MLP2007-00016 Decision - CIMPAN NOTICE OF TYPE II DECISION s
MINOR LAND PARTITION (MLP) 2007 -00016 ~;
CIMPAN PARTITION
120 DAYS = 4/8/2008
SE CTION I. APPLICATION SUMMARY
FILE NAME: CIMPAN PARTITION
CASE NO: Minor Land Partition (MLP) MLP2007 -00016
PROPOSAL: The applicant is requesting approval to partition one 20,259 -SF lot into two lots of 12,330 SF
and 7,630 SF. The existing single- family home will be retained on the larger lot (Lot 1) and a
new single - family home will be built on Lot 2. The applicant received a building permit in
March 2007 to build an addition to the existing home and plans to use the existing home for
adult foster care. The garage on the south side of the existing home will be demolished to
allow for construction of the new home.
APPLICANT / APPLICANT'S
OWNER Stelian A. and Aurelia Cimpan REP Compass Engineering
Attn: John Cimpan Attn: Deanna Goldson
11255 SW 79th Avenue 4105 SE International Way, Suite 501
Tigard, OR 97223 Milwaukie, OR 97222
LONING
DESIGNATION: R-4.5: Low Density Residential. The R-4.5 zoning district is designed to accommodate
detached single- family homes with or without accessory residential units at a minim lot size
of 7,500 square feet. Duplexes and attached single - family units are permitted conditionally.
Some civic and institutional uses are also permitted conditionally.
LOCATION: 11255 SW 79th Avenue, just north of SW Pfaffle Street; Washington County Tax Map
1S136CA, Tax Lot 3200.
PROPOSED PARCEL 1: 12,330 Square Feet
PROPOSED PARCEL 2: 7,630 Square Feet
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters: 18.390, 18.420, 18.510, 18.705, 18.715, 18.745,
18.765, 18.790, 18.795 and 18.810.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the
'rest for a partition subject to certain conditions. The findings and conclusions on which the decision is based are
d in Section V.
•
NOTICE OF DEQSION MLP2007- 00016 /QMPAN PARTITION PAGE 1 OF 19
1
V
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY
ONSITE IMPROVEMENTS, INCLUDING DEMOLITION, GRADING, EXCAVATION AND/
FILL ACTIVITIES:
The applicant shall contact or submit the following requirements to the CITY ARBORIST, TODD PRAGER
(503) 718 -2700:
1. Prior to any site work, the applicant shall position fencing as directed by the project arborist to protect the trees
to be retained. All trees to be retained shall be protected with five or six (5' -. 6') foot high chain link fences.
Fences are to be mounted on two inch diameter_ggalvanized iron posts driven into the ground to a depth of at
least 2 -feet at no more than 10 -foot spacing. The applicant shall allow access by the City Arborist for the
purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are
performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated
locations shall be grounds for immediate suspension of work on the site until remediation measures and /or civil
citations can be processed.
If work is required within an established tree protection zone, the project arborist shall prepare a proposal
detailing. the construction techniques to be employed and the likely impacts to the trees. The proposal shall be
reviewed and approved by the City Arborist before proposed work can proceed within a tree protection zone.
The City Arbonst may require changes prior to approval. The project arborist shall be on site while work is
occurring within the tree protection zone and submit a summary report certifying that the work occurred per
the proposal and will not significantly impact the health and /or stability of the trees.
2. From initial tree protection zone (TPZ) fencing installation through the building construction . phases, the
applicant shall have an on -going responsibility to ensure that the Project Arborist has submitted written reports
to the City Arborist, at least once every two weeks, as the Project Arborist monitors the construction activities.
The reports shall evaluate the condition and location of the tree protection fencing,. determine if any changes
occurred to the TPZ, and if any part of the Tree Protection Plan has been violatedf the amount of TPZ was
reduced then the Project Arbonst shall certify that the construction activities did not adversely impact the
overall long -term health and stability of the tree(s). If the reports are not submitted to the City Arbonst at the
scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan are not being :ollowed by the
contractor or a sub - contractor, the City can stop work on the project until an inspection can be done by
City Arborist and the Project Arborist.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans
that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: EMILY ENG
(503) 718 -2712. The cover letter shall clearly identify where in the submittal the required information is found:
3. Prior to final plat approval, the applicant shall revise the site plan to show a clear vision triangle for each
driveway per Chapter 18.795.
The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans
that address the Iollowing requirements to the ENGINEERING DEPARTMENT, ATTN: HIM
MCMILLAN 503 - 639 -4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
4. A Public Facility Improvement (PFI) permit is required for this project to cover the public sidewalk, street trees
and any other work in the public right -of -way. Six (6) sets of project public improvement plans shall be
submitted for review to the Engineering Department. NO in 1E: these plans are addition to any drawings
required by the Building Division and should only include sheets relevant to public improvements. Public
Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design
Standards, which are available at City Hall and the City's web page (www.tigard - or.gov).
5. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the
individual or corporate entity who will be designated as the "Permittee ", and who will provide 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 procc
of project documents.
NOTICE OF DECISION MLP2007- 00016 /QMPAN PARTITION PAGE 2 OF 19
6. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer.
The purpose of this plan is for parking and traffic control during the public improvement construction phase.
The City Engineer may determine the necessity for, and require submittal and approval of, a construction access
and parking plan for the home building phase. If the City Engineer deems such a plan necessary, the applicant
shall provide the plan prior to issuance of building permits.
8. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart,
Engineering).
9. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility
Improvement pernut, indicating that they will construct the following frontage improvements along SW 79th
Avenue as a part of this project:
A. 5 -foot concrete sidewalk with planter strip, in accordance with Figure 18.810.4.A of the '1DC;
B. street trees in the planter strip spaced per'1UC requirements; and
G driveway apron.
10. The applicant shall obtain approval from the Tualatin Valley Water District for the proposed water connection
prior to issuance of the City's Public Facility Improvement permit.
11. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings.
The plan shall conform to the Erosion Prevention and Sediment Control Design and Planning Manual,
February 2003 edition."
12. A final grading plan shall be submitted showing the existing and proposed contours. The plan shall detail the
provisions for surface drainage of all lots, and show that they will be graded to insure that surface drainage is
directed to the street or a public storm drainage system approved by the Engineering Department. For
situations where the back portions of lots drain away from a street and toward adjacent lots, appropriate private
storm drainage lines shall be provided to sufficiently contain and convey runoff from each lot.
The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global
positioning system (GPS) geodetic control network (GC 22) as recorded in Washington County survey records.
Ihhese monuments shall be on the same line and shall be of the same precision as required for the subdivision
plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
established by.
• GPS tie networked to the City's GPS survey.
By random traverse using conventional surveying methods.
14. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to
practice in Oregon, and necessary data or narrative.
B. Attach a check ii the amount of the current final plat review fee (Contact Planning /Engineering Permit
Technicians, at (503) 639 - 4171, ext. 2421).
G The final plat and data or narrative shall be drawn to the minim standards set forth by the Oregon
Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
D. The right -of -way dedication for SW 7'9 Avenue, providing 27 feet from centerline, shall be made on
the final plat.
E. NOTE: Washington County will not begin their review of the final plat until they receive notice from
the Engineering Deppartment indicating that the City has reviewed the final plat and submitted
comments to the applicant's surveyor.
F. After the City and County have reviewed the final plat, submit one mylar copy of the final plat for City
Engineer signature (for partitions), or City Engineer and Community Development Director signatures
(for subdivisions).
NOTICE. OF DECISION MLP2007- 00016 /QMPAN PARTITION PAGE 3 OF 19
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF SITE OR BUILDING PERMITS:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or
that address the following re uirements to the CITY ARBORIST, TODD PRAGER (503) 718 -2700. The
cover letter shall clearly identi y where in the submittal the required information is found:
15. If the Builder is different from the Developer or initial applicant:
Prior to a building permit, the applicant shall submit a site plan drawing indicating the location of trees that
were preserved on the lot during site development. In addition, the plan shall include accurate locations of tree
canopy driplines and protection fencing, and a signature of approval from the project aborist regarding the
placement and construction techniques to be employed in building the structures. All proposed protection
fencing shall be installed and inspected prior to commencing construction. The fencing shall remain in place
through the duration of all of the building construction phases, until the Certificate of Occupancy has been
approved. Prior to final inspection for each lot, the applicant shall submit a final report by the Project Arborist
certifying the health of protected trees and that the street trees were properly planted per the approved street
tree plan. Tree protection measures may be removed and final inspection authonzed upon review and approval
by the City Arbonst.
16. Prior to building . permits, the applicant /owner shall record deed restrictions to the effect that any existing tree
greater than 6" diameter 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
decision should either die or be removed as a hazardous tree.
The applicant shall prep a cover letter and submit it, along with any supporting documents and /or plans
that address the following requirements to the ENGINEERING -D EPARTMENT, ATTN: KIM
MCMILLAN 503 - 639 -4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
17. Prior to issuance of building peanuts, the applicant shall provide the Engineering Department with a F
copy of the recorded final plat.
18. Prior to issuance of building permits within the subdivision the City Engineer shall deem the public
improvements substantially complete. 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 substantially completed, and 4) all street lights
are installed and ready to be energized.
19. The applicant shall either place the existing overhead utility lines along SW 79th 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 $35.00 per lineal foot. If the fee option is chosen, the
amount will be $5,250.00 and it shall be paid prior to issuance of building permits.
20. During issuance of the building for Parcels 1 and 2, the applicant shall pay the standard water quality
and water quantity fees per lot (fee amounts will be the latest approved by CWS).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO A FINAL INSPECTION:
The applicant shall prepare a cover letter and submit it, along with any supporting documents and /or plans
that address the following requirements to the CITY ARBORIST, TODD PRA (503) 718 -2700. The
cover letter shall clearly identif where in the submittal the required information is found:
21. Prior to a final inspection, the Project Arborist shall submit a final certification indicating the elements of the
Tree Protection Plan were followed and that all remaining trees on the site are healthy, stable, and viable in their
modified growing environment.
22. Prior to a final inspection, the applicant shall submit protection standards and methods that will be used
construction. Specifically, the post - construction protection program should include standards and method._
landscaping around protected trees.
NOTICE OF DECISION ML.P2007- 00016 /CIMPAN PARTITION PAGE 4 OF 19
The applicant shall contact the CURRENT PLANNING DIVISION, ATTN: EMILY ENG 503 - 718 -2712:
Prior to a final inspection, a member of the planning staff will visit the site to ensure that the development is in
conformance with this decision.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE
EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION
OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information and History
The subject property is located on the west side of SW 79 Avenue just north of SW Pfaffle Street. The surrounding
area is single - family with commercial development nearby on SW Pfaffle Street. The subject property is generally flat,
with a slope of less than 2 %. There are existing trees within the property toward the penphery of tile lot. A single -
family home exists on the lot. The applicant recently built an addition for the purpose of using the home for adult
foster care.
Proposal:
The applicant is requesting approval to partition one 20,259 -SF lot into two lots of 12,330 SF and 7,630 SF. The
existing single- family home will be retained on the larger lot (Lot 1) and a new single - family home will be built on Lot
2. The applicant received a building peimit in March 2007 to build an addition to the existing home and plans to use
the existing home for adult foster care. The garage on the south side of the existing home will be demolished to allow
for construction of the new home.
cF. CTION IV. PUBLIC COMMENTS
—if sent notice to all property owners within 500 feet of the subject property and received 1 letter (see land use file).
John Cimpan, the applicant and owner of the subject . property, wrote of his concerns regarding the street
improvements that would be required for the proposed partition. Mr. Cimpan, who included photos anda collection
of signatures of neig�h has proposed that the City require no street improvements (a sidewalk and planter strip
woul be required). reasons reasons are summarized below:
a Other partitions in the surrounding area were approved and completed with no required improvements.
b The improvements could be a financial hardship. The property is being developed for the applicant's personal
use and not for profit, such as it would by a developer.
c) The sidewalk may encourage people to take their dogs to the property and make a "mess." The sidewalk would
be the only piece of sidewallc along that street and could attract unwanted activity suc as "mess, noise etc..."
d) Other neighbors do not want sidewalk and p lanter strip improvements on SW 79 Avenue. Neighbors are
concerned about how the City standard of sidewalk and planter strip will affect mature trees. In addition they
are concerned about the safety of having only a portion of the street developed with sidewalk, as would be
required for this partition.
RESPONSE: As discussed in the Street and Utility Improvements section of this decision, a sidewalk and planter strip
are standard requirements for partitions. The applicant s arguments are addressed below:
a) The current code does not consider whether or not partitions in the past were required the same street
improvements.
b) The applicant is proposing_new development and a sidewalk and planter strip are required for the type of
development proposed. The code considers whether the dedication of real property interests is roughly
proportional to the impacts of the proposed development. A sidewalk and planter strip was found to be
roughly proportional. The code does not consider whether the required improvements would be a personal
financial hardship for the applicant.
c� There is no evidence that a sidewalk encourages people or animals to make noise or a mess.
cal The applicant is requesting Cite approval For new development and is therefore, required to provide the
standard street improvements. When or if other owners apply for new development, they will also be required
to satisfy current street standards. The applicant may propose to design street improvements to protect mature
trees, which the Engineering Department will consider when reviewing plans.
NOTICE OF DECISION MLP2007- 00016 /QMPAN PARTITION PAGE 5 OF 19
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
Land Partitions (18.420)
Approval Criteria (18.420.050.A):
1. The proposed partition complies with all statutory and ordinance requirements and regulations;
The proposed partition complies or can be made to comply with all statutory and ordinance requirements and
regulations as demonstrated by the analysis contained within this administrative decision and through the imposition of
conditions of approval. Provided all conditions of approval are satisfied as part of the development and building
process, this cntenon is met.
2. There are adequate public facilities available to serve the proposal;
Public facilities are discussed in detail later in this decision under Street & Utility Improvement Standards (Chapter
18.810). Based on the analysis provided therein, adequate public facilities are available to serve the proposal. Therefore,
this criterion is met.
3. All proposed improvements meet City and applicable agency standards; and
The public facilities and proposed improvements are discussed in the Public Facility Concerns section of this decision.
Conditions of approval will ensure that all proposed improvements meet City and agency standards. Improvements
will be reviewed as part of the permit process and during construction, at which time the appropriate review authority
will ensure that City and applicable agency standards are met. Based on the analysis in this decision, this criterion is
met.
4. All proposed lots conform to the specific requirements below:
(a) The minimum width of the building envelope area shall meet the lot requirement of the applicable zor
district.
The width of the building envelope area for Lots 1 and 2 is 90.5 feet and 58.75 feet, respectively. Therefore, the
standard of 50 feet is exceeded.
(b) 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.
The lot area for Lots 1 and 2 are 12,330 scuare feet and 7,630 square feet, respectively. Therefore, all parcels meet the
required minim of 7,500 square f Neither lot is a flag lot.
(c) 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.
Parcels 1 and 2 will have 95 feet and 54 feet of frontage on SW 79 Avenue. Therefore, both lots exceed the required
frontage of 15 feet.
(d) Setbacks shall be as required by the applicable zoning district.
Lots 1 and 2 meet the setback requirements of 20 feet front, 5 feet side and 15 feet rear for interior lots. The existing
home on Lot 1 will have the following setbacks: 20.5 feet front and garage, 5 feet side and 17.2 feet rear. The site
plan shows that the proposed new home will be within the permitted setbacks.
(e) 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.
Neither proposed lot is a flag lot. Therefore, this criterion does not apply.
NOTICE. OF DECISION MLP2007- 00016 /CIMPAN PARTITION PAGE 6 OF 19
(f) 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 18.745.040. Screening may also be
- -, -wired to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed
'elopment.
This standard is applicable to flag lots and does not apply to the proposed partition.
(g) The fire district may require the installation of a fire hydrant where the length of an accessway would have
a detrimental effect on fire- fighting capabilities.
The applicant does not propose any private accessways. All parcels will have direct access to a public street.
Therefore, this criterion does not apply.
(h) Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will
ensure access and maintenance rights shall be recorded with the approved partition map.
A common drive is not proposed or required. Therefore, this criterion does not apply.
5. Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and Circulation.
As shown later in this decision under "Access, Egress and Circulation (18.705)," the standards in Chapter 18.705 have
been met.
6. Where landfill and /or development is allowed within or adjacent to the one - hundred year floodplain, the
city shall require consideration of 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.
The proposed partition is not adjacent to or in the one - hundred year floodplain. The nearest floodplain is about 1/2
away from the partition site. The highest elevation of the nearest floodplain is 165 feet. The lowest elevation of
partition site is 220 feet. Therefore, this criterion does not apply.
7. An application for a variance to the standards prescribed in this chapter shall be made in accordance with
Chapter 18.370, Variances and Adjustments. The applications for the partition and variance(s) /adjustment(s)
will be processed concurrently.
The applicant has requested not requested any variances or adjustments.
FINDING: All approval criteria for the proposed partition have been met or can be met by satisfying
conditions of approval.
Residential Zoning Districts (18.510)
Development standards in residential zoning districts are contained in Table 18.510.2. Below is a comparison
of the development standards and the proposed dimensions:
DE STANDARDS and PROPOSED DIMENSIONS
R -4.5 Pastel 1 (Existing Pastel 2
Standards House) Proposed
Minimum Lot Size
- Detached unit 7,500 sq. ft. 12,330 sq. ft. 7,630 sq. ft.
Average Minimum Lot Width
- Detached unit lots 50 ft. 90.5 ft. 58.75 ft.
Minimum Setbacks
- Front yard 20 ft.. 20.5 ft. 28.0 ft.
- Side yard 5 ft. 5.0 ft. 5.0 ft.
- Rear yard 15 ft. 17.2 ft. 18.0 ft.
- Distance between property line and front of garage 20 ft. 20.5 ft 28.0 ft.
Maximum Height 30 ft. <30 ft Can be met
NOTICE OF DECISION MLP2007- 00016 /QMPAN PARTITION PAGE 7 OF 19
FINDING: As shown in the comparison table above, development standards have been met or can be met
during building plan review.
Access, Egress and Circulation (18.705)
Chapter 18.705 establishes standards and regulations for safe and efficient vehicle access and egress on a site
and Tor general circulation within the site.
General Provisions (18.705.030):
Continuing obligation of property owner. The provisions and maintenance of access and egress stipulated in
this title are continuing requirements for the use of any structure or parcel of real property in the City.
Access plan requirements.
No building or other permit shall be issued until scaled plans are presented and approved as provided by this
chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall
submit a site plan. The Director shall provide the applicant with detailed information about this submission
requirement.
The applicant has submitted a site plan showing how access, egress and circulation requirements will be fulfilled.
Therefore, this criterion is met.
Public street access.
All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect directly with
a public or private street approved by the City for public use and shall be maintained at the required
standards on a continuous basis.
Parcels 1 and 2 have direct access to SW 79 Avenue, thereby meeting this criterion.
Curb Cuts. Curb cuts shall be in accordance with Section 18.810.030.0.
There is an existing curb. The site plan shows there will be two curb cuts for the two driveways. Curb cuts will ue
reviewed when the applicant submits construction drawings for a Public Facility Improvement Permit.
Inadequate or hazardous access.
(1) Applications for building permits shall be referred to the Commission for review when, in the opinion of
the Director, the access proposed would cause or increase existing hazardous traffic conditions; or would
provide inadequate access for emergency vehicles; or would in any other way cause hazardous conditions to
exist which would constitute a clear and present danger to the public health, safety and general welfare.
The Director has not determined the proposed accesses would require review by the Commission. Therefore, this
criterion does not apply.
(2) Direct individual access to arterial or collector streets from single - family dwellings and duplex lots shall be
discouraged. Direct access to major collector or arterial streets shall be considered only if there is no practical
alternative way to access the site.
SW 79 Avenue is a local street, not a collector or arterial street. Therefore, this criterion does not apply.
(3) In no case shall the design of the service drive or drives require or facilitate the backward movement or
other maneuvering of a vehicle within a street, other than an alley. Single- family and duplex dwellings are
exempt from this requirement.
This proposal is for single - family homes and is, therefore, exempt from meeting this criterion.
Access Management
(1) An access report shall be submitted with all new development proposals which verifies design of driveways
and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as se
ODOT, Washington County, the City and AASHTO.
NOTICE OF DECISION MLP2007- 00016 /QMPAN PARTITION PAGE 8 OF 19
The proposed application is for a 2 lot partition. The existing garage will be removed and relocated to the north side
of the existing home and a new driveway constructed for access. A second driveway is proposed near the shared
-- °operty line Between the two proposed lots to access the new lot to the south.
le grade of SW 79th. Avenue is approximately 2%. There should be adequate sight distance each direction from the
proposed driveways for at least 250 feet, which is 10 times the speed limit in a residential neighborhood.
(2) Driveways shall not be permitted to be placed in the influence area of collector or arterial street
intersections. Influence area of intersections is that area where queues of traffic commonly form on approach
to an intersection. The minimum driveway setback from a collector or arterial street intersection shalle 150
feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The
setback may be greater depending upon the influence area, as determined from City Engineer review of a
traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150
feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If
shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible.
The proposed driveways are more than 150 feet from SW Pfaffle Street, which is classified as a Collector street,
thereby meeting this cnterion.
Minimum Access Requirements for Residential Use
(1) Vehicular access and egress for single-family, duplex or attached single - family dwelling units on
individual lots and multi - family residential uses shall not be less than as provided in Table 18.705.1 and Table
18.705.2;
Table 18.705.1 states that the minimum vehicular access and egress for single-family dwelling units on individual lots
shall be one 10 -foot paved driveway within a 15- foot -wide access for up to 2 lots. The site plan shows that each lot has
30 feet of access and - each home will have a 16 -foot paved driveway. _erefore, this standard is met.
FINDING: Based on the findings above, the access, egress and circulation have been met.
nsity Computations (18.715)
s ection 18.715.020 provides density calculation formulas. Number of dwelling units is determined by the
following:
A. Definition of net development area. Net development area, in acres, shall be determined by
subtracting the following land area(s) from the gross acres, which is all of the land included in the
legal descnption of the property to be developed:
1. All sensitive land areas
2. All land dedicated to the public for park purposes;
3. All land dedicated for public rights - of - way.
4. All land proposed for private streets; and
5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling
is to remain on the site.
The applicant provided the following calculation for net developable area:
Gross site area: 20,259 SF
Public ROW dedication: - 299 SF
Net developable area: 19,960 SF
B. Calculating maximum number of residential units. To calculate the maximum number of residential
units per net acre, divide the number of square feet in the net acres by the minimum number of square
feet required for each lot in the applicable zoning district.
The maximum number of residential units permitted is 2, as shown below:
60 SF /7,500 SF = 2.66 units = 2 units
NOTICE OF DECISION MLP2007- 00016 /QMPAN PARTITION PAGE 9 OF 19
C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum
number of residential units per net acre shall be calculated by multiplying the maximum number of
units determined in Subsection B above by 80% (0.8).
The minimum number of residential units is 2, as shown below:
2.66 units x 0.8 = 2.12 units = 2 units
FINDING: The proposed partition complies with the density permitted by the Code.
Landscaping and Screening (18.745)
Street trees (18.745.040):
A. All development projects fronting on a public street, private street or a private driveway more than 100 feet
in length approved after the adoption of this title shall be required to plant street trees in accordance with the
standards in Section 18.745.040
The applicant proposes street trees, as shown on the site plan. Therefore, this standard is met.
B. Street Tree Planting List. Certain trees can severely damage utilities, streets and sidewalks or can cause
personal injury. Approval of any planting list shall be subject to review by the Director.
The applicant proposes to plant Kousa Dogwood, which is an approved tree on the City's street tree list. Therefore,
this requirement is met.
C. Size and Spacing of Street Trees. The specific spacing of street trees by size of tree shall be as stated in
Section 18.745.040.C.2 of the code.
The Kousa Dogwood is a small- stature tree, which the code requires to be spaced no more than 20 feet apart. The
site plan shows there will be 4 trees spaced no more than 20 feet apart, except }or where there is a driveway.
The City Arborist notes that it would be acceptable for the applicant to include a note on the street tree plan that slight
variations in placement may be required due to driveways, utilities, etc., but every attempt will be made to keep the
same net number of street trees that are shown on the plans.
FINDING: Based on the findings above, the applicable Landscaping and Screening criteria are met.
Off -Street Parking and Loading Requirements (18.765)
Section 18.765.020.A states that at the time of the erection of a new structure within any zoning district,
offstreet vehicle parking will be provided in accordance with Section 18.765.070 (minimum and maximum
parking requirements).
For single - family dwellings, one parking space per dwelling unit is required. The applicant acknowledges this
requirement. The existing home has a new two-car garage. The applicant indicates that the new home will also have a
two-car garage. Therefore, this criterion is met.
Section 18.765.030.B.1 states that off -street parking spaces for single - family and duplex dwellings and single -
family attached dwellings shall be located on the same lot with the dwelling(s).
The two-car garages will be on the individual lots. Therefore, this criterion is met.
FINDING: Based on the findings above, parking and loading requirements have met.
Tree Removal (18.790)
Tree Plan Requirements (18.790.030):
A. A tree lan for the planting, removal and protection of trees prepared by a certified arborist shat'
provided for any lot, parcel or combination of lots or parcels for which a development application fog
subdivision, partition, site development review, planned development or conditional use is filed. Protection is
preferred over removal wherever possible.
NOTICE OF DECISION MLP2007- 00016 /CIMPAN PARTITION PAGE 10 OF 19
As required, the applicant has provided a tree plan conducted by Robert Mazaney, a certified arborist. However, the
--- -e plan does not contain all of the required elements (see B4 below).
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;
This requirement has been met.
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.
The applicant plans on retaining 1 of 1 tree over 12" on site. This represents a 100% retention rate, so no mitigation or
cash assurance is required.
Identification of all trees which are proposed to be removed;
1 his requirement has been met.
4. A protection program defining standards and methods that will be used by the applicant to protect
trees during and after construction.
The arborist report does not contain protection standards and methods that will be used after construction.
Specifically, the post - construction protection program should include standards and methods for landscaping around
protected trees. Any harm to protected trees may be subject to fines and civil penalties.
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.
There is no evidence that any trees on the property have been removed within a year of this development application.
Subsequent Removal of a Tree (18.790.040):
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.
A condition of approval will ensure that this standard is met.
.DING: Tree protection has not fully been met. The applicant shall satisfy the conditions below:
NOTICE OF DEQSION MLP2007- 00016 /QMPAN PARTITION PAGE 11 OF 19
CONDITIONS:
• Prior to a final inspection, the applicant shall submit protection standards and methods that
will be used after construction. Specifically the post - construction protection progr --
should include standards and methods for lancscapulg around protected trees.
• Prior to any site work, the applicant shall position fencing as directed by the project arborist
to protect the trees to be retained. All trees to be retained shall be protected with five or six
(5' - 6') foot high chain link fences. Fences are to be mounted on two inch diameter
galvanized iron posts, driven into the ground to a depth of at least 2 -feet at no more than
10 -foot spacing. The applicant shall allow access by the City Arborist for the purpose of
monitoring and inspection of the tree protection to verify that the tree protection measures
are performing adequately. Failure to follow the plan, or maintain tree protection fencing in
the designated locations shall be grounds for immediate suspension of work on the site
until remediation measures and /or civil citations can be processed.
If work is required within an established tree protection zone, the project arborist shall
prepare a proposal detailing the construction techniques to be employed and the likely
impacts to the trees. The proposal shall be reviewed and approved - by the City Arbonst
before proposed work can proceed within a tree protection zone. The City Arbonst may
require changes prior to approval. The project arbonst shall be on site while work is
occurring within the tree protection zone and submit a summary report certifying that the
work occurred per the proposal and will not significantly impact the health and /or stability
of the trees.
• If the Builder is different from the Developer or initial applicant:
Prior to a building permit, the applicant shall submit a site plan drawing indicating the
location of trees that were preserved on the lot during site development. In addition, the
plan shall include accurate Locations of tree canopy dnplines and protection fencing, and a
signature of approval from the project arbonst regarding the placement and construction
techniques to be employed in building the structures. All proposed protection fencing shall
be installed and inspected prior to commencing construction. The fencing shall rema•
place through the duration of all of the building construction phases, until the Certifica.
O ccupancy has been approved. Prior to final inspection for each lot, the applicant shall
submit a final report by the Project Arbonst certifying the health of protected trees and that
the street trees were properly planted per the approved street tree plan. Tree protection
measures may be removed and final inspection authorized upon review and approval by the
City Arbonst.
• From initial tree protection zone . (TPZ) fencing installation through the building
construction phases, the applicant shall have an on -going responsibility to ensure that the
Project Arbonst has submitted written reports to the City Arbonst, at least once every two
weeks, as the Project Arbonst monitors the construction activities. The reports shall
evaluate the condition and location of the tree protection fencing, determine if any changes
occurred to the TPZ, and if any part of the Tree Protection Plan has been violated. If the
amount of TPZ was reduced, then the Project Arbonst shall certify that the construction
activities did not adversely impact the overall, long -term health and stability of the tree(s).
If the reports are not submitted to the City Arborist at the scheduled intervals, and it
appears the TPZ's or the Tree Protection Plan are not being followed by the contractor or a
sub - contractor, the City can stop work on the project until an inspection can be done by the
City Arborist and the Project Arbonst.
• Prior to a final inspection, the Project Arborist shall submit a final certification indicating
the elements of the Tree Protection Plan were followed and that all remaining trees on the
site are healthy, stable, and viable in their modified growing environment.
• Prior to building permits, the applicant /owner shall record deed restrictions to the effect
that any existing tree greater than 6" diameter may be removed only if the tree dies or is
hazardous according to a certified arbonst. The deed restriction maybe removed or will I,P
considered invalid it a tree preserved in accordance with this decision should either d'
be removed as a hazardous tree.
NOTICE OF DECISION MLP2007- 00016 /QMPAN PARTITION PAGE 12 OF 19
Visual Clearance Areas (18.795)
This Chapter requires that a clear vision area shall be maintained on the corners of all property adjacent to
= tight-of-ways or the intersection of a public street and a private driveway. A clear vision area
11 contain no vehicle, hedge, planting, wall structure, or temporary or permanent obstruction
_ .ceedin three (3) feet in height. - The code provides that obstructions that may be located in this area shall
be visual�y clear between three (3) and eight (8) feet in height. Trees may be placed within this area provided
that all branches below eight (8) feet are removed. A visual clearance area is the triangular area formed by
measuring from the corner, 30 along the right of way and along the driveway and connecting these two
points with a straight line.
The applicant acknowledges the visual clearance standard and indicates visual clearance will be addressed on the
construction plans. However, the applicant must show on the site plan that visual clearance standards are met and shall
revise the site plan to show a clear vision triangle for each driveway.
FINDING: Visual clearance standards are not met.
CONDITION: Prior to final plat approval, the applicant shall revise the site plan to show a clear vision triangle
for each driveway per Chapter 18.795.
Impact Study (18.390)
Section 18.360.090 states, "The Director shall make a finding with resect to each of the following criteria
when approving, approving with conditions or denying an application:"
Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of
development on public facilities and services. For each public facility system and type of impact, the
study shall propose improvements necessary to meet City standard, and to minimize the impact of the
development on the public at large, public facilities systems, and affected private property users.
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
dence that supports that the real roperty dedication is not roughly proportional to the projected Impacts
:he development. Section 18.390 .0 states that when a condition of approval requires the transfer to the
public of an interest in real property, the approval authority shall adopt findings which support the conclusion
that the interest in real property to be transferred is roughly proportional to the impact the proposed
development will have on the public.
The applicant has provided an impact study that quantifies the effect of the proposed partition on the services below:
Sewer: The existing home is already connected to an existing 8 -inch sewer line inn SW 79 Avenue. The new home
will be connecting to the same line.
Water: There is an existing 4 - inch water line in SW 79th Avenue and a 6 - inch water line in SW Pfaffle Street. The
applicant proposes to connect the new home to the line in SW 79 providing a new 3 / -inch water meter and 1 -inch
service line. Tualatin Valley W� ater District (TVWD) provides service to this area and the applicant has been required
to submit their plans to TVWD for approval.
Storm Drainage: The applicant indicates that storm water will be directed to wesp holes in the curb and will discharge
to the gutter where it will flow to the existing public storm system in SW 79 Avenue. The proposal is adequate
because CWS standards include a provision that would exclude small projects such as residential land partitions from
having to construct a storm water quantity and quality facility. Therefore, the Engineering Department has
recommended that the applicant pay a fee In -lieu.
Parks: The applicant will be required to pay a parks systems development charge for the new home at the time of
building permits.
Transportation: The proposed new home will have direct access to SW 79 Avenue, a local street. SW Pfaffle Street, a
collector, is about 200 feet south of the proposed site. SW Pacific Highway, an artenal, is about 900 feet away. The site
is also about 900 feet away from the bus line on SW Pacific Highway. Tn -Met has not required any improvements to
bus stop on SW 78 Avenue and SW Pacific Highway. To mitigate the project's impact to the collector and arterial
eet system, the applicant will be required to dedicate 2 feet of right -of -way from centerline and provide a sidewalk
and planter strip along the site's frontage. In addition, the applicant is required to pay a Washington County Traffic
Impact Fee (TI) at the time of building permits.
NOTICE OF DECISION MLP2007- 00016 /QMPANPARTITION PAGE 13 OF 19
Mitigated Costs and Rough Proportionality.
The applicant will pay a '.I F at the time of building permits. The TIF is a mitigation measure that is required for r-77 development. Based on recent Washington County figures, TIF's are expected recapture 20% of the traffic in
of new development on the Collector and Arterial Street system. The applicant will be required to pay TIF
approximately $3,020 (Effective July 1, 2004) per new dwelling unit. Therefore, the TIF for this proposed development
is $3,020 ($3,020 1 new dwelling unit).
Based on the estimate that total TIF fees cover 20% of the impact on major street improvements citywide, a fee that
would cover 100 percent of this project's traffic impact is $15,100 ($3,020 ± 0.20). The difference between the TIF
paid, and the full impact, is considered the unmitigated impact on the street system. The unmitigated impact of this
project on the transportation system is $12,080 ($15,100 - $3,020). Based on the analysis below, there are $7,808 worth
of unmitigated impacts left. Therefore, the required right - of-way dedication and improvements meet the rough
proportionality test.
Mitigated Costs (Estimate)
Sidewalk (5 ft) and planter strip w /existing curb... ... ....$3 375
Right -of -way dedication (299 sq ft)... .................. ...........................$897
Total Mitigated Costs... ...
Rough Proportionality
Full act ...................................... ............................... $15,100
Less '1'iF Assessment... ... ... .3,020
Less Mitigated Costs ............................. ............................... 4,272
Estimated Value of Unmitigated Impacts $ 7,808
PUBLIC FACILITY CONCERNS
Street And Utility Improvements Standards (Section 18.810):
Chapter 18.810 provides construction standards for the implementation of public and private facilities and
utilities such as streets, sewers, and drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in
accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing
street shall be dedicated and improved in accordance with the TDC.
Minimum Rights -of -Way and Street Widths: Section 18.810.030.E requires a local street to have a 54 foot
right -of -way width and 32 -foot paved section. Other improvements required may include on -street parking,
sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees.
This site lies adjacent to SW 79th Avenue, which is classified as a Local Street on the City of Tigard Transportation Plan
Map. At present, there is approximately 25 feet of ROW from centerline, according to the most recent tax assessor's
map. The applicant should dedicate the additional ROW to provide 27 feet from centerline.
SW 79th Avenue is currently partially improved. In order to mitigate the impact from this development, the applicant
should construct a 5 foot sidewalk and a foot planter strip between the existing curb and sidewalk in accordance with
Figure 18.810.4.A. The applicant has requested that the sidewalk be curbside, but the standard requires a planter strip.
This development does not meet any of the planter strip exemptions of 18.810.070.0. The applicant also requested he
be allowed to enter into a future improvement guarantee in lieu of constructing the sidewalk future improvement
guarantee is only granted when the extent of improvements exceeds the rough proportionality analysis or when
construction of improvements is not possible due to the existing conditions requiring extensive off -site improvements.
Because the curb is already in place, neither of the above situations exists with this development; therefore, the
applicant shall construct the sidewalk and planter strip per the standard of Figure 18.810.4.A.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12 °/
collector streets, or 12% on any other street (except that local or residential access streets may have segm .
with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as
determined by the City Engineer.
NOTICE OF DECISION MLP2007- 00016 /QMPAN PARTITION PAGE 14 OF 19
The existing grade along SW 79th Avenue is approximately 2 %, thereby meeting this criterion.
ck Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with
_ae
regard providing adequate building sites for the use contemplated, consideration of needs for
convenient access, circulation, control and safety of street traffic and recognition of limitations and
opportunities of topography.
Block Sizes: Section 18.810.040.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:
• Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-
existing development or,
• For blocks adjacent to arterial streets, limited access highways, major collectors or railroads.
• For non - residential blocks in which internal public circulation provides equivalent access.
No new blocks are being formed or required. Therefore, this criterion does not apply.
Lots - Size and Shape: Section 18.810.060(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.
Parcel 2 is less than 1.5 times the minim lot size (1.5 x 7,500 SF = 11,250 SF). Therefore, this criterion does not
apply for Parcel 2. Parcel 1 is 12,330 square feet. The lot depth (133.5 ft) is 1.48 tunes the average lot width (90.5 ft.);
therefore, the criterion is met.
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private
streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to
either have a minimum 15 -foot frontage or a minimum 15 -foot wide recorded access easement. In cases
where the lot is for an attached single- family dwelling unit, the frontage shall be at least 15 feet.
`h lots have more than 15 feet of frontage required for partitions. Parcels 1 and 2 have 95 feet and 54 feet of
stage, respectively.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be
located on both sides of arterial, collector and local residential streets. Private streets and industrial streets
shall have sidewalks on at least one side.
The applicant has requested that the sidewalk be curbside, but the standard requires a planter strip. This development
does not meet any o} the planter strip exemptions of 18.810.070.C. The applicant also requested he be allowed to
enter into a future improvement rantee in lieu of constructing the sidewalk This future improvement guarantee is
only granted when the extent of exceeds the rough proportionality analysis or when construction of
improvements is not possible due to the existing conditions requiring extensive off -site improvements. Because the
curb is already in place, neither of the above situations exists with this development; therefore, the applicant shall
construct the sidewalk and planter strip per the standard of Figure 18.810.4.A.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new
development and to connect developments to existing mains in accordance with the provisions set forth in
Design and Construction Standards }or Sanitary and Surface Water Management (as adopted by Clean Water
Services in 1996 and including any future revisions or amendments) and the adopted policies of the
compre hensive plan.
Over- sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional
development within the area as projected by the Comprehensive Plan.
There is an existing 8 inch public sewer in 79th Avenue. The applicant's plans show a lateral connection for the
proposed lot.
NOTICE OF DEQSION MLP2007- 00016 /QMPANPARTITION PAGE 15 OF 19
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water -�
flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility
shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside
or outside the development. The City Engineer shall approve the necessary size of the facility, based on the
provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or amendments).
There are no upstream drainage ways that impact this development.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer
that the additional runoff resulting from the development will overload an existing drainage facility, the
Director and Engineer shall withhold approval of the development until provisions have been made for
improvement of the potential condition or until provisions have been made for storage of additional runoff
caused by the development in accordance with the Design and Construction Standards for Sanitary and
Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or
amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek
Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a
stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up
to the 25 -year event. The City will require that all new developments resulting n an increase of impervious surfaces
provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those
developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention.
The CWS standards include a provision that would exclude small projects such as residential land partitions. It would
be impractical to require an on -site water quantity facility to accommodate detention of the storm water from Parcel 2:
Rather, the CWS standards provide that a ?phcants should pay a fee in -lieu of constructing a facility if dee
appropriate. Staff recommends payment of the fee in -lieu on this application.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed bikeways identified on
the City's adopted pedestrian /bikeway plan shall include provisions for theture extension of such bikeways
through the dedication of easements or right -of -way.
SW 79 Avenue is not an existing or proposed bicycle facility.
Utilities:
Section 18.810.120 states that all utility lines, 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, and:
• The developer shall make all necessary arrangements with the serving utility to provide the
underground services;
• The City reserves the right to approve location of all surface mounted facilities;
• All underground utilities, including sanitary sewers and storm drains installed in streets by the
developer, shall be constructed prior to the surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing the street improvements when
service connections are made.
NOTICE OF DECISION MLP2007- 00016 /CIMPAN PARTITION PAGE 16 OF 19
Exception to Under - Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-
lieu of under - grounding costs when the development is proposed to take place on a street where existing
- ilities which are not underground will serve the development and the approval authority determines that the
t and technical difficulty of under - grounding the utilities outweighs the benefit of under - grounding in
.,njunction with the development. The determination shall be on a case -by -case basis. The most common,
but not the only such situation is a short frontage development for which under-grounding would result in
the placement of additional poles, rather than the removal of above -ground utilities facilities. An applicant for
a development which is served by utilities which are not underground and which are located across a public
right -of -way from the applicant's property shall pay a fee in -lieu of under - grounding.
There are existing overhead utility lines along the frontage of SW 79th Avenue. If the fee in -lieu is proposed, it is
equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 150
lineal feet; therefore the fee would be $5,250.0
ADDITIONAL CITY AND /OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Public Water System:
The Tualatin Valley Water District (TVWD) provides service in this area. The applicant shall submit plans for
approval to TVWD. Approved plans must be submitted to City Engineering staff prior to issuance of the PNI Permit.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water
Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00 -7) 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 shall be submitted indicating the frequency and
method to be used in keeping the facility maintained through the year.
CWS standards include a provision that would exclude small projects such as residential land partitions. It would
mpractical to require an on -site water quality facility to accommodate treatment of the storm water from Parcel 2.
ts.ather, the CWS standards provide that applicants should pay a fee in -lieu of constructing a facility if deemed
appropriate. Staff recommends payment of the fee in -lieu on this application.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate 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 CWS
regulations, the applicant is required to submit an erosion control plan for City review and approval prior to
issuance of City permits.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban
Service Boundary (USB). An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be
paid to the City pnor to final plat approval.
Survey Requirements:
The applicant's final plat shall contain State Plane Coordinates AD 83 (91)] on two monuments with a tie to the
City's s positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line
d shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat
shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid
north. These coordinates can be established by
GPS tie networked to the City's GPS survey.
By random traverse using conventional surveying methods.
tddition, the applicant's as-built drawings shall be tied to the GPS network The applicant's engineer shall provide
City with an electronic file with points or each structure (manholes, catch basins, water valves, hydrants and other
water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD
83 (91).
NOTICE OF DECISION MLP2007- 00016 /QMPAN PARTITION PAGE 17 OF 19
SECTION VI. OTHER STAFF COMMENTS
The City of Tigard Engineering Department has reviewed the proposal. Full comments are included in the 1a
use file. Findings and conditions of approval are included in the Access, Egress and Circulation (18.705) section and
Streets and Utility Improvements (18.810) section of this decision.
City of Tigard Building Department has reviewed the proposal and has no objections.
The City Arborist has reviewed the proposal. Full comments are included in the land use file. Findings and
conditions of approval are included in Landscaping and Screening (18.745) section and Tree Removal (18.790) section
of this decision.
SECTION VII. AGENCY /OTHER SERVICE PROVIDER COMMENTS
Clean Water Services (CWS) has reviewed the proposal and provided comments related to sanitary sewer, storm
drainage and water quality and erosion control. Full comments are included in the land use file. The City of Tigard
Engineering Department has included CWS comments in its conditions of approval.
Tualatin Valley Water District (TVWD) has reviewed the proposal and notes that the location of water service for
the existing home is not shown on plans. The applicant must relocate this water service, if required, to avoid driveway
and sidew etc...
RESPONSE: The Engineering Department has required the applicant to submit plans to TVWD for review and
approval prior to receiving a Public Facility Improvement Permit..
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice: Notice was mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON FEBRUARY 4, 2008 AND BECOMES
EFFECTIVE ON FEBRUARY 20, 2008 UNLESS AN APPEAL IS FILED.
Ap
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise
adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may appeal this decision in
accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written
appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice
o} Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City
Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the
specific issues identified in the written comments submitted by the parties during the comment period. Additional
evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal
hearing, subject to any additional rules of procedure that maybe adopted from time to time by the appeLate body.
NOTICE OF DECISION MLP2007- 00016 /QMPAN PARTITION PAGE 18 OF 19
LL THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON FEBRUARY 19, 2008.
,aestions:
If you have any questions, please call the City of Tigard Current Planning Division, Tigard City Hall, 13125 SW Hall
Boulevard, Tigard, Oregon at (503) 639 -4171.
February 4, 2008
P1`'AR D: E y Eng DA'Z'E;
Assistant Planner
February 4, 2008
APPROVED BY: Richard H. B dorff DATE
Planning Manager
NOTICE OF DECISION MLP2007- 00016 /CIMPAN PARTITION PAGE 19 OF 19
- - -- ----------------
T W SPRUCE CITY of T.I Gt" -,,
- — - - n,-7---r----r-----r---r---I •
I ! I � 1� T 'I �.
i
I � GEOGRAPHIC IN FORMA STEM
:
- 1 A I I ; i ! °i � - CINITY l' AP • I
■
— - -- _ I
- - ' Ql I �I r— — r i =7
_ — i
I Iw f
i � MLP2007 -00016
w THORN _ Q
Q 1 I `- I � i , �_ c-.,, L -:
— 1ozo .: J\
C
1 NI
I STEVE ` - ST _ I t -- PARTITION
I 1 1 i —
( ( 1 W
1 Q
W i I I
Q
W I
T Q I _� I I LEGEND:
°
H U) I SITE
Q
cp 2
1— co H
%V ,
\-______ lap cr)
PFAFFLE — —y —_L— —J 1 i q
ST a'.:r. r.,r
��,F H �;� / '''''t''
/ L
o o \�
�\( Tigartl Area Map
Q PG\ N
Ili 0 80 160 240 320 400 Feet
_
1"= 308 fee I
L -; ii
r;
\ Inform on t is oy and
n.
should be ation verified with his map the Development for general Services onl Divisio
\\\I 13125 SW Hall Blvd
99 Tigard, OR 97223
(503)639 -4171
IL httpa /www.ci.tigard.or.us
Community Development Plot date: Dec 12, 2007; C:\magic\MAGICO3.APR
5' 11 ' LEGEND
LOT 18 ROOF DRAIN THROUGH
CURB WEEP HOLE II 25 ',, 25 ' -
O r ® 7
— ^ _ -- EXISTING RIGHT –OF –WAY
.. .. _._ __. ... y I I EXISTING PROPERTY LINE
cV ' 'ryr --- ------ EXISTING CURB RUNE
{ { II -
. 8 1 ` II — EXISTING OF 1 - -° - -- °-- -- - -•---- EXISTING GRAVEL EDGE •
LOT 21 • EXISTING f20 5 II > P
z EXISTING POWER LINE
HOUSE 1 'I't EXISTING GAS LINE
1 _I SAN EXISTING SANITARY SEWER UNE
I w EXISTING WATER LINE
,\--,-\ F PROPERTY BOUNDARY
. _ ..... ... • . -_. �� tJ
•'' • .. • PARCEL BOUNDARY
til„ . N
i l �� I - `O-+ EXISTING UTILITY POLE
1 .2' I EXISTING C U
® EXISTING GAS METER
W STREET
T $ 0 EXISTING SANITARY MANHOLE
• ' I I = ® EXISTING WATER VALVE
N Parcel 1 �� I n CD O EXISTING CLEANOUT •
12,330 SF - - -- — LATERIAL SANITARY JJ
1 °? II I Q 0 EXISTING TREE
N 1 1
= _ _4 `--� EXISTING SHRUB
0)
/ / 10.S5DIRCN \ \ � 1 , = I > N.
5' / H { 3 Pro po sed Street Trees: /� (:73 II v £ ;! Dogwood, Kousa 1� ,A, LO720 s2 — \ (Cormus k o usa) , 4 �� 1 • ._. ._.._.
18 ---0--- 71.88' �. �i st , - ) , 4*
�� 4" C.I. WATER S
PROPOSI D MAXIMUM ROOF DRAIN THROUGH I PLAN
BUILDING ENVELOPE PROPII.ED 1" WATER SERVICE
CURB WEEP HOLE `,,.. DRIVE jAY SCALE: r' =zo'
m NEW T4" WATER METER £ EXISTING 25' q. —�_ j
N 5 -6' CHAINLIN FENCE I v,•14 ' .' CENTERLINE HALFSTREET R/W
NEW SANITARY S.'VCE N1r: —I 2' R/W DEDICATION
�
CD' \ Parcel 2 I � / Cf, 1 .: — EXISTING 16'—
9.0" CEDAR : i ry N 5' 7,630 SF ,.� I O A ,0 1 6' EXISTING 5' S'— PAVEMENT
N N ` 2' DEDI II • TION I PLANTER WALK � SxI CURB
(• • _off N , ' ; �/ -
9 FIR ` \ 27 6.5" MAPLE � .II d HALF STREET SECTION
(� �'' 130.39' " yl SCALE: NTS
8.5" CEDAR
T- APPROXIMATE EXISTI DRIPUNE EXISTING SANITARY 1 4 1)
LOT 19 (ROOT PROTECnO ZONE) LATERAL �`-' Preliminary Partition and Utility Plan
LOT 15
L.** E L I oEs4tco BOG 8DG COMPASS ENGINEERING John 82-6420- 8420 7 Av 2 -Lot Partition iti
11255 SW 79th Avenue
SCALE 1' = 20 WE AUG, 2 7 ENGINEERING * SURVEYING ♦ PLANNING T , 1
Tigard, Oregon 97223 SW Map 79th S1 Avenue I
E36 7o. r.,,w.R s md��,
.0 503 - 209 -1486