ► o ' 0 0 co ,��6 • ° c 2 1 \ 2 <4 < -r/! Lo 6, b j c . �J� c O o N 6 5 �� p / , 5 6 - c � � v w . � 0 . A [-a .. L, 1 5 0 , FND 5/8" I.R. W /Y.P.C. •d O N O o 84 66. . . 3 •°DEHAAS" -HELD O R , 0 -� I Z - O • :. N Q _ - .28:49 - (28.42_)- -- W,-cfl N . O z S \lc% s ` �o S 6 o I o W ~ NI o S - 4 4 ° 07 ' 13 W 63�� c�,j,\ �� ` 3 i � 3 • S 44'0713 �E o ( o z • 22.03' 11 19 3 2 ,E �p 27' � 6 �� ,_....___1_:_§ 6 z l W „ F :92- F op . , _.. • � 9 . - 136,32 , • _ ' S 70'08 30 W .. S_ 89'57 1 - 3. _ - -W. - -- . �- • 25.01' 113.03' N 283.25 ACCESS EASEMENT TO T.L. 105 . - - •'64.•80' S .3 . W FND 5/8" I.R. W /Y.P.C, , • S 89 *57'1 3" W N 89'5713 -.E 353.05-(353.09) -- • N ,44'07'13 " - 1 .21 25.00'. "DEHAAS" - HELD ` • :. • ' - • . . - . 197.68 . INITIAL POINT . . T • . BOOK 432,' PAGE 787 r -FND _5/_8__I_.R�W /_1L.P C. _ FND_ 5/8" I.R. V • ' -• 1c' nine IT -nr uinv e /rniT - - „ DEHAAS" = `HELD - .• :- : �� "SHAPIRO" - HI S ' '' `'-, T -- ; .1 1 t i,`„,ci 1 1 iz,)- 4, -'4' ' - ? If ) '1'i - Q ., (1 c k. \. , - w ' .. -. ' i 1.1 ,:-.. 1 \ h:T 1 '1 - 1 . ce444A . 1". \,.,4 \ , ,„,:.\.\,,- K , t ,.. ,, , \. i ,\%$ , .,1 4 \-/".., 6'i f . ''' : 7 4 ' \ q ‘ '..° '‘,3 :1''' .. 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' ' i 0 1_N••• 9999 999999996111911••111111111111111.111111111111e811 at•oa•_• SITE PLAN MAP 2S 1 11BA —TAX LOT 101 IN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN CITY OF TIGARD, WASHINGTON COUNTY, OREGON \\ PREPARED BY: ,,j CARDINAL LAND SURVEYING AND PLANNING Il 7631 SE MILWAUKIE AVENUE PORTLAND, OREGON 97202 ph: (503)238 -1897 fax: (503)232-5458 11 11 (.1 (NI 11 STORM -- ,7 _ _ �tpSZRUC URE Nh. - S 88'47'04" E v- 115.30' '') i5 , • SO — _ - EASEMENT PE FEE NO. 81-40723 • 4 : — 1 — 7 — — — - ,o GAR 1 EROSION comma 9 FF EL SILT FEN E nq) • 9 8 .1 ' 20.' 243.0 FF EL= a o r � 4) ' C z cv 244.0 _ co O . t9 �. J m m .0 P J N STOR o z ' h . - \ ! .9,- INLE 1, __ - -- _v. a S 8''57'1 W 115.3:' v• ,)/ 0 ______ . cv 30' — 30' W -\l S. W. ELROSE ST. H - 4_ -, °' %'. J - V ---- 1 c A 6-C1('' '7.--- -3 e ,.s,,,____)___ 1 c, , . APPLICANT: R O \ L A. U TT — OWNER ELEVATIONS BASED ON CITY OF TIGARD i X1-100 S.W. 97TH AVE. BENCHMARK NO. 162- ELEV.= 249.65 TIGARD, OREGO\ 97224 PH: (503)624 -7955 SCALE 1"= 40' DATE: 10/14/96 JOB NO. 93389 - -- 1 . , . .. ,,.. . :,:. - ..... - : , ,,t , :c.F.*r7:,'Ir.: - :';.-V;' : -'c;-';;;'':- - .> , -i,;.;.,'":,`.: := .-: -- ,'.- ''--,-, - • , . OREGON JANUARY 15, 1987 - - - - FND 5/8" I.R. W/Y.P.C. J . UNREADABLE - HELD -)/2248 5 Fr FND 5/8" I.R. W/Y.P.C. • FM& L.5 539:.: HELD E - 0.11S S 88'47'04" E 194.93' 5. O0; 19,,, , 115.30' 11 FND . 5:/8" I.R. W/Y. P. C. W p ___ .. ... T {.., .43 11 ii ti 11 STORM 4135 - — — 7476.3" -- EASEMENT PER FEE NO 81-40723 - - 12.17' 0. DANIEL ' T. BURTON . "DEH'AAW--S" ,- HELD N - r-'--11-g,47,-(54., . = EXPIRES - 12/31/97 - FND D 5/8" I. R. W7Y : . . ' 1 7) 0***4~ft*:?.,-`4,***0;:i..',• :• ' ..','. :: - •'."' r :r ;:i 20 S 8 .00' • E 5 - HELD - -- - 89'57'13 . . 'ADJUSTED TAX LOT 101 s o1ls'o6" W 94.69' 1- -s.--- 96.34' 6 1 17,613 SQ.FT. cr - 5 (0 Z --- 10 a- OLD PROPERTY LINE IRON ROD co 2 ADJUSTED TAX LOT 105 c in ..c\_ ........ 115. 33' i 21.34' r•--S 0119'00" W 9071 SQ.FT. :t 4 = Er) 0) „ i.„--5.24' N 89'57'13” E 136.68' ' ... 9-92' :Lt N 89'57'13" E 154.53' 0 FND _.i 1 1 , FND 5/8" I.R. W/Y.P.0 1 0. ' 149.29 ' 3 "DEHAAS" - HELD '12.91' • 5.00' "DEI i - " S 01'19'00" DEHAAS " FND 5/8 I.R. W/ — HELD 2 Y.P.C. W - _ ) TAX LOT 101 0, . .: ,... c, FND 'l- : CN 1 . ' '. \ •--- ' "DEF I o 0 ti) c ft , --... < rfh Lo7 X 900 `-) 5 Lu \-\ - 5 ' • r ---- c , , „ Q1 , R 6 .) • ' ...) t,-,.-.- .00. 7 s MENT TO E 64 Z9 ot . ....... /9 .2' it, 7' ■•69. .4'- - - --, „ - .- -; - i t — FND 5/8" I.R. W/Y.P.C. 1 5. - DEHAAs" - HELD WZ i 2 S 44'07'13" E 1 Lo to I h "0 r/hc 40 9000 . _ 0 ,,, , n P 1 coLL'Ir-i 0 S 44-'07'13" W ___I v.) cx) 1 ' ' ' -.----- ;,_, 11: 4 , 1 , 1/4,, c/ '57 1.3 _W -- --- . .:,.283.25 ASE T.L.: 105 • " ." - " . .430 ,___..._ . _ ' FND 5/87 iR. -W/Y.R'i:: , 39 37 :Y.: .,... 1 . 1 0?.,;5_7:1," ... ..- p3.o5s 3 ) :-.,::::.:.,.::-, .1f.:44,,,?6,14,:.0:1..7.,!tJ., ,?.y:.:,: "DEHAAE.,..LD-. :4* ...2:L ?2'..k-iL÷z=14.:_— .- L.': .•; .- '..,.‘ ;, ___,', __, • ' ._. • - INITIAL : POINT L - ,) 12 - -- - 1 Frs.4 - - 0: -..-4- D' 5 . IR , v l ''' '43i R. 5 /-. , f... EN _-_ /8 .__ . • . " • Y--. '::-...-: - . '''"- L'■ ■■ i i-il i 7 • ' a, A \i 1.-*A Z.4 -Cs 14, 1 '. iirbEHAAS7 l'''-" - !'f:1??Z' , . , - , •' - ';. -- : - . - ;. - .._:, , zi.:..: - .. 1 ::: ''sHAPI ko" .— HI ../... ..,,, . . . s_... V Y . I 'V 1 1 / 4 - L. ■...../ I NJ r L. L/ . . - • . . . , .. ■ - . . o _ . 1 ; • 2. --- ___ _ _ 2:5 CD ---- -- _ -I D 2- C O , • D• , • 5 rt. 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RICHARD90N O ik. .- G ! ; .:, � UNE GEORGE_ ,�t1C� CHARDS C.R. 430 116.29 194 94 a3 -5114 831113 83- 26033. ��i��i��iii F k CDO H /ry//� ... /Hry/H. / /N./�L'° ///N. f ° O • 800 803 92 . • N88 °43'34 W 83_3787 • " 610 �' • f T STREET 8 04 80 ,.• 8796 82- 9360 . T k 364c. SAe. 3542. 701 700 602 R'20 < W " 4400 500 91 e9 0 a ,_ A be $ e p, 7x01 N ' • •. •, //� / /� 0 0 o• 4500 46001445-* az_so T 0 400 0 0 ° o .3 /AC. m .N.23Ac. .25At. m Z c 19 A .33 544c. 544c. ' ° m � \ ; 61 00 b 6301 6400 6500 • . e • 1 I o n _ ° o >.iii , 107.54 ( ° 1 ° N m a m 1 A �' I 1 1 . 3 A ITI • L PT. 103 ^ • 0 2 °� o of o t m �J .1\A r � ° ] 11 a • 56.8 • .. w • $ °' (, 100 `41 74.15 4300 /�� : n 31 89.97 $j •:20 .x6200 3 4 'w° 62At o . .� I G' `. /.... w 18 w i' - ° `0 4 74 5 6 0 - ! . N89 O' N68 °43 341Y 100 50 m 7 m °+ x _ 118.34 LL 0 - I-, 2 1 1 9 ,. 92.22 26 00 m 107.48 11 o - 45 107.30 L. /�-• \I /� N o 306.34 1° J / • . /,,,,�,,,,,, < 1- 1 d + ,�,. 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ELROS 5a STREET: 3 A ' � ) 209.97 t ° / ‘ q, 3100 R = � ° .59 -a• '5845.4).'" 82 69.81 � v a 8°46'S6`E 3 ^ 32 ' d (CS. 5931) • 308.94 6 7.6 o R =20 Ty ' 000 6000 Rat • y ` - aT 'd - 302 N89 N89 ° 58'40�E 157.53 ° 7 _ 15 m • R`20 1 5200 R=20 p R =30 ° Q 5300 „ q , t1189 623.28)28 SSO 83 (15615);n ° o -: w I Din `N boos ° lo7so 1 ° 12 m a m 5t/ 0 0 4 c II _ - - _ � (a9__ 141;") 73Ac. 901 - -- - - - 24 1 -.IS /.00Ac. _ 3300 t ° 3900 ee.62 50 • 9326 1.3_1 93.90 106 90Ac. f 1 100 ;o R`2 9 6 1 ; 5900 . ;5400 5100 c • Or�• : w 4, / W • R =2O J` A ° L� 01 O? ;O! N89 30'W 310.09 \ 8 b b a)-6 7? =20 -fm , o •4 1 _ o a w w 133.98 0 A. L. • 104.45 I 1 b 4, R =20 6 o w ° 3 a� Pi I 807 N .. 60.02_ R.50 3 3800 0o b N � 79 0 ) 93.90 0 • "' z g I OO n il 44 C.. l 57Ac. 3400 CO 55 x56 . R =SO ., LL, 5000 f p @d aJ500 w 3c .B /Ac. N n J �, �/ r') r ° f ' w 9 9d o • 5 ` 0 V.1 '2' / ' A 5800 1. . 9 9 7 N w w a (cs. lozo4) o N N ar , .. 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SS rte_.. � 0 , Off/ D� NUZ ,�GUDin) Wb ER 7" 45 AM ,ct'oA4 PAS , "CSC _ =- 1 ARE MAP SHOWS 117,1 10/, 106 = 1,1 AcRE Raw 1arc cRm b ML' 93 oz sows or-) Ck.ats taxr MAps .4S 101 °( 000 R 2c9b - ' /444 - c t MI5 a 1 00 ©1 /41U5T /0/ cos / 0 5 , s s — L 3 � 9 ^ � t 3 t i r , 8' i tf 3 o /93 , 0 1 ,14-e- r1 � 83Z qP �O l e R E IBC e m E o r 4 p 3 /o5 9 o 71 a�Z 41U /0/ / 7, ad3 CORREtr? 1r /21/96 101 1_03 /05 11 , 7 / -- S0W 'BE NEB fir I ar 105 OF MIS 94-01 1/1 .09 - 5-7- r'oA1' hiJo 0 wmera C4 ! • SI-kb o L3] N o 1 'F) A Al TOE 7iME. LDT 1 O t SIACD0 C. Nr5T 157 LCIT 1 i( 1D6 1 13 . .. . • . , , - , • . ,.; , .. , .,.. . f . .: . '• • , ' - . . . • : • ;, . • • • - . • I • • • . , . • . . . .. . • . : . . . . . . . • : • , • .• . . - • .._.; • STAFF REPORT • (• (• AGNDA . • . . . .E 5.1a 5.1e • TIGARD PLAM::INC; co M. .iSION • • March 20, 1979 - 7:30 P.M. • • . . . • Fowler Junior. High School - Lecture Room • . .. 103G5 S.W. Walnut Street - Tigard, Oregon III Docket: LOn Cl - ZC 3-79, ZC 4-79, ZC 5-79, 2C 6-79 E ZC 7-79 . . . . . Applicanr-i Mr. & Mrs. Husvar Owners: Same . ....,:.... • Mr. & Mrs. Stack Mr. & Mrs. Janzen " . Mr. & Mrs. Lautt . Mr. & Mrs. Burnam " • • : • . .. Application Dates: February 2, 1979 (2C 3-79, 2C 4-79, ZC 5-79 & ZC 6-79) and • • .. February 6, 1979 (2C 7-79) 1 . . ' • - : . -. .. . Site Locations: ZC 3-79 - 14200 S.W. 97th (Wash. Co. Tax Map 2S1 11BA, Tax Lot 100) ZC 4-79 - 9840 S.W. McDonald Street (Wash. Co: Tax Map 2S1 1LBA, • - . • , . • Tax Lot 601). . . „ . . ZC 5-79 - 9910 S.W. McDonald Street (Wash. Co. Tax Map 2S1 11BA, . . . . Tax Lots 600 & 700) . .,. .., - .. '‘ •. ! . . - ZC 6-79 - 14110 & 14140 S.W. 97th (Wash. Co. Tax Map 2S1 11BA, , • • • - . - Tax Lots 1(1 & 105) . , ZC 7-79 - 14235 S.W. 97th (Wash. Co. Tax Map 2S1 11BA, Tax Lot 1000) -1 .. . .. . . . , • • Rr^ess: For P amndment rom ut a zone ma e f Was. 9 h Co. RU-4 to City of Ti ard R-7 "Single Family Residential". . • , . . :,., • • •••• , • . •.•"••• avid An: The seven parcels were annexed into the City in January jointly .-. , ..., -. • : . . •. . . ,,. . 111- to devalco. A Lc:al Improvement District (LID) for sewers has -....,. I.e '.-%-.1-fl..-1 1 7,f. : :-- • •_. , ,-., ...,....,-, eneral Statement: The Planning Staff feels that these five applications should be . , - --.... heard f,ointly because of their proximity to one another. Staff feels that there are no unique problems with any of the parcels. .,.. . • . - .-- I. Findings of Fact: . • • %_. • . . 0 1. The sites are designated "Urban Low Density" on the NPO #6 Plan which allows four dwelling units per gross acre. . . . . ..- • 2. The owners are requesting zone changes in order to comply with the ., — — . Comprehensive Plan. They will individually begin to subdivide their • • . . • . . respective properties to create residential developments (refer to .• :- . . attached narrativa.) ' 3. Applicable. NPO 46 Policies for residential development are as follows: • ,,, ... ., -.-. • ... • . . "Density" - Policy 42 (page 3) •, • "Streets" - Policy #3 (page 3) collector and local street standards (pags 1.0'. :: • : "Other services" - Policy 44 (page 3) • . "Site character" - Policy #6 (page 4) • .,„.• . ,..- •, . . . • 4. Lots 630 and 700 have existing single family units on the northern . • • .. • . • i e ,...,d ve..: re: tc t_l't ::0::" '.--: 61 i= P,: ..\ ,,.,,, .......,....-,,,,-,' ,...- f,t7,..Ly .::.-I f1-, solat!-_,-,t.?r-1 :7--7::::. •• • , , _ - with open space to the north and east. Lots 100 and 101 have single family units on the west frontage of 97th Avenue and open space to the east. Lot 105 is vacant. The entire topography for this area slopes .- . • . • slightly from southwest to the northeast. • . - .. • • . , . ,• . • • . . . ' • . • • . ,. . • ** I- •• . . . , .. • • i • •. . . .. • . . , ., . , • • , . . . . • . , , - • • . . : . . . ■ . , - .. • • . , . . . , . . - - - — • - \ •• - N . . •• . • .. . . . . . . . . • , . • . . ... • • . . - . . . • • ... ,- . , . . . • . . . . . . . . . . . • • _ I / .) • : / '......r . . • C•eCCL.LIO tas LOTS 102. A "*"""r• -1 - . .. —.. _ ... . - T -.- STREET ....sk : • Z ?GS C• • ? . r -::- I .20 1 20C rp 200 1 1 104 , !03 t • .52 4c. .74 4c .'..5...:c - .. . . • t 3 ... . 0 - . a : ■. - 0 0 - . ; . . _ .. I .rc .c.0 r-L. i :• ...f. : - . CA. OS , ..- 100 - .-- .- •• 105 '4 , 9 7 j / • , Z • :- . : . •-' . .93Z: 0 .... ' !. -‘.. -... ; fly° Z.: so ?,' - - . • . 1::.. % :1 rtr 9 I .1 ''• . " ...:.#1•: • •: W . • el` •,• • r , .- , ..- . • - • .. . ... . ...: V :•-•‘ :. ... LI 1 . ;.' 101 • `..1 - : - .T - _::.T..3 _-.-..‘,. . ,-... - ...,-.4 , :• ' . Cs it5 28 • - . . 9 j ...: 7, . , • . , ,., . ......., .... . Z ... _ c S.-5 9 3- _. ____ 1._ . _. t .. -, , := ...: i T. T_ •• ,•.1 : LL.1 1C.6 > ...,-....... 1100 te.. ; , ! c:r ; 91 4: . •.':.e ..T.:ai • - - , . ( 1 7Ca 1 : r ... fOC. . ,:se .....•••• (-- e • ^ g• 4: • • .1:1'..: S'.'....1" • :7: .. SEE MAP 2 S 1 IIAB i... The pro', .:- ' ' 107 .. :axes ca: I ' 6.9.2; :.;•?.wk s; t *.,•: I 1 ha i 1 4. 104C ---Sil( ir:12rC7121 I 1200 to e:.e.i.s 1 ..0 I 1814c 4—I .: N.... Ir. I I . I • ' • • •.' • . - . . . i . . . . . . • . .. . .,. . . . . . . . . . . . • . " • .. . . • . .. . . • . . . l . . . . . . . . . . i? . . . • . • • ". . . • . • • . . . . • . . . . . . . . . . . . _ . it-v. ' y 22c_ + L LW GEO. RICM • 1. 0.1.. C. No 3 a 1 * o.._____ r Ali • „i______ — - -- -• - STREET \ -4 , S C • Rd.�,rr 430 0 - M C b ON�.LD �' `� T N � aa c� 1 , ,�` i I '= mo. 100 `�' " "i! 9 :5 1 04� 1 67.82 .....e\ I i 2 0 200 coma .. = 300 s o 200 10 4 10 3 700 _ ! 500 40 N 7 Nc. ®' - .32 A c . ' 4 4 c. r �. 42 4c. 1� 6 0 2 - n I a"' .56 4c. .56 A 1 36 Ac. WM Ooo Om r ° I °I o R' 0 . , •-- 0 n • if pm ....m / a .,.. 0 1 166.04 mot I �°' I 600 1 0 0 3 36 4c n o • . 3 .28 4c. 1 01.. ml" a i- 1oo.08 N c ,� m. 0 A • . ' . I 105 y y I 1O O _- . _ _ _ _ _ _ _ Ilea •... .. '^ • 3 a 9° S 2' w 834c. o I -- e ntinumst l imitai 31 :. ' r v tly S 4 ° ' 305 ,� e so 168.27 H E — lO ° 1 I woe CD N n l a 25:.19 I 2 i 3 O I N 8 ° S 4' rV _ — — -- f• o n .° I W 1 • « . . 364 c r - -- -zoo o w 101 I W I ..' o •I I I /.674;. 102,11 p-- i • S ► l �t#1 '', 111111 0 e . — CS. 755I r� A 1 I � i 1000 27 1 I 8 o n � .1 ,. l�.U�lilllill1 10 I I � D CS X931 _, -- 1 --- 1 a S I , ..o I I t 900 3 --- �-_- ? t-.n L-V,./ I 06 I I ' /90 4 c. C • j : iui.u.uimiiiiu.iiu i c i 1 o m I A C. v • 8 / m OM 128 I • 1 i 0, 601 I , - SE • ' 47�4c. 1 I J 2 I 0111111 '; A r) rte. / I I -, t r:' I , L I r G. 11 : . . ^ ' i „_:, . „--,, 1 • ,/ .4i.: ' / I MS ` moo 1 INITIAL P I m I I I INC (GRANO tGATS 143 .c � • 148.45 8 CH. 1 d 19 ?S I. l CA I "" 86.2 S S N 69 ° 53 . Y1 i 12 O V r 00 1903 / 1901 1800 ' I Z 1 /6 ac. 181. c. I .� r ' 01 -4-- D • 03 •• I `� O r i let h eel ° a "n D 3 _ ,, •, - o 2 f , 4 1 - J 1 o = • y x mss; µr • • • 3 • 7 a FINAL ACTION STAFF REPORT �% Ak.:4 TIGARD PLANNING DEPARTMENT .... .;. 1' 420 SW Main Stree + ,4t ..,._ ,. =une 6, 1581 CITY OF T WASHINGTON COUNTY, OREGON • DOCKET: Subdivision, S5081 - Lautt's Terrace ' APPLICANT: Ronald R. Lautt • 14110 SW 97th . Tigard, Oregon 97223 ' APPLICATION May 2, 1981 NPO #6 , DATE: . . • SITE LOCATION: 14110 S.W. 97th Avenue Tigard, Oregon 97223 . Washington Co. Map 2S1 11BA, Lots 101 and 105 • REQUEST: For approval of an eight (8) Lot subdivision on • - 2.58 acres in an R -7 single - family residential zone. ° PREVIOUS ACTION:Ref. ZC 6 -79 zoned property R -7 I. FINDINGS OF FACT: • * , 1. Property is zoned R -7 single- family residential. • The minimum lot size allowed is 7,500 square feet. r �, y:•. i :r'i" •__.•.. :. I..LOjc en J.;,e s2 :... ..J'. F3...T, "�'l.:7:3;7.'•1y ' 1 2. Sewer Service is being installed at this time. Water is available. • 3. 97th Avenue is substandard. A local improvement • • - district (LID) may be formed to improve this street, but if the LID is not, Mr. Lautt and. • . ( ' ( Mr. Husvar will joint - venture the public improve- ments. 4. Necessary street R.O.W. dedications were a condi- tion of the ZC 6 -79 and these dedications will be made. - 5. One house exists on this property and one mpbile home is in place. The house will stay, the home will be removed. j • I II. CONCLUSIONARY FINDINGS: j k k -• 1. Property is zoned correctly and all urban services . •• are available. 1 . - _ ∎24220 S.W. MAIN P.O. BOX 23397 TiGARD, OREGON 97223 PH: 639 -4171 i i . —. • , ' , '••• . . ' i • -.. '''''' : "-' --- r . - , :• . •. .: • : r , - . — - - ' *. ' - • • - J v �� D BAL _. . � TREE T . ,A ' ': ¢ : < • • n , 1 T ° .. s2a c " .. =r . _k_ µ ri''1w 31f '_ y-.,, 1f7. BS , 120 O '- 7 • co T ` 300 5c 200 104 f . I 31 4 c. .74 A c. 7 c. 56 CC .36�c ,. Q 2 L � • a .e 0 - • d • _ S v 302 1 w 36 A: ^': - - N 220 '" p j � 105 97 27 I ' 854C S e 9°52'w f •? v ei 5i w 305 t ~� fe2 '� o -'c of - - -- a " •' • i — -� ^IV 2'2 .9 ti • 30 n e5° 5 •'!w _ ,� • „ .36 4c r — — — 200 $ i y .. 101 ' 0,1 1 1 L 674C :C2 el ■fe.5• ;•f.5f I • 4 n C5 7551 �] 8 - .► 27 i 28 o I W ...,.. 4t.. I C5- 5931 — -- - ., t 'S- ,„ - 1 2 , 3 1 ic, C' , 1 ' 0 , - s,;: s' y"'''' ;45 . et' 54'''7 A T Q 0 1 SEE M . 2S1 11 c 107 • 694:. i' • •3 • ♦• .__ — - -- __4,O. -EH.• - -. •. ? j 1200 99 :;1 • ,r 1 j 3.?..;:.',.) 5y "• r te t i 1300 i ;q !°,1 ', i. ',i E. :� r rV,. " § . ilu 9 . " Applicant is requesting to • o I partition a 2.5 acre parcel w • - I into 8 lots approximately 11 400 square feet each. 'i - • 1 C5. 4'23 • • • x S B9. 39 w __ . • • - 6. •i `'� • _ J o ,y ;.... ', - r STAFF REPORT FINAL ACTION TIGARD PLANNING DEPARTMENT TIGARD CITY HALL 12420 SW Main St. October 21, 1981 DOCKET: MINOR LAND PARTITION, MLP 19 -81 ( Lautt, Ref. ZC 6 -79 S 5 -81) i PUBLIC NOTIFICATION: Publication in the Tigard Times October 8, 1981 and October 15, 1981 surrounding property owners notified within 300 sq ft. Notices mailed October 6, 1981. • APPLICANT: Ronald & Anna Lautt OWNER: Same 14110 SW 97th Tigard, OR 97223 • . . . • CONTACT: Donald L Murray 519 SW 3rd Suite 306 Portland, OR 97204 • • APPLICATION DATE: October 2, i981 t ''' SITE LOCATION: 14110 SW 97th, Tigard (Wash. Co. Tax Map 2S1 11BA Lots 101 and 105) • REQUEST: To create a 22,984 sq. ft. lot out of two existing tax lots. Tax lot 101 - . is 1.67 acres, tax lot 105 is .83 acres. • r SITE DESIGNATION: Comprehensive Plan Designation Low Density Residential, Zoning Designation R -7 PREVIOUS ACTION: On April 23, 1979 the Tigard City Council approved an ordinance (Ord. 79 -31) for a zone change from Washington County RV -4 to City of Tigard R -7. • On May 2, 1981 the City of Tigard Planning Director approved an eight (8) lot subdivision on Tax Lots 101 and 105 with conditions. • I. FINDINGS OF FACT: I 1. The proposed partitioned lot of 22,984 sq. ft. exceeds the 7,500 sq. ft. required in an R -7 zone. i 2. The lot to be created is a modification of lot 8 in Lautt'5 Terrace Preliminary Plat approved by the Tigard Planning Director on May 2, 1981. " 3. The esi...i -r•‘f. i3O.5_ rued by water. $ . - ; 4. Sewer service is available to the site through a Local Improvement District (LID). The new owner shall sign a waiver against notification of the • • formation of the sewer LID. The new owner shall also be notified that the • assessment for the sewer improvement runs with the land and that a lien \ against the property will be forthcoming. • i • -- i Xab. 1 YY1 -011 LOT S "r t , 0ei1 t 50 . 1 200 104 . j 103 :I • i 3./• .1 I . 324 .7a AC- 73 a:. `1 Y P p _ t J v v 9T E i .;-.5 CC .1 ' :10 'CO • •0c.011 ` • °` ' — 220 _ � 00 I > ` I i7 27 — I V! I ~ �. 93AC - - — 1 � X69 °52w 1 - te r — � — • vey'Siw —SOS — — 7 — -- 1 1Gd-27 b- ", _ a 1 I ■ 9_5 a_i — J .'6 4.1. i A B — i - 2J0 — yi 1'.9.54 — _. - Cs, 17 551 {+ i , 28 Z I • W 109 °5 a'[ 5::5- I I ■ 'M `rte C.S= 9:1 1 Z F=— ^ •— -- I 1 s s ; 1�s 1100 .9«c. I I _ `4 C 1 - I C 1 1V0 ; Cr' - C - . ,� 107 b9Ac. I 7 . 1 .as J. • r l , r f °/ i \ , , • S.W. Mc DONALD ST. _!! L� l � :` • 4 `i��°1 i�� %i�' LEGEND �� +; " �'; }�` Ai � / — I + / ZAO 21.''') . PLAT BGUNDARY I I ` /'°, .��1Ir a/ � ; v ' i y � I I o PROPOSED LOT LINES — / „ f t, Y A A • % 2 3 STORM 3 SANITARY SEWERS = — -----= `��`�' , /If .� •:�@ ' /� I CL --�{_ N I y EASEMENT LINE — — — —� y �, �' a " q _ • /( T�- 50' / �. 1� � p �' _ L 5 25 , i 22 LO EXISTING PROPERTY LINES � `rf �' ,(, J � p I % / / - / I i' ` : 1 1 i,1 '- �l'N.'1 --tI , .irt'!!•E. ). 1�, z i - • ca p -- r ._ .ate I t / ., STORM SEWER TO OAYLIGHT2 ; _.LT..?.... i • _ �� 0 _ — _ _! ®O - -� _ — 30 _` — c,- ' CSC —�s ICL _ ;' .1 • If� _� '. ,' 1-_ . 5 DED ICATION i 101.1 � — 1 = — — — — I S f_� LE-r i s l' / ;..y.j.(, i f \ 1 t r5' — L (. . ri 11 = t---'."'llit'.:rill - " ar 1 ,Tl . A C v I EASEMENt �i i m `I �� m c \� �` `� / S lOR � ` Q �— �- -1- 17... � • 8 .640 N /, it I' x- 225 I ' I ' t 12,02 • ....Sr fM „,, I � 1 / 11,403 n �i 230 .�f }` i , — _ 1 f^l 7 I \ 22.700 2, 00 v, I Z O T BE /� \ ----//,,/- 11 t � 2) ' > \��RE ^ vED � il I _ -- - N C ! / �. a . • 31 / '' y h . _ $ i ^ 4.554 v o c ^t ' I 2 0d 32 8' � �, i I I HOUS — E TO _ ` 23 . vi w U Q ' r I ` i ∎t, ,' I I !—R£ MA LN s VICINITY MAP . O_ R. O „! O 'k k `. ^ as F -i; I 1 SCALE: rs 60d STORM SEWER TO .,'' �r _ ..---� - r- • ` .ti ` n ,,:;b=� = =_9:, v 83 j • LINE I N 9 7TH. ”- — .6'..-....• � . � I '; : S s Y 1t RNO ND A ' ._ RT _ , . -: r .. ^ , •1 , tix . � •....�.,aelii': • 20 6 • it °__— -__.- - --'—_ — — `' ..+�_ ..i . 1 c i” • ' I ° I Z I ; I 0 .Q ww�; .SEE LEGA ATT ACHMErT OWNER — DEVELOPER RE. ACCESS EASEMEN • *all- '''''s '^Iws ?q RONALD R. 6 ANNA M. LAUTT • i I o , u 14110 S.W. 97 TH. • ! /' 0 ; ! .. TIGARD, OREGON 97223 Y . -- �. N . \ I • II — .. —. - -1 620-2796 C _ ) I ENGINEER I ct 1 TEMPLETON ESTATES \ DORNER,TUNKS 3 MURRAY INC. C 2 S 0 I 519 S.W. 3RD. SUITE 306 O PORTLAND, OREGON 97204 I • ` � PLAN AREA :2.55 ACRES 1 SCALE 1 =50 ZONE :R -7 MIN. 7,50') SQ.FT• RESIDENTIAL LOTS I NUMBER OF LOTS : a AVERAGE LOT :11,400 SO. FT. VERTICAL DATUM :5 FT. CONTOUR INTERVAL TOPOGRAPHY :CITY OF TIGARD (U.S.C.6G.S) LEGAL DESCRIPTION:TAx LOT 101 & 105; PART LOT 2d TIGARDiILLE HEIGHTS,(MAP 2:1 II BA) IN N.E. V4 OF N.W. I/4 OF SEC.I1; T. 2 S. R. IV/ WASHINGTON CO. u_ WATER TIGARD WATER DISTRICT t SEWER CITY OF TIGARD & UNIFIED SEWERAGE AGENCY SURVEY ouisiGz :ii.;,:. : -. - _ - LOT e:'... "3. SCALD. . C=F. -.1_: R�1N R!W 5O 1 25' 25' 17' 17' 1 I 1 � U i 1 2 CLASS . C . A.C. CONCRETE SIDEWAI K, 2" Y4 C RUSHED ROCK mom � 1 iM 1111101111010 NOTE:I " CLASS 'C OVERLAY `8 2 ROCK I �'. — REQUIRED WITHIN ONE YEAR. O� TIGARD, TYPICAL STRFFT SFCTInN �� OWfiI R- � • - . • . 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I I i t 22,98 \ • 01 ,, ! 1 3 0 Tr Q •-..,, � — , m • '.' -{ _ ' ; . Tax Lof'. /0/ `- t I • 0 ' , .: =' I Existing 235 ` - i ._ - - - - i House • ' y I •� , r-- - I r Sewer Easem ` - — -r - - - ' R 3.0' \J 1 20 . 97 ' — t - - - - — Ex1st/n9 /5 foot Access Easement 1100 .. _ Tallot 11 • I Tax lot ,'O,: I N MINOR LAND PARTITION Map 2 ,5 - I, 11 BA �' � MIN Tofal Acres ,258 — FOR RON LAU?T 14110 S. W. 97 , TIGARD,ORE. . i Sca /e I 50' 9/28/81 DORNER,� UNK SUITE MURRAY INC. 80-2-2 . _ 51 PORTLAND, OREGON 9/20'1 • • I .1' ; , !h 1 I , ; e • •• v - , l4 • • ,t A fX e-P CITY OF TIGARD r G ) I G Washington County, Oregon C� J NOTICE OF FINAL ORDER - BY PLANNING COMMISSION l/ e 1. Concerning Case Number(s): SUB 90- 0013 /VAR 90 -0037 2. Name of Owner: Ronald & Anna Lautt Name of Applicant: De Haas & Associates, Inc. (Marlin De Haas) 3. Address 9450 SW Commerce Circle S -300 City Wilsonville State OR Zip 97070 4. Address of Property: 14110 SW 97th Avenue Tax Map and Lot No(s).: 2S1 11BA, tax lots 101, 105, & 111 5. Request: A request for Subdivision approval to divide an approximately 2.05 acre site into seven parcels between approximately 8,554 and 12,025 square feet in size. Also requested is a Variance to Code Section 18.164.030 (a) (1) to allow a 65 foot centerline -to- centerline separation of intersecting streets ! whereas the Code requires a minimum centerline separation of 300 feet when it is necessary that intersecting streets form staggered intersections. ZONE: R - 4.5 (Residential, 4.5 units /acre) 6. Action: Approval as requested X Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall, and mailed to: -- X The applicant and owner(s) X Owners of record within the required distance X The affected Neighborhood Planning Organization X Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON February 20, 1991 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Oregon 97223. 9. 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 10 days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee ($315.00) and transcript costs, (varies up to a maximum $500.00). mum of 1 The deadline for filing of an appeal is 3:30 p.m. February 20, 1991 10. Ouestions: If you have any questions, please call the City of Tigard Planning Department, 639 -4171. bkm /SUB90- 13.BKM 0 011 CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO. 91 -04 PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSIONS WHICH APPROVES AN APPLICATION FOR A SUBDIVISION (SUB 90- 0013), VARIANCE (VAR 90- 0037), AND LOT LINE ADJUSTMENT (MIS 90 -0021) REQUESTED BY RONALD AND ANNA LAUTT (DEHAAS AND ASSOC.). The Tigard Planning Commission has reviewed the above application at public hearings on January 8 and 22, 1991. The Commission has based its decision on the facts, findings, and conclusions noted below. A. FACTS 1. General Information CASE: Subdivision SUB 90 -0013 Variance VAR 90 -0037 Miscellaneous MIS 90 -0021 REQUESTS: 1) Subdivision preliminary plat approval to divide an approximately 2.05 acre site into seven parcels ranging between 8,554 and 12,025 square feet in size; 2) a Variance to Community Development Code Section 18.164.030.G.1 to allow a 65 foot center to center line separation of intersecting streets whereas this Code requirement specifies a minimum center line separation of 300 feet when it is necessary that intersecting streets form staggered intersections; 3) Lot Line Adjustment approval to result in the current area of tax lot 111 being split between the proposed subdivision's lot 6 and tax lot 109 to the east. COMPREHENSIVE PLAN DESIGNATION - Low Density Residential ZONING DESIGNATION - R -4.5 (Residential, 4.5 units /acre) APPLICANT: DeHaas & Associates, Inc. (Marlin DeHaas) 9450 SW Commerce Circle, Suite 300 Wilsonville, OR 97070 OWNERS: Ronald & Anna Lautt 14110 SW 97th Avenue Tigard, OR 97224 LOCATION: 14110 SW 97th Avenue (WCTM 2S1 11BA, Tax lots 101, 105, 111, and possibly 109 for lot line adjustment) 2. Background Information t On June 26, 1981, the Tigard Planning Commission reviewed a subdivision proposal to divide the subject property into eight lots (S 5 -81). The file for the current application includes a letter from the applicant's engineer noting that the Planning Director at that time had 'verbally approved' a variance to the local street alignment standard. No evidence is found that the Planning Commission formally addressed the street alignment issue. The proposed subdivision plat was approved by the Commission but the plat was never recorded with Washington County. That approval expired in 1982. The current preliminary plat is essentially the same as the earlier proposal except that tax lot 109 to the east which was proposed as part of that subdivision application has -- t FINAL ORDER - LAUTT/DEHAAS - SUB 90 -0013 PAGE 1 ' • •.% ... . ... , 1 . ;... 1 • • 2 S i i 1 SA 4444 .444.411 '74 IL' r 4,444.444 .44,14 4.0.44.4,7.14,400,4.1.4;:.X.,) SEE VA5 .... Z S I Z50 El C DONALD . : gtg g .", 4"1" STREET R., z?- 5400- - 4 4 . 44 •'•• 4.1 4. 1* ;.• --.° 040" ' n a. :4 i O. 1 . , . , ,, .... -4.444-4,4.444--.4.0.4410:.? • 2.' 4 00, .1 500 : 4 * • 4 500 - 4 i . ; f * 1:.11 * gtw, ; 4 106 3 6 4 0 . .0 • 7. so .... ; « MA.' 1 • 4 tki 46 6 0 ; f t , r-.1 1 • 1 t- , 4-410.4 A E... 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We.r.- +�+P.Faacau,xr,.o:;.wi =. cs..+�r:.•3raab� -_..i CITY OF TIGARD NOTICE OF DECISION LOT LINE ADJUSTMENT MIS 91 -0003 LAUTT APPLICATION: Applicant requests Lot Line Adjustment approval to adjust two parcels of approximately 1.32 and 0.47 acres into two parcels of approximately 1.16 and 0.63 acres respectively. The adjustment is proposed to enable the applicant to build a residential structure on tax lot 101. A map of the proposed adjustment is attached. ZONING Designation: R - 4.5 (Residential, 4.5 units per acre). LOCATION: 14140 SW 97th Avenue (WCTM 2S1 11BA, tax lot 101) and 14110 SW 97th Avenue (WCTM 2S1 11BA, tax lot 105) DECISION: Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to the following condition: THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO THE APPLICANT RECORDING THE LOT LINE ADJUSTMENT SURVEY WITH WASHINGTON COUNTY. 1. A lot line adjustment survey map and legal descriptions showing the existing and proposed lot lines shall be reviewed and approved by the Engineering Department. The applicant shall submit evidence that existing or new easements to be recorded with the survey will guarantee reciprocal access on all driveways that may be shared by users of the subject properties. STAFF CONTACT: Bill Baerski Department (639 4171). • E n gineering 2. Applicant shall provide screening along the property line of a lot of record where the paved drive in an accessway is located • within ten feet of an abutting lot in accordance with Sections -L . - 18.100.080 and 18.100.090. Screening may also be required to � maintain privacy for abutting lots and to provide outdoor recreation areas for proposed developm usable STAFF CONTACT: Victor Adonri, Planning Department (639 - 4171). 3. Any accessway shall comply with the standards set forth in chapter 18.108, Access, Egress, and Circulation. The applicant shall submit evidence that existing or new accessway is in consistent with the standards set forth in chapter 18.108 of the Community Development Code: L G Section 18.108.020 (C) GENERAL PROVISIONS No building or other permit shall be issued until scaled plans are NOTICE OF DECISION - RONALD LAUTT MIS 91 - 0003 PAGE 1 . . . . ....... : , . : . • : • a 4„... / • • •• • • • • • • " . • , K • ;KKK ';`• •.:•••, • •• • ", I . ! : 7ke "VI \,„.; \ • • • ...... • 't. : • . • • • /**.. • `' •'�' i �'' I .r , 'R'Cji; • . Y 1 4 ; { III, 'y N - • r 5 'e C, , I II =.100 y. , .s ., •:,;1'. ,:CY: l x • S . � ,1 " / f.j • • ;a <y ; ', t i t:, CANCELLED TAX LOT NUMBERS ' 102 ,IOe,600,601,702,300,302,1000 0 ) SEE MAP • ' • 104,200, uo, 2S 1 2C 23.. 74 • • mni......iiiiiariii : 1 r 1 C D O 6 Nee °45'04"W • , . ,y 82 -30380 1- 83 -3787 0 1 �" • �- STREET v. , 87.96 83.91. 8 ,,-30558 ..� ° • 89.90 0 • 4' • 400 • • 500 400 4500 46O Oe' 1 s • b f . - 01 ' .. i aiii N iii60 i...iiiiii. , " 3 3Ac. _ _� ' 6100 6 • • 6400 • ao z.3o e. 19 g . .54Ac. '1 I o; ° 0. �`I„ J d�� ; �." 6500 6600. 107.64 2 o i� - ' J "� r ) I r-+ ITI L PT. 103 ° A. 1 ' . . D M .P4 r 4300. ti) NS 3 W _ 6200 3 4 .62 Ac. e 18 g f 4800 74 .16 m 5 s i o 4e , o • ° l 0� 30 /� \J AT r 1 0 �\J , • 1200 � ° " • 0 4 0 4700 0 95' J" 50 60, INITIAL r` 3 01 : • e se . s 220 (888 °6e'OYW 200.02) 17 °�' - J P6�.91 Nab "19'56 "W a 105 ; • 60' 80' I I 1 .0 94c. (200.02) a } `u et 0 L 107.30 q .47Ac. . _ I { • ' t07• �,/I 501 .: • 7 • .ez ••,, : • , (889 56 "w 306) 105 304 303 I- :s ° " „ • ( 'g OS 18 . ,499 100 ', . .2 /Ac. ° n .�8Ac. 3 (- (eee ee 07 w 216.2 I __ �,,1, • ) n 109 r i o. o e /7Ac. .+ • " 101 1 .49.4c. 16 " ° M i • to. :o eo.oe '. 8�' :5 , • , e4 ►VL 27 eo.6e .t,„13 /. J . -So � sees ' : ° • 177 J ler17''' °� • . . " E ET ° 3' I - _ S .W. ELROSE STR i e2.81 88.81 ' t a eee 40 86 E Q 0 • 00 6000 R•2. 0 w �` R �7-3.+ T3,e7 � •'• (CS. 5931) a 15 n V 5300 „ 5 200 R•20 �, t $ 9° �g 523.2$) aeo` 83 � � e I 1 � 12 Q 5 4 r : — �t 1 209.97 I 107,30 s n •J " / 8 k =' _ (493.10) _ - b 1 w X0 0 /' ' • ee.�t a_ Lt 106 143.10 50 93.9 �. 1 100 • 9 28 ` .90A c. r • 14 m ; 5900 4— .0 ,5400 5100 e ° 9 /Ac. E /_. • 1020 2Q n q A lea , 5 f 1 104.46 N I I '� p„,_ 6 3 - 0, 0+ i ! _ b 0) ,l R•20 L� ° _ 300 00 4 � 79.30 • 93.90 y : d 100 • Q H: a a LL 000 - 1 ` ': . ' + N 5 800 h 2 A o ,•,; . � a ; (C.s.10204) i It N N • • NOTICE OF DECISION MINOR LAND PARTITION MLP 93 -0002 LAUTT - OWNER / APPLICANT lit ii.C° APPLICATION: A request for Minor Land Partition approval to divide one parcel of approximately 52,272 square feet into two parcels of approximately 43,272 and 9,000 square feet. ZONE: R -4.5 (Residential, 4.5 units per acre) LOCATION: 14140 SW 97th Avenue (WCTM 2S1 11BA, tax lot 112) APPLICABLE LAW: Community Development Code Chapters 18.50.050, 18.88.040(C)(1), 18.162.040, 18.162.050. s DECISION: Notice is hereby given that the Planning Director's designee for the City of Tigard has APPROVED Minor Land Partition 93 -0002 SUBJECT TO CERTAIN CONDITIONS as listed below. SECTION I - CONDITIONS OF APPROVAL: t 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. The applicant shall pay the fees as established under the guidelines of Unified Sewerage Agency Resolution and Order No. /l 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 public right -of -way. The second part is paid at Building Permit issuance which is for each individual lot. 2. 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. 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 direct the storm water from the site to an approved public storm sewer system. As an alternative, if the previous condition is impractical as determined by the Engineering Department, the applicant shall install an approved drainage system meeting the requirements of the Building Department and the Uniformed Plumbing Code. STAFF REPORT MLP 93 -0002 - LAUTT PAGE 1 �. is •.• . . 28 1 2W 2 374 • - , : ...':! v1 • .. . • ,...., 7,i., ,:- .4. ,J,:, ; , , . :Y:•: • =s . : • 3,,,.: ;. • , . 1.41 - ..1.;•!:,f,:iFt1 ' ::.4 •. : . , .. i' ' • .. ,-.}r" „ • -:'*''.:' ...• ' . •., . 1:. . '. ./- • .!.•?1 • -:.." . •-.... •: .:.• '''• f .;• .4 • 4.. 4-.. , :,..1.g.,.,.....: ..,, . r In in r T" 0 T M c DO N A 1.1),, „.....„ , . " e 4, - r STRE '.. ' il'' -'' - - ''''kci.t.t 6101 ' •-• • ?'"'... bibr .'... :, :.'' .... '..: f .:' .7. : ..:*':.:: . !: 88 , 82-30560 7' 93-3787 i 0: ., i t,wf 1 :. • .- , s•-4 1, •;.. t 4.,..!. Ot,-30135 0 .4 1 1 , , „ • • - • -• - /44441Ww/ / .(// ..• 67.96 .' 83.91 89.90 54.13 • - .. .. r - 1. ,.1', •••• '- :37 : ''' BO • ' r . .7 ..to6s,. ...;,. 100 500 400 , 4500 , 4600 i ..• .. ,, 0 6100 1... • °I 800 6500 • • so .. ...i?; • :. •,,: :,7. • „g4.7 - ..':•il, • aa .33 Ac. :ot 0. 3 e leITI AL PT. i,' 103 . ii".:i'A.•.,:. . • ,,-. •••''''..• r --- ' .62A e. ": • ''';. ' k. ';.. . - ' • 19 F .54A c. :i 1 2 ° I III I .A R I i 1---- ra Z: • • 107.54 14 SL 56.80 o3 4 l ' ."6.. • '.- 4 iv. : - • .. . 1,-,• . . . C) i\A F' G A . `la 4 61 2 1 1 % 0 06200 .. "E . -:,1t, , 18 4800 , .... e.. 7.';,: ,,,,, ,',.. : : : .:• . ,r . . ;. 1;,.: 4 . • ; ;; . ....„,.. )0 ti) ss . • _ . 6. I. A, i t .: .. • 74.15 a t ilio 0 a 0 1 107.50 P 1 2 i \N T AT .1 0 .Nj i 1 : • •■ o ' • ". 07.48 . o ni so 4 P 4700 • 95' . so' ea . t (689 58'07 100.02) 2L ... ; 77 . : • :'. - .;:t.".., tf 0 o lo ■cli tr,„, t- 3 gi k 1 II mu, ZOO . to • ....w......e=1/ - - - --- ---- • ( At1 "...!; : •1 INITIAL . . 17 f*C 0 .,. E Patti N 88 19' fgt.. 0 °1 .55.4c. -.! 101 • . VIP- - .., . (899 I05 - 101 - 1 - • ":(J r2 1 ,,. 7 : -, .:t.`•.," . ...4' ' 107.42 411 83.7Cr C .04Ac. . -. geitb•""'" '''''' '"". • . mlo (CS. 18,499) I 109 t.,. v el t ' .... !.ii:4 3 . ,... i. ... : ..„ : , :•,•...... ...., ...(..,:. 1 . 501 ' 304 303 30 = it K. (389 216:20) I ...y1 , ,..;-,'„:.. .,iff-,-. e•I... ..2/Ac. , il ./ 8Ac /7Ac - - . .. In i mo -. F ' °AC ' se• ' .1- . • .1••°-s : 0 ;.,..4 2 . 112 , . . ,,.• . !:.. :. 1 4,:i',. :16.: 7, . • ., _ • /20Ac. • „ : • Al 60 I I A ' ) ' : 1- ..4.1L r' • ZT n , . •• • P . , ..,,, .., II, ... , , 81:1I .t 0. 80.08 \ 84M/L ao.ee 58.65 • .4 , • ' i 5 ''''' • " :' . .,. . ... ... . / I ELROSE STREET (CS . s. -,9.., • , r ; w . ° ,... • , • • 1 ....... , , , .. ,...,7 \ : ? • . . . . 6931) I 0 . A v y . 4t, $118 46 86m2 ' • 68.81 uj .t • 3.87 . : - 9a Its50 ' lel: . • 1 P . :A I , )0 .. 6000 11.2• (..) A.20 5200 Rs 20 4 III_ (NO9 • 523.261 54° \ 83 . 109.9? .;.. Vi. W;1 5300 i ..•.... • . • f 15 ,;:, . ••• °. in < . 4 : In C 1 _ 1....; 12 : ..J 111 5 ti ) 5 8 4 . i P.. .. ......- ■.... ..■.. ....... t ........... ■-... 0111■11, ■ID w•■•• ••■• r (14310) - '• " V ; 1100 17.50 : a a. , . 106 . ... • . 88.62 1-1- 93.90 8 ' . . - 4 .., . k:,, .90Ac. c • : .9 /Ac. . . ;..;:: . .:P iii ;! 0 :.....". '.‘ • 80 • i 6 5400,..,„, , 5100 o: . . .. • • • 9 :!• 1 4i; '..*!-•1:; -,-,‘ • 5900 LL, 61 el • • . :•<N• ki. : I . . .4.44 ••••;, ,., Na20 .1 e■ r ,-7 N. a 6 tpi t 3 'ft I . . • )4A5 X . I I 10 fri 1 R•20 v. . = 0 ,,... J t....„ in IF . If , .,. td . •• 7, /-: 1 )0 0 . , • . 4., 79 .60 8 93.90 t 0 ,.. g loo . . • .'... ."*... ..k .?.A. . . :.■' r • •• i ' :• . . oyos f LP E 4 . ' " , 13 . • to sso , R .450 J. LA., 5000 z il .8 / Ac. - • N - 0 • • .75500 (C.S.10204) ....;•-,,.. 4.: r* 1 4 (-1 . . 1 • co 0 ---, . : 2 • ; 7 p.. , 4 : l a, 113 . , ' ••• ft:3 ., . I fr • I 4 01a , . . ., • 5800 • ...1„ r! s 7 N , ; t • •••‘: ,-....--.,•7 . . . • . 7 11A4 33 48 . 'L --t. 1 I. 700. J 5700 , ..,. : • ‘. .• 93.90 • SEE -!. I A'.•'.',U. ' kilo . k 56004,0- ° 4900 • 107 . „ :,•••/ . :', <..,. , ... .i- ...%-it -7 ! "4 ' :,r-' r• ... .:' • ri , , e. ..- •,•,.• .0 .. .i 8 0 ! 1 N A. ,69A c. 1 ,........... ; 5601 ; .„,..' ,', . , .„. • • . .. ,„ i ,..- . 1 5801 : 5701 ' t n p„ 4901 V , 1 (.01.89) . - •;:.• - / / en i (586.86) . 145 75 • (N89°58'W 616.8) • l i • ."1:::., .A: 94.21 86.68 93.93 .. . - W11 50.37 , • • Esliubt -V A CITY OF TIGARD NOTICE OF DECISION LOT LINE ADJUSTMENT MIS 94 -0001 LAUTT - OWNER / APPLICANT o APPLICATION: The applicant requests approval of a Lot Line Adjustment to adjust two parcels of approximately 23,958 and 1,742 square feet into two parcels of approximately 18,843 and 7,832 square feet each. t .17 ZONING Designation: R -4.5 (Residential, 4.5 units per acre) LOCATION: 14900 SW 97th Avenue. (WCTM 2S1 11BA, tax lot 101), and 14140 SW 97th Avenue. (WCTM 2S1 11BA, tax lot 105) DECISION: Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to the following conditions: 1. Additional right -of -way shall be dedicated to the Public along the easterly frontage of SW 97th Avenue to increase the right - of -way to 30 feet from the centerline. The description shall be tied to the existing right -of -way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department. 2. The access easement for Tax Lot 105 shall be delineated on the final survey plat. STAFF CONTACT: Michael Anderson, Engineering Department. 3. Applicant shall submit a revised site plan to the Planning Division for approval showing the access location to lots 101 and 105. STAFF CONTACT: Victor Adonri, Planning Division. 4. The applicant shall provide a field survey locating the existing sanitary sewer and storm drain pipes, and grant an easement to the City for the storm drain, a minimum ten feet (10') wide. STAFF CONTACT: Michael Anderson, Engineering Department. 5. The applicant shall submit a lot line adjustment survey showing the existing and proposed lot lines, and legal descriptions of the parcels for review and approval by the Engineering Department. STAFF CONTACT: John Hagman, Engineering Department. NOTICE OF DECISION - LAUTT - MIS 94 -0001 PAGE 1 CANCELLED TAX LOT \LE I 11 = 100 1 102,106,600,1101,702,300,302; )..,,/, 104,200, 110, 301,1300,1100i, ,I SEE MAP • =, f, 2S 1 2C0 . " . '" • • 23-74 .�,„, , . xi,„ ri ; 4 . t i'8.` S. 'T �....,� M c DONA�,�D A AA ; t ........... .IL.�1ai � ∎ ∎• '��...∎...-� STREET I , ' "8 02 -30560 - • r 113- 767 -10558 � - 1 .N 57.90 0 83.91 •9.90 54.13 1 'J ez 3o57 p • 50 50 ., ' t ' 18 °45 54 , 00 .• 500 400 / 4500 N 4600 ' ( � � 6100 'b ' 6400 6500 66• • 19 .33Ac let et d it F 1 �IITIAL PT. 103 - y . � .54A c. FO I ' o a • d a . / � J I r / o .a 6200 3 4 - - L )0 tn� 2 ; 90 •9.97 ' 1s 5 60 .. e a; 74.15 = r, ' „. 18 � °y'° 0 4800 0 r 2 - t �,,, 2: g 1 073 0 1 r ,, 107.40 4700 • N 4 c � , - -. � _ . t . , �--� �.,. II s e° 44 let (ee9.58 200.02) .1., 4 0 •i �.6= 3 � .: 5 • 5 • II . 1 L / INITIAL Nee ° 1 9'56 " / s (200.02) g ,) + 17 _ � 8 107 / . . 'a - ... w so 4f toy :: ` it 7b.e2 I- 1 F t.t, Y r + , 1 .`! r ,Ii 4.11� Kt r, k 'w ••• +k I 109 I , ' 7 � { 0 07.42 • 501 ' 304 303 $ 30 r 26 7 { li '�' '., f �I ,.rs _,1_ _.,,, > o. ` 'E 1 l" , „ '-.:; 0 / o° .2 /Ac. a . /BAc• . /7Ac ° i 1 • ' 1 * � ; ,� a I 49Ac. "W - 8 a x M 112 ,t.- T 1 16 ° /.204c s e' ' ? 27 03 .1 f n 60.05 1146 / L 00.66 58.03 1 a ' 'y I , S.W. r ELROSE STREETn / V } �, • •e 48' 84 "t d 1 .61 1 �� 1 a.a ° ra.er s ' ► / A R•so 'PI 62.61 56I ; 00 6000 R•2 . U 41" R•20 '' 52 00 R•2o / (Ne9°ae'o7 "e 523.26)` 580\ 83 1 209.97 1 "'` .., 12 id n 0 5300 >� ` n (493.10) ,,„ � '$= 15 1 �° 0 10 6 e- °0 , 07.30 � e „ / / 800 7. 8600 • ,. 1 88.62 50 ° 93.2a • 93.90 o / .90A c. c I 4 a ; . ^ r 0 ° ••••• 5100 / /° ° ,...,, ti 5900 1g L , 400,x,, a 3 14:1:0 ' ;'.1i • _ .1 R • 20 4` n o t 3 ° / 115. 21 n s: -. s 6 104 • - I I a 01 11•20 Li) ° 7 85002 In $- : .', ;`t ' v. �0 b 9 3.90 •q / W - �..:'4 ! �o 6 �' 79.50 B / i� 100 E / 1 >-. • I . • 13 65g , R ■ LL, 5000 ; , /Ac. ; tlg 12 O '. ;�"' ;' a M550� R / a (c. s.io2oa) lb ° _ / Q 137• - ' k ��' 5800 s 9 111 • ...1.; « I.• / .. 1111,7 0 :ta N iM,, 5 5.56 z 93.0 /� -0 8400 880 ; S E " 3700 a!o o m � o o } CA I g , ,„ L) 4 • _ 8.10 4 5700 5600'•. e 1 4900 f ; 107 I g 1 „ ?q i �25 ` . g n 12 E 9 i 8 ( ; � . * .694c. ° . �A R= • 4c%U -' I I I Nr11•4 %..il.........!, .I•67''','„!, • ''•--"- - I . . . . , ,t. i' , - • • -4 • ;- ': "..- 7 ' -.. • . .''.i;. .'''• . 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DEED RECORDS C . � �, s1; '1 ` • , 0 I I "L inc ciescrthe ,n e seme,; '. .'+A <y 787 j, f �) as G••.,.f P ar / /e/ to th So:: `r, L .re: 0f La! ,j. 00 i • h• 28 - ; I 1 CITY OF TIGARD PRE - APPLICATION CONFERENCE NOTES ,, p+z a`� ttet(ommuntty RESIDENTIAL o4TE 6/Z I STAFF: I iJ, l / 1D rAA)DR { APPLICANT: - RO/V 1.#c) TT AGENT: Phone: [ l 6 2I -- Phone: ( l PROPERTY LOCATION: ADDRESS: TAX MAP /TAX LOT: ? 51 //84 - /05, 8 too, /i 3 NECESSARY APPLICATION(S1: U 3 n1v l v1 C) N /0 r 0sZ rF�T F906 PROPOSAL DESCRIPTION: _ I0 (_OT 5I O!J COMPREHENSIVE PLAN DESIGNATION: LO V� ZONING DESIGNATION: - — /-{. CITIZEN INVOLVEMENT C) 7 FACILITATOR: TEAM AREA PHONE (503) ZO LNG DISTRICT DIMENSIONAL REQUIREMENTS inimum lot size:l" ft. Average lot width: 50 ft. Maximum building height: 30 ft. Setbacks: Front ZO ft. Side ft. Rear /6 ft. Corner / T ft. from street. Maximum site coverage: /VA % Minimum landscaped or natural vegetation area: NA % (Refer to Code Section 18. 5C) l DITI0NA1 LOT DIME REQUIREME Minimum lot frontage: 25 feet, unless lot is created through the Minor Land Partition process. Lots created as part of a partition mustfiave a minimum of 15 feet of frontage or have a minimum 15 -foot wide access easement. The depth of all Tots shall not exceed 2% times the average width, unless the parcel is Tess than 1 timeg the minimum lot size of the applicable zoning district. [Refer to Code Section 18.164.060 Lots] Cm OF TIGAARD Pre- Apantatlon conference Notes Page 1 of 11) Bulde.Ual neeueatl.UN..d./ MMiie. S.otl.. • SPECIAL SETBACKS > Streets: -1 f3 feet from the centerline of q1 > Established areas: feet from . > Lower intensity zones: feet, along the site's boundary. > Flag lot: Ten (101 -foot side'yard setback. > Zero lot line lots: minimum ten (10) -foot separation between buildings. > Multi- family residential building separation: [Refer to Code Section 18.96.030] Accessory structures up to 528 square feet in size may be permitted on Tots less than 2.5 acres in size. Five (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.) C UBDIVISION PLAT NAME RESERVATION) P rior to su a Subdivision land use application with the City of Tigard, applicant's are required to complete and file a subdivision plat naming request with the Washington County Surveyor's Office in order to obtain approval/reservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. [County Surveyor's Ofnce: 648 -8884] FLAG LOT BUI 6 HEIGHT PROVISIONS Maximum ht of 1% stories or 25 feet, whichever is less in most zones; 2% stories, or 35 feet in R -7, R -12, R -25 or zones provided that the standards of Code Section 18.98.030[Bl are met. 'GESIDENTIAL DENSITY CALCULATION [See example below]] The Net Residential Units allowed on a pa icular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s) from the gross site area: 1. All sensitive lands areas including: a. Land within the 100 year floodplain; b. Slopes exceeding 25 %; and c. Drainageways. 2. Public right -of -way dedication. a. Single- family allocate 20% of gross acres for public facilities; and b. Multi- family allocate 15% of gross acres for public facilities. [Refer to Code Section 18.921 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 BOUNDING UP IS PERMITTED. CRY Of TIGARD Pte - Application Conference Notes Page 2 of 10 Issllntlal Ajjllcstl, IMsln Seethe • • OCKS) The perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right -of -way line except where street location is precluded by natural topography, wetlands or other bodies of water or, pre- existing development. When block lengths greater than 600 feet are permitted, pedestrian /bikeways shall be provided through the block. [Refer to Code Section 18.164.040) RESIDENTIAL DE TRANSFER The City o Tigard allows a Residential Density Transfer of up to 25% of the units that could otherwise have been develo.ed on sensitive lands areas listed in the density calculations that may be applied to the developable p• ion of the site. (Refer to Cod Section 18.92.0301 i h- r- ..n ' • iI • - - .. • .. for a residential development application to provide a detailed calculation for both the •ermitted residential density and the requested density transfer. RESIDENTIAL D SITY TRANSITION Regardle of the allowed housing density in a zoning district, any property within 100 feet of a designated established rea shall not be developed at a density greater than 125 percent of the maximum Comprehensiv Plan designation (not zoning) of the adjacent parcel. Transition area applies to any property which a designated established area. The subject property is designated as an area. The subject property is adjoined by established /developinq /areas to the north, south, east and west. INURE STREET PLAN AND EXTENSION OF STREETS 1. A future street plan shalt:'" a. Be filed by the applicant in conjunction with an application for a subdivision or partition. The plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include boundaries of the proposed land division and shall include other parcels within 200 feet surrounding and adjacent to the proposed land division. b. Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site. 2. Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed. (Refer to Code Section 18.164.030) RESIDENTIAL DEVELOPMENT SOLAR ACCESS REQUIREME All subdivisions and minor partitions are subject to solar access requirements. These requirements state that a minimum of 80% of all lots created must be oriented for solar accessibility. The basic standard, which determines solar accessibility, requires that 80% of total number of proposed Tots: 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, CRY OF T16ARD Pre- Appllcatlon Conference Notes Page 3 0110 IsW.tl.I AulleaG.UPl..dl.IMslS. Sutl.. • The total or partial exemption of a site from the solar access requirement may be approved for the following reasons: 1. East, west or north slopes steeper than 20 %. 2. Off -site shade sources (structures, vegetation, topography). 3. On -site shade sources (vegetation). Adjustments allowing a reduction of the 80% solar lot design requirement may be made for the following reasons: 1. Reduced density or an increased cost of at least five percent due to either: a. East, west or north slope greater than 10 %. - b. Significant natural feature. c. Existing road or lotting pattern. d. Public easement or right -of -way. 2. Reduction in important development amenities. 3. Pre - existing shade (vegetation). PLEASE NOTE: Maps and text are required which are sufficient to show that the development complies with the solar design standards, or that specific lots should be exempted or adjusted out. The following items shall be included in the analysis: 1. The north -south lot dimension and front lot line orientation of each proposed lot. 2. Protected solar building lines and relevant building site restrictions, if applicable. 3. For the purpose of identifying trees related to exemption requests, a map showing existing trees which are at least 30 feet tall and over 6 inches diameter at a point 4 feet above grade shall be submitted. This map shall include the following: a. Height. b. Diameter. c. Species. _ d. A statement declaring that they are to be retained. 4. Copies of all private restrictions relating to solar access. The design characteristics of a developed solar- oriented lot are high levels of wintertime sun striking the south walls and roofs of the house, house orientation maximizing south window area, and a south - sloping roof area. To achieve this, one may utilize the following: 1. Protected Solar Building Line - The solar building line must: a. Be oriented to within 30 degrees of a true east -west axis. b. Provide a minimum distance of 70 feet from the middle of the lot to the south property line. c. Provide a minimum distance of 45 feet from the northernmost buildable boundary of the subject lot to the north property line. 2. Performance Options - There are two performance options which may be utilized as follows: a. The house to be oriented within 30 degrees of an east -west axis and have at least 80% of the ground floor's south wall protected from shade. b. At least 32% of the glass and 500 square feet of the roof area face south and be protected from shade. CITY OF TIGARD Pre - Application Conference Notes Page 4 of 10 1•st /•■n•1 IMsb■ S•an•■ • • PLEASE NOTE: :=Regardiess.of the opdon(sl.used through the design of Minor, Land one and two family. single-family residences are reviewed through the building permit process for compliance with Solar Balance Point standards. Please contact the Building Division for further information regarding the Solar Balance Point standards and the options that are available related to building height and construction. - PARKING AND ACCESS All parking areas and driveways must be paved. > Single family: Requires 2 off - street parking spaces per dwelling uni . > Multiple family: Requires 1.5 parking spaces per uni or f e room. (Multi family - requires 2 parking spaces per unit for 1+ bedrooms.) Multi -fam dwelling units with more than 10 required spaces shall provide parking for the use of guests and shall c• nsist of 15% of the total required parking. (Refer to ode Section 18.106.030) N • 1 • r- . -A • 1°. of required spaces may be designated and /or dimensioned as compact spaces. Parking stalls sh I be dimensioned as follows: > Standard • . rking space dimensions: 8 ft. 8 inches X 18 ft. > Compact p. king space dimensions: 8 ft. X 15 ft. > Handicappe • parking: All parking areas shall provide appropriately located and dimensioned disabled perso parking spaces. The minimum number of disabled person parking spaces to be provided, as w- I as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A h. ndout is available upon request. A handicapped parking space symbol shall be painted on the pa ing space surface and an appropriate sign shall be posted. BICYCLE RACKS Bicycle racks are required ,, r multi - family, commercial and industrial developments. Bicycle racks shall be located in areas protected fr•m automobile traffic and in convenient locations. Bicycle parking spaces shall be provided on the basis of o .e space for every fifteen (15) required vehicular parking spaces. DRtuEwAK Minimum number of accesses: Minimum access width: /5 . Maximum access width: Minimum pavement width: /0 t . REQUIRED AU(WAY LOCATION W in all attached housing (except two- family dwellings) and multi - family developments, each residential dwe 'ng shall be connected by walkway to the vehicular parking area, common open space and recreation faciliti s. CLEAR VISION 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 Pro- AgellcatIsn Conference Notes Page 5 of 10 I.sll..tl.l Aulle.11../Pla.d.! IM.l.. S.etl.. • • BUFFERING AN 1 CHEERING In order o increase privacy and to either reduce or eliminate adverse noise or visual impacts between adjacent thvelopments, especially between different land uses, the City requires landscaped buffer areas along certai site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be •ccupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve _a balance betw: en vertical and horizontal plantings. Site obscuring screens or fences may also be required; these ar: often advisable even if not required by the Code. The required buffer areas may only be occupied by ve• - tation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes .y be found in the Community Development Code. (Refer to Code Chap -r 18.100] The required buffer widt' which are applicable to your proposal area are as follows: ft. along n • h boundary. ft. along east boundary. ft. along sou boundary. ft. along west boundary. In addition, sight obscuring scree ing is required along iTREET 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 ne tree for every seven parking spaces must be planted in and around all parking areas in order to provid a vegetative canopy effect. Landscaped parking areas shall include special design features which a ctively screen the parking lot areas from view. These design features may include the use of landscape berms, decorative walls, and raised planters. For detailed information on design requirements for par ing areas and accesses. (Refer to Code Cha tern 18.100,18.106 and 18.1081 T REE 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; 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 Tess 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-Applcatleo Ceofereoce Notes Page 6 of 10 Uslltstlsl upllestl•./nsuhu IMsln Sufism • • Retainage of from 50 to 75 percent of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated according to Section 18.150.070.D; Retainage of 75 percent or greater of existing trees over 12 inches in caliper requires no mitigation; • Identification of all trees which are proposed to be removed; and A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. Trees removed within the period of one (1) year prior to a development application listed above will be inventoried as part of the tree plan above and will be replaced according to Section 18.150.070.D. (Refer to Code Section 18.150.0251 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 (0l SIGNS 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. SENSITIVE DS The C • e provides regulations for lands which are potentially unsuitable for development due to areas within the 10 -year floodplain, natural drainageways, wetland areas, on slopes in excess of 25 percent, or on unstable • •und. Staff will attempt to preliminarily identify sensitive lands areas at the pre - application conference bas- • on available information. HOWEVER, the responsibility to precisely identify sensitivg lands areas. and t' -ir boundaries. is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must b- learly indicated on plans submitted with the development application. (Refer to Code Chapter 18.841 CITY OF MAIM Pre- Appllcatlon Conference Notes Page 7 0110 Isstlsstlsl SlpllestlsUrlsnlp IMsbu Seals' Chapter 18.84 also provides ulations for the use, protection, or ilblification of sensitive lands areas. Residential development is prohibited within floodplains. SLOP When eep slopes exist, prior to issuance of a final order, a geotechnical report must be submitted which addresse the approval standards of the Tigard Community Development Code Section 18.84.040.B. The report shall e based upon field exploration and investigation and shall include specific recommendations for achieving t e requirements of 18.84.040.8.2 and 18.84.040.B.3. UNIRED S i RAGE AGENCY WSAI BUFFER STANDARDS, R 8 0 96-44 Land • -velopment adjacent to sensitive areas shall preserve and maintain or create a vegetated corridor or a buffer wide enough to protect the water quality functioning of the sensitive area. - '.I • The vegeta -d corridor shall be a minimum of 25 feet wide, measured horizontally, from the defined boundaries o the sensitive area, except where approval has been granted by the Agency or City to reduce the with of a portion of the corridor. If approval is granted by the Agency or City to reduce the width of a . onion of the vegetated corridor, then the surface water in this area shall be directed to an area of th vegetated corridor that is a minimum of 25 feet wide. The maximum allowable encroachment sh - I be 15 feet, except as allowed in Section 3.11.4. No more than 25 percent of the length of the vegetated corridor within the development or project site can be less than 25 feet in width. In any case, he average width of the vegetated corridor shall be a minimum of 25 feet. ;- '. a .: - • .. No structures, develo • ent, construction activities, gardens, lawns, application of chemicals, dumping of any material of any kind, or other activities shall be permitted which otherwise detract from the water quality pro -ction provided by the vegetated corridor, except as allowed below: A gravel walkway or bi - path, not exceeding 8 feet in width. If the walkway or bike path is paved, then the vegetate. corridor must be widened by the width to the path. A paved or gravel walkway or bike path ma not be constructed closer than 10 feet from the boundary of the sensitive area, unless appr.ved by the Agency or City. Walkways and bike paths shall be constructed so as to minimiz- disturbance to existing vegetation; and > Water quality facilities may enc •ach into the vegetated corridor a maximum of 10 feet with the approval of the Agency or City. Location of Vegetated Corridor: In any residential development which creates multiple parcels or lots intended for separate ownership, such as a subdivision, the ve.etated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used or the construction of a dwelling unit. (Refer to R & 0 96-44/USA Regulations - Cdapte 3, Design for SWMI e 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. Cm OF 11CA8D Pre- AOtificmea cep News Page $ of 10 Magda A.iUatl.UM.nli IMsl..Slain r ---- . CODE SECTIONS • • 18.80 X18.92 ✓ 18.100 ,18.108 _ 18.120 ,/18.150 18.84 18.96 _ 18.84 _ 18.96 ✓ 18.102 _ 18.114 _ 18.130 .18.160 •/ 18.88 _ 18.98 / 18.106 _ 18.116 _ 18.134 _ 18.162 ✓ 18.164 ` S TUDY A s 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 .0501 When a condition of approval requires transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. (Refer to Code Chapter 18.32 Sectlon.2501 - jHBoRH000MEEi,G The applicant shall notify all property owners within 250 feet and the appropriate CIT Facilitator of their proposal. A minimum of 2 weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. (Refer to the Neighborhood Meeting Handout) (BUILDING PERMITS) Plans for building and other related permits will not be accepted for review until a land use approval hag been issued. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. RECYCU App • ' ant should contact franchise hauler for review and approval of site servicing compatibility with Pride • posai's vehicles. CONTAC PERSON: Lenny Hing with Pride Disposal at (503) 625 -6177. (Re Code Section 18.1161 ADDITIONAL CONCERNS OR COMMENTS: `PRo v©5 /S• ED EN? %c7 z,o7 /•✓ 6 - 464//t , 1W/oD.5 ACCT 5 TO Go TS //4 4Nb 4000 4 4 7°V ,6 /0 4 o GIegR•Fy Gar /oo m) C:t>Ree/VT MAPS S,5io0[..I7 NC7T ,5e1'r57 W.45 ma- .L} ,?p! Z gy 7i14 Cr-{y, k1/1/ NEED TD 2 •RE.A.4 a ve - a ( ,4ccr SS 1- z l o-rs —> /s yio A4 VEA 3 49 /o r5 } 25 3Av4 (4 ) f i al e N - yr p /- ,.. / 7 L ,-}, ..24.--,, t' i vn GO r 7 rp A, L , ) /jt Grp e L ‘1 1 , ' L r _ . CITY of uc ao Pre- Appugtlea csMce Mates Page 91111 IsslIntlslbppatln/Msoli i IMsln Satin PROCEDURE • • Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All applications must be accepted by a Planning Division staff member of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. Applications will NOT bq accepted after 3:00 P.M. on Fridays or 4:30 on other week days, Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (1), 8 x 11" map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted, The Planning Division and Engineering Division will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. The administrative decision or public hearing will typically occur approximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10, to 20 day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard C C�UNCr' . 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 Mat 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 Mat 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 (6) months following this pre - application conference, unless the additional conference(s) is deemed as unnecessary by the Planning Division. PREPARED BY: k/7 }LXEA CITY OF TIGARD PLANNING DIVISION PRONE [503) 639-4171 MX: [503) 6847297 h: Vogin\patty\preapp -r.mst _ (Engineering section: preapp eng) 26- Mar -97 CITY OF TMARD Pre- Aiwfcadon conference Notes Page 11 dill sssltissnsl Antlesnss/Plsuds IMstn Suds' • • i tifr, loc 0''7 A � 11� (LT !�,�-"I1�II I W Ci of>Tiard` 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: (X) 'VJ 9 �� to feet from centerline. ( '() SV -J C to `- 44 feet from centerline. ( ) to feet from centerline. Street improvements: (1() ( I L street improvements will be necessary along - I 1 AV ('() street improvements will be necessary along CV ■I c-T. (r.) Street improvements on �l1 A shall include ZZ feet of pavement from centerline, plus the installation of curb and gutters, storm sewers, underground placement of utility wires (a fee may be collected if determined appropriate by the Engineering Department), a five -foot wide sidewalk (sidewalks may be required to be wider on arterials or major collector UST A 1'LA 51 aN ?' To ADD Slt s _ _ X1.0 CITY OF TIGARD Pre - Application Conference Notes Page 1 of 5 Engineering Department Section streets, or in the CI Business District), necessary still/ signs and traffic control devices, streetlights, and a two year streetlighting fee. ( Street improvements on} -�45.5 shall include 2 27 feet of pavement from centerline, plus the installation of curb and gutters, storm sewers, underground placement of utility wires (a fee may be collected if determined appropriate by the Engineering Department), a five -foot wide sidewalk (sidewalks may be required to be wider on arterials or major collector streets, or in the Central Business District), necessary street signs and traffic control devices, streetlights, and a two year streetlighting fee. () 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. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in -lieu is proposed, it is equal to $ 27.50 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW ° v . Prior to II (F , the applicant shall either place these utilities underground, or pay the fee in -lieu described above. In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non - remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district. The following street improvements may be eligible for such an agreement: (1.) %I 914 ( Fuc-c- M Cm zzoc STa�DA2�) (2.) Pedestrianways /bikeways: Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) inch line which is located in. A ,;1 _;r . /4/ • b -� Sfl& - . The proposed development must be connected to a public sanitary sewer. It is he developer's responsibility to k&-tc_ ib Lvt Pr Pw0) Lers CITY OF TIGARD Pre - Application Conference Notes Page 2 of 5 Engineering Department Section Water Supply: • • A Derr. (iqd& The `TE?A2.1) Water 13Mtftt - Phone:(503) (q 9 - 4171 provides public water service in the area of this site. The District should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, (503) 526 -2469) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. Storm Sewer Improvements: All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a subbasin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. A downstream analysis will also likely be necessary to determine if runoff from the proposed development will cause adverse impacts to the existing storm system downstream of the site. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. STORM WATER QUALITY The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 91-47, as amended by R &O 91 -75) which requires the construction of on -site water quality facilities. The facilities shall be designed to remove CITY OF TIGARD Pre-Application Conference Notes Page 3 of 5 Engineering Department Section 65 percent of the phosphs contained in 100 percent of th•orm 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. It is anticipated that this project will require: (✓i Construction of an on -site water quality facility. ( ) Payment of the fee in -lieu. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county -wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. PERMITS Engineering Department Permits: Any work within a public right -of -way in the City of Tigard requires a permit from the Engineering Department. There are two types of permits issued by Engineering, as follows: Street Opening Permit (SOP). This permit covers relatively minor work in a public right -of -way or easement, such as sidewalk and driveway installation or repair, and service connections to main utility lines. This work may involve open trench work within the street. The permittee must submit a plan of the proposed work for review and approval. The cost of this type of permit is calculated as 4% of the cost of the work and is payable prior to issuance of the permit. In addition, the permittee will be required to post a bond or similar financial security for the work. Compliance Agreement (CAP). This permit covers more extensive work such as main utility line extensions, street improvements, etc. In subdivisions, this type of permit also covers all grading and private utility work. Plans prepared by a registered professional engineer must be submitted for review and approval. The cost of this permit is also calculated as 4% of the cost of the improvements, based on the design engineer's estimate, and is payable prior to issuance of the approved plan. The permittee will also be required to post a performance bond, or other such suitable security, and execute a Developer /Engineer Agreement which will obligate the design engineer to perform the primary inspection of the public improvement construction work. Prior to City acceptance of any permitted work, and prior to release of work assurance bond(s), the work shall be deemed complete and satisfactory by the City in writing. The permittee is responsible for the work until such time written City acceptance of the work is posted. CITY OF TIGARD Pre - Application Conference Notes Page 4 of 5 Engineering Department Section • NOTE: If an Engineering Permit is required, the applicant must obtain that permit prior to release of any permits from the Building Department. Building Department Permits: The following is a brief overview of the type of permits issued by the Building Department. For a more detailed explanation of these permits, contact the Development Services Counter at 639 -4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi - family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on -site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi - family buildings. It covers all work necessary for building construction, including sub - trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20 %, as well as lots that have natural slopes in excess of 20 %. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. PREPARED BY: V ( 2 417 ENGINEERING DEI°ARTME Phone: (503) 639 -4171 Fax: (503) 684 -7297 h:Uogin\patty\preapp. eng (Master section: preapp - r.mst) December 23, 1996 CITY OF TIGARD Pre - Application Conference Notes Page 5 of 5 Engineering Department Section • CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT 4 APPLICATION CHECKLIST CRY OF TIGARD The items on the checklist below are required for the succesful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be returned and submitted with all other applicable materials at the time you submit your land use application. See your application for further explanation of these items or call the City of Tigard Planning Division at (503) 639 -4171. Staff: (n/L Date: 0 /Z -/ fr4 7 I APPLICATION & RELATED DOCUMENT(S) SUBMITTAL REQUIREMENTS INCLUDE MARKED ITEMS A) Application form (1 copy) 13" B) Owner's signature/written authorization G- C) Title transfer instrument/or grant deed t3' D) Applicant's statement No. of Copies Z E) Filing Fee $ F FEE ! -}_€t OC - I SITE - SPECIFIC MAP(S)/PLAN(S) SUBMITTAL REQUIREMENTS INCLUDE / MARKED ITEMS I( A) Site Information showing: No. of Copies 2,4 1. Vicinity map 2. Site size & dimensions 3. Contour lines (2 ft at 0 -10% or 5 ft for grades > 10 %) er 4. Drainage patterns, courses, and ponds 5. Locations of natural hazard areas including: ❑ (a) Floodplain areas ❑ (b) Slopes in excess of 25% ❑ (c) Unstable ground ❑ (d) Areas with high seasonal water table ❑ (e) Areas with severe soil erosion potential ❑ (f) Areas having severely weak foundation soils ❑ 6. Location of resource areas as shown on the Comprehensive Map Inventory including: ❑ (a) Wildlife habitats ❑ (b) Wetlands ❑ 7. Other site features: (a) Rock outcroppings ❑ (b) Trees with 6" + caliper measured 4 feet from ground level r�! 8. Location of existing structures and their uses 9. Location and type of on and off-site noise sources ❑ 10. Location of existing utilities and easements 11. Location of existing dedicated right -of -ways LANO USE APPLICATION / LIST PAGE 1 OF 5 6) Site Develo • me t Pia tndicatin _ : go. of Copies 1. The propos: • site and surrounding properties o 2. Contour lin _ intervals o 3. The location, dimensions and names of all: (a) Existing . platted streets & other public ways and easemen . on the site and on adjoining properties ❑ (b) Proposed ,treets or other public ways & easements on the site o (c) Alternative outes of dead end or proposed streets that require uture extension o 4. The location and •'mension of: (a) Entrances an. exits on the site o (b) Parking and ci culation areas o (c) Loading and se ices area ❑ (d) Pedestrian and • icycle circulation ❑ (e) Outdoor commo areas o • (f) Above ground uti 'ties o 5. The location, dimension & setback distances of all: (a) Existing permanent tructures, improvements, utilities, and easements which ar: located on the site and on adjacent property within 25 fet of the site 0 (b) Proposed structures, i provements, utilities and easements on the site ❑ 6. Storm drainage facilities and analysis of downstream conditions ❑ 7. Sanitary sewer facilities ❑ 8. The location areas to be lands aped ❑ 9. The location and type of outdo • r lighting considering crime prevention techniques ❑ 10. The location of mailboxes ❑ 11. The location of all structures and heir orientation ❑ 12. Existing or proposed sewer reimb sement agreements o C) Grading Plan Indicating: No. of Copies ZL( The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1. The location and extent to which grading will take place indicating: (a) General contour lines (b) Slope ratios ❑ (c) Soil stabilization proposal(s) ❑ (d) Approximate time of year for the proposed site development 0 2. A statement from a registered engineer supported by data factual substantiating: (a) Subsurface exploration and geotechnical engineering report ❑ (b) The validity of sanitary sewer and storm drainage service proposals 0' (c) That all problems will be mitigated and how they will be mitigated o' LANG USE APPLICATION / LIST PAGE 2 OF 5 D) Architectural Dr wie Indicating: so. of Copies - The site developm nt Ian proposal shall include: 1. Floor plans indi ting the square footage of all structures proposed for use n -site 2. Typical elevation d wings of each structure E) Landscape Plan Indicating: No. of Copies 2.4 The landscape plan shall be drawn at the same scale of the site analysis plan or a larger scale if necessary and shall indicate: 1. Description of the irrigation system where applicable o 2. Location and height of fences, buffers and screenings a 3. Location of terraces, decks, shelters, play areas, and common open spaces 0 4. Location, type, size and species of existing and proposed plant materials 5. Landscape narrative which also addresses: (a) Soil conditions ❑ (b) Erosion control measures that will be used 0 F) Sign Drawings: o Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of the Site Development Review or prior to obtaining a Building Permit to construct a sign. G) Traffic Generation Estimate: H) Prelimina Pa ition /Lot Line Ad'ustment Ma. Indicatin_: No. of Copies 1. The owner .f the subject parcel ❑ 2. The owner' authorized agent ❑ 3. The map sca - (20,50,100 or 200 feet -1) inch north arrow and date ❑ 4. Description o parcel location and boundaries o 5. Location, widt' and names of streets, easements and other public ways within an adjacent to the parcel ❑ 6. Location of all • -rmanent buildings on and within 25 feet of all property lines ❑ 7. Location and wid of all water courses o 8. Location of any tr--s within 6" or greater caliper at 4 feet above g round level ❑ 9. All slopes greater th : n 25% ❑ 10. Location of existing tilities and utility easements. ❑ 11. For major land partiti•n which creates a public street: (a) The proposed ri t-of -way location and width ❑ (b) A scaled cross -see ion of the proposed street plus any reserve strip ❑ 12. Any applicable deed re- rictions ❑ 13. Evidence that land partit .n will not preclude efficient future land division where applicabl- o LAND USE APPLICATION J UST PAGE 3 OF 3 I) Subdivision PreIimi. Plat Mao and Data Indicating: /No. of Copies ZL-(, 1. Scale equaling 30,50,100 or 200 feet to the inch and limited to one phase per sheet 2. The proposed name of the subdivision er‘ 3. Vicinity map showing property's relationship to arterial and collector streets Er 4. _ Names, addresses and telephone numbers of the owner, developer, engineer, surveyer and designer (as applicable) r� 5. Date of application re 6. Boundary lines of tract to be subdivided E" 7. Names of adjacent subdivision or names of recorded owners of adjoining parcels of un- subdivided land ¢( 8. Contour lines related to a City- established benchmark at 2 -foot intervals for 0-10% grades greater than 10% 9. The purpose, location, type and size of all the following (within and adjacent to the proposed subdivision): (a) Public and private right -of -ways and easements ta (b) Public and private sanitary and storm sewer lines raj (c) Domestic water mains including fire hydrants _ (d) Major power telephone transmission lines (50,000 volts or greater) ❑ (e) Watercourses ❑ (f) Deed reservations for parks, open spaces, pathways and other land encumbrances 10. Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans 2" 11. Plan of the proposed water distribution system, showing pipe sizes and the location of valves and fire hydrants Er 12. - Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision 13. Scaled cross sections of proposed street right -of- way(s) 14. The location of all areas subject to inundation or storm water overflow E' 15. Location, width & direction of flow of all water courses & drainage -ways 16. The proposed lot configurations, approximate lot dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots. 17. The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level,.and the location of proposed tree plantings Et 18. The existing uses of the property, including the location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting ram 19. Supplemental information including: (a) Proposed deed restrictions (if any) E� (b) Proof of property ownership E' (c) A proposed plan for provision of subdivision improvements 20. Existing natural features including rock outcroppings, wetlands & marsh areas QBK 21. If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application LAND USE APPLICATION / UST PAGE 4 OF 5 • • J) Solar Access Calculations: K) Other Information No. of Copies 0 h:'logi nlpatty\mastersV -dd ist.mst may 23, 1995 LAND USE APPLICATION I UST PACE 5 OF 5 V _ - I r STROCNRE _ _ _ ( • , S 88 E 1 81 -4 Z PRELIMINARY PLAT - - - ,1.4 - 14763 - • — • As' I -- - - - EASEMENT PER FEE NO 81 -40723 V�' $ 68 ' 4 7 04 E Al 30 s 01190. w - - sass - - 5 ti TAX LOTS 105, 8903, AND 115, MAP 25 1 11BA NI 9 6.34' SCALE 1" =40' i LOT i Lor s LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, 03/21/97 7500 5F .00 SF lo ' N • TOWNSHIP 2 SOUTH, RAr GE 1 WEST. WILLAMETTE MERIDIAN J06 N0. LAUTTENG O o , ir, 0 a < CITY OF TIGARD, 'J :.SHINGTON COUNTY, OREGON LOT 3 GP' \ 8478 SF 0 14k m L O S S 0 55625) P RON R LAUTT O WNER ii 78 73 G�`' 6'� •`� " Sfl L o � o , • _ w I 14100 S.W. 97TH AVE. w ' :5j5 TIGARD, OREGON 97224 " S5 - S. W. ELROSE STREET - ( v I �, --,,,,,,...<t: 3 I /� , ! f _ �J� 5 _ 30.00' 120.73 17 3.84. /, \ _ '/ E (1111.1111111 Ra 00 , CD , R :z3. I� I 3 ELROSE COURT s , , :•'57 E 51.28 za o \ - x 0/20'5/4/6 ro do A— F 2 DT • exisrc 1 41 4 • • 6- 0► v/510A c .,, i ), e LOT 8 LOT 7 LOT 6 90°k 11 7965 SF I SF • 615 SF _ 1 1414 / e\- ov s'a • 1 • .............. ... . . . . une • • SMTWT F S • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Tuesday, June 24 1997 8:00 8:30 -••••••••••----"•-••••••-••.- 9:00 SLthdwJsion • ••••••••••••••••• 9:30 10:00 10:30 11:00 11:30 12:00 12:30 1:00 1:30 2:00 2:30 3:00 3:30 4:00 4:30 5:00 5:30 6:00 10:23AM Friday, June 13, 1997 0\ • ' ' D 82-30557 I 6101 " r. / ti 1 ' 6100 6300 6400 6500 .66.. 103 V' k 0 I / I r nz 1 ( r � T J / .62Ac. r. r. w;- sa.eo o 3 4 a s 5 re m 2t � X 6200 • 2 / , . 746 �� 2 r�� T A1 .1 N ' �' II. : 1 ,"` s� 2 0 !� ° � 88°46'pnE (se9ese'oYw 20002) so Ili a t N 105 ∎ • s2oo.o21 Ile „..39 AC. o Ig 38 (4 'O7 "w 9050 105 e ∎ 43 ER g to 30 ��w�‘.r,.`` �a a •2 /AC. ' 136.68 8`oZ1100L-4,tt-1611, a – 100 --, .47Ac. • 1 o 154.53 89 00 0 ( o • 974C. N 1 � � L .6 �A� � I'� et 0 A\ or .•� ° (C.S. 26,215) 1 c N 6 A0 j v D % i _ f 0 1 : 9000 A l t 0 0 . .2 /AC. 2 / 1 0 1 ! S 89° 57� 13"W . • 64 145.20 1 / 283.25 64.80 2� • ,10 209.97 h _- --- --- --- (493.10) --- — MOM 144.98 , 113 87 8600 0 • c .82Ac. v. a In 2 r 4 m o f / ( 100 3 lar.02AC. _ ___. 349.32 go L C' — — � r. a es'�_ 8 o i g. 107 0! ° " ' 1.59Ac. (C.S. 26,165) 3 O. _12 Q m i / a ° _ (C.S. !0204) _ ,,?� / Chapter 18.790 TREE REMOVAL Sections: 18.790.010 Purpose 18.790.020 Definitions 18.790.030 Tree Plan Requirement 18.790.040 Incentives for Tree Retention 18.790.050 Permit Applicability 18.790.060 Illegal Tree Removal 18.790.010 Purpose A. Value of trees. After years of both natural growth and planting by residents, the City now benefits from a large number of trees. These trees of varied types add to the aesthetic beauty of the community, help clean the air, help control erosion, maintain water quality and provide noise barriers. B. Purposes. The purposes of this chapter are to: 1. Encourage the preservation, planting and replacement of trees in the City; 2. Regulate the removal of trees on sensitive lands in the City to eliminate unnecessary removal of • trees; 3. Provide for a tree plan for developing properties; 4. Protect sensitive lands from erosion; 5. Protect water quality; 6. Provide incentives for tree retention and protection; and 7. Regulate commercial forestry to control the removal of trees in an urban environment. C. Recognize need for exceptions. The City recognizes that, notwithstanding these purposes, at the time of development it may be necessary to remove certain trees in order to accommodate structures, streets utilities, and other needed or required improvements within the development. 18.790.020 Definitions A. Definitions. The following definitions apply to regulations governing the preservation and removal of trees contained in this chapter exclusively: 1. "Canopy cover" means the area above ground which is covered by the trunk and branches of the tree; 2. "Commercial forestry" means the removal of ten or more trees per acre per calendar year for sale. Tree removal undertaken by means of an approved tree removal plan under Section 18.790.030 is not considered commercial forestry under this definition; Tree Removal 18.790 -1 SE Update: 01/00 3. "Hazardous tree" means a tree which by reason of disease, infestation, age, or other condition presents a known and immediate hazard to persons or to public or private property; 4. "Pruning" means the cutting or trimming of a tree in a manner which is consistent with recognized tree maintenance practices; 5. "Removal" means the cutting or removing of 50 percent (50 %) or more of a crown, trunk or root system of a tree, or any action which results in the loss of aesthetic or physiological viability or causes the tree to fall or be in immediate danger of falling. "Removal" shall not include pruning; 6. "Tree" means a standing woody plant, or group of such, having a trunk which is six inches or more in caliper size when measured four feet from ground level; 7. "Sensitive lands" means those lands described at Chapter 18.775 of the title. B. General rule. Except where the context clearly indicates otherwise, words in the present tense shall include the future and words in the singular shall include the plural. 18.790.030 Tree Plan Requirement A. Tree plan required. A tree plan 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, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. B. Plan requirements. The tree plan shall include the following: 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; 2. 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 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation program in accordance with Section 18.790.060D of no net loss of trees; b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two - thirds of the trees to be removed be" mitigated in accordance with Section 18.790.060D; c. Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated in accordance with Section 18.790.060D; d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation. 3. Identification of all trees which are proposed to be removed; 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. Tree Removal 18.790 -2 SE Update: 01/00 C. Subsequent tree removal. Trees removed within the period of one 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 18.790.060D. 18.790.040 Incentives for Tree Retention A. Incentives. To assist in the preservation and retention of existing trees, the Director may apply one or more of the following incentives as part of development review approval and the provisions of a tree plan according to Section 18.790.030: 1. Density bonus. For each 2% of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan, a 1% bonus may be applied to density computations of Chapter 18.715. No more than a 20% bonus may be granted for any one development. The percentage density bonus shall be applied to the number of dwelling units allowed in the underlying zone; 2. Lot size averaging. To retain existing trees over 12 inches in caliper in the development plan for • any land division under Chapter 18.400, lot size may be averaged to allow lots less than the minimum lot size allowed by the underlying zone as long as the average lot area for all lots and private open space is not Tess than that allowed by the underlying zone. No lot area shall be less than 80% of the minimum lot size allowed in the zone; 3. Lot width and depth. To retain existing trees over 12 inches in caliper in the development plan for any land division under Chapter 18.400, lot width and lot depth may be reduced up to 20% of that required by the underlying zone; 4. Commercial /industriaVcivic use parking. For each 2% of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan for commercial, industrial or civic uses listed in Section 18.765.080, Minimum and Maximum Off - Street Parking Requirements, a 1% reduction in the amount of required parking may be granted. No more than a 20% reduction in the required amount of parking may be granted for any one development; 5. Commercial /industriaVcivic use landscaping. For each 2% of canopy cover provided by existing trees over 12 inches in caliper that are preserved and incorporated into a development plan, a 1% reduction in the required amount of landscaping may be granted. No more than 20% of the required amount of landscaping may be reduced for any one development. B. Subsequent removal of a tree. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan, in accordance with Section 18.790.030, or as a condition of approval for a conditional use, 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 affected 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. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. C. Site development modifications granted as incentives. A modification to development requirements granted under this section shall not conflict with any other restriction on the use of the property, including but not limited to easements and conditions of development approval. Tree Removal 18.790 -3 SE Update: 01/00 D. Design modifications of public improvements. The City Engineer may adjust design specifications of public improvements to accommodate tree retention where possible and where it would not interfere with safety or increase maintenance costs. • 18.790.050 Permit Applicability A. Removal permit required. Tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.775. The permit for removal of a tree shall be processed as a Type I procedure, as governed by Section 18.390.030, using the following approval criteria: 1. Removal of the tree must not have a measurable negative impact on erosion, soil stability, flow of surface waters or water quality as evidenced by an erosion control plan which precludes: a. Deposits of mud, dirt, sediment or similar material exceeding. 1/2 cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion; b. Evidence of concentrated flows of water over bare soils; turbid or sediment -laden flows; or evidence of on -site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on site using the techniques of Chapter 5 of the Washington County Unified Sewerage Agency Environmental Protection and Erosion Control rules. 2. Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or wetland, tree removal must maintain no less than a 75% canopy cover or no less than the existing canopy cover if the existing canopy cover is less than 75 %. B. Effective date of permit. A tree removal permit shall be effective for one and one -half years from the date of approval. C. Extension. Upon written request by the applicant prior to the expiration of the existing permit, a tree removal permit shall be extended for a period of up to one year if the Director finds that the applicant is in compliance with all prior conditions of permit approval and that no material facts stated in the original application have changed. D. Removal permit not required. A tree removal permit shall not be required for the removal of a tree which: 1. Obstructs visual clearance as defined in Chapter 18.795 of the title; 2. Is a hazardous tree; 3. Is a nuisance affecting public safety as defined in Chapter 7.40 of the Municipal Code; 4. Is used for Christmas tree production, or land registered with the Washington County Assessor's office as tax- deferred tree farm or small woodlands, but does not stand on sensitive lands. E. Prohibition of commercial forestry. Commercial forestry as defined by Section 18.790.020 A2., excluding B.4 above, is not permitted. Tree Removal 18.790 -4 SE Update: 01/00 • 18.790.060 Illegal Tree Removal A. Violations. The following constitute a violation of this chapter: 1. Removal of a tree: a. Without a valid tree removal permit; or b. In noncompliance with any condition of approval of a tree removal permit; or c. In noncompliance with any condition of any City permit or development approval; or d. In noncompliance with any other section of this title. 2. Breach of a condition of any City permit or development approval, which results in damage to a tree or its root system. B. Remedies. If the Director has reason to believe that a violation of this chapter has occurred, then he or she may do any or all of the following: 1. Require the owner of the land on which the tree was located to submit sufficient documentation, which may include a written statement from a qualified arborist or forester, showing that removal of the tree was permitted by this chapter; 2. Pursuant to Section 18.390.050., initiate a hearing on revocation of the tree removal permit and/or any other permit or approval for which this chapter was an approval standard; 3. Issue a stop order pursuant to Section 18.220 of this title; 4. Issue a citation pursuant to Chapter 1.16 of the Municipal Code; 5. Take any other action allowed by law. C. Fines. Notwithstanding any other provision of this title, any party found to be in violation of this chapter pursuant to Section 1.16 of the Municipal Code shall be subject to a civil penalty of up to $500 and shall be required to remedy any damage caused by the violation. Such remediation shall include, but not be limited to, the following: 1. Replacement of unlawfully removed or damaged trees in accordance with Section D below; and 2. Payment of an additional civil penalty representing the estimated value of any unlawfully removed or damaged tree, as determined using the most current International Society of Arboriculture's Guide for Plant Appraisal. D. Guidelines for replacement. Replacement of a tree shall take place according to the following guidelines: 1. A replacement tree shall be a substantially similar species taking into consideration site characteristics; 2. If a replacement tree of the species of the tree removed or damaged is not reasonably available, the Director may allow replacement with a different species of equivalent natural resource value; Tree Removal 18.790 -5 SE Update: 01/00 • 3. 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 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; 4. The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. E. In lieu -of payment. In lieu of tree replacement under Section D above, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement. • F. Exclusivity. The remedies set out in this section shall not be exclusive.■ • • Tree Removal 18.790 -6 SE Update: 01/00 OTATE OF OREGON • } SS t,ounty of Washington I, Jeny,;�� • � of Assess - ment : ands a� s� .•o County AFTER RECORDING RETURN TO � i Clerk for _ i s .' � . rtify that the wit C ti a eceived and re = •f said county . ± z1 City of Tigard �r ; \ ',a „ * City Records Division V . < # � 13125 SW Hall Blvd s / Director of Tigard, OR 97223 IN *u i g * a • axation Ex- 1 ° 57 . Jerk 5a �$ - 00(.1 5 Doc 2001008511 Rect: 271685 32.00 02/01/2001 04:05:39pm RELINQUISHMENT OF EASEMENT The CITY OF TIGARD, OREGON, a municipal corporation duly organized and existing under the laws of the State of Oregon, hereinafter called CITY, hereby releases any and all interest in a portion of a sanitary sewer easement, situated in Washington County, Oregon, conveyed to CITY by Document # 81040724, Washington County, Oregon. CITY no longer has a need for a portion of the easement described above, said portion is described in Exhibit "A ", attached hereto and incorporated herein by this reference. _ , Dated this 31 day of -1 .a-- - - ) c) . ' ( / . 2001. • CITY OF TIGARD, OREGON (� B � � .� 1° City Engineer STATE OF OREGON ) County of Washington ) On Fetliit( a r / , 2001, Agustin P. Duenas personally appeared before me, who, being duly sworn, did sAy that he is the City Engineer of the City of Tigard, Oregon, and that said instrument was signed on behalf of said City by authority of its Council; and he acknowledged said instrument to be the City voluntary act and deed. &e(1/1U / �.�'';- OFFICIAL SEAL NOTARY PUBLI F OREGON 4e,� ):: DIANE M JELDERKS `'• :9 NOTARY PUBUC.OREGON COMMISSION NO. 326578 My Commission Expires: 4 V7, MY COMMISSION EXPIRES SEPT. 07, 2003 document: I �� EXHIBIT A October 19, 2000 Prepared by: BURTON ENGR. ASSOC. 12319 NE GLISAN STREET PORTLAND, OREGON 97230 PH: (503) 251 -2947 EASEMENT RELEASE OVER LOT 8, " LAUTT'S TERRACE" LEGAL DESCRIPTION A tract of and in the Northwest quarter of Section 11, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, being a portion of Lot 8 of the duly recorded plat of LAUTT'S TERRACE, more particularly described as follows: Beginning at the Southeast corner of Lot 8 of the duly recorded plat of LAUTT'S TERRACE; thence North 02 °06'51" West along the East line of said Lot 8 a distance of 14.01 feet to a point on the South line of that certain 20 foot wide sewer easement described in Document No. 81040724, Washington County Deed Records; thence South 89 °57'13" West along the South line of said easement a distance of 122.21 feet to a point on the West line of said Lot 8; thence North 01 °19'00" East along the West line of said Lot 8 a distance of 20.00 feet to a point on the North line of the above - referenced sewer easement; thence North 89 °57'13" East along the North line of said sewer easement a distance of 121.13 feet to a point on the East line of said Lot 8; thence South 02 °06'51" East along the East line of said Lot 8 a distance of 20.01 feet to the above - referenced point of beginning. Containing 2,433 square feet. • • - - - - - - - - "BURTON LS 590 t .A "' - -- v0 n & ASOC. 1 HELD E-W - o.11's vo iv_ 1 n 2 S 88'4704" E 0.11 W . - -- - - _ 82.83 127.30 o R1 - 1..555 2.05' - • : - 0 ,- . . co 2 1 30 ' 20' WIDE SEWER EASEMENT t LO O PER DOC. N0. 81 -40723 .- 26.57' l o DER r • Z c° R EMp N 28 S n LOT 2 R1 N 89'57'13 127.34' 109 Z 8,808 sq. 16 0 17.48 , � R 1 i R .1-. a+ 1 1924' 1 S 89 "W 87.50' L 1 w 10.51' • i � E ' 7 ,504 sq.ft. PRIVATE STORM ,w DRAINAGE EASEMENT E f BRASS SCREW • Q ^ BENEFITS LOT 1 b n BASHER MARI:ED A el se / t; 1 z "BURTON ENG." 1 "I- C3 _. - __ _ 2 7,662 sq.ft. / 5.73 `' 4775: t � ? y 8 • PUBLIC UTILITY EASEMENT / i CN E r ' .0 [• • I i , • STREET ■ 88'41' � ." E L. 16 8? • ' 1 • • :0 :. • .. : 7 3.84 1. a 20.73'' • w y ,, _ 7 ?. 7, -- - In [ x - i R•. 0 .00' SA s • ,�. N 1 p .7.• 7 s C2 L•• a 1 :- Leg 13:6p' c r '� -- - - e�oe \ S C18 - cue `-' 12 4.or - ---$ Z 4 LOT 8 \ � X73. c1 " ■ 1 - L 7,952. eq. ft. 14.48 - �.78, C14 -- •18.73 S 89'57 " ' W - - - -/771 i-- - _ -- • ` 30.00' . I.: :V/ • � T N SEWER - Ti .16' 14.01' Z E ENT PERI INITIAL POINT 1 T - T DOC. N0. 81040723 /DW/YPC MARKED r Rl S • 1 23.18 Rl 'us F.; *BURT0j�1 ENS" . 3 1;.:1.013', S 20' SEWER EASE ir1 � T PER LOT 7 I = AT N0. 1994 019 DOCUMENT No. 816 1 724 1 W Z , - FEE NO. 9 - 069308 T ' 7,507 sq. ft. H 1` :V IZ? ER s 0 �'I • S T( REM 2 $ Z 7.50' --, r a , \,0 N 01' 19'00 "E N 8937'13 "E r-7 5 (1. - 4 ' 5. S 8937 • 123.16 • • 74.04' .. • z R1 S 81 5/8" IRON ROD E NO. 96 -22439 CURVE DA W/YPC MARKED I CURVE 1 DELTA 1 RADIUS 1 LENG l 'DT. BURTON LS 48" 1 C1 21; V :1 ' " 200:00' 73.f S N 26165 '�djc'" 3 15:60 124.( 1/2" IRON:-PIPE. IN P \ N 0 � C2 �" 15po 23.E M 8 C3 ci a, • 1.�, { , MONUMENT 80X - HELD FOR RE Z �\�.\ -E c4 i.� ��. �" . 221.00 84.: CENTS tJ E AND S.W. COR. ,� �5 C5 1 , f r'" 221:00' 16.f " 7CA' MLLE HEIGHTS" V O C6 • :�,, 4 • � ` i8°4:do' 6•- LOT 28, c7 a .�,�: y" 294:60' 72. • ' +' g. • 18:00 25. 36" RR� ON ' .t! ? ?'1 44:x 32.' _._3 Rilki4 • "lb a h 66, • • ',', :!; ? ,t :y.t..:'.`: '. e i3} °` 19.1 • VW 4.1.1.9 ..5 if ., CITY OF TI GARD December 14, 2000 OREGON Newcastle Homes Attn: Jay Miller P.O. Box 230459 Tigard, OR 97281 Dear Mr. Miller: This letter is in regard to your applications for the tree removal permits (TRE2000- 00003). A tree removal permit is only for trees within sensitive areas. The trees you are concerned with are not in a sensitive area. Therefore, all that is needed to remove trees that are part of a deed restriction is the report prepared by a certified arborist, which you have already provided me with. I am available to answer questions and otherwise assist you as may be required at 503 - 639 -4171, extension 317. Office hours are from 8:00 a.m. to 4:00 p.m., Monday through Friday. If I am not available, please leave your name and phone number so that I can call you back as soon as possible. Sincerely, M th " c eidegger Assistant Planner I: \curpin\mathew\Jay Miller.doc c: SUB1998 -00005 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 114' PLOT PLnN 6 .1 v'f iG� , \1' nlllJEIt IRIII.I hil it,(... Ir / li(IX 1311 =I S'1'1'IGnIIII Ott 77141 .d.� 0 �� - sqs • 1.11: 1.7543I'AX: 684 -(1071 µ ?U,ifQ Lol 7 Subdivision LAUT T TERRACE / . N • Address 9540 SW E L ROSE S T' TIGARD scat 1 8" = 1' Notes: Do ['spools irl clawlspaco Oak' to sheet. Sklowoths acid dilvoway apIsoad'to dly code. Ov s. 10 (,. ` o (I n 74. \ Save Y �� 1 Sid'` • . , j \\ N, J f l �� al 1 i s cra.■ n '.,C-6 \ cxe la o Q(.v - 3 D \ \ \ 1u • .- l I _.--- / ❑ „ P p er F1I . 1 f 1, Sc�LI - ° v r ~TS 1 4 1 5 —1 + 106.67 96.53 12,' ❑ SO I I I ' 1 ' 7, 1 I 1 : .: ssi ❑ I0 . I 1-1111 FL f I 1 . ❑/\ " 1 I ___ ! lir Is \ .1 1 • 9 ,., y e mama — �--- --- W I �� qv," * At: "DO l . '\--./ ,rosl6■ I t' I I Pr��'e :-.1"., ,,, ) r. ...1 ._:....:: V". - —. .-.— — . — _ 7 ..., ad I a.5 -6 " \ � x J o ' \ \ Se we' . . 2 ner.in1 _ \ . �.._ _ _ - ---- -- 73.82 ` • c1 5 1('P we 1 •r • SW ELROSE ST • FROM : RICHS•TREE SERVICE FAX NO. : 503 665 8730 4I". 22 2000 05: 17PM P2 ‘1,EE S .b cep' • a r r I I A EE Sit \\ • November 22, 2000 Rod Kerkering • PO Box 230459 • Tigard OR 97281 . To Whom It May Concern: Upon investigation into the health of the frets located on Lots # 6 & 7. S.W. Elrose St., Tigard. 1 arrived . to these conclusions (reference the attached key): ® This Plum has severe decay problems. Due to the extent of this condition there is no practical • application for bracing. Therefore, the tree is hazardous and should be removed. #3,4,5) A plant pathology report on then: trees c d with Armillaria that they are infected root rot . • and Phytopthora root rot. Physiological decline due to the latter is visible in a stand of Port Orford cedars adjacent to tree 5. Unfortunately, there is no effective cure for Armillaria. and minimal success in treating Phytopthora• i!though much success in preventing it. Knowing this, my recommendation is to remove these trees. stumps and as much of the root systems as possible • • from the site. Any replanting should be done with species tolerant of these pathogens. Note: Tree #45 a Coastal redwood. This is a hi °„ hly desirable and valuable species. Concessions should be made to preserve this tree d minimize impact during construction. I would be 'nappy to consult free of charge. 70 t?vr.Ct,./\ If you have a.n r'que."swsi. ei free a call me 4 3:2 . Than you, / • " lesse.R.•e os . General Foreman ISA Certified Arborist • • . JdLd • • • P0_ Box 308, Fairview, Oregon 97024, 503/465 -2133, Fax 503/665-8130, CCB #105165 • • FROM RICHS TREE SERVICE • FAX N0. : 503 665 830 OIo`. 22 2000 05 :18PM _ NOV -16 -00 TNV 11 :sil _ K A ,.FLIY�PI n • -. ..v. / ' Agricultural, Hllrtfcultuzal. A k Turf I'tdu9trers R} (Kant Lab, Inc. Consultants m 1+1 tIou Beach Drive Spt alai+ w plant Disease biastrotr7 a��w.ribeiroF''anttab. I aint NE a Island. MOM & Fax 4424157 e-rtuil funps3ar�'S'Ot.aoa' `" " Baia+lnLdbe Island. VY�► g8�10 PLANT PATHOLOGY: LABORATORY REPORT Report ti_ R2173 Date: November 16, 2000 Client Rich's Tree Service. Attn: Jess PO Box 308, Fairview. OR 97(124 Your Ref.: 21184, Kerlans'o6 Plate spp.: Pseudot : • ete ttltsii -- _ -- _ Materiat ana r _ Soil e Roots a Tissue -! Other: _ - -- • s # l Y elerence Phytepbltwra PAM* TissuesIRflod -- 1M ------ (Propegula Por grain ledi) El. A Needles: Mite esesldanege s1I89 l u f S of sod sample tested: Pol nxnbem 041"Inod ,ba7 ; p14i luaus. � kw n�ba oiOroDsL�les dt2ee P�g°1 isolated par trsrn ofpry per, high numbers of p•' 8ula eclamd• Prea'nem rY Report: sA carapicte report will be send after all plates presently incubating art ready to be tad in $ - days_ periods of tip err if D �°°� in the sal Plants cot pathogens are if t� stays acCaasiv�y )racist for porn or e to irtfocxioas try root stressed from any other fedora such as erects , four pathogens, etc. are more susscept susceptible l l es examined had y soo pathogens. Roots examined tad several feeder roots that were either dead or dying back Some larger ls typically caused by fungus ittti;ctrocts. Roots tested were infected with Phytophtitura and Armillasia. "healthy' trees 2,13 shrubs m help reveal itlfeetioce: of these Trensmeats m control P/Fj•�JP�cdfoona are advised. Tray all nearby �� Alse remove � ve,�etatiett around ire Dose of plays. More than we fungicide epp6catim may be necessary for complete materials to improve atictotual the tee out to at'heestt one-faot from the base of the tree tank Apply aged manure at composted An application of beneficial mycoctht 2l fungi can improve tree vigor and activity that Will be and w tbeae pathogens. or additional protectica from toot rotting pathogens_ _ . .:17".1451:7-''17, �; �� +rD the clams is tiler: 'There is no etfwtive chemical clue - x ;a:�."' = -motion m eoc�trd B--' ° the life of aft pi�=� N,akt ore that of a well - balanced marl (s boon repotted to prolong warm atotsn}tis scam roots and � fertilizers. etc. S � W�isg io plants are not stressed a - 8 - fsrin ava� drought, of fertili� mycelium to the air and Suniig� hdp6 reduce favors infections. Armillorta is sensitive to deslocattoa Thus, exposing ce iu t ea to use d d 3ur ticxt its a 6 red ! e it is not posstbte to expose eta of the soil under the pawn. Do not pvet- com tuts. trr is use slow t efeese ooattol. If8»'e is a lawn aura into vicinity of this tax, belt as is fra,iblc. with quick release fenilbers. Before replanting its dais atria. re =chef ch of the diseased root mite . Spider mita feed and reproduce h'e?n sprang to late fall when conditions aim oil spray now ra will help reduce Some recommended re mid tisk reiticides ioc1ude Iiortcasitural Os, A da are also favorable for plait growth. a for spider mites), Heaaga+. ate. 'esdex. soaps, Ciucatttibe, F��' and Triaet 7 (1. Other milldam are Avid (specific ice. Check so see w�trich of thou an !Uttar., 35W and M -Peck, 0dbedse, Tatter, Tempo 2 and several a v a i l a b l e f o r use in y r particular sib>anon- Rotate between insoctietdee to avoid insect resistance. - Olaf K. Ra Ph.D. C PPP �+ • - Certified Profssionat Pains Pethotogiat 1< mart Do not apply a pesticide an plant specie net toted on :,:t tamer. .4/wow mad and understand 121x1 dlrs+rtiont „ jts Liability Is limited to ,.'lets provided and 'aid jot. uenananat Soc�' Plant 0010 " hYernatics'ol Soc:rtty of Rrbancurnm - Member: American P l American Registry ofCerttfred Professionals inAgrono"y+. Crops & Sod FROM,: RICHS TREE SERVICE • FAX NO. : 503 665 8730 (Vv. 22 2000 05: 18PM P4 • i6eiro (PCant Lab, Inc. / Consultants to the Agricultural. liutlinultural, Arboruultural „r Turf Ind usrrles )744 NE Manuou Beach Drive Specializing in Plant Dtseasc Diagnosis atnbridge Island, WA 98110 Phone & Fax: 706-842 -1157 rmsil: fungispxt4.10 corn weneiieww ;.r :rontr:.;tas.e rr. PLANT PATHOLOGY: LABORATORY REPORT Report !t: R2173 .b-)AN . r Date: Ilovero f btr ZZ, 2000 l � //J l ;: Ti � :\ � Cent: Rich's Tr a Service, AtLm less ,43,1,. ` GGG Pp Box 308, Fairview, OR 97024 Your Ref.: 21189, Keritertag ,. Plant spp.: Pseudorsuga menziesit Wiz. Malarial aualvred: Soil Roots Tissue Other: ran Sample # Your Refhtencc PW'iOP�' _ � Tissues/Room ~�■ (P rCI P 6 F ileg P grani sod) --■■■•■■■' R2173 21189 — Kerkervtg : 30 (H) 400 (H) Roots: Phytephhara, ArmiRaria, Cylindrocarpon; I Needles: Mitt ego /damage roe ssag]. rested: (L w numbers, (1d1�'raodanre nua:bers; (efrnigh numtnrs. (Vl,�ray paw nuriber of pr"s of dst Parma isalaL - � a $ate (VW—very bigh numbers of propegules soloed. The soil sample malyzed had Phyrophtiara and Pythison at levels that can potentially cause a root rot problem particularly if soil stays excessively moist for periods of time, or if there is excess nitrogen its the soil. Manes stressed from any other factors such as insect infestations, foliar pathos etc. are more ssuccptlb1C to infections by root pathogens. Roots =Dined had several feeder roots that were either dead or dying back. Soria larger roots examined had lesions typically caused by loops infections. Roots tested were inflected with P.Pytophrhoia and Anni lls:ia Treatments to control PIywP'k thorn are advised. Treat all Eby "healthy trees ant shrubs to help prevent infections of these plants. Mora tI n or fungicide bon may be necessary' for complete coMol Also, remove all vegetation around the base of the trec out to at least one-foot from the base of the tree trunk. Apply aged 'narrate or composted materials to improve microbial activity tint will be antagonistic to these pathogens. An application of beneficial mycorthirai fungi can improver tree vigor and offer additional protection from mot rotting pathogens. Tie is no effective chemical cure - other than fumigation to control Basidionrycetes such as!lrmtiirrria. Keeping the and health by ap of a well-balaar cd fertilizer has been reported to prolong the life of affected p to good arc not s.g. from 0 v . t , & �' lack of 'estiliaers. etc. Sur ce wrtcr i n w ar months sure the: plants soften; as rears and favors ftmgua infections. �illa'ta is =skin to desiccation Thus, exposing the in wrm m mycelium to the air and sunlight helps reduce ineenlum. Unfortunately, it is it possible to expose enough of the soil under the driptine of tares to use desiccation as a means of ooutro.. If there is a 'Awn area in the vicinity of this tree, use slow rck ase nitrogen feelers on the awn. Do not over-fertilize lawn with quick release fertilizers. Before rep araYing in this arty remove as much of the diseased root ball as is feasible. Cylhtdrocurpon has beeaseported to cause root infections and strutting of trees and woody ornamentals. This pathogen is more severe when trees are already w:Aenod from Pkytophahora. Pythiu m and/or nematode ons_ Applications of mom phosphate have lxen reported to reduce the infections caused by this pathogen. 1ioo cv American Phytopatholospcat Sectary International Soda! pfPtant Pathologists — lnarrrrotiarci Society c j Arborirlltrar - AMertcan Registry of Certified PrafRrsienair inAgm erly, Crop et Soil 10'd li:I Z Zb8 90Z gl wd ;Q: ZO air: ea— zz —/AO ►• FROM RICKS TREE SERVICE • FAX NO. : 503 665 8730 •ov. 22 2000 05:19PM P5 :..• Cow to the Agricultural. Horticultural, Arboticultural & .1 urt Ix:dt tT 7 44 NE ar Lab, Inc. S sat in Plant Disease Diagnosis uwv.r.Miro ;i�i]sN •x� 741 NE Drtanit Beech Drove /-� Phone 3x Poi 2 -1157 a -m.ilt fungisPortgao .cam weboilp � p _ . __ inbaid Islandd. , WA 98110 -`- .:a .:.. 3173; page m. Spider orates feed and icyroduce from spring to late fall A dotarstst old spray row will hole reduce mils mode Horticultural ns are also favorable for plant groom Some recommended reduced risk sniticides spider mt ural an, can ticn and 'enact 70. Other rniticides are Avid (specific for o� insecticidal cps, C �' Talstar. Tempo 2 and several �� soctx!�- liexaaon• Ssam�dta Vendex, ��n' 301 and � Pvde; Oftherse, situation. Rotate between iztsec�l'� -4 to avoid to gee which of these are a ilahle %r use in your particular insecct recastance- L• � _ , Olaf K. Ribeifo, Ph.D. CPPP Cc/titled Professional Plant Pathologist r a ,cider on plcrtspK not listed a. the tabu Aiwa. s ad and andenta�td label directions it applying d ry pongee. D net apply F Liability is limited to services proviQ d o.ldpald far. • • hoI cal Society " international Society opiate Pathologic International ety vf Arboricuinve__ 5fem6er Ar►+eriemt Pkytop�t Arnerieatr Registry of Cergted Professionals In Agronomy. Craps ctt Sod 20 ' d 1G 1 1 Zb8 90Z '021138124 Wd QQ: Z0 tram oo— ZZ —AON ieoci ,r • • AS TO TAX ACCOUNT NO: 2S111 BA -08900 Ronald R. and Anna M. Lautt 14140SW97 "'Ave Tigard, OR 97224 • • AFTER RECORDING, RETURN TO: Ron Lautt 14140 SW 97 Ave Tigard, OR 97224 This area reserved for County Recorder. • • RESTRICTIVE COVENANT • This Restrictive Covenant is made this Day of , 2000, by Ronald R. Lautt and Anna M. Lautt. RECITALS WHEREAS: Ponalt .. L:au i an+: Anna M. Lautt applieU l he City of Tgard, Oregon to develop a 8 lot subdivision on property as described in Exhibit "A ". Case File No. 98 -0005, by the Planning Commission for the City of Tigard. WHEREAS: The City of Tigard has reviewed the Application of Ronald R. Lautt and Anna M. Lautt and conditioned its approval, in part, upon a deed restriction, which subjects prospective removal of certain trees located on the property as described in Exhibit "A ". WHEREAS: Ronald R. Lautt and Anna M. Lautt have indentified the trees subject to this agreement as trees 1 through 8 (Exhibit "B "). • TERMS AND CONDITIONS 1. Ronald R. Lautt and Anna M. Lautt agrees and shall not remove any of the trees numbered 1,2,3,4,5,6,7 and 8 unless the following conditions are present: A. A certified arborist confirms in writing that the tree is diseased and cannot be cured; or B. A certified arborist confirms in writing that the tree has died; or C. A certified arborist confirms in writing that the tree presents a hazard to life or property; and D. The written confirmation of the certified arborist is provided to the City of Tigard before taking any further action to remove the affected tree. 2. This Agreement shall apply only to the trees numbered 1 through 8 located on that property described in Exhibit "A ", each tree being identified by drawing in the attached Exhibit "B" and does not apply to any other trees or vegetation located on the Exhibit "A" property. 3. These covenants are 5inding upon and shall constitute a covenant running with the and described in Exhibit "A ". They shall be binding upon the owner, his heirs, successors and assigns. 1 „,.,v t, ' °, 1 3 LOT 4 ' -_ S 8 '13"W 87.50' -1 • N 7,505 sq.ft. 0 0 N LOT 1 i cy) _ _ 4- N ° 05 7,504 sq.ft. r PRIVATE STORM N I o D RAINAGE EASEMENT o y f2 BENEFITS LOT 1 P C ' :I 0 n 3 07 d. LOT 3 ' i � ,. -' - - / Lr) W I C3 _ _ - - -z- 7.662 sq.ft. L Aso' 4 � � Z. o 8 • L C4¢. 77' �8 22, 0 8' PUBUC UTILITY EASEMENT �C �� on 0 5.73 S 88'41'00 "E �� • 5 / ") � . 5-, . S 88'41'00" E l6 82 • • 0 65 N w ®20.73' RL�7338 S C6 .... ' 4 - - ' `' E-+ _ oo S 88'41'00 "E C1 00 EASE S, C7 • �l s R � C11 N 0 M i7 i E�;T C2 La o N yQ- 17 P ri C� � ___ °66.0$' 1 N N o i� • o3 ( C18 -- ` • C�8 N � � 124.02' - C•7 26 C•7 o O. CA O in I � C15 N 89'57'13" E �g • ) LOT 8 ��3' • l'73.82' C12 G 6/� Z N I 8,020 sq. ft. 14.48' ? ` �� L=18.73' L =6.55' `�6 S 8957'13 "W 11-3 INITIAL POINT 3 . - -- _ _ • _ • _ _26.16' • •,is \30.00 n 1 5/8 IRON RODW/YPC MARKED ,�, ,°� 1 . N 89 E `1->"? o i I "BURTON ENGR." P - - - - - I- - r- 0 �F, .r ' PARTITION PLAT NO. 1994 -019 a n ° � 15.00 PUBLIC SANITARY • 123.16' z ° o SEWER EASEMENT R 1 S 89 "W 123.16' R1 ,., LOT 7 �� o LOT 6 w ° 75 sq. ft. 7 , 500 s q. ft. � rn , w FEE NO. 99- 069308 O N s ,iP ^' © c 0 0 15.00' PUBUC 2 0 i - - R , _ 6, 7 S TORM DRAINAGE " CD ci �MP O /g,: 7.50' --1 '�0 EASEM� OO N z : ®SG � ? @$ tie r" -r ® 13 89.83' ° S 89'57'"W 123.16' . 7 . �i� z • 11 ! / S 89'57'13 "W 226.15' 5/8" IRON ROD R T REE PLAN _� W/YPC MARKED FEE NO. 96 -22439 REFERENCE POINT CURVE DATA "DT. BURTON LS 2248" I CURVE ! DELTA 1 RADIUS 1 LENGTH I CHORD I BE, IN - SN 26165 P \N�� C2 22'30'56" 315.60' 124.02' 123.22' S 78' HELD FOR . FLG- 0� 2N \-\� C3 90'00'00" 15.00' 23.56' 21.21' S 43' ) S.W. COR. DVIL E HEIGHTS" � G 0G NZS C5 04'21'38" 221.00' 16.82' 16.82' S 69•• N C6 01'35'55" 294.60' 8.22' 8.22' S 68' TREE PRESERVATION PLAN C7 14'01'47" 294.60' 72.14' 71.96' S 76'1 TREE LOCATIONS: C8 80'00'51" 18.00' 25.14' 23.14' N 5( 1. 23.0' NORTH, 2.6' EAST C9 42'39'40" 44.00' 32.76' 32.01' N 38' 2. 37.0' NORTH, 3.5' EAST C10 86'33'31" 44.00' 66.47' 60.33' S 77' 3. 13.0' NORTH, 6.0' EAST C11 80'44'11" 44.00' 62.00' 57.00' S 6" 4. 15.0' NORTH, 26.5' EAST C12 08'31'41" 44.00' 6.55' 6.55' S 85' 5. 18.0' NORTH, 44.0' EAST C13 24'46'28" 44.00' 28.62' 28.12' S 40' 6. 1.5' NORTH, 24.0' WEST C14 31'01'17" 336.60' 18.73' 18.72' N 88` 7. 22.0' NORTH, 51.8' WEST C15 13'04'32" 336.60' 76.82' 73.67' N 80' 8. 1.0' NORTH, 73.0' WEST C16 0615'07" 336.60' 36.73' 36.71' N 70" ' C17 21'09'09' 179.00' 66.08' 65.71' N 78 C18 90'00'00" 15.00' 23.56' 21.21' S 46' C19 34'38'11" 44.00' 26.60' 26.20' S 64' ......... _. . ,_ .. ..... . .. ... . • 1 ) I_JO 1 JAN • -• • N111.1.1itt . 1 . t . lil;, IVIC. 11' r■ ) ;11 15.1 i n :Am )1 lit ■1 g 111111 . I'll: WI 1 /5•I.1 I AX: la% I 00;1 Loi______a_subifivisio. LAUTT.___TER_RACE N Address 9 5" 3,, 5M/ FL-1 oSe T 1 IGARD - Scale 1/1.1" = I Notes: Dove ?spools itinl I:Ism/Immo chub, lo shoot :;klowlilks lifolthlvliwtry appronclt hi lily tulo. IdS <--- (03,6 b , .' F 1 -- - _El-- ) / .' ../ ., ....- . . ..----" . .• ,....-. (q0.„,,,,Q. "(, c'e•.5 . .er gp // . Cs) I - s- /),,- 0, („0-,, ., • ® . 4•;;; c.,.“.,,I, • .• - --- • - 1 ! —.- _ - ••'.....„.- ..____'1).-.,i..._ ,.. AP . i 1 A i .,--./ • I 1 H ....m...m. . \ ....., \_;• \, . .. A • . 0 , _______•,, ,c,,,,,,,,,,,,,, . „,,,..i.., 02 ., ,___., 1 r . 0 ,. • f /0 Li 0 [ 1 - 5 e • ro .;"• 1 Ln • tD IrD — 70: - Y ......_ ___:1 • Ii! . 111'1 , o g°3' •9 I . ' st I ::: c) LH' : ., F I- v /\ II — I 71- - - — I 1 ' - 1 1 - . l ' - - 7 1 / 4. . _ .. ___. _ ..7. I 1 .1=L - . ' i ; 0 . 1 ( - .• • • 10 i , e l ° _..„Cot-c-5,73.----- . ilj en :1". r•toT • FL- 4 ..... • - — I • _, --- :X • 64, I -1 6 ..._........... _.. . ,_____ - • , . . 4 I - I. . . • /----- 4 . • _ -- ' -• NE.. ' 1 -------/ . , ... . • . • \ • SevikeC CY v L --'7 . • it Al f i a \ ey-a-Cion / - 1 dO .5ev,ir.'- ( 1;r■ \ \ ..I Ira 1 n • erjeCTIO Y‘ \ • , \ %. s \ . . A \ - 1.... a) - . \ \ \ .1. ,i..... ._ •. , too,00 655 %6.16 FL- 18/3 X /00 Lk ..--.. . ,) e\.,-,•:-./ — d r iv , v. e.,/ \ A 1-11 7 ( - I 0 1-- -.:: 1 f v■-/t I l d (. c c ,, 7-, _ . • . . 0/ FL. e ...--- . z------ • FROM •: R I C!-4S TREE SERVICE • FAX NO. : 503 665 8730 •ov. 22 2000 05:17PM P2 NaEES • ac vo # .. \`� . j4 EE SEb • . November 22, 2000 • • Rod Kerkering - PO Box 230459 Tigard OR 97281 . To Whom It May Concern: • Upon investigation into the health of the trees located on Lots A 6 & 7, S.W. Elrose St., Tigard. 1 arrived . to these conclusions (reference the attached key): #7) This Plum has severe decay problems. Due to the extent of this condition there is no prae::ica' • application for bracing. Therefore, the tree is hazardous and should be removed. 03,4,5) A plant pathology report on these trees confirmed that they are infected with Armillaria toot rot . and Phytopthora root rot. Physiological decline due to the latter is visible in a stand of Port Orford cedars adjacent to zee 05. Unfortunately, there is no effective cure for Armillaria. and _ minimal success in treating Phytopthora., although much success in preventing it. Knowing this, my recommendation is to remove these trees, stumps and as much of the root systems a. _ from the site. Any replanting should be done with species tolerant of these pathogens. Note: Tree #6 - is a Coastal redwood. This is a highly desirable and valuable species. Concessions should be made to preserve this tree and minimi.F impact during construction. I would be happy to consult free of charge. • If you have any'questions feel free to'call me at 503- 348 -8303. Than you, i t / / .. .- . . • ' °csse .e os . General Foreman ' ISA Certified Arborist ' • Jd(dl . • • ?.0. Box 308, Fairview, Oregon 97024, 503/465 -2133, Fax 503/665 8730,.CC8 #105165 FROM •: R I CHS TREE SERVICE • FAX N0. 503 665 8730 `. �lo`. 22 2000 05:18PM P3 NOV —ib —era T 11 :Sy rn. av Consultants to the Agricultural, H�» iicultural. Arbocieuttu ,+g Turf Industries t�:beero Taint Lab, Inc. Specializing in Plate Disease n�p�ie Bainbridge b NE a Island, Beach 110 4410 is Fax 206.842-1 Maul fun9spotgao seer+ wet*si� a.,w.ribcaro[:'anUib.tY t3aia+bridbe Islsrnd. WA gBt10 PLANT PATHOLOGY: LABORATORY REPORT Rted N November vanber 16.1000 Climb Rloh'S True Service, Alm: Jess PO Box 308, Fairview. OR 97024 Your Ref : 21189, Kerlaerin6 Puss app-: Pseudor : , a eraksii Materialrine,z _ __ Sot ► T� Roots •� T i''J Other :. . So _ -- Sanxt Phytcpht X Tissues RA Roo Qa m' p Herniae r Nadhx Mica eggiida vie aurfsbar: (� metiers: d tisc porn isolated pee Rem of sal sample used; (Diem a abern (titre jOd (yI, }�nry low n�bd of D�� mated. � t uaasbe�s ofa-Op��s art ready to be mid in 5 - 7 days. sA complete report will be sent afiec all plates presecld y incubating prelnroem�ary Report: of time, � if � u � �ogetl in the snit Plants Rcct rot In Othanced if so'1 stays a cceesivdY moist for periods e suscep . ace m u'arubte to infections by rocs inf lased from any other factors such as swot infestations, fdiac pathogens, etc. or a larger t bl eS o i nf tllod had lesions pathog�rls. Roots exartlit>cld bad severe feeder roots that were either dead a back, ba So flloria typically caused by fungus int . Roots tested were infected vr8h Phyfopli "beside/ trace and sixths to help prevent infectkm of these Treatments to centres �� ray advised. Tray all X01 Abe. move ail vegetation around the tiara of platers. More than t» fungicide APP�� .�' be necessary for coceplea materials to improve rnictabial the tree out to elate onefoot from the base of the tree trunk. Apps aged O or composted gcti<ridy that will be antagonistic to these yatbo$ens- An application of beneficial [eyed fungi can improve tree vigor and offer additional protective &ea Tocs meting pothogess. rdra es stta as dn►rrlla�sa Keying � p� in There is no effective chemical care other than fumigation to c ittoi Bax Make the sure that n ia�s has bean reported to prokeig the life of affected pan good hcatth bi application ee..f of a we -wate ing. Lick o f fertilizers. etc. S watering in warm months soften.: roots and plaids are not stressed e-& from over � mycelium to the sir and sunlight helps reducer tames ��' A,milieria is sensitive to desiccation. Thus, exposing ins of tress to use desiccation as x means of ii is not po ssibleto ex enough cite soil under CO the lawn. Do c ot i bum ico ntrol. t. tbete i c- l use slow 16:89 w with quick jf$>cte is lawn area is the vicinity 4f this ae much of the dis eased root bell as is feasible. vrith goickrolaase fertilizers. Before � conrfstions erica retiree tired and reproduce from spring to late fall when A daralzal oil spray now will help reduce mite ��' � rem risk miticide3 include Horticultural oils, insecticidal ea. also Atvvtable for plant 0 ntitic Avid (specific for spider mites), Hexagon. San stite. Venda:. so aps, Ciocamiba, Flacamae+ and Tsir� 70. Other 2 and several Whitmire insecticides. Check m roe w�lttich of the an Kelton, 35W and M -Peck, Ort6elte, Talmo; Tempo available for use in your Particular 6th- Rotate between insecticides to avoid insect resisturoe. Olaf K. R1 feu 0, Ph.D. CPPP t4;e0--- Celt iflad PrOba�ionat Punt Pathotogiat Do trot apply a pesticide an pant tFedu net listed o.+ me label. ,rl,�,ya read and asdenrand lobe! dlwctlaRe a apeA�t Liability Is limited to s ervices provided sad paullor. . Member: ,ltrrsrican 1 See ' of Plant p plog its — International Society of Arbancuhwc - American cl nRegis eSisdyaf Cam professtonats us Agronomy. Crop: & Sod a�an R FROM : RICHS TREE SERVICE • FAX NO. : 503 665 8730 • v. 22 2000 05:18PM P4 i5eiro cPfant Lab, Inc. / Consultants to the Agricultural. Iiorttenitural. Asboricultutai .;r Turf Ind usrries )744 NE Marutou Beech Olive Specidisinn in Plant Meal, Dlarosir Phone Ik Fax. 706 -M2 t 157 e-mail: fungisporeAsol corn webil sewwu..ra*roUtamiab.cort atr,brtdge Island, WA 96110 —' • PLANT PATHOLOGY: LABORATORY REPORT -th• Report !l: R2173 �'-` Date: November 22, 2000 Mitt: Rich's Tree Service, Attu Jess T � PO Box 308, Fairview, OR 97024 a GpG � Your Ref.: 21189, Kerkering Plant spp.: Pseudorsuga menai � Material analyzed: Soil ►:I Roots C Tissue >" f Other. Santipie # Your Re f ra ce Phytordsthcra PAU= Tissues/Room (Prooeglileg 1e Farn sod) R2173 Zr1 9 Kerkero►g 30 (H) 400 (H) Room Phytophthara, ArmiRaria, Cylindrocarpon; j Needles: Mite eggsfdamage (VWNray low tiuriDer of propagutas of the pathogen isdaL -d Da gam • nett =pm rated; (L)■tow nuunbers; (74)- mudante nugthaR (H =ittgt Hennas: (VW-my high numbers of t „opaguks &ailed. The soil sample analyzed bad Phyrophtkrra and Pyrhiwn at levels that can potentially cause a root rot pro olefin. particularly iF soil stays excessively moist for periods of tittle, or if there is CXLX.35 nitrogen in the soii. Flares stressed from any nth r ictors such as insect moons, fol pathogens, etc. ire more stuccptNe to inSsetion.s by root pathogens. Rom? sev feeder roots that v .t.:.:r dead or dying back. Some larger roots exatnired had lesions typically caused by fungus infectious. Roots tested were infected with Phyiophrhara z=ed Armi ltmia Treatments to control Pltvwplethara are advised. Ti1 all nearby "healthy" trees and shrubs to help preterit ii fe:tons of these plants. More than one fungicide application may be necessary for complete coiZoL Also, remove all vegetation around the base of the tree out to at least one -ibot from the base of the tree trunk. Apply aged asa:r flcati u' re e or of composted materials to improve microbial activity that will be t' to these pathogens. n app beneficial norozmbai fungi can improve nee Ito; and off= sda tiora1 protection from root rotting pathogens. Tie is no effective chemical cure - other than fturtigatiou 10 control Basidiontycetes stint as Arnmtikpii. Keeping the and health by applications of a we bataaced fertilizer has been reported to prolong the life of affected plants. ts in good lade of fatilitaus. etc. Surface w t rim plants. Make sure that pleats are not stressed e.g. from ovt�wai�, drought. in warm months soften; roots and favors ftmgus infections. Annillaria is sensitive to design. Ttvis, eyosurg the mytxl'tum to the air acid sunlight helps reduce inocuhim. Unfotivnately, it is xt possible to expose =MO of tree soil under the dript'me of trees to use desiccation as a means of control. If there is a lawn area in the vicinity of this acs, use stow re;case nitrogen fat ors on the Lawn. Do not over-fertilize lawn aith quick release fertilizers. Before replanting in this area, remove as much of the diseased root ball as is feasible. QThidi curpon leas beeareportcd to cause root infections and Stu Ling of trees and woody ornamentals. ita's. This pathogen is more severe when trees are ak d7 erred from Pkftophd era, Pyikium and/or nematode infections. Appiicatious of nx=em opium phosphate have been repotted to reduce the infections caused by this pathogen. • Front Pathologists International Society tf ArboncuinoY - 1�.Iaenjrv� An,cricc�r Piryropathotog?cd Scam ^' Ittrernaito►r1t ScKiaY of Aesertccn Registry efCeriified Professionals in Agronomy, Crops & Soil t a • a iC t t zbg 9eE C81 -114,43 7 2ZAV78 Wei t : za oar. t?a- zz -no►. FROM.: RICHS TREE SERVICE • FAX NO. : 503 665 8730 4Ik1ov. 22 2000 05:19PM P5 i6eiro (Pant Lab, \ CormultaLtts to the Agricultural. Horticultural. Arboticultvral 6t �i us art Ina sts Plant Disease easa Dtag 744 NE Manituu Beech Drive ea rn itmgisPo�+i°l.00m webaihPawv.r:Mirop Mast .�+� inbr dge island, WA 981IO Phone VIM 206-842-115 83173; page • A dormant oil splay uow will blip reduce it infestations. Spider mites sued and reproduce from spring to late fall growth Some recommended reduced risk miticides include Horticultural when co>�r..Ars are also favorable far pia Quo 70. Other t are Avid (specific for spider rLSit°s), o� u�cticidai cps, C�4 ' and Tract fl. and several Whitmire �soctx?d�• hexagon. Saam:ite` Vende c, Kebtban, 35R and M Pole, Orthea� Talstar, Tempo 2 Chair to yec w of ihc$C are available for use in your particular situation. Rotate between insecticid to void insect resistance. Olaf K. Ribeiro, Ph.D. CPPP Certified Professional Plant Pathologist T ,�ISe an pion: species not listed the toot: Always read and andsrstaad label directions ¢ L11)11403 any pesticide. De not apply a Liability is limited to services pryviQed anipatd for. • • • • • • srJ — IrJernat}atsc[ Society of ,4rbortc'.rittvK — halOgkGl S ociety — Imernatimfol Society of nail Patisologi Sod A„terrcan is Certified Professional: in Agronomy, Crops dr American Registry a� 20'd J. 1t Zb8 a0Z t)2J'Bata Lid QQ:ZO 113t4 OO■ZZ ■AON ieod • • AS TO TAX ACCOUNT NO: 2S111 BA -08900 Ronald R. and Anna M. Lautt 14140 SW 97 Ave Tigard, OR 97224 AFTER RECORDING, RETURN TO: Ron Lautt 14140 SW 97 Ave Tigard, OR 97224 This area reserved for County Recorder. • RESTRICTIVE COVENANT This Restrictive Covenant is made this Day of , 2000, by Ronald R. Lautt and Anna M. Lautt. RECITALS WHEREAS: Ronald R. Lautt and Anna M. Lautt applied to the City of Tigard, Oregon to develop a 8 lot subdivision on property as desc ribed in Exhibit "A ". Case File No. 98 -0005, by the Planning Commission for the City of Tigard. WHEREAS: The City of Tigard has reviewed the Application of Ronald R. Lautt and Anna M. Lautt and conditioned its approval, in part, upon a deed restriction, which subjects prospective removal of certain trees located on the property as described in Exhibit "A ". WHEREAS: Ronald R. Lautt and Anna M. Lautt have indentified the trees subject to this agreement as trees 1 through 8 (Exhibit "B "). • TERMS AND CONDITIONS 1. Ronald R. Lautt and Anna M. Lautt agrees and shall not remove any of the trees numbered 1,2,3,4,5,6,7 and 8 unless the following conditions are present: A. A certified arbonst confirms in writing that the tree is diseased and cannot be cured; or B. A certified arbonst confirms in writing that the tree has died; or C. A certified arborist confirms in writing that the tree presents a hazard to life or property; and D. The written confirmation of the certified arborist is provided to the City of Tigard before taking any further action to remove the affected tree. _ 2. This Agreement shall apply only to the trees numbered 1 through 8 located on that property described • in Exhibit "A ", each tree being identified by drawing in the attached Exhibit "6" and does not apply to any other trees or vegetation located on the Exhibit "A" property. 3. These covenants are binding upon and shall constitute a covenant running with the land described in Exhibit "A ". They shall be binding upon the owner, his heirs, successors and assigns. P ' I o 3 � - - s 85 13= W. 87_50_ J - 3 ' LOT 4 N 7,505 sq.ft. p (V 0 N LOT 1 • - - - -STORM - -4- f ro oi 7,504 sq.ft. F PRIVATE N I 0 2 do DRAINAGE EASEMENT o co BENEFITS LOT 1 0 0 I0 o f ' 1 '• f 0 07 LOT 3 • • z , - _ � L 6 1 w - - -- _ .z- ' 7,662 sq.ft. c10 4�. z Z 0 • • • L= A. >>' 4 8' PUBLIC UTILITY EASEMENT�C9 6 ° 5.73 S 88'41'00"E C4 L ,5,8„2,.., �� / 1 ' � � •9 S 88 4 '00" E 16 ... • • 6 ��' r ._, LLJ 20.73' L�73 s ? C6 L /1 ; _ _ -- S 2. E- r. °° S 88'41'00 "E C1OS�, S C7 �,. x A� C1' CD I co 5.73' L 67 -- L�6.08' �� N ° 0 / • I3 ( 018 • C� N L � 124.02' _ CC :•C :•C Z �- I 6 N I LOT 8 \ � L � 9.73' • C15 N 89'57'13" 01E 61 . Z N 1 8, sq. ft. 14.48' ? � • Ls73.82 LC18 73' L =6.55' 1- 2 S 89 57'13 "W 6 ' ♦ _ INITIAL POINT 1 _ _ • 26.16' • 4.....,s, 30. 00' - IRON RODW C MARKED o - I - - - ,� y � i/ 5/8 IR /YP ,n ,3 I N 89 E o 1 "BURTON ENGR." P - - - - I- - I - 0 6 , ` 4 I PARTITION PLAT NO. 1994 -019 a M ° 9 15.00' PUBLIC SANITARY 1 i 123.16' Z o SE WER EASEMENT I 3I R1 S 89 "W 123.16' R1 W LOT 7 • I� o I LOT 6 L oo' I o _ 0 7,500 sq. ft. I° © 7513 sq. ft. w FEE NO. 99- 069308 0 N r' '�� 15.00' PUBLIC O o STORM DRAINAGE R �V . 7 P, \NEE (0 z �`, © 7.50' z� 0 EASEM) cn d REM 1 2 0 ~ l ,1 -i). 9- - N © ® 89.83 � _ S 89'57'13"W , 13 " W 123.16 ;1�, 74.04 _i7 I I ' / 43 L • � 5/8" IRON ROD R � TREE PLAN S 89'57'13 "W 226.15' � W/YPC MARKED FEE NO. 96 -229 REFERENCE POINT CURVE DATA "DT. BURTON LS 2248" I CURVE 1 DELTA 1 RADIUS 1 LENGTH 1 CHORD 1 BE IN I SN 26165 ti GFR C1 21'09'09" 200.00' 73.84' 73.42' S 78' - HELD FOR F�MN` 2a C2 22'30'56" 315.60' 124.02' 123.22' S 78' ) S.W. COR. R k. \AL� C3 90 15.00' 23.56' 21.21' S 43' DVIL E HEIGHTS" 1\ E GN IS C4 0421'38" 221.00' 64.77' 6.82' 64.54' 6.82' S 69' • C6 01'35'55" 294.60' 8.22' 8.22' S 68 TREE PRESERVATION PLAN C7 14'01'47" 294.60' 72.14' 71.96' S 76' TREE LOCATIONS: C8 80'00'51" 18.00' 25.14' 23.14' N 5. 1. 23.0' NORTH, 2.6' EAST C9 42'39'4.0" 44.00' 32.76' 32-01' N 38' 2. 37.0' NORTH, 3.5' EAST C10 86'33'31" 44.00' 66.47' 60.33' S 77 3. 13.0' NORTH, 6.0' EAST C11 80'44'11" 44.00' 62.00' 57.00' S 6' 4. 15.0' NORTH, 26.5' EAST C12 08'31'41" 44.00' 6.55' 6.55' S 85 5. 18.0' NORTH, 44.0' EAST C13 24'46'28" 44.00' 28.62' 28.12' S 40' 6. 1.5' NORTH, 24.0' WEST C14 31'01'17" 336.60' 18.73' 18.72' N 88' 7. 22.0' NORTH, 51.8' WEST C15 13'04'32" 336.60' 76.82' 73.67' N 80 8. 1.0' NORTH, 73.0' WEST C16 0615'07" 336.60' 36.73' 36.71' N 70' C17 21'09'09" 179.00' 66.08' 65.71' N 78' C18 90'00'00" 15.00' 23.56' 21.21' S 46 C19 34'38'11" 44.00' 26.60' 26.20' S 64 10/06/2000 Conditions esociated with Case #: SUB•00005 %g -s) 8:28:54•AM Cond. Stat. Changed Updated Code Title Hold Status Changed By Tag Updated By 0014 EROSION CTRL PRVD W/P -IMP DRAWNGS Met 11/10/199 BDR 11/10/1999 BDR 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." 0057 GRADING FINAL PLAN REQUIREMENTS: Met 11/10/199 BDR 11/10/1999 BDR • 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). 0058 GEOTECH /GRADE SLOPE CONSTRCT Met 11/10/199 BDR 11/10/1999 BDR REQD The applicant shall provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report shall be incorporated into the final grading plan. A final construction supervision report shall be filed with the Engineering Department prior to issuance of building permits. 0015 UTILITIES (EXISTNG) UNDERGRND /PAY Not Met 10/21/1998 VIV 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, the amount will be $5,280.00 and it shall be paid prior to approval of the final plat. 0069 F -PLAT APP SUBMISSION REQUIREMENT Met 08/22/200 BDR 08/22/2000 BDR Final Plat Application Submission Requirements: A. Submit for City review three paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative; B. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County and by the City of Tigard; C. The right -of -way dedications for all proposed streets shall be made on the final plat; D. NOTE: Washington County will not begin their review of the final plat until they receive a letter from the City Engineering Department indicating: 1) that the City has reviewed the final plat and submitted comments to the applicant's surveyor,and 2) that the applicant has either completed any public improvements associated with the project, or has at least obtained the necessary public improvement permit from the City to complete the work; and E. Once the City and County have reviewed the final plat, submit two (2) mylar copies of the final plat for City Engineer's signature. 0001 H2O SYSTEM APPROVAL BY WATER DEPT Met 11/10/199 BDR 11/10/1999 BDR The applicant shasll provide plans to the Water Department for review and approval of the proposed water system including the proposed water connection, water meters and fire hydrants. STAFF CONTACT: Mike Miller, Water Department. 0001 EXISTING HOMES CONNECT TO S -SWR Met 08/22/200 BDR 08/22/2000 BDR Any existing homes that are to be kept shall be connected to sanitary sewer service. STAFF CONTACT: David Scott, Building Division. 0032 F -PLAT REVIEW CHECK FEE REQUIRED Not Met 05/15/2000 BDR The applicant shall pay a $295.00 Final Plat Review Check fee prior to submitting the final plat to the City for review. STAFF CONTACT: Mark Roberts, Planning Division. 0001 SETBACK STANDARDS ON LOT 3 Met 11/15/199 MS 11/15/1999 MAS The applicant shall either provide evidence that the accessory structure on Lot 3 is located in such a way that it meets setback standards or the structure shall be relocated or removed prior to plat recording. STAFF CONTACT: Mark Roberts, Planning Division. 0026 TREE PLANTING PLAN /DEPOSIT REQ'D Met 05/15/200 BDR 05/15/2000 BDR Prior to recording the subdivision plat, the applicant shall provide a street tree plan that indicates the species, size and location of future required street trees. A bond or other method of assurance shall be provided prior to recording the subdivision plat in order to assure planting. Prior to release of the depositd, the street trees shall be planted. STAFF CONTACT: Mark Roberts, Planning Division. 0001 RECORD DEED RESTRICTION FOR TREES Met 08/22/200 BDR 08/22/2000 BDR The applicant shall also record a deed restriction for those trees that are to be preserved. The deed restriction may be removed or may be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. STAFF CONTACT: Mark Roberts, Planning Division. 0001 TREE PROTECTION REQUIREMENTS Met 08/22/200 BDR 08/22/2000 BDR The applicant shall also construct the recommended tree protection measures for trees that are recommended for preservation. The consulting arborist shall provide a written report that these measures have been installed. STAFF CONTACT: Mark Roberts, Planning Division. 0001 REVISE FRONTAGE LOTS 2 AND 5 Met 11/15/199 MS 11/15/1999 MAS The applicant shall revise Lots 2 and 5 so that both have a minimum of 25 feet of frontage on the proposed Local Street. STAFF CONTACT: Mark Roberts, Planning Division. Page 2 of 3 i • AS TO TAX ACCOUNT NO: 2S111 BA -08900 Ronald R. and Anna M. Lautt 14140 SW 97 Ave Tigard, OR 97224 AFTER RECORDING, RETURN TO: Ron Lautt 14140 SW 97 Ave Tigard, OR 97224 This area reserved for County Recorder. RESTRICTIVE COVENANT This Restrictive Covenant is made this Day of , 2000, by Ronald R. Lautt and Anna M. Lautt. RECITALS WHEREAS: Ronald R. Lautt and Anna M. Lautt applied to the City of Tigard, Oregon to develop a 8 lot subdivision on property as described in Exhibit "A ". Case File No. 98 -0005, by the Planning Commission for the City of Tigard. WHEREAS: The City of Tigard has reviewed the Application of Ronald R. Lautt and Anna M. Lautt and conditioned its approval, in part, upon a deed restriction, which subjects prospective removal of certain trees located on the property as described in Exhibit "A ". WHEREAS: Ronald R. Lautt and Anna M. Lautt have indentified the trees subject to this agreement as trees 1 through 8 (Exhibit "B "). TERMS AND CONDITIONS 1. Ronald R. Lautt and Anna M. Lautt agrees and shall not remove any of the trees numbered 1,2,3,4,5,6,7 and 8 unless the following conditions are present: A. A certified arborist confirms in writing that the tree is diseased and cannot be cured; or B. A certified arborist confirms in writing that the tree has died; or C. A certified arborist confirms in writing that the tree presents a hazard to life or property; and D. The written confirmation of the certified arborist is provided to the City of Tigard before taking any further action to remove the affected tree. 2. This Agreement shall apply only to the trees numbered 1 through 8 located on that property described in Exhibit "A ", each tree being identified by drawing in the attached Exhibit "B" and does not apply to any other trees or vegetation located on the Exhibit "A" property. 3. These covenants are binding upon and shall constitute a covenant running with the land described in Exhibit "A ". They shall be binding upon the owner, his heirs, successors and assigns. r • • Dated this day of , 2000. Ronald R. Lautt Anna M. Lautt STATE OF OREGON ) ) ss COUNTY OF WASHINGTON ) Personally appeared the above named Ronald R. Lautt and Anna M. Lautt who acknowledged the foregoing instrument to be there voluntary act and deed. Notary Public for Oregon My commission expires: • e • EXHIBIT A A tract of land in the Northwest quarter of Section 11, Township 2 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described as follows: COMMENCING at the Southwest corner of Parcel 1, PARTITION PLAT NO. 1994 -019, Washington County Survey Records; thence North Ol °19'00" East, along the East right of way line of SW 97th Avenue, which is parallel with and 30 feet Easterly from, when measured at right angles to, the centerline of SW 97th Avenue, a distance of 156.04 feet to a point; thence North 89 °57'13" East, parallel with the North line of said PARTITION PLAT NO. 1994 -019, a distance of 127.34 feet to a point; thence North O1 °19'00" East, parallel with the centerline of SW 97th Avenue 57.51 feet to a point in the South line of the duly recorded plat of ARLIE'S PLANTATION; thence along said South line through the following courses: North 88 °47'04" East 62.63 feet; South 01 °19'00" West 20.00 feet; and South 88 °47'04" East 94.69 feet; thence South 00 °07'29" East 114.66 feet to a point; thence North 63 °41'55" East 5.75 feet to the Northwest corner of Parcel 2 of PARTITION PLAT NO. 1994 -019; thence South 00 °02'47" West along the West line of said Parcel 2 a distance of 66.30 feet to an angle point thereon; thence South 44 °07'13" West along said Parcel 2 West line 16.21 feet to the Southwest corner thereof, being a point on the North line of that certain tract of land conveyed to Aase B. Husvar in Fee No. 79- 046096, Washington County Deed Records; thence North 89 °57'13" East along the North line of said Husvar tract 210.00 feet to the Northerly Northeast corner thereof; thence South 00 °45'02" West along the East line of said Husvar tract 16.43 feet to the Southerly Northeast corner thereof; thence South 89 °57'13" West along said Husvar tract 145.00 feet to the re- entrant corner on the East line of said Husvar tract; thence South 00 °40'20" West along the East line of said Husver tract 78.51 feet to a point that is 95.00 feet South of, when measured at right angles to, the North line of said Husvar tract; thence South 89 °57'13" West, parallel with and 95.00 feet South of said Husvar tract North line a distance of 226.15 feet to a point; thence North 01 °19'00" East, parallel with the centerline of SW 97th Avenue 61.02 feet to a point; thence South 89 °57'13" West, parallel with said Husvar tract North line 123.16 feet to a point on the East right of way line of SW 97th Avenue, being 30 feet from the centerline thereof; thence North 01 °19'00 "East along said East right of way line 34.01 feet to the point of beginning. \.___ E' • EXHIBIT B • DI N 88'41'00" W 202 00 TREE P 1- 73' -1.--7i77,- 2" LAN b � ---- � t 590 ARLIE'S PLANTATION 5/8" I.R. W /Y.P.C.- "DEHAAS tt 0.11's � 2 S O S -5 L OS & 01 1 WOCIATES INC." HELD N -S S 88 47 04 E S 0119'00" W 1 62.63' _o_._ o 20.00' 127.30' 5.31 T W . , 5 S 88'47'04" E S DEHAAS do ASSOCIATES INC EASEMENT PER / 0� 94.69' / R FEE NO. 81 -40723 0 .. • 26.57' 68.28' )E rn 1 .. 15.18 I I Z 0 N. ^ i is 5/8" IRON ROD "I LOT 2 • Ic. r--15.00 PUBUC co W/YPC MARKED 89'57'13 "E 127.34' Z 8,808 sq.ft. "' 05 "-c- I M STORM EASEMENT SN BURTON Ls. 2248" ° SN 26215 109.86' • 17.48' 0 ;,, " ^ ' o � 3 LOT 4 w BOOK 1060, PAGE 83C. — — i � S 89'5713 W 87.50' 7 ,505 sq.ft. N 8 Co LOT 1 — — -�r W �� o o .g5 E 4t Ik . 7,504 sq.ft. f PRIVATE STORM p .p � � O . DRAINAGE EASEMENT o 6 0 O 6� �N,c s ^,,� BENEFITS LOT 1 c 'co ! N 5 1 5 Q RPS c � E t , LOT 3 2 I * cl) 1 , — —_ / tz3 PPs - "-- .z- ► 7,662 sq.ft. / /" L= 6--,i .4 / � c'� �`�� L� 64, 77' \ \ 4,, , • C10 Q • G• C4 ,,,,t9, 2, 0 8 PUBUC U11UTY EASEMENT r/C9 ro �'zz `� �g �N wE La ` � 16 8 ? • • \ \ _ / / 4 '� �1, �� 9 ' • � b � • $ S S O_ PARCEL 2 R 7384' S C6 II ' v S 6 N PAR1111ON PLAT 1994 • 200.00• • 41-. ? 14 �� `•, n s i I.R. W/Y.F P o FEE NO. 99 -1886E • " E C1 L OSE C7 ` + Lim o * A o' C11 4 ° " 5/8` 17 £'�' C2 ° iv y,�, N 1 (/) 5/8" I. O 709 °66 .0$' • w \ P4;-171- 15.60' N N °° '..> `err TRACT "B" HELD \ 26.16' C is N Lc 12 4 . 0 2• C•J � Z LOT 8 \� • - / 794 SQ. FT. N 89'57'13' E S 44'07'13 "W 9 73' • L= 3 , C14 C12 G, O '� /2 16.21' ,. -- - 8,020 sq. ft. 14.48' — — �� 2 ..'6 `�� 64.8 3 • • • • ,i j / L= 1873' L =655'` - � �/ , i • )1 .1 MARKED — I— — — 26.71 S,�y ?„.• /� N 89'57'13" E 1 N PLAT NO. 1994 -019 P r •O 6`• A F / 1 i o � 15.00 5.00' PUBUC SANITARY � • 5/8" IRON RO 1 123.16' Z ° o SEWER EASEMENT 1 31 W/YPC MARKED •9'57'13 "W 123.16' R LO 7 I;., N "DT. BURTON LS 2248" Sr ' LOT 6 w ,� SN 26165 D W o 7,500 sq. ft. It g I 7513 sq. ft. LOT 5 I 3 :E NO. 99- 069308 0 o N r :: © o 7 sq. ft.0 N 0. 5 15.00' PUBUC .P 21 N Z o 0 - S).:,, ST ORM DRAINAGE °' )- w d. \NEE r Z ;��: 0 I ::�� cc 10 EASEM 3, m a Q W p EM V 7 : c�,�, _ii' v . •05 < o R �p� o Z o © - , 7. 7., �q- ;, - 'A V•2 o 39'57'13 "W 123.16' ;)� 74.04' .: � ©] ® 89.83' 62.28' R1 '''- � S 89'57'13 "W 226.15' • FEE NO. 96 -22439 TREE PLAN 5/8" IF I REFERENCE POINT CURVE DATA W/YPC 3 2248" I CURVE] DELTA 1 RADIUS 1 LENGTH 1 CHORD 1 BEARING I "DT. 8l March 8, 2000 k4 Ron Loutt CITY OF TIGARD 14100 SW 97` Avenue OREGON Tigard, Oregon 97223 RE: SUB 98 -00005 Dear Sir: It has come to my attention that you have placed fill on your proposed subdivision without first obtaining a grading/fill permit. Under the provisions of OSSC, Appendix chapter 33, a permit must be obtained through this department. You may obtain the application, and engineering requirements at Tigard City Hall. If you have questions, please feel free to call me at 639 -4171 X392. Sincerely, Rob rt Poskin, CBO Senior Plans Examiner CC: Building Official Hap Watkins eXj 614 V —a/f0 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 . . . . ..... .._ ,..._ -,. BLDG 0 , ▪ ,,„ . CITY OF TIGARD 14R-800 13125 S.W. Hall Blvd. ki - ., f 1 n (, Tigard, Oregon 97223 0 f:t ; - ..,•:,.:; •• p, 2 C, (3f`Qii/ . 19} • Ron Loutt 14100 SW 97 Avenue Tigard, Oregon 97223 ... „ ''4 ,..,..„,.., it — C 7 r` 1— t r:"... . .;■,.< .3. zaE i.'.! D Fc t ,,,,......... -------:(1 - .. ...... . , _ - : . I 1., U ,.'.1 LI EL I' V ER, A B I. E tkL..:i... ., ___ ___ , . .„.,‘,.. .. „.,..._ . S ED . 1 „" , it 1 Iii !Ili II 11 1 • , ' inumm,..,..,....,,,,,,„,..,,,,,,...". • . ` • STATE OF OREGO • AFTER RECORDING, RETURN TO: III N } SS County of Washington P CITY HALL RECORDS DEPARTMENT I, Jer rY Z1 ' L � '�n�' - or of Assess - CITY OF TIGARD ment and , : Win:. Z< 'o County V Clerk for . t, .: a., rtify that � 13125 SW Hall Blvd. the wit ', #1 i , .r' r,< • '` Wit ` a o : ceived and re.i,' j r • morel 1.i gr� ove f said V * Tigard, OR 97223 county. (f' ' :a; ,, 1 • , { , R I City of Tigard File Nos. - : ( y cz ` MIS 97- 0013,cSUB -0005 1 - y�� \� 4 o� i j ; irector of 14 �� J - sb h axation, EX- • 94ggi C lerk Doc : 99083689 Rect: 235653 26.00 07/14/1999 12:07 :59pm This area reserved for County Recorder. J DEDICATION DEED FOR ROAD OR STREET PURPOSES Ronald R. Lautt and Anna M. Lautt does hereby dedicate to the public a perpetual right -of -way for street, road, and utility purposes on, over, across, under, along and within the following described real property in Washington, County, Oregon: Attached Exhibit "A" To have and to hold the above - described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant their right above - described, and they will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is $0.00. However, the actual consideration of or includes other property or value given or promised which is the whole consideration. IN WITNESS WHEREOF, I hereunto set my hand on this 2 S day of Tv 1999. Dated this 25 day of g e._ , 1999. / / / / /1.-,&. /— _ - r OW . .., ., 4 # dIVI'_ ,e1* -1-11". onald R. Lautt Anna M. Lautt 9450 SW O'Mara St. 9450 SW O'Mara St. Tigard, OR 97223 Tigard, OR 97223 1 -- 4 ININ**/".....174.N..„ . ‘ • • STATE OF OREGON ) 144,0-4— ) ss COUNTY OF .) Personally appeared the above named Ronald R. Lautt and acknowledged the foregoing instrument to be a voluntary act and deed. • • "� Notary Public for :1•LJJrI � �� - i di" xpires: 00. • STATE OF OREGON ) F"6S:ON OFFICIAL SEAL • JULiw , J�'OURNEAY SsNOTARY PUBLIC -OREGON COUNTY OF ) COMMISSION NO.318398 EXPI ES NOV 24, 2002 Person app eared the above named Anna M. Lau ow eMertf g>'sirr ' strument to be a voluntary act and deed. Au �. ,. � G N� T+/ s''�� OFFI� SEAL Notary Public for JULtI:.ti7URl�trAY IP NO CO TARY PUBLIC -OREGON II:d:iSSION NO 318396 nn MY COMMISStCU EXPIRES NOV 24, 2002 i om f j ' Aires: r • nck 1 Accepted on behalf of the City of Tigard this Z , day of 01 , 19c141. n City Engineer • • • 2 ` 4 • . • EXHIBIT "A" Legal Description: A tract of land in the Northwest quarter of Section 11, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, Washington County, Oregon, more particularly described as follows: Beginning at the Southwest corner of Parcel 1, Partition Plat No. 1994 -019, Washington County Records; thence South 01 °19'00" West, parallel with and 30.00 feet Easterly from, when measured at right angles to, the centerline of S.W. 97th Avenue (C.R. 1982), a distance of 95.03 feet to a point that is 95.00 feet Southerly from, when measured at right angles to, the North line of that tract of land conveyed to Aase B. Husvar in Fee No. 79- 46096, Washington County Deed Records; thence South 89 °57'13" West, parallel with the North Line of said Husvar tract 5.00 feet to a point that is 25.00 feet Easterly from, when measured at right angles to, the centerline of S.W. 97th Avenue (C.R. 1982): thence North 01 °19'00" East, parallel with said centerline 95.03 feet to a point on the North line of said Husvar tract; thence North 89 °57'13" East along said Husvar tract North line 5.00 feet to the point of beginning. • • • 3 "1/ ,. . To N " S 4,. g o 6.' v a v P . � • ;0.00 153 MA. 83 .40 ^ 8.90 78.80 00.74 • , ?0 � .� . � 0 6 i a 90.80 t �� _ , m / - e 09.88 1 ' 87,88 $ _ \ \ \ \ \ \ \ \ \ \ \ \ \\i . m B3 -8601 , . 9 7TH \� \ \ \ \ \ \\ \ \ \ \ \ \ \ \ \ \\ ,\ \ \ \ \ \ \ \ \�z \\ Q • • \ \ \ \ \\ � ` 'C'R 9 9 4,3\Z)\\\\\\\\\\\\\ al.. \\\\\ \\ •. 92.16 $ �� i • 86.02 O 110.46 .\ . \ \ 96,03 �� 160.04 - 90.8182 mn�11 Ie,.1 u�m11s- • • 68 ' r !.#4 4 1 :+ t i I I Q�s1 0 •„-, 1 n � • NN1 �_. • t 92.07 co N ✓�/ 4.1;:: / (.:1( ° re ' t > 8 - r r 4;1 � I © 4, •, L 75.00 7.6.00 0.00 f7 ; n r (� Sy 16.00 �: ��.'�, . -, . 1 ,• / _ °' S 0 Nl _fl3f w $ 3 4 G : / �/ _, / 4 I= 10 :._ m 0 . . `c 160.00 l- • a , mow. L �I �0 g 1 •• A /14 > J L1 $ � co i I ! ' : C ' . 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' •%t4 '•t ,. .:iilo .r '1' t: :'t '�!i' s •�: •,r., , f 5 :r •w /� ,.A I I L • 111^ 'r1 I, b 1 ' : •�i• .) � ?r rt + u :t(:' r • t . rJ', �'�j 1 r :.y r 1 1. + U ,•,�!: F;�: ;? is 'I .L• . G•. 'J '•f� C . 1 ? t • iii' ,,.. :.j . 1 r : i �� 1 � :1 9: .1. 1 is •ii- 1 •1 ,.:. • : i / I I: 1 i :' + ;i l� " '., ... •.. ., (. Yip ^•�; fi r, �.: r:'�:::' ' O 1 , i .. . r • v' .i•• ' .r : 1 : i j` ` titi� :. t . . 'r:f :: +t : l r: . ::r ::41 : , :::'. 1; :';';;';•'...::'.11:47....:14'. t , N. 1 ,, .•I. ref .1• 4 l' ' .t..1,%:,....0 t t- C_::.: t x < . . I . . . i Y i;• it y {• fir: 7 i T ='k 1 .1. •1r a,; rr' .r ., • '0'1, : ; I r . , t a; :,. • '� r r ..r r I 1': '. Y311 t • :1• r IY1 :. r . r r "' D .r ' • MEMORANDUM *yolltilikti TO: Dick Bewersdorff, Senior Planner --�' amAl FROM: Brian Rager, Development Review Engineer RE: Lautt's Terrace: SUB 98 -0005 DATE: January 6, 1999 This memo should be placed in the Planning file. Regarding amended Condition #1, as recommended by the Hearings Officer, we have been notified by Washington County that the street name, "SW Elrose Court ", is not acceptable because there is already a street by that same name within the City. The location is off SW 93 Avenue, south of SW McDonald Street. The County indicated that the name, "SW Rhonda Court ", would be acceptable for use in this project. Therefore, I recommend that we use SW Rhonda Court as the street name in this project. is \engthrianr\correspondence\Iautts terrace- 1.mem.doc • • • • 411, 120 DAYS = 12/22/98 CITY OF TIGARD Community Development �. Shaping A Better Community CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER BY THE HEARINGS OFFICER Case Number(s): SUBDIVISION [SUB] 98 -0005 Case Name(s): LAUTTS TERRACE SUBDIVISION Name of Owner: Ronald R. Lautt Name of Applicant: Same Address of Applicant: 14100 SW 97th Avenue City: Tigard State: Oregon Zip: 97224 Address of Property: 14140 SW 97th Avenue City: Tigard State: Oregon Zip: 97224 Tax Map & Lot No(s).: WCTM 2S111 BA, Tax Lot 08900. Request - -> AT THE SEPTEMBER 28,1998 PUBLIC HEARING, THE HEARINGS OFFICER APPROVED, SUBJECT TO CONDITIONS, A REQUEST FOR SUBDIVISION APPROVAL TO DIVIDE ONE (1] PARCEL OF APPROXIMATELY 1.19 ACRES INTO EIGHT (8) LOTS RANGING IN SIZE FROM 7,500 TO 9,166 SQUARE FEET. Zone: R-4.5; Single - Family Residential (7,500 Square Feet). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.96, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. Action:. — ❑ Approval as Requested © Approval with Conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: © Owners of record within the required distance © Affected governmental agencies © The affected Citizen Involvement Team Facilitator © The applicant and owner(s) Final Decision: 9 DATE OF FILING: OCTOBER 9, 1998 THE DECISION SHALL BE FINAL ON MONDAY - OCTOBER 19,1998, UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 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 plus transcript costs, not in excess of $500. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON OCTOBER 19,1998. Questions: If you have any questions, please call the City of Tigard Planning Division at (503) 639 -4171. SUB 98 -0005 LAUTTS TERRACE 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 Ronald Lautt for ) FINAL ORDER approval of a preliminary plan to divide 1.79 acres ) into 8 single family lots in the R-4.5 zone at 14140 ) SUB 98 -0005 SW 97th Avenue in the City of Tigard, Oregon ) (Lautt's Terrace) I. SUMMARY A. This final order concerns an application by Ronald Lautt (the "applicant ") to subdivide property located at 14140 SW 97th Avenue (the "site "). The applicant proposes to divide the 1.79 -acre site into 8 lots. All of the proposed lots do or can comply with dimensional requirements of the R -4.5 zone. The applicant proposes to construct a single family detached dwelling on each of the proposed lots. B. The applicant will extend public sewer and water service to each lot. The applicant will dedicate right of way and construct half width improvements along the site's 97th Avenue frontage. The applicant proposes to dedicate and improve SW Rhonda Court as a roughly 280 -foot long cul -de -sac street east of 97th Avenue, across from the intersection of SW Elrose Street. All proposed lots will front on the proposed cul -de -sac street. Four abutting properties east of the site also will access the cul de sac street; tax lots 114, 9000 and 109 and one lot in the Brelynn Woods subdivision. These properties currently access SW 97th Avenue via a 15 -foot easement across the site. C. The applicant proposes to collect storm water runoff from impervious areas and to direct it to an existing stormwater line located along the north boundary of this site. The applicant submitted a preliminary downstream analysis demonstrating that adequate capacity to accommodate the increased stormwater runoff from this site. The applicant proposed a drywell for water quality treatment before discharging it to the storm sewer. D. At the public hearing in this matter, City staff recommended approval, subject to conditions. See the Staff Report dated September 28, 1998 (the "Staff Report "). The applicant accepted the staff recommendations with minor exceptions. No one else testified in this case. The principal issues in this case include: • Whether wetlands exist on or near the site and how they must be protected; • Whether the applicant can retain an existing accessory building on the site; • Whether the proposed development will provide adequate treatment of stormwater runoff; and • What the applicant should name the proposed cul de sac street. E. For the reasons provided and referenced in this final order, the hearings officer approves the preliminary plan for the subdivision substantially as proposed, subject to the • conditions recommended by City staff with certain modifications described more herein. II. HEARING AND RECORD A. Tigard Land Use Hearings Officer Larry Epstein (the "hearings officer") held a duly noticed public hearing on September 28, 1998 to receive and consider public testimony in this matter. The following testimony was offered at the hearing. 1. City planner Mark Roberts summarized the Staff Report and the proposed development. a. He noted that a sensitive area (wetland) may exist on or near the north boundary of the site. The applicant must provide a wetland determination and/or delineation prior to final plat. If any sensitive lands are discovered, the applicant must protect the area with a 25 -foot upland buffer. USA regulations require the applicant to create a separate tract for the buffer. b. He noted that each lot must have a minimum 25 feet of frontage on a public street. The applicant must revise the final plat to provide additional frontage for proposed lots 2 and 5. c. The hearings officer observed that the east -west street directly west of the site is named Elrose Street, and that naming the cul de sac street on the applicant's site "Rhonda Court" would be confusing. The Police Department made a similar observation. Mr. Roberts testified city staff identified another section of Rhonda Court east of the site aligned with the proposed cul de sac street on the site, so they believed Rhonda Court was a suitable name for the street. 2. City engineer Brian Rager noted that the applicant must demonstrate that the proposed water quality facilities will provide sufficient treatment to comply with USA regulations. The water quality manhole proposed by the applicant may not provide sufficient treatment. The applicant may need to install additional water quality facilities, potentially including a landscaped facility. In response to a question by the hearings officer he testified that the tree protection required by condition 22 can consist of protective fencing along the dripline of the trees the applicant intends to preserve. 3. Tom Burton appeared as the representative for the applicant. a. He opined that the existing shed on the site will not comply with setback requirements. The applicant intends to use the shed to store construction materials and equipment during construction on the site. He testified that the shed is constructed on a concrete foundation and may be difficult to move. He requested the hearings officer modify condition of approval 19 to allow the applicant to retain the shed and submit a bond or other financial assurance in to ensure its removal upon completion of the development b. He requested the hearings officer modify condition of approval 24 to allow the applicant to dedicate a conservation easement to protect any wetlands identified on or near the site. Creation of a separate tract may reduce the number of lots the applicant can plat on the site. 4. The hearings officer closed the public record at the conclusion of the hearing and announced his intention to approve the application. III. DISCUSSION A. City staff recommended approval of the application based on findings and conclusions and subject to conditions of approval recommended in the Staff Report. The applicant accepted those conditions with certain exceptions. The hearings officer agrees generally with those findings, conclusions and conditions, and adopts the affirmative findings in the Staff Report as support for this Final Order except as expressly provided to the contrary in this Final Order. Hearings Officer Final Order SUB 98 -0005 (Lautt's Terrace subdivision) Page 2 • • • B. City staff question whether the proposed stormwater facilities, i.e., a drywell, will provide adequate treatment of stormwater runoff. 1. Treatment of stormwater runoff is regulated by USA and enforced by the City. The applicant must obtain City approval of the design of the on -site water quality facilities prior to construction. The applicant has the burden of proof to demonstrate the proposed facilities will provide sufficient stormwater treatment to comply with USA regulations. 2. The applicant may need to construct additional stormwater facilities to achieve compliance with USA regulations. The applicant must locate any above ground treatment facilities in a tract and convey the tract to the City. The applicant also must maintain all stormwater facilities for a minimum of three years after construction is completed. This is required by proposed condition of approval 10. C. USA expressed concern that there may be a "sensitive area" (wetland) on or near the north boundary of the site. The applicant must have this area reviewed by a professional wetlands ecologist or biologist. If sensitive lands exist on or near the site, the applicant must create a 25 -foot buffer to protect the sensitive lands from development on the site. See R &O 96-44. USA regulations require the applicant to locate the buffer within a separate tract. 1. If a buffer is required, the applicant proposed to protect the buffer with a conservation easement rather than a tract. Creation of a separate tract will reduce the developable area on the site and may reduce the number of lots the applicant can develop on this site. a. The hearings officer has no authority to approve a conservation easement. Only USA has that authority. The applicant can request USA to approve a conservation easement in lieu of a tract. The hearings officer finds that condition of approval 24 should be modified to this effect. b. If a sensitive lands buffer extends onto the property, and if USA declines to allow the applicant to protect that buffer using a conservation easement, then the applicant shall establish a tract for that purpose, and shall revise the final plat accordingly. That may reduce the number of lots in the plat. D. The hearings officer finds that the applicant must remove the existing shed or relocate it to comply with minimum setback requirements prior to final plat. 1. The existing shed is located in the area of proposed lots 3 and 4 near the proposed cul -de -sac bulb. The shed will not comply with setback requirements from the boundaries of the proposed lots. Therefore, unless the shed is removed prior to final plat approval, filing the plat will create a setback violation. The City cannot approve a subdivision plat which will create a violation. 2. The applicant's proposal to provide a bond or other financial assurance would not alter the violation. If the shed remains in its current location the applicant will create a setback violation when he files the fmal plat. The City cannot approve creation of a violation. Therefore the applicant must remove or relocate the shed to comply with setback requirements prior to final plat approval. Hearings Officer Final Order SUB 98 -0005 (Lautt's Terrace subdivision) Page 3 E. The Tigard Police Department opined that the applicant should name the proposed cul de sac street SW Elrose Court, because that is the name of the east -west street west of the site that will align with the cul de sac street on the site. • • 1. The hearings officer agrees with the observation of the Police Department. The alignment of the proposed cul de sac street on the applicant's site is the same as the • alignment of Elrose Street to the west. It would be confusing to have the street segments on either side of 97th Avenue have different names. The applicant is in effect continuing proposed street SW Elrose Street across the intersection with SW 97th Avenue. Therefore it is appropriate to use the same name. 2. There is an existing street named SW Elrose Court roughly 600 feet east of the site, west of SW 93rd Avenue on the same alignment as the cul de sac street on the site. This is further support for continuing the name for the same alignment. 3. Although city staff testified that there is a street named Rhonda Court somewhere east of the site, it is not evident from the record in the case. Even if there is a Rhonda Court at some point east, the street on the applicant's site is much closer to the street segments named Elrose. Therefore that is the name that should be used for the cul de sac street on the site. IV. CONCLUSION The hearings officer concludes that the subdivision application does or can comply with the relevant standards and criteria of the Tigard Community Development Code (CDC) as provided in this Final Order, provided the application is subject to conditions of approval that ensure the final subdivision plat and subsequent development will comply with applicable CDC standards and criteria. Therefore those applications should be approved subject to such conditions. V. DECISION Based on the findings and conclusions provided or referenced in this Final Order, the hearings officer hereby approves SUB 98 -0005 (Lautt's Terrace) subject to the conditions of approval in the Staff Report with the following changes: A. Condition of approval 1 is hereby amended to add the following: 1. ... The name of the cul de sac street on the site shall be SW Elrose Court. B. Condition of approval 8 is hereby amended to read as follows: 8. The applicant shall dedicate on the face of the final plat access easements to allow adjacent parcels to access SW Elrose Court... [remainder unchanged] C. Condition of approval 10 is hereby amended to read as follows: 10. Final design plans and calculations for a water quality facility sufficient to comply with the water quality standards of the Unified Sewerage Agency shall be submitted to the Engineering Department (Brian Rager) as a part of the public improvement plans... [remainder unchanged] D. Condition of approval 24 is hereby amended to read as follows: Hearings Officer Final Order SUB 98 -0005 (Lautt's Terrace subdivision) Page -4 1 • 24. The applicant shall provide a wetland determination and/or delineation. If wetlands or other sensitive land areas are located on or within 25 feet of the site, the applicant shall revise the plat to provide a 25 -foot buffer area from the edge of the sensitive land area. The applicant shall locate the buffer in a separate tract, unless USA approves an alternative protection measure such as a conservation easement. D ATE!'this 7th day I 1998. « K12/JL ' apt Eps , Cj City of Ti;.ard gs Officer • Hearings Officer Final Order SUB 98 -0005 (Lautt's Terrace subdivision) • Page 5 Agenda Item: 2.2 Hearing Date: September 28. 1998 7:00 PM STAFF REPORT TO THE HEARINGS OFFICER ' O CITY OF TIGARD Community (Development FOR THE CITY OF TIGARD, OREGON • Shaping Better Community SECTION I: APPLICATION SUMMARY CASE(S): FILE NAME: LAUTT'S TERRACE SUBDIVISION Subdivision SUB 98 -0005 PROPOSAL: The applicant has requested subdivision approval to divide one (1) parcel of approximately 1.79 acres into eight (8) lots ranging in size from 7,500 to 9,766 square feet. APPLICANT: Ronald Lautt OWNER: Same 10100 SW 97th Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 1 -5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 7,500 Square Foot Minimum Lot Size; R-4.5. LOCATION: 14140 SW 97th Avenue; WCTM 2S111 BA, Tax Lot 08900. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.96, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. SECTION II: STAFF RECOMMENDATION Staff recommends that the Hearing's Officer find that the proposed development will not adversely affect the health, safety, and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended Conditions of Approval: 9-28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 1 OF 21 SUB 98 -0005 - LAUTT'S TERRACE SUBDIVISION • • CONDITIONS OF APPROVAL ALL CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT WITH WASHINGTON COUNTY. Unless otherwise specified, the staff contact for all conditions is Brian Rager with the Engineering Department at 503 - 639 - 4171.) 1. Prior to approval of the final plat, 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. (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 exact legal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 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 applicant shall dedicate additional right -of -way along the frontage of SW 97th Avenue to provide 30 feet from centerline. This dedication shall be shown on the face of the final plat. 5. The applicant shall construct the following frontage improvements along SW 97th Avenue as a part of this project: a. 6 -foot concrete sidewalk; b. street trees behind the sidewalk spaced per TDC requirements; and c. streetlighting, as determined by the City Engineer. 6. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. 7. Lots in this subdivision shall not be permitted to access onto SW 97th Avenue. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 2 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • 8. The applicant shall dedicate on the face of the final plat access easements necessary to allow adjacent parcels to access SW Rhonda Court. The properties in question are those that presently are allowed access across the existing access easement. The • applicant's construction plans shall also show how driveways will be provided to these adjacent parcels. 9. 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, as a part of the Engineering Department plan review. NOTE: An estimated 12 per cent of the water system costs must be on deposit with the Water Department prior to approval of the public improvement plans from the Engineering Department and construction of public water lines. 10. Final design plans and calculations for the proposed public water quality facility shall be submitted to the Engineering Department (Brian Rager) as a part of the public improvement plans. Included with the plans shall be a proposed landscape plan (if a landscaped facility is proposed) to be approved by the City Engineer. The proposed facility shall be dedicated in a tract to the City of Tigard on the final plat. As a part of the improvement Manual for the proposed facility for approval by the Maintenance Services Director. The facility shall be maintained by the developer for a three -year period from the conditional acceptance of the public improvements. A written evaluation of the operation and maintenance shall be submitted and approved prior to acceptance for maintenance by the City. Once the three -year maintenance period is completed, the City will inspect the facility and make note of any problems that have arisen and require them to be resolved before the City will take over maintenance of the facility. In addition, the City will not take over maintenance of the facility unless 80 percent of the landscaping is established and healthy. If at any time during the maintenance period, the landscaping falls below the 80 percent level, the developer shall immediately reinstall all deficient planting at the next appropriate planting opportunity. 11. 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. 12. 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, and show that they will 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). 13. The applicant shall provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report shall be incorporated into the final grading plan. A final construction supervision report shall be filed with the Engineering Department prior to issuance of building permits. 14. 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 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 3 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • to the utility lines and will be $ 27.50 per lineal foot. If the fee option is chosen, the amount will be $ 5,280.00 and it shall be paid prior to approval of the final plat. 15. Final Plat Application Submission Requirements: A. Submit for Cityy review three paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative; B. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard; C. The right -of -way dedication for SW 97th Avenue and the new street shall be made on the final plat; D. NOTE: Washington County will not begin their review of the final plat until they receive a letter from the City Engineering Department indicating: 1) that the City has reviewed the final plat and submitted comments to the applicant's surveyor, and 2) that the applicant has either completed any public improvements associated with the project, or has at least obtained the necessary public improvement permit from the City to complete the work; and E. Once the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer's signature. 16. The applicant shall provide plans to the water Department for review and approval of the proposed water system including the proposed water connection, water meters and fire hydrants. STAFF CONTACT: Mike Miller, Water Department 17. Any existing homes that are to be kept shall be connected to sanitary sewer service. STAFF CONTACT: David Scott, Building Division. 18. The applicant shall pay a $295 Final Plat review check fee prior to submitting the final plat to the City for review. STAFF CONTACT: Mark Roberts, Planning Division. 19. The applicant shall either provide evidence that the accessory structure on Lot 3 is located in such a way that it meets setback standards or the structure shall be relocated or removed prior to plat recording. STAFF CONTACT: Mark Roberts, Planning Division. 20. Prior to recording the subdivision plat, the applicant shall provide a street tree planting plan that indicates the species, size and location of future required street trees. A bond or other method of assurance shall be provided prior to recording the subdivision plat in order to assure planting. Prior to release of the deposit, the street trees shall be planted. STAFF CONTACT: Mark Roberts, Planning Division. 21. The applicant shall also record a deed restriction for those trees that are to be preserved. The deed restriction may be removed or may be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. STAFF CONTACT: Mark Roberts, Planning Division. 22. The applicant shall also construct the recommended tree protection measures for trees that are recommended for preservation. The consulting arborist shall provide a written 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 4 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • report that these measures have been installed. STAFF CONTACT: Mark Roberts, Planning Division. 23. The applicant shall revise Lots 2 and 5 so that both have a minimum of 25 feet of frontage on the proposed Local Street. STAFF CONTACT: Mark Roberts, Planning Division. 24. The applicant shall provide a wetland's determination and /or delineation and where necessary make revisions to the plat to provide a 25 -foot buffer tract area, to any wetlands or other sensitive land's areas either on this property or on an adjoining property. STAFF CONTACT: Mark Roberts, Planning Division. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 25. Prior to final building inspection, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision plat. 26. 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 improvements are completely finished; and 4) all street lights are installed and ready to be energized. 27. 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. 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: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 5 OF 21 SUB 98-0005 - LAUTT'S TERRACE SUBDIVISION • 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: As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. 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. 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: • 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. 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: Three (3) copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 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. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation 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. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 6 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • . The following centerline monuments shall be set: 1. All centerline - centerline intersection points; 2. All cul -de -sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul -de -sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.164 Street & Utility Improvement Standards: 18.164.120 Utilities 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. 18.164.130 Cash or Bond Required • 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. 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. The cash or bond shall comply with the terms and conditions of Section 18.160.180. 18.164.150 Installation: Prerequisite /Permit Fee 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. 18.164.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 9-28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 7 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • 18.164.200 Engineer's Certification Required 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 subject Tax Lot 08900 was annexed into the City and received a zone change (ZC 6- 79) in 1979. A subdivision (S 5 -81) was approved in 1981 (current Tax Lots 00105 and 08900). A Minor Land Partition (MLP 19 -81) was approved in 1981 (current Tax Lots 00105 and 08900). A Subdivision (SUB 90 -0013) was denied by Council on appeal in 1990 (current Tax Lots 00105 and 08900). A Lot Line adjustment (MIS 91 -0003) was approved in 1991 (current Tax Lots 00105, 00114, and 08900). A Minor Land Partition (MLP 93 -0002) was approved in 1993 (current Tax Lots 09000 and 08900). A Lot Line Adjustment (MIS 94 -0001) was approved in 1994 (current Tax Lots 00105 and 00114). A Lot Line Adjustment (MIS 97- 0013) was approved in 1997 (current Tax Lots 00105, 00113 and 08900) to increase Tax Lot 08900 in size. No other development applications were found to have been filed with the City. Vicinity Information: To the west the property is adjoined by detached, single - family residences. To the south, . the property abuts a detached, single - family residence near SW 97th Avenue. This property has vacant areas behind the home to the east. To the north, the property is adjoined by detached single family residences. To the east and southeast are developed with detached, single - family residences. Site Information and Proposal Description: The site slopes from the south west corner of the property towards the northeast corner a total of 18 feet over a distance of approximately 350 feet. The property is presently developed with detached, single - family residences. The subdivision plan indicates that a total of 24 trees exist on the property. The subdivision plan indicates that 10 of these trees are over 12 inches in diameter. Except for a 12 -inch Fir tree on Lot 3, these trees are primarily within 90 feet of the southern property line. The proposal is to subdivide a 1.79 acre parcel into 8 lots to develop detached, single - family residences. A cul -de -sac public street is proposed to be developed as a project entry from SW 97th Avenue. • 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 8 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • Dimensional Requirements: Section 18.50 states that the minimum lot area for each dwelling unit in the R-4.5 zoning district is 7,500 square feet. An average lot width requirement of 50 feet is required in the R-4.5 Zoning District. Each of the eight (8) proposed lots exceeds the 7,500 square foot lot minimum, in compliance with this standard. Each of the eight (8) lots exceeds the 50 -foot average width requirement. Lot 8 is proposed to provide the narrowest width with an average width of approximately 70 feet. Development Standards: Section 18.50 contains standards for the R-4.5 Zoning District. 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 The preliminary plat submittal did not indicate the precise building envelope after subtraction of setbacks. However, the proposed building sites appear to be of sufficient width and depth to accommodate detached, single - family residences as proposed. Considering the location of the proposed property lines, the existing home will also comply with the R-4.5 Zoning District setback standards. Although no variance was requested as part of this application, the applicant requested a reduction to the 15 -foot rear yard setback to Lot 8 assuming the southern property line was considered the rear yard setback. The applicant requested that this setback be reduced to a 10 -foot setback. This lot is a corner lot , the Community Development Code allows for a choice as to the front, side and rear yard setbacks on corner lots where each lot side with street frontage has a minimum of 75 feet of frontage. Lot 8 as proposed would not exceed 75 feet of frontage along the SW 97th Avenue side. Therefore Lot 8's SW 97th Avenue street frontage is considered the front yard. The yard opposite SW 97th Avenue would then be considered the rear yard. For that reason Lot 8's southern property line would be considered an interior sideyard and have a 5 -foot side yard setback. For this reason no setback variance is necessary to develop within 5 feet of Lot 8's southern property line. Although this was not shown on the subdivision plat, an accessory shed structure exists approximately within the front yard area proposed as Lot 3. The applicant shall either provide evidence that the accessory structure on Lot 3 is located in such a way that it meets setback standards or the structure shall be relocated or removed prior to plat recording. Solar Access: Section 18.88.040(C)(1) contains solar access standards for new residential development. A subdivision complies with the design standards where 80% or more of the newly . created parcels meet either the Basic Solar Access Standard, the Solar Building Line Option or the Performance Option. 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- 9-28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 10 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 states the applicant shall either specifically concur with a requirement for public right -of -way dedication, or provide evidence that supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Alternatively, an applicant may specifically concur with the requirement for dedication of right -of -way to the public and waive the impact study analysis by dedicating the right -of -way and completion of a waiver statement. An impact study was provided. The applicant proposes to develop under existing required system development fees and construct full street improvements for proposed Local Street and along the SW 97th Avenue project frontage. Any required street improvements to certain collector or higher volume streets, and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A -Boy Expansion /Dolan II /Resolution 95 -61, TIF's are expected to recapture 32 per cent of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for each trip that is generated is $189.00 The total TIF for a detached, single - family dwelling is $1,890.00. The proposed Local Street, is not eligible for TIF Credits because the Local Street would serve the proposed development. Right -of -way dedication and half street improvements on the site's SW 97th Avenue frontage is assumed to cost $200 per lineal foot. Because the site has approximately 200 feet lineal feet of frontage, a total value for this proposed to street improvement is estimated at $40,000. It is estimated that a TIF credit for approximately 1/2 of the improvement costs to SW 97th Avenue or up to $20,000 would be allowed with construction of these improvements. Upon completion of the subdivision improvements, the future builders of the residences will be required to pay TIF's of approximately $15,120 ($1,890 x 8 dwelling units): Thus, only up to $15,120 credit can be realized against the estimated construction cost. Based on an estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of the project traffic impact on major streets is $45,360.00 ($5,670 x 8). Assuming the $40,000 street improvement cost is reduced by subtracting the largest potential TIF Credit of $15,120 this would leave a total net street improvement cost of $24,880. Because the project has a total estimated impact on Major Streets of $45,360, the proposed half street improvements along the SW 97th Avenue frontage is less than the cost of the impact of the development on the street system. For this reason it is recommended that the City accept the proposed Public Improvements under the recommended Conditions of Approval. Use Classification: Section 18.42 sets forth use definitions for use classifications. The applicant is proposing to create building sites for detached, single - family residences. This use is classified in Section 18.42 as single family detached residential dwelling. Section 18.42 lists detached, single - family residences as a permitted use in the R-4.5 Zoning District. The applicant proposes to develop 8 new detached, single - family residences that are one of the permitted uses within the R-4.5 Zoning District. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 9 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION o west axis. Alternatively, an applicant can meet the City's Solar Access Standards by complying with the protected Solar Building Line Option or the Performance Option. Energy efficiency is ensured through the location of the residence with sufficient solar access or through the design of the homes that incorporates window glazing with solar orientation. An applicant can request an exception to the solar access standards based on the following development constraints: Site topography in excess of a 10 percent slope, shade from existing on -site or off -site vegetation or structures, significant natural features, existing street public easement patterns, impacts to density, cost or amenities of the project that adds five percent or more to the cost of each lot. To comply with the Basic Standard, a minimum of seven (7) of the eight (8) lots (or 80 per cent) are required to comply with the Basic Solar Access standard, the Solar Building Line Option, or the Performance Option. As designed, a total of four (4) of the lots comply with the Basic Standard. Specifically Lots 4 -7 comply because they provide a minimum north - south dimension of 90 feet or more. Due to impacts to site density that would add more than 5 percent to the cost of each lot, it is recommended that the four (4) remaining Tots be exempted from compliance with the standard. Specifically, the subdivision design exemption would apply to Lots 1 -3 and 8. Solar Balance Point: Section 18.88.050(B) requires that one and two (2) family residences that are developed on Tots that were exempted from Compliance with the Basic Solar Access standards comply with the Solar Balance Point requirements. The Solar Balance Point standards may apply to this development at the time of Building Permit application. The plans for the residences to be built on each of the lots will be reviewed for conformance with the height and building design standards of the Solar Balance Point requirements. Each home will be required to be designed to ensure that the southern building elevation will have access to passive solar energy for heating and cooling purposes. The Solar Balance Point Standards apply to each lot whether they were exempted from the subdivision design standard or not. It should be noted that the repeal of the Solar Access standards will be effective November 26, 1998. Future Building Permit applications filed after the date of adoption would not be subject to the requirements of this standard. 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 and land dedicated for public roads or parks. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots that may be created on a site. The applicant has provided calculations concerning the allowed density for this site. The total gross site area is 1.79 acres or 77,972 square feet. A total square footage of 15,594 square feet or 20 per cent of the site is deducted for areas dedicated to the public for right -of- way. This leaves a net buildable area of 62,377 square feet. By dividing the minimum lot size of 7,500 square feet into the net buildable area, the property has the area to yield up to eight (8) dwelling units. The applicant has proposed to develop a total of eight (8) new dwelling units and therefore the subdivision complies with the applicable density standards. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 11 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • Landscaping: Section 18.100 contains landscaping standards for new development. • The applicant must also comply with the standards set forth in Section 18.100.035 that 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. 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; and 3. Large trees (over 40 feet tall and more than 35 feet wide branching) shall be • spaced no greater than 40 feet apart. The applicant's submittal discussed that a street tree planting plan would be provided as the project progressed. Prior to recording the subdivision plat the applicant shall provide a street tree planting plan that indicates the species, size and location of required street trees. A bond or other method of assurance shall also be provided prior to recording the subdivision plat to ensure planting. Prior to release of the deposit, the street trees shall be planted. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right -of -ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right -of -way and the driveway and then connecting these two (2) 30 foot distance points with a straight line. 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. Through the Building Permit review process, setbacks of the structures will be checked. Based on the location of the buildable areas within each lot, it is expected that future site improvements can comply with this requirement. Access: Section 18.108 sets minimum standards for access to residential development. As proposed all of the lots would utilize the proposed public street in compliance with this section. Project trip generation relative to the proposed street type and design is reviewed elsewhere within this report. 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. The applicant has provided an arborist report identifies all existing trees greater than 12 inches in diameter. The subdivision plan states that ten (10) of these twelve (12) trees are in excess of 12 inches in diameter. The proposed site plan identifies a total of two (2) of these trees that will need to be removed to develop Lot 6. An additional three (3) 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 12 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION o trees will also need to be removed on this lot but these trees are less than 12 inches in diameter. Due to the property configuration it does not appear possible to work around these trees. Since the applicant is retaining more than 75 percent of the existing trees., Section 18.150.070.D does not require tree mitigation for trees that are to be lost. Prior to recording the plat, the applicant shall record a deed restriction for those trees that are to be preserved. The applicant shall also construct recommended tree protection measures to preserve the dripline area of these trees. 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; 2. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92; 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; and 4. An explanation has been provided for all common improvements. Compliance with the standards listed in Criterion 1 are addressed elsewhere within this staff report. The proposed Lautt's Terrace plat name is not known to duplicate other plats as, required by Criterion 2. The proposal addresses Criterion 3 because street improvements for the new Local Street and property frontage requirements for the SW 97th Avenue frontage are proposed. No common areas have been proposed as part of this subdivision, therefore, Criterion 4 is met. Street and Utility Improvements Standards: Section 18.164 contains the following standards for streets and utilities serving a subdivision: Street 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. The applicant has agreed to provide street improvements such as curb, gutter, and sidewalk along the property frontage on SW 97th Avenue and the proposed Local Street, "SW Rhonda Court", through this development. Conditions of Approval related to the timing and construction of these improvements have been recommended. Minimum Rights -of -Way and Street Widths: Section 18.164.030(E) provides a range for Public Streets to be developed for Local Street purposes. This chart provides a range for right -of -way and street widths. The right -of -way width range provided for this purpose is 36 to 50 feet. The street width range is 24 to 34 feet of width. The applicant has proposed the use of a public street to serve the existing and new residences. This street, as proposed, has a total right -of -way of 44 feet with a paved section of 28 feet. It is expected that this facility will need to accommodate 130 vehicle trips per day based on the proposed eight (8) dwelling units and the other five (5) existing dwelling units that would utilize this street for access. Based on the estimated number of trips, the street design as proposed is consistent with the Local Street classification. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 13 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION o 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. 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. This site is a small infill property within a largely developed area. The extension of a street to the south towards SW Mountain View Lane is considered to be precluded because the existing residence on Tax Lot 00107 to the south dictates that the alignment of the street extend through a substantial portion of Lots 5 and 6 which would likely make the creation of one of these lots impossible. Extending a street in this area would also require the removal of most or all of the existing trees on proposed Lot 6. For these reasons it is not recommended that a street extension be required. Street Alignment and Connections: Section 18.164.030(G) requires all local streets that 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 site is a small infill property within a largely developed area. The extension of a street to the south towards SW Mountain View Lane is considered to be precluded because the existing residence on Tax Lot 00107 to the south dictates that the alignment of the street extend through a substantial portion of Lots 5 and 6 which would likely make the creation of one of these Tots impossible. Extending a street in this area would also require the removal of most or all of the existing trees on proposed Lot 6. For these reasons it is not recommended that a street extension be required. Curbs. Curb Cuts. Ramps. and Driveway Approaches: Section 18.164.030(N) requires the following: 1. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080, and; A. Concrete curbs and driveway approaches are required; except B. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval; and C. Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. Through the required engineering plans, these street improvements will be reviewed and approved by the Engineering Department for the applicant's frontage ,within the subdivision. Future curb, gutter, and sidewalk for these streets will be provided in accordance with City standards. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 14 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION . . 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. The proposed development of SW Rhonda Court would serve the proposed development but is not proposed to be extended to serve adjoining future and /or existing development. Considering other existing residential development in this area, the extension of a Local Street to the south, is the most that would appear possible in terms of a street extension. However, the existing residence on Tax Lot 00107 to the south dictates that the alignment of the street extend through a substantial portion of Lots 5 and 6 that would likely make the creation of one of these lots impossible. Extending a street in this area would also require the removal of most or all of the existing trees on proposed Lot 6. For these reasons it is not recommended • that a street extension be required. 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: A. Where street location is precluded by natural topography, wetlands or other bodies of water or, pre - existing development; or B. For blocks adjacent to arterial streets, limited access highways, major collectors or railroads; and C. For non - residential blocks in which internal public circulation provides equivalent access. Because the proposed cul -de -sac street would not be extended in the future and is approximately a 270 -foot length this block would not exceed an 1,800 foot length. Extension of another street connection to SW 97th Avenue is not possible given the limited 200 feet of site frontage. Considering other existing residential development in this area, the extension of a Local Street to the south, is the most that would appear possible in terms of a street extension. However, the existing residence on Tax Lot 107 to the south dictates that the alignment of the street extend through a substantial portion of Lots 5 and 6 that would likely make the creation of one of these lots impossible. Extending a street in this area would also require the removal of most or all of the existing trees on proposed Lot 6. For these reasons it is not recommended that a street extension be required. 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. The proposed block length of SW Rhonda Court will not exceed 600 feet as proposed. At its longest length the street would have a length of 280 feet. For this reason a requirement for a mid block pedestrian connection is not required. 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. The subdivision, as designed, complies with this standard. None of the proposed Tots will exceed a 2.5 to 1 length to depth ratio. 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. The minimum frontage width standard is met for 6 of the 8 lots because they have frontage in excess of the 25 -foot minimum 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 15 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION requirement. The applicant shall revise Lots 2 and 5 so that both are provided with a - minimum of 25 feet of frontage on the proposed Local Street. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. Sidewalks have been proposed to be provided within the development. Full half - street improvements along the applicant's frontage on SW 97th Avenue are recommended at this time. The proposed Local Street is also proposed to be Local Street standards with required finished street improvements such as curb, gutter and sidewalk. Sanitary Sewers: Section 18.164.090 requires sanitary sewer service. Sanitary sewer facilities are to be extended from a sewer line within SW 97th Avenue. The applicant also proposes to connect sanitary sewer laterals to an existing line that exists along the northern property line. The applicant's engineer states that these lines have sufficient capacity to meet the additional demand that will be created by the development of this subdivision. Storm Drainage: Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. The applicant proposes to direct storm water from this subdivision, to a line that is existing along the northern property line of this property and /or to a line that crosses the property and exists along the northern property line. The applicant has provided a preliminary downstream analysis that demonstrates existing facilities have sufficient capacity to handle the increase in storm water runoff that is created by this development. PUBLIC FACILITY CONCERNS: Section's 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), 18.164.100 (Storm Drains) and 18.164.120 (Overhead Utilities) are required to be addressed through the development review process. A review of required Water Quality Treatment, Erosion Control and Water Service have also been provided below: STREETS: SW 97th Avenue This site is adjacent to SW 97th Avenue, which is classified as a major collector street on the City's Transportation Plan Map. This roadway requires a 60 -foot right -of -way (ROW) (30 feet each side of centerline). At present, there is approximately 30 feet of ROW adjacent to Tax Lot 08900, but only 25 feet adjacent to Tax Lot 00113. The applicant has indicated that they will dedicate additional ROW on 97th Avenue to provide 30 feet from centerline. The roadway is paved to City standards in this area and there is curb on the east side of the roadway. The applicant should be conditioned to provide a concrete sidewalk, street trees and streetlights (if necessary) adjacent to the frontage to complete the street improvement. SW Rhonda Court The applicant proposes to construct a new public street, to be called SW Rhonda Court, into this project from SW 97th Avenue. This new street will be a cul -de -sac and is proposed to be built with a paved width of 28 feet inside a 42 -foot ROW. The narrower 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 16 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • width is allowed by TDC 18.164.030.E, because it is a street where the average daily traffic (ADT) will likely fall below 500 vehicles per day. At present, there are a number of parcels that access SW 97th Avenue via an access easement over this parcel. The applicant's intent is to replace that access easement with SW Rhonda Court and other revised access easements such that these properties are • allowed to take direct access onto SW Rhonda Court. Staff approves of this concept, but the preliminary plan is unclear as to how the new access easements will be configured. Prior to approval of the final plat, the applicant shall submit a detailed plan that shows how the adjacent parcels be granted access rights over the applicant's property to reach SW Rhonda Court. WATER: This site will be served from the City's public water system. The applicant proposes to construct a new public water line from SW 97th Avenue into this site with the SW Rhonda Court street improvements. Final design of the water line shall be reviewed and approved by the City prior to construction. SANITARY SEWER: There are two existing public sanitary sewer lines that either abut or cross through this site. One line is located adjacent to the north property line and runs west to east. The other sewer line is adjacent to the proposed northerly lot lines of Lots 5, 6 and 7 and then makes a bend to the east of Tax Lot 09000 and heads north to intersect with the previously mentioned sewer line. The applicant's plan does not accurately reflect the location of these existing lines. Because of the close proximity of these sewer lines, the applicant is able to simply extend sewer service laterals from the main lines to serve these lots. Prior to construction, the applicant's engineer will need to submit construction plans that accurately reflect the location of the existing sewer lines and proposed service lateral locations. STORM DRAINAGE: The topography of this site falls primarily to the northeast. There is an existing public storm drainage line that abuts the northerly property line of this site and flows north to tie into the storm drainage system in SW McDonald Street. The applicant's engineer submitted a downstream analysis which shows that the increased runoff from this site will have a negligible impact on the downstream storm drainage system. The applicant's plan indicates that the runoff from the new street and lots will be directed into a new public storm drainage line that will tie into the existing storm line. A final design of the proposed storm drainage line and connection shall be reviewed and approved by the City prior to construction. • STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96 -44) which require the construction of on -site 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 17 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • 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. In addition, a maintenance plan is required to be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the USA Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. The applicant's narrative indicates that they plan to install a water quality manhole that will meet USA design standards. Staff is not sure that a manhole alone will meet the standards; the applicant may need to design additional measures to supplement the proposed manhole in order to meet the design standards. Prior to the City accepting the proposed facility as a public facility, the developer shall maintain it for a minimum of three years after construction is completed. If a pond or other such landscaped facility is proposed, it shall be placed in a tract and conveyed to the City on the final plat. The developer will be required to submit annual reports to the City which show what maintenance operations were conducted on the facility for that year. Once the three -year maintenance period is completed, the City will inspect the facility and make note of any problems that have arisen and require them to be resolved before the City will take over maintenance of the facility. In addition, the City will not take over maintenance of the facility unless 80 percent of the landscaping is established and healthy. If at any time during the maintenance period, the landscaping falls below the 80 percent level, the developer shall immediately reinstall all deficient planting at the next appropriate planting opportunity. GRADING AND EROSION CONTROL: USA Design and Construction Standards also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The applicant's design engineer will be required to prepare a final grading plan for review and approval. 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). The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 18 OF 21 SUB 98 -0005 - LAUTTS TERRACE SUBDIVISION • • 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. The frontage along this site is 192 lineal feet; therefore the fee would be $ 5,280.00. SECTION V: OTHER STAFF COMMENTS The Building Division reviewed this proposal and have offered the following comments: Cul -de -sac shall have a minimum turning radius of 25 feet inside and 45 feet outside. No parking signage shall be posted on one (1) side of SW Rhonda Court for fire truck access. All roof perimeter and underfloor drainage shall be tight piped or to an approved drainage system Lots 1 -4). A Fire Hydrant shall be provided at the intersection of SW Rhonda Court and SW 97th Avenue. SW Rhonda Court and the other proposed storm•drainage system must meet the requirements of the Uniform Plumbing Code Chapter 11. Note: In 1994 when the City reduced the cul -de -sac size requirements in response to the State's Transportation Planning Rule the Tualatin Valley Fire District was involved in the review of those changes. The Community Development Code allows for a 35 foot paved street section radius. Based on the Uniform Fire Code requirements, the Building Department can require other Fire and Life Safety upgrades because the paved cul -de -sac radius would not meet minimum Uniform Fire Code standards. The Water Department reviewed this proposal and have offered the following comments: The preliminary plan does not indicate the location a water connection, meters or fire hydrant placement. Water service to Tax Lot 00109 needs to be addressed with the development of this project. Note: A Condition of Approval has been recommended requiring review and approval of the proposed water system to serve this site. Tax Lot 00109 is developed and currently provided with water service, however a utility easement may need to be provided as part of this subdivision for existing utilities to Tax Lots 00109, 09000 and 00114. The Police Department reviewed this proposal and have offered the following comments: It appears that SW Rhonda Court would more appropriately named SW Elrose Court as it looks to be consistent throughout in efforts to reduce delays by emergency service providers. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 19 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • Note: Further east of the subdivision a street has already been named SW Elrose Court, so the use of the same name would result in more confusion than the proposed name. For this reason no name change of the proposed street is recommended. Other affected departments have reviewed this application and have offered no additional comments or objections. SECTION VI: AGENCY COMMENTS The Unified Sewerage Agency reviewed this application and had 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 Sewage Agency's Construction Design Standards, July 1996 edition). Engineer should verify that 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 hydrologic analysis of storm conveyance system is necessary. If downstream conveyance does not have 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. SENSITIVE AREA • A "Sensitive Area" may exist. Developer must preserve a 25 -foot corridor as described in R &O 96 -44, separating the sensitive area from the impact of development. The creek wetland /sensitive area shall be identified on plans. Note: A Condition of Approval has been included that requires the applicant to provide a wetland's determination and/or delineation. Where necessary, the applicant shall make revisions to the plat to provide a 25 foot buffer to any wetlands either on this property or on an adjoining property. Other affected agencies have reviewed this application and have offered no additional comments or objections. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 20 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • - • 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. 7Matz4 September 21.1998 PREPARED BY: Mark Roberts DATE Associate Planner, AICP '! �- �a►'�/ September 21.1998 APP' OVED BY: Richard Bewe sd. s DATE Planning Manag--j I: \CU R PL N \MAR KR \S U B D I VS \S U B98 -05. DO C 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 21 OF 21 SUB 98-0005 - LAUTT'S TERRACE SUBDIVISION • • • +A 17 z P 1 ‘ Ott O i Q PN � 30.00' s. • • S I 3 00 o4 E 194.93 . 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'•'•AR 44 ' $ • ER: RON LAUTf 2 j 20' FIR 8 "CEDAR ®� Q O t�' 1P oi¢ - FIR . 16-7931. . 18 a M `5.0• 46 V 123.16' 254 14• FIR "10-CEDAR TAX EAT 107 ONNER: ARSE OT1O • 0 SITE PLAN ; CASE Lautt's Terrace • EXHIBIT MAP Subdivision SUB 98 -0005 �(� - AN" 1\ \ CITY of T17RsD ii, . 01 EM \ OE OO RAPNIC INFORMAT SY VICINITY MAP n . _ t MI\ S . SUB 98 -0005 y, 4,911 VIEV1/ CT Lautt's 0 Ili . . \ AIM . _ SUBJECT Terrace PARCEL Subdivision MCDONALD STREET : r ippr . , JANZEN ; • E • H il J U a Fl ROSF V co H H / ----- N _ Mountain F 0 100 200 300 400 Feet 1 1". 279 feet m iff _4.2. ink VI EN TF R T City of Tigard I I Information on this map is for general location only and ___I should be verified with the Development Services Division. L I 13125 igar SW Hall Tigard, OR 97223 1 \ (503) 639.4171 \ http: /NAVw.ol.Ugard.or.us Community DevpSopment Plot date: Sep 4, 1998; CAmagic►MAGICO2.APR • CITY OF TIGARD HEARING'S OFFICER SEPTEMBER 28, 1998 - 7:00 P.M. TOWN HALL TIGARD CITY HALL, 13125 SW HALL BOULEVARD TIGARD, OR 97223 anyone wishing to speak an an agenda item should sign an the appropriate sign -in sheet(s). PUBLIC NOTICE: Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Monday prior to the meeting. Please call (503) 639 -4171, Ext. 320 (voice) or (503) 684 -2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for the following services: > Qualified sign language interpreters for persons with speech or hearing impairments; and > Qualified bilingual interpreters. Since these services must be scheduled with outside service providers, it is important to allow as much lead time as possible. Please notify the City of Tigard of your need(s) by 5:00 p.m. on the Wednesday preceding the meeting date at the same phone numbers as listed above if you are requesting such services. (OVER FOR HEARING AGENDA ITEM(S) CITY OF TIGARD HEARING'S OFFICER PAGE 1 OF 3 9/28/98 PUBLIC HEARING AGENDA • CITY OF TIGARD Community Deve&pment Shaping Better Community CITY OF TIGARD HEARINGS OFFICER SEPTEMBER 28,1998 -7:00 P.M. AGENDA CALL TO ORDER 2. PUBLIC HEARING 2.1 ELK HORN RIDGE SUBDIVISION Subdivision (SUB) 98 -0006 Sensitive Lands Review (SLR) 98 -0004 LOCATION: The subject properties are located on the north side of SW Bull Mountain Road, east of SW 129th Avenue. WCTM 2S109AD, Tax Lot 01100; 2S109AA, Tax Lot 03900; and 2S104DD, Tax Lot 07200. PROPOSAL: The applicant is requesting preliminary plat approval to subdivide approximately 12.38 acres for the creation of a 49 -lot subdivision. This application also involves a request for Sensitive Lands Review for steep slopes and drainageways. COMPREHENSIVE PLAN DESIGNATIONS: Medium Density Residential; 7 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 7 Units Per Acre; R -7. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.40, 18.52, 18.84, 18.88 18.92, 18.98, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. 2.2 LAUTT'S TERRACE SUBDIVISION Subdivision (SUB) 98 - 0005 LOCATION: 14140 SW 97th Avenue. WCTM 2S111BA, Tax Lot 08900. PROPOSAL: The applicant has requested subdivision approval to divide one (1) parcel of approximately 1.79 acres into eight (8) Tots ranging in size from 7,500 to 9,766 square feet. COMPREHENSIVE PLAN DESIGNATIONS: Low Density Residential; 1 -5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 7,500 Square Foot Minimum Lot Size; R-4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88 18.92, 18.96, 18.100, 18.102, 18.108, 18.160 and 18.164. CITY OF TIGARD HEARING'S OFFICER PAGE 2 OF 3 9/28/98 PUBLIC HEARING AGENDA • • 2.3 SUMMER CREEK WETLANDS ENHANCEMENT PROJECT Sensitive Lands Review (SLR) 98 -0008 LOCATION: The site is a portion of Summercreek, west of SW 121st Avenue, south of the Merestone Subdivision, northeast of Mary Woodward Elementary School and east of the Capstone Subdivision. WCTM 1S134CB, Tax Lot 03801; 1S134CC, Tax Lots 00900, 01000, 01100, 01200, 01300, 01400, 01500, 02000 and 05000. PROPOSAL: The applicant has requested Sensitive Lands Review approval for a water resources enhancement project. The project area is a lineal corridor of approximately 6.5 acres within a series of open space tracts of approximately 14 acres. Landform alterations involving 10,100 cubic yards is proposed with some 8,500 cubic yards of soil to be removed. The applicant proposes to construct a channel for Summercreek through the site with two (2) channel restrictions to force summer flows into newly created ponds and wetlands. Planting of native trees, shrubs, marsh and grass plantings are also proposed to establish wetlands and reduce water temperatures. COMPREHENSIVE PLAN DESIGNATIONS: Low Density Residential; 1 -5 Dwelling Units • Per Acre. ZONING DESIGNATION: Residential; 4.5. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.80, 18.84, 18.85 and 18.100. 3. OTHER BUSINESS 4. ADJOURNMENT • CITY OF TIGARD HEARING'S OFFICER PAGE 3 OF 3 9/28/98 PUBLIC HEARING AGENDA • • • Agenda Item: 2.2 Hearing Date: September 28. 1998 7:00 PM STAFF REPORT TO THE alto 6Hxep,'Wv �<a HEARINGS OFFICER CITY OF TIGARD Community Development FOR THE CITY OF TIGARD, OREGON Shaping Better Community SECTION I: APPLICATION SUMMARY CASE(S): FILE NAME: LAUTT'S TERRACE SUBDIVISION Subdivision SUB 98 -0005 PROPOSAL: The applicant has requested subdivision approval to divide one (1) parcel of approximately 1.79 acres into eight (8) lots ranging in size from 7,500 to 9,766 square feet. APPLICANT: Ronald Lautt OWNER: Same 10100 SW 97th Avenue Tigard, OR 97223 COMPREHENSIVE PLAN DESIGNATION: Low Density Residential; 1 -5 Dwelling Units Per Acre. ZONING DESIGNATION: Residential, 7,500 Square Foot Minimum Lot Size; R-4.5. LOCATION: 14140 SW 97th Avenue; WCTM 2S111 BA, Tax Lot 08900. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.96, 18.100, 18.102, 18.108, 18.150, 18.160 and 18.164. SECTION II: - STAFF RECOMMENDATION Staff recommends that the Hearing's Officer find that the proposed development will not adversely affect the health, safety, and welfare of the City. Therefore, staff recommends APPROVAL, subject to the following recommended Conditions of Approval: 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 1 OF 21 SUB 98-0005 - LAUTT'S TERRACE SUBDIVISION • 1 • • CONDITIONS OF APPROVAL ALL CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT WITH WASHINGTON COUNTY. Unless otherwise specified, the staff contact for all conditions is Brian Rager with the Engineering Department at 503 - 639 - 4171.) 1. Prior to approval of the final plat, 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. (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 exact legal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 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 applicant shall dedicate additional right -of -way along the frontage of SW 97th Avenue to provide 30 feet from centerline. This dedication shall be shown on the face of the final plat. 5. The applicant shall construct the following frontage improvements along SW 97th Avenue as a part of this project: a. 6 -foot concrete sidewalk; b. street trees behind the sidewalk spaced per TDC requirements; and c. streetlighting, as determined by the City Engineer. 6. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. 7. Lots in this subdivision shall not be permitted to access directly onto SW 97th Avenue. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 2 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • 8. The applicant shall dedicate on the face of the final plat access easements necessary to allow adjacent parcels to access SW Rhonda Court. The properties in question are those that presently are allowed access across the existing access easement. The applicant's construction plans shall also show how driveways will be provided to these adjacent parcels. 9. 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, as a part of the Engineering Department plan review. NOTE: An estimated 12 per cent of the water system costs must be on deposit with the Water Department prior to approval of the public improvement plans from the Engineering Department and construction of public water lines. 10. Final design plans and calculations for the proposed public water quality facility shall be submitted to the Engineering Department (Brian Rager) as a part of the public • improvement plans. Included with the plans shall be a proposed landscape plan (if a landscaped facility is proposed) to be approved by the City Engineer. The proposed facility shall be dedicated in a tract to the City of Tigard on the final plat. As a part of the improvement Manual for the proposed facility for approval by the Maintenance Services Director. The facility shall be maintained by the developer for a three -year period from the conditional acceptance of the public improvements. A written evaluation of the operation and maintenance shall be submitted and approved prior to acceptance for maintenance by the City. Once the three -year maintenance period is completed, the City will inspect the facility and make note of any problems that have arisen and require them to be resolved before the City will take over maintenance of the facility. In addition, the City will not take over maintenance of the facility unless 80 percent of the landscaping is established and healthy. If at any time during the maintenance period, the landscaping falls below the 80 percent level, the developer shall immediately reinstall all deficient planting at the next appropriate planting opportunity. 11. 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. 12. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the provisions for surface drainage of the Tots, and show that they will 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). 13. The applicant shall provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report shall be incorporated into the final grading plan. A final construction supervision report shall be filed with the Engineering Department prior to issuance of building permits. 14. 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 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 3 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • to the utility lines and will be $ 27.50 per lineal foot. If the fee option is chosen, the amount will be $ 5,280.00 and it shall be paid prior to approval of the final plat. 15. Final Plat Application Submission Requirements: A. Submit for City review three paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative; B. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard; C. The right -of -way dedication for SW 97th Avenue and the new street shall be made on the final plat; D. NOTE: Washington County will not begin their review of the final plat until they receive a letter from the City Engineering Department indicating: 1) that the • City has reviewed the final plat and submitted comments to the applicant's surveyor, and 2) that the applicant has either completed any public improvements associated with the project, or has at least obtained the necessary public improvement permit from the City to complete the work; and E. Once the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer's signature. 16. The applicant shall provide plans to the water Department for review and approval of the proposed water system including the proposed water connection, water meters and fire hydrants. STAFF CONTACT: Mike Miller, Water Department 17. Any existing homes that are to be kept shall be connected to sanitary sewer service. STAFF CONTACT: David Scott, Building Division. 18. The applicant shall pay a $295 Final Plat review check fee prior to submitting the final plat to the City for review. STAFF CONTACT: Mark Roberts, Planning Division. 19. The applicant shall either provide evidence that the accessory structure on Lot 3 is located in such a way that it meets setback standards or the structure shall be relocated or removed prior to plat recording. STAFF CONTACT: Mark Roberts, Planning Division. 20. Prior to recording the subdivision plat, the applicant shall provide a street tree planting plan that indicates the species, size and location of future required street trees. A bond or other method of assurance shall be provided prior to recording the subdivision plat in order to assure planting. Prior to release of the deposit, the street trees shall be planted. STAFF CONTACT: Mark Roberts, Planning Division. 21. The applicant shall also record a deed restriction for those trees that are to be preserved. The deed restriction may be removed or may be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. STAFF CONTACT: Mark Roberts, Planning Division. 22. The applicant shall also construct the recommended tree protection measures for trees that are recommended for preservation. The consulting arborist shall provide a written 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 4 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • report that these measures have been installed. STAFF CONTACT: Mark Roberts, Planning Division. 23. The applicant shall revise Lots 2 and 5 so that both have a minimum of 25 feet of frontage on the proposed Local Street. STAFF CONTACT: Mark Roberts, Planning Division. 24. The applicant shall provide a wetland's determination and /or delineation and where necessary make revisions to the plat to provide a 25 -foot buffer tract area, to any wetlands or other sensitive land's areas either on this property or on an adjoining property. STAFF CONTACT: Mark Roberts, Planning Division. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS: 25. Prior to final building inspection, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision plat. 26. 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 improvements are completely finished; and 4) all street lights are installed and ready to be energized. 27. 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. 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: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 5 OF 21 SUB 98 -0005 - LAUTTS TERRACE SUBDIVISION • • 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: As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. 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. 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: 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. 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: Three (3) copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 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. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation 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. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 6 OF 21 SUB 98-0005 - LAUTT'S TERRACE SUBDIVISION • • The following centerline monuments shall be set: 1. All centerline - centerline intersection points; • 2. All cul -de -sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul -de -sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.164 Street & Utility Improvement Standards: 18.164.120 Utilities 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. 18.164.130 Cash or Bond Required 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. 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. The cash or bond shall comply with the terms and conditions of Section 18.160.180. 18.164.150 Installation: Prerequisite /Permit Fee 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. • 18.164.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 7 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • 18.164.200 Engineer's Certification Required 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 subject Tax Lot 08900 was annexed into the City and received a zone change (ZC 6- 79) in 1979. A subdivision (S 5 -81) was approved in 1981 (current Tax Lots 00105 and 08900). A Minor Land Partition (MLP 19 -81) was approved in 1981 (current Tax Lots 00105 and 08900). A Subdivision (SUB 90 -0013) was denied by Council on appeal in 1990 (current Tax Lots 00105 and 08900). A Lot Line adjustment (MIS 91 -0003) was approved in 1991 (current Tax Lots 00105, 00114, and 08900). A Minor Land Partition (MLP 93 -0002) was approved in 1993 (current Tax Lots 09000 and 08900). A Lot Line Adjustment (MIS 94 -0001) was approved in 1994 (current Tax Lots 00105 and 00114). A Lot Line Adjustment (MIS 97- 0013) was approved in 1997 (current Tax Lots 00105, 00113 and 08900) to increase Tax Lot 08900 in size. No other development applications were found to have been filed with the City. Vicinity Information: To the west the property is adjoined by detached, single - family residences. To the south, the property abuts a detached, single - family residence near SW 97th Avenue. This property has vacant areas behind the home to the east. To the north, the property is adjoined by detached single family residences. To the east and southeast are developed with detached, single - family residences. Site Information and Proposal Description: The site slopes from the south west corner of the property towards the northeast corner a total of 18 feet over a distance of approximately 350 feet. The property is presently developed with detached, single - family residences. The subdivision plan indicates that a total of 24 trees exist on the property. The subdivision plan indicates that 10 of these trees are over 12 inches in diameter. Except for a 12 -inch Fir tree on Lot 3, these trees are primarily within 90 feet of the southern property line. The proposal is to subdivide a 1.79 acre parcel into 8 Tots to develop detached, single - family residences. A cul -de -sac public street is proposed to be developed as a project entry from SW 97th Avenue. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 8 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Impact Study: Section 18.32.050 states the applicant shall either specifically concur with a requirement for public right -of -way dedication, or provide evidence that supports that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Alternatively, an applicant may specifically concur with the requirement for dedication of right -of -way to the public and waive the impact study analysis by dedicating the right -of -way and completion of a waiver statement. An impact study was provided. The applicant proposes to develop under existing required system development fees and construct full street improvements for proposed Local Street and along the SW 97th Avenue project frontage. Any required street improvements to certain collector or higher volume streets, and the Washington County Traffic Impact Fee (TIF) are mitigation measures that are required at the time of development. Based on a transportation impact study prepared by Mr. David Larson for the A -Boy Expansion /Dolan II /Resolution 95 -61, TIF's are expected to recapture 32 per cent of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for each trip that is generated is $189.00 The total TIF for a detached, single - family dwelling is $1,890.00. The proposed Local Street, is not eligible for TIF Credits because the Local Street would serve the proposed development. Right -of -way dedication and half street improvements on the site's SW 97th Avenue frontage is assumed to cost $200 per lineal foot. Because the site has approximately 200 feet lineal feet of frontage, a total value for this proposed to street improvement is estimated at $40,000. It is estimated that a TIF credit for approximately 1/2 of the improvement costs to SW 97th Avenue or up to $20,000 would be allowed with construction of these improvements. Upon completion of the subdivision improvements, the future builders of the residences will be required to pay TIF's of approximately $15,120 ($1,890 x 8 dwelling units): Thus, only up to $15,120 credit can be realized against the estimated construction cost. Based on an estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of the project traffic impact on major streets is $45,360.00 ($5,670 x 8). Assuming the $40,000 street improvement cost is reduced by subtracting the largest potential TIF Credit of $15,120 this would leave a total net street improvement cost of $24,880. Because the project has a total estimated impact on Major Streets of $45,360, the proposed half street improvements along the SW 97th Avenue frontage is less than the cost of the impact of the development on the street system. For this reason it is recommended that the City accept the proposed Public Improvements under the recommended Conditions of Approval. Use Classification: Section 18.42 sets forth use definitions for use classifications. The applicant is proposing to create building sites for detached, single - family residences. This use is classified in Section 18.42 as single family detached residential dwelling. Section 18.42 lists detached, single - family residences as a permitted use in the R-4.5 Zoning District. The applicant proposes to develop 8 new detached, single - family residences that are one of the permitted uses within the R-4.5 Zoning District. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 9 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • • Dimensional Requirements: Section 18.50 states that the minimum lot area for each dwelling unit in the R-4.5 zoning district is 7,500 square feet. An average lot width requirement of 50 feet is required in the R-4.5 Zoning District. Each of the eight (8) proposed Tots exceeds the 7,500 square foot lot minimum, in compliance with this standard. Each of the eight (8) lots exceeds the 50 -foot average width requirement. Lot 8 is proposed to provide the narrowest width with an average width of approximately 70 feet. Development Standards: Section 18.50 contains standards for the R-4.5 Zoning District. 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 The preliminary plat submittal did not indicate the precise building envelope after subtraction of setbacks. However, the proposed building sites appear to be of sufficient width and depth to accommodate detached, single - family residences as proposed. Considering the location of the proposed property lines, the existing home will also comply with the R-4.5 Zoning District setback standards. Although no variance was requested as part of this application, the applicant requested a reduction to the 15 -foot rear yard setback to Lot 8 assuming the southern property line was considered the rear yard setback. The applicant requested that this setback be reduced to a 10 -foot setback. This lot is a corner lot , the Community Development Code allows for a choice as to the front, side and rear yard setbacks on corner lots where each lot side with street frontage has a minimum of 75 feet of frontage. Lot 8 as proposed would not exceed 75 feet of frontage along the SW 97th Avenue side. Therefore Lot 8's SW 97th Avenue street frontage is considered the front yard. The yard opposite SW 97th Avenue would then be considered the rear yard. For that reason Lot 8's southern property line would be considered an interior sideyard and have a 5 -foot side yard setback. For this reason no setback variance is necessary to develop within 5 feet of Lot 8's southern property line. Although this was not shown on the subdivision plat, an accessory shed structure exists approximately within the front yard area proposed as Lot 3. The applicant shall either provide evidence that the accessory structure on Lot 3 is located in such a way that it meets setback standards or the structure shall be relocated or removed prior to plat recording. Solar Access: Section 18.88.040(C)(1) contains solar access standards for new residential development. A subdivision complies with the design standards where 80% or more of the newly created parcels meet either the Basic Solar Access Standard, the Solar Building Line Option or the Performance Option. 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- 9-28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 10 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • west axis. Alternatively, an applicant can meet the City's Solar Access Standards by complying with the protected Solar Building Line Option or the Performance Option. Energy efficiency is ensured through the location of the residence with sufficient solar access or through the design of the homes that incorporates window glazing with solar orientation. An applicant can request an exception to the solar access standards based on the following development constraints: Site topography in excess of a 10 percent slope, shade from existing on -site or off -site vegetation or structures, significant natural features, existing street public easement patterns, impacts to density, cost or amenities of the project that adds five percent or more to the cost of each lot. To comply with the Basic Standard, a minimum of seven (7) of the eight (8) lots (or 80 per cent) are required to comply with the Basic Solar Access standard, the Solar Building Line Option, or the Performance Option. As designed, a total of four (4) of the Tots comply with the Basic Standard. Specifically Lots 4 -7 comply because they provide a minimum north - south dimension of 90 feet or more. Due to impacts to site density that would add more than 5 percent to the cost of each lot, it is recommended that the four (4) remaining lots be exempted from compliance with the standard. Specifically, the subdivision design exemption would apply to Lots 1 -3 and 8. Solar Balance Point: Section 18.88.050(B) requires that one and two (2) family residences that are developed on lots that were exempted from Compliance with the Basic Solar Access standards comply with the Solar Balance Point requirements. The Solar Balance Point standards may apply to this development at the time of Building Permit application. The plans for the residences to be built on each of the lots will be reviewed for conformance with the height and building design standards of the Solar Balance Point requirements. Each home will be required to be designed to ensure that the southem building elevation will have access to passive solar energy for heating and cooling purposes. The Solar Balance Point Standards apply to each lot whether they were exempted from the subdivision design standard or not. It should be noted that the repeal of the Solar Access standards will be effective November 26, 1998. Future Building Permit applications filed after the date of adoption would not be subject to the requirements of this standard. 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 and land dedicated for public roads or parks. The net area is then divided by the minimum parcel size permitted by the zoning district to determine the number of lots that may be created on a site. The applicant has provided calculations concerning the allowed density for this site. The total gross site area is 1.79 acres or 77,972 square feet. A total square footage of 15,594 square feet or 20 per cent of the site is deducted for areas dedicated to the public for right -of- way. This leaves a net buildable area of 62,377 square feet. By dividing the minimum lot size of 7,500 square feet into the net buildable area, the property has the area to yield up to eight (8) dwelling units. The applicant has proposed to develop a total of eight (8) new dwelling units and therefore the subdivision complies with the applicable density standards. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 11 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • Landscaping: Section 18.100 contains landscaping standards for new development. The applicant must also comply with the standards set forth in Section 18.100.035 that 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. 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; and 3. Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40 feet apart. The applicant's submittal discussed that a street tree planting plan would be provided as the project progressed. Prior to recording the subdivision plat the applicant shall provide a street tree planting plan that indicates the species, size and location of required street trees. A bond or other method of assurance shall also be provided prior to recording the subdivision plat to ensure planting. Prior to release of the deposit, the street trees shall be planted. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right -of -ways or the intersection of a public street and a private driveway. A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right -of -way and the driveway and then connecting these two (2) 30 foot distance points with a straight line. 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. Through the Building Permit review process, setbacks of the structures will be checked. Based on the location of the buildable areas within each lot, it is expected that future site improvements can comply with this requirement. Access: Section 18.108 sets minimum standards for access to residential development. As proposed all of the lots would utilize the proposed public street in compliance with this section. Project trip generation relative to the proposed street type and design is reviewed elsewhere within this report. 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. The applicant has provided an arborist report identifies all existing trees greater than 12 inches in diameter. The subdivision plan states that ten (10) of these twelve (12) trees are in excess of 12 inches in diameter. The proposed site plan identifies a total of two (2) of these trees that will need to be removed to develop Lot 6. An additional three (3) 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 12 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • trees will also need to be removed on this lot but these trees are less than 12 inches in diameter. Due to the property configuration it does not appear possible to work around these trees. Since the applicant is retaining more than 75 percent of the existing trees, Section 18.150.070.D does not require tree mitigation for trees that are to be lost. Prior to recording the plat, the applicant shall record a deed restriction for those trees that are to be preserved. The applicant shall also construct recommended tree protection measures to preserve the dripline area of these trees. 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; 2. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92; 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; and 4. An explanation has been provided for all common improvements. Compliance with the standards listed in Criterion 1 are addressed elsewhere within this staff report. The proposed Lautt's Terrace plat name is not known to duplicate other plats as, required by Criterion 2. The proposal addresses Criterion 3 because street improvements for the new Local Street and property frontage requirements for the SW 97th Avenue frontage are proposed. No common areas have been proposed as part of this subdivision, therefore, Criterion 4 is met. Street and Utility Improvements Standards: Section 18.164 contains the following standards for streets and utilities serving a subdivision: Street 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. The applicant has agreed to provide street improvements such as curb, gutter, and sidewalk along the property frontage on SW 97th Avenue and the proposed Local Street, "SW Rhonda Court", through this development. Conditions of Approval related to the timing and construction of these improvements have been recommended. • Minimum Rights -of -Way and Street Widths: Section 18.164.030(E) provides a range for Public Streets to be developed for Local Street purposes. This chart provides a range for right -of -way and street widths. The right -of -way width range provided for this purpose is 36 to 50 feet. The street width range is 24 to 34 feet of width. The applicant has proposed the use of a public street to serve the existing and new residences. This street, as proposed, has a total right -of -way of 44 feet with a paved section of 28 feet. It is expected that this facility will need to accommodate 130 vehicle trips per day based on the proposed eight (8) dwelling units and the other five (5) existing dwelling units that would utilize this street for access. Based on the estimated number of trips, the street design as proposed is consistent with the Local Street classification. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 13 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION . • 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. 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. This site is a small infill property within a largely developed area. The extension of a street to the south towards SW Mountain View Lane is considered to be precluded because the existing residence on Tax Lot 00107 to the south dictates that the alignment of the street extend through a substantial portion of Lots 5 and 6 which would likely make the creation of one of these Tots impossible. Extending a street in this area would also require the removal of most or all of the existing trees on proposed Lot 6. For these reasons it is not recommended that a street extension be required. Street Alignment and Connections: Section 18.164.030(G) requires all local streets that 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 site is a small infill property within a largely developed area. The extension of a street to the south towards SW Mountain View Lane is considered to be precluded because the existing residence on Tax Lot 00107 to the south dictates that the alignment of the street extend through a substantial portion of Lots 5 and 6 which would likely make the creation of one of these Tots impossible. Extending a street in this area would also require the removal of most or all of the existing trees on proposed Lot 6. For these reasons it is not recommended that a street extension be required. Curbs, Curb Cuts. Ramps. and Driveway Approaches: Section 18.164.030(N) requires the following: 1. Concrete curbs, curb cuts, wheelchair, bicycle ramps and driveway approaches shall be constructed in accordance with standards specified in this chapter and Section 15.04.080, and; A. Concrete curbs and driveway approaches are required; except B. Where no sidewalk is planned, an asphalt approach may be constructed with City Engineer approval; and C. Asphalt and concrete driveway approaches to the property line shall be built to City configuration standards. Through the required engineering plans, these street improvements will be reviewed and approved by the Engineering Department for the applicant's frontage within the subdivision. Future curb, gutter, and sidewalk for these streets will be provided in accordance with City standards. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 14 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • • 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. The proposed development of SW Rhonda Court would serve the proposed development but is not proposed to be extended to serve adjoining future and /or existing development. Considering other existing residential development in this area, the extension of a Local Street to the south, is the most that would appear possible in terms of a street extension. However, the existing residence on Tax Lot 00107 to the south dictates that the alignment of the street extend through a substantial portion of Lots 5 and 6 that would likely make the creation of one of these lots impossible. Extending a street in this area would also require the removal of most or all of the existing trees on proposed Lot 6. For these reasons it is not recommended that a street extension be required. 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: A. Where street location is precluded by natural topography, wetlands or other bodies of water or, pre -existing development; or B. For blocks adjacent to arterial streets, limited access highways, major collectors or railroads; and C. For non - residential blocks in which internal public circulation provides equivalent access. Because the proposed cul -de -sac street would not be extended in the future and is approximately a 270 -foot length this block would not exceed an 1,800 foot length. Extension of another street connection to SW 97th Avenue is not possible given the limited 200 feet of site frontage. Considering other existing residential development in this area, the extension of a Local Street to the south, is the most that would appear possible in terms of a street extension. However, the existing residence on Tax Lot 107 to the south dictates that the alignment of the street extend through a substantial portion of Lots 5 and 6 that would likely make the creation of one of these lots impossible. Extending a street in this area would also require the removal of most or all of the existing trees on proposed Lot 6. For these reasons it is not recommended that a street extension be required. 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. The proposed block length of SW Rhonda Court will not exceed 600 feet as proposed. At its longest length the street would have a length of 280 feet. For this reason a requirement for a mid block pedestrian connection is not required. 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. The subdivision, as designed, complies with this standard. None of the proposed lots will exceed a 2.5 to 1 length to depth ratio. Lot Frontage: Section 18.164.060(B) requires that Tots have at least 25 feet of frontage on public or private streets, other than an alley. The minimum frontage width standard is met for 6 of the 8 Tots because they have frontage in excess of the 25 -foot minimum 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 15 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • requirement. The applicant shall revise Lots 2 and 5 so that both are provided with a minimum of 25 feet of frontage on the proposed Local Street. Sidewalks: Section 18.164.070 requires sidewalks adjoining all residential streets. Sidewalks have been proposed to be provided within the development. Full half - street improvements along the applicant's frontage on SW 97th Avenue are recommended at this time. The proposed Local Street is also proposed to be Local Street standards with required finished street improvements such as curb, gutter and sidewalk. Sanitary Sewers: Section 18.164.090 requires sanitary sewer service. Sanitary sewer facilities are to be extended from a sewer line within SW 97th Avenue. The applicant also proposes to connect sanitary sewer laterals to an existing line that exists along the northern property line. The applicant's engineer states that these lines have sufficient capacity to meet the additional demand that will be created by the development of this subdivision. Storm Drainage: Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. The applicant proposes to direct storm water from this subdivision, to a line that is existing along the northern property line of this property and /or to a line that crosses the property and exists along the northern property line. The applicant has provided a preliminary downstream analysis that demonstrates existing facilities have sufficient capacity to handle the increase in storm water runoff that is created by this development. PUBLIC FACILITY CONCERNS: Section's 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), 18.164.100 (Storm Drains) and 18.164.120 (Overhead Utilities) are required to be addressed through the development review process. A review of required Water Quality Treatment, Erosion Control and Water Service have also been provided below: STREETS: SW 97th Avenue This site is adjacent to SW 97th Avenue, which is classified as a major collector street on the City's Transportation Plan Map. This roadway requires a 60 -foot right -of -way (ROW) (30 feet each side of centerline). At present, there is approximately 30 feet of ROW adjacent to Tax Lot 08900, but only 25 feet adjacent to Tax Lot 00113. The applicant has indicated that they will dedicate additional ROW on 97th Avenue to provide 30 feet from centerline. The roadway is paved to City standards in this area and there is curb on the east side of the roadway. The applicant should be conditioned to provide a concrete sidewalk, street trees and streetlights (if necessary) adjacent to the frontage to complete the street improvement. SW Rhonda Court The applicant proposes to construct a new public street, to be called SW Rhonda Court, into this project from SW 97th Avenue. This new street will be a cul -de -sac and is proposed to be built with a paved width of 28 feet inside a 42 -foot ROW. The narrower 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 16 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • width is allowed by TDC 18.164.030.E, because it is a street where the average daily traffic (ADT) will likely fall below 500 vehicles per day. At present, there are a number of parcels that access SW 97th Avenue via an access easement over this parcel. The applicant's intent is to replace that access easement with SW Rhonda Court and other revised access easements such that these properties are allowed to take direct access onto SW Rhonda Court. Staff approves of this concept, but the preliminary plan is unclear as to how the new access easements will be configured. Prior to approval of the final plat, the applicant shall submit a detailed plan that shows how the adjacent parcels will be granted access rights over the applicant's property to reach SW Rhonda Court. WATER: This site will be served from the City's public water system. The applicant proposes to construct a new public water line from SW 97th Avenue into this site with the SW Rhonda Court street improvements. Final design of the water line shall be reviewed and approved by the City prior to construction. SANITARY SEWER: There are two existing public sanitary sewer lines that either abut or cross through this site. One line is located adjacent to the north property line and runs west to east. The other sewer line is adjacent to the proposed northerly lot lines of Lots 5, 6 and 7 and then makes a bend to the east of Tax Lot 09000 and heads north to intersect with the previously mentioned sewer line. The applicant's plan does not accurately reflect the location of these existing lines. Because of the close proximity of these sewer lines, the applicant is able to simply extend sewer service laterals from the main lines to serve these lots. Prior to construction, the applicant's engineer will need to submit construction plans that accurately reflect the location of the existing sewer lines and proposed service lateral locations. STORM DRAINAGE: The topography, of this site falls primarily to the northeast. There is an existing public storm drainage line that abuts the northerly property line of this site and flows north to tie into the storm drainage system in SW McDonald Street. The applicant's engineer submitted a downstream analysis which shows that the increased runoff from this site will have a negligible impact on the downstream storm drainage system. The applicant's plan indicates that the runoff from the new street and lots will be directed into a new public storm drainage line that will tie into the existing storm line. A final design of the proposed storm drainage line and connection shall be reviewed and approved by the City prior to construction. STORM WATER QUALITY: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96 -44) which require the construction of on -site 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 17 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • 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. In addition, a maintenance plan is required to be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the USA Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. The applicant's narrative indicates that they plan to install a water quality manhole that will meet USA design standards. Staff is not sure that a manhole alone will meet the standards; the applicant may need to design additional measures to supplement the proposed manhole in order to meet the design standards. Prior to the City accepting the proposed facility as a public facility, the developer shall maintain it for a minimum of three years after construction is completed. If a pond or other such landscaped facility is proposed, it shall be placed in a tract and conveyed to the City on the final plat. The developer will be required to submit annual reports to the City which show what maintenance operations were conducted on the facility for that year. Once the three -year maintenance period is completed, the City will inspect the facility and make note of any problems that have arisen and require them to be resolved before the City will take over maintenance of the facility. In addition, the City will not take over maintenance of the facility unless 80 percent of the landscaping is established and healthy. If at any time during the maintenance period, the landscaping falls below the 80 percent level, the developer shall immediately reinstall all deficient planting at the next appropriate planting opportunity. GRADING AND EROSION CONTROL: USA Design and Construction Standards also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The applicant's design engineer will be required to prepare a final grading plan for review and approval. 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). The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision • report must be filed with the Engineering Department prior to issuance of building permits. 9 -28 -98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 18 OF 21 SUB 98 -0005 - LAUTTS TERRACE SUBDIVISION • • 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. The frontage along this site is 192 lineal feet; therefore the fee would be $ 5,280.00. SECTION V: OTHER STAFF COMMENTS The Building Division reviewed this proposal and have offered the following comments: Cul -de -sac shall have a minimum turning radius of 25 feet inside and 45 feet outside. No parking signage shall be posted on one (1) side of SW Rhonda Court for fire truck access. All roof perimeter and underfloor drainage shall be tight piped or to an approved drainage system Lots 1 -4). A Fire Hydrant shall be provided at the intersection of SW Rhonda Court and SW 97th Avenue. SW Rhonda Court and the other proposed storm drainage system must meet the requirements of the Uniform Plumbing Code Chapter 11. Note: In 1994 when the City reduced the cul -de -sac size requirements in response to the State's Transportation Planning Rule the Tualatin Valley Fire District was involved in the review of those changes. The Community Development Code allows for a 35 foot paved street section radius. Based on the Uniform Fire Code requirements, the Building Department can require other Fire and Life Safety upgrades because the paved cul -de -sac radius would not meet minimum Uniform Fire Code standards. The Water Department reviewed this proposal and have offered the following comments: The preliminary plan does not indicate the location a water connection, meters or fire hydrant placement. Water service to Tax Lot 00109 needs to be addressed with the development of this project. Note: A Condition of Approval has been recommended requiring review and approval of the proposed water system to serve this site. Tax Lot 00109 is developed and currently provided with water service, however a utility easement may need to be provided as part of this subdivision for existing utilities to Tax Lots 00109, 09000 and 00114. The Police Department reviewed this proposal and have offered the following comments: It appears that SW Rhonda Court would more appropriately named SW Elrose Court as it looks to be consistent throughout in efforts to reduce delays by emergency service providers. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 19 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • Note: Further east of the subdivision a street has already been named SW Elrose Court, so the use of the same name would result in more confusion than the proposed name. For this reason no name change of the proposed street is recommended. Other affected departments have reviewed this application and have offered no additional comments or objections. SECTION VI: AGENCY COMMENTS The Unified Sewerage Agency reviewed this application and had 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 Sewage Agency's Construction Design Standards, July 1996 edition). Engineer should verify that 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, o r extend . storm service as required by R &O 96 -44. Hydraulic and hydrologic analysis of storm conveyance system is necessary. If downstream conveyance does not have 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. SENSITIVE AREA A "Sensitive Area" may exist. Developer must preserve a 25 -foot corridor as described in R &O 96 -44, separating the sensitive area from the impact of development. The creek wetland /sensitive area shall be identified on plans. Note: A Condition of Approval has been included that requires the applicant to provide a wetland's determination and /or delineation. Where necessary, the applicant shall make revisions to the plat to provide a 25 foot buffer to any wetlands either on this property or on an adjoining property. Other affected agencies have reviewed this application and have offered no additional comments or objections. 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 20 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • • 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. 7////41 / September 21.1998 PREPARED BY: Mark Roberts DATE Associate Planner, AICP ► �� / September 21,1998 APP - OVED BY: Richard Bewe sd • s DATE Planning Manag-f I: \C U RP LN \MAR KR \S U B D I VS \S U B98 -05. DO C 9 -28-98 PUBLIC HEARING STAFF REPORT TO THE HEARINGS OFFICER PAGE 21 OF 21 SUB 98-0005 - LAUTTS TERRACE SUBDIVISION • . • ' • >: VI z P � \oN 0 r O P 30.00' ' S... 5 1 ` C � ` 4 I SIORN o•-• I L _ S,RUO,U Q L� p'• r _ 194.3 3 88. M _ 7 7 . 30. FEE 11�o 1 .211 '- i — 5 88'47 044 E - -- _. --I-- I"; S 01 W - - -� - - 5 . -- ♦^ F SO ;*r « 8.57 8 %. 96.34 v o TAX OT 105 e 3 E � , OMNFR: - ON LAUTT LOT 2 ' -22 SF °' TAX LOT 114 9 m 99e9� 127.34' n' 7100E 1060. PAGE 639 a r m 1- T 1 , 13.59' I p ilk , 119.51' LOT • • . - . 8328 SF 3 at v .9• —w I J L. 3 I 10 . 6• �s /� 6122 . IL � „ s � wse f.l. �� [. 3 I T • LOT HO Q 71a- �� 0 THOMAS PARKER STREET AN [ . ,� 12' • i ` TAX LOT 9000 ( ooG H• 9 �. 93-26664 ■�' OWNER: RON LAUTT <lc iji re �1 " : � � , RELOCA D•15' LOT 8 �` L V 97 J' .c 4 '�_41•SEMEN �' 89 - __ ""1"1" — — _ 1..� __11_ 14 • 0.01' iii& _ 1'44.9,' 1p immi ® 20'moPl. LO ` 1 10'CEDAR 'QOCEDAR U. 23.16' 1, .•CECAR 2 mag) gi 14'QDAR O ao ••• map LOT $ '• �� 76 S F N IIIIIIIIh.4:2 LOT 7 1+ CEDAR N 7500 sF4 CED� �J 2-CEDAR r. �'� TAX LOT 713 0 AR M ®� O Q S 7300 sr 20• FIR - 8•CFDAR ..1 0 • ER: RON IAUTT _2 e• `!� 74.046- F1R 19'791• e'CEDAR _ S.0' 46 • I 123.16' 4 14 Flit •, 10'CEDAR . TAX LOT 107 (MlEM AASE OTTO ■ . SITE PLAN CASE Lautt's Terrace EXHIBIT MAP • Subdivision • SUB 98 -0005 • . • 4 CITY of TIGARD • GEOGRAPHIC INFORMATION SYSTEM VICINITY MAP • • i ik0 X / � co SUB 98 -0005 11 y /<<V CT - • Lautt -\ olit • . _ SUBJECT Terrace PARCEL Subdivision , • MCDONALD STREET 7 — I ' P ip .. - OIIIIII `.� JANZEN : • E 0 a (0 r I ROSF, V H ^ _ 0 co I — • / N Mountain / 0 100 200 300 400 Feet D 1 1 "= 279 feet IIINI 4 7 1 .l killi VI F'JV TF R - - . T City of Tigard 1 .. — rAil � J Information on this map is for general location only and should be verified with the Development Services Division. 13125 Hl Blvd Ti gard, , O OR 97223 (503) 639 -4171 http:dwww.ci.tigard.or.us Community Development Plot date: Sep 4, 1998; CAmaglc‘MAGICO2.APR MEMORANDUM CITY OF TIGARD, OREGON DATE: September 16, 1998 TO: Mark Roberts, Associate Planner FROM: Brian Rager, Development Review Engineer RE: SUB 98 -0005, Lautt's Terrace Subdivision Description: This application is for the division of one parcel of land into eight lots. The site is located south of SW McDonald Street and east of and adjacent to SW 97th Avenue (WCTM 2S1 11 BA, Tax Lot 8900). • Findings: 1. Streets: SW 97th Avenue This site lies adjacent to SW 97th Avenue, which is classified as a major collector street on the City's Transportation Plan Map. This roadway requires a 60 -foot right -of -way (ROW) (30 feet each side of centerline). At present, there is approximately 30 feet of ROW adjacent to Tax Lot 8900, but only 25 feet adjacent to Tax Lot 113. The applicant has indicated that they will dedicate additional ROW on 97th Avenue to provide 30 feet from centerline. The roadway is paved to City standards in this area and there is curb on the east side of the roadway. The applicant should be conditioned to provide a concrete sidewalk, street trees and streetlights (if necessary) adjacent to the frontage to complete the street improvement. SW Rhonda Court The applicant proposes to construct a new public street, to be called SW Rhonda Court, into this project from SW 97th Avenue. This new street will be a cul -de -sac and is proposed to be built with a paved width of 28 feet inside a 42 -foot ROW. The narrower width is allowed by TDC 18.164.030.E, because it is a street where the average daily traffic (ADT) will likely fall below 500 vehicles per day. ENGINEERING COMMENTS SUB 98 -0005 Lautt's Terrace Subdivision PAGE 1 • • At present, there are a number of parcels that access SW 97th Avenue via an access easement over this parcel. The applicant's intent is to replace that access easement with SW Rhonda Court and other revised access easements such that these properties are allowed to take direct access onto Rhonda Court. Staff approves of this concept, but the preliminary plan is unclear as to how the new access easements will be configured. Prior to approval of the final plat, the applicant shall submit a detailed plan that shows how the adjacent parcels will be granted access rights over the applicant's property to reach SW Rhonda Court. 2. Water: This site will be served from the City's public water system. The applicant proposes to construct a new public water line from SW 97th Avenue into this site with the Rhonda Court street improvements. Final design of the water line shall be reviewed and approved by the City prior to construction. 3. Sanitary Sewer: There are two existing public sanitary sewer lines that either abut or cross through this site. One line is located adjacent to the north property line and runs west to east. The other sewer line lies adjacent to the proposed northerly lot lines of Lots 5, 6 and 7 and then makes a bend to the east of Tax Lot 9000 and heads north to intertie with the previously mentioned sewer line. The applicant's plan does not accurately reflect the location of these existing lines. Because of the close proximity of these sewer lines, the applicant is able to simply extend sewer service laterals from the main lines to serve these lots. Prior to construction, the applicant's engineer will need to submit construction plans that accurately reflect the location of the existing sewer lines and proposed service lateral locations. 4. Storm Drainage: The topography of this site falls primarily to the northeast. There is an existing public storm drainage line that abuts the northerly property line of this site and flows north to tie into the storm drainage system in SW McDonald Street. The applicant's engineer submitted a downstream analysis which shows that the increased runoff from this site will have a negligible impact on the downstream storm drainage system. The applicant's plan indicates that the runoff from the new street and lots will be directed into a new public storm drainage line that will tie into the existing storm line. A final design of the proposed storm drainage line and ENGINEERING COMMENTS SUB 98 -0005 Lautt's Terrace Subdivision PAGE 2 • • connection shall be reviewed and approved by the City prior to construction. 5. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 96 -44) which require the construction of on -site water quality facilities. 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. In addition, a maintenance plan is required to be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the USA Design Standards. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to construction. The applicant's narrative indicates that they plan to install a water quality manhole that will meet USA design standards. Staff is not sure that a manhole alone will meet the standards; the applicant may need to design additional measures to supplement the proposed manhole in order to meet the design standards. Prior to the City accepting the proposed facility as a public facility, the developer shall maintain it for a minimum of three years after construction is completed.. If a pond or other such landscaped facility is proposed, it shall be placed in a tract and conveyed to the City on the final plat. The developer will be required to submit annual reports to the City which show what maintenance operations were conducted on the facility for that year. Once the three -year maintenance period is completed, the City will inspect the facility and make note of any problems that have arisen and require them to be resolved before the City will take over maintenance of the facility. In addition, the City will not take over maintenance of the facility unless 80 percent of the landscaping is established and healthy. If at any time during the maintenance period, the landscaping falls below the 80 percent level, the developer shall immediately reinstall all deficient planting at the next appropriate planting opportunity. 6. Grading and Erosion Control: USA Design and Construction Standards also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, ENGINEERING COMMENTS SUB 98 -0005 Lautt's Terrace Subdivision PAGE 3 • • grading, excavating, clearing, and any other activity which accelerates erosion. Per USA regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The applicant's design engineer will be required to prepare a final grading plan for review and approval. The plan shall detail the provisions for surface drainage of the Tots 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). The applicant will also be required to provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report will need to be incorporated into the final grading plan and a final construction supervision report must be filed with the Engineering Department prior to issuance of building permits. 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. The frontage along this site is 192 lineal feet; therefore the fee would be $ 5,280.00. 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, 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. (NOTE: these plans are in addition to any drawings required by the Building Division ENGINEERING COMMENTS SUB 98 -0005 Lautt's Terrace Subdivision PAGE 4 • • 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 exact legal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 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 applicant shall dedicate additional right -of -way along the frontage of SW 97th Avenue to provide 30 feet from centerline. This dedication shall be shown on the face of the final plat. 5. The applicant shall construct the following frontage improvements along SW 97th Avenue as a part of this project: a. 6 -foot concrete sidewalk b. street trees behind the sidewalk spaced per TDC requirements c. streetlighting, as determined by the City Engineer. 6. Full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. 7. Lots in this subdivision shall not be permitted to access directly onto SW 97th Avenue. 8. The applicant shall dedicate on the face of the final plat access easements necessary to allow adjacent parcels to access SW Rhonda Court. The ENGINEERING COMMENTS SUB 98 -0005 Lautt's Terrace Subdivision PAGE 5 • • properties in question are those that presently are allowed access across the existing access easement. The applicant's construction plans shall also show how driveways will be provided to these adjacent parcels. 9. 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, as a part of the Engineering Department plan review. NOTE: An estimated 12% of the water system costs must be on deposit with the Water Department prior to approval of the public improvement plans from the Engineering Department and construction of public water lines. 10. Final design plans and calculations for the proposed public water quality facility shall be submitted to the Engineering Department (Brian Rager) as a part of the public improvement plans. Included with the plans shall be a proposed landscape plan (if a. landscaped facility is proposed) to be approved by the City Engineer. The proposed facility shall be dedicated in a tract to the City of Tigard on the final plat.. As a part of the improvement Manual for the proposed facility for approval by the Maintenance Services Director. The facility shall be maintained by the developer for a three -year period from the conditional acceptance of the public improvements. A written evaluation of the operation and maintenance shall be submitted and approved prior to acceptance for maintenance by the City. Once the three - year maintenance period is completed, the City will inspect the facility and make note of any problems that have arisen and require them to be resolved before the City will take over maintenance of the facility. In addition, the City will not take over maintenance of the facility unless 80 percent of the landscaping is established and healthy. If at any time during the maintenance period, the landscaping falls below the 80 percent level, the developer shall immediately reinstall all deficient planting at the next appropriate planting opportunity. 11. 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. 12. 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, and show that they will 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). ENGINEERING COMMENTS SUB 98 -0005 Lautt's Terrace Subdivision PAGE 6 • • 13. The applicant shall provide a geotechnical report, per Appendix Chapter 33 of the UBC, for the proposed grading slope construction. The recommendations of the report shall be incorporated into the final grading plan. A final construction supervision report shall be filed with the Engineering Department prior to issuance of building permits. 14. 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, the amount will be $ 5,280.00 and it shall be paid prior to approval of the final plat. 15. Final Plat Application Submission Requirements: A. Submit for City review three paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. C. The right -of -way dedication for SW 97th Avenue and the new street shall be made on the final plat. D. NOTE: Washington County will not begin their review of the final plat until they receive a letter from the City Engineering Department indicating: 1) that the City has reviewed the final plat and submitted comments to the applicant's surveyor, and 2) that the applicant has either completed any public improvements associated with the project, or has at least obtained the necessary public improvement permit from the City to complete the work. E. Once the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer's signature. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: 16. Prior to final building inspection, the applicant shall provide the Engineering Department with a recorded mylar copy of the subdivision plat. ENGINEERING COMMENTS SUB 98 -0005 Lautt's Terrace Subdivision PAGE 7 • • 17. 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 improvements are completely finished, and 4) all street lights are installed and ready to be energized. 18. 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. ADDITION;THE 'APPLICANT:: SHOULD > BE AWARE::OFTHE' • FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT :; COD THIS IS NOTANEXCLUSIVE : LIST: 18.160.170 Improvement Agreement: Before City approval is certified on the final plat, and before approved construction plans are issued by the City, the Subdivider shall: 1. Execute and file an agreement with the City Engineer specifying the period within which all required improvements and repairs shall be completed; and 2. Include in the agreement provisions that if such work is not completed within the period specified, the City may complete the work and recover the full cost and expenses from the subdivider. 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: As required by Section 18.160.170, the subdivider shall file with the agreement an assurance of performance supported by one of the following: ENGINEERING COMMENTS SUB 98 -0005 Lautt's Terrace Subdivision PAGE 8 • • 1. An irrevocable letter of credit executed by a financial institution authorized to transact business in the State of Oregon; 2. A surety bond executed by a surety company authorized to transact business in the State of Oregon which remains in force until the surety company is notified by the City in writing that it may be terminated; or 3. Cash. 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. 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: • 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. 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: Three copies of the subdivision plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. 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. STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS: Centerline Monumentation 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. ENGINEERING COMMENTS SUB 98 -0005 Lautt's Terrace Subdivision PAGE 9 . . • The following centerline monuments shall be set: 1. All centerline - centerline intersection points; 2. All cul -de -sac center points; and 3. Curve points, beginning and ending points (PC's and PT's). All centerline monuments shall be set during the first lift of pavement. Monument Boxes Required Monument boxes conforming to City standards will be required around all centerline intersection points, cul -de -sac center points, and curve points. The tops of all monument boxes shall be set to finished pavement grade. 18.164 Street & Utility Improvement Standards: 18.164.120 Utilities 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. 18.164.130 Cash or Bond Required 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. 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. The cash or bond shall comply with the terms and conditions of Section 18.160.180. 18.164.150 Installation: Prerequisite /Permit Fee ENGINEERING COMMENTS SUB 98 -0005 Lautt's Terrace Subdivision PAGE 10 • • 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. 18.164.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.164.200 Engineer's Certification Required 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. \eng \brianr\com ments\sub98 -05. bdr ENGINEERING COMMENTS SUB 98 -0005 Lautt's Terrace Subdivision PAGE 11 • 111 UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY RECEIVED PLANNING MEMORANDUM S E P 1 0 1998 CITY OF TIGARD DATE: September 9, 1998 TO: Mark Roberts, City of Tigard FROM: Julia Huffman, USA SUBJECT: Lautt's Terrace Subdivision, SUB 98 -0005 SANITARY SEWER Each lot within the development should 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 Standards, July 1996 edition). Engineer should verify that public sanitary sewer is available to uphill 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 uphill 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. SENSITIVE AREA A "Sensitive Area" exists. Developer must preserve a 25 -foot corridor as described in R &O 96- 44 separating the sensitive area from the impact of development. The creek, wetland/sensitive area shall be identified on plans. 155 North First Avenue, Suite 270, MS 10 Phone: 503/648 -8621 Hillsboro, Oregon 97124 -3072 FAX: 503/640 -3525 • • REQUEST FOR COMMENTS CITY OF I Community Devetopment ShapingA Better Community DATE: August 28,1998 TO: Jim Wolf, Tigard Police Department Crime Prevention Officer FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts, Associate Planner [Ext. 3171 Phone: 15031 639-4171 Fax: 150316847297 RE: SUBDIVISION [SUB) 98 -0005 ➢ LAUTT'S TERRACE SUBDIVISION Q A request to divide four (4) lots into eight (8) lots that would range in size from 7,500 square feet to 9,776 square feet. LOCATION: 14100 SW 97th Avenue; WCTM 2S111 BA, Tax Lots 00113 and 08900. ZONE: R -4.5; Single - Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R -4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.94, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [TUESDAY - SEPTEMBER 8,19981. You may use the space provided below or attach a separate letter to return your comments. If You are unable to respond by the above date, please phone the staff - contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. 7 Written comments provided below: 1k oxuat4 AV glogx, SIC W oft \IL `coop ootogi■a YvarN A cm, Nk- \onks - \ce c \5wsteNk WPM \ tvoi . 'snl 94a. kik o t off✓ givieksoftty Se4J cx Vo das c Y1q &o jt SMtik C IW i OA4a`tC a(V�. (pJfi� ( M 4%Ori )1 4, «'& C'- ,� M 4 � J AID efinoSevAbey. 4 ��+ (Blease provide the following information) Name of Persons) Commenting: vwM Woc Phone Number(s): lac> SUB 98 -0005 - LAUTT'S TERRACE SUBDIVISION PROPOSALREQUEST FOR COMMENTS • • • Allp‘ REQUEST FOR COMMENTS O CITY OF TIGARD Community Development IVED.f14 IGBetter Community DATE: August 28,1998 S E P 0 3 1998 TO: John Roy, Property Manager /Operations Department CITY OF TIGARD FROM: City of Tigard Planning Division STAFF CONTAC . Mark Roberts, Associate Planner (Ext. 3111 Phone: [5031639 - 4111 Fax: [50316841291 RE: SUBDIVISION (SUBI 98 -0005 ➢ MUTT'S TERRACE SUBDIVISION < A request to divide four (4) lots into eight (8) lots that would range in size from 7,500 square feet to 9,776 square feet. LOCATION: 14100 SW 97th Avenue; WCTM 25111 BA, Tax Lots 00113 and 08900. ZONE: R -4.5; Single - Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R -4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.94, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: (TUESDAY - SEPTEMBER 8,19981. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. r PL9SE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: V PTase provide the fodowing information) Name of Perseids] Commenting: Phone Numbertsl: SUB 98 -0005 - LAUTT'S TERRACE SUBDIVISION PROPOSAUREQUEST FOR COMMENTS • • ,,N91%) 141 REQUEST FOR COMMENTS CITY OF TIGARD o munity Devetopment RECEIVED 1 1) ! A Better Community DATE: August 28,1998 S E P 0 3 1998 TO: David Scott, Building Official G U OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts, Associate Planner IExt 3171 Phone: (5031639 -4111 Fax: 15031684-1297 RE: SUBDIVISION (SUBI 98 -0005 ➢ LAUTT'S TERRACE SUBDIVISION < A request to divide four (4) lots into eight (8) lots that would range in size from 7,500 square feet to 9,776 square feet. LOCATION: 14100 SW 97th Avenue; WCTM 2S111 BA, Tax Lots 00113 and 08900. ZONE: R -4.5; Single - Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R -4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.94, 18. 100, 18. 102, 18. 106, 18.108, 18.150, 18.160 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: (TUESDAY - SEPTEMBER 8, 19981 You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. Written comments provided below: fa C s L , /) he v. 7 ► r1 _ 7 ► �; r4 I tJ !tJ- ?-cr l "7 J1))-C__ z_ Po J1l� 11 7 kI)l / / >Gh/ elhd • hr r ›- I1 — j U - .11» --e ®,L RAIIa.. at fo — 1 �.tlloff 4 co A ' �o .�riy,� T.Y ��6 /fr )\, 1 vr r 4,4) ) h613-f eip 4 e ree '-v A )- ■ r)-t , e Lu > Ll Yf 4 2 3 4.../ 6 3 - 0 - j Y't ell" of ri f a) , (.2 GSA 697)4 et fi: ti r ekrf 7 , ,/ C7- 4 o 1 r cy - 7s, p 1- r'-Q a of pit l°�de . . 0 " 1 1. v I � (Please provide the foarwing information) Name of Person(s) Commenting: Phone Numberts): 3 1 L SUB 98 -0005 - LAUTT'S TERRACE SUBDIVISION PROPOSAL/REQUEST FOR COMMENTS • • t i REQUEST FOR COMMENTS CITY OF TIGARD C ommunity DeveCopment Shaping A Better Community RECEIVED PLANNING DATE: August 28,1998 SEP 0 3 1998 TO: Michael Miller, Operations Utility Manager city OF TIGARD FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts, Associate Planner [Eat. 3171 Phone: (503) 639 - 4171 Fax: 1503) 684 RE: SUBDIVISION [SUB) 98 -0005 ➢ MUTTS TERRACE SUBDIVISION < A request to divide four (4) Tots into eight (8) lots that would range in size from 7,500 square feet to 9,776 square feet. LOCATION: 14100 SW 97th Avenue; WCTM 2S111 BA, Tax Lots 00113 and 08900. ZONE: R -4.5; Single - Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R -4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.94, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: [TUESDAY - SEPTEMBER 8, 19981. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. Please refer to the enclosed letter. Written comments provided below: e7 aeLt MI N 1 PLA N t s ES MDT I„14TEX- NiLsto z rr o-►J ) Me 7025 n� Frizz i1 y4 Y P / A - 6 . 0 t i r 7 1 1 - . W oATwYL ' getup . T (.or /69 JJE� s To BE Acew- AFY� i <T?! riffC 17avp7x,PyW.Qur of 7/ P2o)Et,7 , v (r1'Cease provide the fofforwing information) Name of Persons) Commenting: A 14 / / y� /1/1/2/1/1/2-- /1/1/2-- X q � SUB 98 -0005 - LAUTT'S TERRACE SUBDIVISION PROPOSAL/REQUEST FOR COMMENTS • • AFFIDAVIT OF MAILING` '' C ITY OF TIOARD Community Development Shaping Better Community STATE OF OgraGON ) County of Washington ) ss. City of Tigard ) I, (Patricia L. Lunsford being first duly sworn /affirm, on oath depose and say that I am an Administrative Specialist II for the City ofTigard Washington County, Oregon and that I served the following: {Check Appropriate Box(s) Below} NOTICE OF DECISION FOR: 17 AMENDED NOTICE (File No./Name Reference) City of Tigard Planning Director © NOTICE OF PUBLIC HEARING FOR: l SUB 98 -0005 - LAUTT'S TERRACE SUBDIVISION 19/28/98 AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing) City of Tigard Planning Director © Tigard Hearings Officer Tigard Planning Commission Tigard City Council NOTICE OF FINAL ORDER NO. FOR: 1 AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing) City of Tigard Planning Director Tigard Hearings Officer Tigard Planning Commission Tigard City Council NOTICE OF: FOR: i 1 (Type/Kind of Notice) (File No./Name Reference) (Date of Public Hearing, if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION /NOTICE OF FINAL ORDER /OTHER NOTICES) of which is attached, marked Exhibit "A ", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit" : ", on the 4 day of September 1998, and deposited in the United States Mail on the 4 day of September 1998, postage prepai•. , 4 .... ..,,adi: _A. i _ „4 r,,,- ' -1 Perso that "-P'Otice) Subscribed and sworn /affirmed before me on the q day of ` , 19 OFFICIAL �` ) ` SEA /___ , � � DIANE M JELDERKS 0 NOTARY PUBLIC-OREGON NOTARY PUBLIC 0 1 GON ., COMMISSION NO. 046142 MY COMMISSION EXPIRES SEPTEMBER 07. 1999 Commission 3 INS: • •EXHI' :`,` "' A y CITY OF TIGARD Community Deve(opment Shaping getter Community PUBLIC HEARING NOTICE 1 NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY, . SEPTEMBER 28. 1998, AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO(S): SUBDIVISION [SUM 98 -0005 FILE TITLE: LAUTT'S TERRACE SUBDIVISION APPLICANT(S): Ronald R. Lautt OWNER(S): Same 14100 SW 97th Avenue Tigard, OR 97223 REQUEST: A request to divide one (1) lot into eight (8) Tots that would range in size from 7,500 square feet to 9,776 square feet. LOCATION: 14140 SW 97th Avenue; WCTM 2S111 BA, Tax Lot 08900. ZONE: R-4.5; Single - Family Residential (7,500 Square Feet). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.94, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639 -4171, EXT. 320 (VOICE) OR (503) 684 -2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. 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 SEPTEMBER 4, 1998, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). SUB 98-0005 LAUTTS TERRACE SUBDIVISION NOTICE OF PUBLIC HEARING INCLUDED IN THIS NOTICE IS A LISfF APPROVAL CRITERIA APPLICABLE THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE A THE TIGARD COMPREHENSIVE PLA PPROVAL 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 (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT MARK ROBERTS. ASSOCIATE PLANNER AT (503) 639 -4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. N 4Y . ill I I I " • •' FDGFWOOQ • I A a* 1 $ 0 *4 II P ti �l = ,', - VIEW CT I 1 - i` _SUBJECT - PARCEL .___. 7 I MCDONALD STREET 11111 J r 8 VI M ill il lii • c ±- IliAliri_ 11611111 AIME : • E � ` r. 111 v 2 p / iii TIfl - IF ni O VIP N TFRR - M - 1 pE� i I SUB 98 -0005 LAUTTS TERRACE SUBDIVISION NOTICE OF PUBLIC HEARING ZA-1A- - 7 - 1 ,- '-i/e/lcs - 3 t( (pg , / 6 ) 2S111AB -02700 2S111AB -03300 EXHIBIT 13 SHROCK WALTER W MARY H FRENI THOMAS E AND 9425 SW MTN VIEW LN 9430 SW MCDONALD ST TIGARD, OR 97224 TIGARD, OR 97224 2S111BA -00100 2S • :A -00103 OTTO AASE B TIGARD • •F 14200 SW 97TH AVE 13125 HALL : 1 TIGARD, OR 97224 • ' D, OR 97223 2S111BA -00105 2 111BA -0 07 LAUTT RONALD R AND ANNA M 0 E B 14140 SW 97TH AVE 1420 97TH AVE TIGARD, OR 97224 - T ARD, OR 24 2S111BA -00109 2S111BA -00111 PARKER THOMAS D /LINDA L WASHINGTON COUNTY 14110 SW 97TH AVE 111 SE WASHINGTON ST PORTLAND, OR 97224 HILLSBORO, OR 97123 1BA-001 . 2S111 BA -00114 LAU ' • 'ALD R AND ANNA M MYERS REED D & DEBRA R 14140 W 9 . AVE 14090 SW 97TH AVE T ' ARD, OR 972 TIGARD, OR 97224 2S111BA -00303 2S111BA -00304 PREWITT LINDA SUE CARLSON SCOTT A/JANICE E 14077 SW 97TH AVE 9747 SW ELROSE ST TIGARD, OR 97223 TIGARD, OR 97223 2S111BA -04500 2S111BA -04600 RINEHART NORMAN D MARTIN GARY OTIS AND 9740 SW MCDONALD ST 14005 SW 97TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S111BA -04700 2S111BA -04800 MCKILLIP JUDITH A SCHNEIDER DIANE L TRUSTEE 14025 SW 97TH AVE 14017 SW 97TH AVE TIGARD, OR 97224 TIGARD, OR 97224 2S111BA -04900 2S111BA -05000 BICKER STEPHEN G & MARGARET J KING ROBERT BRIAN AND 14235 SW 97TH AVE PO BOX 12224 TIGARD, OR 97224 ZEPHYR COVE, NV 89448 2S111BA -05100 2S111BA -05200 SIMMONS PETER B & TOMI BEARD O'REILLY ALLISON M 14115 SW 97TH ST 9730 SW ELROSE TIGARD, OR 97223 TIGARD, OR 97223 2S111BA -05300 2S111BA -05400 NICHOLSON JAMES W & OSTROW LEONARD C & KATHRYN A 14120 SW 94TH PL 14130 SW 97TH PLACE TIGARD, OR 97223 TIGARD, OR 97224 2S111BA -05500 2S111BA -06100 ROBINSON DIRK I MAWHIRTER IRENE TR 14140 SW 97TH PL 9265 SW MCDONALD ST TIGARD, OR 97224 TIGARD, OR 97224 111BA -0. 01 2S 1BA -0. 00 TIGA • ' TY OF MAW - R IRENE TR 131 . S • .ALL 9265 • 4 CDONALD ST T ARD, OR 97223 TIG • - D, O' • 224 2S11 BA -06300 2S111:A -064 ►, MAWHI R I NE TR MAWHI• IRENE TR 9265 SW M ONALD ST 9265 S ■ iONALD ST TIGARD R 97 4 TIG • - 1, OR 9 - 4 2S111BA -06500 2S111BA -0660 MAWHIRTER ARLIE L TR MAW TE RENE TR 9265 SW MCDONALD ST 9265 S DONALD ST TIGARD, OR 97224 TIGAR , O 7224 2S111BA -08400 2S111BA -08500 ROGERS ROBERT & BLAIR ROBIN J 6913 NE 75TH 9445 SW MOUNTAIN VIEW LN VANCOUVER, WA 98667 TIGARD, OR 97224 2S111BA -08600 2S111BA -08700 HUGHES DAVID A AND VICKIE M COURTNEY RONALD B & VICKI R 9435 SW MTN VIEW LN 14124 SW 97TH AVE TIGARD, OR 97224 TIGARD, OR 97224 . 111BA -08•.0 2S :A -09001 LA • R• ALDR &ANNAM LAUTT ; DR &ANNAM 14140:•• •7TH AVE 14100S •7 • •VE TI • RD, OR • 224 TIGAR OR 9722• 2S111BA -09400 2S111BA -09500 MARTIN JAMES A & KATHYRN A MORSE PAUL W & MEREDITH M 9760 SW MCDONALD ST 14305 SW 150TH AVE TIGARD, OR 97223 TIGARD, OR 97224 r �I� :� r •lEM '- :'ri.�cr a.,,,Y "' �' q � bR. ., � � x a � :? 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Convnun Developmerrt • • a i CITY OF TIGARD Community Deve(opment Shaping Better Community PUBLIC HEARING NOTICE 1 NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER, AT A MEETING ON MONDAY SEPTEMBER 28. 1998, AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223 TO CONSIDER THE FOLLOWING APPLICATION: FILE NO(S): SUBDIVISION [SUM 98-0005 FILE TITLE: LAUTT'S TERRACE SUBDIVISION APPLICANT(S): Ronald R. Lautt OWNER(S): Same 14100 SW 97th Avenue Tigard, OR 97223 REQUEST: A request to divide one (1) lot into eight (8) lots that would range in size from 7,500 square feet to 9,776 square feet. LOCATION: 14140 SW 97th Avenue; WCTM 2S111 BA, Tax Lot 08900. ZONE: R-4.5; Single - Family Residential (7,500 Square Feet). The purpose of the R-4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.94, 18.100, 18.102, 18.106, 18.108, 18.150, 18.160 and 18.164. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.32 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD CITY COUNCIL AND AVAILABLE AT CITY HALL, OR RULES OF PROCEDURE SET FORTH IN CHAPTER 18.30. ASSISTIVE LISTENING DEVICES ARE AVAILABLE • FOR PERSONS WITH IMPAIRED HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR QUALIFIED SIGN LANGUAGE INTERPRETERS AND QUALIFIED BILINGUAL INTERPRETERS UPON REQUEST. PLEASE CALL (503) 639 -4171, EXT. 320 (VOICE) OR (503) 684 -2772 (TDD - TELECOMMUNICATIONS DEVICES FOR THE DEAF) NO LESS THAN ONE WEEK PRIOR TO THE HEARING TO MAKE ARRANGEMENTS. 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 SEPTEMBER 4. 1998, ANY PARTY IS ENTITLED TO REQUEST A CONTINUANCE OF THE HEARING. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). SUB 98 -0005 LAUTTS TERRACE SUBDIVISION NOTICE OF PUBLIC HEARING INCLUDED IN THIS NOTICE IS A LI F APPROVAL CRITERIA APPLICABLE THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AV THE TIGARD COMPREHENSIVE PLANINIAPPROVAL 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 (25) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. AT LEAST SEVEN (7)•DAYS PRIOR TO THE HEARING, A COPY OF THE STAFF REPORT WILL BE AVAILABLE FOR INSPECTION AT NO COST, OR A COPY CAN BE OBTAINED FOR TWENTY -FIVE CENTS (250 PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT MARK ROBERTS. ASSOCIATE PLANNER AT (503) 639 -4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. • J am\ �.' V \ N t . . ***, i • gyp. < Ili" - � j r WCT 4 - • \ _ SUBJECT Ail PARCEL MCDONALD . 1", U !V N iii 110 - :MIME NZEN ; • • E \� IP 9 , _ Q. CI) f:::70 --I Sri ‘I VI 4 , , 7 O MIM I! VIF TFRR - M P - ih----i- 1 I r SUB 98 -0005 LAUTTS TERRACE SUBDIVISION NOTICE OF PUBLIC HEARING • • REQUEST FOR COMMENTS C. OF TI Community (DeveCopment Shaping Better Community DATE: August 28,1998 TO: PER ATTACHED FROM: City of Tigard Planning Division STAFF CONTACT: Mark Roberts, Associate Planner [Ext. 3171 Phone: (5031639 -4171 Fax: (50316847297 RE: SUBDIVISION (SUBI 98 -0005 ➢ MUTT'S TERRACE SUBDIVISION Q A request to divide four (4) Tots into eight (8) Tots that would range in size from 7,500 square feet to 9,776 square feet. LOCATION: 14100 SW 97th Avenue; WCTM 25111 BA, Tax Lots 00113 and 08900. ZONE: R -4.5; Single - Family Residential (7,500 Square Feet) or (5,000 Square Feet Per Unit). The purpose of the R -4.5 zoning district is to establish standard urban low density residential home sites. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.32, 18.50, 18.88, 18.92, 18.94, 18. 100, 18. 102, 18. 106, 18.108, 18.150, 18.160 and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: (TUESDAY - SEPTEMBER 8,1998). You may use the space provided below or attach a separate letter to return your comments. If You are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: • v I � (Tease provide the foffowing information) Name of Persons) Commenting: Phone Number's]: SUB 98-0005 - LAUTT'S TERRACE SUBDIVISION PROPOSAUREQUEST FOR COMMENTS ■\ flO REQUEST FOR COMMENTS III NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS clam: teI to tslaw� ;: : -° C ITIZENINVOLVEMENTTTEAMS :_. a ° ®. ilia lifiOUbMI fHUbliiry oktsv::.. ,.. FILE NO[Sld S bt 6 q 0005 FILE HAME[S]: L -4u '7 -sz- .- = A ANCED PLANNING/Nadine Smith, Punning Supervisor _ OMMUNITY DVLPMNT. DEPTJ00 sic.. Technicians _V POLI DEPT./Jim Wolf, Crime Prevention Officer UILDING DIV./David Scott, Building Official - EERING DEPT. /Brian Rager, Dhpmm .,.,b,.ra .ReviewEngineer TER DEPT./Michael Miller, _ CITY ADMINISTRATION/Cathy Wheatley, cit Recorder O PERATIONS DEPTJJohn Roy, Property Manager _ OTHER ... CIAL DISTRICTS _ _ TUAL. HILLS PARK & REC. DIST.O TUALATIN VALLEY FIRE & RESCUE * _ TUALATIN VALLEY WATER DISTRICT * _ NL IFIED SWRGE. AGENCY * Planning Manager Fire Marshall Administrative Office Julia Huffman/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N. First Street Beaverton, OR 97006 (place in pick -up box) Beaverton, OR 97075 Hillsboro, OR 97124 • , , �L CAL D: .... , . 0 AN STATEJURISDIBTIONS — CITY OF BEAVERTON * _ CITY OF TUALATIN * OR. DEPT. OF FISH & WILDLIFE _ OR. DIV. OF STATE LANDS Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street, NE _ Mike Matteucci, Nsighbr d. Coord. PO Box 369 PO Box 59 Salem, OR 97310 -1337 PO Box 4755 Tualatin, OR 97062 Portland, OR 97207 Beaverton, OR 97076 _ OR. PUB. UTILITIES COMM. — METRO - LAND USE & PLANNING * _ OR. DEPT. OF GEO. & MINERAL IND. 550 Capitol Street, NE — CITY OF DURHAM * 600 NE Grand Avenue 800 NE Oregon Street, Suite 5 Salem. OR 97310 -1380 City Manager Portland, OR 97232 -2736 Portland, OR 97232 PO Box 23483 _ US ARMY CORPS. OF ENG. Durham, OR 97281 -3483 _ Paulette Allen, GrowthManagement Coordinator — OR. DEPT. OF LAND CONSERV.& DVLP 333 SW First Avenue _ Mel Huie, Greens {aces Coordinator (CPA'&ZOA's) 1175 Court Street, NE PO Box 2946 _ CITY OF KING CITY * Salem, OR 97310 -0590 Portland, OR 97208 -2946 City Manager _ METRO AREA BOUNDARY COMMISSION 15300 SW 116th Avenue 800 NE Oregon Street _ OREGON DEPT. OF TRANS. (ODOT) _ WASHINGTON COUNTY * King City, OR 97224 Building #16, Suite 540 Aeronautics Division Dept. of Land Use & Trans. Portland, OR 97232-2109 Tom Highland, Planning 155 N. First Avenue _ CITY OF LAKE OSWEGO * 3040 25th Street, SE Suite 350, MS 13 Planning Director _ OR. DEPT. OF ENERGY Salem, OR 97310 Hillsboro, OR 97124 PO Box 369 Bonneville Power Administration Lake Oswego, OR 97034 Routing TTRC - Attn: Renae Ferrera _ ODOT, REGION 1 • Brent Curtis (CPA's) PO Box 3621 Sonya Kazen, Dvlpmt. Rev. word. _ Scott King (CPA's) — CITY OF PORTLAND Portland, OR 97208 -3621 123 NW Flanders _ Mike Borreson (Engineer) David Knowles, Panning Bureau Dir. Portland, OR 97209 -4037 _ Jim Tice (1GA's) Portland Building 106, Rm. 1002 _ OREGON, DEPT. OF ENVIRON. QUALITY _ T om Harry (current P1. Apps.) 1120 SW Fifth Avenue 811 SW Sixth Avenue _ ODOT, REGION 1 - DISTRICT 2A * _ Phil Healy(cumem Pt. Apps.) Portland, OR 97204 Portland, OR 97204 Jane Estes, Penns specialist _ Sr. Cartographer(cPNZcA -Ms 14) PO Box 25412 Portland, OR 97298 -0412 ;: _:;;. UTILITY PROVIDERSAND 'SPECIAL AGENCIES' •:::::'',:::-:::; BURLINGTON NORTHERN/ — SANTA FE R/R _ METRO AREA COMMUNICATIONS — PORTLAND GENERAL ELECTRIC _ ICI CABLEVISION OF OR. Reed Fay, Division Superintendent Jason Hewitt Brian Moore,Svc.Design Consultant Linda Peterson 1313 W. 11th Street Twin Oaks Technology Center 9480 SW Boeckman Road 3500 SW Bond Street Vancouver, WA 98660 -3000 1815 NW 169th Place, S -6020 Wilsonville, OR 97070 Portland, OR 97201 Beaverton, OR 97006 -4886 _ COLUMBIA CABLE COMPANY — PORTLAND WESTERN R/R — TRI -MET TRANSIT DVLPMT. Craig Eyestone _ NW NATURAL GAS COMPANY Steve Myhr, Region Manager Michael Kiser, Project Planner 14200 SW Brigadoon Court Scott Palmer Catellus Property Management 710 NE Holladay Street Beaverton, OR 97005 220 NW Second Avenue 999 Third Avenue, Suite 2120 Portland, OR 97232 Portland, OR 97209 -3991 Seattle, WA 98104 -4037 — GENERAL TELEPHONE Paul Koft, Engineering _ OREGON ELECTRIC R/R _SOUTHERN PACIFIC TRANS. CO. R/R _US WEST COMMUNICATION MC: 0R030546 (BURLINGTON NORrNERN /SANrAFL R/R PREOASSORI Clifford C. Cabe, Construction Engineer Pete Nelson Tigard, OR 97281 -3416 Reed Fay, Division Superintendent 5424 SE McLoughlin Boulevard 421 SW Oak Street 1313 W. 11th Street Portland, OR 97232 Portland, OR 97204 Vancouver, WA 98660 -3000 * - IMOICAT S AUTOMATIC NOTIFICATION if WITMI 12SO' Of YNf fUIBJLCT PROPTATV FOR ANIT /ALL CITY PROJaers. (,ROICC! PIANISM' as RMsPONf/0LM TON INDICATING PD&TICS TO NOTIFT1 h:\patry4nastersVfcnotice.mst 16- Jan -98 WI I ill CITY of TIGARD • GEOGRAPHIC INFORMATION SYSTEM AREA NOTIFIED (250') 1601 101510 B A O 2s11 BAO 1 2S BAO I I 2S111BA00103 SUB 9 11BA04 00 A 16600 2S111BA00105 5111�A0011 „El BAO' - i 00 BA0114 LAUTT'S 2S11BA01304 \ 25111AB03300 ARO 11 ..1 " ��,, 00 BA01 09 - TERRACE 2M BA05;00 ccQ� SUBDIVISION r BA05' 00 2S111BA00113 2S1 1BAO 100 ' 600 Q 2 2S 1BA05 0g I I 1 BAO5 01 2S B 00101 2S 11BA08 0 di BA05 00 11AB02100 8.? M lLi 2S1116A00101 _________ BA04�00 11BA0��1 11.19 I • N ■ iiii 1 4 T -- ' 0 100 200 300 Feet iiii SUBJE 1 = 214 feet PARCEL - " -�J —.l l ila III if il ■ City of Tigard I Information on this map is for general location only and should be verified with the Development Services Division. 1 3125 SW Hall Blvd Tigard, OR 97223 I _------ Iw 639-4171 gard. 11.11611111111111 Tigard, OR 97223 http://www.ci.tigard.or.us Community Development Plot date: Sep 4, 1998; C: \magic \MAGICO2.APR ) PLAT BOOK PAGE L,A S T F1: _ _ hi' RECORDED AS DOCUMENT NO. A TRACT OF LAND INGRESS /EGRESS LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, EXISTING 15' WIDE ACCESS & UTILITY LOT 4 3 TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN DOCUMENT NO. 97- 95327, BENEFITS BOOK •,�� EASEMENT, DESCRIBED IN EASEMENT CITY OF TIGARD, WASHINGTON COUNTY, OREGON WASHINGTON COUNTY DEED 1060, PAGE 839 i N RECORDS. PER EASEMENT p'1�"h �, • 'oo b CONDITIONS, THIS DEED WILL BE / ' S M °z ^° EXIINGUISED UPON ROAD S URVEYED BY DEDICATION. .c - �, C �t� tiff Q '� BURTON ENGR. ASSOC. r : z3'4100wi 32;52 $7 , 3 12319 NE GLISAN _ _ PORTLAND, OREGON 97230 ° ---- -- �� r--R2.,0 - _ N $x•57'13" E [•1 ph: (503)251 -2947 ^ -11-- �2 30142- h" o L 51.28 . - o - -- -- 2 0 318" f o 1 30.00' " 1 25.00' 5/8" URTON LS b OC. ARLIE' PLANTATION 5/8" I.R. W /Y.P.C.- "DEHAAS , , ' s 9 . Z HELD E -W - 0.11`s 01 2 O� 1 LO & ASSOCIATES INC." HELD N -S ��, \\/ S 88'47'04" E 0.11 �N S 01'19'00" W �s O. >' • .�. 1 62.63' _-o 20.00 �,�, A. 127'.30 / 5.31' LOT 6 F LOT 5 T w 88'47'04" E 5 J " I.R. &ASSOCIATES INC." - HELD 1 30' EASEMENT PER z 94.69' N 89'57'13" E o • DRIVEWAY EASEMENT o , FEE NO. 81-40723 261 1 4 ) 1 5 5. s 18 � -I � ` DETAIL 68.28 \/8 3 ^ to IRON ROD SCALE: 1"=40' " LOT 2 /~15.00 PUBUC co W/YPC MARKED Z i° 10 STORM DRAIN 4 "DT. BURTON LS 2248" TAX LOT 109 SCALE 1 ��- 40 N 89'57'13"E 127.34' 8,808 sq.ft. ^ cc; * 1 l'") EASEMENT SN 2 OWNER: THOMAS PARKER N . • 0 d• DOC. N0. 98 -86977 H JUNE 8, 1999 cz , 109.86' t7,4.8' �n - , 8 1 ^ w TAX LOT 114 1 JOB NO. 98 -132 1 - - S 89'57'13 'W 87.50' 3 3 LOT 4 BOOK 1060, PAGE 839 CO -1 0 7,505 sq.ft. N = • G N N LOT 1 - - �� b o 5� �` .�A� .‘t\- ,o 7,504 sq.ft. PRIVATE STORM r A ° , 1 4 DRAINAGE EASEMENT <v o p 6� 1 O �S O � HATCH AREA COMPRISES A PRIVATE j 0 � ' .. BENEFITS LOT 1 N 5 OP. � 'UTILITY & ACCESS EASEMENT THAT o d- ^ o ` Fj. QR c,E 8ENEFlTS LOT 4, BRELYNN WOODS, v 0 � � 3 ° ' I g 0 ) FEE NO. 98- 36977, AND PARCEL W 1 &d • i (C3 = - � L 3 z I -- / / A �,AA� 7994 019 ON PLAT NO. F TRACT "A" Z b • • v'� - • 7,662 Sq.f • 4 1• � / � c 0 ` ' 'T !S ALSO A PUBLIC o5 : 2,086 SQ. FT. L a 6 7j, --- ',...8. • C10 O 1 Q�NG• SANITARY cE'hIER EASEMENT N PRIVATE SANITARY o C4 �8, 8 PUBUC UTILITY EASEMENT r / C9 6 >� R , `��5 F SEWER, UTILITY Sc La 1 . 2 [ / ��, .p=15 9 � • sac, -) INGRESS /EGRESS N S •88'41'00 "E • 5 �C • • EASEMENT-BENEFITS INGRESS/EGRESS S. rY ELROSE STREET _ s 88 E s .8 1 PARCEL 2 �'T C•7 L " •7 3 8 ' 2 C6 • I v S 6 ,� • 1 ` PARTITION PLAT 1994 -019 !'� LOT 4, BRELYNN x W 20.73' R_a 4 `�' 1 L 72 14' ~ / , • N o FEE NO. 99 -18866 J WOODS AND FEE N + ° o S 88 "E C1 �00• E O,S C7 +. S 1 ° " NO. 98- 86977. O rc 5.73' E S T R • L = = 0 � •1 ' �• 1. C11 $ °o " 5/8 I.R. W/Y.P.C. - N THIS TRACT IS O v) • • �' , I N INTENDED TO BE O) `-� L =6S 17 �' R - C2 N M P � CO HELD IRO 709 o w CONVEYED TO FEE ry - -- O8 - 15 .60 N o / A, v " . 0 ►� • .3 C18 -.. ° \ • C16 N L a1240 y - C•) 26.16' F / TRACT 8 � NO. 98 -86977 IN t/i O L` » •3 z • O• 794 SQ. FT. - • C15 N 89'5713 E g / S 7'13 "W _ N 89'57'13 "E 210.00' - . o THE FUTURE. 73 C12 ,7 ■ e . • R2 _ v, FND 5/8" 1.R. W /Y.P.C. Z ^ ( LOT 8 9 _ L =7 c 1 1873' L= 655' 4 C1° 64.80' _ a "SHAPIRO 709" -HELD 1 0 8,020 sq. ft. 14.48'�� ` 3 L = . . - 26 � , • 18 .22 ' S 00'40'20 "W 16.43' "c " � �� .0 - - , • • � I - INITIAL POINT , - - _ I _ 26 16 s �� 126.98' FND 3/4" IRON ROD '_ - � �- - S 89'52:13"1/7 � 3 0 . 0 0 r 5 /8 I RON RODW MARKED o - - I ` - 89'57 • ' " y ' / i, - - -- S ° ;1 i - N 13 E � ? • 126.96' 0.35'E 6 , "BURTON ENGR." is _ 1 �' �� • 1 PARTITION PLAT NO. 1994 -019 P 1 O. / LEGEND M 1 0 ;�� I , • " I d S 89'5713 W 144.98 IA v) SET 5/8" .( 30" IRON ROD Cj , (3 15.00 PUBLIC SANITARY I 5/8 IRON RO 18 .02 N R 1 123.16' z o° SEWER EASEMENT 1 3 1 W /YPC MARKED 0- ZS II WITH PLASTIC YELLOW CAP 1 S 89 " W 123.16' R1 • ° I- o 1 " SEE EASEMENT O INSCRIBED "BURTON ENG." \ 30.00' R1 w LOT 7 M -`�' LOT 6 DT. BURTON LS 224 z IN MONUMENT BOX S Q J SN 26165 DETA BELOW BOOK 432, PAGE 787 ce I w o 1 g I 7 513 sq. f t. LOT 5 ice 3 15' RIGHT -OF -WA EAS EMENT SET 5 8" x 30" IRON ROD 7,500 sq. ft. _ / w o °' ,:A Q o 7,502 ( o - 0 WITH PLASTIC YELLOW CAP FEE NO. 99- 069308 N r , 502 S ft. v w N I = o -•-1 1 15.00' PUBLIC sq. �1 Z aob \ h � w INSCRIBED "BURTON ENG." o ° �/ ' . ST DR AINAGE °'- m } w v r) d M P \N c o o Z /� 7 50� I % ?� 1Q EASEM `\�� O cn a) p ` o • FOUND MONUMENT AS SHOWN en o R E 2 z _ �, ; N?` . *� _ D I_ a 0 z w 7' '��' O Lt_ _ CENTERLINE OF STREET • N \ ' u z 8 ® T - f., = 4 1 N w v) 0 S 89'57'13 "W 123.16' ;�0 74.04' 1Y� © O 89.83' 62.28' ¶3 0 Z • • *1 S.N. SURVEY NUMBER 5/8" IRON ROD Rl TREE PLAN S 89'57'13"W 226.15' 5/8" IRON ROD W /YPC MARKED FEE NO. 96 -22439 REFERENCE POINT CURVE DATA FND FOUND I "DT. BURTON LS 2248" 1 CURVE I DELTA 1 RADIUS 1 LENGTH 1 CHORD 1 BEARING W/YPC B MARKED "DT BURTON LS 2248" ( ) SURVEY NUMBER 24,850 1/2" IRON PIPE IN f SN 26165 DER C1 21 200.00' 73.84' 73.42' S 78'06'26" E SN 26165 MONUMENT BOX - HELD FOR F.F -M� N 2 8 c.. C3 90'00'00" 315.60' 15.0' 1 23.56' 1 21.21' S 43'41'00" E REGISTERED COR. CORNER CENTERLINE AND S.W. HEIG G \ C4 16'47'30" 221.0' C 5 04'21 38 " 221.00' 64.77' 64.54' S 80 °17'15" E 16.82' 00'40'20" PROFESSIONAL R/W RIGHT -OF -WAY % .43'� LOT 28, "TIGARDVILLE HEIGHTS" H 16.82' S 69'42 40 " E j "' C6 01'35'55» 294.60' 8.22' 8.22' S 6819'48" E 89'57'13 "W j L SURVEYOR r I.R. IRON ROD TREE PRESERVATION PLAN C7 1401 47 294.60' 72.14' 71.96' S 76.0839 5.00 E , /��,,,,,� TREE LOCATIONS: C8 8000'51 18.00' 25.14' 23.14' N 56'50 -II >5.00' Y.P.C. YELLOW PLASTIC CAP 1. 23.0' NORTH, 2.6' EAST C9 4219'40" 44.0' 32.76' 32.01' N 38'09'26" E O. 2. 37.0' NORTH, 3.5' EAST C10 86'33'31" 44.0' 66.47' 60.33' S 7713'58" E s6 OREGON MON. MONUMENT 3. 13.0' NORTH, 6.0' EAST C11 80'44'11" 44.00' 62.00' 57.00' S 6 W LOT 5 F JANUARY 18. 1953 4. 15.0' NORTH, 26.5' EAST C12 0811'41" 44.0' 6.55' 6.55' S 85 W THOMAS H. BURTON SQ.FT SQUARE FEET EASEMENT DETAIL #590 5/8" IRON ROD W C MARKED 5. 18.0' NORTH, 44.0' EAST C13 24'46'28" 44. C14 310117 0' 28.62' 28.12' S 40'05'43" E R1 6. 1.5' NORTH, 24.0' WEST '" 336.60' 18.73' 18.72' N 88'27'08" W ACROSS LOT 5 RENEWS 12/31/01 31 / 01 D.T. " BURTON LS 2248" PER SN 27288. 7. 22.0' NORTH, 51.8' WEST C15 1304 32 " 336.60' 76.82' 73.67' N 8019'14'" ACCESS EASEMENT W 5/8 " IRON ROD W/YPC MARKED BENEFITS C16 06'15'07" 336.60' 36.73' 36.71' N 70'39'24" BENEFITS LOT 4, I CERTIFY THAT THIS IS AN R2 "DeHAAS & ASSOCIATES INC." PER PS 8. 1.0' NORTH, 73.0' WEST C17 2109'09" 179.00' 66.08' 65.71' N 78'06'26" W BRELYNN WOODS EXACT COPY OF THE ORIGINAL C18 9000'00" 15.00' 23.56' 21.21' S 4619'00" W SUBDIVISION PLAT. 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(C.S 26,215) i /k 1: z SEE MAP z c .734c. 1 / � A 41 S .W. f E LROSE ST REE ° � � _ 9000 + - 2S 1 1188 \ / 5 JANZEN p CT a T�° '' o)/ f / _ 1 J J J 1 9 . /AC 2 A 3100 N � e, d g g / 0 - S8 46' 56 "E d 59 = / ` 2 1 ' � m 75 .59 6•/ 4 = , 000 0 82.61 i 68.81 V, W i 733 ° 73.87 1 / 0 / 7 . 6 M 3200 R :20 'F -�� C10 R =2• 2O ` S 89 °57' I3 "W ' d 145.20 I 309.94 0 / 6 a LI . 60 (, I 520 � 283.25 64 z , • N89°56.30"W i! N89° 58'40 "E 157.33 i° 7 _ 15 5300 f \ -.1.111. \ - - � 7. 209.97 _ - ""9JJ m '='• _ w 12 ,, J io 5 c m 4 + ► - - ► 1493.10 _ 144.98 (16. 802 1 3 (156.25) 'q Q o t 13 `ias\`\'L 6 `,. NM; . i ° 1D 107.30 l ° ° �JA M#0 1 a too.os V 88.62 z al 9390 m 82A 8700 8600 c. �L ' 93.26 t ' # a p iu.) 24 1 g - �:OOAc. 3300 tt 3900 _ o _ . 5900 s M5400 M 5100 100 4 m m 0 8 R -2. 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N 3400 (/ ro 13 z 55 ' R =50 3 • N 5000 3 / •L.!. 9Ac (C.S 26 a 2 .10 o _ A y 5500 (c.s.IO204) -101° �°o -) ala� 1 - * a q, 6 4 o� �3 (1) 5800'6 n 2 ft N v o Z al ° 11- i'xR r 3600 370 • 9 N o v - - SEE MAP - • 7 O r r �f I I r - 400�a 8800 r ® 4 92.77 n (.../1 4'-'10 ^ti I2 5700 ° 5600% 8 4900 m o N a i 2S 1 I IAB y N3500 ° II � Z 9 8 a d +° di N (C S. 6850) 10 N89 °13'53 " � 5801 it 570 5601t�� m 4901 0 5 � rn m (501.89) �A4 X 75 X12 �. 312.11 7 - - 3 7 _ f m INI \ "��TA ` ) IEW LANE ` 0 185 589 °53'E 86 ( 1 56.04 ,.ti i !.» (356,86) 1 � I � i i J i 1048 1 86.25 75 148.45 53' 73 • W R 50.37 94.21 86.68 93.93 U (Na9 ° 58 ' W 526.8) 900 1 0 1900 1903 i90A 1 BOO 50 v 1200 8 /AC. o / ° POINT m ' / 1_904c. W I. + N .. 0-,,, ° l. / _ 1 o ++ m ..... a .! I o ;- C+ m a ° w 3 0 z 1 ° P / is - - i 0 2 d 4 ,, r J - 1 r id - r s 1 120185 N89°534 1 86.25 65.77 1 S89° 52'W 1 ‘M 2300 2ZUU s � .. 33 49Aa I R -_ J (700 10 t. 1 38.54 N a 9 6. 46 . ' • • 9.19 1 • � / 2000 4 �"' 1902 1 a 7600 9.19 r A 7300 m St 7700 '' nn 7800 a / i a / a V 0 a /./3Ac. 0 a o / + 1 u N V• 4? - °1 29 / m 0 % 20 w 1 m 7500 4 r o 20 w ry o 5 w •� / / e 6 / _ z / 1 • � • 5 - / 1. + 15' ?�. 51.66 1360` G �S es• 38.71 I � - ` w 32 100 _ �+ T ACT B R- 12 I51.25 / 114.58 o • "\ v/ / 113.97 , . z - -0 ' - ° 3 "' �7•TT• JUBILEE C u c) • 9 ' F �'RR.° !w \ \�� '), 689 °52'W a 7400 ° �6 � 8100 8000 Imo- T 9 7900 % 1- o l' 0 3 • W N 89 56 30 W VIEW TERRACE i ° 357.82 M/L % 2 f I m � O 1 9 r - 8 r / 7 1 . 38.7 � ° \�...... � + �_ 1600 � J J �� - r r o " 1.,- -� C" r V # r_ 100' • (35.46 S 89 5 2'5 00.54 165.8 50 �\ +� SEE MAP 2S 1 1180 140 / 107 107. 107.5 0 2100 107.35 r /. /7AC.\ - N L}�} _ WJ%/�J�1� 2400 / 2101 I I I l/ 2 � 102 21 07 111��`1 o N 30 137.34 364.37 0 39AC. w / J J \ J J r r � A N J W a {O 9100 3J 89° 56' 16" 6 ` � j io / p 100 m .29At; 3 3.63 9200 0 g o /, 9 8 7 6 r- • a i 28AC. 0 o . 6 1 (n di 2 _ r NO Z 107.05 9 /' / N89 ° 52'E 140 30 / o- 107.43 358.15 M/L n vJ - � 369.37 R I i 1500 ' 2500 2 103 2104 2105 2106 + 4 60 loo x7.11 70 72.23 ' / / /.35Ac. INITIAL PT N89° 53'39 "E r 4oac. 0 N 124.78 w 6800 6900 7000 7100 7200 m n A N N B U Y 1 / � M II m 12 r M 8 ;a 9300 °� m R� 3c/ �, M I 0 �J r ! - � ! :.� 13 " > 35Ac $ 2 �' 3 2 L.I. di M 5 -�' 6 °I r Zr R R A c ��_o � ? S.E. CORNER LOT 31 o a 'F 40.94 r o - / TIGARDVILLE NTS. BY _ 40 / EAST PLAT OF INGEBRAND HTS. 2 u 3 6700 44 y ? 2 e 14.39 4.58 N ro Q � 2 32.93 51.03 70.21 140 � JJ 107. S a 107.5 107.3 Q 1075 o u °1 1 N 1%1- 0 1 R= 1233 r N E 938/787 c 109.73 ' °' _ S_W fNEZ STREETN S• + 1.N - - - -- STREET VACATED \«.\.1 \ • + E Ltit�ttt� T € 8Y 941/680 a 0 0 4 "' S. 81.14 2 7 - - �+ 929 66.39 48.96 75.20 - 2 7g f 50 VACATED BY 87-15236 Ns,, FOR ASSESSMENT PURPOSES _t_ - SEE MAP ONLY DO NOT RELY ON FOR SEE MAP 2S I MAC ANY OTHER USE. 2s I Ilao TIGARD 2S I MBA BA. 1 1- 2S 1 -159 26,215 FND 5/8" I.R MO W N .C. RECORD OF SURVEY B "HERTEL" IN . HELD FOR CENTERLINE PROPERTY LINE ADJUSTMENT 1 LOCATED IN THE NORTHWEST QUARTER OF SECTION 11, 1 TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN CITY OF TIGARD, WASHINGTON COUNTY, OREGON ' � SURVEYED BY: L ..:. CARDINAL LAND SURVEYING AND PLANNING REGISTERED 7631 SE MILWAUKIE AVENUE • PORTLAND, OREGON 97202 1 PROFESSIONAL ph: (503)238 -1897• fax: (503)232 -5458 LAND SURVEYOR ,• :-,- 1 OREGON JANU 15, 1987 SURVEYED FOR: I END 5/8" I.R. W/Y.P.C. DANIEL T. BURTON 1 UNREADABLE - HELD II RON LAUTT - OWNER 30.00' 25.00'1-5 ARLIE'S i l l PLANTATION EXPIRES 12/31/97 14100 S.W. 97TH AVE. o FND 5/8 I.R W /Y. °.C. 11GARD, OREGON 97224 z 11 STORM " " , 0 - @URTON LS 590" STRUCTURE SOUTH LINE "ARLIE'S PLANTATION FND 5/8" I.R. W /Y.P.C. P HELD E-W 0.1TS - "DEHAAS & ASSOCIATES INC." - HELD S 88'47'04" E 194.93 ' 5.00' END 58" I.R. W /Y.P.C.- "DEHAAS ^ _ rn 1 w EASEMENT PER FEE NO. 81 -40723 i & ASSOCIATES INC." HELD N - - - -_ - - - °- I -a j o°- 2C.00' S 88 47 04 E 5.31' -N 89'57'13" E T cn ^ a � M S 01'19 OO V 94.69 96.34 �' 105.00' DEED & HELD j 7 o ADJUSTED FEE NO. 93-63373 NORTH LINE _ Z S.N. 18499 3 z o 17,613 SQ.FT. FND 5/8" RON ROD co CI- » N " --1 Z �� OLD PROPERTY LINE HELD N -S - 0.1;'W co 2 ADJUSTED PARCEL B o 0 FND 5/8 I.R. W /Y.P.C. N , "DEHAAS & ASSOCIATES INC. " -HELD `'' r.--S 01'19'00" 'N 3 BOOK 1060, PAGE 839 1- °' " %! 9.92' `'' 5.2 9071 SQ.FT. o to FND 5/8 I.R. W /Y.P.C.- " DEHAAS I i • - N 89'57 13 E 136.68 N E,9'57'13" E 154.53' o & ASSOCIATES INC." - 0.37'W 1 01 �-+ 10.08''- ( 149.29• FND 5/8" I.R. W /Y.P.C.- "DEHAAS FND 5/8" I.R. W/Y.P.C.-"DEHAAS = O o U FEE NO. 93 -63373 S 01 W F 5/8" I.R. W /Y�P.C. " - HELD �& ASSOCIATES INC."- HELD '-----4." &ASSOCIATES INC. " - HELD N -S w Z 1 "DEHAAS & ASSOC,ATES INC. �No 12.9 0 22'W .__I w NORTH LINE PARTITION FLAT NO. 1994 -019 CURVE RADI N i� �ps� 5g � v, < 0 I N65'40'10 "E o ° ASS � , A:\ 0 2 ° o_ 0 CURVE DATA P m tl O 21.74' 'o o N c � 6g � USE EASEMENT BENEFITS ADJUSTED Q - iv _ U BEARING S LENGT CHORD 1 1 6 p 1 112.50' 84.66' 82.68' S 64'34'40" E N00'02 47 W . o !\ � 45' ^ PARCEL B BOOK 1060, PAGE 839 o " Z i S 83.9 0; u) CO _ 2 87.50' 30.81' 30.65' S 53'06'21 E 10 9 Nis �'� f N O 00 3 112.50' 35.03' 34.89' N 51'56'22" W N65'40'10 "W l / 5 ' I i AS o I- N O ' _ 5.49 4 87.50' 64.73' 63.27' N 6412'49" W • 6 ° o w , :• i N I-- c 3 • n _ S.W. ELROSE STREET N _ Q Y 8 1 F .. C -,8 NON- EXCLUSIVE �� 5 t` 3 ND 5/8 I.R. W/Y.P.C." DEHAAS • o , I & ASSOCIATES INC. " - HELD 0 SCALE 1"=40' m O ° R� X ACCESS EASEMENT = I - o w m o) O in "ion LO ( 0) " x° 0 0 • N 1 ° v, rn FEE NO. 81040723 J DECEMBER 1, 1995 N w O ��64)j \qC'C�\� PIE N N O 28.49'(28.42') / 0 JOB NO. 93 -389 4 �3 < `' S . S \�� ,S% oo l r t` 1 0 , / Q o z .- S O \ 0 63. S 44 07 13 W - 10.00' ``' 'vi 1 `t• 6 , \ \\ q � • 17 3 ry S 44'07'13" E z i z 22.03 I .' 7 9 9 43 ,N ,e ,Q , 3 00 <ti \ x.6 9 , 2 F 1.86- I S 70 W FND 5/8" I.R. W /Y.P.C. "DEHAAS o 2 E S Q p 0 �' N 89'57 13 �, 146.61 m_ & ASSOCIATES INC."- HELD " 1 � • -- - FND 5/8 1.R. /Y.P.C. - , LEGEND z 25.01 .- 85.56 3 X83.25' NON- EXCLUSIVE ACCESS EASEMENT 64.80' ' S 89'57'13'" W " SHAPIRO 709" - HELD • S 89'57'13" W . FND 5/8" I.R. W /Y.P.C. S 89'57'13" W N 89'57'13" E 353.05'(353.09') 44'07'13" E 145.20' ,'. • FND 3/4" IRON ROD SET 5/8" X 30" IRON ROD "DEHAAS & ASSOCIATES INC. "HELD 197.68'A _ 16.21' 0.35'E 0 WITH PLASTIC YELLOW CAP 30.00' 25.00 INSCRIBED "D.T.BURTON PLS 2248' T BOOK 432, PAGE 787 FND 5/8" I.R. W /Y.P.C. FND 5/8" I.R. W /Y.P.C. FND 3/4" IRON PIPE �a rn 15' RIGHT -OF -WAY EASEMENT "DEHAAS & ASSOCIATES INC. " -HELD "SHAPIRO 709" - HELD HELD E -W - 0.62'S 0 FOUND MONUMENT AS SHOWN `} U' N CO CENTERLINE OF STREET 1 rn N Q o , F 3/4" IRON PIPE o oo 'n ('1 / S.N. SURVEY NUMBER HELD FOR R W END 5/8" IRON ROD N.W. CORNER LOT 23 FND FOUND 25.01' w 7)0.22'W ( ) SURVEY NUMBER 24,850 - - NARRATIVE - 03 89'57'13" W - CV re) I; COR. CORNER FND 1/2" IRON PIPE IN PURPOSE OF SURVEY IS TO ADJUST LOT LINES PER CITY OF TIGARD APPROVAL, o MONUMENT BOX - HELD FOR BETWEEN THOSE PARCELS DESCRIBED IN BOOK 1060, PAGE 839, AND FEE NO. pj _ FND 5/8" IRON ROD R/W RIGHT -OF -WAY CENTERLINE AND S.W. COR. 93- 63373, WASHINGTON COUNTY DEED RECORDS. q o HELD FOR E. LINE LOT 28, "TIGARDVILLE HEIGHTS" FOR THE BASIS OF BEARING, A LINE WAS HELD BETWEEN 5/8" IRON RODS FOUND 0 0 ° o I.R. IRON ROD ON THE CENTERLINE OF S.W. 97TH AVENUE (C.R. 1982), WITH THE BEARING FOR 4 z Y.P.C. YELLOW PLASTIC CAP SAID LINE TAKEN FROM BOOK 1060, PAGE 839, DEED RECORDS. co THE NORTH BOUNDARY LINE WAS HELD AS THE SOUTH LINE OF "ARLIE'S A . - , FND 5/8" IRON ROD MON. MONUMENT PLANTATION" AND THE NORTH LINE OF S.N.18,499, FROM MONUMENTS FOUND SQ.FT. SQUARE FEET THEREON. 1 4 HELD FOR E. LINE THE EAST LINE WAS HELD PER DEED DISTANCE FROM THE EAST LINE OF LOT 28, '�' Q oo ,� "TIGARDVILLE HEIGHTS ". 1 co THE WEST LINE WAS HELD AS THE EASE RIGHT OF WAY LINE OF S.W. 97TH AVE., BASED ON MONUMENTS FOUND ON SAID RIGHT OF WAY LINE. FND 2" IRON PIPE THE SOUTH LINE WAS HELD AS THE NORTH LINE OF PARTITION PLAT NO. 1994 -019, INITIAL POINT OF WASHINGTON COUNTY HELD PER MONUMENTS FOUND ON SAID ' PARTITION PLAT. "ELROSE TERRACE" SURVEYOR'S OFFICE RECEIVED 1 -11 -96 ACCEPTED FOR FILING 2,-9-9(0 I, 2 f