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Hearings Officer Packet - 06/23/2003HEARINGS OFFICER ~YjYI~ MONDAY -JULY 14, 2003 - 7:00 PM'` l a~ Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Friday prior to the meeting. Please call 50339-4171, Ext. 2438 (voice) or 503-684-2772 (fDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for 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. To request such services, please notify the City of Tigard of your need(s) by 5:00 p.m., no less than one (1) week prior to the meeting date at the same phone numbers listed above so that we can make the appropriate arrangements. Hearings are held in Town Hall at the City of Tigard at 13125 SW Hall Boulevard Staff reports are available to the public 7 days prior to the hearing date 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 "APPEAL" OF LEISER PARK SUBDIVISION - 4COMMUED FROM, JUME 23, 200003D SUBDIVISION (SUB) 2002-00010 VARIANCE (VAR) 2002-00046 VARIANCE (VAR) 2002-00047 ITEM ON APPEAL: On May 12, 2003, the Director issued a decision to approve a request for Subdivision approval to create 19, single-family lots on an approximately 4.36 acre site, and a variance to the tree removal ordinance to reduce the number of trees that qualify for mitigation. On May 27, 2003 an appeal was filed by the applicant. The appellant has requested that the Hearing's Officer review the City's approval based on the imposition of several conditions of the approval as enumerated in his letter of appeal. The issues generally concern tree protection standards, tree mitigation, street improvements, the requirement that construction plans show driveway aprons, and that the applicant file an acknowledgement agreeing to comply with the sign ordinance. LOCATION: The subject parcels are located south of Bonita Road, between SW 79"' and 81d Avenues; WCTM 2S1 1213C, Tax Lot 300 (14665 SW 79°i Avenue), and 2S112BD, Tax Lot 2800 (no address). ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum 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. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapters 18.780, 18.790 and 18.810. 3. OTHER BUSINESS 4. ADJOURNMENT Page 1 of 1 SUBJECT TO CHANGE I HEARINGS OFFICER MONDAY - JUNE 23, 2003 - 7:00 PM Assistive Listening Devices are available for persons with impaired hearing and should be scheduled for Hearings Officer meetings by noon on the Friday prior to the meeting. Please call 503-639-4171, Ext. 2438 (voice) or 503-684-2772 (TDD - Telecommunications Devices for the Deaf). Upon request, the City will also endeavor to arrange for 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. To request such services, please notify the City of Tigard of your need(s) by 5:00 p.m., no less than one (1) week prior to the meeting date at the same phone numbers listed above so that we can make the appropriate arrangements. Hearings are held in Town Hall at the City of Tigard at 13125 SW Hall Boulevard Staff reports are available to the public 7 days prior to the hearing date 1. CALL TO ORDER 2. PUBLIC HEARING 2.1 "APPEAL" OF LEISER PARK SUBDIVISION SUBDIVISION (SUB) 2002-00010 VARIANCE (VAR) 2002-00046 VARIANCE (VAR) 2002-00047 On May 12, 2003, the Director issued a decision to approve a request for Subdivision approval to create 19, single-family lots on an approximately 4.36 acre site, and a variance to the tree removal ordinance to reduce the number of trees that qualify for mitigation. On May 27, 2003 an appeal was filed by the applicant. The appellant has requested that the Hearing's Officer review the City's approval based on the imposition of several conditions of the approval as enumerated in his letter of appeal. The issues generally concern tree protection standards, tree mitigation, street improvements, the requirement that construction plans show driveway aprons, and that the applicant file an acknowledgement agreeing to comply with the sign ordinance. LOCATION: The subject parcels are located south of Bonita Road, between SW 79th and 81St Avenues; WCTM 2S1 1213C, Tax Lot 300 (14665 SW 7e Avenue), and 2S1 121313, Tax Lot 2800 (no address). ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapters 18.780, 18.790 and 18.810. 3. OTHER BUSINESS 4. ADJOURNMENT Page 1 of 1 SUBJECT TO CHANGE AGENDA ITEM NO.: 2.1 DATE: JULY 14, 2003 PAGE OF FILE NAME: "APPEAL" OF LEISER PARK SUBDIVISION - (CCantinmedl ffrrom 61231200003D CASE NOS.: SUBDIVISION (SUB) 2002-00010 VARIANCE (VAR) 2002-00046 VARIANCE (VAR) 2002-00047 IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE PROPONENT -(Speaking In Favor or Neutral) OPPONENT- Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. rc I et, To P r P, 1 1 ~e:~55r~ ~ ,g 2as 5w0 C~'~e T8 ~w v~cvc~G. 0A s -7at 1 ~a4xi , nz. 9" Name, Address, Zip Code and Phone No. I Name, Address, Zip Code and Phone No- :4 e.~. M LO o a-, -7-90 0V Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. I 12~f,f f d✓ ~ q'T= ~ ~ o 0 47- v~-~c~,~n c~ Y gr- / I _ _ _ Name, Address Zip_ Code_andPhone No_ Name_, Add;_ se_s _ZipCode na d Ph no a No_ I 1 - ~ - - - - - - - - - - - - Name, Address, Zip-Code and Phone No. • - - - - - - - - - - - - - - 1 Name, Address, Zip Code and Phone No. I 1 Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. 1 I 1 Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone i67. 1 - - - - - - - - - - - - - - I - - - - - - - - - - - - - - . Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. 1 AGENDA ITEM NO.: 2.1 DATE: JUNE 23, 2003 PAGE_LOF E FILE NAME: "APPEAL" OF LEISER PARK SUBDIVISION CASE NOS.: SUBDIVISION (SUB) 2002-00010 VARIANCE (VAR) 2002-00046 VARIANCE (VAR) 2002-00047 IF YOU WISH TO TESTIFY ON THE ITEM INDICATED ABOVE, PLEASE PRINT YOUR NAME, ADDRESS & INCLUDE YOUR ZIP CODE PROPONENT - (Speaking In Favor or Neutral) OPPONENT - (Speaking Against) Name, Address, Zip Code and Pho~e No. Na , Address, Zip Code and Phone No. 1 q -7 St_, Si-i op / Iq ✓ I ;(9 A% sw VAQ-M ct. 11 -t9-xD_, 04 97Lzy s'b3-639- P77Zl ' %CjOwfd I+" SO3.6o3-939T' Name Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. re I °Z~ ~ I q Z sw &VtA-A- ~LW Name, Address, Zip Code and Phone No. Name,ddress, Zip Code and PhonNo. I ( o rres 8zl!~ ' I S~, 8`166 1 14" Ll[a,l - -1 - _ _ - - - Name, Address, Zip Code a d Phone No Name, Address, Zip Code and Phone No. 69 f I =r6w ~,t 8 LVO Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. /9"t-ow 4/~`4--f.e4 ~c k L oar J t J 6 q_n X44 -,66;vo Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. Name, Address, Zip Code and Phone No. I Name, Address, Zip Code and Phone No. 1 Name, Address, Zip Code and Phone No. I Name, Address; Zip Code and Phone No. 10. 0 COMMUNITY NEWSPAPERS P.O. BOX 370 PHONE (503)684-0360 BEAVERTON, OREGON 97075 Legal Notice Advertising *City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. ' Tigard, Oregon 9 7 2 2 3 • ❑ Duplicate Affidavit Accounts Payable UN ® g 7MUR Legal NoticeTT 10253 AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, ) I, KatbySnvc9Pr being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of the Ti Bard-Tualatin Times a newspaper of general circulation as defined in ORS 193.010 and 193.020; published at Tigard in the aforesaid county and state; that the Piihl; rHearina/SUB 2002-00010 a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: June 5.2003 Subscribed and sworn to efore me this th day of , 2 0 0 3. OFFICIAL SEAL N y Public for Oregon ROBIN A BURGESS NOTARY PUBLIC-OREGON ` My Commission Expires: COMMISSION NO. 344589 MY C01%4V'F'z1')N EYPIRES KPAY 16, 2005 AFFIDAVIT - T' • • CITY OF TIGARD PUBLIC HEARING ITEM The following will be considered by the Tigard Hearings Officer on Monday June 23, 2003 at 7:00 PM at the Tigard Civic Center - Town Hall, 13125 SW Hall Blvd., Tigard, Oregon. Both public oral and written testimony is invited. The public hearing on this matter will be conducted in accordance with the Tigard Municipal Code and the rules of procedure adopted by the Council and available at City Hall or the rules of procedure set forth in Chapter 18.390. Testimony may be submitted in writing prior to or at the public hearing or verbally at the public hearing only. Failure to raise an issue in person or by letter at some point prior to the close of the hearing accompanied by statements or evidence sufficient to afford the decision-maker an opportunity to respond to the issue precludes appeal to the Land' Use Board of Appeal based on that issue. Failure to specify the criterion from the Community Development Code or Comprehensive Plan at which a comment is directed precludes an appeal based on that criterion. A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost. A copy of the staff report will be made available for inspection at no cost at least seven (7) days prior to the hearing, and copies for all items can also be provided at a reasonable cost. Further information may be obtained from the Planning Division (staff contact: Morgan Tracy) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling 503-639-4171. PUBLIC HEARING ITEM: SUBDIVISION (SUB) 2002-0001ONARIANCE (VAR) 2002- 00046NARIANCE (VAR) 2002-00047 > APPEAL'OF LEISER PARK SUBDIVISION < ITEM ON APPEAL: On May 12, 2003, the Director issued a decision to approve a request for Subdivision approval to create 19, single-family lots on an approximately 4.36 acre site, and a variance to the tree removal ordinance to reduce the number of trees that qualify for mitigation.* On May 27, 2003 an appeal was filed by the applicant. The appellant has requested that the Hearing's Officer review the City's approval based on the imposition of several conditions of the approval as enumerated in his letter of appeal. The issues generally concern tree protection standards, tree mitigation, street improvements, the requirement that construction plans show driveway aprons, and that the applicant file an acknowledgement agreeing to comply with the sign ordinance. LOCATION: The subject parcels are located south of Bonita Road, between SW 79th and 81st Avenues; WCTM 2S112BC, Tax Lot 300 (14665 SW 79th Avenue), and 2S 112BD, Tax Lot 2800 (no address). ZONE: R-4.5: Low-Density Residential District. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapters 18.780, 18.790 and 18.810. naM~rr nwv SUB2002.00010 VAR2002-00046 VAR2003-00041 APPEAL OF LEISER PARK SUBDIVISION ! TT 10253 - Publish June*5, 2003 • • NOTICE TO MORTGAGEE, LIENHOLDER, VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE, IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. CITY OF TIGARD Community !Development ShapingA Better Community PUBLIC NEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE TIGARD HEARINGS OFFICER. AT A MEETING ON MONDAY, JUNE 23, 2003 AT 7:00 PM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223, WILL CONSIDER THE FOLLOWING APPLICATION: FILE NOS.: SUBDIVISION (SUB) 2002-00010 VARIANCE (VAR) 2002-00046 VARIANCE (VAR) 2002-00047 FILE NAME: APPEAL OF LEISER PARK SUBDIVISION APPLICANT/ Matrix Development Corp. APPLICANT'S SR Design LLC OWNER: Attn: Craig Brown REPRESENTATIVE: Attn: Steve Roper 12755 SW 69th Avenue, Suite 100 8196 SW Hall Blvd., Suite 301 Portland, OR 97223 Beaverton, OR 97008 OWNER: Anne Leiser, Trustee 6009 SW Pendleton Court Portland, OR 97221 ITEM ON APPEAL: On May 12, 2003, the Director issued a decision to approve a request for Subdivision approval to create 19, single-family lots on an approximately 4.36 acre site, and a variance to the tree removal ordinance to reduce the number of trees that qualify for mitigation. On May 27, 2003 an appeal was filed by the applicant. The appellant has requested that the Hearing's Officer review the City's approval based on the imposition of several conditions of the approval as enumerated in his letter of appeal. The issues generally concern tree protection standards, tree mitigation, street improvements, the requirement that construction plans show driveway aprons, and that the applicant file an acknowledgement agreeing to comply with the sign ordinance. LOCATION: The subject parcels are located south of Bonita Road, between SW 79th and 81S1 Avenues; WCTM 2S112BC, Tax Lot 300 (14665 SW 79th Avenue), and 2S112BD, Tax Lot 2800 (no address). ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum 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. REVIEW CRITERIA BEING APPEALED: Community Development Code Chapters 18.780, 18.790 and 18.810. THE PUBLIC HEARING ON THIS MATTER WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES OF CHAPTER 18.390 OF THE COMMUNITY DEVELOPMENT CODE AND RULES OF PROCEDURE ADOPTED BY THE TIGARD HEARINGS OFFICER AND CITY COUNCIL AND AVAILABLE AT CITY HALL. ASSISTIVE LISTENING DEVICES AR4✓AILABLE FOR PERSONS WITH IMPAWD HEARING. THE CITY WILL ALSO ENDEAVOR TO ARRANGE FOR (,-ALIFIED SIGN LANGUAGE INTERPK- i ERS 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 OR DOCUMENTS LESS THAN 7 DAYS PRIOR TO THE PUBLIC HEARING DATE, THE HEARINGS AUTHORITY MAY ALLOW A CONTINUANCE OF THE HEARING, SUBJECT TO ORS 215.428 OR 227.178. IF THERE IS NO CONTINUANCE GRANTED AT THE HEARING, ANY PARTICIPANT IN THE HEARING MAY REQUEST THAT THE RECORD REMAIN OPEN FOR AT LEAST SEVEN (7) DAYS AFTER THE HEARING. A REQUEST THAT THE RECORD REMAIN OPEN CAN BE MADE ONLY AT THE FIRST EVIDENTIARY HEARING (ORS 197.763(6). INCLUDED IN THIS NOTICE IS A LIST OF APPROVAL CRITERIA APPLICABLE TO THE REQUEST FROM THE TIGARD COMMUNITY DEVELOPMENT CODE AND THE TIGARD COMPREHENSIVE PLAN. APPROVAL OR DISAPPROVAL OF THE REQUEST BY THE HEARINGS OFFICER WILL BE BASED UPON THE CRITERIA LISTED OR OTHER CRITERIA IN THE COMPREHENSIVE PLAN OR DEVELOPMENT CODE WHICH THE PERSON BELIEVES TO APPLY TO THE DECISION. AT THE HEARING IT IS IMPORTANT THAT COMMENTS RELATING TO THE REQUEST PERTAIN SPECIFICALLY TO THE APPLICABLE CRITERIA IN THE COMPREHENSIVE PLAN OR THE DEVELOPMENT CODE. 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 (25G) PER PAGE, OR THE CURRENT RATE CHARGED FOR COPIES AT THE TIME OF THE REQUEST. FOR FURTHER INFORMATION PLEASE CONTACT THE STAFF PLANNER MORGAN TRACY AT (503) 639-4171, TIGARD CITY HALL, 13125 SW HALL BOULEVARD, TIGARD, OREGON 97223. VICINITY MAP ~~Ax SUB2002-00010 co VAR1002-00046 VAR2002-00041 /ER LEISER PARK SUBDIVISION .r~ Ciry of Tiprd • 0 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an appeal of an administrative decision ) FINAL ORDER approving a 19-lot subdivision and approving and ) SUB 2002-00010 denying variances in the R-4.5 zone at 14665 SW ) VAR 2002-00046 & -00047 79th Avenue in the City of Tigard, Oregon ) (Leiser Park Subdivision) A. SUMMARY 1. The applicant, Matrix Development Co., requests approval of a tentative plan for a 19-lot subdivision of a 4.36-acre lot situated between SW 79th and 81St Avenues south of Bonita Road; also known as tax lots 300 and 2800, WCTM 2S11BC (the "site"). Proposed lot sizes vary from 7042 to 8226 square feet. The proposed average lot size, after a proposed lot line adjustment, will be 7507 square feet. a. The applicant proposes to remove a dwelling from the site and to develop each of the 19 new lots with a single-family detached dwelling. The applicant will dedicate and improve a public right of way for SW Leiser Lane from SW 79th Avenue to SW 81St Avenue and will dedicate and improve public right of way for SW 80th Avenue from a stub at the south edge of the site to proposed Leiser Lane. The applicant also will improve a private street extending north of proposed Leiser Lane to serve two proposed lots. That private street can be extended to serve lots that can be created north of the site. The applicant proposes to collect storm water from imperious areas of the site and to convey that storm water to a water quality and detention tract in the northwest quadrant of the intersection of SW 79th Avenue and proposed Leiser Lane. Public water and sanitary sewer will serve all proposed lots. b. The site contains 156+ trees that have a diameter at breast height ("dbh") of 12 inches or more, depending on how one counts multi-branched trucks. Ultimately the applicant requested permission to remove all but seven of those trees, because 148 trees are situated where roads, utilities and/or homes will be built and/or because the trees are diseased, damaged or otherwise pose a hazard to the public. The applicant hopes to be able to preserve many of the trees that he asks permission to remove; whether the applicant can preserve those trees depends on the success of tree protection measures during construction, the susceptibility of the trees to root rot, and the desires of future owners of the proposed lots. The applicant proposes to mitigate for removal of 74 trees by planting trees on the site as required by the Tigard Development Code ("TDC") and by providing trees to the public at no cost for planting elsewhere. Removal of about 74 of the trees is required due to the existing sanitary sewer line elevation. The existing sewer line is higher than it should be to serve the site. The applicant has to fill a portion of the site to accommodate the sewer, removing trees from that area in the process. The applicant requested approval of a variance to waive mitigation for removal of the trees that must be removed due to grading for the sewer. The applicant initially also requested a variance to reduce the total amount of mitigation due to its excessive cost, but that request is moot, because the amount of mitigation the TDC requires is roughly one-tenth of what the applicant understood it is, and the applicant did not appeal denial of this variance. 0 • 2. On May 12, 2003, the Tigard Planning Manager (the "manager") issued a Type H decision denying the variance to tree mitigation requirements based on their cost and approving the preliminary plan and the variance to waive mitigation for trees that had to be removed to accommodate the sewer, subject to 42 conditions of approval. On May 28, 2003, Craig Brown, the applicant's representative, filed an appeal of the manager's decision in which the applicant proposed that the City delete or amend conditions of approval 6, 12, 13, 15, and 40-42 of the manager's decision. 3. Tigard Land Use Hearings Officer Larry Epstein (the "hearings officer") conducted two de novo public hearings to receive testimony and evidence regarding the application and the appeal. City staff recommended that the hearings officer delete or modify some of the disputed conditions and affirm the manager's decision. The applicant testified in support of the appeal and asked the hearings officer to continue the first hearing to provide time for the applicant to amend the tree removal and protection plans and text. City staff and the applicant largely agreed about the final form of the disputed conditions of approval with a few exceptions. Neighbors testified orally and/or in writing with concerns and objections about the proposed subdivision and tree preservation and removal. The principal issues in the appeal include the following: a. Whether the application complies with the applicable standards in TDC 18.790 generally. In particular: . i. Whether the applicant accurately identified each regulated tree and whether each such tree will be removed or preserved (TDC 18.790.030.B); ii. Whether the form and amount of mitigation the applicant proposes to provide to make-up for removal of regulated trees subject to mitigation complies with TDC 18.790.060.D; iii. Where and how the applicant must protect trees to be preserved during construction (TDC 18.790.030.B.4); and iv. How the City will determine whether trees required to be preserved have been preserved, and the consequences to the applicant of failing to preserve trees required to be preserved (TDC 18.790.030.C, 18.790.040.B and 18.790.060); b. Whether the proposed private street should extend to the north edge of the site to provide access to divisible land north of the site, and what form that extension should take (TDC 18.705); c. Whether the applicant sustained the burden of proof for the proposed variance to tree mitigation requirements (TDC 18.370.010.C); d. Whether substantial evidence in the record shows that it is feasible for stormwater from the site to comply with applicable standards for stormwater drainage (TDC 18.810.100); and e. Whether certain disputed conditions of approval comply with the applicable provisions of the TDC (TDC 18.430.040.B). Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 2 0 0 4. Based on the findings and conclusions contained herein and the testimony and evidence in the public record, the hearings officer concludes that the applicant sustained the burden of proof for approval of the preliminary plat and the variance to tree preservation requirements for trees situated where the applicant must grade the site to accommodate gravity flow sanitary sewers, provided the applicant and subsequent purchasers comply with conditions of approval that are within the City's authority and are warranted to ensure the development complies with applicable standards in fact. Therefore the hearings officer grants the appeal in part and denies the appeal in part and affirms the manager's decision with modifications for the reasons provided herein. B. HEARING AND RECORD 1. The hearings officer received testimony at the public hearings about this application on June 23 and July 14, 2003. All exhibits and records of testimony are filed with the Tigard Department of Community Development. At the beginning of the first hearing, the hearings officer made the declaration required by ORS 197.763. The hearings officer disclaimed ex parte contacts, bias or conflicts of interest, and no one objected to the jurisdiction or impartiality of the hearings officer. 2. The following is a summary by the hearings officer of selected testimony and evidence offered at the June 23rd hearing. a. City planner Morgan Tracy summarized the manager's decision. He responded to the written appeal and other testimony and evidence as follows: i. He testified condition 6 was imposed based on comments from the City's Forester and on guidelines prepared by the applicant's arborist which provided that the City Forester would have to review and approve the location of tree protection fences for trees to be preserved when the fence is proposed to be situated inside the drip line of the tree. The applicant proposed to substitute his arborist for the City Forester in condition 6 and proposed to delete the remaining language. Because the applicant is bound by the approved tree plan, city staff do not object to having the applicant's arborist determine where to install tree protection, because, if the applicant's arborist is wrong and a tree that the applicant intended to preserve is removed instead, the applicant is responsible for penalties and mitigation required by law. Accordingly City staff recommended the hearings officer amend condition 6 to read substantially as follows: Submit with public improvement plans a tree protection plan that identifies the trees to be retained and the proposed location of fencing to protect those trees during construction. Tree protection fencing shall be placed in accordance with the applicant's approved tree protection plan. Fencing on the plan can be removed only after the approval of the City Forester. If fencing is removed or protection is reduced without prior approval, the City Forester may require the applicant to reinstall fencing consistent with the applicant's approved tree protection plan. ii. He testified that the addition the applicant proposed be made to conditions 12 and 13 is unnecessary, because TDC 18.810.030.A.5 allows the applicant to pay a fee in lieu of building the improvements. Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 3 • • iii. He testified that the change the applicant proposed be made to condition 15 is unnecessary, because the condition does not require the applicant to build the driveway aprons as part of the public road improvement. Aprons can be built when lots are developed with homes. City engineer Brian Rager testified that, if the applicant does not show driveway aprons on the public improvement plans, the applicant should include a notation on the plan that the applicant will build the driveway aprons by the times homes are built on the site. iv. He testified that the remedies provided for in parts B through D of condition of approval 40 should be deleted, because TDC 18.790.060 contains the applicable penalties for violating an approved tree protection plan. Reference to that section would be an appropriate amendment. TDC 18.790.060.A.1 provides it is a violation of TDC 18.790 for a person to remove a tree or tree protection in an approved tree protection plan. TDC 18.790 does not authorize the City to apply "excess mitigation" to trees that are removed contrary to an approved tree protection plan. Therefore the change the applicant proposed to conditions of approval 40 and 41 is not consistent with the law. v. Regarding condition 41, he testified City staff recommend that the hearings officer delete that condition. The applicant is subject to compliance with the tree protection plan whether or not he acknowledges it in writing. vi. Regarding condition 42, he explained that the City has had a problem enforcing sign regulations relating to signs advertising lots and homes for sale. The applicant's acknowledgement of sign regulations is one measure the City employs to help facilitate enforcement by negating an argument by an offender that he or she was unaware of the regulations and by serving as notice that the City intends to hold the developer responsible for signs associated with sale of lots and homes in the developer's subdivisions. Such notice motivates a developer to address sign regulation compliance with the sales people/company he or she contracts with or employs to market the lots. c. City Forester Matt Stine testified in response to a letter dated June 4, 2003 from Mable and Dan MacKinnon, whose property adjoins the southwest corner of the site. Mr. Stine addressed the issue of whether tree 305 should be removed due to damage or disease. He testified that he did not see any reason to remove the tree during his site visit. He also testified that the amended list of trees in the tree protection plan is accurate, based on his review of the plan and the site. d. Professional engineer Steve Roper, the applicant's representative Craig Brown, and n ti.~r; n+n teeter T01-les and. It1 L 17.11x7LL1.llt unoK K~./1./1./n1./ n apF-UraA nn hal-lolf of tl,a a"t%lirant Aifr Pr%ni-r tPCtlfiarl }flat flip -borists 1 e ter 1Vl VJ 1 Vl1 Vll vvllKll Vl LaiV KtJtJ aav Kli L. 1ai. i~Vtlva ~v..r ~aiav~ iiua~ aaiv discussion of and amendments to conditions of approval proposed by City staff in response to the appeal solved most of the applicant's reasons for the appeal. Mr. Brown explained his unwillingness to sign the agreement required in condition 42, because he has to comply with the law whether or not he has signed such an agreement (i.e., for the same reason City staff recommend the hearings officer delete condition 41). Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 4 • e. There followed considerable discussion by Mrs. Brown, Torres, Knapp, Tracy, Stine and City Planning Manager Dick Bewersdorff about where tree protection should be provided and how it will be documented before and after the development occurs. Mr. Tracy expressed the desire for generally uniform tree protection methods (e.g., installation of tree protection fencing not closer than the drip line of a tree) to make it easier to obtain and verify compliance. Mr. Stine highlighted that, when development, vehicles or storage of materials is proposed within the drip line of a tree, more care is needed to protect against compaction of the soil and physical harm to the tree and its roots. Mr. Stine and Mr. Torres described some methods available to minimize such adverse impacts, such as drilling under roots and using steel pins and grade beams to support loads without damaging the tree or its roots directly or by compacting the soil. Mr. Bewersdorff testified that the City is not obligated to approve the applicant's tree protection plan; the City could send it back to the applicant as needed for more work before approving it. At the conclusion of that discussion, Mr. Brown requested that the hearings officer continue the hearing for three weeks to allow the applicant to prepare a revised tree protection plan. The applicant agreed to toll the 120-day clock during the continuance and to submit the revised tree plan within seven days to facilitate review by City staff and the public. f. Mr. Torres and Mr. Knapp also testified about tree 305. Mr. Torres met with Mr. Stine and others at the tree. They observed the tree trunk contains a 17-inch x 12-inch "pruning wound" situated about 15 feet above grade. By drilling through the trunk, Mr. Torres found a 2-inch x 3-inch cavity and rot that extended halfway through the tree. There was rot above and below the hole and further evidence of decay in a cavity in the trunk. In short they concluded the tree is hazardous now and should be removed. Mr. Knapp submitted a report to that effect. Based on the report by Mr. Torres and Mr. Knapp, the City Forester agreed that tree 305 should be removed. g. Dan MacKinnon testified in support of removal of tree 305, noting the angle of repose for the tree increases the pressure at the rotted area of the tree, making it more likely that the tree trunk will fail over time. He described his experience installing utilities while using means to avoid damage to trees in the way. He also advocated for thinning of the upper story of remaining trees on the site to reduce the potential for blow-down, although Mr. Stine noted that the City Code does not regulate tree trimming. h. Ken Peterson testified with concerns about the safety of trees remaining on the site after development. Based on his experience, trees weakened by construction might not show damage for many years. He also expressed concern about the impact of the proposed subdivision on trees that are off-site but whose crown extends over the site. Protection should be afforded to those trees no closer to the trunk than the drip line. i. Karen Savereide asked how long before damage to trees due to construction will be apparent. Mr. Stine responded that a rough rule of thumb is that a tree that survives 7 to 10 years after construction was not damaged by that construction. Ms. Savereide opined that the City should hold the applicant responsible for damage to trees when that damage becomes apparent. Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 5 • • j. At the end of the hearing, the hearings officer ordered the hearing continued to a date, time and place certain: 7:00 p.m. on Monday, July 14, 2003 at City Hall. The hearings officer ordered the applicant to submit whatever new information the applicant wanted to submit regarding the tree preservation plan by June 30, 2003. 3. The following is a summary by the hearings officer of selected testimony and evidence offered at the July 141" continued hearing. a. Mr. Tracy identified three exhibits prepared since the June hearing: a memo from Mr. Stine; an addendum to the tree inventory and tree protection plan by the applicant; and a memo from City staff. Based on the amended tree inventory and protection plan, City staff conclude that the applicant will mitigate consistent with TDC 18.790 for removal of regulated trees that are not otherwise exempt or are being removed to accommodate the sewer line. He acknowledged the applicant now seeks approval to remove all but 7 trees on the site, although the applicant hopes to preserve more. He testified that the applicant will protect the seven trees to be preserved with 6-foot high tree protection fencing no closer than the drip line of those trees. The applicant will have discretion about whether and how to protect trees that are identified for removal. Tree protection fences are not required around trees that are identified for removal; however the applicant will install tree protection fences around some of those trees. Some or all of those fences may be situated within the drip line of the trees. The City will inspect the trees that the applicant proposes to preserve and the trees that the applicant is authorized to remove but did not remove to verify those trees are undamaged after construction. If the trees are damaged, the City will require the applicant to remove them so that they do not pose a future hazard. If the trees are not damaged, they shall be preserved. City staff recommended certain changes to the conditions of approval. See pg. 2-3 of Mr. Tracy's July 14 memo. He noted condition of approval 5 requires the applicant to mark trees to be removed and trees to be retained. Compliance with this condition will address concerns by Mr. Peterson. b. Mr. Stine summarized his memo to Mr. Tracy. He measured the tree protection afforded by proposed fencing as shown on the revised tree protection plan and concluded that the fencing as proposed provides good protection generally, but a few trees need more protection. He and the hearings officer identified and discussed those trees. He also noted trees 30 and 147 are labeled "to be preserved" on the plan map while they are labeled "to be removed" in the text of the plan. The applicant needs to change the plan or the text so the labeling of these two trees is consistent. He discussed the "critical root zone" (OCRZO), which he characterized as a circle where the center of the tree trunk is the origin and the radius of the circle extends one foot from the tree for every inch of tree trunk (dbh). The drip line is a shorthand and expedient way of identifying the CRZ, but not always accurate (e.g., when a tree is part of a clump of trees or is multi-branched). He recommended more protection for trees 55, 205 and 218 (i.e., protect the CRZ rather than merely the area within the drip line, except as otherwise approved by the City Forester). He noted that the radius of the protected area for trees 27, 207, 211 and 217 is less than the recommended 1 foot:l inch ratio. Also he recommended that the hearings officer require the applicant to provide tree protection fencing for trees whose trunks are situated off-site, but whose crown extend over the site and more than 15% of the CRZ of the tree will be affected by such things as construction, grading, filing, trenching, or storage of equipment and supplies. He observed that the applicant plans to plant three 2-inch caliper trees on each lot as part of the mitigation for removal of regulated trees. He recommended the hearings officer impose a condition Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 6 0 0 requiring the applicant to be responsible for survival (or replacement) of those newly-planted trees for at least one year after planting, and that the applicant submit details about tree species, planting locations and tree sizes for review and comment by the City Forester. Regarding the bare root trees that the applicant plans to donate to the Tigard High School Booster Club as part of the mitigation for removal of regulated trees, he recommended the applicant donate trees in containers so that roots are better protected and/or provide instructions to be given to the recipient of each tree about how to keep the tree in good condition until and after planting. c. Mr. Brown, assisted by Mr. Roper, testified for the applicant. He accepted the amended conditions of approval recommended by City staff in Mr. Tracy's July 14 memo to the hearings officer, and conditions requiring the applicant to be responsible for trees planted on the site for one year from planting and to protect off-site trees where 15% of the CRZ of the tree will be subject to compaction or otherwise affected by development. He discussed the protection area for some of the trees to be preserved. Mr. Roper testified that tree 30 will be removed, and tree 147 probably can be saved. Even if they remove both trees 30 and 147, he testified that the applicant will remove only 48% of the regulated trees that are not exempt or otherwise excluded from the calculation. Mr. Brown waived the applicant's right to submit a closing written argument. d. Mr. Torres discussed an optimal tree protection zone and what can be done to protect the tree if all of that area cannot be kept free of all development impacts, citing Maltheny and Clark, Trees and Development - A Technical Guide to Preservation of Trees During Development published by the International Society of Arboriculture (1998). e. Mr. Peterson testified with objections to the scope of the proposed tree removal. He contrasted the representation on p. 12 of the manager's decision that the applicant would preserve 50% of the trees with the applicant's current plans to preserve only about 5% of the trees on the site. Mr. Tracy responded by clarifying that the applicant continues to propose to remove a fraction less than 50% of the regulated trees on the site that are not exempt or subject to the approved variance. Mr. Peterson also raised concerns about 5 trees on his lot northeast of the site for which the tree protection plan fails to provide any protection. f. At the end of the hearing, the hearings officer closed the public record, and announced that he would take the matter under advisement with a decision to follow within two calendar weeks. C. DISCUSSION 1. CDC 18.390.040.G authorizes the hearings officer to hear appeals of Type U decisions, such as the city's decision conditionally approving the subdivision and variance applications. Pursuant to ORS 215.416(11)(a), appeals of administrative decisions must be reviewed as a de novo matter. The hearings officer is required to conduct an independent review of the record. He is not bound by the administrative decision and does not defer to that decision in any way. New evidence may be introduced in an appeal. The hearings officer must decide whether the applicant has carried the burden of proof that the application complies with all applicable approval criteria in light of all relevant substantial evidence in the whole record, including any new evidence. Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 7 • • 2. Nevertheless the hearings officer largely agrees with the findings and conclusions in the manager's decision and in the City staff memoranda dated June 17 and July 14, 2003. Therefore the hearings officer adopts the findings and conclusions in those documents as his own except to the extent inconsistent with the following findings. To the extent the documents from City staff cited herein conflict with each other, the hearings officer adopts the findings about a given subject in the last in time of those documents. 3. The hearings officer observes that the evidence and proposal in this case evolved during the public hearing process. However the basic application remained the same: a 19-lot subdivision for single-family detached homes with the same street and utility systems and improvements. What the applicant proposed to do did not vary as much as the manner in which the proposal had to be described and substantiated to comply with TDC 18.790, "Tree Removal" in light of the applicant's intentions for the subdivision. 4. TDC 18.790.030.A requires the applicant to submit a tree protection plan identifying regulated trees and labeling them to be protected or to be removed. Neighbors disputed the accuracy of the tree inventory and the adequacy of the mitigation. a. The applicant submitted a survey of trees and a table listing relevant characteristics and the disposition of each identified tree. The hearings officer finds this inventory and list is substantial evidence, and the hearings officer relies on that evidence to conclude that the application complies with TDC 18.790.030.B.3. The applicant should further refine the tree protection plan map and text based on the conditions of approval. b. The applicant also submitted a tree mitigation plan. The hearings officer finds that plan provides for replacement trees consistent with the requirements of TDC 18.790.030.B.2 and 18.709.060.D. For a period of one year after planting a tree on the site pursuant to the mitigation plan, the applicant should be required to remove and replace any tree that the applicant's arborist or the City Forester finds has not survived or will not survive. c. Conditions of approval 4 through 8, 40 and 41, with certain amendments, will assure compliance in fact with the approved mitigation plan. Condition 40 should require the applicant to maintain written records of mitigation trees planted on the site showing the approximate date on which a mitigation tree is planted and the location where it was planted so that City staff can locate the tree to verify its continued existence and good health (or not) within the one-year period during which the applicant is responsible for survival of each such mitigation tree. The applicant should be required to submit a copy of its records to the City at the request of City staff, but not more than monthly. Condition of approval 4 should be amended accordingly. That condition already addresses mitigation trees that will be donated for planting off-site. Provided the trees the applicant will donate for use off- site are healthy when provided to the Booster Club, the applicant should not be required to replace donated trees that fail to survive, because the circumstances under which those trees may be kept, planted and maintained are beyond the applicant's control. Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 8 0 • d. The hearings officer finds that the tree protection plan should protect trees where the tree trunk is situated off site but where the tree crown extends over the site if development (e.g., construction, grading, storage of materials and equipment, access) will or may occur within at least 15% of the area on the site that is bounded by the drip line of the tree or its critical root zone, whichever is less. To protect such trees, the applicant should install a 6-foot high tree protection fence at the drip line or outer limit of the critical root zone on the site. Although the TDC is ambiguous (by omission) about whether it is intended to regulate trees where the tree trunk is off-site, the hearings officer construes TDC 18.790 to apply to such trees when construction on the site could adversely affect such trees, based on the context and purposes of the chapter (i.e., the chapter refers to "trees" rather than only to "trees on the site"). 5. TDC 18.790.030.A ends with the following sentence: "Protection [of trees] is preferred over removal wherever possible." In this context, the hearings officer finds that the word "protection" means "retention" of trees. a. It is possible for the applicant in this case to retain more than seven existing trees (e.g., by preserving more trees on the periphery of some lots). But because this standard is stated as a preference or aspiration, the hearings officer finds that it does not mandate that the applicant do more than the applicant proposes to do to retain existing trees on the site. b. The applicant is not required to protect trees that the applicant does not propose to retain, provided the applicant mitigates for removal according to a framework that rewards but does not require protection. There are no other standards in TDC 18.790 for evaluating the decision to protect or remove trees. The plain meaning of the words in TDC 18.790.030.B.2.a clearly allows an applicant to remove all trees from a site as long as the applicant mitigates for doing so consistent with the ratios in TDC 18.790.060.D. Nothing in Chapter 18.790 requires mitigation to occur on the site from which the trees being mitigated were removed. Hence the plan to provide 750 caliper inches of mitigation by donating trees to the Booster Club for distribution, in addition to planting three 2-inch caliper trees on each of the proposed lots, fulfills the requirements of TDC 18.790.030.B.2. 6. The hearings officer finds that condition of approval 5 should be amended to ensure that tree markings are accurate and have not been altered before trees are removed, because the hearings officer is persuaded by testimony from neighbors that tree markings have changed as the status of the trees as "to be retained" or "to be removed" changed and that the markings could be changed by third parties given the open character of the site. Some confusion could result. A condition requiring verification should not require extraordinary measures to ensure trees continue to be labeled consistent with their classification under TDC 18.790 as proposed but should require a diligent, good faith effort by the applicant to verify the trees are correctly marked consistent with the approved tree protection plan within not more than 48 hours of the start of tree removal. Such a condition helps ensure that the correct trees will be removed or retained. 7. The hearings officer finds that condition of approval 6 should be amended substantially as recommended by City staff to clarify and conform the condition to TDC 18.790. Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 9 • 0 8. The hearings officer finds that conditions of approval 12 and 13 are within the authority of the City to impose and are warranted in this case, because the site abuts public rights of way that are not dedicated or improved to City standards, and TDC 18.810 requires such dedications and improvements. The hearings officer also finds that these conditions should not be amended as proposed by the applicant in the written appeal statement, because the TDC already allows the applicant to guarantee improvements by paying a fee to the City in lieu of making the improvement. 9. The hearings officer finds that condition of approval 15 should be amended to reflect the City practice of allowing construction drawings to include a notation that the applicant will install driveway aprons to City standards in a location to be determined by the applicant subject to review and approval by the City in conjunction with development of a home on each lot rather than requiring the applicant to show on the plans where the aprons will be situated. Absent constraints on sight distance or intersection or driveway separation or the like, which do not exist in this case, it is premature to show aprons if the developer does not know where such driveways will be at this time, as in this case. Therefore the hearings officer declines to use the words proposed by the applicant, but grants the appeal to the extent that a change is made to modify the language of the condition to be more flexible. 10. The hearings officer finds that condition of approval 40 should be amended to reflect the amended tree protection plan, the applicant's testimony at the public hearings in this matter and TDC 18.790. The amended condition should reflect the framework of Chapter 18.790; that is, the applicant should identify regulated trees and clearly distinguish between trees to be retained and trees that will or may be removed. The applicant should be required to implement the approved plan, including the mitigation required by TDC 18.790.060.D. The applicant should be required to file a plan illustrating how trees that are to be retained will be protected during the development process with a minimum 6- foot high fence situated no closer to the tree than the drip line. In the case of trees 55, 205, 207, 211, 217 and 218, the applicant should be required to place protective fencing where the City Forester approves it, but not farther from the trees than the greater of the drip line of the tree or a circle with a radius that extends one foot from the tree for each one inch of trunk dbh. Protective fences for trees that the applicant does not propose to retain need not be provided or, if provided, may be situated inside the drip line of the trees in question. The condition should require the applicant to remove any tree that the applicant's arborist or City Forester find are diseased or damaged enough to pose a hazard to people. 11. The hearings officer finds that condition of approval 41 should be amended to delete parts B through D of the version of the condition in the manager's decision, because they are not consistent with TDC 18.790.060. By implementing the development as represented in the application and in the testimony at the public hearings and by complying with conditions of approval 4 through 8, 40 and 41, the applicant complies with the applicable provisions of TDC Chapter 18.790 and mitigates for the removal of regulated trees as provided for in that chapter. 12. The hearings officer finds that condition of approval 42 is within the City's authority to impose and is warranted in this case, because signage in violation of the City Code is a per se public nuisance. Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 10 • 0 a. City staff testified that illegal signage associated with sales of lots and homes is a significant problem. The applicant did not rebut that testimony, and the hearings officer is persuaded by staff testimony that a problem exists with illegal signage for the sale of lots and homes. The lots that the applicant proposes to develop will be sold, homes will be built on them, and those home will be sold. Therefore, without accusing anyone or any class of persons in particular of violating City sign regulations, what the applicant proposes to develop is a potential source of illegal signage. b. The hearings officer finds that signing an acknowledgement like the one used by City staff is not expensive, difficult or all that inconvenient to do, and, with minor amendments, it does not implicitly or explicitly deny the applicant any right or privilege at law. It may have the effect of increasing the applicant's awareness of the sign regulations and his motivation to share this knowledge with others who may have some relationship with persons who do or who know persons who do post such illegal signs. c. Given the foregoing, the hearings officer concludes condition of approval 42 is warranted to facilitate a process for resolving a public problem that has a sufficient nexus with the application. Such a condition is necessary to carry out the comprehensive plan as implemented through the sign regulations. The hearings officer should modify the condition to direct the planning manager to modify the acknowledgement form to reflect that the Developer may have certain appeal rights by law or to amend the form as otherwise directed by City Counsel. 13. The hearings officer finds that the applicant should be required to extend the tract that will serve proposed lots 9 and 10 to the north edge of the site and to grant an easement to the owner of the lot to the north (tax lot 100), so that it can be improved and used to provide preferable access to that lot in the future, consistent with the provisions of TDC 18.705.030.G.2. However the applicant should not be required to improve the easement beyond the point where it serves proposed lots 9 and 10, because there is no nexus between a further improvement and the impacts of the project. That is the applicant does not create a need for such access if the subdivision is approved. a. Tax lot 100 has and will continue to have frontage on Bonita Road. Access to that road from tax lot 100 is possible. However TDC 18.705.030.G.2 discourages individual residential driveway access onto a collector or arterial street such as Bonita if alternative access can be provided. By extending the easement to the north edge of the site, the applicant makes alternative access possible. The owner of tax lot 100 should be responsible for improving that access, because that owner benefits from the access, and the applicant does not benefit from it. b. Condition of approval 1 should be amended consistent with the discussion above. As adopted by the planning manager, condition 1 merely requires the tract to extend to the north edge of the site, but does not give the owner of land north of the site the right to cross the tract. Therefore condition 1 should be amended to require the applicant to grant an easement over the tract for the benefit of the owner of the lot to the north, subject to reasonable and appropriate restrictions and obligations. Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page I I • 0 14. The hearings officer concludes that the applicant sustained the burden of proof for a variance to TDC 18.790 for the trees removed due to grading to accommodate service from the sanitary sewer line to the proposed lots by means of gravity as provided by TDC 18.370.010.C for the reasons given in the manager's decision. 15. Based on the preliminary drainage plan, the hearings officer finds it is feasible for the applicant to prepare and receive approval of a final stormwater drainage plan, and condition of approval 20 requires the applicant to apply for and receive approval of a final stormwater drainage plan consistent with TDC 18.810. D. CONCLUSIONS Based on the findings adopted and incorporated herein, the hearings officer concludes that the appeal should be denied in part and approved in part because the applicant sustained the burden of proof that the proposed subdivision and one variance do or will comply with the applicable approval standards of the Tigard Development Code, subject to conditions adopted by the manager with modifications warranted by the findings above, and that the evidence shows a variance to mitigation requirements is not warranted because their cost is excessive and the applicant failed to provide equally or more persuasive substantial evidence to the contrary. Therefore the hearings officer should affirm the manager's decision with modifications consistent with the findings above. E. DECISION In recognition of the findings and conclusions contained and incorporated herein, the hearings officer hereby denies the appeal in part and grants the appeal in part and affirms the planning manager's decision denying VAR 2002-00047 and approving SUB 2002-00010 and VAR 2002-00046 (Leiser Park) subject to the following conditions of approval: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE EMPROV EMENIS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACERTf IES: Submit to the Planning Department (Morgan Tracy, 639-4171, ext. 2428) for review and approval: The applicant shall revise Tract A so that it extends to the north property line and terminates at WCTM 2SI 12BC, tax lot 100. The width of the tract shall be at least as wide as needed to accommodate a paved width of 20 feet. a. In addition to other easements the applicant may grant over the tract, the applicant shall grant to the owner of tax lot 100 an easement over the tract for access purposes. The easement shall run with the land and shall obligate the owner of tax lot 100 to make any improvements necessary to provide access over the tract to tax lot 100 beyond the improvements existing at that time and shall prohibit that owner from obstructing access over the easement to the lots within the Leiser Park plat in addition to other reasonable restrictions on the use of the easement for access to tax lot 100. The easement also shall obligate the owner of tax lot 100 to participate proportionately in the maintenance of Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 12 0 0 improvements in the easement if and after the owner of tax lot 100 improves the easement to provide access to that tax lot. The easement shall be noted on the face of the plat. 2. The applicant shall revise the construction plans to show the private street with sidewalks on at least one side. The sidewalk may be contained in a separate easement. Furthermore the construction plans for the private street, "Tract A" and the associated access easement shall show that the pavement section will only be improved to a length of 150 feet or otherwise will provide for a standard turnaround. The sidewalks shall continue to the northern property boundary. Also, incorporate the requirements of Tualatin Valley Fire & Rescue (TVF&R) as reflected in the Agency Comments Section of this decision, into the construction documents. 3. Submit a revised street utility plan that shows the location, species, and size (minimum 2-inch caliper) of required street trees. 4. The applicant shall submit a mitigation program that includes: Assurances for the sale of 750 caliper inches to be planted in the City of Tigard through the Tigard High School Boosters, or some other approved alternate community based group. The program shall include measures to ensure that the trees are distributed solely to City of Tigard residents. The trees may be sold over a period of time exceeding the I- year approval period, but in no case shall exceed 3 years. If, at the conclusion of the third year, there are remaining caliper inches to be sold, the applicant may opt to plant the remaining trees in an off site location (approved by the City Forester) or pay the fee in lieu (fee assessed at the time of payment). The trees the applicant provides pursuant to this condition shall be healthy when provided. The City encourages the applicant to protect roots of trees to be donated by providing trees in containers. b. A revised landscaping plan or other document that assures that three (3), 2-inch caliper trees will be planted per each lot. The planting of said trees shall occur after the homes are substantially complete, but prior to final occupancy inspection. The applicant shall maintain written records of mitigation trees planted on the site showing the approximate date on which a mitigation tree is planted and the location where it was planted. The applicant shall provide a copy of those records to the City on request, but not more than monthly. The applicant is responsible for the survival of each such mitigation tree for one year, and shall replace a tree if the applicant's arborist of the City Forester finds that Ll.. L...... L 1116 L1GG 15 ,7.. LL0.1110...11bx...1GLL L11 1 LL15G0.JU LL 5uG1..~..1 L1 11110.1 L . 1L1 _ W111 11V1VL1 5Li1Vlve Vr pVJGJ Q 11..4.Gtl1...lU W UIE; L11G public within one year after the applicant planted the tree. 5. Prior to any tree removal, the applicant shall clearly designate the trees for removal in the field with bright orange spray paint, and those to be retained with a different color vinyl tape or such other color and marking scheme as the City Forester may approve. The City Forester shall inspect and approve the final marked trees before clearing commences. The applicant shall verify the accuracy of the tree labels not more than 48 hours before the start of tree removal. Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 13 0 0 6. When the applicant submits public improvement plans, the applicant also shall submit a tree protection plan for review and approval. a. The tree protection plan shall clearly identify trees to be retained and trees to be removed. b. For at least the trees to be retained, the tree protection plan shall show where the applicant will install 6-foot high fencing to protect those trees during construction. In the case of trees 55, 205, 207, 211, 217 and 218, the applicant shall place protective fencing where the City Forester approves it, but not farther from the trees than the greater of the drip line of the tree or a circle with a radius that extends one foot from the tree for each one inch of trunk dbh. C. For trees whose trunks are situated off-site, but whose crown extends over the site, the applicant shall show fencing will be situated no closer to the tree than the drip line if development (such as storage of goods or equipment, grading, construction or access) may occur within 15% of the area on the site within the drip line of the tree. d. Tree protection fencing shall be placed and maintained in good condition in accordance with the applicant's approved tree protection plan. Fencing on the plan can be removed only after approved by the City Forester. If fencing is removed or protection is reduced without prior approval, the City Forester may require the applicant to reinstall fencing consistent with the applicant's approved tree protection plan. 7. Prior to construction, the applicant shall submit proposed Conditions, Covenants & Restrictions (CC&R) for review and approval by the planning manager. Among other provisions the CC&Rs shall require lot owners: a. To retain any tree on a lot greater than 126 in diameter at breast height when the City approves occupancy or final inspection of a home on that lot unless a certified arborist submits a written statement to the planning manager in which the arborist concludes that said tree is a hazard due to structural defect or for health reasons and the basis for those conclusions; b To maintain trees that mitigate for trees that the applicant removed from the site as identified in the written records required by condition 4.b except as otherwise authorized pursuant to condition 8; and To maintain the private street as provided in the CC&R's. The applicant shall file the approved CC&R's together with the final plat and deeds to the property. Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 14 8. Prior to or during and construction, the applicant may not remove any of the trees to be retained based on the approved tree protection plan except after it is approved in writing by the City Forester. After the subdivision is developed and an Association of owners of individual lots is in place, the Homeowner's Association shall review and may approve or deny requests to remove trees. The Association shall create a process and guidelines for considering tree removal requests. Any tree removed from a lot prior to the issuance of final occupancy on the house will be required to be mitigated at 100% of the caliper inches removed. Submit to the Engineering Department (Brian Rager, 639-4171, ext. 2471) for review and approval: 9. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this project to cover all infrastructure work within the subdivision, the street improvements in both 79th and 81s' Avenues, and any other work in the public right-of-way. Eight (8) sets of detailed public improvement plans shall be submitted for 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 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.ci.tigard.or.us). 10. 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 processing of project documents. 11. 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. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 12. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half-street improvement along the frontage of 79th Avenue. The improvements adjacent to this site shall include: A. City standard pavement section for a neighborhood route from curb to centerline equal to 18 feet; B. Pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 15 • • C. Concrete curb, or curb and gutter as needed; D. Storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. A 5-foot wide concrete sidewalk with a planter strip; F. Street trees in the planter strip spaced per Tigard Development Code (TDC) requirements; G. Street striping; H. Streetlight layout by applicant's engineer, to be approved by City Engineer; 1. Underground utilities; J. Street signs (if applicable); K. Driveway aprons or a note on the face of the plans that the Developer will submit a plan showing where the driveway apron is proposed for each lot subject to review and approval by the City as part of the building permit application for each lot and the Developer will complete construction of driveway aprons to City standard in the approved location on each lot before occupancy or final inspection for the home on that lot; and L. Adjustments in vertical and/or horizontal alignment to construct SW 79th Avenue in a safe manner, as approved by the Engineering Department. 13. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half-street improvement along the frontage of 81St Avenue. The improvements adjacent to this site shall include: A. City standard pavement section for a local residential street from curb to centerline equal to 16 feet; B. Pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. A concrete curb, or curb and gutter as needed; D. Storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. A 5-foot wide concrete sidewalk with a planter strip; F. Street trees in the planter strip spaced per TDC requirements; G. Street striping; H. Streetlight layout by applicant's engineer, to be approved by City Engineer; 1. Underground utilities; J. Street signs (if applicable); K. Driveway aprons or a note on the face of the plans that the Developer will submit a plan showing where the driveway apron is proposed for each lot subject to review and approval by the City as part of the building permit application for each lot and the Developer will complete construction of driveway aprons to City standard in the approved location on each lot before occupancy or final inspection for the home on that lot; and L. Adjustments in vertical and/or horizontal alignment to construct SW 81St Avenue in a safe manner, as approved by the Engineering Department. Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 16 • • 14. The applicant shall consider constructing SW 80th Avenue with a 32-foot-wide paved section to allow for parking on both sides. The right-of-way (ROW) for 80th Avenue can remain at 50 feet, and the new sidewalks could be constructed curb-tight to match the existing improvements to the south. 15. The applicant's Public Facility Improvement permit construction drawings shall indicate that full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons or a note such as the one described in conditions 12.K and 13.K curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. 16. Profiles of 79th Avenue and 81st Avenue shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 17. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local residential street. 18. Any portion of public sanitary or storm drainage lines to be located outside of paved roadway areas shall be constructed of ductile iron or PVC C-900 pipe. 19. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit 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 PFI permit plans from the Engineering Department and construction of public water lines. 20. Final design plans and calculations for the proposed public water quality/detention facility shall be submitted to the Engineering Department (Brian Rager) as a part of the Public Facility Improvement plans. Included with the plans shall be a proposed landscape plan 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 plans submittal, the applicant shall submit an Operations and Maintenance 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. Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 17 0 • 21. 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, December 2000 edition." 22. 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. 23. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 24. The developer shall provide signage at the entrance of the private street, Tract A, which lists the addresses that are served by that street. This will assist emergency services personnel to more easily find a particular home. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit to the Planning Department (Morgan Tracy, 639-4171, ext. 2428) for review and approval: 25. The applicant shall place a statement on the final plat indicating the private street will be owned and maintained by the properties it serves. 26. Before the City issues a building permit for any of the proposed lots, the applicant shall submit a tree protection plan prepared by a certified arborist that recommends measures to protect the trees on the individual lot, as well as to protect the root zones of trees on adjacent lots and properties. The applicant shall be obligated to protect all existing trees with protection fencing established at the drip line of the trees. No encroachments or relocation of the fencing shall be permitted for those trees that the applicant proposed to retain in the tree protection plan except as otherwise approved in writing by the City Forester. Encroachments of improvements or construction may occur within the drip line of trees authorized for removal, provided the applicant's arborist concurs that such encroachment will not jeopardize the stability or viability of the tree, and confirms by a post construction inspection report, that said tree does not pose a hazard. If the applicant's arborist finds that the tree is no longer viable, the tree shall be removed and is not subject to further mitigation requirements. Nothing in this condition shall be construed to limit the City's ability to declare a tree a nuisance and to require its removal pursuant to Chapter 7.40 of the Tigard Municipal Code. Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 18 0 • Submit to the Engineering Department (Brian Rager, 639-4171, ext. 2471) for review and approval: 27. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of $600.00. (STAFF CONTACT: Shirley Treat, Engineering). 28. The final plat shall show on the face that ROW will be dedicated for 79th Avenue to provide 29 feet from the centerline. The ROW for 81st Avenue shall be 27 feet from centerline. The ROW for 80th Avenue shall be 54 feet. 29. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street(s) will be jointly owned and maintained by the private property owners who abut and take access from it(them). 30. Prior to approval of the final plat, the applicant shall prepare Conditions, Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the CC&R's to the Engineering Department (Brian Rager) prior to approval of the final plat. 31. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. 32. Prior to approval of the final plat, the applicant shall pay $963.00 to the City for the striping of the bike lane along the frontage of 79th Avenue. 33. The applicant shall either place the existing overhead utility lines along SW 79th Avenue or 81 st 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. The fee must be paid prior to approval of the final plat. If the fee option is chosen, the amount for each street will be as follows: ♦ 79th Avenue $7,260.00 ♦ 81St Avenue $9,130.00 34. 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). These 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. Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 19 0 • 35. 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 in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 426). C. 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. D. The right-of-way dedications for 79th Avenue and 81st Avenue 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 Department 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 two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 2471) for review and approval: 36. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 37. 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. 38. 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. (NOTE: the City apart from this condition, and in accordance with the City's model home policy may issue model home permits). 39. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in ODWGO format, if available; otherwise ODXFO will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for 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). Appeal of manager's decision in SUB 2002-00010 Hearings Officer Final Order and VAR 2002-00046 & 00047 (Leiser Park) Page 20 THE FOLLOWING CONDITIONS ARE CONTINUING OBLIGATIONS UPON THE PROJECT: Contact the Planning Department (Morgan Tracy, 639.4147, ext. 2428) regarding any questions related to the following: 40. The applicant shall adhere to the final tree protection plan for constructing the subdivision improvements. Trees authorized for removal are as specified in the applicant's final tree removal plan. Mitigation shall be performed as specified in the applicant's mitigation program and as memorialized in Condition #4. The applicant shall be obligated to protect all trees not removed with protection fencing established at the drip line of the trees. No encroachments or relocation of the fencing shall be permitted for those trees not authorized for removal without prior written authorization by the City Forester. Encroachments of improvements or construction may occur within the drip line of trees authorized for removal, provided the applicant's arborist concurs that such encroachment will not jeopardize the stability or viability of the tree, and confirms by a post construction inspection report, that said tree does not pose a hazard. If the applicant's arborist fords that the tree is no longer viable, the tree shall be removed and is not subject to further mitigation requirements. Nothing in this condition shall be construed to limit the City's ability to declare a tree a nuisance and require its removal, pursuant to Chapter 7.40 of the Tigard Municipal Code. 41. The applicant shall acknowledge in writing his acceptance of the following requirement: If the tree protection guidelines are not followed, or tree protection is moved after being approved in the field, knocked down during construction, or removed prior to the end of construction. then the project will be immediately shut down until the fencing is reinstalled according to the approved tree protection plan. 42. The applicant shall sign and submit a Sign Compliance Agreement regarding the placement of temporary and permanent signage, provided the manager shall amend the agreement by adding at least the following sentence before the signature block: City agrees that the Developer may appeal any notice or citation the City files alleging a violation of the signage regulations pursuant to this agreement as provided by the Tigard Development Code. Tf rpi-n 1mi-nAPA bu the ('ih7 Attnrnou rho mn"~par . n- -.-A ♦he as avvvaaaaaavaaaa r v' .•.V V11' 114..V111V', - 111611-- 11161,' 4111V1111 611v agreement in other ways. TED this 25th day of City of Appeal of manager's decision in SUB 2002-00010 and VAR 2002-00046 & 00047 (Leiser Park) Officer Hearings Officer Final Order Page 21 A AGENDA ~tEM 00- 2•1 C II`1 11V ,I i 0 - - 0 "EXHIBIT A" PARTIES OF RECORD (Written Public Testimony received at the hearing) <.1 • • CITY OF TIOARD Community (Development Shaping ,4 Better Community MEMORANDUM CITY OF TIGARD, OREGON 13125 SW Hall Boulevard Tigard, Oregon 97223 (503) 639-4171 Fax 684-7297 TO: Larry Epstein, City of Tigard Hearings Officer FROM: Morgan Tracy, Associate Planner ° DATE: July 14, 2003 SUBJECT: Leiser Park Subdivision (SUB 2002-00010) Appeal Tree Protection Plan Resubmittal At the previous hearing on June 23rd, questions arose regarding the applicant's submitted tree protection plan. There was discussion regarding the extent of required protection and how the City would address trees that became hazardous as a result of construction trauma. Based on input from the City Attorney's office, staff proposed modifying several conditions which had previously addressed these concerns, but were found to not be supported by the language in the code as outlined in staffs memorandum, dated June 17t'. As a result, the applicant would be forced to comply with the tree removal plan originally submitted, and if circumstances later required a tree to be removed that hadn't previously been indicated for removal, this action would constitute a violation and require mitigation even though the applicant had already provided a mitigation plan showing a surplus of mitigation. Consequently, the applicant requested to revise the tree removal plan to show essentially three types of trees: 1) trees that will be removed to allow the public improvements to be constructed, 2) trees that may be removed since they have already been mitigated for, and 3) trees that are to be protected throughout the development. For the first type of trees, no protection will be required. The second and third type of trees will be protected with chain link fencing, six feet tall. For the second type of trees, the fencing may be established closer than the dripline of the trees provided the applicant's arborist concurs that such encroachment will not jeopardize the stability or viability of the tree, and confirms by a post construction inspection report, that said tree does not pose a hazard. If subsequent construction trauma renders the tree unsafe or not viable, these trees may be removed without further penalty, since they have already been mitigated for. The third type of trees will receive the greatest protection, with fencing established at the dripline, and no encroachments will be permitted. If damage does occur to these trees in 7/14/2003 Public Hearing, Continued - 2"° Memo to the Hearings Officer Page 1 of 3 RE: SUB2002-00010/Leiser Park Subdivision Appeal relation to the construction process, these trees will be subject to the penalties established in the development and municipal codes. The following conditions are recommended to address the revised tree protection plan. Revise Condition #6 as recommended in staffs previous memo: "Submit construction drawings that indicate the trees to be retained and the proposed location of tree protection fencing. Tree protection fencing shall be placed in accordance with the applicant's tree protection plan. Fencing can only be removed with the approval of the City Forester, who may require that said fencing be reinstalled per the approved construction plans." Amend Condition #26 to address protection after completion of the project: The applicant shall record Conditions, Covenants, and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private street(s). The CC&R's shall also designate that any tree greater than 92" in diameter that is located on the lots following final occupancy inspection of the homes shall not be removed unless a certified arborist makes a written finding that said tree is a hazard due to structural defect or health reasons. These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. Insert before Condition #36 (Prior to Issuance of Building Permits): The applicant for building permits shall submit a tree protection plan prepared by a certified arborist that recommends measures to protect the trees on the individual lot, as well as protect the root zones of trees on adjacent lots and properties. The applicant shall be obligated to protect all existing trees with protection fencing established at the dripline of the trees. No encroachments or relocation of the fencing shall be permitted for those trees not authorized for removal by the subdivision approval without explicit written authorization by the City Forester. Encroachments of improvements or construction may occur within the dripline of trees authorized for removal, provided the applicant's arborist concurs that such encroachment will not jeopardize the stability or viability of the tree, and confirms by a post construction inspection report, that said tree does not pose a hazard. If the applicant's arborist finds that the tree is no longer viable, the tree shall be removed and is not subject to further mitigation requirements. Nothing in this condition shall be construed to limit the City's ability to declare a tree a nuisance and require its removal, pursuant to Chapter 7.40 of the Tigard Municipal Code." Replace Condition #40: "The applicant shall adhere to the final tree protection plan for constructing the subdivision improvements. Trees authorized for removal are as specified in the applicant's final tree removal plan. Mitigation shall be performed as specified in the applicant's mitigation program and as memorialized in Condition #4. The applicant shall be obligated to protect all trees not removed with protection fencing established at the dripline of the trees. No encroachments or relocation of the fencing shall be permitted for those trees not authorized for removal without explicit written authorization by the City Forester. Encroachments of improvements or construction may occur within the dripline of trees authorized for removal, provided the applicant's arborist concurs that such encroachment will not jeopardize the stability or viability of the tree, and confirms by a post construction inspection report, that said tree does not pose a hazard. If the applicant's arborist finds that the tree is no longer viable, the tree shall be removed and is not subject to further mitigation requirements. Nothing in this condition shall be construed to limit the City's ability to declare a tree a nuisance and require its removal, pursuant to Chapter 7.40 of the Tigard Municipal Code." 7/14/2003 Public Hearing, Continued - 2"° Memo to the Hearings Officer Page 2 of 3 RE: SUB2002-00010/1-eiser Park Subdivision Appeal ,OF w • • Replace Condition #41 as recommended in staff s previous memo: "The applicant shall acknowledge in writing his acceptance of the following requirement: If the tree protection guidelines are not followed, moved after being approved in the field, knocked down during construction, or are removed prior to the end of construction then the project will be immediately shut down until the fencing is reinstalled according to the conditions of approval;" Other Items: This morning, a letter was submitted from Kenneth Peterson regarding the adequacy of the marking of the trees in the field for those trees slated to be cut. Since multiple surveys and inventories have been taken of the trees, there are confusing marks on the trees. It is unclear which marks refer to trees being cut versus trees being saved. He requests that a final audit be performed prior to commencing any site work. Staff believes condition #5 achieves this, but if a different marking scheme is more appropriate, now would be the time to amend the condition. With these revisions, staff finds that the application satisfies the criteria for approval, and recommends the Hearings Officer adopt the changes noted herein. ATTACHMENTS: Attachment 1 - Memorandum from Matt Stine, City Forester Attachment 2 - Applicant's Revised Tree Protection and Removal Plan Attachment 3 - Letter dated July 14, 2003 from Kenneth Peterson 7/14/2003 Public Hearing, Continued - 2"° Memo to the Hearings Officer Page 3 of 3 RE: SUB2002-00010/1-eiser Park Subdivision Appeal l;, • • MEMORANDUM TO: Morgan Tracy FROM: Matt Stine RE: Leiser Park - Addendum to Tree Removal DATE: July 9, 2003 ATTACHMENT I As you requested, here are my comments the addendum to the tree removal at Leiser Park. As per the Tree Removal plans received by the city on July 3, 2003, the tree protection fencing is close to the standards recognized by the International Society of Arboriculture (ISA). The standards recommend allowing one foot of protection for every inch of diameter at breast height (DBH - 4.5 feet from the ground). This is oftentimes referred to as the Critical Root Zone (CRZ). For example, a 20 inch DBH tree would have its tree protection fencing located 20 feet from the face of the trunk all of the way around the tree's canopy. If possible, I would like to see the fencing brought out to reflect ISA's standards for tree protection. I would at least require that the fencing extend out further to add more protection for tree numbers 55, 205 and 218. According to the plans the tree protection fencing is located: approximately 19 feet from the face of tree number 27 (24 inch DBH); approximately 14 feet from the face of tree number 55 (23 inch DBH); approximately 12 feet from the face of tree number 205 (20 inch DBH); approximately 15 feet from the face of tree number 207 (18 inch DBH); approximately 23 feet from the face of tree number 211 (26 inch DBH); approximately 17 feet from the face of tree number 217 (21 inch DBH); approximately 16 feet from the face of tree number 218 (23 inch DBH). The trees on the neighboring properties must also be protected from the adverse impacts of construction. The developer must show tree protection fencing that will be installed to protect the roots of these adjacent property owners' trees. Trees that must receive protective fencing are any trees that will have more than 15% of its CRZ impacted by construction, which may include but not be limited to, grading, filling, trenching or equipment storage. There are two trees listed in the "Leave" column that are shown on the plans to be removed. They are tree numbers 30 and 147. The developer should make the necessary corrections in the Mitigation Summary. ,1 • • The developer has proposed planting three 2-inch caliper trees on each lot to satisfy a portion of the tree mitigation requirements. I feel that this is an excellent way to satisfy the tree mitigation requirements since it puts trees back on the site. I would suggest though that the developer be responsible for the survival of the trees for a period of at least one year or one complete growing season, whichever is longer. If the trees are planted in the fall or winter (which is when they should be planted anyway) achieving this commitment should not be a problem. I would like to be able to review and comment on any tree planting plans with regard to species selection, planting locations and size of trees. My only other comment is in reference to the developer's idea to donate trees to the Tigard High School Booster Club. I realize that bare root trees are the least expensive choice when purchasing any kind of tree from a nursery. My only concern with bare root trees is, if the Tigard residents do not plant the trees right away or properly "heal" them in to protect the trees' roots from drying out, the survival of the trees will be significantly lowered than if the people were to receive trees in, say, containers. Containerized trees may cost more money but the possibility of the roots drying out thus possibly killing the tree(s) is much less. I think that it would also be wise if instructions were given out to with the sale of each tree that shows how to properly plant, maintain and care for the tree. Information contained at the beginning of the City's Street Tree List may be used to compile information to give to the future tree owners. • ATTACHMENT 2 LEISER PARK 19 Lot Subdivision Addendum to Tree Removal City of Tigard, Oregon Agent: SR Design LLC Contact: Steve Roper, PE 8196 SW Hall Blvd., Suite 232 Beaverton, OR 97008 office 503.469.1213 fax 503.469.8553 Applicant: Matrix Development Corporation Contact: Craig Brown 12755 SW 69th Avenue, #100 Portland, OR 97223 office 503.620.8080 fax 503.598.8900 • • D. Section 18.790 Tree Removal This site is extensively covered with trees, many of which must be removed to allow development of this single family detached subdivision of 19 lots. A total of 156 trees with sizes greater than 12 inches at breast height have been identified through the efforts of an arborist, and have been located on the site through a tree survey by G&L Surveying. After the tree survey and review of the trees on the site, it has been determined that approximately 74 of the trees, or 47.4% of the trees that are greater than 12 inches in caliper must be removed. This means that 82 trees, or 52.6%, will either be retained on-site, are considered a hazard due to being dead, dying, diseased, or decayed and will be removed, or are located in the public ROW, and will be removed. The Tree Removal Plan (Sheet C4) identifies the locations of all trees on the site greater than 12" in diameter, both those that will remain and those that will be removed. In order to provide the necessary streets in this development, as well as creating envelopes for construction of 19 single family detached dwellings, a total of 74 mitigatable trees must be removed. If it is determined mitigation is required at the time of home construction, three (3) trees of two-inch caliper will be planted on each of the 19 lots, in addition to the two (2) required street trees. The 57 trees (19 lots x 3 trees per lot) resulting in 114 caliper inches represents an on site mitigation plan proposed by the applicant. However, this mitigation may not actually be required. A critical factor enters into the tree preservation and removal consideration for this site. Because of the prior sanitary sewer construction that creates the need to import fill and regrade the site extensively, the applicant is not directly responsible for the trees that must be removed. Based on the project engineer's grading plan for the site, almost all 74 trees that must be removed are required as a result of the need for extensive grading resulting from prior existing offsite utility construction elevations. As such, the applicant is applying for a separate variance to these requirements to release the applicant from the responsibility for mitigation for the trees that must be removed due to the original installation of the offsite utility at an elevation, which has resulted in a situation, which is neither the applicant's responsibility nor a problem, which they should resolve. • Section 18.790.010 Purpose Response: In the Purpose statement of this Section of the Community Development Code, there are seven (7) individual purposes set forth in subsection B. Only the seventh purpose, that which deals with Commercial Forestry, does not apply to this site. Subsection C recognizes that trees must be removed to accommodate planned urban development within the City. However, this subsection does not provide any specific relief to property owners and developers who are proposing to develop sites such as the subject site that are very extensively covered with large trees, and full onsite mitigation is not possible. The end result is that the developer will be subject to a very expensive mitigation plan and process in order to achieve the end goal of development of the site for residential use. ■ • Section 18.790.030 Tree Plan Requirement ■ Response: In accordance with the requirements of this subsection, a Tree Survey has been prepared that identifies the location, species, and size of the individual trees on the site. ■ This Tree Survey is identified as part of the Tree Removal Plan (Sheet C4). The Tree Removal Plan identifies the trees that must be removed from the site to permit ' urban residential development of the site. While the City prefers protection of trees on the site, this is impossible given the development plan for the site under the recognized comprehensive plan map designation (Low Density Residential) and zoning (R-4.5) and the depths of the existing off-site utilities. ' The Tree Plan meets all of the stated requirements under subsection 18.790.030 B. This Tree Plan has been prepared in conjunction with a certified arborist who will prepare the ' details for preservation of the remaining trees on the site, as well as the planting plan for the new trees. t • Section 18.790.040 Incentives for Tree Retention Response: Because of the proposed development of the subject site in conformance with the comprehensive plan map designation and the current zoning, the incentives for tree retention that are included in this subsection are largely unusable for this project. We are not able to take advantage of any density bonus. This circumstance would not apply even if the applicant were able to save more trees. The final two parts of this subsection A. dealing with development in the commercial and ' industrial zones does not apply because the site is designated Low Density Residential on the City's comprehensive plan map, and zoned R-4.5. ■ Subsection D. of this section would apply only to the new streets proposed in this subdivision. Because the sanitary and storm sewer is already in place, there is nothing that can be done to accommodate the preservation and retention of trees. However, if the City ' would be willing to reduce the street standards for the new east-west residential street that will connect SW 791h and 81 s' (Leiser Lane), as well as the connection of SW 80th, it is possible that some additional trees could be preserved and retained. In fact, if the streets ' were removed entirely, the site would still have to be filled in order to reach the sewer. gpctinn 1979n-n-s 1 Pprmit Annlinahility Response: The applicant understands the requirements of this section, including that a ' tree removal permit is required and that the tree removal permit may be granted upon application. 1 • Section 18.790.060 Illegal Tree Removal ' Response: No trees have been illegally removed from the property as part of this development proposal. Therefore, this Section does not apply. Leiser Park Subdivision Part One - Variance Application Narrative ' A. The Variance Request The applicant, Matrix Development Corp., is requesting a variance to the standards of the t City of Tigard's Chapter 18.790 of the Community Development Code, commonly known as the "Tree Removal Ordinance". This variance has been suggested by City staff as a method of reducing the excessive financial burden that would be placed on the developer and the ' property owners under strict compliance with Chapter 18.790 where there is no consideration of prior factors that adversely impact the site condition. Part One of the variance request is to reduce the overall number of trees on the site that are subject to mitigation, due to the prior construction of the sanitary sewer through the site to serve adjacent properties. This construction failed to install the sanitary sewer line at sufficient depth to serve the Kuentzle and Leiser parcels. To rectify this problem and thus to allow full development of the subject site, the project engineer has determined that it will be necessary to re-grade and fill the majority of the site. Approximately 1,000 cubic yards must be imported. In addition, approximately 5,000 cubic yards of material must be re-graded within the site to mitigate for the prior shallow sewer installation. As a result of this fill and grading, a significant number of trees on the site must be removed. Because this circumstance is not of the applicant's doing, relief is sought on behalf of the applicant to reduce the penalty for resulting tree removal. Granting approval to this variance application will result in no mitigation requirement for the applicant on this site for those trees that must be removed as a result of filling and regrading the site to address the shallow sewers. The second part of the variance request deals with the economic hardship created by the requirement for potential mitigation payment by the applicant for the remaining trees to be removed from the site. An economic analysis illustrates that the overall costs to bring each of the 19 lots to market will render the price of each lot at the upper end of the scale for similarly sized, similarly located lots with similar physical characteristics. Full payment in lieu of on site planting of trees, as mitigation for the trees removed, will increase the per-lot price to something above the current market value. This clearly demonstrates that this would adversely impact the applicant's ability to compete in the marketplace with the lots from this project. Therefore, the second part of the variance application proposes relief from the stipulated mitigation payment and requests alternative mitigation measures (i.e., on site planting on each lot plus the charitable tree sale for Tigard High School) be accepted by the City as mitigation in full. This appears to be clearly within the authority of the Director as provided in Section 18.790.060 D3 and F. Major factors prompting this request were the original installation of the sanitary sewer and the storm sewer for Mara Woods in 1985 and additional construction of a sanitary sewer line to serve the Raze Meadows project in 1991 at insufficient depths to serve the future development of the Kuentzle and Leiser properties. This situation already results in a burden for the developer of this particular site by requiring that significant amounts of fill be brought J:\Data\MAT001\Word\Revised Nar\REVVAR- FINAL - Revised per Tree Removal Revisions 6_30_03.DOC • • onto and regraded within the site to raise the topography of the site to allow storm and sanitary sewer service to serve the future lots. Because of the large number of trees on the site, the added fill needed to resolve the storm and sanitary sewer issue requires the removal of a significant number of trees from the site. Under these circumstances, a strict application of the tree mitigation ordinance places an inflated and unreasonable burden on the developer and increases the costs of the development considerably. Additionally, the existing sanitary sewer on-site (serving Raze Meadows to the south) will need to be reconstructed and a new line built from SW 79th at the southeast corner of Mara Woods. Had these utilities been engineered and installed at the proper depth to account for the eventual service of the subject site, the current requirement for filling the site to obtain utility service would not exist today. In fact, most of tree the removal results directly from having to fill and re-grade the site because of the shallow installation of the existing storm and sanitary sewers. Based on the tree inventory of the site, the proposed development plan requires that less than 50% of the trees (74 of 156) on the site be removed when the site is developed in a manner allowing connections to the existing of the sanitary sewer and storm service. However, the applicant is not the root cause for the loss of those trees, which must be removed because of the fill and grading associated with the existing shallow utilities. When counting only the removal of those trees on the site for which the applicant may be directly responsible, the Tree Removal Ordinance would likely require no mitigation. Therefore, Matrix Development Corp. requests a variance to the Tree Removal Ordinance (Chapter 18.790) so that the development of the site under the existing R-4.5 zoning might be pursued in a reasonable and economic manner. Otherwise, the development of the site may be jeopardized by the potentially onerous and unfair mitigation requirements of the Tree Removal Ordinance as they could be applied to this specific site. Matrix Development Corp. requests a variance to Section 18.790.030 B.2.a :of the Tigard Community Development Code to allow for: 1.) a re-determination of the obligation for the trees to be removed from the site and, 2.) an alternative method of mitigation for the trees that must be removed from the site to permit urban development under the existing R-4.5 zoning district. Rather than (a) planting all of the replacement trees onsite, which simply not a feasible option in this instance, or (b) a cash payment to the City for the trees removed from the site in lieu of planting of those replacement trees, Matrix Development Corp. proposes a method of mitigation that will both fulfill the spirit and goal of the mitigation program and also serve a greater public benefit. This alternative mitigation plan is spelled out later in this application narrative. B. Project Background The site for which the variance is requested is heavily wooded with a mix of larger, mature coniferous and deciduous trees. Tree species are primarily maple, cedar and fir. Based on the special circumstances of the site"and the prior development that has taken place adjacent to the site relating to the sanitary sewer lines and storm sewer, the requested variance is necessary to allow the subject site to be developed in a reasonably economic and feasible manner. J:\Data\MAT001\Word\Revised Nar\REVVAR- FINAL - Revised per Tree Removal Revisions 6_30_03.DOC ' The applicant, Matrix Development Corp., proposes to develop the adjoining parcels purchased from Kuentzle (Tax Lot 2800) and under option from Leiser (Tax Lot 300), totaling ' 4.36 acres, into a 19-lot subdivision for detached single-family dwellings. The site is located between SW 79th and 81St Avenues, just south of Bonita Road in Tigard. Lot 16 of the proposed development plan (located on the Kuentzle property) has an existing single family ' dwelling in place that will be removed. All 19 lots will be developed with new dwellings. There will be no open space tract because this is a subdivision. There will, however, be a private street (Tract A) adjacent to lots 8 and 11 that will provide access to lots 9 and 10. Lots 8 and 11, although directly adjacent to the private street, will have direct frontage and ' access onto Leiser Lane. This private street is 27 feet in overall width and approximately 108 feet in total length. The tract is approximately 2,885 square feet in size. Finally, there will be a storm water facility tract on the easterly edge of the site, located between Lot 15 and S.W 79th Avenue. This tract is approximately 3,440 square feet in size. This particular tract will be a public facility tract, dedicated to the City for public purposes. Lot sizes for this project will range from a minimum of 7,042 square feet (Lot 8) to a maximum of 8,226 square feet (Lot 16). Average lot size will be 7,505 square feet. The Kuentzle parcel, the smaller of the two parcels at 1.88 acres, is bound by the Mara Woods subdivision to the north which is zoned R-7, and a single family dwelling on the property to the south which is currently zoned R-4.5. Across SW 79th Avenue are two larger lots zoned R-12 (roughly the size of the Kuentzle and Leiser properties combined together) with one single family dwelling on each lot. These two lots are eligible for redevelopment at some undetermined point in the future. ■ The Leiser parcel is bounded on the north by two parcels (Tax Lots 100 and 200), both of which have single-family dwellings on them. To the south is the Raze Meadows subdivision. ' These properties are currently zoned R-4.5. Across SW 81St to the west is a large lot also zoned R-4.5 and has a single family dwelling that also serves as the headquarters of a small logging business. The proposed subdivision site is undulating in its topography, and is significantly below the grade of SW 81St Avenue. The easterly portion of the site is approximately at grade with SW 79th Avenue. Topography ranges from a maximum of 182 MSL at the westerly edge at SW ' 81 st Avenue to a low point on the Leiser parcel of 172 MSL, to a high point of almost 177 MSL on the Kuentzle parcel to 170 MSL on the easterly edge at SW 79th Avenue. The lowest point of the site is on the Keuntzle property, just adjacent to SW 79th Avenue. A ' significant amount of grading and fill will be required to level the site for purposes of development. The development site contains many trees that are in excess of 12 inches diameter (DBH, or Diameter at Breast Height). A spreadsheet (Spreadsheet A) attached as part of this application summarizes the identification of the trees on an individual basis. The trees are ' located and illustrated on Sheets C1 and C4 of the development plans. As many trees as possible have been retained in the development plan, but a significant number of trees must be removed in order to effectuate development of the site. t Sanitary sewer and water are immediately available to the site, as illustrated on Sheet C6, Preliminary Utility Plan. In fact, the sanitary sewer line traverses the site in a north-south direction and is perfectly placed along the common property line of the adjoining Leiser and J:\Data\MAT001\Word\Revised Nar\REVVAR- FINAL - Revised per Tree Removal Revisions 6_30_03.DOC 9 0 ' Kuentzle properties. Unfortunately, the sanitary sewer line originally extended from Mara Woods to serve Raze Meadows was not constructed to the proper depth to allow service of the Leiser and Kuentzle properties. The existing Mara Woods and Raze Meadows developments were filled at the time of their development to be served by the sewers. The existing sanitary sewer line will need to be abandoned from the manhole at the ' southwest corner of Mara Woods to Raze Meadows. The sanitary sewer from Raze Meadows will need to be connected to the new sanitary sewer line created as a part of this development. Five of Leiser Park's northern lots will be connected to the manhole at the ' southwest corner of Mara Woods, and the remaining Leiser Park lots will be connected to the new sanitary sewer line. The existing storm line located at the southeast corner of Mara Woods in SW 79`h, which provides drainage off-site, is very shallow with only 1.5 feet of cover over the pipe. In order to provide adequate cover over the new storm and sanitary lines, the streets will need to be raised. The lots adjacent to these streets will have to be filled above the street elevation in order to provide drainage to the streets. In summary, based on the amount of fill required to bring the site to a grade sufficient to accommodate utility service, the project arborist calculates that 74 trees will need to be removed. C. Mathematical Calculations of Mitiaatable Trees ' The spreadsheet (Spreadsheet A) illustrates the number of trees that may be saved and those that must be removed in order to permit development of the site as a standard subdivision. There are a total of 156 trees on the site, totaling 2,861 diameter caliper inches, ' that fit into the City's category of "significant" trees (greater than 12 inches diameter at breast height (DBH)). Of these 156 trees on the site, 82 trees (representing 52.6% of the total number of significant trees) having 1,398 of diameter-caliper inches (48.9% of the total ' inches) will be saved under the proposed development plan (except for trees than are hazardous due to being dead, dying, diseased, or decayed, or are in the public right-of-way. This means that 74 trees (or 47.4% of the total number of trees and totaling 1,463 diameter- caliper inches) must be removed to permit urban residential development of the site. Many fewer trees would have required removal were it not for the shallow depth of the pre-existing sanitary and storm sewers that serve the site. ' The construction of the storm and sanitary sewer for Mara Woods in 1985 and the extension of the sanitary sewer to serve the Raze Meadows development in 1991 created a different baseline for calculation of the trees that must be removed from the site to permit development under the City's ordinance. The difference between the trees that must be removed from the site under today's present circumstances and the circumstances that would have existed had the site not been adversely impacted by poorly planned prior off-site development for adjacent properties in 1985 and 1991 is substantial. And the potential mitigation requirements which could required are significant enough that some accommodation is justified to relieve the applicant of an unfair and substantial penalty which results from this pre-existing situation, a situation which is not of the applicant's making nor ' reasonably within his control to resolve without the removal of these trees. J:\Data\MAT001\Word\Revised Nar\REVVAR- FINAL - Revised per Tree Removal Revisions 6_30_03.130C The proposed plan provides for 52.6% retention of the existing inventory of trees (minus the hazardous trees, and trees in the public right-of-way). This level of retention requires mitigation for 50% of the 1,463 total diameter caliper inches of all trees on the site proposed for removal under the development plan. The number of trees requiring removal could have been significantly reduced had the existing utilities been installed at a proper depth to serve the subject site. If tree removal resulting directly to the impacts of prior construction are exempted from the calculations, there would be minimal mitigation requirements. The applicant further argues that even if any mitigation should be required for the proposed tree removal, it is more than met through the applicant's proposal for on site planting of 114 inches (19 lots x 3 trees/lot x 2 inches), and the charitable tree sale through Tigard High School's Boosters of an additional 750 caliper inches. Together these will provide 864 inches of tree mitigation and a tree replacement ratio of better than 10:1. D. Variance Criteria In Chapter 18.370 of the Tigard Community Development Code, subsection 18.370.010 C.2, there are five specific criteria listed that must be addressed as part of the process in applying for and obtaining a variance to City development standards. The variance application is normally a Type II Director's review that may be approved, approved with conditions, or denied. Therefore, because the application for variance is coupled with an application for approval of the 19-lot subdivision, both applications will be reviewed concurrently under a Type II process by the Community Development Director. The five (5) criteria contained in Chapter 18.370 of the Tigard Community Development Code are as follows: a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district, c. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land, d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. Each individual criterion is addressed in the following section of this application narrative. J:\Data\MAT001\Word\Revised Nar\REVVAR- FINAL - Revised per Tree Removal Revisions 6_30_03.DOC E. Addressinq the Criteria a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity, ' Response: Regardless of the zoning of this site, a significant number of trees must be removed to allow development to occur under the "Low Density Residential' designation ' through the City of Tigard Comprehensive Plan and the commensurate R-4.5 zoning. Tree removal becomes a major consideration in the type of development that might take place on this site. ' This variance request deals with both the manner of mitigation and a modification of standards contained in this title. The integrity of this title remains in tact because the ' proposed mitigation plan will provide a greater and more citywide benefit than limiting the mitigation effort to one site. In addition, there are no alterations or changes to City policies that are proposed or would otherwise be included as part of an approval of this variance application. Within the City of Tigard there are other properties that may be subject to the same type of variance request where the manner of mitigation may be modified. However, this variance request will allow the efficient and economic development of the subject site without adversely impacting any adjoining, adjacent, or nearby property. ' Removal of a significant number of trees from this site must be done in order to allow development of this site. The usability of the existing sanitary and storm sewers that serve the site is problematic when considering the need for fill to bring the site to level to sufficient ' to utilize these services. Filling around the trees themselves will result in an unavoidably adverse impact wherein the base and root system of the trees will be, in essence, "cut off" from the natural systems that allow the trees to survive. According to our arborist, as little as four (4) inches of fill around a tree may be enough to kill it. The filling and extensive ' regrading of the site, without removal of trees, will result in a slow but sure mortality of those trees, and leaving the trees would be an impractical and dangerous practice. Thus, the required filling of the site in order to permit development under the current Comprehensive ' Plan designation and zoning, will result in the loss of a significant number of the existing trees. And, of course, grading the site to allow for the installation of streets, utilities, dwelling footprints, and clear vision areas once the site is filled and leveled, will require that additional trees be removed. This situation creates a conflict between the development of the site and the attempt to preserve and Drotect the trees on the site. There are likelv other orooerties throughout the City that suffer from the similar conflicts, and a practical resolution begs to be found. ' b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district, Response: At 4.36 acres and generally rectangular in shape, this site is similar to other properties that may be found throughout the City, in all zoning districts. What makes this property unique is the large number of trees on this relatively small site and the 1:1Data\MAT001\Word1Revised Nar\REVVAR- FINAL - Revised per Tree Removal Revisions 6_30_03.DOC circumstances of the existing utilities that will serve the site. One hundred fifty six (156) trees of mitigatable size is a large number of trees on an urban site of this size. This does not include trees of smaller size and the understory vegetation. This vegetative cover on the site has severe consequences for the development of the site for urban residential purposes. Given the Comprehensive Plan designation of Low Density Residential and the current R-4.5 ' zoning, it is impossible to achieve even the minimum acceptable level of urban residential development without the removal of a significant number of trees of mitigatable size. The number of trees impacted by the development of the site is unavoidably compounded by the need to fill and re-grade the site in order to bring the site to a topography permitting connection to the sanitary and storm sewer lines that were constructed several years ago. These offsite services were constructed without consideration of the depth required to eventually provide service to subject site. As such, it is left to the property owners and developer to solve the problem. The developer's engineer has determined that the only practical solution to the problem is extensive filling and regrading of the site. And as the site is filled, there will be an unavoidable loss of many of the existing trees on the site. In the end, the trees will be lost either as their root systems are buried from fill being added around the base of the trees or through pre-emptive removal by the developer at the time of initial. development in order to prevent future hazards and difficulties with the dying trees. The construction of the existing sanitary sewer across this site to other adjacent properties was not the doing of the current developer. And while other development sites in Tigard have topography issues that must be addressed, it is doubtful that many others have the issue to deal with so directly as a result of past construction of sanitary and storm sewer lines. Therefore, this site is unique which results in compliance with this criterion. C. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land, Response: The parcels on which the 19-lot subdivision is being proposed, are both zoned R-4.5. The applicant's intent is to remain in compliance with the standards of the City's Comprehensive Plan designation and this zoning district. Without the ability to remove a significant number of trees from the site, the potential density (19 lots),would be reduced, possibly below a minimum density level that is efficiently and effectively practical and which makes no economic sense for the property owners, the developer and the general public. The lower the density on the site, the greater will be the cost of each lot. Therefore, the need to develop the property in conformance with the Comprehensive Plan designation and the current zoning district outweighs the negative side of removing trees from the site. d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; Response: The applicant is proposing to develop the site in conformance with the specifications of the title, the City's Comprehensive Plan and the current zoning district. Only by altering the physical characteristics of the site through filling and removal of a significant J:\Data\MAT001\Word\Revised Nar\REVVAR- FINAL - Revised per Tree Removal Revisions 6_30_03.DOC • • number of trees can the site be developed as intended through the City's long range planning process. The prior construction of the sanitary sewer line across the site to originally serve other properties and the elevation of the storm outfall have produced a special set of problems under which this site might be developed. The required filling and regarding of the site will adversely impact the ability to retain trees many of the existing trees on the site, but is required to develop the site for urban residential purposes. The applicant is not proposing to develop the site any differently than is anticipated through the long range planning process completed by the City. Therefore, the requested variance will not alter or change the planned development of the site. e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. Response: The applicant did not construct the storm and sanitary sewer lines in 1985, which has caused the necessity for the extensive filling and re-grading of the site. The removal of the significant number of trees comes as a direct and unavoidable result of this extensive filling and re-grading. Therefore, the factors are inextricably tied together and must be considered in order for the site to be developed as allowed through the City's Comprehensive Plan "Low Density Residential" designation and current R-4.5 zoning district. Because neither the property owners nor the developer created these circumstances, a variance is necessary and appropriate as a practical and economic solution to the problems. Based on the amount of fill required to bring the site to a grade sufficient for utility service, the project arborist calculates that 81 trees will need to be removed for this purpose alone. Due to high number of trees that must be removed relative to the size of the site, the required mitigation measures under the Code would be unreasonable and very expensive. The cost of the mitigation would result in the proposed development being unfeasible without the relief sought through the provisions of this variance. F. The Proposed Mitigation Plan Matrix Development Corp. proposes that it be allowed to mitigate for the trees removed from this site by using a more philanthropic and community wide approach than the standard mitigation process. The typical mitigation process requires that either replacement trees having an equal number of caliper inches be planted on the subject site or at some location or locations within the City, or that a substantial fee be paid in-lieu in accordance with a stipulated fee schedule. The City's Community Development Code provides no specific alternative methods of mitigation that may provide community benefits, equal to or greater than those provided through the City's ordinance. However, there is authority given in the- Code to the Director to allow discretion in the method of mitigation, and the applicant is requesting that this discretion be extended and applied to this application (see 18.790.060.D.3). If the variance requested to grant relief for those trees removed as a direct result of having to fill the site to compensate for the elevation of the adjacent sanitary and storm sewers is not granted, the developer would have to mitigate for a full 50% of the 74 total trees that must be removed in development of the site. These trees have a combined caliper inch total of 1,463 inches, requiring mitigation of 732 caliper inches. While the City's ordinance provides for actual tree planting as the preferred mitigation method, the number of trees (assuming an J:\Data\MAT001\Word\Revised Nar\REVVAR- FINAL - Revised per Tree Removal Revisions 6_30_03.DOC • • average 1" caliper replacement tree) that would be required to be planted would require approximately 10 acres of vacant land in order to allow for tree growth, canopy cover, and tree spacing that would accommodate for growth to maturity. (625 square feet per tree, using a spacing of 25 x 25 feet, equals approximately 70 trees per acre. At 1" per tree, this would result in 700+ trees on 10 acres). Use of this number of acres could include sites zoned for urban uses, thus potentially removing these sites from the City's inventory of developable properties. The second option is payment in lieu of tree planting. Under the City's formula, this would result in a payment of approximately $91,438 (i.e., 1,463 inches x 50% mitigation x $125 per caliper inch), if no relief is granted for the direct impact of the prior construction and the solution to that problem. When this potential mitigation payment is added to the cost of purchasing the land, preparing it for urban residential development, and selling the finished dwellings to buyers, the total cost spread over the proposed 19 lots simply makes the development of the property unreasonably and unnecessarily expensive. The tree mitigation alone adds $4,813 to the cost of each lot. The end result could be that the subject site is not developed for urban residential uses under the City's "Low Density Residential" designation on its Comprehensive Plan and the R-4.5 zoning. In addition, the City has no clearly stated program for the use of the $91,438 mitigation payment, resulting in some uncertainty that it will be used to plant new trees within the city. Matrix Development Corp. therefore asks that a variance be granted allowing those trees that must be removed as a result of the required filling and re-qradinq of the site relating to the adjacent sanitary and storm sewer elevations not be subiect to the standard method of mitigation as provided in the Code. These trees (requiring 732 caliper inches of mitigation, based on a 50% mitigation factor) will instead be mitigated for in the following manner: Matrix Development Corp. proposes the following mitigation plan for this site: • Approximately 750 caliper inches of high quality, bare root trees will be purchased by Matrix Development Corp. from a reputable nursery. These trees will have an approximate caliper size of one (1) inch. These trees have been selected as being very marketable and having a high rate of survivability. These 750 trees represent the calculated mitigation requirement. • These bare root trees will be purchased by Matrix Development Corp. and donated to the Tigard High School Boosters, which will then sell the trees as part of a fund raising program, with all proceeds being retained by the organization for use in their sponsored programs. • For the program to be successful, the species offered will need of species appealing to the general public for residential use. The species will likely tend toward ornamental, shade and fruit trees with the ultimate selection of size and species based on the fund raising organization's assessment of what will most likely succeed in their sale. • The sale will take place at a well publicized site within the City (such as the high school), thus targeting City residents. J:\Data\MAT001\Word\Revised Nar\REVVAR- FINAL - Revised per Tree Removal Revisions 6_30_03.DOC ' Because these trees will be bare root stock, the sale will need to take place at a time when these trees are 1) available from the nursery, and 2) their ' survivability would be the greatest; most likely in the January through March period. • It is estimated that the proceeds would range from $15,000 to $20,000+, ' based on wholesale prices for these trees ranging from $10 to $30 each; any premium over wholesale will produce even more funds for the Boosters. • The promotional materials will clearly identify that the sale is a subsidized event to promote the planting of trees within the City of Tigard and purchasers of the trees will be asked to sign a statement pledging that the trees will be planted within the City of Tigard. • In addition to the tree sale by the Boosters, Matrix Development Corp. will plant up to three (3) two-inch caliper trees on each of the 19 lots within the subdivision, in addition to the required two (2) street trees. This will total up to 57 trees and 114 caliper inches (not including the required street trees) that will count toward any mitigation requirement. This proposed mitigation plan will result in a total of approximately 807 trees, and more caliper inches (totaling approximately 750 + 114 = 864) than would be required to be planted within the City of Tigard. using the City's standard mitigation program. This would be an overall ratio of total trees of over 10 to 1 and would fulfill both the intent with the spirit of the City's Code. NOTE: Based on the practical consideration of needing to conduct the Tigard High School Booster's tree sale during the late winter-early spring period, Matrix has provided the initial shipment of 310 trees to the Boosters for their sale. The trees were delivered to the High School on Thursday, February 20th. Matrix also provided $500 to the Boosters to aid in their setup and promotional expenses to assure the sale's success. The Boosters appointed Kris Homma to supervise the sale. She is particularly well qualified in this effort as she is a District Conservationist with the U.S. Department of Agriculture and frequently works in re-forestation efforts. Kris can be reached at 503-620-8048 (home). J:\Data\MAT001\Word\Revised Nar\REVVAR- FINAL - Revised per Tree Removal Revisions 6_30_03.DOC Leiser Park Mitigation Reanalysis • Page of 4 7/3/2003 Knapp0134 Leiser- Reanalysi s.xls Tag # Species DBH DDDD Leave Cut Description 6 Dou las-fir 17 17 no apparent defects or limitations 8 Douglas-fir 23 23 no apparent defects or limitations 9 Douglas-fir 19 19 no apparent defects or limitations 10 Douglas-fir 24 24 no apparent defects or limitations 12 bi leaf maple 13 13 dieback, characteristic of verticillium wilt disease 13 bi leaf maple 15 15 no apparent defects or limitations 14 Douglas-fir 24 24 no apparent defects or limitations 15 bi leaf maple 16 16 no apparent defects or limitations 16 Dou las-fir 26 26 no apparent defects or limitations 17 Dou las-fir 27 27 no apparent defects or limitations 18 Dou las-fir 24 24 no apparent defects or limitations 19 Douglas-fir 27 27 no apparent defects or limitations 20 Douglas-fir 22 22 no apparent defects or limitations 21 Douglas-fir 29 29 no apparent defects or limitations 26 bi leaf maple 20 20 no apparent defects or limitations 27 Dou las-fir 24 24 no apparent defects or limitations 28 Douglas-fir 25 25 no apparent defects or limitations 30 Douglas-fir 30 30 no apparent defects or limitations 35 bi leaf maple 17 17 no apparent defects or limitations 36 Dou las-fir 15 15 no apparent defects or limitations 37 bi leaf maple 19 19 hazardous due to decay 38 bi leaf maple 16 16 hazardous due to decay 41 Douglas-fir 23 23 no apparent defects or limitations 42 Douglas-fir 25, 25 no apparent defects or limitations 43 bi leaf maple 16 16 can't locate 44 bi leaf maple 14 14 no apparent defects or limitations 45 Douglas-fir 38 38 no apparent defects or limitations 47 bi leaf maple 13 13 no apparent defects or limitations 50 bi leaf maple 12.4 12 no apparent defects or limitations 52 bi leaf maple 17 17 hazardous due to decay 53 bi leaf maple 19 19 dieback, characteristic of verticillium wilt disease 55 bi leaf maple 23 23 no apparent defects or limitations 57 bi leaf maple 16 16 hazardous due to decay 59 bi leaf maple 19 19 dieback, characteristic of verticillium wilt disease whk 60 bi leaf maple 18 18 dieback, characteristic of verticillium wilt disease whk 66 Douglas-fir 15 15 no apparent defects or limitations 67 Douglas-fir 30 30 no apparent defects or limitations 68 Douglas-fir 34 34 no apparent defects or limitations 70 Dou las-fir 18 18 no apparent defects or limitations 71 Dou las-fir 23 23 no apparent defects or limitations 72 Douglas-fir 25 25 no apparent defects or limitations 77 Dou las-fir 18 18 no apparent defects or limitations 79 Douglas-fir 14 14 mechanical damage to bole 83 Douglas-fir 13 13 no apparent defects or limitations 86 Dou las-fir 15 15 hazard due to excessive sweep 87 Douglas-fir 20 20 no apparent defects or limitations 89 Douglas-fir 15 15 no apparent defects or limitations 90 Douglas-fir 12.4 12 no apparent defects or limitations 92 Douglas-fir 23 23 no apparent defects or limitations 95 Dou ias-fir 20 20 no apparent defects or limitations 97 Dou las-fir 22 22 no apparent defects or limitations 98 Douglas-fir 15 15 no apparent defects or limitations 102 Douglas-fir 21 21 no apparent defects or limitations 104 Douglas-fir 12.5 12 no apparent defects or limitations 106 Dou las-fir 14 14 no apparent defects or limitations 108 bi leaf maple 15 15 no apparent defects or limitations 109 bi leaf maple 12.5 12 no apparent defects or limitations 130 bi leaf maple 16 16 dangerous crotch at 3 ft.; deadwood 131 Douglas-fir 18 18 no apparent defects or limitations 132 bi leaf maple 13 13 dieback, characteristic of verticillium wilt disease 133 bi leaf maple 17 17 no apparent defects or limitations 136 bi leaf maple 16 16 dead or dying 137 b i leaf maple 13 13 dieback, characteristic of verticillium wilt disease 139 b i leaf maple 18 18 bad crotch; suspect root disease. Shares roots with dead tree Leiser Park Mitigation Reanalysis. • Page 2 of 4 7/3/2003 Knapp0134 Leiser-Reanalysis.xls Tag # Species DBH DDDD Leave Cut Description 140 bi leaf maple 23 23 dead or dying 141 bi leaf maple 13 13 no apparent defects or limitations 147 bi leaf maple 13 13 no apparent defects or limitations %S 148 bi leaf maple 13 13 hazardous due to decay 152 bi leaf maple 13 13 hazardous; multiple weak crotches at 3 ft. 156 Dou las-fir 20 20 no apparent defects or limitations 168 Douglas-fir 13 13 no apparent defects or limitations 169 Douglas-fir 14 14 no apparent defects or limitations 172 bi leaf maple 15 15 hazardous due to decay 176 bi leaf maple 13 13 hazardous due to decay 177 bi leaf maple 13 13 undermined roots; bad crotch at 3 ft. 179 bi leaf maple 15 15 no apparent defects or limitations 180 bi leaf maple 16 16 bad crotch at 3 ft. 184 bi leaf maple 15 15 no apparent defects or limitations 190 bi leaf maple 13 13 hazardous due to decay 198 bi leaf maple 15 15 hazardous due to decay 199 bi leaf ma le 13 13 hazardous due to decay 200 bi leaf maple 15 15 hazardous due to decay 201 bi leaf maple 14 14 dieback, characteristic of verticillium wilt disease 202 bi leaf maple 17 17 hazardous due to decay 203 bi leaf maple 18 18 hazardous due to decay 204 Dou las-fir 21 21 broken 205 Douglas-fir 20 20 no apparent defects or limitations 206 Douglas-fir 22 22 broken 207 bi leaf maple 18 18 no apparent defects or limitations 208 bi leaf maple 13 13 hazardous due to decay 209 bi leaf maple 14 14 bad fork with seam at 3 ft. 210 bi leaf maple 14 14 hazardous due to decay 211 Douglas-fir 26 26 no apparent defects or limitations 212 bi leaf maple 13 13 hazardous due to decay 214 bi leaf maple 14 14 hazardous due to decay 215 bi leaf maple 24 24 hazardous due to decay 217 Dou las-fir 21 21 no apparent defects or limitations 218 Dou las-fir 23 23 no apparent defects or limitations 219 Dou las-fir 33 33 no apparent defects or limitations 219-1 bi leaf maple 24 24 broken 220 Douglas-fir 32 32 no apparent defects or limitations 221 bi leaf maple 13 13 hazardous due to decay 222 bi leaf maple 15 15 hazardous due to decay 223 Douglas-fir 26 26 no apparent defects or limitations 225 bi leaf maple 14 14 dead or dying 227 bi leaf maple 17 17 broken 228 bi leaf maple 13 13 no apparent defects or limitations 229 bi leaf maple 15 15 hazard due to excessive sweep 230 bi leaf ma le 18 18 excessive deadwood diseased condition 236 Dou las-fir 17 17 no apparent defects or limitations 239 Douglas-fir 19 19 no apparent defects or limitations 240 bi leaf maple 12.3 12 no apparent defects or limitations 242 bi leaf maple 18 18 hazard due to excessive lean 243 bi leaf maple 14 14 bad crotch at 3 ft. 244 bi leaf maple 24 24 hazard due to excessive lean 252 bi leaf maple 13 13 suckers off a rotten stump 256 bi leaf maple 18 18 hazardous due to decay 256 thru 256-4 single rootsystem) 257 bi leaf maple 16 16 no apparent defects or limitations 260 bi leaf maple 19 19 no apparent defects or limitations 261 bi leaf maple 12.4 12 no apparent defects or limitations 266 bi leaf maple 13 13 no apparent defects or limitations 272 bi leaf maple 18 18 decay at stump whk 273 bi leaf maple 21 21 dangerous fork at 3 ft. 275 bi leaf maple 14 14 suckers off a rotten stump 276 bi leaf maple 23 23 no apparent defects or limitations 277 bi leaf maple 21 21 hazardous due to decay 278 bi leaf maple 16 16 dieback, characteristic of verticillium wilt disease 279 b i leaf maple 18 18 dead or d in Leiser Park Mitigation Reanalysis. • Page 3 of 4 7/3/2003 Knapp0134 Leiser- Reanalysis. xls Tag # Species DBH DDDD Leave Cut Description 287 bi leaf maple 13 13 mechanical damage to bole 287-1 bi leaf maple 15 15 mechanical damage to bole 292 Douglas-fir 13 13 no apparent defects or limitations 294 bi leaf maple 13 13 hazardous due to excessive sweep and lean 302 bi leaf maple 14 14 Armillaria root disease 302 thru 302-3, single root system) 303 bi leaf maple 17 17 canker, seam 304 bi leaf maple 18 18 tree is uprooting 305 bi leaf maple 25 25 hazardous due to decay 306 bi leaf maple 14 14 hazardous due to excessive sweep and lean 308 bi leaf maple 20 20 no apparent defects or limitations whk 309 bi leaf maple 15 15 hazardous due to weak architecture, butt 316 bi leaf maple 19 19 no apparent defects or limitations 318 bi leaf maple 14 14 hazardous due to decay 364 Douglas-fir 14 14 no apparent defects or limitations 2021 Douglas-fir 24 24 dead or dying 2033 Dou las-fir 33 33 no apparent defects or limitations 2034 Dou las-fir 20 20 no apparent defects or limitations 2035 Douglas-fir 25 25 no apparent defects or limitations 2036 Dou las-fir 25 25 no apparent defects or limitations 2037 Douglas-fir 22 22 no apparent defects or limitations Mitigation Summa Number of trees >12 Inches (including ROW trees): 156 Number of Healthy Cut Trees >12 inches: 74 % Healthy Cut Trees / TOTAL 47% City of Tigard Mitigation: 50% Number of inches cut: 1463 Number of inches to mitigate: 731.5 Number of 2-inch trees: 366 Trees Excluded: ROW due to construction of 79th and Aist to City Standards Tag # Species DBH DDDD Leave Cut Description 1 Dou las-fir 20 20 no apparent defects or limitations 2 bi leaf maple 24 24 no apparent defects or limitations 3 Douglas-fir 17 17 no apparent defects or limitations 23 bi leaf maple 15 15 no apparent defects or limitations 24 Douglas-fir 19 19 no apparent defects or limitations 25 Douglas-fir 16 16 no apparent defects or limitations 307 bi leaf maple 20 20 deadwood, diseased condition, excessive elan 315 bi leaf ma le 12.2 12 fell over already 11111 m m m m r I - (}~(y]y,( % CNmaNNNNNN+ `++++++,0 m014N+ cnaU+010mVTU1+UN0 T'•~ V VV V014M010101 U1U G,NO VIaJ1~4N=0UOV01 {Uj1 `•a 00 N+OmVmcnp lOV y 4 4 4 U 4 4 U 0 0 0 O O p b O p m m pp m VV bV0144 N+ m aNm VU1NOtOVm410V (~~(y\ N NNNNN+- + - ~~W BiTEEM l~mcV•ImVNVmOm m~NulmiV a-O (N(/J~~ N N N N N NI, NI~,, ( N(,,, N N N N N N N N NNN_N_N_N_pNp O No Y OINj UN0 U0101010m V U1 4N N 0b10Ua N010d ~,,1 {{,,,,U0y, 4{00 I NNNN 0 0000mm V V V V V V V01m01N .1y VOON 4NNNa Nj V10m V01U4 Nm+pV L. N~N/1 ~N1N~NIN NNNNNlwU4Ufp4 D 010I 1U0140((,.,1 0{(~~,{{0,~0yy,,N I 01 Oafm01 U1 Coo - I V01 N1♦{p+ • 4 N + _ 1 W • f 1 0 1 ti N ~ N N N mV+00 V V U1 v 0 -4 X 1 'n 00 , 7 I - 1 - 1 • 1 ~ I 1 yy ~ ~I d L 1 1 "I ~I 1 y` t~ 1 3 _ w i t-t. 1 3 I 1 • 1 1 I r 1 6 ' IV CJ I 1 s~ny 1~ 1 / U: 3~ v f 1 -.per. 1 x \ - I I c. U u l l I I I o ~ l m I I I 1 1 1 I I I I 1 ^ y/ m rrt Ow -o .gym OW ' m 25 N m 25 N v a v as m m t5 t5 fi -0 v p~ A Z a 0 p IA R:4 T t I O ~ 1 , i ,i ~ 9 r ti L 0, p.e~ ~ . ~ j 01 Q { 11 A. ° U M 0. MAc ' MAm 1 ~ ° ~ R A z g z m o N ~ 1 AA g A E m g g g 20 o m y m A A A yy ~jI v !m'1 A ~A 1~n A r m z W W SR D sl n uc V'Gw fwnc - PLAmis c - su ic"M 8196 SIN HALL BLVD., STE. 232 BEAVERTON, OR 97008 PHONE: (503) 459-1213 FAX: (503) 459-8553 YKUJ NU . TREE REMOVAL MAT 001 CASE FILE NO. PAW 'Y I 14665 SW 79TH AVE PLAN TIGARD, OREGON TREE MATRIX DEVELOPMENT CORP. PORTLAND, OR A DATE NO. DESCRIPTION BY 3 28 03 1 PER CITY COMMENT SCR *Phl- 6/30/03 2 REVISED TREE REMOVAL TJM J& t• DESIGNED: SR DATE: 1 1103 SHEET OF C. DRAWN: SR FILE: C4 EXPIRES 12-31 2 CHECKED: XREF: APPROVED: 2SI12BDO2800 / ATTACHMENT 3 KENNETH M PETERSON 7978 SW MARA CT TIGARD, OR 97224-7353 503-603-9395 L, Morgan Tracy, AICP City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 ti tea- a~x61~ r fi t'.E'i'nl~ GINl E81NO 14 July 2003 Dear Mr Tracy, I wish to express my concern about two issues concerning the development of the Leisier Park Subdivision: (1) I strongly object to the first item in the Memorandum of 17 June, particularly the wording and replaced with alternate language giving deference to the project arborist versus the City Forester regarding the placement of tree protection fencing." [Italics mine.] The "project arborist" would seem to be a commissioned expert paid by the developer who has an interest in presenting conclusions that favor the developer's interest. The City Forester is presumably charged with arguing for the City's rules and regulations regarding tree protection. At the very least, compromise or agreement between these two should be the goal, and any "deference" should be to the City Forester, who represents the interests of Tigard and its residents. (2) The method of tree-marking is deeply flawed, as the markings can be easily changed in the direction of tree destruction by a passer-by. It appears that trees were originally marked for cutting by a blue paint stripe encircling the trunk. An attached tag of orange plastic (wrapped orange strip or one simply tacked to the tree) indicates the tree is to be preserved. However, this forest is frequented by both young kids, probably age 8-12, who "hang out" there without causing much disturbance. In addition, these woods have this spring been used as a "war games" venue for a group of young men with headlamps for night use and guns that fire projectiles, probably paintballs. Those "night games" have now stopped, but the point is that anyone for any reason can reach up and grab one of the plastic strips off a tree, canceling its being spared from cutting. Worse, some of the trees are marked both ways: There is both a blue stripe and an orange tag. Is there any doubt what happens if an orange tag is removed? I strongly suggest that the tree marking be audited (field-checked) shortly before cutting is to begin by an agent of the City. Those tags have been up there for months and could easily have been tampered with. At the very least, I would like to have available a final listing of the preserved tree numbers so I and my neighbors can personally audit the markings before cutting begins. Sincerely, 0*b~D Kenneth M Peterson • Arboriculture and Forest Pathology Peter R. Torres Curriculum Vitae Peter Torres began his career in arboriculture as a Massachusetts Certified arborist in 1979. As a working arborist in New England, the Southwest, the West Coast, and currently, over ten years in the Pacific Northwest, he has become familiar with most of the tree species populating the urban and the wild environments. Currently the president of Multnomah Tree Experts, Ltd., Peter has been based in the Portland, Oregon area since 1992. His clients include cities as far away as Grants Pass, many construction and development companies, Multnomah County, Metro, and a constant stream of private property owners. Mr. Torres is a certified arborist with the International Society of Arboriculture (PN-0650.) Seeking further knowledge, he earned his Master's degree in the Department of Forest Science at Oregon State University in 1997, where he concentrated in forest pathology. Shortly thereafter, he qualified as a Registered Consulting Arborist (No. 372) with the American Society of Consulting Arborists. Continuing education is an ongoing process, both for the love of the subject matter, and to maintain the various certifications. Education and Certifications ► Baccalaureate from Colby College, Waterville, Maine, with distinction in philosophy ► Master of Forestry, Oregon State University, Corvallis, Oregon ► ISA Certified Arborist (PN-0650) ► ASCA Registered Consulting Arborist, No. 372 ► Registered Yoga Teacher with the Yoga Alliance, 500 hour level torrespt@aracnet.com 8325 SW 42nd Ave., Portland, OR 97219 (503) 452-8160 Leiser Park June 17, 2003 Arborist Report for Leiser Park On June 16, 2003, I spent the day in Leiser Park to observe and evaluate the tree conditions there. I used a tree survey map and data from the documents, Tree Removal Leiser Park, dated 3/28/03, and Tree Assessment Using Multi-stems Average Method, dated 3/30/03. I classified trees into two categories: trees that could be reasonably preserved during and after development, and trees that were not suitable for preservation. I have included the results on a spreadsheet with the title, Leiser Park Tree Evaluation, 6/17/03. The deciduous tree population at this site is preponderantly big leaf maple, with scattered alder, cherry, and other species at the east end. The northeast quadrant is heavy in Douglas-fir. The east half of the property is in generally good condition, with some problematic trees. The west half has some good conifers and a few viable hardwoods, but is overwhelmingly covered with decrepit big leaf maple trees. The big leaf maple trees are characteristically full of tight, narrow angle crotches with seams. There is ubiquitous basal decay, some of which is definitely caused by Armillaria fungus. Many of the butts and lower boles have been damaged, apparently by logging equipment. There is ample evidence of verticillium wilt disease, a common affliction in bigleaf maple especially after the soil has been compacted around them. This woodlot is full of hazard trees, including many that have fallen, and quite a few trees that are currently hung up in other trees. There is a lot of large deadwood aloft, and many weak crotches, some with decay, both in the crowns and within several feet of the ground. Between 3/28/2003 and my visit on 6/17/2003, at least one large tree has uprooted, and at least one is actively in the process of uprooting right now. When thin-barked trees like bigleaf maple and alder are exposed to the sun, if they did not naturally grow in this state from saplings, it is likely that the bark will be burned by the sun on the south side. This is a likely result of removing surrounding trees. If trees have been covered by ivy, bark that developed beneath the ivy can be burned by the sun upon ivy removal. This sunburned bark dies, and the wood under it dies and begins to decay. The tree becomes a hazard. This is something to keep in mind. Rampant blackberry cover makes travel and inspection very difficult throughout this area. Worse, the west half of the property is heavily infested with English ivy, which makes visual inspection tenuous. I am certain that many current and potential defects have been missed due to these infestations, both at ground level, and aloft. Whatever happens at this site, whether a tree is being cut down or preserved, the lower trunk and basal area of every tree should eventually be given a more intensive inspection by stripping away noxious vegetation. Reclassification to hazard tree or nonviable tree should be made where appropriate. I was asked to.make one inspection aloft, in tree No. 305, a bigleaf maple. There is an old pruning wound at approximately 15 ft. above grade. The dimensions of this wound are approximately 17 by 12 inches. There are three cavities in the pruning wound, and these are not visible from the ground. They are about 3 inches, 3 inches, and 2 inches in diameter. Below the pruning wound there is a cavity which is visible from the ground. • I drilled into the tree through the pruning wound. I found that the wood is decayed for the first 8 inches. Then I hit sound wood. I drilled into the tree through the lower cavity, and penetrated 7 inches of decayed wood, and then a cavity. At a point 14 inches above the pruning wound, I found sound wood for the length of my For Matrix Development Corp. Page 1 Leiser Park June 17, 2003 drill bit. • Fourteen inches below the pruning wound, I found 7 inches of sound wood, and then decay. I conclude that the wood has been decayed by fungi entering through the pruning wound, which has very little wound wood or callus growth. The decay is working towards the center of the tree, and probably has reached the center. The decay is being contained in the upward direction, but containment is poor in the downward direction. I consider this tree to be a hazard tree, because it is much more likely to fail than the background failure rate of reasonably healthy trees. Peter Torres, M.F. For Matrix Development Corp. Page 2 • Walter H. Knapp Silviculture and Urban Forestry Walter H. Knapp Curriculum Vitae Mr. Knapp's professional experience spans more than 40 years. For the past 11 years, he has worked as a consultant in silviculture, forest ecology, and arboriculture. His clients have included 5 cities, Port of Portland, Oregon Parks and Recreation Department, Oregon Department of Transportation, and a wide variety of individuals, homeowners associations, and land development companies in the private sector. He has represented clients as an expert witness. Prior to entering the private consulting arena, he completed a full career with the USDA Forest Service, retiring as Regional Silviculturist for the Pacific Northwest Region, with experience in all of the major forest ecotypes of the Pacific Northwest. Mr. Knapp holds certifications as a silviculturist (USDA Forest Service), forester (Society of American Foresters - SAF), and arborist (International Society of Arboriculture). He is past national chairman of the SAF Silviculture Working Group. Mr. Knapp has authored or co-authored numerous publications, including those in refereed journals. He has been a speaker at many professional conferences and has lectured in silviculture at Oregon State University College of Forestry. His professional practice includes arboriculture as well as urban forestry and silviculture. Education and Certifications • M.S., Forest Resource Management, University of Idaho • B.S., Forestry, Pennsylvania State University • CEFES. Graduate studies in forest ecology and silviculture at three Pacific Northwest universities. • American Society of Consulting Arborists (ASCA) Consulting Academy • Certified Forester, SAF 406 • Certified Arborist, ISA PN-0497 7615 SW Dunsmuir Lane, Beaverton, OR 97007 Phone/Fax: (503) 646-4349 • • Leiser Park June 17, 2003 Arborist Report for Leiser Park On June 16, 2003, I spent the day in Leiser Park to observe and evaluate the tree conditions there. I used a tree survey map and data from the documents, Tree Removal Leiser Park, dated 3/28/03, and Tree Assessment Using Multi-stems Average Method, dated 3/30/03. 1 classified trees into two categories: trees that could be reasonably preserved during and after development, and trees that were not suitable for preservation. I have included the results on a spreadsheet with the title, Leiser Park Tree Evaluation, 6/17/03. The deciduous tree population at this site is preponderantly big leaf maple, with scattered alder, cherry, and other species at the east end. The northeast quadrant is heavy in Douglas-fir. The east half of the property is in generally good condition, with some problematic trees. The west half has some good conifers and a few viable hardwoods, but is overwhelmingly covered with decrepit big leaf maple trees. The big leaf maple trees are characteristically full of tight, narrow angle crotches with seams. There is ubiquitous basal decay, some of which is definitely caused by Armillaria fungus. Many of the butts and lower boles have been damaged, apparently by logging equipment. There is ample evidence of verticillium wilt disease, a common affliction in bigleaf maple especially after the soil has been compacted around them. This woodlot is full of hazard trees, including many that have fallen, and quite a few trees that are currently hung up in other trees. There is a lot of large deadwood aloft, and many weak crotches, some with decay, both in the crowns and within several feet of the ground. Between 3/28/2003 and my visit on 6/17/2003, at least one large tree has uprooted, and at least one is actively in the process of uprooting right now. When thin-barked trees like bigleaf maple and alder are exposed to the sun, if they did not naturally grow in this state from saplings, it is likely that the bark will be burned by the sun on the south side. This is a likely result of removing surrounding trees. If trees have been covered by ivy, bark that developed beneath the ivy can be burned by the sun upon ivy removal. This sunburned bark dies, and the wood under it dies and begins to decay. The tree becomes a hazard. This is something to keep in mind. Rampant blackberry cover makes travel and inspection very difficult throughout this area. Worse, the west half of the property is heavily infested with English ivy, which makes visual inspection tenuous. I am certain that many current and potential defects have been missed due to these infestations, both at ground level, and aloft. Whatever happens at this site, whether a tree is being cut down or preserved, the lower trunk and basal area of every tree should eventually be given a more intensive inspection by stripping away noxious vegetation. Reclassification to hazard tree or nonviable tree should be made where appropriate. I was asked to make one inspection aloft, in tree No. 305, a bigleaf maple. There is an old pruning wound at approximately 15 ft. above grade. The dimensions of this wound are approximately 17 by 12 inches. There are three cavities in the pruning wound, and these are not visible from the ground. They are about 3 inches, 3 inches, and 2 inches in diameter. Below the pruning wound there is a cavity which is visible from the ground. • I drilled into the tree through the pruning wound. I found that the wood is decayed for the first 8 inches. Then I hit sound wood. I drilled into the tree through the lower cavity, and penetrated 7 inches of decayed wood, and then a cavity. At a point 14 inches above the pruning wound, I found sound wood for the length of my For Matrix Development Corp. Page 1 • • Leiser Park June 17, 2003 drill bit. • Fourteen inches below the pruning wound, I found 7 inches of sound wood, and then decay. I conclude that the wood has been decayed by fungi entering through the pruning wound, which has very little wound wood or callus growth. The decay is working towards the center of the tree, and probably has reached the center. The decay is being contained in the upward direction, but containment is poor in the downward direction. I consider this tree to be a hazard tree, because it is much more likely to fail than the background failure rate of reasonably healthy trees. Peter Torres, M.F. For Matrix Development Corp. Page 2 Leiser Park Mitigation Reanalysis. Page 1 of 3 - 6/23/2003 Knapp0134 Leiser-Reanalysis.xls Iqw Tag # Species DBH DDDD Leave Cut Description 6 Dou las-fir 17 17 no apparent defects or limitations 8 . Dou las-fir 23 23 no apparent defects or limitations 9 Dou las-fir 19 19 no apparent defects or limitations 10 Douglas-fir 24 24 no apparent defects or limitations 14 Dou las-fir 24 24 no apparent defects or limitations 16 Douglas-fir 26 26 no apparent defects or limitations 17 Douglas-fir 27 27 no apparent defects or limitations 18 Dou las-fir 24 24 no apparent defects or limitations 19 Dou las-fir 27 27 no apparent defects or limitations 20 Dou las-fir 22 22 no apparent defects or limitations 21 Douglas-fir 29 29 no apparent defects or limitations 26 bi leaf maple 20 20 no apparent defects or limitations 27 Dou las-fir 24 24 no apparent defects or limitations 28 Douglas-fir 25 25 no apparent defects or limitations 30 Dou las-fir 30 30 no apparent defects or limitations 35 bi leaf maple 17 17 no a arent defects or limitations 36 Dou las-fir 15 15 no apparent defects or limitations 37 bi leaf maple 19 19 hazardous due to decay 38 bi leaf maple 16 16 hazardous due to decay 44 bi leaf maple 14 14 no apparent defects or limitations 45 Dou las-fir 38 38 no apparent defects or limitations 52 bi leaf maple 17 17 hazardous due to decay 53 bi leaf maple 19 19 dieback, characteristic of verticillium wilt disease 57 bi leaf maple 16 16 hazardous due to decay 59 bi leaf maple 19 19 dieback, characteristic of verticillium wilt disease whk 60 bi leaf maple 18 18 dieback, characteristic of verticillium wilt disease whk 68 Douglas-fir 34 34 no apparent defects or limitations 70 Dou las-fir 18 18 no apparent defects or limitations 71 Dou las-fir 23 23 no apparent defects or limitations 77 Dou las-fir 18 18 no apparent defects or limitations 79 Dou las-fir 14 14 mechanical damage to bole 83 Douglas-fir 13 13 no apparent defects or limitations 86 Dou las-fir 15 15 hazard due to excessive sweep 87 Dou las-fir 20 20 no apparent defects or limitations 92 Dou las-fir 23 23 no apparent defects or limitations 102 Douglas-fir 21 21 no apparent defects or limitations 106 Dou las-fir 14 14 no apparent defects or limitations 108 bi leaf maple 15 15 no apparent defects or limitations 130 bi leaf maple 16 16 dan erous crotch at 3 ft.; deadwood 131 Dou las-fir 18 18 no apparent defects or limitations 132 bi leaf maple 13 13 dieback, characteristic of verticillium wilt disease 133 bi leaf maple 17 17 no apparent defects or limitations 136 bi leaf maple 16 16 dead or d in 137 bi leaf maple 13 13 dieback, characteristic of verticillium wilt disease 139 bi leaf maple 18 18 bad crotch; suspect root disease. Shares roots with dead tree 140 bi leaf maple 23 23 dead or dying 141 bi leaf maple 13 13 no apparent defects or limitations 147 bi leaf maple 13 13 no apparent defects or limitations 148 bi leaf maple 13 13 hazardous due to decay 152 bi leaf maple 13 13 hazardous; multiple weak crotches at 3 ft. 168 Dou las-fir 13 13 no apparent defects or limitations 169 Dou las-fir 14 14 no apparent defects or limitations 172 bi leaf maple 15 15 hazardous due to decay 176 bi leaf maple 13 13 hazardous due to decay 177 bi leaf maple 13 13 undermined roots; bad crotch at 3 ft. 179 bi leaf maple 15 15 no apparent defects or limitations 180 bi leaf maple 16 16 bad crotch at 3 ft. 184 bi leaf maple 15 15 no apparent defects or limitations 190 bi leaf maple 13 13 hazardous due to decay 198 bi leaf maple 15 15 hazardous due to decay 199 bi leaf maple 13 13 hazardous due to decay 200 bi leaf maple 15 15 hazardous due to decay 201 bi leaf maple 14 14 dieback, characteristic of verticillium wilt disease 202 Douglas-fir 17 17 hazardous due to decay Leiser Park Mitigation Reanalysis. Page 2 of 3 - 6/23/2003 Knapp0134 Leiser-Reanalysis.xls Tag # Species DBH DDDD Leave Cut Description 203 bi leaf maple 18 18 hazardous due to decay 204 Dou las-fir 21 21 broken 205 Douglas-fir 20 20 no apparent defects or limitations 206 Douglas-fir 22 22 broken 207 bi leaf maple 18 18 no apparent defects or limitations 208 bi leaf maple 13 13 hazardous due to decay 209 bi leaf maple 14 14 bad fork with seam at 3 ft. 210 bi leaf maple 14 14 hazardous due to decay 211 Dou las-fir 26 26 no apparent defects or limitations 212 bi leaf maple 13 13 hazardous due to decay 214 bi leaf maple 14 14 hazardous due to decay 217 Dou las-fir 21 21 no apparent defects or limitations 218 Douglas-fir 23 23 no apparent defects or limitations 219 Dou las-fir 33 33 no apparent defects or limitations 220 Dou las-fir 32 32 no apparent defects or limitations 221 bi leaf maple 13 13 hazardous due to decay 222 bi leaf maple 15 15 hazardous due to decay 223 Douglas-fir 26 26 no apparent defects or limitations 225 bi leaf maple 14 14 dead or dying 227 bi leaf maple 17 17 broken 228 bi leaf maple 13 13 no apparent defects or limitations 229 bi leaf maple 15 15 hazard due to excessive sweep 230 bi leaf maple 18 18 excessive deadwood diseased condition 236 Dou las-fir 17 17 no apparent defects or limitations 239 Dou las-fir 19 19 no apparent defects or limitations 242 bi leaf maple 18 18 hazard due to excessive lean 243 bi leaf maple 14 14 bad crotch at 3 ft. 244 bi leaf maple 24 24 hazard due to excessive lean 252 bi leaf maple 13 13 suckers off a rotten stump 256 bi leaf maple 18 18 hazardous due to decay 257 bi leaf maple 16 16 no apparent defects or limitations 260 bi leaf maple 19 19 no apparent defects or limitations 266 bi leaf maple 13 13 no apparent defects or limitations 272 bi leaf maple 18 18 decay at stump whk 273 bi leaf maple 21 21 .dangerous fork at 3 ft. 275 bi leaf maple 14 14 suckers off a rotten stump 276 bi leaf maple 23 23 no apparent defects or limitations 277 bi leaf maple 21 21 hazardous due to decay 278 bi leaf maple 16 16 dieback, characteristic of verticillium wilt disease 279 bi leaf maple 18 18 dead or dying 287 bi leaf maple 13 13 mechanical damage to bole 292 Douglas-fir 13 13 no apparent defects or limitations 294 bi leaf maple 13 13 hazardous due to excessive sweep and lean 302 bi leaf maple 14 14 Armillaria root disease 303 bi leaf maple 17 17 canker, seam 304 bi leaf maple 18 18 tree is uprooting 305 bi leaf maple 25 25 hazardous due to decay 306 bi leaf maple 14 14 hazardous due to excessive sweep and lean 308 bi leaf maple 20 20 no apparent defects or limitations whk 309 bi leaf maple 15 15 hazardous due to weak architecture, butt 316 bi leaf maple 19 19 no apparent defects or limitations 318 bi leaf maple 14 14 hazardous due to decay 364 Douglas-fir 14 14 no apparent defects or limitations 2021 Douglas-fir 24 24 dead or d in 2033 Dou las-fir 33 33 no apparent defects or limitations 2034 Dou las-fir 20 20 no apparent defects or limitations 2035 Douglas-fir 25 25 no apparent defects or limitations 2036 Douglas-fir 25 25 no apparent defects or limitations 2037 Douglas-fir 22 22 no apparent defects or limitations Mitigation Summary Number of trees >12 Inches: 123 Number of DDDD and Leave Trees >12 inches: 80 % trees DDDD & Leave >12 inches: 65% .I:k Leiser Park Mitigation Reanalysis Page of 3 . 6/23/2003 Knapp0134 Leiser-Res Ta # S ecies DBH DDDD Leave Cut Descri tion City of Tigard Mitigation: 50% Number of inches cut: 849 Number of inches to mitigate: 425 Number of 2-inch trees: 212 Ti- 1 0 S.W. 81ST y AVE. =p_~ 1$+D 10 00 gyp ' . 14 +00 . ~ - ' 1--- -i W, .'"x.....""11 . - _ _ =-ti'rr- - - T Lk I C) -•.r I 1 1 t I - -11 z l Nt I 1) 14 fr I ` 0 } f 1 m \ VII t 1 ~ Q\ ~ ~ • - I o , X r, . 1+ 11 b I t ` t orn Y b - } 1 s w, 80 A -fie a 5~- w 10 j r--_. _ N00'46'54'E 84.37' z 11 ~ o n o a b / 1 A DATE NO. DESCRIPTION TREE EXHIBIT ° Pa Ike / A PRO CT NO• ~ e MAT041 LEIS PARK SR Design LLC CASE FILE NO. 14665 SW 79TH AVE G s DESIGNED: rJAI DRAWN: rJn DnTE: 1 21 O3 SHI FILE: X sw~rnNC ErmHEEawc ilArau+Q - OREGON TIGARD. C. EXPIRES 12-31- CHECKED: rpPROVEO: XREF: E LEGAL: 8196 SW HALL BLVD., STE. 232 97008 PLAN EXHIBIT MATRIX DEVELOPMENT CORP. PORTLAND, OR BEAVERTON, OR .....)ter. /RAI) 469-1213 FAX: (503) 469-6553 _ 1 ~ .4 -7 1 > t e I I in O•~. ~ tl z d 00 0 r ` I;I o V ~ t I 1 i \ ' ; 1 1 1 O I t ~ ~ { - - ` 00 1~7' a_ 79TH AVE. !r i "EXHIBIT C" WRITTEN TESTIMONY (Applicant's materials and pertinent correspondence filed with Hearings Officer prior to Public Hearing.) M • • CITY OF TIGARD Community (Development Shaping ,A Better Community MEMORANDUM CITY OF TIGARD, OREGON 13125 SW Hall Boulevard Tigard, Oregon 97223 (503) 639-4171 Fax 684-7297 TO: Larry Epstein, City of Tigard Hearings Officer FROM: Morgan Tracy, Associate Planner DATE: June 17, 2003 SUBJECT: "FINALIZED MEMO" for Leiser Park Subdivision (SUB 2002-00010) Appeal The applicant, Craig Brown of the Matrix Development Corporation, has filed an appeal with the City of Tigard in regard to the approval of the aforementioned subdivision. The appellant has requested your review of the City's approval based on the imposition of several conditions of the approval as enumerated in his letter of appeal received May 27, 2003. The issues generally concern tree protection standards, tree mitigation, street improvements, the. requirement that construction plans show driveway aprons, and that the applicant file an acknowledgement agreeing to comply with the sign ordinance. The subject site is located on south of SW Bonita Road, between SW 79th and 81St Avenues within the R-4.5 residential zone. The Notice of Decision and record is attached for your review. The appellant argues that Condition 6 should be removed and replaced with alternate language giving deference to the project arborist versus the City Forester regarding the placement of tree protection fencing. The CiN's position is as follows: Concfitinnistat_PC St hI mit c_nnstrurtinn drnwinns that _in_dirate the trees to he retained and the proposed location of tree protection fencing. Generally this fencing shall be established at the trees' driplines, unless specific circumstances warrant deviation from this standard. Any deviation must be approved by the City Forester. Prior to commencing any site work, the applicant shall install tree protection fencing around the trees to be retained as shown on the approved construction drawings. The City Forester shall verify that measures have been properly installed before any construction activity occurs. Refer to the City Forester's comments at the end of this decision for specific tree protection guidelines." 6/23/2003 Public Hearing - Memo to the Hearings Officer Page 1 of 4 RE: SUB2002-00010/1-eiser Park Subdivision Appeal R • 1.4 This condition was imposed based on comments from the City's Forester, as well as the applicant's proposed tree protection guidelines prepared by his arborist which state: "The arborist/urban forester shall designate the Tree Protection Zone (TPZ). Where feasible, the TPZ shall be established at the dripline of the tree or grove as a minimum. If infrastructure (roads, sidewalks, and utilities) must be installed closer to the tree(s), the TPZ may be established within the dripline if the arborist/urban forester determine that the tree(s) will not be unduly damaged." The appellant argues that the condition should be written "The tree protection fencing shall be placed under the direction of the project arborist." Based on the applicant's tree protection plan, the City believes that if revised, the condition should read: "Submit construction drawings that indicate the trees to be retained and the proposed location of tree protection fencing. Tree protection fencing shall be placed in accordance with the tree protection plan. Fencing can only be removed with the approval of the City Forester, who may require that said fencing be reinstalled per the approved construction plans." The appellant argues that Conditions 40 and 41 fail to account for the proposed mitigation, and that Condition 40 should not be applicable until the amount of mitigation has been exceeded. The City's position is as follows: Condition 0 reads "The applicant shall acknowledge in writing his acceptance of the following requirement: If the tree protection guidelines are not followed, moved after being approved in the field, knocked down during construction, or are removed prior to the end of construction then: A. The project will be immediately shut down until the fencing is reinstalled according to the conditions of approval, 8. Each impacted tree may be required to be bonded for seven years in the amount of up to $5,000 per tree, based on the estimated cost of removal and replacement of the impacted tree; C. Corrective action, including but not limited to loosening compacted soil, replacing graded soils, or removing filled soil, shall be undertaken by the applicant to address the damage done in the critical root zone of each tree; and D. A tine of $250 per day shall be assessed to the applicant following written notification of the violation, until such time that the tree protection measures are reinstated." The City will remove sub items B, C, and D. However, the applicant shall note that the full penalties as provided for in the Tree Removal Chapter 18.790.060 will be utilized: "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." [emphasis added] Staff believes that this standard provides less certainty for the applicant in terms of potential costs for damaged trees, but agrees that the measures outlined in the previous condition were not explicitly provided for in the code language. Additionally, these measures will have to be imposed through civil court proceedings, which may result in further project delays, depending on the severity of the violation. 6/23/2003 Public Hearing - Memo to the Hearings Officer Page 2 of 4 RE: SUB2002-00010/1-eiser Park Subdivision Appeal Condition #41 reads: `The applicant shall acknowledge in writing his acceptance of the following requirement. Any tree subsequently removed following this approval, prior to formation of the Tree Committee or Homeowner's Association comprised of individual owners shall be required to mitigate for 100% of the caliper inches of the tree being removed. Once the homes on the lots have received final occupancy, this mitigation requirement shall not apply. " The City will delete condition #41. While staff had initially thought that an excess balance of mitigation could be credited towards subsequent tree removal, this is not the case. More specifically, the applicant will be held to the tree removal plan submitted and approved by the city. Any subsequent tree removal is considered a violation of the tree removal plan, and is subject to the penalties as an illegally removed tree. The appellant argues that Condition 12 and 13 should add the verbiage "/f these improvements are impractical to build with this development, then upon receiving the City Engineer' s consent, a fee-in-lieu for these street improvements shall be paid by the developer" to account for feasibility issues with constructing the street improvements to SW 79 and 81St. The City's position is as follows: Section 18.810.030.A.5 already contains the provision for allowing a future improvements guarantee in-lieu of improvements. The additional wording in these two conditions is not necessary. Staff recommends no change to the wording of this condition. The ajpellant argues that the wording "driveway aprons" should be removed from Condition #15 regarding the list of required public improvement details in the construction plans. The City's position is as follows: Condition p15 is a standard condition that obligates the developer to build the internal subdivision streets to City standards. The developer is responsible for providing driveway aprons on these streets, whether they are installed at the time of the main infrastructure work, or installed as a part of. home construction. The condition does not force the developer to install the aprons with the main infrastructure. In practice, it is quite common for the value of these aprons to be included in the one-year maintenance assurance for the project, to ensure that the aprons are installed with the home construction. Staff recommends no change to Condition #15. The appellant argues that Condition 42, related to compliance with the sign code, is excessive and unnecessary. Condition # 42 states: "The applicant shall sign and submit a Sign Compliance Agreement regarding the placement of temporary and permanent signage." This condition is in response to a problem the City has experienced with off site advertising that is placed 'in the public right-of-way directing customers to the new lots and home sites. A copy of the compliance agreement is attached for reference. By requiring the applicant to sign this compliance agreement, achieves two beneficial results: First - the applicant is more acutely aware of the sign placement requirements; and Second - reinforces the fact that if the signs are not properly placed, the applicant/developer will be held responsible. 6/23/2003 Public Hearing - Memo to the Hearings Officer Page 3 of 4 RE: SUB2002-00010/Leiser Park Subdivision Appeal • • In summary, staff believes that the revised conditions of approval further the public interest and benefit the public health, safety, and welfare and are authorized by the Tigard Development Code to ensure that the standards are met. Therefore, the appeal should be denied, subject to the changes provided for herein. Other Items Following the filing of the subject appeal, the City received a letter from an abutting neighbor. Dan and Mable MacKinnon submitted comments regarding the condition of a tree on the Leiser Park site that lies near their property. The MacKinnon's purport that this maple tree, designated as #305 on the tree inventory plans, is hazardous and a threat. The City Forester visited the site after the subject approval to evaluate the condition of several maple trees along the southern project boundary. These trees had succumbed to verticilium wilt which was not easily identifiable until after the trees began to leaf out. The forester concurred with the project arborist on the majority of these trees, but disagreed that tree #305 was a hazard that could be removed without imposing mitigation. It is important to note that the City does not require specific trees to be retained or removed, as this is left to the discretion of the property owner and developer. However, the code is designed to discourage unnecessary tree removal through the increasing mitigation requirements as the proportion of trees to be removed increases. The applicant has every ability to remove tree #305, but, as specified in the original conditions of approval, would be required to mitigate for 100% of the 25 caliper inches. However, based on reconsideration of those conditions, and the requirement that the applicant's tree plan be adhered to, now, to remove that tree would be considered a violation of the tree ordinance, subject to the penalties established in the code. ATTACHMENTS: Attachment Sign Compliance Agreement Attachment 2 - Letter, dated June 4, 2003, from Dan and Mable MacKinnon EXHIBITS: x i t - Notice of Decision Exhibit B - Neighborhood Comments Exhibit C - Appeal Filing Form Exhibit D - Applicant's Submittal 6/23/2003 Public Hearing - Memo to the Hearings Officer Page 4 of 4 RE: SUB2002-00010/1-eiser Park Subdivision Appeal • • ATTACHMENT I SIGN COMPLIANCE AGREEMENT Witnesseth: This agreement dated the day of 20_ between the City of Tigard, as a municipality of the State of Oregon, hereinafter termed the "City", and hereinafter termed the "Developer". WHEREAS, the Developer has applied to the City for approval of located in Township South, Range One (1) West, Section , Willamette Meridian, Washington County, Oregon, and WHEREAS, the City has adopted standards in the Community Development Code Chapter 18 for signs; NOW, THEREFORE, it is hereby agreed as follows: The Developer agrees that all signage both temporary and permanent will comply with City sign regulations. The Developer further agrees and acknowledges to be responsible for the rectifying of any and all sign regulation violations during the marketing and initial sale of all properties within said development. The Developer further agrees that, should sign regulations be violated, to be subject to all citations that may be issued during the initial sale and marketing of the properties. Developer: By: The City of Tigard: By: (Attached Notary Acknowledgement hereto) ATTACHMENT 2 ~a(I ,y V J June 4, 2003 City of Tigard, Planning Managerg Dick Bewersdorff, We are the owners of Raze Meadows Lot #11, adjacent to the southwest corner of the Leiser Park Subdivision. We have, for the past several years, noticed an increasing number of dying branches in the neighboring Maple trees. As much as we love the trees and would like to retain as many as possible, we are now pleased that Certified Arborist, Walter Knapp has identified an incurable disease and will recommended the removal of all diseased Maple trees within the subdivision project. It is Tree #305 with which we are the most concerned; a 90' tall, 26" diameter Maple. Although it does not yet show symptoms of the disease, it is located immediately adjacent.to the affected area containing the soil borne virus and will likely later succumb to its effects. Tree #305 does have another serious problem however; at the 16' high level, a 3" diameter hole is rotted deeply into the trunk. In coming years this damage will certainly worsen, causing rot to progress downward and creating a blockage of nutrients upward. The weakened trunk will eventually cause this tree to break and fall. This 90' tall tree is located about 60' from the street; 30-40' from the planned new homes; 50' from our driveway where we normally park 4 vehicles; 60' from our RV garage; and 70' from our bed! We now consider this once beautiful tree to be a hazard and a threat. It may be argued that the tree does not yet have damage severe enough to warrant its removal. However, now is the time in which the environment of this subdivision is being prepared for the future homeowners. It should not be considered fair to the new owner of this lot to require that he be responsible for the liability and repair of a problem that was identified during the development stage. Now is the time to eliminate the liability of this tree; while the heavy equipment is there to easily deal it, with a minimum disruption of future landscaping, and before property is damaged or someone is physically injured. If it is deemed necessary to retain Tree #305, we believe the liability of any future damages should lie with the City of Tigard. Please consider its removal. Sincerely, 4a a on 14750 SW 81 Ave. Tigard, OR 97224 503-639-8772 • • e EXHIBIT A "iY WI "5- t n ~a `'f3 -t,a5u,F a 'x914' Nt:2'^rd,-c riTCE~ OFfYPE~ II DECISIOMY N~ ;SUBDIVISION (SUB)`2002 00010 ~cmor FnoaRO'~~ x 11 J s« a;t~C~1L1L2 LEISER PARKkSUBDIVISION 120 DAYS = 718/2003 SECTION I. APPLICATION SUMMARY FILE NAME: LEISER PARK SUBDIVISION CASE NOS.: Subdivision (SUB) SUB2002-00010 Variance (VAR) VAR2002-00046 Variance (VAR) VAR2002-00047 REQUEST: A request for Subdivision approval to create 19, single-family lots on an approximately 4.36 acre site. In addition, the applicant has requested two (2) Variances to the tree removal ordinance to (1) reduce the number of trees that qualify for mitigation and (2) to vary from the mitigation program requirements. APPLICANT: Matrix Development Corp. OWNER: Matrix Development Corp. & Attn: Craig Brpwn Anne Leiser, Trustee 12755 SW 69 Avenue, Suite 100 6009 SW Pendleton Court Portland, OR 97223 Portland, OR 97221 COMPREHENSIVE PLAN DESIGNATION: R-4.5; Single=Family, Low-Density Residential. ZONE: R-4.5; Single-Family Low-Density Residential - 7,500 Square Feet Per Unit, 4.5 Units Per Acre. The purpose of the R-4.5 zoning district is to establish sites for single-family residential developments. LOCATION: 14665 SW 79th Avenue; WCTM 2S1 1213C, Tax Lot 300 and adjacent unaddressed parcel, WCTM 2S112BD, Tax Lot 2800. APPLICABLE REVIEW CRITERIA: Community Development Code Cha ters 18.370 (Variances and Adjustments), 18.390 (Decision Makin Procedures; 18.430 (Subdivision); 18.510 (Residential Zoning Districts 18.7 5 Access, Egress and Circulation ; 18.715 (Density Computation); 141.745 (Landscaping and Screening); 18.765 Off-Street Parking 18.790 (Tree Removal); .18.795 (Visual Clearance Areas); an 18.810 (Street and Utility Improvement Standards). SECTION II. DECISION ~Nofice,~is 'h"ereb' iyenA~that, the E;Cr~ ,'Yofs}fld"i rd 'Co" 0"fity ;DeveloPmeet kDr.`ectors de~si' nee :has; y gg r c xa, stf q As 9 APPROVED SUB 002 00010 a acid AR2002 p 00046 ~ subject „toy certalnconditionsR of appfiroal; Viand`, .DENIED VAR2002-0f0:0'47 The fi;ndlrigs andconluslansRonl which vtFie decrsion,rs basO'd arenotedrn Section VI of this. Decision t p ' at xr' x xF k s R ii.-l NOTICE OF TYPE II DECISION PAGE 1 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION • 0 CONDITIONS OF APPROVAL )ty .t Y'-.• i l ,~'S ne a.. THEETOLL=OWINGGC;ONDITIONS SI ALL~BE'SSATISFIED,PRIOR TOrCOMMENCING';ANY ONSITE' IMPROVEMErNTS; INCLUDINGGtZADINGY}EXCAVATION~ND/OR FILL ACTIVITIES,«; ~~fkl u mit to tY a annrng epa ment in racy, 639-4171, ex t. or review an approva : 1. The applicant shall revise Tract A so that it extends to the northern property boundary and terminates at WCTM 2S1126C, tax lot 100. The width of the tract may need to be reduced but in no case shall be less than 20 feet of pavement width. 2. The applicant shall revise the construction plans to show the private street with sidewalks on at least one side. The sidewalk may be contained in a separate easement. Furthermore the construction plans for the private street, "Tract A" and the associated access easement shall show that the pavement section will only be improved to a length of 150 feet or otherwise will pprovide for a standard turnaround. The sidewalks shall continue to the northern property boundary. Also, incorporate the requirements of Tualatin Valley Fire & Rescue (TVF&R) as reflected in the Agency Comments Section of this decision, into the construction documents. 3. Submit a revised street utility plan that shows the location, species, and size (minimum 2-inch caliper) of required street trees. 4. The applicant shall submit a mitigation program that includes assurances for the sale of 750 caliper inches to be planted in the City of Tigard through the Tigard High School Boosters, or some other approved alternate community based group. The program shall include measures to ensure that the trees are distributed solely to City of Tigard residents. The trees may be sold over a period of time exceeding the 1 Y2 year approval period, but in no case shall exceed 3 years. If, at the conclusion of the third year, there are remaining caliper inches to be sold, the applicant may opt to plant the remaining trees in an off site location (approved by the City Forester) or pay the fee in lieu (fee assessed at the time of payment In addition, the applican shall submit a revised landscaping plan or other document that assures that three (3), 2-inch caliper trees will be planted per each lot. The planting of said trees shall occur after the homes are substantially complete, but prior to final occupancy inspection. 5. Prior to any tree removal, the applicant shall clearly designate the trees for removal in the field with bright orange spray paint, and those to be retained with a different color vinyl tape. The City Forester shall inspect and approve the final marked trees before clearing commences. 6. Submit construction drawings that indicate the trees to be retained and. the proposed location of tree protection fencing. Generally this fencing shall be established at the trees' driplines, unless specific circumstances warrant deviation from this standard. Any deviation must be approved by the City Forester. Prior to commencing any site work, the applicant shall install tree protection fencing around the trees to be retained as shown on the approved construction drawings. The City Forester shall verify that measures have been properly-installed before an construction activity occurs. Refer to the City Forester's commens at the end of this decision for specific tree protection guidelines. 7. Prior to construction, submit Conditions, Covenants & Restrictions (CC&R) deed restrictions for the trees proposed to be retained. 8. Prior to and during construction, if any tree currently proposed to be retained is to be removed, approval must be granted by the City Forester PRIOR to any tree removal. Following construction and establishment of a Homeowner's Association or Tree Committee comprised of individual owners, review and approval for tree removal requests will become the responsibility of the Homeowner's Association or Tree Committee. Any tree removed from a lot prior to tl~e issuance of final occupancy on the house will be required to be mitigated at 100 0 of the caliper inches removed. NOTICE OF TYPE II DECISION PAGE 2 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION Submit to the Engineering Department (Brian Rager, 639-4171, ext. 2471) for review and approval: 9. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this projec~ to covgr all infrastructure work within the subdivision, the street improvements in both 79 and 81 Avenues, and any other work in the public right-of-way. Eight (8) sets of detailed public improvement plans shall be submitted for 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 !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.ci.tigard.or.us). 10. 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 ppublic 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. 11. The applicant shall provide a construction vehicle access and parking plan for approval by the pity Engineer. The purpose of this plan is for parking and traffic control during the public improvement construction phase. All construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in the construction of site improvements or buildings proposed by this application, and shall include the vehicles of all suppliers and employees associated with the project. 12. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half-street improvement along the frontage of 79th Avenue. The improvements adjacent to this site shall include: A. City standard pavement section for a neighborhood route from curb to centerline equal to 18 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5 foot concrete sidewalk with a planter strip; F. street trees in the planter strip spaced per Tigard Development Code (TDC) requirements; G. street striping; H. streetlight layout by applicant's engineer, to be approved by City Engineer; 1. underground utilities; J. street signs (if ap licable); K. driveway apron (inapplicable); and L. adjustments in vertical and/or horizontal alignment to construct SW 79t" Avenue in a safe manner, as approved by the Engineering Department. 13. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, which indicate that they will construct a half-street improvement along the frontage of 81St Avenue. The improvements adjacent to this site shall include: A. City standard pavement section for a local residential street from curb to centerline equal to 6 feet; B. pavement tapers needed to tie the new improvement back into the existing edge of pavement shall be built beyond the site frontage; C. concrete curb, or curb and gutter as needed; D. storm drainage, including any off-site storm drainage necessary to convey surface and/or subsurface runoff; E. 5 foot concrete sidewalk with a planter strip; NOTICE OF TYPE II DECISION PAGE 3 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION F. G. H. I. J. K. L. street trees in the planter strip spaced per TDC requirements; street striping; streetlight layout by applicant's engineer, underground utilities; street signs (if applicable); driveway apron (if applicable); and adjustments in vertical and/or horizontal manner, as approved by the Engineering to be approved by City Engineer; alignment to, construct SW 81St Avenue in a safe Department. 14. The applicant shall consider constructing SW 80th Avenue with,@ 32-foot-wide paved section to allow for parking on both sides. The right-of-way (ROW) for 80 Avenue can remain at 50 feet and the new sidewalks could be constructed curb-tight to match the existing improvements to the south. 15. The applicant's Public Facility Improvement permit construction drawings shall indicate that full width street improvements, including traffic control devices, mailbox clusters, concrete sidewalks, driveway aprons, curbs, asphaltic concrete pavement, sanitary sewers, storm drainage, street trees, streetlights, and underground utilities shall be installed within the interior subdivision streets. Improvements shall be designed and constructed to local street standards. 16. Profiles of 79th Avenue and 81St Avenue shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. 17. The applicant's construction drawings shall show that the pavement and rock section for the proposed private street(s) shall meet the City's public street standard for a local residential street. 18. Any portion of public sanitary or storm drainage lines to be located outside of paved roadway areas shall be constructed of ductile iron or PVC C-900 pipe. 19. Any extension of public water lines shall be shown on the proposed Public Facility Improvement (PFI) permit 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 PFI permit plans from the Engineering Department and construction of public water lines. 20. Final design plans and calculations for the proposed public water quality/detention facility shall be submitted to the Engineering Department (Brian Rager) as a part of the Public Facility Improvement plans. Included with the plans shall be a proposed landscape plan to be approved by the City, Engineer. The proposed facility shall be dedicated in a tract to the City of Tigard on the final pat. As a part of the improvement plans submittal, the applicant shall submit an Operations and Maintenance 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. 21. 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, December 2000 edition." 22. 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. NOTICE OF TYPE II DECISION' PAGE 4 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION 23. The applicant shall obtain a 1200-C General Permit issued by the City of Tigard pursuant to ORS 468.740 and the Federal Clean Water Act. 24. The developer will also be required to provide signage at the entrance of the private street, Tract A, which lists the addresses that are served by that street. This will assist emergency services personnel to more easily find a particular home. nTHEMFOLLOWING`CONDITIONS SHAL`La BE SATISFIED rtPRIOR TO APPROUAL'.0 E FINAL PLAT Submit to the Planning Department (Morgan Tracy, 639-4171, ext. 2415) for review and approval: 25. The applicant shall place a statement on the final plat indicating the private street will be owned and maintained by the properties that will be served by it. 26. The applicant shall record Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to maintain the private. street(s). These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. Submit to the Engineering Department (Brian Rager, 639-4171, ext. 2471) for review and approval: 27. Prior to approval of.the final plat, the applicant shall pay an addressing fee in the amount of $600.00. (STAFF CONTACT: Shirley Treat, Engineering). 28. The final plat shall show on the face that ROW will be dedicated for 79th Avenue to provide 29 feet from the centerline. The ROW for 81St Avenue shall be 27 feet from centerline. The ROW for 80 Avenue shall be 54 feet. 29. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private street(s) will be jointly owned and maintained by the private property owners who abut and take access from it(them). 30. Prior to approval of the final plat, the applicant shall prepare Conditions,. Covenants and Restrictions (CC&R's) for this project, to be recorded with the final plat, that clearly lays out a maintenance plan and agreement for the proposed private street(s). The CC&R's shall obligate the private property owners within the subdivision to create a homeowner's association to ensure regulation of maintenance for the street(s). The applicant shall submit a copy of the CC&R's to the Engineering Department (Brian Rager) prior to approval of the final plat. 31. Prior to approval of the final plat, the applicant shall demonstrate that they have formed and incorporated a homeowner's association. 32. Prior to approval of the final plat, ~he applicant shall pay $963.00 to the City for the striping of the bike lane along the frontage of 79 Avenue. 33. The applicant shall either place the existing overhead utility lines along SW 79th Avenue or 81St 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. The fee must be paid prior to approval of the final plat. If the fee option is chosen, the amount for each street will be as follows: • 79th Avenue 7,260.00 • 81St Avenue 19,130.00 34. 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). These 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: NOTICE OF TYPE II DECISION PAGE 5 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION • • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. 35. 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 in the amount of the current final plat review fee (Contact Plannin/Engineering Permit Technicians, at (503) 639-4171, ext. 426). C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORSP2.05), Washington County, and by the City'of Tigard. D. The right-of-way dedications for 79 Avenue and 81St Avenue shall be made on the final plat. E. NOTE: Washin ey receive gton County will not begin their review of the final plat until th notice from the Engineering Department 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 two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). ng uepartment (Brian Kager, 639-4171, ext. 2471) or review an approval: 36. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 37. 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. 38. 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. (NOTE: the City apart from this condition, and in accordance with the City's model home policy may issue model home permits). 39. Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if.available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for 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). related to the following: 40. The applicant shall acknowledge in writing his acceptance of the following requirement: If the tree protection guidelines are not followed, moved after being approved in the field, knocked down during construction, or are removed prior to the end of construction then: A. The project will be immediately shut down until the fencing is reinstalled according to the conditions of approval; B. Each impacted tree may be required to be bonded for seven years in the amount of up to $5,000 per tree, based on the estimated cost of removal and replacement of the impacted tree; NOTICE OF TYPE 11 DECISION PAGE 6 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION C. Corrective action, including but not limited to loosening compacted soil, replacing graded soils, or removing filled soil, shall be undertaken by the applicant to address the damage done in the critical root zone of each tree;, and D. A fine of $250 per day shall be assessed to the applicant following written notification of the violation, until such time that the tree protection measures are reinstated. 41. The applicant shall acknowledge in writing his acceptance of the followingg requirement: Any tree subsequently removed following this approval, prior to formation of the Tree Committee or Homeownes Association comprised of individual owners shall be required to mitigate for 100% of the caliper inches of the tree being removed. Once the homes on the lots have received final occupancy, this mitigation requirement shall not apply. 42. The applicant shall sign and submit a Sign Compliance Agreement regarding the placement of temporary and permanent signage. 18.430.080 Improvement Agreement: Before City approva is certified on t e 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. 18.430.090 Bond: . As require by Section 18.430.080, 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 frce 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. 18.430.100 Filin and Recordin : Within 60 days o 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. 18.430.070 Final Plat Application Submission Requirements: Three copies o the subdivision pat prepare by a an surveyor licensed to practice in Oregon, and necessary data or narrative. NOTICE OF TYPE II DECISION PAGE 7 OF 33 SUB2002-OW10 - LEISER PARK SUBDIVISION • • 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. 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 cul-de-sac center points, and curve points. be required around all centerline intersection points, The tops of all monument boxes shall be set to finished pavement grade. 18.810 Street & Utility Improvement Standards: 18.810.120 Utilities All uti ity lines inc uding, 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. 18.810.130 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 18.810.180. 18.810.150 Installation Prerequisite No an division improvements, including sanitary . sewers, storm sewers, streets, sidewalks, curbs, lighting or other requirements shall be undertaken except after the plans therefore have been approved by the City, permit fee paid and permit issued. 18.810.180 Notice to Ci Required o shall not begin until the qty as been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. 18.810.200 Engineers Certification e an dividers engineer s a 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. NOTICE OF TYPE II DECISION PAGE 8 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION SECTION III. BACKGROUND INFORMATION Site Histo : City records do not indicate any previous development approvals have been granted for this property. A sewer line was installed through the middle of the project site to facilitate the development of the Raze Meadows subdivision, located to the south. Site Information and Proposal Description: The applicant is requesting Subdivision approval to create 19, single-family lots on an approximately 4.36 acre site. The existing single-familyy home will bQ demolissged to enable an additional lot. There is one pub Ic street proposed, which w~l connect 79 and 81 Avenues, as well as connect to the existing 80 Avenue stub. A private street will extend to the north and serve two additional parcels. Vicinit Information: e propose development is between 79th and 81st Avenues, south of Bonita Road. The property borders R-12 zoning to the east and R-7 zoning to the north. The other adjacent properties are zoned R-4.5. SECTION IV. COMMENTS FROM PROPERTY OWNERS WITHIN 500 FEET Staff received two phone ci2lls of a general nature, inquiring about tree removal, and street connectivity as it related to 80 extending north through the site to Bonita. No specific concerns were raised. Letters were received from Janice DeKorte, R.E. Gilmore, Kenneth Peterson and Mark Walker. Ms. DeKorte abuts the subject site on the north and takes access directly from SW Bonita and is currently not served by sewer. Her prop ert y is large enough to be partitioned into 2 lots, based solely on lot size. She requests that a sewer line be stubbed at the property line, and that an alternate point of access be provided so that the existing driveway onto Bonita can be closed off. She requests that the City complete this work. Lastly, she prefers that as many large trees as possible be preserved. Staff Response: The applicant will be required by the provisions of Chapter 18.810 to extend sewer lines to adjacent unserved parcels. The applicant has proposed this. Extension of the access drive, shown as Tract A, will also be required. It should be noted that only the easement will be required. Physical improvement of the connection between the subject site and the abutting property will be left the responsibility of whomever partitions that lot. As the length of the street will exceed 150 feet when it is fully improved to the boundary of the subject subdivision, a turnaround will be required. This is complicated by the fact that to accommodate the access easement to the property boundary, the lot size average will drop from 7,504 square feet to below the minimum lot size. The applicant has proposed a lot line adjustment to add square footage to offset the deduction required of the extended access easement. After the lot line adjustment, the average lot size will be 7,507 square feet. There is no room to accommodate the turnaround on the subject property. Moreover, since the turnaround is not necessary for this development but would be needed for the future partition, the turnaround will be the responsibility of the northern lot. The removal of the driveway onto Bonita will also be the responsibility of the northern lot at the time it connects to the private access way. Finally, the tree removal will be addressed in the Tree Removal section of this decision. R.E. Gilmore's letter is primarily concerned with the handling of surface drainage especially as it relates to overtopping 79 Avenue. Staff Response: Storm drainage is discussed in greater detail in the Street and Utility Improvement Standards section of this decision, below. NOTICE OF TYPE 11 DECISION PAGE 9 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION Kenneth Peterson wrote regarding the accuracy of the tree list that was provided as "Spreadsheet Addendum A°. There appears to be an inconsistency between the plans and the trees that are shown as "Retained mismarked trees on Tree Removal Plan 12-4-02". His concern also is that there are so many marks on the trees out in the field that there is a strong chance of a tree being removed accidentally. Staff Response: Staff concurs that the list is confusing and notes that other inaccuracies were found upon closer inspection. The applicant revised the spreadsheet to correct for these inconsistencies and was verified by the City's Forester. A condition requiring clear marking of the final approved trees for removal will be imposed, as discussed under Chapter 18.795, Tree Removal, later in this decision. Moreover, the applicant has reevaluated the tree plan and field-verified the numbers, and returned with revisions to the Spreadsheet exhibit. The City Forester has reviewed these revisions and found them to be accurate. The Forester's comments are reflected toward the end of this decision under Staff Comments. Mark Walker expressed his opposition to the granting of any variances for the project. He also inquired why the City does not require more mature trees for mitigation. Staff Response: The variance process is in place to address those unique circumstances where the strict application of the code has an unfair result upon a articular property based on factors outside the applicant's control. A more detailed analysis of the variance request is contained later in this decision. As for the size of mitigation trees, generally a smaller caliper tree will have better survivability rates and adapts to its new location more readily than larger trees. In fact, over the course of a few years, a smaller tree will outgrow a larger tree. B. Aoolicable Development Code sections 8.370 Variances and Adjustments) 18.510 Residential zoning districts) 18.705 Access, Egress and Circulation) 18.715 Density) 18.745 Landscaping and screening) 18.765 Off-street parking and loading requirements) 18.790 Tree removal) 18.795 Vision clearance) C. Street and Utili Im rovement 18.810 (Street and U I ity mprovement Standards) D. Decision Makin Procedures 18.390 (impact Study) order in which they are addressed in The proposal contains no elements related to the provisions of these Specific Development Standard Code Chapters: 18.710 (Accessory Residential Units), 18.730 ((Exceptions to Development Standards), 18.740 (Historic Overlay), 18.742 (Home Occupations), 18.750 (Manufactured/Mobil Home Regulations), 18.755 (Mixed Solid Waste & Recyclable Storage) 18.760 (Nonconforming situations), 18.775 (Sensitive Lands), 18.785 (Temporary Uses, and 18.798 (Wireless Communication Facilities). These chapters are, therefore, found to be inapplicable as approval standards. NOTICE OF TYPE 11 DECISION t'AuL iv ur so SUB2002-00010 - LEISER PARK SUBDIVISION A. Subdivision 8. 30 • • SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A - SUBDIVISION GENERAL PROVISIONS: Future Re-Division. When subdividing tracts into large lots, the Ap . royal Authority shall require that the lots be of such size and shape as to facilitate future revision in accordance with the requirements of the zoning district and this title. The largest lot in the subdivision is 8,226 square feet, and is not large enough to divide in the future, therefore, this standard does not apply. Lot Size Averaging: Section 18.430.020.D states Lot size may be averaged to allow lots less than the minimum lot size allowed in the underlying zoning district as long as the average lot area for all lots is not less than allowed by the underlying zoning district. No lot created under this provision shall be less than 80% of the minimum lot size allowed in the underlying zoning district. The applicant has proposed to use the lot averaging option. The average of all lots is 7,504 square feet. The smallest lot is 7,042 square feet, which exceeds 6,000 square feet (80% of the 7,500 square foot minimum lot size). Note that due to some required modifications to allow an access easement to be created to the northern abutting parcel, Tract A was modified from its 27-foot width to 20 feet and extends from Leiser Lane all the way to the property to the north. The resulting deduction of this access area reduced the average: lot size below the minimum of 7,500 square feet. The applicant has filed a lot line adjustment to increase the project site area and enables the lots sizes to average out to 7,507 square feet, which complies with the standard. Phased Development: The Approval Authority may approve a time schedule for developing a subdivision in phases, but in no case shall the actual construction time period for any phase be greater than two years without reapplying for a preliminary plat; The criteria for approving a phased site development review proposal are: a.)The public facilities shall be scheduled to be constructed in conjunction with or prior to each phase to ensure provision of public facilities prior to building occupancy; b.) The development and occupancy of any phase shall not be dependent on the use of temporary public facilities: For purposes of this subsection, a temporary public facility is an interim facili not constructed to the applicable City 'or district standar ; and The phased development shall not result in requiring the City or other property owners to construct public facilities that were required as a part of the approval of the preliminary plat. The application for phased development approval shall be reviewed concurrently with the preliminary plat application and the decision may be appealed in the same manner as the preliminary plat. The.applicant has not proposed a phased development, therefore, this standard does not apply. Approval Standards - Prelimina Plat: The propose preliminary pat complies, with the applicable zoning ordinance and other applicable ordinances and regulations. Compliance with the specific regulations and standards of the zoning ordinance will be addressed further within this decision. The proposed plat name must not be duplicative and must otherwise satisfy the provisions of ORS Chapter 92. The applicant has provided evidence that the proposed subdivision name has been reserved with Washington County, thus insuring that the name is not duplicative. NOTICE OF TYPE 11 DECISION PAGE 11 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION 0 • The Streets and roads are laid out so as to conform to the plats of subdivisions and maps of major 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. Street layout is discussed in more detail, and conditioned if necessary, under the Street and Utility section of this decision. An explanation has been provided for all common improvements. The applicant has provided an explanation for all common improvements as required and, therefore, satisfied this criterion. Specific details of the proposed improvements are discussed later in this'decision under the Street and Utility Improvement Standards section. FINDING: Based on the analysis above, the proposal meets, or will be conditioned to meet further in this decision, the preliminary plat approval standards for subdivisions. B- APPLICABLE TIGARD DEVELOMENT CODE SECTIONS Variances and Adjustments (18.370) The .Director shall ap rove= approve with conditions, or deny an application for a variance based on finding that fhe criteria found in 18.370.010 (C) (2) are satisfied. The applicant has requested two related, variances for partial relief from the tree mitigation requirements. The first request is to reduce the number of trees that qualify for mitigation based on preexisting utility constraints. Namely, the placement of the sewer line serving Raze Meadows was placed too high through the.subject property necessitating the site be filled with approximately 10,000 cubic yards of fill. While the mere act of fi In the site does not require removing trees, even a small amount of fill will cause the root structures of most trees to rot and eventually kill the tree or cause it to fail. Therefore in best management practices, when fill is required, trees are removed from the fill area to prevent a future unsafe situation. The applicant is requesting that the trees that are impacted by the necessary fill to mitigate for the preexisting placement of the sewer line, be excluded from the mitigation calculation. The second request is to reduce the total amount of required mitigation based on economic factors. Of the trees that do not require removal to accommodate the fill as described previously, there remain a fair number of multi-stemmed and large sized trees that will require removal to accommodate the street, utilities and other related site improvements. Since more than 25% of the trees on site will be removed, the code requires a mitigation program representing a 50% replacement of the caliper inches lost. The total initial estimated value of the required mitigation equated to $631,375 or approximately $33,230 per lot (based on previous figures where more than 50 /o of the trees would be removed, requiring 66% replacement of caliper inches). The applicant argues that the added cost of the mitigation in addition to other expenses necessary to bring the lots to market will out price the lots by approximately 44 /o above their estimated market value. Subsequent analysis provided by the applicant in the revised Addendum to Spreadsheet "A" revealed that fewer than 50% of the qualifying trees would be removed and thus only 50% of the removed caliper inches would require replacement. If the first variance is granted, the total mitigation value is estimated to be $69,250 or roughly $3,650 per lot. Annlvcic of Variannp f#1-reduce the number of mitiaatable trees based on re-existin site The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; The purpose of the tree ordinance includes encouraging the preservation, planting and replacement of trees, and protecting water quality. The requested variance to reduce the number of trees that qualify for mitigation will not detract from the purposes of this title, since the developer is still required to preserve as many trees as practicable (52.1% will be retained) and will replace the trees being NOTICE OF TYPE II DECISION PAGE 12 OF 33 SUB2002-OWIO - LEISER PARK SUBDIVISION • removed at a ratio of 10 for every one tree removed. The tree plan shows that a large number of trees around the periphery of the pro ert y will be retained so as not to detrimentally impact other properties in the vicinity. The requesF is based on the fact that the fill that is required to properly serve the site with utilities will have a significant negative effect on the trees within the fill area. Removal and replacement of these trees will have a temporary impact to the site, whereas, an improperly functioning sewer or storm drain system will be a permanent problem and conflicts with the purposes of Chapter 18.810 (Street and Utility Improvement Standards). There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district or vicinity; The variance request is the result of the combination of topography and prior development decisions regarding utility placement. When Mara Court to the north was developed, the sewer line serving that development was not placed deep enough to provide adequate cover over the pipe. This left the subject site with a small mound running in a north-south alignment through the center of the proposed development. In order to improve streets and have the sewers and storm drainage properly function, the site needs to be elevated. This is a unique circumstance that is due to factors outside of the applicant's control, and is not generally applicable to other properties in the same zoning district or vicinity. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent practical that is reasonably possible while permitting reasonable economic use of the land; The proposed use is a detached single-family development, which is consistent with the permitted uses in the R-4.5 zone. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and The requested variance will not affect physical and natural systems, except that drainage will be improved with the construction of a gravity fed storm drainage system. Without the proposed fill, the water on the western portion of the site would not be able to be conveyed properly to the eastern portion of the site where it ultimately drains into an off-site natural creek. The variance is also seeking to reduce the number of trees that qualify for mitigation. These trees would have to be removed regardless of whether or not the variance is granted in order to develop this site. The variance is being considered more as a matter of equity, as the preexisting conditions which were outside the applicant's control have resulted in the need for the additional tree removal. The result of granting the variance is that fewer overall caliper inches will be required to be replanted; however, the site will receive, in addition to the required street trees, 57 trees (3 per lot) and through the efforts of the Tigard High School Boosters in cooperation with the developer, an additional 750 caliper inches will be planted throughout the city. The hardship is not self-imposed and the variance is the minimum variance which would alleviate the hardship. The hardship for which relief is being sought is the fact that re-existing utility placement necessitates that the site be filled with approximately 10,000 cubic yards of fill. Had the utilities been placed at sufficient depth initially, the additional trees would not have to be removed. The total relief represented by granting this variance is eliminating 19 trees (totaling 355.5 caliper inches) from the mitigation calculations. This is the minimum variance necessary to alleviate the pre-existing extenuating conditions on this site. Analysis of Variance #2-Reduce the total number of caliper inches being replaced based on economic factors. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; NOTICE OF TYPE II DECISION PAGE 13 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION 0 The proposed variance is to alleviate an undue economic hardship resulting from an unusual amount of tree mitigation based on the density of large trees on this parcel. The tree removal ordinance was designed to encourage the preservation of trees, in large part through an escalating mitigation replanting requirement In essence, the more trees that are preserved, the less relative percentage of caliper inches are required to be replanted. While this ordinance is designed to restore the forest canopy lost to development, there is a financial cost associated with the mitigation. This serves as a disincentive to tree removal and allows the trees to be a part of the fiscal analysis for project planning purposes. The proposed variance has the potential of running afoul of the purpose of this title, depending on the extent to which relief is granted and the circumstances on the site that determine the degree of the relief. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district; There is an unusual amount of large sized trees on this property, however, this is not entirely unique to this property as there are other properties in the same zoning district that are similarly situated. Staff does acknowledge this is a circumstance that was beyond the applicant's control. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land; Originally, it was believed that more than 75% of the trees on site. would require removal. With this degree of tree removal, a replacement program representing no net loss of caliper inches would be required. If the variance to exclude the trees lost due to the fill is granted, then the removal would represent just under 50%. This means that only 50% of the removed caliper inches will require replacement. Referring to the applicant's revised Addendum to Spreadsheet A, there are 76 trees that will be removed (45%) and 93 that will be left (55%). After deducting the trees being removed solely due to the fill there are 57 trees that will be removed (38%) and 93 that will be left (62%). This still constitutes a removal of 25-50% of the total trees on site, which means that half of the caliper inches being removed require replacement. The 57 trees total 1,108 caliper inches, for a total mitigation requirement of 554 inches. The applicant has proposed planting 5 trees per lot in the subdivision, as well as a program coordinated with the Tigard High School Boosters to distribute 750 caliper inches throughout the city. Staff recommended reducing the number of on-site trees from-5 to 3 to avoid overplanting. the lots. This amended mitigation program totals 864 caliper inches, in excess of what is required. Therefore, staff does not see the need to. grant a variance due to economic factors, since the applicant has shown a proposal that meets the standard. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and The relief requested would conceptually reduce the amount of required mitigation. However, with the revised mitigation calculations, 732 caliper inches would be required to be replaced before the granting of any variances. The applicant has proposed to mitigate for 940 caliper inches, but will be required to mitigate for 864 caliper inches. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. The hardship is the result of the size and number of trees on this smaller parcel. This is a situation that was not of the applicant's own doing. Nevertheless, since the proposed mitigation exceeds the required mitigation, there is no need for this requested variance. Therefore, the minimum variance would be no relief at all. Residential Zoning Districts (18.510 fists the description of the residential Zoning District. The site is located in the R-4.5: Low-Density residential zoning district. NOTICE OF TYPE 11 DECISION rHt3c m yr oa SUB2002-00010 - LEISER PARK SUBDIVISION • • The R-4.5 zonina district has the followina dimensional reauirements: STANDCRD^~ a F . ~m s. a Minimum Lot Size Detached unit ft. 7 sq. ,,5500 Duplexes - Attached unit 1 1 .ft. 00 s Average Minimum Lot Width Detached unit lots ft. 5 50 Duplex lots - Attached unit lots ft. 0 Maximum Lot Coverage Minimum Setbacks Front yard 20 ft. Side facing street on corner & through lots 15 ft. Side yard 5 ft. Rear yard 15 ft. Side or rear yard abutting more restrictive zoning district - Distance between property line and front of garage 20 ft. Maximum Height 30ft. Minimum Landscape Requirement 11] Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. The proposed lots range in size from 7,042 square feet to 8,226 square feet. Based on the lot averaging standards of Section 18.430.020.13, lot sizes can be reduced to a minimum of 6,000 square feet as long as the average lot size for the entire subdivision is at least 7,500 square feet. The average lot size for the 19 lots proposed for this subdivision (after the lot line adjustment is finalized) is 7,507 square feet. All of the proposed lots meet the minimum lot size and averaging requirements of the code. All lots meet the minimum lot width requirements, based on the dimensions provided on the plan. The applicant will be required to comply with the setbacks, height and lot coverage/landscape requirements during the building permit review process for the homes on individual lots. This is not a planned development, therefore, the setbacks are as prescribed by the base zone. For the purposes of applying setbacks to lots 9 and 10, the front yard shall be measured from the private street tract. FINDING: Based on the analysis above, the residential zoning district dimensional standards are satisfied. Access, Egress and Circulation 18.705 : C a- pter 1.705 establishes and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. 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 accessway. The minimum access width for 3-6 dwelling units is 20 feet with 20 feet of pavement. The access and egress into the site itself is discussed later under the Street and Utility Standards section of this decision. Access to individual lots will be reviewed for compliance during the building permit phase. A private drive is proposed to serve two lots with a 27-foot-wide tract. This tract will be reduced to 20 feet in order to off set the square footage required for an extension to serve the property to the north which presently only has access to SW Bonita Road. Access management. Section 18.705.030.H.1 states that 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 set by ODOT, Washington County, the City and AASHTO. A report was prepared by Xavier Falconi, dated January 20, 2003. The report studied several intersections in the vicinity of this site, including Bonita/7 and Bonita/81St. Mr. Falconi noted that the sight distance at Leiser Lane/81St and Leiser Lane/79t will be at least 250 feet in each direction, which will meet the Washington County standard. However, there are sight distance issues at the intersection of 79th/Bonita Road. There is an existing retaining wall at the southwest corner that impedes adequate sight distance. There is also a portion of an existing fence that adds to the problem. Mr. Falconi recommends the wall be lowered and the fence be moved back to improve the sicaht distance. NOTICE OF TYPE II DECISION PAGE 15 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION • • There are also sight distance issues at the intersection of 81St/Bonita Road, where an existing fence blocks the view to the west, and an existing retaining wall blocks the view to the east. Mr. Falconi recommends the fence be moved back and the wall lowered to improve the sight distance. Both 79th/Bonita Road and 81St/Bonita Road are intersections not immediately adjacent to the proposed development, and are not intersections created by this development. As such, Staff can not impose a condition that requires the developer to fix the existing problems at these intersections. The City should consider making improvements to these intersections. Section 18.705.030.H.2 states that 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 shall be150 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. There are no driveways being proposed within the influence area of a collector or arterial street intersection. Section 18.705.030.H.3 and 4 states that the minimum pacing of driveways and streets along a collector shall be 200 feet. The minimum spacing ofsdriveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. The new intersection of Leiser Lane/79th Avenue is approximately 300 feet south of,the Mara Court intersection, thereby meeting this standard. The new intersection of .Leiser Lane/81St Avenue is approximately 260 feet north of the intersection at Carole Court, thereby meeting this standard. Joint access. Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the l'oint use; and Copies of the deeds, easements, leases or contracts are placed on permanent file with the City. Joint access is proposed over a tract of land for lots 9 and 10. The joint access is a private street labeled "Tract A on the preliminary plan, and then continues in a shared access and utility easement. Since the easement will be shown on the plat, this satisfies this requirement. Public street access. All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 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. Based on ttW plans submitted, all lots, with the exception of lots 9 and 10, have direct access to SW 79 , SW 80 , SW 81 , or SW Leiser Lane. Lots 9 and 10 have access to a private street which then connects to SW Leiser Lane. Curb cuts shall be in accordance with Section 18.810.030N. Curb cuts will be addressed under Chapter 18.810 Street and Utility Improvements Standards later in this decision. Walkways: On-site pedestrian walkways shall comply with the following standards: Walkways shall extend from the ground floor entrances or from the ground floor landing of stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, institutional, and industrial complexes. Unless NOTICE OF TYPE II DECISION PAGE 16 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION impractical, walkways shall be constructed between new and existing developments and neighboring developments; Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic. and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of ehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall- be in compliance with ADA standards; Required walkways shall be paved with hard surfaced materials such as concrete asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes. Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. Pu,blic sidewalks, are proposed on both sides of the proposed public street and along the site's SW 79 and SW 81St street frontages. Sidewalks shall be constructed per city standards. There are no other walkways proposed with this development. Inadequate or hazardous access: 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 proposed access and street intersections meet code standards. Staff does not foresee any hazardous conditions associated with the proposed access. 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 79th Avenue is a neighborhood route. The other streets abutting and within the subdivision are all local streets. No access restrictions are required. 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 criterion does not apply. Minimum access requirements for residential use: 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; According to the plans submitted, no access will be less than 20 feet in width, in accordance with Table 18.705.1. It should be noted that Tract A will be reduced from its present 27 feet to 20 feet, but will continue to comply with the requirements of this chapter. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; No multi-family structures are proposed with this application. Therefore, this standard does not apply. Private residential access drives shall be provided and maintained in accordance with. the provisions of the Uniform f re Code; This provision will be discussed under "Agency Comments" later in this decision. NOTICE OF TYPE II DECISION PAGE 17 OF 33 SUB2002-MIO - LEISER PARK SUBDIVISION • Section 18.705.030.H.4 states that Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by one of the following: a circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet or a hammerhead-configured, paved surface with each leg. of the hammerhead havin a minimum depth of 40 feet and a minimum width of 20 feet. he maximum cross slope 01 a required turnaround is 5%. The proposed private street, labeled "Tract A" is shown at approximately 106 feet in length, and continues in an easement for an additional 44 feet. To address. the issues raised by the neighboring property to the north regarding providing alternate access, the applicant will be conditioned to modify Tract A so that it extends all the way to the northern boundary of the proposed project. The pavement section will only be improved to 150 feet length. When the northern parcel is further developed, or desires to extend the private accessway, a turnaround will be required to be constructed on the northern parcel. However, for the purposes of this review, so long as the pavement section of the drive does not exceed 150 feet in length, no turnaround is required. FINDING: Based on the analysis above, the Access, Egress and Circulation standards have not been satisfied. If the applicant complies with the condition listed below, the standards will be met. CONDITION: The applicant shall revise "Tract A" so that it extends to the northern property boundary and terminates at WCTM 2S112BC, tax lot 100. The width of the tract may need to be reduced but in no case shall be less than 20 feet of pavement. Accommodation for sidewalks may be provided in a separate private easement. Furthermore the construction plans for the private street, "Tract A" and the associated access easement shall show that the pavement section will only be improved to a length of 150 feet or otherwise will provide for a standard turnaround. Density Com utations and Limitations: Chapter 715impTements the omprehensive Plan by establishing the criteria for determining the number of dwelling units permitted. The number of allowable dwelling units is based on the net development area. The net area is the remaining parcel area after exclusion of sensitive lands and land dedicated for public roads or parks: The net area is then divided b~y the minimum lot size permitted by the zoning district to determine the number of dwelling units that may be developed on a site. Based on the formulas in Chapter 18.715 of the City of Tigard Community Development Code, the maximum and minimum number of units permitted on the site are based on the net developable area, subtracting sensitive land areas, land dedicated to public parks, land dedicated for public right-of-wa , and land for private streets from the total site area. Of the total site area (189,031 square feA, 46,442 square feet will be dedicated to public street right-of-way and private streets; there are no wetlands or land dedicated to the, public for parks. This results in a net developable area of 142,589 square feet. The maximum number of lots permitted on this site, therefore, is 19 and the minimum number of lots is 15. The applicant's, roposal to build 19 lots for single-family detached homes meets the maximum and minimum density requirements in an R-4.5 zone. F I N D I N GO: Because the applicant has proposed 19 lots and 19 lots is the maximum permitted based on the net acreage of the site, this standard has been satisfied. Landscapinq and Screening (18.745): CC apter 18.745 contains -Ian scapmg provisions for new development. Section 18.745.100 requires that street trees be planted in conjunction with all development that fronts a street or driveway more than 100 feet long. A proposed planting list must be submitted for review by the Director since certain trees can damage utilities, streets and sidewalks or cause personal injury. Section 18.745.030.E states that existing veggetation on a site shall be protected as much as possible (for example, areas not to be disturbed can be fenced as in snow fencing which can be around individual trees). NOTICE OF TYPE 11 DECISION PAGE 18 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION The applicant's plans indicate that more than 50% of the trees on site will be retained. A tree protection plan, prepared by a certified arborist, has been submitted. The protection measures include snow fencing established at the drip line. The City Forester has also included his recommended protection measures, which are referenced at the end of this decision. Section 18.745.040.C contains specific standards for spacing of street trees as follows: 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; 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 Large trees (over 40 feet tall and more than 35 feet wide branching) shall be spaced no greater than 40 feet apart; The applicant has included a landscape and lighting plan that shows conceptual locations of street trees "per City tree list". Final species selection will occur as part of the construction document review. These street trees are required to be a minimum 2-inch caliper. Section 18.745.050 contains the provisions and requirements for buffering and screening. The Buffering and Screening Matrix (Section 18.745.1) does not require buffering or screening when a single-family detached residential use is proposed adjacent to existing detached single-family dwellings. The Leiser Park Subdivision, site is surrounded by detached single-family homes and undeveloped parcels with R-4.5 zoning. Therefore, this section does not apply. FINDING: Based on the analysis above, staff cannot confirm that all of the landscaping and screening standards have been met. If the applicant complies with the condition listed below, the standards will be met. CONDITION: Submit a revised street utility plan that shows the location, species, and size (minimum 2-inch caliper) of required street trees. Off-Street Parking and Loading Requirements (18.765): Chapter 8.765, Table 18.765. nmres that single-family residences be provided with one (1) off-street parking space for each dwelling unit. Compliance with this standard will be enforced during the building permit review process. Since the code requires 20 feet from the property line to the face of a garage, this will insure that at least one (1) car can park off of the street, outside of any garage. FINDING: Because each individual home will be reviewed for compliance with this standard during the building permit phase and it is feasible that this standard will be met by providing driveways and garages, this standard has been satisfied. Tree Removal: Chapte-r0 requires mitigation of trees over 12" diameter at breast height (dbh) removed as part of the development of the site. The applicant has submitted a tree inventory prepared by a certified arborist. The tree inventory was revised by Gene Techs which utilized a diameter tape for more accurate tree size measurements. The City Forester, upon reviewing the tree removal plan against the spreadsheet noted a number of inconsistencies. The removal plan and spreadsheet were reconciled by the ro'ect engineer with final results being shown in the "Revised Addendum to Spreadsheet A." The f na~ inventory shows that there are a total of 169 trees on the site. Of those, 34 are proposed for removal due to grading issues described previously in the Variance section; 8 will be removed to accommodate Improvinthe existing streets; 4 are considered dead, dying or dangerous; and finally 72 trees will be remove as a direct rsult of the applicant's developmendesign. This means that the applicant is removing 42.6% of the trees from the site as a direct result of the subdivision design. As this results in a removal of between 25 and 50% of the trees on site, the applicant is responsible for mitigating for 50% of the removed Calipper inches. Based on the figures provided in the revised spreadsheet, this equates to 629 (1,258 x 50%) caliper inches. NOTICE OF TYPE II DECISION PAGE 19 OF 33 SUB2002-=10 - LEISER PARK SUBDIVISION 0 • The applicant has proposed planting 5, 2-inch trees per lot in the subdivision. The City Forester has noted that this represents an overplantin of these lots. Instead of 5 trees per lot, he recommends that the applicant reduce the number of trees to 3 per lot. This would result in 114 caliper inches planted on site. To account for the difference between the required mitigation and the on-site planting, the applicant has committed to participating in the Tigard High School Boosters tree sale in the amount of 750 caliper inches. This may require several years of sales to distribute these trees, however, the total commitment for 750 caliper inches is binding and does not have an expiration timeframe. This will be memorialized in a condition of this approval. The applicant's total mitigation program, therefore, represents 864 caliper inches, which is in excess of the required mitigation. The requirement for mitigation will be satisfied with the imposition of conditions of approval. There are trees on site that are proposed for retention. The applicant will need to prepare construction documents that identify the location of tree protection fencing and any other measures deemed necessary b the project arborist to protect the trees during construction. Also, based on comments received from adjacent neighbors, the trees have been surveyyed and marked so many different times; it is unclear in the field which trees are to be retained. To avoid the possibility of removing the wron tree, the trees will need to be clearly marked, preferably with bright orange spray paint for the trees qo be cut, and vinyl tape for those to remain. An inspection of the trees prior to removal will be required to assure that they have been properly marked. Conditions of approval will be imposed to ensure that these requirements are adhered to. FINDING: Based on the analysis above, the Tree Removal standards will be met, if the applicant complies with the conditions listed below: CONDITIONS: Prior to any tree removal, the applicant shall clearly designate the trees for removal in the field with bright orange spray paint, and those to be retained with a different color vinyl tape. The City Foreser shall inspect and approve the final marked trees before clearing commences. The applicant shall submit a mitigation program that includes assurances for the sale of 750 caliper inches to be planted in the City of Tigard through the Tigard High School Boosters, or some other approved alternate community based group. The program shall include measures to ensure that the trees are distributed solely to City of Tigard residents. The trees may be sold over a period of time exceeding the 1Y2 year approval period, but in no case shall exceed 3 years. If, at the conclusion of the third year, there are remaining caliper inches to be sold, the applicant may opt to plant the remaining trees in an off site location (approved b the City Forester) or pay the fee in-lieu (fee assessed at the time of payment). In addition, the applicant shall submit a revised landscaping plan or other document that assures that 3, 2-inch caliper trees will be planted per each lot. The planting of said trees shall occur after the homes are substantially complete, but prior to final occupancy inspection. Prior to commencing any site work, the applicant shall install tree protection fencing around the trees to be retained as shown on the approved construction drawings. Generally this fencing shall be established at the trees' driplines, unless specific circumstances warrant deviation from this standard. Any deviation must be approved by the City Forester. The City Forester shall verity that measures have been properly installed before any construction activity occurs. If the tree protection guidelines are not followed, moved after being approved in the field, knocked down during construction, or are removed prior to the end of construction then: The project will be immediately shut down until the fencing is reinstalled according to the conditions of approval; NOTICE OF TYPE II DECISION FAut Lu ur s3 SUB2002-OWIO - LEISER PARK SUBDIVISION • i 9 Each impacted tree may be required to be bonded for seven years in the amount of up to $5,000 per tree, based on the estimated cost of removal and replacement of the impacted tree; Corrective action, including but not limited to loosening compacted soil, replain graded soils, or removing filled soil, shall be undertaken by the andliccan? to address the damage done in the critical root zone of each tree; A fine of $250 per day shall be assessed to the applicant following written notification of the violation, until such time that the tree protection measures are reinstated. Prior to construction, submit deed restrictions for the trees proposed to be retained. Prior to and during construction, if any trees currently proposed to be retained are removed, approval must be granted by the City Forester PRIOR to any tree removal. Following construction and establishment of a Homeowner's Association or Tree Committee comprised of individual owners, review and approval for tree removal requests will become the responsibility of the Homeowner's Association or Tree Committee. Any tree subsequently removed following this approval, prior to formation of the Tree Committee or Homeowner's Association comprised of individual owners shall be required to mitigate for 100% of the caliper inches of the tree being removed. Once the homes on the lots have received final occupancy, this mitigation requirement shall not apply. Vision Clearance: Chapter 18.795 applies to all development and requires that clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways and at the intersection of a public street and a private driveway. A visual clearance area shall contain no vehicle, hedge, planting, fence, wall structure, signs, or temporary or permanent obstruction exceeding three feet in height. The applicant has not proposed any structures or vegetation in the vision clearance area. Construction plans for the streets will need to be reviewed and approved that satisfies the visual clearance requirements. Subsequent grading and vegetative removal may be imposed during infrastructure construction to assure that this standard is met. FINDING: Because no structures are currently proposed in the vision clearance area and all future buildings will be reviewed-for compliance during the building permit phase, this standard has been satisfied. C - STREET AND UTILITY IMPROVEMENTS STANDARDS (SECTION 18.810): Street And Utility mprovements Standards (Section 18.810 Chapter 18.810 -provides' construction standards for he 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 neighborhood route to have a 58-foot right-of-way width and a 36-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. NOTICE OF TYPE II DECISION PAGE 21 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION i 0 This site lies adjacent to SW 79th Avenue, which is classified as a neighborhood route with bike lanes on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW west of the ROW centerline, according to the most recent tax assessors map. The applicant should dedicate ROW to ensure that there is 29 feet from centerline. The plan shows a dedication that would yield a ROW width of 28 feet from centerline. The applicant's ROW dedication will need to increase by one foot to meet the standard. SW 79th Avenue is currently paved, but not fully improved to City standards. In order to mitigate the impact from this development, the applicant proposes to construct g half-street improvement along the frontage of the site. The City prepared a design for improving 79 Avenue, and has provided that design to the applicant's engineer for their use. The half-street improvement will need to be designed to meet the City's plan and profile, with adjustments as needed to comply with the newer Transportation System Plan (TSP). This site also has frontage on SW 81St Avenue, a local residential street. The ROW requirement for a local residential street, with parking on both sides, is 54 feet. The applicant's plan shows only 25 feet from centerline; it will need to be revised to show the new ROW at 27 feet from centerline. SW 81St Avenue is also not fully improved, but the applicant proposes to construct a half-street improvement to bring this roadway up to City standards. SW 80th Avenue also stubs into the southern bounds of this site with a 3/-street improvement (constructed as a part of the Raze Meadows subdivision). The existing roadway was designed and built to have a 50-foot wide ROW, a 32-foot-wide paved section, and curb-tight sidewalks. The applicant's plan shows a proposal to taper the paved section down to 28 feet at Leiser Lane. It is Staff's opinion that this roadway segment (between Viola Street and Leiser Lane) will carry fewer than 500 cars per day. With a volume this small, a 28-foot wide street could suffice. However, Staff encourages the applicant to construct the improvements to a 32-foot wide paved section, but continue the curb-tight sidewalk along both sides, to be consistent with the improvements to the south. This would permit the applicant to keep a 50-foot wide ROW and allow street trees to be placed behind the sidewalk. If additional area is needed to the street trees, landscape easements can be added outside of the ROW line. Future Street Plan and Extension of Streets: Section 18.810.030(F) states that a future street plan shall be filed which shows the pattern of existing and proposed future streets from the boundaries of the proposed land division. This section also states that where it is necessary to give access or permit a satisfactory future division of adjoining land, streets shall be extended to the boundary lines of the tract to be developed and a barricade shall be constructed at the end of the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since they are intended to continue as through streets at such time as the adjoining property is developed. A barricade shall be constructed at the end of the street by the roperty owners which shall not be removed until authorized by the City Engineer, the cost of which shall be included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de- sac bulbs shall be constructed for stub streets in excess of 150 feet in length. The applicant's proposal essentially completes an important link. with regard to SW 80th, continuing it to an easi-wesl route between 19- aria 81-- Avenues. There are no other large parcels that do not have adequate frontage to further be divided, with the exception of Tax Lot 100, directly north of the site., This lot fronts SW Bonita, and would be precluded from further division based on the access restrictions on Bonita. The applicant revised their plan and applied for a lot line adjustment to address the need for this northern connection. The revised plans call for an access easement between lots #8, 9 and 10, 11. This 20-foot-wide easement will serve a maximum of 4 lots, in compliance with the access standard. Cul-de-sacs: 18.810.030.K states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topographical constraints, existing development pattern, or strict adherence to other standards in this code preclude street extension and through circulation: All cul-de-sacs shall terminate with a turnaround. Use of turnaround configurations other than circular, shall be approved by the City Engineer; and NOTICE OF TYPE II DECISION PAGE 22 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION • 0 The length of the cul-de-sac shall be measured along the centerline of the roadway from the near side of the intersecting street to the farthest point of the cul-de-sac. If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an adjacent street may be required to be provided and dedicatedto the City. The proposed private street will be constructed to a maximum length of 150 feet. Street Alignment and Connections: Section 18.810.030(G) requires all local streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code. A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions. In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible. The applicant must show why the constraint precludes some reasonable street connection. All the streets that abut this development site have been extended, making necessary connections to other public streets. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments 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. The new grade of 79th Avenue ad'mcent to the site will be less than 6%. The grade of Leiser Lane will be less than 5%. The grade of 8~ Avenue will be 4% or less. Therefore, this criterion is met. Access to Arterials and Major Collectors: Section 18.810.030.P states that where a development abuts or is traversed by an existing or proposed arterial or major collector street the development design shall provide adequate protection for residential properties and shall separate residential access and through traffic, or if separation is not feasible, the design shall minimize the traffic conflicts. The design shall include any of the following: A parallel access street along the arterial or major collector; • Lots of suitable depth abutting the arterial or major collector to provide adequate buffering with frontage along another street; • Screen planting at the rear or side property line to be contained in a nonaccess reservation along the arterial or major collector; or Other treatment suitable to meet the objectives of this subsection; • If a lot has access to two streets with different classifications, primary access should be from the lower classification street. SW 79th Avenue is classified in the City's Transportation System Plan as a Neighborhood Route. Nevertheless, traffic conflicts are minimized since access will be restricted to the internal street system. SW Bonita Road is classified as a Collector, and while this site does not have frontage onto Bonita, it is improving the access situation by providing an alternate route from the adjoining property to the north which currently is only provided with a direct access onto Bonita. Once this property redevelops or is further divided, the access to Bonita Road will be closed off. Private Streets: Section 18.810.030.T states that design standards-for private streets shall be established by the City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement. Private streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments. Tract A will be a private street that will serve Lots 9 and 10 with the potential to serve two additional parcels on the adjoining northern tax lot. The six-lot maximum will be met. NOTICE OF TYPE II DECISION PAGE 23 OF 33 SUB2002-OWIO - LEISER PARK SUBDIVISION The applicant shall place a statement on the face of the final plat indicating the private street(s) will be owned and maintained by the properties that will be served by it/them. In addition, the applicant shall record Conditions, Covenants and Restrictions (CC&R's) alon U(e, th the f inal plat that will clarify how the private property owners are to maintain the private street These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. City's public improvement design standards require pprivate streets to have a pavement section equal to a public local street. Tfie applicant will need to provide this type of pavement section. FINDING: The provisions for streets have not been fully ensured. CONDITIONS: The applicant shall revise the plans to show the private street with sidewalks on at least one side. The sidewalk may be contained in a separate easement. The applicant shall place a statement on the final plat indicating the private street will be owned and maintained by.the properties that will be served by it. The applicant shall record Conditions, Covenants and Restrictions (CC&R's) along with the final plat that will clarify how the private property owners are to main'tain the private street s). These CC&R's shall be reviewed and approved by the City prior to approval of the final plat. Block ,Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemTlated consideration of needs-for convenient access, circulation, control and safety of street traffic ana 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 2,000 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. This development will complete a block formed by SW 79th, SW 81St, SW Bonita, and the neVv SW Leitser Lane. This block will be just under 2,000 lineal feet. The next connection between 79 and 81 S Avenues is at SW Ashford treet, aproximately 2,300 feet to the south. Until the other intervening properties between 79" and 81b' develop, this development furthers street connectivity standards as much as possible within the pre existing constraints. Therefore, this standard has been satisfied. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. This development makes full street connections and extends the existing SW 80th Avenue street stub. Therefore, no additional bicycle or pedestrian connections are required. 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. None of the lots are larger than 1.5 times the minimum lot size. NOTICE OF TYPE II DECISION SUB2002-MlO - LEISER PARK SUBDIVISION PAGE 24 OF 33 . • • 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. All the lots front a public street for greater than 25 feet with the exception of lots 9 and 10 which front a private street, Tract "A", for 83 feet. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City desiggn standards and be located on both sides of arterial, collector and local residential streefs. Private streets and industrial streets shall have sidewalks on at least one side. By constructing sidewalks on 79th Avenue, Leiser Lane, 81St Avenue; and 80th Avenue, adjacent to and within this project, this criterion will be met. 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 for 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 comprehensive plan. Over-sizing: Section 18.810.090.C 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 line located in 80th Avenue and it crosses through this site. The applicant's engineer proposes to abandon a portion of the existing sewer line and cgnstruct a new sewer line in Leiser Lane. The new line will tie into an existing public sewer line in 79 Avenue. The sewer line configuration will ensure that all of the new lots can be served with gravity sewer. Staff concurs with the applicant's plan. There will be two new segments of public sewer line located outside of paved areas. For these segments, they shall be constructed of either ductile iron or PVC C-900 pipe. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.C 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 the Unified Sewerage Agency in 2000 and including any future revisions or amendments). There is stormwater that currently flows onto this site from 81St Avenue. The applicant's storm drainage plan shows that they will intercept this runoff and tie it into the new storm pipe system for the projec . 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 the Unified Sewerage agency in 2000 and including any future revisions or amendments). NOTICE OF TYPE II DECISION PAGE 25 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION • In 1997, the Unified Sewerage Agency (USA) 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 in 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 applicant's storm drainage system will consist of new pipe in the street and along the north property line that will convey the stormwater into a swale and pond facility to be located at the northeast corner of the site (Tract B). The detention pond volume will be approximately 9,400 cubic feet, which is adequate for meetinj CWS detention standards. The pond outfall will tie into the existing storm drainage system in 79 Avenue. 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 the future extension of such bikeways through the dedication of easements or right-of-way. 79th Avenue is classified as a bike facility. The applicant's half-street improvement will provide the necessary width for the bike lane along the west side of the street. Cost of Construction: Section 18.810.110.13 states that development permits issued for planned unit developments conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements. The striping of the bike lane adjacent to this site should be delayed until more of the roadway is improved. The applicant should contribute funds to the City, however, to cover the cost of the future striping along the frontage of this site. The amount of the striping would be as follows: • 264 feet of 8-inch white stripe @ $2.50/If 660.00 7 Mono-directional reflective markers @ $4.00/ea. 28.00 1 Bike lane legends @ $175/ea. 175.00 • 1 Directional mini-arrows @ $100/ea. 100.00 1963.00 Minimum Width: Section 18.810.110.C states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight feet. The future bike lane will be between five and six feet in width. 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 pprior to the surfacing of the streetsi and Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. NOTICE OF TYPE II DECISION PAGE 26 OF 33 SUB2002-OMIO - LEISER PARK SUBDIVISION Exception to Under-Grounding Requirement: Section 18.810.120.C 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 utilities which are not underground will serve the development and the approval authority determines that the cost and technical difficulty of under-grounding the utilities outweighs the benefit of under-grounding in conjunction 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 frontages of SW 79th Avenue and SW 81St Avenue. The criterion only applies to the f ntage from where service is taken. If the fee in-lieu is proposed, it is equal to $7.50 per lineal foot of street frontage that contains the overhead lines. The frontagge along SW 79 Avenue is 264 lineal feet for a fee in lieu amount of $7,260.00. The frontage along 81S Avenue is 332 lineal feet for a fee in lieu amount of $9,130.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: ip site is located in the City's water service area. There are existing public lines in 79th Avenue and 81S Avenue. A new public line in Leiser Lane will enable a loop connection between the two streets. Storm Water Quality: T e itx as 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. 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. Prior to construction, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of the CWS 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. As was mentioned earlier, the applicant will construct a vegetated swale within Tract B. The 103-foot length will adequately treat the runoff from the proposed subdivision. Prior to the City accepting this facility as a public facility, the developer shall maintain it for a minimum of three years after construction is completed. The pond 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 ercent 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. Gradin and Erosion Control: Mg-Design an 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. NOTICE OF TYPE II DECISION PAGE 27 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES Permit from the City prior to construction. This permit will be issued along with the site and/or building permit. 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 will also need to acquire a NPDES permit through the City prior to construction Address Assi nments: The City o 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 $30.00 per address shall be assessed. This fee shall be paid to the City prior to approval of the final plat. For this project, the addressing fee will be $570.00 (19 lots+1 water quality tract X $30/address = $600.00). The developer will also be required to provide signsge at the entrance of the private street, Tract A, which lists the addresses that are served by that street. This will assist emergency services personnel to more easily find a particular home. Surve Re uirements Th-e app scan s ina p at shall contain State Plane Coordinates [NAD 83 (91 on two monuments with a tie to the City's global positioning system (GPS) geodetic control network ( C 22). These 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. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for 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). D. - IMPACT STUDY Section 18.390.050 states that the applicant shall provide an impact study to quantify the effect of 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 a requirement for public right-of-way dedication, or provide evidence that supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. Section 18.390.050 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. NOTICE OF TYPE II DECISION PAGE 28 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION Any required street improvements to certain collector or hi her 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 percent of the traffic impact of new development on the Collector and Arterial Street system. Presently, the TIF for a detached, single-family dwelling is $2,260. The internal streets within the subdivision are needed to allow the subdivision to develop and the need for these streets is created by the subdivision. Because the need for the internal streets is created by the development, the impact of the development is directly proportional to the cost of dedication and construction of the internal streets. The applicant is proposing to dedicate approximately 5 feet of right-of-way along SW 81St Avenue pnd to make half-street improvements. The- estimated cost of half-street improvements along SW 81" Avenue is $41,500 (332 feet x $125 a linear foot) and the estimated value of 5-foot dedication is $4,980 (1,660 square feet x $3 per square foot). Tqp applicant is additionally proposing to dedicate approximately 8 feet of right-of-wayy along SW 79 Avenue and to ake half-street improvements. The estimated cost of half-street improvements along SW 79" Avenue is $33,000 (264 feet x $125 a linear foot) and the estimated value of the 7-foot dedication is $6,336 (2,112 square feet x $3 per square foot). Upon completion of this development, the future builders of the residences will be required to pay TIF's totaling approximately $42,940 $2,260 x 19 dwelling units). Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $134,187 ($42;940 divided by .32). The difference between the TIF paid and the full impact, is considered as unmitigated impact. Full Im act 42,940=0.32 $134,187 Less T F Assessment 19 lots x $2,260).... 42,940 Less mitigated costs 86,779 81 ROW dedication and /2 Street Improvement 46,480 79th ROW dedication and Y2 Street Improvement 39,336 nmitigatea im FINDING: Since the value of the unmitigated impact exceeds the value of the required exactions, the requirements are roughly proportional. SECTION VII. OTHER STAFF COMMENTS The City of Tigard Public Works Department has reviewed the proposal and has no objections to it. The City of Tigard Operations Utility Manager has reviewed the proposal and has no objections to it. The City of Tigard Crime Prevention Officer has reviewed the proposal and notes that the applicant's plans identify the new east-west street as both "Anne Lane" and "Leiser Lane". RESPONSE: There is already an "Ann Place" elsewhere in the City. The applicant cannot use "Anne Lane", that is why the subsequent plans show "Leiser Lane." The City of Tigard Forester has reviewed the proposal and offers the following comments: 1. TREE PROTECTION DEVICES (18.745.030) E. PROTECTION OF EXISTING VEGETATION. Existing vegetation on a site shall be protected as much as posse e. 1. The developer shall provide methods for the protection of existing vegetation to remain during the construction process; and 2. The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can be fenced, as in snow fencing which can be placed around the individual trees). NOTICE OF TYPE II DECISION PAGE 29 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION • • 1.1. All tree protection devices shall be located on the Tree Protection Plan. Any tree that will not be removed onsite that is within the limits of disturbance of this project must be protected. Any tree that is located on roe adjacent to the construction Project that will have more than 1 „ n its runt svstPm istur ed by construction activities shat also be Protected. 1.2. Details and specifications are required as to how the trees will be protected on site. 1.3. Provide a construction sequence including installation and removal of tree protection devices, clearing, grading, or installation of sediment and erosion control measures, and other activities that may be required to implement the tree protection measures. 1.4. Include in the notes on the final set of plans that equipment, vehicles, machinery, dumping or storage, or other construction activities, burial, burning, or, other disposal of construction materials must not be located inside of any tree protection device or outside of the limits of disturbance where trees are bein protected. No grading, filling or any other construction activity may occur within the tree protection devices at any time or outside of the limits of disturbance where trees are being protected unless approved by the City Forester. 1.5. All tree protection devices shall be: Visible. Constructed of 11 Gauge steel chain-link fencing supported on at least 2" O.D. steel posts. Each post shall be no less than four feet high from the top of grade. Each post shall be driven into the ground to a depth of no less than two and a half feet below grade. Each post shall be spaced no further apart than four feet. Between each post, securely attached to the chain-link fencing, shall be a sign indicating that the area behind the fencing is protected and no construction activity, including material storage, may occur behind the fencing. Approved in the field prior to clearing, grading, or the beginning of construction. Remain in place and maintained unfit all construction is completed and a final inspection is conducted. 1.6. To determine the size of the tree protection zone follow the guidelines listed below: For individual trees follow the trunk diameter method. For every one-inch of diameter at breast height (1361), or 4 '/2 feet above the ground, allow 12 inches of space from the trunk of the tree. For example, a tree that is 15° at DBH must have at least 15' of tree protection zone around the entire canopy of the tree. For groups of trees the tree protection zone must be outside of the dripline of the trees on the edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the trunk diameter method or the dripline method, whichever is greater. 1.7. Identify, on the Tree Protection Plan, the location of the stockpile area and the staging area (if different from the stockpile area). 1.8. All of this information must be included in the final plan's notes or drawings. 1.9. If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc.) the City Forester must be notified before any entry occurs. Before entering the protection zone a layer of at least five (5) inches of wood chips or mulch must be placed over the root zone where the vehicles will be driven. This method will minimize the adverse impacts of compaction from the equipment. When access to this area is no longer needed the wood chips or mulch must then be dispersed (somewhere onsite is okay) down to a level of not more than four (4) inches deep. 1.10. Specific to this project: All trees on the neighboring properties must receive the same protection guidelines as the trees on the applicant's site. If the tree protection guidelines outlined in the conditions of approval are not followed, moved after being approved in the field, knocked down during construction or are removed prior to the end of construction the project will be: Immediately shut down until the fencing is reinstalled according to the conditions NOTICE OF TYPE II DECISION PAGE 30 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION 0 0 of approval. Each Impacted tree shall be bonded for seven years in the amount of $5,000.00 per tree. Corrective action will taken by the applicant to address the damage done to the Critical Root Zones of each tree. Corrective action may include, but not limited to, loosening compacted soil, replacing graded soil or removing filled soil. A fine of $250.00 per day shall be assessed to the applicant for each day that the fencing is down. am concerned about the possibility of adequately protecting Tree # 90, 86, 77, 70, 68, 30, 28, 26, and the trees ranging in numbers from 201 up to 303 in the southwest corner of the site from grading, fill and/or compaction during construction: There are several large trees growing on the neighboring properties. that must also receive protection from construction trauma. All of the trees must be identified on the plans and accounted for in the tree protection guidelines. Fencing shall be installed on the construction site to protect these trees' roots just as the trees onsite will receive fenced protection. Most obvious are the trees growing on lots 5 & 6 in the Mara Woods Subdivision, which abuts Leiser Park to the northeast. On Lot #6 (7978 -SW Mara Court) there are several Douglas fir trees (31", 20", 13.7" and 29.3" at DBH) that must be carefully protected. On Lot #5 (7992 SW Mara Court) there are more Douglas fir trees (I have not been able to obtain the DBH measurements of these trees) that also must be protected on the Leiser Park side of the property. 2. ILLEGAL TREE REMOVAL (18.790.060.C.2 Payment of an additional civil penalty rep removed or damaged tree, as determined Arboriculture's Guide for Plant Appraisal. 3. TREE SPECIES SELECTION & PLANTING C. INSTALLATION REQUIREMENTS. follows: resenting the estimated value of any unlawfully using the most current International Society of (18.745.030) The installation 'of all landscaping shall be as 1. All landscaping shall be installed according to accepted planting procedures. 2. The plant material shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and any other future revisions); and 3. Landscaping shall be installed in accordance with the provisions of.this title. G. CONDITIONS OF APPROVAL OF EXISTING VEGETATION. The review procedures an standards or required an scaping an screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development. 3.1. It is recommended that all tree planting follow the guidelines set forth by the International Society of Arboriculture's tree planting -guidelines as well as the standapds set forth in the American Institute of Architects' Architectural Graphic Standards, 10 edition. In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil amendments and moth (cations. recommend that these guidelines be followed and adhered to at all times. 3.2. In order to develop tree species diversity onsite it is recommended that the following guidelines be followed: No more than 30% of any one family be planted onsite. No more than 20% of any one genus be planted onsite. No more than 10% of any one species be planted onsite. 3.3. 1 recommend that all of this information be included in the final plan's notes or drawings. NOTICE OF TYPE II DECISION PAGE 31 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION 0 0 SECTION VIII. AGENCY COMMENTS Tri Met has reviewed the proposal and notes that the proposed public street'connecting SW 79th and SW 81St is a welcome change to the existing [traffic circulation] development patterns in this area. Tualatin Valley Fire and Rescue has reviewed the proposal and has offered the following comments: FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roads shat have an unobstructed width o not less than 20 feet 15 eet for one or two dwelling units and out buildings), and an unobstructed vertical clearance o not less than 13 feet 6 inches. (UFC Sec. 902.2.2J) Where fire apparatus roadways are less than 28 feet wide, "NO PARKING" signs shall be installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways are 32 feet wide or more, parking is not restricted. (UFC Sec. 902.2.4) Narrower streets with parking on both or one side will be allowed when they are designed and constructed in accordance with the guidelines contained in the City of Tigard's Transportation System Plan. Tract A shall be posted with "No Parking" signs or be designed to Tigard's narrow street standards. 2) SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface that is easily distinguishable from the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 50,000 pounds live load (gross vehicle weight). You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. Documentation from a registered engineer that the finished construction is in accordance with the approved plans or the requirements of the Fire Code may be requested. (Design criteria on back) (UFC Sec. 902.2.2 3) SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE )HYDRANTS: Fire hydrants for single aml y we Ings, duplexes an sub-divisions, shall be placed at each intersection. Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an intersection as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as approved by the Chief. (UFC Sec. 9034.2.2 4) FIRE HYDRANT DISTANCE FROM AN' AC~ESS ROAD: Fire hydrants shall be located not more than 5 feet rom an .approved ire apparatus access roadway. (UFC Sec. 903.4.2.4) s) REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation o reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly. (UFC Sec. 901.4.3) 6) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single family dwellings an duplexes shall be 0 a ons per minute. If the structure(s) is(are) 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Table A-III-A-1. UFC Appendix III-A, Sec. WUPPLY 7) ACCESS AND IRE F ppHTNG R DURING CONSTRUCTION: Approved fire apparatus access roadways and fire fighting water supplies shall be installed an operational prior to any other construction on the site or subdivision. (UFC Sec. 8704) SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: o1T tice was posted at City Hall and mailed to: X The applicant and owners Owner of record within the required distance X_ Affected government agencies NOTICE OF TYPE II DECISION PAGE 32 OF 33 SUB2002-MIO - LEISER PARK SUBDIVISION • Final Decision: • EF- THIS DECISION IS FINAL ON MAY 12, 2003 AND EFFECTIVE ON MAY 28, 2003 UNLESS AN APPEAL IS FILED. Appeal: The Director's Decision is final on the date that it is mailed. Any party with standing 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 of 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 heanng, subject to any additional rules of procedure that may be adopted from time fo time by the appellate body. . THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 27, 2003. Questions: If you have any questions, please call the City of Tigand Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171 E94 30 Morgan Tracy Associate Pla ner May 12, 2003 DATE May 12, 2003 DATE is\curpln\morgan\workspace\sub\sub2002-00010 (leiser park)\sub2002-00010 decision.doc NOTICE OF TYPE II DECISION PAGE 33 OF 33 SUB2002-00010 - LEISER PARK SUBDIVISION i 1 TL 200 TL 100 ~1► 'l LOT 6 LOT 9 1 tt~~ LOT 10 A R A W Q 0 I I X11 M 6 7 $ 9 1 1 I 1 I a>ti~w-- f ~s~~- 1 4__• -1 1 ---i-- I - L 1 If) s ~p.p~J 11 ~ ~ i I I I<~ I l I I I _ I: ~ ~;~1 1 S LOT LOT 11 LOT 12 LOT 13 1 I I I I~ I I I I LOT 14 I LOT 15 TL lloo Li - - - - l(F- I, I 1 1 =1 I l 1 I LOT 2 I LOT 3 ; LOT 4 I I I LOT 19 I LOT 16 I LOT Il I L07 16 !i I I l i 1 i I I I I I it I I ~ ! 2 TL 8900 . TL 2800 R A 12 vs 1 TL 8800 I 11 (JW Srm PLAN of TIGARD N II) SUB2002-0001 ONAR2002-00046NAR2002-00047 LEISER PARK SUBDIVISION is not to , • • EXHIBIT B .7. 7 Cite of Tigard Attn: Morgan Tracv . Planning Division Ky ~ d 2003 13125 S.W. Hall Blvd Re: Leiser Park Subdivion Tigard, Oregon 97223 Sub 2002-00010 This request is for installation of proper surface drainage (by the developer) that will guarantee that the surface drainage from the new subdivision located across from our property at 14630 S.W. 79h Ave. will not end up running across S.W. 7901 and onto our property (which consists of two parcels extending out to S. W. Bonita Rd.) or any other property located on the East side of S.W. 791` Ave. I attended a public meeting dealing with this subdivision. I asked the party in charge of the meeting about the details of this surface drainage for the new subdivision and got the quick answer that the existing surface drainage was sufficient to handle what will come from the new subdivision and no further details were needed. I can assure you that this certainly did not instill any confidence in me that they were providing correct and sufficient surface drainage for the new subdivision. A few years ago when the property on the S.W. corner of the intersection of S.W. 79'h Ave. and Bonita Road was developed the surface water ended up draining onto our property instead of going into the drainage system that was installed. The City of Tigard finally installed additional drainage and blocked the path to our property. The only time a problem arose after this work was done was when a water main broke at this intersection and flooded several pieces of property. After you have reviewed the surface drainage design for this new subdivision I request a letter assuring me that such review was made and any changes to the design have been made so that no water from the subdivision will flow, on the surface, across S. W. 79t` Ave. We are pleased with the type of subdivision that has been planned for this area and hope that no changes will be made to the type of lots and housing that is now planned. Yours truly, R.E. Gillmor, 14630 S.W. 79"` Ave. Tigard, OR 97224 V TO: Morgan Tracy FR: Mark & Lisa Walker RE: LEISER PARK SUBDIVISION NO VARIANCE REGARDING NUMBERS 1, OR 2 IN THE PROPOSAL!!! RECEIVED PLANNING MAR 18 2003 CITY OF TIGARD Mitigation of trees is an important part of any city ordinances and zoning! Those trees are over 80 years old! The city of Tigard needs to quit rolling over for these developers who want to make their profits and run! Start being responsible with our city and enforce the codes as they are written! Mitigation standards are to easy as it is, who wants to wait 10 to 20 years for the cheap seedlings to grow. Why doesn't the city make the developers put in a more mature tree anyway? Mark Walker 14827 sw 79th ave Tigard Or. 97224 KENNETH M PETERSON 7978 SW MARA CT TTIGARD, OR 97224-7353 TEL 503.603.9395 03/25/03 Mr. Morgan Tracy, Associate Planner City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Mr. Morgan: This letter expresses my concern that the accounting and marking of trees for cutting in the Leiser Park subdivision, No. 2002-00010, may contain inadvertent errors. The cut vs. leave lists seem confusing. My south property line abuts the subdivision, and many of the trees slated for removal provide valuable shade for our property during the summer. Therefore, although I understand and accept the need for cutting to accommodate the development and the two variances, 2002-00046 and - 00047, I am concerned about the possibility that trees may be erroneously marked for cutting due to confusion in the tables shown in Appendix A of the plan. In particular, there is a loose addendum to Spreadsheet A listing trees "mismarked on tree removal plan 12.4.02." These trees are listed as being added back to the number in the "leave" column, i.e. not cut. But in a subsequent chart, also part of the Addendum A, another list shows trees to be removed "due to grading for fill because of off-site utility depth." I presume these are the trees that were added back to the "cut" column in accord with the two variances. There is remarkable overlap.between these two lists. Trees that are of concern to us are Nos. 66, 72, and 95, which would we would be sorry to see cut. I am concerned that the tree marking behind our lot, which has seemingly already occurred, may contain an error or two because of these confusing lists, and I am requesting a careful audit of the markings to make sure there are no mistakes. A tree accidentally cut cannot be magically replaced! I and my immediate neighbors consider the tall trees behind our properties to be valuable assests, and we request that every care be being taken to preserve as many of them as possible. Sincerely, U46J~~ Kenneth M Peterson • • City of Tigard Morgan Tracy, AICP Planning Division 13125 SW Hall Blvd. Tigard, OR 97223 (503) 6394171 Associate Planner Re: Pending Land use application subdivision - Leiser Park Subdivision (SUB) 2002-00010 Variance (VAR) 2002-00046 Variance (VAR) 2002-00047 To Whom it may concern, My name is Janice DeKorte. I live at 8040 SW Bonita Rd. Tigard, OR 97224 This letter is in response to the Leiser Park Subdivision letter I received dated March 10, 2003. I own the %Z acre that backs up to the property in this proposed development. I would like your consideration concerning my thoughts on this project. I am in favor of the land being used in this manner. I believe it would be a positive addition to our area. I strongly wish you to consider the following on my behalf. My driveway is directly on Bonita Rd. Many times, it has been a safety issue for me. As you know it is a very busy street. I am proposing that the developer puts me on the end of a street in his development, so that I enter my property from the southern side. The developer that was to develop this property last year, said I was at the end of a street on his proposed plans. If he is the same developer, you would have a copy of what that plan looked like. Enclosed is a drawing so you have an understandjng on what I feel would be acceptable to me. He also said that the city would require that he would provide a driveway apron for me. He also mentioned that I would be provided a future sewer stub out on my property. As you know, I am on septic and I would love to be on the city sewer system. My requests are as follows: My driveway that enters onto Bonita Rd. be closed off. New entrance would be relocated to the south side of my property. My new driveway entrance would be through the new street in the Leiser Park development. This would he of a benefit to the city of Tigard, due to traffic control and also safety concerns on Bonita Rd. New driveway apron and property entrance to new driveway is to be provided by developer. I would request that I am given the new driveway to be extended to be joined to connect to existing driveway on the east side of the property. This would border south and east side of property. 2. My existing driveway onto Bonita Rd. would be closed off. City would remove Driveway apron and complete conversion to sidewalk use only. 3. Request developer to provide new sewer stub out to our property line to facilitate connection to our existing home and also a considered second home we may build in the future. ( our property is sub dividable) 4. Request that all major trees be preserved as possible. Thank you for your time and interest in my concerns. I wish continued success on this endeavor for the developer and also the City of Tigard. Sincerely, Janice DeKorte 8040 SW Bonita Rd. Tigard, OR 97224 (503) 639-1465 (503) 703-5754 i Pic,,-,. -7- v Vh N 05/27/20UJ 15:24 FAA 5035VO16 1.111 ur' 11laA" • Wuv~ EXHIBIT C APPEAL FILING FORM - FOR LAND USE DECISIONS CITY OF TIGARD 13125 SW Hall Blvd., Tlgarnl, OR 97223 (503) 639-4171 FAX (503) 684-7297 The City of Tigard supports the citizen's right to participate in local government. Tigard's Land Use Code, therefore, sets out specific requirements for filing appeals on certain land use decisions. The following form has been developed to assist you in filing an appeal of a land use decision In proper form. To determine what filing fees will be required or to answer any questions you have regarding the appeal process, please contact the Planning Division or the City Recorder at the phone/fax listed at the top of this form. GENERAL INFORMATION Property Address/1_ocation(s) and Name(s) of the Application Being Appealed: U I I Cti ~F Q fv60, y, fr a..~ VA 0~ 2-002 - 0,3 o L14 y~ L--(-1L\oLJ-Y 109 Z-00 Z -OOD 10, How Do You Qualify As A Party?: Appellant's Address: / 11,C]c s C.1 Z 19 V A Ciiy/State: f O ka- Zip: G'I 7 'L Z 3 Day Phone Where You Can Be Reachedt.&D L6 ~rYc7 r~ r-~- Scheduled Date Decision is To Be Final: !M A w LZ- -1--401 Date Notice of Final Decision Was Given:. MAC. L, T u Q Specifics Grounds For Appeal or Review: ,)C#42L(,l'C f'~h_ tL 1.1C KAL c7 9 T G crr Tb C', J0, eT(,-. J ja /7Z rL o V A(, r r c vfC FOR STAFF USE ONLY Case No.(s): con /b Case Name(s):L° i.SP.1"S~(sb, Receipt No.: ,Z D o 3- a l G `/t' Application Accepted Bv: C - 61.r1~ Date: roved As To Fomt By. Date: Denied As To Fort By. Date: ".I Aug42 Ilcupinllnssteralrevisadla l.aa REQUIRED SUBMITTAL-ELEMENTS ✓ Application Elements Submitted: Appeal Filing Form (ooropmm) Filing Fee (based on criteria bdow) Y Dk0CW%0edsl0nLpPWr4*VC nM16 on $ X60.00 Y e9eaw Ftev(ew (4"*W) i 300.00 > Nem(np PRAM li 800.00 )o- pww im cogn8s owHeskda officario aty coundl i1,7C0A0 (0 T-cr" Signature(s)of APPEAL FILING FORM FORlANO USE DECISIONS (OVER FORADOMONAL WRUNG SPACE) ' a 3 ur l~ue+►~ 0 FA1C 5035981 /27/200' 15124 N5 ~Cont'd) . ~ pEGlS1O v . D US FQRN► FOR FIL~~C' APPVAL j - CITY OF TIGARD 13125 SW Hall Blvd. Tigard, Oregon 97223 (503) 639-4171 Receipt 27200300000000002164 5/28/2003 9:02:21 AM Date: 05/28/2003 Line Items: Case No Tran Code Description Revenue Account No Amount Paid SUB2002-00010 [LANDUS] APPEAL DD - PLN COM 100-0000-438000 250.00 Payments: Line Item Total: $250.00 ivietnou Yayer User ID Acct/Check Approval No. How Received Amount Check MATRIX DEVELOPMENT cac 26211 In Person Payment Total: 250.00 $250.00 0 Page 1 of 1 cReceipt.rpt 0026211119 4 1 2 3000 2 201: 1 S 36000 10 1 SBul • • LEISER PARK A 19 Lot Subdivision APPEAL Case No. SUB2002-00010 Decision Date: May 12, 2003 (Section 18.390.040.6.2 ) City of Tigard, Oregon a• Agent: PLA SR Design LLC Contact: Steve Roper, PE 8196 SW Hall Blvd., Suite 232 Beaverton, OR 97008 office 503.469.1213 fax 503.469.8553 Applicant: Matrix Development Corporation Contact: Craig Brown 12755 SW 69th Avenue, #100 Portland, OR 97223 (503) 620-8080 x. 222 • • Leiser Park Subdivision A Proposed 19-Lot Single Family Detached Residential Subdivision Background Information • Property Location • Project Size: • Legal Description: Project Name: Comprehensive Plan Designation: Current Zoning: Citizen Involvement Team: Between S.W. 79th and 81 st Avenues, just south of Bonita Road Total 4.36 acres (Leiser property = 2.48 acres; Kuentzle property = 1.88 acres) Tax Lots 00300 and 02800, NW of Section 12, T2S, R1 W, W.M., Tigard, OR (TL00300 in T2S, RIM Section 12BC and TL02800 in T2S, R1 W, Section 12BD) Leiser Park Low Density Residential R-4.5 South • APPEAL: Per City of Tigard Development Code, Section 18.390.040.G.1.a., the applicant (Matrix Development Corporation) has standing to appeal a Type II Administrative Decision. This appeal has been prepared to respond to the following Conditions of Approval: Condition 6. We would like to have the entire condition removed and replaced with the following wording: "The tree protection fencing shall be placed under the direction of the project arborist". The tree protection is the developer's liability and responsibility; therefore, the placement of the tree protection fencing should be under the direction of the developer's consultant, not the City Forester's direction. There are many situations where the drip line can to be encroached upon for construction with no resulting damage to the tree. If the guidelines of the City's arborist were to be followed, many more trees would have to be removed to allow for the construction of the homes. It is the developer's intent to save as many of the trees as possible. Condition 12 and 13. We would like to add the following wording to Condition 12 and 13: "If these improvements are impractical to build with this development, then upon receiving the City Engineer's consent, a fee-in-lieu for these street improvements shall be paid by the developer". Condition 15. The applicant would like to have the wording "driveway aprons" removed from this condition, because the location of the aprons will not be determined until the time of home construction. Condition 40 and 41. This condition fails to take into account the proposed mitigation, and to the extent that additional tree damage/loss does not exceed the amount mitigated for, Condition 40 should not be applicable until the amount of trees mitigated for has been exceeded. Condition 42. This condition is excessive and unnecessary. EXHIBIT D i LEISER PARK 19 LOT SUBDIVISION City of Tigard, Oregon Agent: SR Design LLC Contact: Steve Roper, PE 8196 SW Hall Blvd., Suite 301 Beaverton, OR 97008 office 503.469.1213 fax 503.469.8553 Applicant: Matrix Development Corporation Contact: Craig Brown 12755 SW 69th Avenue, #100 Portland, OR 97223 (503) 620-8080 • 9 LESSER PARK SP AppEN~ M A Marsh 612003 01 Addendum Spreadsheet A Trees removed in R.O.W. of 79th and 81st • Tree Assessment Using Multi-stems Average Method Surveyed Field Cruised Tag Ws Tree Types/ size/ trunks / tag Actual 12" Leave & Over (in.) Cut Rounded Dia. Class (in.) Leave Cut 1 TR C 17 1 19.6 20 2 TR D 28 2 24.3 24 3 TR C 15 3 16.8 17 6 TR C 14 6 16.9 17 8 TR C 24 8 23.4 23 9 TR C 15 9 19.3 19 10 TR C 24 10 23.8 24 12 TR D 14 12 13.0 13 13 TR D 15 13 15.4 15 14 TR C 24 14 24.2 24 15 TR D 16 15 16.4 16 16 TR C 26 16 26.0 26 17 TR C 24 17 26.8 27 18 TR C 24 18 24.0 24 19 TR C 30 19 26.7 27 20 TR C 26 20 22.3 22 21 TR C 30 21 29.4 29 23 TR D 24*4 23 15.0 15 24 TR C 18 24 18.9 19 25 TR C 18 25 16.3 16 26 TR D 22*2 26 20.3 20 27 TR'C 24 27 24.1 24 28 TR C 24*2 28 24.6 25 30 TR C 32*2 30 30.2 30 35 TR D 18 35 17.0 17 36 TR C 14 36 15.0 15 37 19.5 19 38 16.1 16 41 TR C 26 41 23.3 23 42 TR C 26 42 24.6 25 43 TR D 20 43 15.7 26 44 TR D 18 44 13.6 14 45 TR C 30 45 38.0 38 47 12.8 13 50 TR D 16 50 12.4 12 51 TR D 16 51 12.0 12 52 TR D 18 52 16.5 .17 55 TR D 28 55 23.3 23 57 TR D 16 57 16.2 16 59 TR D 22 59 19.5 19 60 TR D 22 60 17.6 18 65 TR D 14 65 12.3 12 66 TR C 14 66 15.4 15 67 TR C 28 67 29.7 30 68 TR C 32 68 34.0 34 70 . TR C 16 70 17.7 18 71 TR C 20 71 23.0 23 72 TR C 26 72 24.9 25 77 TR C 20 77 17.8 18 79 TR C 16 79 14.0 14 83 TR C 14 83 12.8 13 86 TR C 18 86 15.5 15 87 TR C 18 87 19.8 20 89 TR C 20 89 14.9 15 Addendum Spreadsheet A Trees removed in R.O.W. of 79th and 81st 0 Tree Assessment Using Multi-stems Average Method Surveyed Field Cruised Tag Ws Tree Types/ size/ trunks / tag Actual 12" Leave & Over (in.) Cut Rounded Dia. Class (in.) Leave Cut 90 TR C 16 90 12.4 12 92 TR C 26 92 22.8 23 95 TR C 26 95 20.5 20 97 TR C 28 97 22.4 22 98 TR C 24 98 15.5 15 102 TR C 26 102 20.7 21 104 TR C 24 104 12.5 12 106 TR C 14 106 14.3 14 108 TR D 14108 14.9 15 109 TR D 14 109 12.5 12 130 TR D 22*3 130 15.8 16 131 TR D 24 131 18.4 18 132 TR D 18 132 13.3 13 133 TR D 16 133 17.5 17 136 TR D 22*2 136 16.2 16 137 TR D 18 137 12.6 13 139 TR D 24*2 139 18.0 18 140 TR D 32 140 23.3 23 141 TR D 20 141 13.5 13 147 TR D 24 147 13.5 13 148 TR D 20 148 13.2 13 150 12.0 12 152 TR D 18*5 152 12.7 13 156 TR C 24 156 19.8 20 167 TR C 14 167 11.9 12 168 TR C 14 168 13.1 13 169 TR C 14 169 14.4 14 172 TR D 16*2 172 14.6 15 176 TR D 16*5 176 13.2 13 177 TR D 14*3 177 12.6 13 179 TR D 24 179 15.4 15 180 TR D 20*5 180 16.8 16 184 TR D 20 184 15.2 15 190 TR D 20*4 190 13.0 13 198 TR D 24*5 198 14.6 15. 199 TR D 20*2 199 12.7 13 200 14.9 15 201 TR D 16 201 13.7 14 201-2 14.6 15 .202 TR C 20*4 202 16.7 17 203 TR D 24*3 203 18.1 18 204 TR C 26 204 21.0 21 205 TR C 26 205 19.7 20 206 TR C 26 206 22.0 22 207 TR D 24 207 17.7 18 208 TR D 20 208 13.1 13 209 TR D 22*2 209 14.5 14 210 TR D 14 210 13.6 14 211 TR C 32 211 25.8 26 212 TR D 20*2 212 13.3 13 213 TR D 14 213 11.9 12 214 TR D 18 214 14.0 14 217 TRC26217 21.3 21 218 25.0 23 • Addendum Spreadsheet A Trees removed in R.O.W. of 79th and 81st Tree Assessment Usina Multi-stems Average Method Surveyed Field Cruised Tag Ws Tree Types/ size/ trunks / tag Actual 12" Leave & Over (in.) Cut Rounded Dia. Class (in.) Leave Cut 219 TR C 34 219 33.5 33 219-1 23.5 24 220 TR C 30 220 32.0 32 221 TR D 16*2 221 13.5 13 222 TR D 20*5 222 14.6 15 223 26.0 26 225 TR D 20*4 225 14.5 14 227 TR D 18*2 227 16.6 17 228 TR D 20 228 13.5 13 229 TR D 20 229 15.5 15 230 TR D 24 230 18.0 18 236 TR C 20 236 17.0 17 239 TR C 20 239 19.3 19 240 TR D 16*2 240 12.3 12 242 TR D 24 242 18.0 18 243 TR D 20*2 243 14.0 14 244 TR D 30 244 24.0 24 252 TR D 20*6 252 13.4 13 256 TR D 24*5 256 17.8 18 256-1 12.1 12 256-2 20.0 20 256-3 17.9 18 256.4 18.4 18 257 TR D 24 257 16.4 16 260 TR D 26 260 19.2 19 261 TR D 16 261 12.4. 12 266 TR D 16 266 13.2 13 269 TR D 14 269 12.0 12 270 TR D 14 270 11.8 12 272 TR D 26 272 18.0 18 273 TR D 28 273 21.5 21 275 TR D 22*4 275 14.1 14 276 TR D 24 276 23.5 23 277 TR D 20 277 20.6 21 278 TR D 18 278 16.4 16 279 TR D 20 279 17.9 18 287 TR D 24*3 287 12.8 13 287-1 D 14.8 15 292 TR C 14 292 13.5 13 294 TR D 18 294 13.3 13 301 TR C 30*4 301 18.9 19 302 TR D 18*7 302 13.6 14 302-2 17.7 18 302-3 14.7 15 303 TR D 20 303 17.2 17 304 TR D 20 304 18.2 18 305 TR D 26 305 24.6 25 306 TR D 18 306 14.5 14 307 TR D 24 307 20.0 20 308 TR D 24 308 20.1 20 309 TR D 22*2 309 15.2 15 315 12.2 12 316 TRD24316 18.9 19 318 TR D 20*3 318 14.0 14 • Addendum Spreadsheet A Trees removed in R.O.W. of 79th and 81st • Tree Assessment Using Multi-stems Average Method Surveyed Field Cruised Tag #'s Tree Types/ size/ trunks / tag Actual 12" Leave & Over (in.) Cut Rounded Dia. Class (in.) Leave Cut 364 TR C 28 364 14.5 14 2021 C 23.8 24 2033 C 33.0 33 2034 C 19.8 20 2035 C 24.7 25 2036 C 25.0 25 2037 C 22.4 22 Retain trees w/ tags 2034, 2035, 2036 69.5 -69.5 70 -70 Retain mismarked on 12-4 (see notes below) 293.7 -293.7 291 -291 Retained mismarked trees on Tree Removal Plan 12-4-02 These trees were marked for removal on the plan C4. After comparing removal list, it was discovers that these were not on the list even though they were marked on map. Field Cruised Tag #'s Actual 12" & Over (in.) Leave Cut Rounded Dia. Class (in.) Leave Cut 12 13.0 13 13 15.4 15 14 24.2 24 16 26.0 26 17 26.8 27 41 23.3 23 42 24.6 25 50 12.4 12 51 12.0 12 66 15.4 15 95 20.5 20 97 22.4 22 98 15.5 15 104 12.5 12 67 29.7 30 Totals 293.7 Inches 291 15 Trees 15 The trees to be removed in the R.O.W. due to Construction of Streets to City Standards Tag #'s Actual 12" & Over (in.) Leave Cut Rounded Dia. Class (in.) Leave Cut 1 19.6 20 2 24.3 24 3 16.8 17 23 15.0 15 24 18.9 19 25 16.3 16 307 20.0 20 315 12.2 12 Inch Totals 143.1 143 Tree Totals 8.0 8.0 • Addendum Spreadsheet A Trees removed in R.O.W. of 79th and 81st • Tree Assessment Using Multi-stems Average Method Surveyed Field Cruised Tag #'s Tree Types/ size/ trunks / tag Actual 12" & Over (in.) . Leave Cut Rounded Dia. Class. (in.) Leave Cut Percentage Trees Retained Retain per tag 2034, 2035, 2036 3.0 -3.0 3.0 -3.0 Retain mismarked @ 12-4 15.0 -15.0 15.0 -15.0 Trees in 79th and 81st ROW 8.0 -8.0 8 -8 Tree Count 93 76 93 76 Percent Retention Based on Tree Count 55.0% 55.0% Therefore, Tree Mitigation is based on 50% prior to any Grading problem. Percentage of Inches Retained Total Cut Inches 12" & over 1463.4 1465.0 Percent Cut Based on Total Inches 48.0% 48.1% Total Retained Inches 12" & Over 1585.7 1582.0 Percent Retention Based on Total Inches 52.0% 51.9% Miti atable Inches @ % Rate = 50% of Cut 731.7 732.5 The trees to be removed due to grading for fill because of offstte utilt de nth. Tag #'s Actual 12" & Over (in.) Leave Cut Rounded Dia. Class (in.) Leave Cut 12 TR D 1412 13.0 13 13 TR D 15 13 15.4 15 14 TR C 24 14 24.2 24 16 TR C 26 16 26.0 26 17 TR C 24 17 26.8 27 41 TR C 26 41 23.3 23 42 TR C 26 42 24A 25 43• TR D 20 43 15.7 26 47 12.8 13 50 TR D 16 50. 12.4 12 51 TR D 16 51 12.0 12 55 TR D 28 55 23.3 23 66 TR C 14 66 15.4 15 72 TR C 26 72 24.9 25 95 TR C 26 95 20.5 20 97 TR C 28 97 22.4 22 98 TR C 24 98 15.5 15 104 TR C 24 104 12.5 12 287-1 D 14.8 15 Inch Totals 355.5 363.0 Tree Totals 19.0 19.0 • Addendum Spreadsheet A Trees removed in R.O.W. of 79th and 81st • Tree Assessment Using Multi-stems Average Method Surveyed Field Cruised Tag Ws Tree Types/ size/ trunks / tag Actual 12" & Over (in.) Leave Cut Rounded Dia. Class (in.) Leave Cut Percentage Trees Retained w/o Excessive Grading Trees due to grading 19.0 -19.0 19 -19 Tree Count Percent Retention Based on Tree Count 112 57 66.3% 112 57 6 Therefore, Tree Mitigation is also based on 50% with Grading problem. Percentage Inches Retained w/o Excessive Grading Total Cut Inches 12" & over 1107.9 1102.0 Percent Cut Based on Total Inches 36.3% 36.2% Total Retained Inches 12" & Over 1941.2 1945.0 Percent Retention Based on Total Inches 63.70/6 63.8% Mitigatable Inches @ % Rate = 50% of Cut 554.0 551.0 t r 1 1 1 1 1 1 1 1 r i r i • Table of Contents Leiser Park Subdivision • ♦ Applicant's Statement ♦ Variance Application ♦ Economic Hardship Variance ♦ Reduced Plan Set ♦ Drainage Report ♦ Title Report #1 ♦ Title Report #2 ♦ Pre-Application Conference Notes ♦ Washington County Name Approval ♦ Clean Water Services "Service Provide Letter" ♦ Wetland Determination Form ♦ Neighborhood Meeting Information ♦ Arborist's Tree Protection Requirements ♦ Spreadsheet A ♦ Transportation Impact Study ♦ Subdivision Application JAN 2 3 203 Applicant's Statement 0 0 • Leiser Park Subdivision A Proposed 19-Lot Single Family Detached Residential Subdivision A. Background Information • Property Location: Project Size: Legal Description: Project Name: Comprehensive Plan Designation: Current Zoning: • Citizen Involvement Team: • Applicant: Project Engineer: • Project Planner: Between S.W. 79th and 81St Avenues, just south of Bonita Road Total 4.36 acres (Leiser property = 2.48 acres; Kuentzle property = 1.88 acres) Tax Lots 00300 and 02800, NW of Section 12, T2S, R1 W, W.M., Tigard, OR (TI-00300 in T2S, R1 W, Section 12BC and TL02800 in T2S, R1 W, Section 12BD) Leiser Park Low Density Residential R-4.5 South Matrix Development Corp. Craig Brown, Vice President 12755 SW 69th Avenue, Suite 100 Portland, OR 97223 (503) 620-8080 x. 222 (503) 598-8900 Steve Roper, P.E. SR Design LLC 8196 SW Hall Blvd., Suite 301 Beaverton, OR 97008 (503) 469-1213 (503) 469-8553 Robert Price, Consultant Planning and Development Services 3935 NE 72nd Avenue Portland, OR 97213-5711 (503) 281-1037 • B. Project Overview • The applicant, Matrix Development Corp., is proposing to develop the above-referenced adjoining parcels as a single project. The first parcel was purchased from Kuentzle (Tax Lot 2800) and the second parcel is under option from Leiser (Tax Lot 300). The parcels total 4.36 acres, and the applicant is proposing to develop the parcels into a 19-lot subdivision for detached single-family dwellings. The site is located between SW 79th and 81St Avenues, just south of Bonita Road in Tigard. Lot 16 of the proposed development plan (located on the Kuentzle property) has an existing single family dwelling in place, which will be removed. All 19 lots will be developed with new dwellings. There will be no open space tract. There will, however, be two private tracts, one for private street access to Lots 9 and 10 (Tract A which is 2,885 square feet) and one for water quality/water detention adjacent to Lot 15 (Tract B which is 3,440 square feet). A new city standard residential street will connect SW 79th Avenue west to SW 81 st Avenue. The name chosen for this street will be Leiser Lane. SW 80th Avenue will be connected to the existing 3/ street that is stubbed to the southerly property line located in Raze Meadows In addition, there will be two lots, lots 9 and 10 that will be served by a 27-foot wide private street tract (Tract A) off Leiser Lane, between Lots 8 and 11, as illustrated on Sheets CO and C2. This 27-foot wide private street tract will be approximately 108 feet in length. Lots 8 and 11, although they are directly adjacent to the private street, will take access off of Leiser Lane. A deed restriction will be included that will prevent future residents from taking access off of the private street. Lot sizes will range from a minimum of 7042 square feet (Lot 8) to a maximum of 8,226 square feet (Lot 16). Average lot size will be 7,505 square feet. A storm water facility will be located within the tract located between Lot 15 and the street right-of-way for SW 79th Avenue (Tract B). This tract is approximately 3,440 square feet in size. The Kuentzle parcel, the smaller of the two parcels at 1.88 acres, is bound by the Mara Woods subdivision to the north which is zoned R-7, and a single family dwelling on the property to the south which is currently zoned R-4.5. Across SW 79th Avenue are two larger lots zoned R-12 (roughly the size of the Kuentzle and Leiser properties combined together) with one single family dwelling on each lot. These two lots are eligible for redevelopment at some undetermined point in the future. The Leiser parcel is bounded on the north by two parcels (Tax Lots 100 and 200), both of which have single-family dwellings on them. To the south is the Raze Meadows subdivision. These properties are currently zoned R-4.5. Across SW 81 st to the west is a large lot also zoned R-4.5 and has a single family dwelling that also serves as the headquarters of a small logging business. The proposed subdivision site is undulating in its topography, and is significantly below the grade of SW 81St Avenue. The easterly portion of the site is approximately at grade with SW 79th Avenue. Topography ranges from a maximum of 182 MSL at the westerly edge at SW 81St Avenue to a low point on the Leiser parcel of 172 MSL, to a high point of almost 177 MSL on the Kuentzle parcel to 170 MSL on the easterly edge at SW 79th Avenue. A significant amount of grading and fill will be required to level the site for purposes of development. An engineer's preliminary calculation indicates that approximately 1,000 cubic yards of fill will need to be imported to this site in order to prepare the site for development of ' the proposed subdivision. However, approximately 5,000 additional cubic yards must be regraded within the site to compensate for issues arising from some prior construction, which will be discussed in detail later in this narrative and in the Variance Application Narrative, ' resulting in a total grading of 6,000 cubic yards of material. The development site contains 169 trees that are in excess of 12 inches diameter (DBH, or ' Diameter at Breast Height). These trees are located and illustrated on Sheets C1 and C4 of the development plans. As many trees as possible have been retained in the development plan, but a significant number of trees must be removed in order to allow full development of the site. C. Compliance with Chapter 18.430 - Subdivisions ' Section 18.430.010 Purpose ' Response: The Purpose statement of the Subdivisions chapter contains six individual purposes. In this particular application, the purpose statements that are being focused upon are numbers 2 and 5. These state: 2. To carry out the development pattern and plan of the City; and 5. To provide adequate light and air, prevent overcrowding of land, and facilitate ' adequate provision for transportation, water supply, sewage and drainage; This particular site of 4.36 acres is covered with a significant number of trees that are in ' excess of the 12-inch caliper threshold upon which the city's tree removal ordinance (Chapter 18.790) shall apply. Development of this site will require removal of many of the trees. The applicant has proposed lots and building sites for single-family detached dwellings, which is the general development pattern of the immediate vicinity. To the ' greatest extent possible, trees on the site will be preserved, given the development plan for the site. ' As many trees as possible have been planned for retention and protection, as a result over 1/2 of the trees saved (88 of the 169 total trees on the site can be accommodated). With a lotting pattern as designed, including the necessary streets and utilities, the subdivision is the ' best possible layout that will "carry out the development pattern and plan of the City' and "will prevent overcrowding of land". The site plan preserves, to the greatest extent possible, the existing landscape features of the site, considering the site is designated for residential development. The development plan for this site serves to implement the city's comprehensive plan under ' the existing zoning, complying with the appropriate and applicable development standards. The plan also fulfills the other individual portions of the Purpose statement by: ➢ promoting the public health, safety and general welfare; t ➢ lessening congestion in the streets; ➢ encouraging the conservation of energy resources. 1 0 0 e Section 18.430.020 General Provisions Response: This application represents the request for review and approval through the two-step process specified in subsection A of this Section of the Community Development Code. Using the "approval criteria" for the preliminary plat as contained in Section 18.430.040, the applicant has addressed all appropriate and applicable criteria and factors. Other required provisions of this Section are as follows: Subsection B - Compliance with ORS Chapter 92. This Section requires that this "subdivision shall be in conformity with all state regulations set forth in ORS Chapter 92". This subdivision will meet all standards and requirements of ORS Ch. 92. Subsection C - Future Re-division. This subsection requires that, in large lot subdivisions, all lots be of such size as to facilitate future re-division. This proposed subdivision contains no lots that can be re-divided in the future, under the current R-4.5 zoning district. Subsection D - Lot averaging. This subdivision will be created using lot averaging. Lot sizes will range from a minimum of 7,042 square feet (Lot 8) to a maximum of 8,226 square feet (Lot 16). Average lot size will be 7,505 square feet. The smallest lot, Lot 8, is 94% of the minimum lot size of 7,500 square feet for the R-4.5 zoning district. The largest lot, Lot 16, is 10% larger than the minimum lot size of 7,500 square feet for the R-4.5 district. All lot sizes include the easements for sanitary sewer, stormwater and utilities. Subsection E - Temporary sales office. Under this subsection the applicant/owner/developer is allowed to maintain a temporary sales office. At this time, the applicant is unsure whether or not there will be a temporary sales office at this project location. However, the applicant will pursue the requirements and standards of Chapter 18.785, Temporary Uses, if there will be temporary sales office established on this project site. Subsection F - Minimum flood damage. This site is not within the 100-year flood plain, as established by FEMA and recognized by the City. The flood elevation in this vicinity is 136 feet MSL, while the minimum elevation of this property is currently 172 feet MSL. After we required filling and grading on this site, the minimum elevation of the developed site will be approximately 170 feet MSL. Subsection G - Floodplain dedications. This provision will not apply because there will be no filling and grading in, or encroachment into the recognized flood plain. Subsection H - Need for adequate utilities. Sanitary sewer and water are directly available to the site through extensions of services for surrounding development projects. However, based on the original construction of sanitary and storm sewers in 1985, additional sewer lines must be planned, engineered and constructed in order to serve all proposed 19 lots. Other utilities such as gas, telephone, electrical, cable and others are also readily available to the site. Subsection I - Need for adequate drainage. A registered professional engineer who has designed the project in accordance with the city's engineering and design standards and requirements has designed the filling and grading of this site. • • ' Subsection J - Determination of base flood elevation. The project engineer has determined that the base flood elevation of this project site is 136 feet MSL. The plan for filling and grading has taken into account the base flood elevation. • Section 18.430.030 Approval Process Response: The applicant acknowledges the various steps of the process as set out in A through E of this Section, including but not limited to the review of the preliminary plat ' through a Type II procedure; Compliance with the stated approval. criteria; The review of the final plat through a Type I procedure; Recognition of the stated approval period; Need for and granting of an extension of the time limit for completion; and, the Phasing of development. The applicant reserves the right to apply for a time extension, as provided for in this section, in the event that the proposed subdivision is not fully and finally platted within the 1 %2-year time period specified in this Section. Any potential request for a time extension will follow the guidelines and requirements of the Code. 1 • Section 18.430.040 Approval Criteria: Preliminary Plat ' Response: There are four (4) specific approval criteria stated under subsection A. Approval criteria. These are stated and addressed below. The other part of this Section, subsection B. Conditions of approval then follows. A. Approval criteria. 1. The proposed preliminary plat complies with the applicable zoning ordinance and other applicable ordinances and regulations . ' Under the density computation formula as set forth in Section 18.715, this site may be developed for as many as 19 units. As a practical matter, when the site layout was prepared, 19 units could be sited on this property only if some lot sizes were reduced to allow for the necessary streets within the development. In order to maximize its considerable investment in the site, the applicant must have as many units as possible. Otherwise, ' site coverage, building height and setbacks will meet the requirements of the base zone. ' The site is zoned R-4.5 which allows "Single units, detached" as a permitted use. As such, the proposal to develop the site with 19 detached single-family dwellings meets the basic criteria as an allowed use. The ' proposed 19 lots is the allowable maximum to which the site might be developed. ' With regard to all other requirements of the zoning ordinance and other applicable ordinances and regulations, this proposed project and preliminary plat complies. ' 2. The proposed plat name is not duplicative or otherwise satisfies the provisions of ORS Chapter 92. • The proposed name of this 19-lot subdivision is Leiser Park. This name is not found to duplicate the name of any other subdivision within the City of Tigard or Washington County. As proposed, the preliminary plat for this project satisfies all provisions of ORS Chapter 92, as well as Chapter 18.430 of the Tigard Community Development Code. 3. The streets and roads are laid out so as to conform to the plats of subdivisions and maps of major partitions 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 and road pattern. The main transportation feature of this project is the local residential street connecting SW 79th on the east to SW 81 st on the west. This connection is reasonable, practical and necessary to complete the local street pattern relative to this project site. In addition, the connection of SW 80th is provided to the existing stubbed street. Finally, the private street section (Tract A) that will serve Lots 9 and 10 is designed to serve as access to Lots 9 and 10 only. No other access from within this subdivision is planned to other properties. 4. An explanation has been provided for all common improvements. • There is no open space tract in this project, however, there will be one private tract for access to Lots 9 and 10 (Tract A). A second tract, for water quality/water detention (Tract B) will be dedicated to the city as a public facility. These tracts are illustrated on Sheets CO, C2, and C6. There is an easement for the sanitary sewer that parallels the easterly edge of Lot 11 and appears on the southeasterly corner of Lot 10. There is currently a sanitary sewer line through the project site via these easements to the southwesterly corner of the Mara Woods subdivision located to the north of the Kuentzle property. The sanitary sewer stubs out at the southwesterly corner of the Mara Woods subdivision, at the corner of Lots 5 and 6. Other than the easement on Lots 10 and 11 for the existing sanitary sewer, the sanitary sewer alignment will be within the public right of way portion of the new east-west residential street, plus the stubbed section of SW 80`h as it stubs into the property to the south. This alignment is clearly shown on the Preliminary Plat Plan (Sheet C2) and the Preliminary Utility Plan (Sheet C6). There are other utility easements on Lots 7 - 15 as well, as illustrated on Sheet C6. Finally, there are eight (8) foot public utility easements along the curb edge of all public rights-of-way within the subdivision, as illustrated on Sheet C6. The one tract (i.e., Tract A for access to Lots 9 and 10) will be privately owned and maintained by the adjacent Lots 9 and 10 of the Leiser Park subdivision. Tract B (the water quality/water detention facility) will be publicly owned and maintained. All other utilities, both public and private, will be underground in this project. Improvements of the frontage on both SW 79 h and SW 81 st will be constructed to match the existing street frontage improvements on either side. B. Conditions of approval. ' The applicant recognizes the power of the Approval Authority to "attach such conditions as are necessary to carry out the comprehensive plan and other applicable ordinances and regulations". However, the applicant may not necessarily agree with ' such imposed conditions and requests the opportunity to discuss such conditions with the City in advance of a Type II final decision on the application. ' For the private street section located between Lots 8 and 11, no reserve strip is necessary because the private street section serves only as access to Lots 9 and 10 and will not be extended to serve any other properties. • Section 18.430.050 Submission Requirements: Preliminary Plat Response: This application has been prepared to meet the requirements of Section 18.430, as well as the appropriate and applicable portions of other sections of the Tigard Community Development Code. The application has been submitted on a proper form provided by the City, and has been accompanied by the appropriate fee. All other necessary and required information has been included in this narrative and/or the accompanying design and engineering exhibits that complete this application packet. The "Impact Study" that is referenced in 18.390.040 B.2.e is provided below, as there is no specific reference to the Impact Study within Section 18.430. Impact Study The requirement for an "Impact Study' requires that the applicant quantify the effects of the proposed development on public services and facilities. Because this project is a subdivision that conforms to the density computations under the R-4.5 zoning district, the level of development and consequent use of public services and facilities has been accounted for as part of the preparation and adoption of the City's Comprehensive Plan. Therefore, all services and facilities should be planned for, provided and sized to accommodate a subdivision development such as this one in this location. • Transportation system, including bikeways: With the development if this subdivision, the residential street that connects SW 79"' and SW 81st in a east- west orientation (Leiser Lane) provides an important link in the connectivity and circulation pattern of the immediate vicinity. This will permit adequate circulation ' in accordance with the policies and guidelines of the City's Transportation System Plan (TSP). ' Although no bikeway will be provided on this east-west street, the construction of the street to city standards within the 50-foot right-of-way will result in the ability to use the street for a variety of transportation modes, including bicycles. 0 0 Based on a Traffic Impact Study conducted by Falconi Consulting, this development will generate 225 ADT (Average Daily Trips) to existing and new streets. Because this total is distributed over the entire 24-hour period, the impact will be very low at any given time. It is expected that the peak hour trip generation will be approximately 23 trips during the AM peak hour and 24 trips for the PM peak hour. This leaves approximately 178 trips to be distributed over the remaining 22 hours, averaging only approximately 8 trips per hour. • Drainage system: Drainage created by the development of the site has been planned for and engineered to connect to the established city system. The water quality/water detention tract (Tract B) located between Lot 15 and the right-of-way for SW 79th Avenue has been established to contain storm drainage at peak periods, slowly releasing the water into the city's system at a fixed rate of flow. • Parks system: This development proposes no new city park within its site. In the City's Parks Master Plan, no new park is envisioned in this location. The existing Master Plan was prepared using the existing zoning of the site and the assumption that the site would be developed for residential purposes. As such, the development of this site will have no adverse impact on the City's park system. Water system: The City's existing water system has been planned, designed, engineered, and sized to accommodate the development of this specific site for residential development. Water service is stubbed at the perimeter of this site and can be easily connected to and "looped" as necessary. The internal service lines will be sized in accordance with City standards to serve the individual dwellings. Sewer system: An existing sanitary sewer line crosses the site along the alignment of SW 80th, connecting to the Mara Woods development to the north of the Kuentzle property. However, this line was not planned, designed, engineered and built to the proper depth to accommodate development in accordance with existing zoning of the subject site. The existing sanitary sewer line will serve only five (5) of the 19 proposed lots within the proposed subdivision because of the lack of depth of the line. As such, it will require the design and construction of a supplementary sanitary sewer line to serve this proposed development. The new internal service lines will be sized in accordance with City standards to serve the individual dwellings. The existing sanitary sewer line and easement on Lots 10, 11 and 12 may be vacated to reduce encumbrances and constraints on these three lots. However, any vacation will be done by a separate application and process. Noise impacts: As a residential area, noise levels are generally low and limited to site generated sources such as private vehicles, home utilities such as heat pumps or air conditioning units, home maintenance equipment such as lawn mowers or leaf blowers, and vocalization by residents. None of these site- generated noises should exceed recommended levels as recommended by the Oregon Department of Environmental Quality. As such, overall noise levels should remain within acceptable community levels. This Impact Study provides basic information that fulfills the requirements as set forth in 18.390.040 B.2.e. 0 0 1 e Section 18.430.060 Adjustments Authorized t Response: The applicant is not requesting any adjustments to the applicable subdivision regulations as part of this application. However, depending upon the nature of the Type II decision and any conditions that may be attached to that approval, the applicant may wish to ' seek future adjustments. The following sections of this Chapter are related to the Final Plat and will be addressed at that time. e Section 18.430.070 Approval Criteria: Final Plat t e Section 18.430.080 Improvement Agreement e Section 18.430.090 Bond e Section 18.430.100 Filing and Recording ' e Section 18.430.110 Vacation of Plats D. Section 18.790 Tree Removal This site is extensively covered with trees, many of which must be removed to allow development of this single family detached subdivision of 19 lots. A total of 169 trees with sizes of 12 inches or greater at breast height have been identified through the efforts of an arborist, and have been located on the site through a tree survey by G&L Surveying. After ' the tree survey and review of the trees on the site, it has been determined that approximately 81 of the trees, or 47.9% of the trees that are 12 inches in caliper or greater must be removed. This means that 88 trees, or 52.1 will be retained on the site. ' The Tree Removal Plan (Sheet C4) identifies the locations of all trees on the site, both those that will remain and those that will be removed. In order to provide the necessary streets in this development, as well as creating envelopes for construction of 19 single family detached ' dwellings, a total of 81 mitigatable trees must be removed, leaving 88 of the original trees on site. ' If it is determined mitigation is required at the time of home construction, five (5) trees of two- inch caliper will be planted on each of the 19 lots, in addition to the two (2) required street trees. The 95 trees (19 lots x 5 trees per lot) resulting in 190 caliper inches represents an on ' site mitigation plan proposed by the applicant. However, this mitigation may not actually be required. ' A critical factor enters into the tree preservation and removal consideration for this site. Because of the prior sanitary sewer construction that creates the need to import fill and regrade the site extensively, the applicant is not directly responsible for the trees that must be removed. Based on the project engineer's grading plan for the site, almost all 81 trees ' that must be removed are required as a result of the need for extensive grading resulting from prior existing offsite utility construction elevations. As such, the applicant is applying for a separate variance to these requirements to release the applicant from the responsibility for ' mitigation for the trees that must be removed due to the original installation of the offsite utility at an elevation, which has resulted in a situation, which is neither the applicant's responsibility nor a problem, which they should resolve. Section 18.790.010 Purpose Response: In the Purpose statement of this Section of the Community Development Code, there are seven (7) individual purposes set forth in subsection B. Only the seventh purpose, that which deals with Commercial Forestry, does not apply to this site. Subsection C recognizes that trees must be removed to accommodate planned urban development within the City. However, this subsection does not provide any specific relief to property owners and developers who are proposing to develop sites such as the subject site that are very extensively covered with large trees, and full onsite mitigation is not possible. The end result is that the developer will be subject to a very expensive mitigation plan and process in order to achieve the end goal of development of the site for residential use. • Section 18.790.030 Tree Plan Requirement Response: In accordance with the requirements of this subsection, a Tree Survey has been prepared that identifies the location, species, and size of the individual trees on the site. This Tree Survey is identified as part of the Tree Removal Plan (Sheet C4). The Tree Removal Plan identifies the trees that must be removed from the site to permit urban residential development of the site. While the City prefers protection of trees on the site, this is impossible given the development plan for the site under the recognized comprehensive plan map designation (Low Density Residential) and zoning (R-4.5) and the depths of the existing off-site utilities. The Tree Plan meets all of the stated requirements under subsection 18.790.030 B. This Tree Plan has been prepared in conjunction with a certified arborist who will prepare the details for preservation of the remaining trees on the site, as well as the planting plan for the new trees. • Section 18.790.040 Incentives for Tree Retention Response: Because of the proposed development of the subject site in conformance with the comprehensive plan map designation and the current zoning, the incentives for tree retention that are included in this subsection are largely unusable for this project. We are not able to take advantage of any density bonus. This circumstance would not apply even if the applicant were able to save more trees. The final two parts of this subsection A. dealing with development in the commercial and inrie iofrinl -7nncc Anne nr%f 9nniv hanni icG thin Cifa iC riaClnnatArt i nw ntmnCity Raciripntini nn 1114 GJl11G1 LVIIVV GVVV I.V. MrIrL~ YV VMMVV a..v v.av •v vvv.~......vv rv.• _v.._ . •__.v. the City's comprehensive plan map, and zoned R-4.5. Subsection D. of this section would apply only to the new streets proposed in this subdivision. Because the sanitary and storm sewer is already in place, there is nothing that can be done to accommodate the preservation and retention of trees. However, if the City would be willing to reduce the street standards for the new east-west residential street that will connect SW 79th and 81s`(Leiser Lane), as well as the connection of SW 80`x', it is possible that some additional trees could be preserved and retained. In fact, if the streets were removed entirely, the site would still have to be filled in order to reach the sewer. • Section 18.790.050 Permit Applicability Response: The applicant understands the requirements of this section, including that a tree removal permit is required and that the tree removal permit may be granted upon application. i • Section 18.790.060 Illegal Tree Removal ' Response: No trees have been illegally removed from the property as part of this development proposal. Therefore, this Section does not apply. Chapter 18.810 1 Street and Utility Improvement Standards 18.810.010 Purpose Response: This project, as proposed on the subject site, meets all of the requirements, standards and regulations of this chapter. ' 18.810.020 General Provisions Response: The provisions of the Tigard Code will apply to this site because of the change and intensification of use. The creation of 19 lots for single family ' development will create additional local traffic and the need for construction of a new local residential street on the site that will carry a traffic volume of less than 500 ADT. The proposed subdivision meets all utility design requirements as well, as specified in this chapter. Additionally, no adjustments to requirements, standards and regulations of this chapter have been requested. Therefore, this project meets all of the requirements, standards and regulations of this chapter. 18.810.030 Streets Response: The applicant proposes to construct a new local residential street within this project to current city standards, connecting SW 79th and SW 81St Avenues. This Local residential street will carry a traffic volume of less than 500 ' AFT. There will also be a stubbed section of SW 80th Avenue constructed to current city standards that will serve future development on the vacant land to the south of st Avenues, necessary this site. On the frontage areas on SW 79 and SW 81 improvements will be made in accordance with current city standards. No adjustments to requirements, standards and regulations of the city's Code are requested. As such, the proposed subdivision project meets all requirements of ' Subsection A. of this chapter. In accordance with Subsection B of this chapter, the new Local residential streets th ' Avenue) will meet the requirements, (Leiser Lane and the stubbed portion of SW 80 standards and regulations of the city's Code for specified rights-of-way. There are no access easements proposed for this project that would be governed by Subsection C. of this chapter. Lots 9 and 10 will be served by a private tract ("Tract A"). This tract is 27 feet in width and will be jointly owned by Lots 9 and 10. Therefore, Subsection C. does not apply. The street location, width and grade for the Local residential streets (Leiser Lane and the stubbed section of SW 80th Avenue) will meet all current requirements, standards and regulations of the city's Code for local residential streets that have a traffic volume of less than 500 ADT. Therefore, the project complies with Subsection D. of this chapter. h Rights of way and street widths for Leiser Lane and the stubbed section of SW 80t Avenue have been designed for traffic volumes of less than 500 ADT, based on the number of lots in the proposed subdivision and the anticipated through traffic between SW 79th and SW 81 st Avenues. Design considerations taken into account include anticipated traffic generation, on-street parking needs, sidewalk and bikeway 1 1 1 1 1 1 t 1 1 1 requirements, street lighting, drainage and slope impacts, location of street trees, planting and landscape areas, safety for all types of users, and access needs for emergency vehicles. Therefore, the design of new local residential streets meets the requirements, standards and regulations of Subsection E. of this chapter. In terms of a future street plan, the applicant has planned the project to include a stubbed section of SW 80 Avenue to vacant undeveloped land adjacent to the south. No other adjacent properties require access from or through this project that are within 530 feet and within the limitations of SW 79th and SW 81st Avenues. In addition, the stubbed portion of SW 80th Avenue does not exceed 150 feet in length and does not, therefore, require a hammerhead or cul-de-sac turnaround. Therefore, the requirements, standards and regulations of Subsection F. are met. Subsection G. requires compliance with 18.705.030.H., which was addressed previously. This subsection referenced above requires an access management report, which is attached as an exhibit. The new Local residential street that connects SW 79th and SW 81 st Avenues (to be called Leiser Lane) is designed to intersect with SW 79"' and SW 81St Avenues at proper distances, angles, and grades that meet current city Code requirements. The future extension of the stubbed section of SW 80th Avenue will also comply with city Code requirements and the provisions of this subsection. Overall, the street pattern created through this project will provide the localized network of connecting streets with short direct travel routes that the city seeks to provide. As such, the project will comply with Subsection H of this chapter. All intersections created by this project will be right angles as desired and required by the city. Therefore, the project will comply with Subsection I of this chapter. The only existing rights-of-way that are part of this development will be the rights-of- way for SW 79th and SW 81st Avenues. Where the project site has direct frontage on these two streets, required improvements will be made. Otherwise, new rights-of- way will be created for the internal streets as required by the city's Code. Therefore, the project as designed will meet the requirements, regulation, and standards of Subsection J. Other than the frontages on SW 79th and SW 8181 Avenues where improvements as required will be made, there are no other street sections, existing or proposed, that will require only partial street improvements. Therefore, the project will comply with Subsection K of this chapter. There are no cul-de-sacs proposed for streets within this project. As such, Subsection L will not apply. The street names for Leiser lane and SW 80th Avenue that will be applied to streets in this project do not duplicate any other street names where it would be inappropriate to do so. Of course, Leiser Lane reflects the ownership of the project site, while SW 80"' Avenue reflects the future potential extension of that street numbering system that exists throughout the city. This fulfills Subsection M of this chapter of the Code. ' As designed, the new Local residential streets within this subdivision project meet all requirements, standards and regulations of Subsection N of this chapter of the city's ' Code. These street designs are found on the appropriate sheets of the subdivision design package. All individual driveways shall be made of ready-mixed concrete, while the streets (i.e., Leiser Lane and SW 80t' Avenue), sidewalks, and curbs will be surfaced with asphaltic concrete. The access over the private tract ("Tract A") will be asphaltic concrete as well. Local sidewalks will be ready-mixed concrete. All approaches and aprons, where required, will be built to city specifications. Therefore, this aspect of the project will meet Subsection O of this chapter of the city Code. ' None of the streets within this project or in the immediate vicinity of the project site are adjacent to any railroad right-of-way. Therefore, Subsection P of this chapter does not apply. ' While the new streets proposed within this subdivision project will be Local residential streets, SW 79th Avenue is a designated Neighborhood street while SW 81st Avenue is a Local street within the city's Functional Street Classification. Within this proposed subdivision, five lots (Lots 1, 5, 6, and 16) have frontage on either SW 79P or SW 81st Avenues, and only one lot (Lot 6) will require its access off SW 81st Avenue because it has no other alternative street frontage. Because there are no lots in this project that front on and must gain access from a collector street, there is no requirement that buffering and landscaping along that particular frontage. However, Lot 6 has frontage only on SW 81 st Avenue, which is not a collector level street, and should not be required to have buffering and landscaping along its only street frontage. The other three lots with frontage on existing streets (Lots 1, 5 and 16) will have driveway access on Leiser Lane and will be restricted in their deeds to having no vehicular access to the existing 79"' Avenue and SW 81st Avenue. These ' measures will provide compliance with Subsection Q. of this chapter of the city's Code. i There are no alleys proposed within this project. Therefore, Subsection R. does not apply. ' As required in Subsection S., survey monuments will be set in accordance with requirements of the City Engineer. This project contains a private street to serve two lots, Lots 9 and 10. This private street will be within a private tract ("Tract A") and will be covered by a maintenance agreement that will be part of the deeds for these two lots. Such maintenance agreement will also be part of the notations on the face of the recorded final plat. This will insure compliance with Subsection T. of this chapter of the city's Code. There are no existing nor will there be any railroad crossings involved with this project. As such, Subsection U. does not apply. The applicant recognizes the need for some street signs due to the creation of new local residential streets and the intersection of those streets with existing city streets. In accordance with Subsection V. of this chapter, the city will determine what signs are necessary and where they should be located. The city will install these signs at cost to the developer. ' In accordance with the requirements of this section of the city's Code, and the requirements and suggestions of the U.S. Postal Service, a mailbox location plan will be submitted to the postal service prior to submitting construction plans to the city for their review. All locations will be finalized prior to final plat review and approval, in compliance with Subsection W. There are no existing, nor will there be any traffic signals, within this project or at the intersections of Leiser Lane and SW 79th and SW 81st Avenues. The site generated traffic, and the additional traffic that may occur as through traffic on Leiser Lane, will not be of a volume to meet warrants for a signal at any location within or directly adjacent to the project site. Therefore, Subsection X. does not apply. In accordance with Subsection Y. of this chapter of the city's Code, street lights will be designed and installed within this development. A proposed street lighting plan has been prepared and is part of Sheet C7. ' As with the requirements of a previous subsection, street name signs are required and will be installed in accordance with direction by the city. This will insure compliance with Subsection Z. Cross sections for the streets within this project have been designed by the Project Engineer and are included in the overall engineering design. These cross sections are found on Sheet X. All construction shall be in accordance with the requirements of Subsection AA of this chapter of the city's Code. ' Traffic calming, as defined in Subsection AB, is not likely required at the time of initial development of the project. However, future traffic calming measures may be desirable as localized traffic patterns change to reflect the existence of a new through street that connects SW 79th and SW 81st Avenues, and as other vacant developable land within the immediate vicinity begins to develop in response to market conditions. ' At the present time, because Leiser Lane does not exist, there is no through traffic. With the development of Leiser Lane, site generated traffic will not be significant. Some cut through traffic between SW 79th and SW 81st Avenues may increase the volume of traffic on Leiser Lane, but the total volume should not exceed 500 vpd. The new intersections of Leiser Lane with SW 79th and SW 81 st Avenues cannot be ' immediately classified as "high collision intersections" since they have no history. Because intersection sight distances will meet minimum requirements, and existing volumes of traffic on these two streets are not significantly high to cause the need to ' classify these streets as high volume streets, and because the project will not directly impact any ODOT facility, no traffic study is required under the provisions of Subsection AC. ' 18.810.040 Blocks Response: Because the overall size of this project is relatively small, the site design has not created any true "blocks". However, considering the need for building 1 1 1 1 1 1 0 • sites, local and individual lot access, circulation, local topography, and safe traffic and street design, pre-existing development on sties around the project, fulfillment with this section of this chapter has been achieved. Breaks in the street (i.e., Leiser Lane) on both sides provide opportunities for diversity of travel whether by pedestrian, bicycle or auto. 18.810.050 Easements Response: In compliance with this section of the chapter, all easements have been identified and shown on various sheets. The proposed easements will meet all requirements of the city and utility providers. 18.810.060 Lots Response: All 19 lots proposed within this subdivision meet the length-to-width requirements of this section of the Code. All lots have the necessary and required frontage on a public street. There are no through, or double frontage lots in this subdivision. Lot lines are at right angles to the streets and to each other, or are parallel to each other (in the case of opposing side and front/rear lot lines). Finally, there are no large lots left within this subdivision that can be re-divided into future smaller lots, under the current R-4.5 zoning. 18.810.070 Sidewalks Response: All public streets within the proposed subdivision will have sidewalks on both sides of the street that meet the city's requirements. The private tract ("Tract A") that serves Lots 8 and 10 shall have a sidewalk on one side of the access way. Sidewalks on the frontages sides of SW 79"' and SW 81st Avenues will connect, where possible, with existing sidewalks. Planter strips separating the sidewalks and the curbs/streets shall be installed along both sides of the public streets within this subdivision (i.e., Leiser Lane and SW 80t Avenue) in accordance with city specifications. These planter strips are illustrated on various sheets and are shown as part of the street cross-sections. 1 1 1 Maintenance of sidewalks, curbs, and planter strips shall be the obligation of the individual property owners, as specified in this section of the chapter. In addition, this requirement will be noted as a deed restriction for all lots. 18.810.080 Public Use Areas Response: The proposed subdivision does not contain a "public use area" because there is no area available for such area without the loss of a lot. As it is, the average size of the lots within the project is virtually at the very minimum size permitted by the city. In addition, with only 19 lots in the total project, there is no justification for a public use area, considering the anticipated number of users that will live within the project. Finally, the city has not requested the reservation of an area for public use. 18.810.090 Sanitary Sewers Response: The Project Engineer has prepared a complete plan for sanitary sewer service to all lots of this development. The plan for sanitary sewer service meets all requirements, regulations and standards of the city and will allow for future extension where necessary, to unserved vacant and developable lands that are located directly adjacent to the project site. ~ i • As part of the sanitary sewer service plan, a portion of the original service line that traversed the site will be vacated. While that portion of the line and related easement is illustrated on Sheet C6, it will require a separate action by the City Council to complete the vacation of a portion of the existing sewer line. 18.810.100 Storm Drainage Response: The Project Engineer has designed a storm drainage plan for the project site that will accomplish all necessary and required storm drainage for all 19 lots plus the public streets and the private tract. Storm water detention will be accomplished through routing to and holding in a tract located adjacent to Lot 15 and the right-of-way of SW 79th Avenue. This area is identified as "Tract B". All necessary and required calculations for storm drainage volumes and flow have been included as part of the application. This storm drainage plan will meet all of the city's requirements, regulations and standards. ' 18.810.110 Bikeways and Pedestrian Pathways Response: The new streets within the project site are all Local residential streets that do not require bikeways. Pedestrian pathways throughout the development are provided by the required sidewalks that are part of the street system. Required improvements on both SW 79th and SW 81st Avenues will include necessary and required bikeways and pedestrian pathways in accordance with the city's adopted Transportation System Plan (TSP). All improvements are illustrated on Sheet C5 & C6. 18.810.120 Utilities Response: All onsite utility service will be taken from available connections either within the site or directly adjacent to the site. In addition, all onsite utility service will be through underground service. No above-ground or overhead utilities are proposed, and therefore, no exception is being requested for above-ground or overhead utility service to any portion of the project site. The Project Engineer has ' coordinated all utility service to the project site with the respective providers. All proposed utility service is identified and illustrated on Sheet C6. 18.810.130 Cash or Bond Required ' Response: As required by this section of the city's Code, cash or bond will be provided by the developer for the required one-year guarantee period. 18.810.140 Monuments Response: The developer will insure that any and all monuments within the project site, and any individual monuments outside the project site, that are disturbed during the course of construction of improvements shall be replaced as required. 18.810.150 Installation Prerequisite Response: The developer will construct necessary public improvements only after the necessary plans have been reviewed and approved by the City Engineer, the appropriate fee has been paid and the required permit issued. ' 18.810.160 Installation Conformation Response: The developer will certify that all improvements will conform to all ' existing requirements of and followed by the city. 1 1 18.810.170 Plan Check Response: The developer agrees that no work shall commence until all plans have been checked and construction estimates reviewed, and authorization in writing is provided by the City Engineer. 18.810.180 Notice to City Response. As required, the developer or Project Engineer will notify the city in advance of the start of all work. 18.810.190 City Inspection Response: The developer understands and agrees that the city shall be allowed to inspect all work and require any changes in typical sections and details, if such changes are warranted and reasonable. 18.810.200 Engineer's Certification Response: As required the Project Engineer shall provide written certification as to the quality and standards of the improvements within the project site. 1 1 • ! Leiser Park Subdivision Part One - Variance Application Narrative A. The Variance Request The applicant, Matrix Development Corp., is requesting a variance to the standards of the City of Tigard's Chapter 18.790 of the Community Development Code, commonly known as the "Tree Removal Ordinance". This variance has been suggested by City staff as a method of reducing the excessive financial burden that would be placed on the developer and the property owners under strict compliance with Chapter 18.790 where there is no consideration of prior factors that adversely impact the site condition. Part One of the variance request is to reduce the overall number of trees on the site that are ' subject to mitigation, due to the prior construction of the sanitary sewer through the site to serve adjacent properties. This construction failed to install the sanitary sewer line at sufficient depth to serve the Kuentzle and Leiser parcels. To rectify this problem and thus to allow full development of the subject site, the project engineer has determined that it will be necessary to re-grade and fill the majority of the site. Approximately 1,000 cubic yards must be imported. In addition, approximately 5,000 cubic yards of material must be re-graded within the site to mitigate for the prior shallow sewer installation. As a result of this fill and grading, a significant number of trees on the site must be removed. Because this circumstance is not of the applicant's doing, relief is sought on behalf of the applicant to reduce the penalty for resulting tree removal. Granting approval to this variance application will result in no mitigation requirement for the applicant on this site for those trees that must be removed as a result of filling and regrading the site to address the shallow sewers. The second part of the variance request deals with the economic hardship created by the requirement for potential mitigation payment by the applicant for the remaining trees to be removed from the site. An economic analysis illustrates that the overall costs to bring each of the 19 lots to market will render the price of each lot at the upper end of the scale for similarly sized, similarly located lots with similar physical characteristics. Full payment in lieu of on site planting of trees, as mitigation for the trees removed, will increase the per-lot price to something above the current market value. This clearly demonstrates that this would adversely impact the applicant's ability to compete in the marketplace with the lots from this project. Therefore, the second part of the variance application proposes relief from the stipulated mitigation payment and requests alternative mitigation measures (i.e., on site planting on each lot plus the charitable tree sale for Tigard High School) be accepted by the City as mitigation in full. This appears to be clearly within the authority of the Director as provided in Section 18.790.060 D3 and F. Major factors prompting this request were the original installation of the sanitary sewer and the storm sewer for Mara Woods in 1985 and additional construction of a sanitary sewer line to serve the Raze Meadows project in 1991 at insufficient depths to serve the future development of the Kuentzle and Leiser properties. This situation already results in a burden for the developer of this particular site by requiring that significant amounts of fill be brought onto and regraded within the site to raise the topography of the site to allow storm and sanitary sewer service to serve the future lots. Because of the large number of trees on the site, the added fill needed to resolve the storm and sanitary sewer issue requires the removal of a significant number of trees from the site. Under these circumstances, a strict application of the tree mitigation ordinance places an inflated and unreasonable burden on the developer and increases the costs of the development considerably. Additionally, the existing sanitary sewer on-site (serving Raze Meadows to the south) will need to be reconstructed and a new line built from SW 79th at the southeast corner of Mara Woods. Had these utilities been engineered and installed at the proper depth to account for the eventual service of the subject site, the current requirement for filling the site to obtain utility service would not exist today. In fact, most of tree the removal results directly from having to fill and re-grade the site because of the shallow installation of the existing storm and sanitary sewers. Based on the tree inventory of the site, the proposed development plan requires that less than 50% of the trees (81 of 169) on the site be removed when the site is developed in a manner allowing connections to the existing of the sanitary sewer and storm service. However, the applicant is not the root cause for the loss of those trees, which must be removed because of the fill and grading associated with the existing shallow utilities. When counting only the removal of those trees on the site for which the applicant may be directly responsible, the Tree Removal Ordinance would likely require no mitigation. Therefore, Matrix Development Corp. requests a variance to the Tree Removal Ordinance (Chapter 18.790) so that the development of the site under the existing R-4.5 zoning might be pursued in a reasonable and economic manner. Otherwise, the development of the site may be jeopardized by the potentially onerous and unfair mitigation requirements of the Tree Removal Ordinance as they could be applied to this specific site. Matrix Development Corp. requests a variance to Section 18.790.030 B.2.a of the Tigard Community Development Code to allow for: 1.) a re-determination of the obligation for the trees to be removed from the site and, 2.) an alternative method of mitigation for the trees that must be removed from the site to permit urban development under the existing R-4.5 zoning district. Rather than (a) planting all of the replacement trees onsite, which simply not a feasible option in this instance, or (b) a cash payment to the City for the trees removed from the site in lieu of planting of those replacement trees, Matrix Development Corp. proposes a method of mitigation that will both fulfill the spirit and goal of the mitigation program and also serve a greater public benefit. This alternative mitigation plan is spelled out later in this application narrative. B. Project Background The site for which the variance is requested is heavily wooded with a mix of larger, mature coniferous and deciduous trees. Tree species are primarily maple, cedar and fir. Based on the special circumstances of the site and the prior development that has taken place adjacent to the site relating to the sanitary sewer lines and storm sewer, the requested variance is necessary to allow the subject site to be developed in a reasonably economic and feasible manner. The applicant, Matrix Development Corp., proposes to develop the adjoining parcels purchased from Kuentzle (Tax Lot 2800) and under option from Leiser (Tax Lot 300), totaling ' 4.36 acres, into a 19-lot subdivision for detached single-family dwellings. The site is located between SW 79th and 81St Avenues, just south of Bonita Road in Tigard. Lot 16 of the proposed development plan (located on the Kuentzle property) has an existing single family dwelling in place that will be removed. All 19 lots will be developed with new dwellings. ' There will be no open space tract because this is a subdivision. There will, however, be a private street (Tract A) adjacent to lots 8 and 11 that will provide access to lots 9 and 10. Lots 8 and 11, although directly adjacent to the private street, will have direct frontage. and access onto Leiser Lane. This private street is 27 feet in overall width and approximately 108 feet in total length. The tract is approximately 2,885 square feet in size. Finally, there will be a storm water facility tract on the easterly edge of the site, located between Lot 15 and S.W 79th Avenue. This tract is approximately 3,440 square feet in size. This particular tract will be a public facility tract, dedicated to the City for public purposes. Lot sizes for this project will range from a minimum of 7,042 square feet (Lot 8) to a maximum of 8,226 square feet (Lot 16). Average lot size will be 7,505 square feet. The Kuentzle parcel, the smaller of the two parcels at 1.88 acres, is bound by the Mara Woods subdivision to the north which is zoned R-7, and a single family dwelling on the property to the south which is currently zoned R-4.5. Across SW 79th Avenue are two larger lots zoned R-12 (roughly the size of the Kuentzle and Leiser properties combined together) with one single family dwelling on each lot. These two lots are eligible for redevelopment at some undetermined point in the future. The Leiser parcel is bounded on the north by two parcels (Tax Lots 100 and 200), both of which have single-family dwellings on them. To the. south is the Raze Meadows subdivision. These properties are currently zoned R-4.5. Across SW 81 St to the west is a large lot also ' zoned R-4.5 and has a single family dwelling that also serves as the headquarters of a small logging business. ' The proposed subdivision site is undulating in its topography, and is significantly below the grade of SW 81St Avenue. The easterly portion of the site is approximately at grade with SW 79th Avenue. Topography ranges from a maximum of 182 MSL at the westerly edge at SW ' 81St Avenue to a low point on the Leiser parcel of 172 MSL, to a high point of almost 177 MSL on the Kuentzle parcel to 170 MSL on the easterly edge at SW 79th Avenue. The lowest point of the site is on the Keuntzle property, just adjacent to SW 79th Avenue. A ' significant amount of grading and fill will be required to level the site for purposes of development. ' The development site contains many trees that are in excess of 12 inches diameter (DBH, or Diameter at Breast Height). A spreadsheet (Spreadsheet A) attached as part of this application summarizes the identification of the trees on an individual basis. The trees are located and illustrated on Sheets C1 and C4 of the development plans. As many trees as ' possible have been retained in the development plan, but a significant number of trees must be removed in order to effectuate development of the site. ' Sanitary sewer and water are immediately available to the site, as illustrated on Sheet C6, Preliminary Utility Plan. In fact, the sanitary sewer line traverses the site in a north-south direction and is perfectly placed along the common property line of the adjoining Leiser and 1 Kuentzle properties. Unfortunately, the sanitary sewer line originally extended from Mara Woods to serve Raze Meadows was not constructed to the proper depth to allow service of the Leiser and Kuentzle properties. The existing Mara Woods and Raze Meadows developments were filled at the time of their development to be served by the sewers. The existing sanitary sewer line will need to be abandoned from the manhole at the southwest corner of Mara Woods to Raze Meadows. The sanitary sewer from Raze Meadows will need to be connected to the new sanitary sewer line created as a part of this development. Five of Leiser Park's northern lots will be connected to the manhole at the southwest corner of Mara Woods, and the remaining Leiser Park lots will be connected to the new sanitary sewer line. The existing storm line located at the southeast corner of Mara Woods in SW 79th, which provides drainage off-site, is very shallow with only 1.5 feet of cover over the pipe. In order to provide adequate cover over the new storm and sanitary lines, the streets will need to be raised. The lots adjacent to these streets will have to be filled above the street elevation in order to provide drainage to the streets. In summary, based on the amount of fill required to bring the site to a grade sufficient to accommodate utility service, the project arborist calculates that 81 trees will need to be removed. C. Mathematical Calculations of Mitigatable Trees The spreadsheet (Spreadsheet A) illustrates the number of trees that may be saved and those that must be removed in order to permit development of the site as a standard subdivision. There are a total of 169 trees on the site, totaling 3,047 diameter caliper inches, that fit into the City's category of "significant" trees (12 inches and greater diameter at breast height (DBH)). Of these 169 trees on the site, 88 trees (representing 52.1 % of the total number of significant trees) having 1,633 of diameter-caliper inches (53.6% of the total inches) will be saved under the proposed development plan. This means that 81 trees (or 47.9% of the total number of trees and totaling 1,416 diameter-caliper inches) must be removed to permit urban residential development of the site. Many fewer trees would have required removal were it not for the shallow depth of the pre-existing sanitary and storm sewers that serve the site. The construction of the storm and sanitary sewer for Mara Woods in 1985 and the extension of the sanitary sewer to serve the Raze Meadows development in 1991 created a different baseline for calculation of the trees that must be removed from the site to permit development under the City's ordinance. The difference between the trees that must be removed from the site under today's present circumstances and the circumstances that would have existed had the site not been adversely impacted by poorly planned prior off-site development for adjacent properties in 1985 and 1991 is substantial. And the potential mitigation requirements which could required are significant enough that some accommodation is justified to relieve the applicant of an unfair and substantial penalty which results from this pre-existing situation, a situation which is not of the applicant's making nor reasonably within his control to resolve without the removal of these trees. The proposed plan provides for 52.1 % retention of the existing inventory of trees. This level of retention requires mitigation for 50% of the 1,416 total diameter caliper inches of all trees ' on the site proposed for removal under the development plan. The number of trees requiring removal could have been significantly reduced had the existing utilities been ' installed at a proper depth to serve the subject site. If tree removal resulting directly to the impacts of prior construction are exempted from the calculations, there would be minimal mitigation requirements. ' The applicant further argues that even if any mitigation should be required for the proposed tree removal, it is more than met through the applicant's proposal for on site planting of 190 inches (19 lots x 5 trees/lot x 2 inches), and the charitable tree sale through Tigard High ' School's Boosters of an additional 750 caliper inches. Together these will provide 940 inches of tree mitigation and a tree replacement ratio of better than 10:1. D. Variance Criteria In Chapter 18.370 of the Tigard Community Development Code, subsection 18.370.010 C.2, there are five specific criteria listed that must be addressed as part of the process in applying for and obtaining a variance to City development standards. The variance application is normally a Type II Director's review that may be approved, approved with conditions, or denied. Therefore, because the application for variance is coupled with an application for approval of the 19-lot subdivision, both applications will be reviewed concurrently under a Type II process by the Community Development Director. The five (5) criteria contained in Chapter 18.370 of the Tigard Community Development Code are as follows: a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity, b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district, c. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land, d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; and e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. Each individual criterion is addressed in the following section of this application narrative. • • E. Addressing the Criteria a. The proposed variance will not be materially detrimental to the purposes of this title, to any other applicable policies and standards, and to other properties in the same zoning district or vicinity; Response: Regardless of the zoning of this site, a significant number of trees must be removed to allow development to occur under the "Low Density Residential" designation through the City of Tigard Comprehensive Plan and the commensurate R-4.5 zoning. Tree removal becomes a major consideration in the type of development that might take place on this site. This variance request deals with both the manner of mitigation and a modification of standards contained in this title. The integrity of this title remains in tact because the proposed mitigation plan will provide a greater and more citywide benefit than limiting the mitigation effort to one site. In addition, there are no alterations or changes to City policies that are proposed or would otherwise be included as part of an approval of this variance application. Within the City of Tigard there are other properties that may be subject to the same type of variance request where the manner of mitigation may be modified. However, this variance request will allow the efficient and economic development of the subject site without adversely impacting any adjoining, adjacent, or nearby property. Removal of a significant number of trees from this site must be done in order to allow development of this site. The usability of the existing sanitary and storm sewers that serve the site is problematic when considering the need for fill to bring the site to level to sufficient to utilize these services. Filling around the trees themselves will result in an unavoidably adverse impact wherein the base and root system of the trees will be, in essence, "cut off' from the natural systems that allow the trees to survive. According to our arborist, as little as four (4) inches of fill around a tree may be enough to kill it. The filling and extensive regrading of the site, without removal of trees, will result in a slow but sure mortality of those trees, and leaving the trees would be an impractical and dangerous practice. Thus, the required filling of the site in order to permit development under the current Comprehensive Plan designation and zoning, will result in the loss of a significant number of the existing trees. And, of course, grading the site to allow for the installation of streets, utilities, dwelling footprints, and clear vision areas once the site is filled and leveled, will require that additional trees be removed. This situation creates a conflict between the development of the site and the attempt to preserve al.. 14 l.I~ v d protlc l a est th1 c a e trev eow - nn fhn eifn ThGrn 7rc lilfaly nthar nrnnartias thrni inhni it thA vu ~i .~«i. wv cap.. City that suffer from the similar conflicts, and a practical resolution begs to be found. b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no control, and which are not applicable to other properties in the same zoning district, Response: At 4.36 acres and generally rectangular in shape, this site is similar to other properties that may be found throughout the City, in all zoning districts. What makes this property unique is the large number of trees on this relatively small site and the ' circumstances of the existing utilities that will serve the site. One hundred sixty nine (169) trees of mitigatable size is a large number of trees on an urban site of this size. This does ' not include trees of smaller size and the understory vegetation. This vegetative cover on the site has severe consequences for the development of the site for urban residential purposes. Given the Comprehensive Plan designation of Low Density Residential and the current R-4.5 ' zoning, it is impossible to achieve even the minimum acceptable level of urban residential development without the removal of a significant number of trees of mitigatable size. ' The number of trees impacted by the development of the site is unavoidably compounded by the need to fill and re-grade the site in order to bring the site to a topography permitting connection to the sanitary and storm sewer lines that were constructed several years ago. ' These offsite services were constructed without consideration of the depth required to eventually provide service to subject site. As such, it is left to the property owners and developer to solve the problem. The developer's engineer has determined that the only practical solution to the problem is extensive filling and regrading of the site. And as the site is filled, there will be an unavoidable loss of many of the existing trees on the site. In the end, the trees will be lost either as their root systems are buried from fill being added around the base of the trees or through pre-emptive removal by the developer at the time of initial ' development in order to prevent future hazards and difficulties with the dying trees. The construction of the existing sanitary sewer across this site to other adjacent properties ' was not the doing of the current developer. And while other development sites in Tigard have topography issues that must be addressed, it is doubtful that many others have the issue to deal with so directly as a result of past construction of sanitary and storm sewer ' lines. Therefore, this site is unique which results in compliance with this criterion. ' c. The use proposed will be the same as permitted under this title and City standards will be maintained to the greatest extent that is reasonably possible while permitting reasonable economic use of the land, Response: The parcels on which the 19-lot subdivision is being proposed,,are both zoned R-4.5. The applicant's intent is to remain in compliance with the standards of the City's Comprehensive Plan designation and this zoning district. Without the ability to remove a significant number of trees from the site, the potential density (19 lots) would be reduced, possibly below a minimum density level that is efficiently and effectively practical and which makes no economic sense for the property owners, the developer and the general public. The lower the density on the site, the greater will be the cost of each lot. Therefore, the need to develop the property in conformance with the Comprehensive Plan designation and the current zoning district outweighs the negative side of removing trees from the site. d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic land forms or parks will not be adversely affected any more than would occur if the development were developed as specified in the title; Response: The applicant is proposing to develop the site in conformance with the specifications of the title, the City's Comprehensive Plan and the current zoning district. Only by altering the physical characteristics of the site through filling and removal of a significant • • number of trees can the site be developed as intended through the City's long range planning process. The prior construction of the sanitary sewer line across the site to originally serve other properties and the elevation of the storm outfall have produced a special set of problems under which this site might be developed. The required filling and regarding of the site will adversely impact the ability to retain trees many of the existing trees on the site, but is required to develop the site for urban residential purposes. The applicant is not proposing to develop the site any differently than is anticipated through the long range planning process completed by the City. Therefore, the requested variance will not alter or change the planned development of the site. e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. Response: The applicant did not construct the storm and sanitary sewer lines in 1985, which has caused the necessity for the extensive filling and re-grading of the site. The removal of the significant number of trees comes as a direct and unavoidable result of this extensive filling and re-grading. Therefore, the factors are inextricably tied together and must be considered in order for the site to be developed as allowed through the City's Comprehensive Plan "Low Density Residential" designation and current R-4.5 zoning district. Because neither the property owners nor the developer created these circumstances, a variance is necessary and appropriate as a practical and economic solution to the problems. Based on the amount of fill required to bring the site to a grade sufficient for utility service, the project arborist calculates that 81 trees will need to be removed for this purpose alone. Due to high number of trees that must be removed relative to the size of the site, the required mitigation measures under the Code would be unreasonable and very expensive. The cost of the mitigation would result in the proposed development being unfeasible without the relief sought through the provisions of this variance. F. The Proposed Mitigation Plan Matrix Development Corp. proposes that it be allowed to mitigate for the trees removed from this site by using a more philanthropic and community wide approach than the standard mitigation process. The typical mitigation process requires that either replacement trees having an equal number of caliper inches be planted on the subject site or at some location or locations within the City, or that a substantial fee be paid in-lieu in accordance with a stipulated fee schedule. The City's Community Development Code provides no specific alternative methods of mitigation that may provide community benefits, equal to or greater than those provided through the City's ordinance. However, there is authority given in the (`nria fn thin Mrar+fnr fn allMer riierratinn in thin mathnrl of mifinafinn nnrl tha Qnnlir`ant is requesting that this discretion be extended and applied to this application (see 18.790.060.D.3). If the variance requested to grant relief for those trees removed as a direct result of having to fill the site to compensate for the elevation of the adjacent sanitary and storm sewers is not granted, the developer would have to mitigate for a full 50% of the 81 total trees that must be removed in development of the site. These trees have a combined caliper inch total of 1,416 inches, requiring mitigation of 708 caliper inches. While the City's ordinance provides for actual tree planting as the preferred mitigation method, the number of trees (assuming an • • average 1" caliper replacement tree) that would be required to be planted would require approximately 10 acres of vacant land in order to allow for tree growth, canopy cover, and tree spacing that would accommodate for growth to maturity. (625 square feet per tree, using a spacing of 25 x 25 feet, equals approximately 70 trees per acre. At 1" per tree, this would result in 700+ trees on 10 acres). Use of this number of acres could include sites zoned for urban uses, thus potentially removing these sites from the City's inventory of developable properties. The second option is payment in lieu of tree planting. Under the City's formula, this would result in a payment of approximately $88,500 (i.e., 1,416 inches x 50% mitigation x $125 per caliper inch), if no relief is granted for the direct impact of the prior construction and the solution to that problem. When this potential mitigation payment is added to the cost of purchasing the land, preparing it for urban residential development, and selling the finished dwellings to buyers, the total cost spread over the proposed 19 lots simply makes the development of the property unreasonably and unnecessarily expensive. The tree mitigation alone adds $4,658 to the cost of each lot. The end result could be that the subject site is not developed for urban residential uses under the City's "Low Density Residential" designation on its Comprehensive Plan and the R-4.5 zoning. In addition, the City has no clearly stated program for the use of the $88,500 mitigation payment, resulting in some uncertainty that it will be used to plant new trees within the city. Matrix Development Corp. therefore asks that a variance be -granted allowing those trees that must be removed as a result of the required filling and re-grading of the site relating to the adiacent sanitary and storm sewer elevations not be subject to the standard method of mitigation as provided in the Code. These trees (requiring 708 caliper inches of mitigation, based on a 50% mitigation factor) will instead be mitigated for in the following manner: Matrix Development Corp. proposes the following mitigation plan for this site: • Approximately 750 caliper inches of high quality, bare root trees will be purchased by Matrix Development Corp. from a reputable nursery. These trees will have an approximate caliper size of one (1) inch. These trees have been selected as being very marketable and having a high rate of survivability. These 750 trees represent the calculated mitigation requirement. • These bare root trees will be purchased by Matrix Development Corp. and donated to the Tigard High School Boosters, which will then sell the trees as part of a fund raising program, with all proceeds being retained by the organization for use in their sponsored programs. • For the program to be successful, the species offered will need of species annaalinn to the nPnpral nuhlir. fnr rPSiriPntial iisP Thp cnPCiPS will likely tanri toward ornamental, shade and fruit trees with the ultimate selection of size and species based on the fund raising organization's assessment of what will most likely succeed in their sale. • The sale will take place at a well publicized site within the City (such as the high school), thus targeting City residents. • • Because these trees will be bare root stock, the sale will need to take place at a time when these trees are 1) available from the nursery, and 2) their survivability would be the greatest; most likely in the January through March period. • It is estimated that the proceeds would range from $15,000..to $20,000+, based on wholesale prices for these trees ranging from $10 to $30 each; any premium over wholesale will produce even more funds for the Boosters. • The promotional .materials will clearly identify that the sale is a subsidized event to promote the planting of trees within the City of Tigard and purchasers of the trees will be asked to sign a statement pledging that the trees will be planted within the City of Tigard. • In addition to the tree sale by the Boosters, Matrix Development Corp. will plant up to five (5) two-inch caliper trees on each of the 19 lots within the subdivision, in addition to the required two (2) street trees. This will total up to 95 trees and 190 caliper inches (not including the required street trees) that will count toward any mitigation requirement. This proposed mitigation plan will result in a total of approximately 850 trees, and more caliper inches (totaling approximately 750 + 190 = 940) than would be required to be planted within the City of Tigard using the City's standard mitigation program. This would be an overall ratio of total trees of over 10 to 1 and would fulfill both the intent with the spirit of the City's Code. NOTE: Based on the practical consideration of needing to conduct the Tigard High School Booster's tree sale during the late winter-early spring period, Matrix has provided the initial shipment of 310 trees to the Boosters for their sale. The trees were delivered to the High School on Thursday, February 20th. Matrix also provided $500 to the Boosters to aid in their setup and promotional expenses to assure the sale's success. The Boosters appointed Kris Homma to supervise the sale. She is particularly well qualified in this effort as she is a District Conservationist with the U.S. Department of Agriculture and frequently works in re-forestation efforts. Kris can be reached at 503-620-8048 (home). LtlatllL t1Ul'It5 .7UJ:JJOOJUV 1"• . • Emmons • MooM■ ■ ■ ■ ■M■ ' Monsoon TRIX ' DEVELOPMENT C RPO,ATION ' February 17, 2003 Tigard High Boosters ' c/o Kris Homma 16520 SW 93rd Avenue Tigard, OR 97224 ' RE: Tree Sale ' Dear Iris: Enclosed is our check payable to Hans Nelson & Sons Nursery in payment of the first 310 trees which the Tigard High Boosters will be selling. I understand the grower will deliver these trees to the Boosters on Wednesday, February 19''. Our commitment is to provide 750 caliper inches of bare root trees to the Boosters in ' whatever time frame you are able to sell them. If you find you have the opportunity to sell additional trees this spring, we stand ready to pay for them. Whatever cannot be sold this year, we are committed to providing next year. ' We wish you luck and are pleased to sponsor this fund raising event for the school. Sincerely, MATRIX DEVELOPMENT CORPORATION Craig `r Brown Vice President Enclosure: Check no. 25979 Morgan Tracy, City of Tigard / Planning Dept. 12755 SW 69th Ave., Suite 100 Portland, Orc`gun 97223 503.620.8080 - Tdrp6onc 503.59R.5'~J(10 -Tax LEGEND HUMES 5UJ*!JtirjaUU P. e • • PAGE r 1 'a"' HANS NELSON & -SONS nos2on DATE am soNURSERY, INC. t~ 2/6/03 nursery 31020 S.E. Waybill Rd. • Boring, Oregon 97009 'PHONE: (5003) 663-3348 ACCOUNT Na. CONFIRMATION 013100 s s Matrix Development Corp. H Matrix Development Corp. D 12755 SW 69th Ave., #100 p 12755 SW 69th Ave., #100 T Portland, Oregon 97223 T Portland, Oregon 97223 0 0 ORDER NO. ORDER DATE SHIP VIA COMMENTS TERMS CUSTOMER P O. NO. 23155 1/27/03 Nelson Deliver Cash in Advanc ESTIMATED SHIP DATE SALESPERSON' ORDER RACED BY' = -2/l/03 3/15/03 Dan Nelson Craig Brown QUANTITY PRODUCT.DESCRtPT101+1 S=CESCRIPT[ON=: UNIT PRICE; : ' ;AMOUNT 20 Patmore Ash 20 Canada Red Chokecherry 20, Snow Ftn. Cherry 5-1/2' graft, Reg. 1" 20 Royalty Fee, Snow Ftn. Cherry 20 Spring Snow Crabapple 1" 30 Kousa Dogwood, bare root l/2" 20 Hedge Maple 1" 20 Deborah Norway Maple 3/4- 20 Maltese Cross Norway Maple 1" 20 Royal Red Norway Maple 1" 20 Autumn Blaze Red.Maple, Reg. 3/4" 20 Royalty Fee, Autumn Blaze Red Maple 20 Aristocrat Flowring Pear, Reg. 20 Royalty Fee, Aristocrat Flw. Pear 20 Chanticleer Flowering Pear, Reg. i" 20 Royalty Fee, Chanticleer Fiw. Pear 30 Krauter Vesuvius Plum 3/4" 30 Thundercloud Flowering Plum 3/4" Thank you for your crderI - , TOTAL: The plants on this order bearing plant patent numbers have been produced under license from the patent owners and propagation or reproduction of any of these varieties without permission of the plant patent owner is in violation of the Plant Patent Law. Orders are accepted an the condition that they shall be void should injury befall stock from hail. fire. frost, flood. drought, theft or any Act of God or any cause beyond our control. All orders are accepted subject to errors in count and without Wally for non-performance due to stakes or labor shcrtapss. Any cancellation by the purchaser must be made In writing and received by us prior to the January 1st preceding the originally requested shipping date. Ap cancellations after oaeember loth are subject to a 10% charge of the original order amount No cence0atbns will be accepted after January tst. Any cost for boxing or baifing to be added. All shipments travel at the risk and cost of the purchaser. Our responsibility kaases on delivery to the carrier. A SERVICE CHARGE OF t OF TI-w UNPAID BALANCE WILL BE ' ADDED MONTHLY TO ANY OVERDUE ACCOUNT. • • Leiser Park Subdivision Part Two - Narrative for Economic Hardship Variance Using the outline provided by City staff, the applicant (Matrix Development Corp.) has prepared information and responses to the items contained in the outline. Apparently, this outline comes from the Institute for Local Self Govemment and may not be an official codified requirement of the City of Tigard. As such, it is a suggested guideline for addressing the issue of an economic hardship variance rather than a hard requirement. However, the applicant is able to address all of the items specified in the outline. Before proceeding with the addressing of the 12 criteria included in the general outline, the applicant wishes to note that there are some serious deficiencies with the 12 criteria that will not allow a meaningful picture of the total economic hardship. For example, there is no criterion that considers the costs of improvements to the land to bring the site to a marketable condition. This would include the construction of site infrastructure, expected reasonable profit for the developer from .the sale of finished lots in the subdivision, cost of extenuating economic circumstances (such as the payment in lieu for tree mitigation), and comparison of the price of lots for sale in this subdivision, as adversely impacted by the above costs, when compared to similar lots for sale in the vicinity or neighborhood. All of these factors will be included in this discussion because they are highly relevant to the discussion of economic viability of the project and resulting economic hardship for which a variance is requested. The date the applicant purchased or otherwise acquired the Property and from whom. Response: The site is composed of two separate properties, known as the Kuentzle and Leiser properties. The Kuentzle property is 1.88 acres. Matrix Development Corp. purchased it on August 22, 2001 from the Kuentzle family. The Leiser parcel is 2.48 acres and is owned by Ms. Anne Leiser. This parcel is under an option agreement with the balance of the purchase price to be paid upon closing after successful approval of land use and development applications to the City of Tigard. 2. The purchase price the applicant paid for the Property and the general terms of any financing that is secured by the Property. Response: The Kuentzle parcel was purchased for $319,339. This amount was paid in cash at closing. The Leiser parcel is under an option agreement from Ms. Anne Leiser. The agreed upon purchase price for this parcel is $335,000, to be paid upon closing which was to occur upon the successful approval of land use and development applications to the City of Tigard. This contract has now been extended twice due to the difficulty of securing the approvals necessary for development. Taken together, the site has a purchase price of $654,339. 3. The block and lot of any parcels either geographically contiguous to the Property ' or developable with the Property as a single unit and owned by the applicant, its relatives or its affiliates at the time of application or within the 10-year period before the filing of the application. • • Response: Neither Matrix Development Corp., any of its subsidiaries, nor any other company or entity affiliated with Matrix Development Corp. owns or has any interest in any parcel that is geographically contiguous with the site that would permit further development in conjunction with the site as a single unit. In addition, Ms. Leiser does not own or have any interest in any parcel that is contiguous to her parcel. 4. The fair market value of the Property at the time the applicant acquired it, describing the basis upon which the fair market value is derived, including any appraisals done at or near the time. Response: The fair market values / purchase prices of both the Kuentzle and Leiser parcels were determined by comparable area sales, estimated development costs and anticipated values of finished lots. Because Matrix Development Corp. is in the business of land development, its experience has demonstrated that the prices paid for the two parcels were both fair and reasonable, and within the parameters of similar parcels in the vicinity that demonstrate similar characteristics of size, location, physical characteristics, and the challenge of making a successful project. 5. The general plan, zoning, or similar land use designations applicable to the Property at the time the applicant acquired it, as well as any changes to these designations that occurred after acquisition. Response: The site, at the time of purchase, was zoned "Low Density Residential", which is R-4.5, as contained in the City of Tigard Comprehensive Plan. Since acquisition, there have been no changes to either the Comprehensive Plan designation or the Zoning. 6. Any development restrictions or other restrictions on use, other than government regulatory restrictions described in Paragraph 5 above, that applied to the Property at the time the applicant acquired it, or which have been imposed after acquisition. Response: The site was the subject of a sanitary sewer easement in 1991 to serve the Raze Meadows development, but the sanitary line was installed at an insufficient depths to serve the proposed development of the Kuentzle and Leiser parcels. The tie in point was so shallow that a significant berm was constructed over the pipe, where it crosses the Leiser parcel. The project engineer estimates that it will require approximately 1,000 cubic yards of fill to be imported and 5,000 regraded on the site in order to remedy the situation so that the sanitary sewer and storm sewer can serve all of the proposed lots. The fill that must be imported and relocated on the site will greatly exaggerate the number of trees that must be removed from the site. This is not a burden that should be placed on the applicant / developer. 7. Any change in the size of the Property since the time the applicant acquired it, including a discussion of the nature of the change, circumstances and the relevant dates. Response: There has been no change in the size of the site since acquisition of the Kuentzle parcel and the option agreement for the Leiser parcel. The site is, and always has been, a total of 4.36 acres in size. 8. If the applicant has sold, leased or otherwise disposed of any portion of the Property, or of any ownership right in the Property, or any portion of the Property, a description of each instance, including any relevant dates, sales prices, rents, and nature of the portion or interests in the Property that were sold or leased. Response: Matrix Development Corp. has not sold or leased any portion of the ' site. A small residence on the Kuentzle property is now occupied, on a month-to- month basis and without rent, to discourage vandalism. ' 9. Copies of any title reports or similar documents obtained at the time the applicant acquired the Property and at any time of any disposal of all or any portion of the Property as described in Paragraph 8 above. ' Response: The title reports for both the Kuentzle and Leiser parcels are provided in this bound application packet. 10. Any offers to buy all or a portion of the Property that the applicant has solicited or received, including the approximate date of the offer and offered price. Response: Matrix Development Corp. has neither solicited nor received any offers from any party to purchase any, or all, of the 4.36 acre site since the original purchase of the Kuentzle parcel and the negotiation of the option agreement with Ms. Leiser for the Leiser parcel. 11. The applicant's costs associated with the ownership of the Property, annualized for each of the last five calendar years, including property taxes, assessments, debt service costs (such as mortgage and interest costs), and operation and management costs. Response: Since acquisition of the Kuentzle parcel in August of 2001 and execution of the purchase contract for the Leiser property in May of 2001, Matrix has incurred costs (as of January 1, 2003) of $64,545 for planning, engineering, maintenance, property taxes, interest, consultants and legal fees. Additional costs for these fees and services continue to accrue. 12. Apart from any rent received from the leasing of all or a portion of the land, any income generated by the use of all or any portion of the Property over the last five calendar years. If there is any income to report, it should be listed on an annualized basis along with a description of the uses that generate or have generated the income. Response: Matrix Development Corp. has not received any rent from its direct ownership of the Kuentzle parcel, nor has it received any income from its indirect ownership of the Leiser parcel as a result of the option agreement with Ms. Leiser. There is no income to report by Matrix Development Corp. for any portion of the site. The 12 criteria contained in this outline do not provide for the opportunity to express the aoolicant's costs of ourchasina. holding. and oreDarina the site for sale. nor anv reasonable profit which the applicant should be allowed to obtain in recognition that the private sector is fulfilling the public sector's plans for orderly and timely growth and development. As such, the 12 criteria are inadequate and not allow the applicant to clearly express the true economic hardship involved with the proposed development. The applicant should be permitted the opportunity to express the economic hardship that it must endure in purchasing, holding, and preparing the land for sale at a market price that is competitive in the marketplace. Therefore, the applicant presents further economic information in fairly simple form that identifies the true economic hardship it must endure to bring this site into the marketplace. • • Estimated Market Value of Lots • Price paid for the site: Kuentzle parcel - $319,339. Leiser parcel - 335,000. • Holding costs to date (taxes, cost of money, etc.) 64,545. • Planning and engineering costs (projected remaining) 33,250. • Cost of fill/earthwork to provide services to the proposed lots because of previous sewers/storm depths (approximately 1,000 cu. yds. @ $10.00/cu. Yd.) 10,000. • Estimated cost to complete site infrastructure and bring 19 lots to marketable condition 318,400. • Fees, permits, bonds, appraisal, legal, consults, misc. 45,408. • Financing costs 38,000. • Profit and overhead @ 20% of investment 232,788. Total costs: (pre-tree mitigation) 1,396,730. Costs per lot at 19 lots 73,512. • Estimated maximum market value of finished lots: 75,000. Estimated Cost of Tree Mitigation • Potential full tree mitigation payment without variance approval (1,416" x 50% @ $125/inch) 88,500. Mitigation cost per lot at 19 lots 4,658. • Cost of Fund Raising tree sale for Tigard High School (750 trees at a cost of $20/tree at 1" equivalent) 15,000. Mitigation cost per lot at 19 lots 789. • On site planting of 95 trees (5/lot x 2" caliper @ $125/in.) 23,750. Mitigation cost per lot at 19 lots 1,250. • • Based on a prior commitment to Tigard High School, which was made in good faith as a result of what Matrix believed at the time to be a bonafide agreement with the City, Matrix has agreed to provide 750 caliper inches of bare-root trees to the school for use in a charitable fund raiser for school programs. The program has been designed and promoted in such a manner as to ensure to the highest practical degree that the trees will be planted within the City of Tigard. This program will provide approximately 10 trees that will be planted for each tree that is removed in the course of development of the site. Additionally, Matrix has proposed guaranteeing through a bond or similar manner that each lot will have 5 additional trees planted as part of the home construction. These are in addition to the required street trees, which will number approximately 40. Combined, the school's tree sale, the on-site plantings and the street trees will result in approximately 883 trees being planted to off-set the 81 being removed to develop the site. Under the scenario proposed by Matrix Development Corp., there will be approximately 11 times the number of trees planted within the City of Tigard than are removed from the site. The difference between the cost to develop lots in Leiser Park and other for-sale lots in the immediate vicinity is significantly impacted by the factors cited above, of which the "Potential tree mitigation payment" is a major factor. The end result would likely be a competitive disadvantage for Matrix Development Corp. in the marketplace. In fact, even if the additional cost of tree mitigation is removed from the equation, the result is an anticipated average lot price for Leiser Park that will place Matrix Development Corp. on the upper end of the scale for lots of similar characteristics in the immediate neighborhood. Therefore, to impose any tree mitigation payment in lieu of onsite planting would be to price this site nearly out of competitive contention in today's housing market. As such, a variance to waive the costs of any tree mitigation, would allow Matrix Development Corp. to be at least marginally competitive with its lot prices, given that the City's Code restricts development to a maximum of 19 lots on this site. Reduced Plan Set 0 0 LEISER PARK i I I I I I I I I I I ~ I I I n I s~ I I I I WJ I TL 1100 II I I F I I I I I I i I I I TL 200 TL 100 I LOT 6 LOT 9 Ftt1 U LOT 10 00 D S ' ilI MRRA( Vd I N i'I 6 7 8 I - ' ' I f--------1------- y- I I I I I 1 1 1 LOI 5 I LoT 7 Lore I~' 1 i I LOT 11 ' LOT 12 ' LOT 13 1 I 1 I I I I I LOT 14 I LOT 15 I 1-t----I---- 1E - - uL 1 TL 8800 I ~ it I I TL 8900 TL 2800 121 V d ool- 1 1 _--r--_- 1 _ -_--T- - - I I LOT 1 I I I LOT 2 I LOT 3 I LOT 4 I S I I I I LOT 19 I I LOT 18 I I LOT 17 I LOT 16 I I I I N 1 " = 50' F~H O C Rk SW BONITA RD. 81T'E f ' 03 A ] "I ~I I I SW ASHFO 0 ST DST. VICINITY MAP NTS SI TE - INFORMA TION PROJECT TEAM SHEET INDEX CO - COVER SHEET GENERAL LOCATION CIVIL ENGINEER DEVELOPERS Cl - TOPO / EXISTING CONDITIONS PLAN A 4.34 ACRE SITE LOCATED SOUTH OF BONITA RD. SR DESIGN LLC MATRIX OEVELOPMENT CORPORATION C2 - PRELIMINARY PLAT PLAN BETWEEN 79TH AND 81ST 8196 SW HALL BLVD., #301 12755 SW 69th Ave. p00 O VERTON. OR 97008 PORTLAND, OREGON 97223 C3 - CIRCULATION PLAN CONTACT: STEVE ROPER CONTACT: CRAIG BROWN PHONE: (503) 469-U13 RHONE: (50.3) 620-OM EXT. 222 C4 - TREE REMOVAL PLAN LEGAL LOCATION FAX: (507) 469-= FAX: (SW) 396-6900 C5 - PRELIMINARY GRADING PLAN nr SURVE TVR 0WINERJ PQ A f- - ' DV 70T11 PL A-11 D. PROFILE rnL. LLIIImIHNIVAnnDI i 9 u, nn a S.W. 1/4 OF N.W. 1/4, IN SECTION 12, T2S., RIW., WILLAMETTE MERIDIAN IN THE CITY OF TIGARD. G k L LAND SURVEYING, INC. MATRIX DEVELOPMENT CORPORATION ANNE LOSER TRUSTEE C6 - PRELIMINARY UTILITY PLAN WASHINGTON COUNTY, OREGON 8116 S.W. NIMBUS AVE. 12755 SW 69th Ave. X100 6009 SW PENDLETON CT. C7 - PRELIMINARY LANDSCAPE AND LIGHTING PLAN TAX MAP AND TAX LOT 2SI12B000300 BEAVERTON, OREGON 97008 PORTLAND, OREGON 97223 PORTLAND. OR 97221 AND PHONE. 541.0308 CONTACT: DING BROWN RHONE: (503) 620-6000 EXT. 222 CONTACT: ANNE LEISER PHONE: (503) 245-0547 S.E. 1/4 OF N.W. 1/4, IN SECTION 12, T2S., R1'W., FAX: (503) 598-6900 WILLAMETTE MERIDIAN IN THE CITY OF TIGARD. WASHINGTON COUNTY, OREGON T 28W SITE INFORMA TION TAX MAP AND AX LOT 2SI128DO ZONING: R-4.5 TOTAL SITE ACRAGE: 4.34 ACRES - 189,031 SO. FT. AVERAGE LOT AREA: 7,505 SO. FT. BENCHMARK NET AREJU INIMUM LOT AREA: 6,000 SO. FT. M MARK STAMPED: '1503' (CITY OF PORTLAND B.M.) ZONING LOT AREA: 7,500 SO. FT. BRASS CAP ON TOP 0 F A IRON PIPE, ON HALL BLVD., 70 FEET SOUTH OF MAX DENSITY: 19 LOTS MINIMUM DENSITY: 15 LOTS THE CENTERLINE OF BONITA ROAD, 33 FEET WEST OF THE CENTERLINE OF HALL BLVD., 2 FEET NORTH OF A TELEPHONE POLE, 32 FEET NORTH OF THE NORTH END CONCRETE CULVERT UNDER DRIVEWAY AT APT. AT 14545 S.W. HALL BLVD. ELEVATION: <178.88 PORTLAND)> 177 .51 U ~r L) ~ O "1 S Q ~ N M 8 S J'. k N c,al. 2 a~U ~ oou~ y~ % Of O O 2 > W a J Q O a z Li 00 O> 0 a 0 0 N Fw a ~ a o J 8 LU 0 x f d~ i 2 W H J U I... tL O W cQc VI CL ` U 0 V ! I to 1 ° n In 1 O J QO? J mph 4~ p m OF = 2 A' (n NyOI. .0 m~ OJ 80990 v @ ~o O O P a 4t O ~ - A lip 6~P~ 4~..~2 3tla yy y ~Yy ~Yp al N''P S yL A Y♦ ~a i °t 4N. di 11III 'F 21Y 0 { 0 `s i T. a ao° ° g a V IWIRS. p""" N grsa't cs 19 g1 444QYP *1 NZt P ~ ~ 1 ~ ~'yCr1 p'S 4 ~ u H ~ Q9xQQ Qg G r 2•~~A ~ 111••• T~Z.S ~ ~ 1 1 > O w~ 1p~^ { ~4~, ~ ~ 1 1 1 1 1 ~ y ~ 3a twit ~ - PrQ'g s S N So~s°~ -g4 R lit 16 ~c IS1,111 PROJECT NO- Mow CASt r 1,... 5R Des~'~ L1.C A~ _ - 30t PLAN 8LV0• S g11Ne+ 8196 SW HALL EA~ERTON, •OR 92 308FUt: (sos} tb9'1 W B PNOHE~ (W) r 00 C00W low t PAS p~LOPMEt~[t LEISER OREGON TIGARD. PORTLAND, OR MATRIX DEVELOPMENT CORP. O~ o 0 QESCRIPTION GATE NO' ATE: 11 25 OES EO' FILE: SR O1tA1NN: m4FCKE0: )(REF: tS1129 V ref'" = U N v~ W Q ~ 9YY N'de! N I I I I ~ I 1 I I :I I I ' I I TL 1100 I I R•16.0•~ I I I 1 211 i 2C.d I I TL 200 1 100 / r 9Ae Jar 0 _ td anon EASE-I GJ libel sr~:i I 1 a0 S ~I LOT X01 1 &142. sq.ft. -7 LOT 6 1 ;I~ 7,656. t. E 1;vR I'u 7,225. sq.It. bl a Ela 91ARE9 ACCESS V ' f al al 20' 91AR[0 ACCESS 7 8 9 PRTVAIZ UTI OI1HA: _ 1 Lo tt EASEMENT - II411i EA9fl01~ 1U I nAd =sib-- 1 SAI' I 0.1 I _T I I I ~ I 1 I r---II'I'-----F--- ~---"_1---_. -1 Z I I I _ 1 EXISTING 15' 1 I I 1 STM~ l SANITARY SEVER Is 2r I I EASEMENT TO BE EASEMENT I a I I (PRlpOSEO m~ 01 ~ LOT 5 bl LOT 7 bl LOT 8 I I" LOT 11 ~I LO 2 ~I LOT 13 ~I LOT 14 vi .I ~I 7.366. sgll, g1 7,IN2. sq.ll. g V la 7,365. sq.it. 1 1 1 LOT 15 i ~I i i 7,368 Sq•It. -I 7,369. aq.it. 7,392 salt. ^I 7,361, eq•II. I ~nl 7,353. sq.f1. .I I I I I I N I I I I I I N 1 I W P.U.E. (rn) I 'f1,'\~ ' I I I S.W. LGSM ILK I1 ~ _ ~r _G~ _l~._ 60.9' - ~~-69.0' 69.9~~ AAO•~__1 ~ _ 1 R.IAd I I I a21J I - - _ 50.0 - - - - - - - - - - - 2101 R.16.0, I I R•16.d R.IAd L_21l I I L4 1Y L•25.1 7 5 ee-r ~6SY_-_ ____5 2.4 1 lG Y 667 _ AA! I 1 L, P.UE. (rn) 1 I I I cc PALL Imo) 1 1 1 1 I ~.d I I 1 30' WS*O fl I y~ I~ I I ( ARC LOT 1 ` LOT 2 «I LOT 3 I LOT 4 I I 71 I j I LOT 19 I LOT 18 l LOT 17 LOT 16 of 7,372, sq.11. 9~ 7,374. Sq.ft. $1 7,379. 6411. $i 7,479. sq.ll. I tli I ~aI 6,09& salt. 7,379. 6R.ft. 1 7,374 6q.ft. l 8,226. 6411, I I I 1 EIOSTINc ,B I I I 1 I ~I I'"SANIAR7 SEER 1 6µI I I I I ~I I 1 EASEMENT 10 SE 1 I I I 1 I I I I=) I I 1 $I I R~ZIE TL 8800 11 TL 8900 I ' 1~ ~ yl TL 2800 LEGEND - - - - - - - EXIST UTILITY EASEMENT LINE - - - PUBLIC UTILITY EASEMENT LINE PROPOSED RIGHT OF WAY LINE PROPOSED PROPERTY LINE PROPOSED CENTERLINE 0 ~0 n0' I h w2-1 (n Qo2 m01N J ~ ~q Q b~ Oi Q bm~ v 1 o ~ T \ ~U C 0 Q Q 0 ~ 0 a d A It ii p U d 1- 0 D X 4 2 W J U ~ W O lz 'Q W z g a ~ v a Q, SIN. WJWA AD. I ~ I I~ I I I j I I I Ti. 1180 I L I 1 I n 10 1 I i I 1 my I I ..I I I a TL 1 Lv3 I I:.. R I TL 3300 Ti. 200 to Imo: 7AI 5 I. 1 0 I LOT 6 LOT 9 I LOT 10 TL 3400 A A W 0 II 6 7 8 9 a TL 1202 ' . , TL 50 TL 3600 TL 3'l00! TL 3800 I1 f _ - --r- T- -T--- 1 '.1 I I I ~ ~ ~ ~ ~ I I t~. ~i LOTS I LOT 7 I LOT 6 I LOT 11 I I I I I 1 1 ~:::I_ I ~ I i i ~ , ~ LOT 12 ~ LOT 13 i LOT 10 ~ LOT 1S ~ I.:;I 1< 1 'I ~I 1[:: t 1:::1 I', I I I I I I I I ' E- TL 1100 ; SNP ANNE I.Ep 7.m 1.00 .wo 9.00 I.OO r ro: Us' I-:r j.:I I I I I I L I ' 1 .I I I:? 1~ I I I~ I I I I, YY I3 ...I LOT I I LOT 2 I LOT 3 I LOT U I LOT 19 I LOT 16 I LOT 17 I LOT I6 1 f-. I 1 II I i i i L i i i I.}.I t ---------------•j=-~----- ---------------J------ x TL 8900 1 ..1.1 X 7900 TL. 8800 12 TL 2700 TL 7800 TL 9000 8I ' i I I I n 8600 TL 9100 TL 8400 TL 8500 ' TL 9200 TL 9300 TL 2700 fL 1000 TL 1100 TI.. 1200 TL 1300 o• - so 10U' LEGEND - - - PROP. CENTENUNE PROP. PROERTY LINE PROP. CENTERLINE MOP. CURB k GUTTER I - DENOTES ALLOWABLE WAif1C FLOW LO'I 00100001 I ::j - DENOTES E1OA1OIC ASPLULI L I o ~ yU o ° $ a N c Q rc A k Ln N i N u~ c u u & ~ u, s = n Q w 0 O Q O 4 0 z CL 0 0: p U w X_ m F Q d z~ 4 g Q N Q O a ~ tai a ~ i N 1 0 teary m 1 J $g I p (A L~ ~ mm~ m m H 100 V014N0004N_ O J NUN m N~ 44N ~01N(NJI 0 10101010 O O V V V Q 4N0 VNyI {N, IO {{N,, VIO {N,_ T -SItrOi4N{/+4NU00 to O V V V V V V 0101010101 01 O ~~10VO1A♦N100 V01_0,., A . N N N N N N was, Al JN NNNN-1010010101010 = avoll~It~1a,_00V4pua.tr O JwNwNNNNNNNN{,N{,,,,, OO V01~1+i 4N~S100)01 YI .J.I1NNN~II Np1NNNNNNNN{N{//,, A~41V OD0{OA4NU010 VUI J4{rlU {p,, {p~1Np 1NpNNN JI OOO{A ODV N{IIN VU~ ~~~S~rr~ki5m~amal~ ONpN pNp pNp ONpN•~"" /N_01007VO,utAN _ OV A 94-HU 010001N_0 ti O cl) r _a - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CO ~ 00 Q0 0 a 14 c J J~ g II 1 I 1 I 1 ' !*f J I 0 0 1 r 1 - c IF-- O • 1 00 T- i 0 1 IV Q 0 vx~T~~ F VV o'4pf S 1 1 I W 1 1 I 1 ~ ~ E 1 a CO 1 a - I 21 1 °V o I I I I I 1 1 1 1 1 Y J • O ON ON IS 2S A A 2S 25 A A \\Tllf/// ti ~ ti ti pp 9 pp V ~ ti pp oo 9 ~ ~ 9 m ~ O g 0 o=1 g A m $ og o~ g A ~ g g ~ g A ~ ~ ~ A A A A 1~i, 1m., A PROJECT NO. TpCC Nw, ~IGG /1 DATE NO. DESCRIPTION I BY - MAT001 L A F Pe U3SM ~i SR Design LLc CASE FILE NO. • ' " CPJGPNXRM SLWK>M 8196 SIN HALL BLVD., STE. 301 M65 SW 79TH AVE QA 1a DESIGNED: SR DATE: 11125102 SHEET Of BEAVERTON, OR 97008 PLAN TIGARD OREGON D DRAWN: SR FlLE SR C4 PHONE: (30,7) 169-1213 FAX. (30.7) 169-8333 TREE , E1fPIRE512-31 2 CHECKED: xREF: 8 MATRIX DEVELOPMENT CORP. PORTLAND, OR APPROVED. ?S112B00Z800 / z~ r7 I 7 1 00 00 C~ CJ d r'+ 1 N V- ~i \ O on 'D 1 A {J F t t a 4 R E a 1 q E O k --4 L'A r- C3 1 I it a i i q E 1 I ' 0 III ~l I ` 1 ~ t v o g p g~ g~ Q~ A A - DESCRIPTION DATE N0 L~Lc SR Del 301 BSS3 8196 SW HALL 897008 ST (503) r69- BEA~RT`O~.N~. 69-12'3 FAX' ) 110 C. ~ .u HAW PROJECT N0. PAS 1a MATp01 LSgS ~Q~ CORES 12-31 CASE FILE N0. A4665 SW / " IIGARD. OREGON DEVELOPMENT CORP. PORTLAND. OR PLAN&POFlE MATRIX go WK I BVC4 •2.b f .P :S v F w 8 m 8 48S~S Y° 1{O~Nti sN gDY- S 7N.. 1 N - 0 S > PROJECT NO, MAT001 PRELUNARY Q STREET PLAN O DATE NO. DESCRIPTION BY SR D in AND PROFILE LLC e CASE FILE NO. USSEI R PAW y 8196 HALL BLVD., STE. 301 tE 9665 SW 79TH A BEAVERT RTON, OR 97008 PHONE (303 46 PLAN ~7 •G !1 s QA,• DESIGNED: SR DATE 12131102 SHEET OF : ) 9-1213 FAX.• (303) 469-6333 PLAN/PROFlLE TIGARD, OREGON C. L DRAWN: SR FILE.' SR C MATRIX DEVELOPMENT CORP. PORTLAND OR EXPIRES 12-31 CHECKED: XREF, ~ , APPROVED: 2SI12SO02800 / - - - ► 00 E ;y#Ij i 0 r I 1 - SL`s/V~L 00+9 I- d+w :4`.~exeHR-mw~ilis . I rT- E A I~ i i E i I si TI T nri ~i ?E z IL IL U H 0 z LEGEND - EXIST STORM LINE ........a EXIST SANITARY LINE ---o--- EXIST WATER LINE 0 EXIST CATCH BASIN EXIST STORM MANHOLE EXIST SANITARY MANHOLE EXIST FIRE HYDRANT -So- PROP. STORM LINE SS . PROP. SANITARY FORCE MAIN . w PROP. WATER LINE p PROP. CLEANOUT ■ PROP. CATCHBASIN ® PROP. STORM MANHOLE PROP. FIRE HYDRANT I i 3 Ils!i i I it 3 u3-It Ijl 1 ao l i j1 ~ ('3 I II I iu3 j1 tl ~I 11 ui S I f8 I' ii3•j'f 1 TL 1 i 00 vl C~ I 1 I E ,r 3 0 W U m M a oo~ t w O J Q O ~ 8 a d CL o O 0 C w a 0 U, 0 x 2 1- o Q a 2 W J vi u d F a tn~ N 4 . QE: q O n 0' W OD Rf It= m m T` r.w~ Q p S.W. 815T AVE. -d - t---s 77 77 7 7 77 < - - - - F--- I I Imo, 0 I' I I 'Y~ 1 O 1 ~ 1 I 1 0 r*~ ---------I; ` 0 C) o I I ' 1 0 1 N 'I r I I r I J21 TRACT A T to T cz ~I I ~I 1 ° 1 1 r I I r I .I ! I o 1 frx - ' I S.w 80TH _ AVE. 0 I cry ~ 1 r 1~ 11 N I I 1 G 1 ---------t-~ I ' I o I cp y' s I, 'I I ! 00 f 1 m ~ I I ~ I ~I r 14 ~ I _ I 0 A•.•• I o % a~ II •--~---~--1 , ' I s ~i I Os 1 0 ~ I LIM WATER TRACT -sib / 0 s 0 SR Design LLc owrta~c - aA~.«c S RW"NC 8196 SW HALL BLVD., STE. 301 BEAVERTON, OR 97008 PHONE; (50.7) 469-1213 FAX.- (303) 469-BSS.! PROJECT NO. MAT001 CASE FILE NO. PLAN LANDSCAPE m ' )K 3:E 1 1 z gig r A. e K 6./1NI.W/' K AM LK*ff VC LEIS PARK W65 SW 7911-1 AVE TIGARD, OREGON MATRIX DEVELOPMENT CORP. PORTLAND, OR A p--", y.•u 4 U C. EXPIRES 12-31102 DATE NO. DESCRIPTION BY D£SCNEO: SR OATS: !21 OJ SHEET DRAWN: SR FlLE: SR CT CHECKED: XREh APPROVED: 2S112BD02800 Drainage Report I* m sm an No m mmin ~ ' w ~ m mas. = w no m m • • Leiser Park Drainage Report City of Tigard January 21, 2003 LEISER PARK PROPOSED SUBDIVISION Drainage Report January 21, 2003 DRAINAGE CALCULATIONS Purpose: The purpose of this report is to evaluate the sizing of a detention facility for the downstream capacity release rate for the existing and proposed site conditions, quantify runoff, and evaluate water quality and detention requirements of the proposed Lesier Park water quality facility. Based on Chapter 3 of the CWS Design and Construction Standards and the Tigard Public Works Construction Code, the rate of runoff from the developed site during a 25-year recurrence interval storms shall not exceed the rate of runoff in which 1 foot of freeboard must be provided for the downstream catch basins. The catch basins of concerns are located in Fanno Creek Drive north of Bonita. Additionally, water quality shall be designed to accommodate runoff from 100% of the newly created impervious surfaces. Pre-Development Conditions: The site is located west of the existing SW 79th Avenue and south of Bonita Road. The existing site is currently vacant with a house located on the parcel fronting SW 79th. The existing sites drainage is via infiltration. In the past the site drained from the southwest corner to the northeast and crossed 79th in a culvert. Once Mara Woods was allowed to fill the corner and cut of the natural drainage channel, run-off from the off-site contributing basin, Raze Meadows, ponded and ultimately infiltrated on-site. Raze Meadows currently drains into a pipe which dumps onto the west side of the proposed development. The water is currently un-detained and un-treated. This water from Raze Meadows will have to be routed to the detention and water-quality for the proposed site. Then the water will run through the existing pipe located in 79th and end up in Fanno Creek. The pervious area curve number (CN) used is equal to 78, representing a combination of woods and lawn areas. Pre-development site characteristics & runoff summaries: Area (1) Area (2) Impervious Area: 1.07 ac (CN=98) Impervious Area: 0.12 ac (CN=98) Pervious Area: 1.75 ac (CN=78) Pervious Area: 1.53 ac (CN=78) 6125 =1.64 cfs 025 = 0.67 cfs Area (4) Impervious Area: 0.46 ac (CN=98) Pervious Area: 0.67 ac (CN=80) 025 = 0.74 cfs Area (5) Impervious Area: 1.05 ac (CN=98) Pervious Area: 0.62 ac (CN=80) 025 = 1.26 cfs Area (6) Area (7) Impervious Area: 1.16 ac (CN=98) Impervious Area: 0.26 ac (CN=98) Pervious Area: 1.41 ac (CN=84) Pervious Area: 0.14 ac (CN=84) 6125 =1.74 cfs 025 = 0.30 cfs 1 1 r Leiser Park Drainage Report City of Tigard January 21, 2003 i • Post-Development Conditions: The post-developed site conditions and areas are shown on the Exhibit Basin Map. The site is to be developed with residential attached housing. Post-development site characteristics & runoff summaries: Area (3) Leiser Lane Area (3) Property to North Impervious Area: 0.88 ac (CN=98) Impervious Area: 0.81 ac (CN=98) Pervious Area: 1.72 ac (CN=84) Pervious Area: 1.56 ac (CN=78) 6125 =1.81 cfs 6125 =1.30 Dete Area (3) 79th Impervious Area: 0.12 ac (CN=98) Pervious Area: 0.22 ac (CN=84) G125 = 0.23 cfs Detention for the proposed development consists of a pond that has a water quality swale located within its bottom. The pond was designed assuming the water quality volume is full and the detention was staged within the swale. The peak stage for the detention facility is shown in the table below. 1 1 1 1 Detention Calculations: The impervious area for the lots was assessed at a rate of 2,640 square feet. The remainder of the impervious area was calculated from the actual public improvements. The detention volume for the pond was calculated and is included in this report. A summary of the results is shown below: Leiser Park cfs Inflow Q25 5.33 Outflow 2.54 Q25 Peak 169.98 ft Stage Pe k 9,405 ft3 Vome Top Pond 171.00 ft SR Des~en_ Engineering-Planning-Surveying Subject: WATER QVII41,11-Y CALCULA-RONS By: TP_P Date: 1-7-1 -03 Project No: M k roo l - L FISt__ 'PA iLv- Sheet: I of I W ATM QMALlry SWALE '__0 WA-t.er Ltw GTjj. = t oo F - Swa Lt- SL15PC o• '5o r-1- WI TDr+► D-M = 9 ~T - -T QEA.'TVAVM'r D E PTri = O.2 3 FT_ S1 O E S LGPt< 1N T~~ATtmf~1T fk~EA = sj 1 - D~SGNA2GoLr = o.1la G~S LJA,r 2- avlAuTI CAL(, LknoNS ' x 1..l. O. o w. E U ca. ~41N. WA. Dlatti+.\IApQ VoLumE - _ Z 8 3~+ Z - _ ALA ir,nP s~ G r ° 0.3 iv1 X AQ 1A WA.v llAlM1l~ ~o t ~mP i WQ VOLAME _ (0.36 inn x 78, 3HL -fZ~~12 +n/JP4- i 1V4.1 .Q. Vo wVri IA , A 00 scc - - Z 3 50. 3 -F+3 k WA 'r-mw - 2) 350.3 -~+S 11A11460 sew = ().I&, C s i i r i 8196 SW Hall Blvd., Suite 301 • Beaverton, OR 97008 • tel (503) 469-1213 9 fax (503) 469-8553 Leiser Park Water Quality Swale Worksheet for Trapezoidal Channel Project Description Project File c:\haestad\fmw\project3.fm2 Worksheet Water Quality Swale Flow Element Trapezoidal Channel Method Manning's Formula Solve For Channel Depth 1 Input Data Mannings Coefficient 0.240 Channel Slope 0.005000 ft/ft Left Side Slope 4.000000 H : V Right Side Slope 4.000000 H : V Bottom Width 4.00 ft Discharge 0.16 cfs Results Depth 0.23 ft Flow Area 1.11 ft' Wetted Perimeter 5.86 ft ' Top Width Critical Depth 5.81 0.04 ft ft Critical Slope 2.569997 ft/ft Velocity 0.14 ft/s 1 Velocity Head 0.32e-3 ft Specific Energy 0.23 ft Froude Number 0.06 Flow is subcritical. 1 101/21/03 09:30:39 AM I loom it') l03` 6~01~ v 103 -136 sex. . ~11N1 E = 12, 21r Im 0 U-rg-s > Q M I N. FlowMaster v5.11 Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1666 Page 1 of 1 1 1 1 1 1 1 1 1 1 1 1 0 Cross Section Cross Section for Trapezoidal Channel Project Description Project File c:\haestad\fmw\project3.fm2 Worksheet Water Quality Swale Flow Element Trapezoidal Channel Method Manning's Formula Solve For Channel Depth Section Data Mannings Coefficient 0.240 Channel Slope 0.005000 fttft Depth 0.23 ft Left Side Slope 4.000000 H : V Right Side Slope 4.000000 H : V Bottom Width 4.00 ft Discharge 0.16 cfs 0.23 ft 1 4.00 ft V H 1 NTS 101/21103 FlowMaster v5.11 11:53:24 AM Haestad Methods, Inc. 37 Brookside Road Waterbury, CT 06708 (203) 755-1886 Page 1 of 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PRO OSED + ' - RIPR.AP ENE GY c) DISSIPATOR I L Q T 15 I (I PR-0P-OSED - _ - W. Q. SW LE i D TF-Kf10N POND N: it PROPOSED I / R I P R A P ENERGY DISSIPATOR 6+00 Mr M M M IM~ M r M r M r M M M M M M N16 6.03 ` I s ~4I N15 LI 6.03 N13 N14 (YL Weaver Way 5.73 2 I Nt 4.42 vti 5.73 N11 i l 4.79 SW Bonit 4.01 2.87 2.54 1 N 5.33 N7 ~J L 2.54 4.20 YNS 'N2 (]>e N3 0.22 i4N4 N19 1tO SW 79th 1.64 SW Leiser Lane (~)N2 2.60 1.64 1 sw else N1 SWMM2000 Leiser Park Storm Design 11/26/02 Version 8.51 SCS 25 Year Hydraulics copyright (C) XP Sdhware Ucenced To: Evaluation [42-850-9999] Page 1/1 • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • 0 `N 111, ' b4YM d• y +YQ~~9 b+y tit it it it i 'LYE Y~ Ile* f ~60~ ~ / if~I6~~ F! I I M r M M M M M M M M M M M M r r M i XP-SWMM Hvdroloav Data&Result Node Sub area data SCS Hydrology Nodal Results Node Name Contributing area Impervious % Slope % Width SCS Curve Number Time of Concentration Initial Abstraction Depth Total rainfall Peak infiltration Total surface runoff Total surface runoff ac % ft min in in in in cfs N1 2.82 37.94 0.02 260 78 18 3.9 1.467 2.433 1.635 N2 - - N3 1.65 7.3 0.04 300 78 22 3.9 1.978 1.922 0.671 N19 2.6 34 0.02 200 84 10 3.9 1.174 2.726 1.813 N4 - - - - - N5 2.37 34 0.02 100 78 20 3.9 1.536 2.364 1.302 N17 0.34 34 0.03 90 84 12 3.9 1.183 2.717 0.235 N20 - - - - - - - - - N18 N6 N7 - - - - - - - - N8 1.13 41 0.03 150 80 10 3.9 1.302 2.598 0.744 N9 1.67 63 0.02 90 80 15 3.9 0.928 2.972 1.257 N10 - - - - N11 - - - - N12 2.57 45 0.06 250 84 24 3.9 1.031 2.869 1.737 N13 - - - N14 V 0.4 65 0.03 60 84 22 3.9 0.76 3.14 0.303 N15 - 0 0 1 • • Hvdraulics Calculations Location Drain Located On From Station To Station Dischar a Basin Area Imp. Area % Perv. CN TC Runoff Drain Design Pie Diameter Pipe Sloe Pie Ca acit Omax/Odes . Max Flow Max Veloci Vdesi n Drain Profile Length U str. Ground Elev. Downstr. Ground Elev. U str. I.E. Downstr. I.E. Surcharge Information Freeboard US Node Freeboard DS Node EGL US EGL DS 1 2 3 ac % min cfs ft % cfs cfs 16 ft/s ft ft ft ft ft ft ft It ft L1 N1 N2 2.82 37.94 78 18 1.635 1 1.5 4.364 0.375 1.635 8.22 5.556 168 184 182.21 179.52 177 3.947 4.94 180.053 177.698 L2 N2 N3 - - - - - 1.5 4.924 23.31 0.07 1.635 7.587 13.191 132 182.21 181.57 177 170.5 4.94 10.745 177.698 171.661 L3 N3 N4 1.65 7.3 78 22 0.671 1 1 5.146 0.506 2.602 4.901 6.552 316.7 181.57 174 170.367 167.2 10.745 4.555 171.661 169.597 L18 N19 N4 2.6 34 84 10 1.813 1 0.5 2.519 0.714 1.792 3.527 3.208 94 174.2 174 167.67 167.2 4.681 4.555 169.519 169.597 L4 N4 N5 - - - 1 0.507 3.663 1.147 4.195 5.313 4.664 132.25 174 175 167 166.33 4.555 5.834 169.597 169.22 L5 N5 N18 2.37 34 78 20 1.302 2 0.1 10.333 0.516 5.328 1.703 3.289 432 175 170 166.132 165.7 5.834 0.894 169.22 169.115 L16 N17 N18 0.34 34 84 12 0.235 1 0.5 3.639 0.061 0.22 1.546 4.633 109 174 170 166.445 165.9 4.894 0.894 169.106 169.115 L19 N20 N18 - - - 4.3 0 46.772 0.036 -1.681 0.014 0.427 96 175 170 165.7 165.7 5.894 0.694 169.106 169.115 L17 N18 N6 - - - - - - 170 170 - - 0.894 3.69 169.115 167.383 L6 N6 N7 1 0.5 3.639 0.697 2.535 5.006 4.633 99 170 168 165.695 165.2 3.69 2.403 167.383 166.204 L7 N7 N8 - - - - 1 2.072 5.129 0.494 2.535 5.963 6.53 85.9 168 171.22 165.1 163.32 2.403 7.303 166.204 164.447 L8 NS N9 1.13 41 80 10 0.744 1 0.95 3.473 0.825 2.867 4.51 4.422 127.32 171.22 172.76 163.22 162.01 7.303 9.714 164.447 163.31 L9 N9 N10 177 63 80 15 1.257 1 0.787 3.16 1.27 4.014 5.275 4.024 48.3 172.76 170.94 162 161.62 9.714 9.246 163.31 162.9 L10 N10 N11 - - - 1 9.525 10.996 0.508 4.788 10.76 14 74.75 170.94 163.72 161.28 154.16 9.246 6.958 162.9 158.48 1-11 N11 N12 - - - - 1 1.602 4.509 0.992 4.417 6.877 5.741 105.5 163.72 156.79 154.09 152.4 6.958 1.32 158.48 155.862 L12 N12 N13 2.57 45 84 24 1.737 1 2.428 5.551 1.031 5.724 7.196 7.068 173.4 156.79 162.81 152.4 148.19 1.32 11.704 155.862 151.911 L13 N13 N14 - - 1 0.449 3.45 1.659 5.724 7.216 4.392 113.5 162.81 156.76 148.15 147.64 11.704 7.033 151.911 150.535 L14 N14 N15 0.4 65 84 22 0.303 1 0.683 4.253 1.417 6.026 7.7 5.415 205 156.76 157.86 147.56 146.16 7.033 11.257 150.535 148.035 L15 N15 N16 - 1 2.48 8.104 0.744 6.027 1.301 10.319 200 157.86 143 145.96 141 11.257 1.357 148.035 14." t 1 1 1 1 ' • • 1/22/03 7:56:16 am Sh areware Release page 1 MAT001 - Leiser Basin 1-3 BASIN SUMMARY BASIN ID: Rlse NAME: Releas e Hyd for 25yr event SCS METHODOLOGY TOTAL AREA.......: 0.00 Acres BASEFLOWS: 1.54 cfs RAINFALL TYPE....: TYPEIA PERV IMP PRECIPITATION....: 3.90 inches AREA..: 0.00 Acres 0.00 Acres ' TIME INTERVAL..... 10.00 min CN.... : 80.00 TC....: 5.00 min 98.00 5.00 min ABSTRACTION COEFF: 0.20 TcReach - Sheet TcReach - Shallow L: L: 70.00 ns:0.1 220.00 ks:27. 500 p2yr: 2.50 s:0.0200 00 s:0.0200 PEAK RATE: 1.54 cfs VOL: 6.36 Ac-ft TIME: 490 min BASIN ID: pre125 NAME: Basin 1 25yr event SCS METHODOLOGY TOTAL AREA.......: 2.82 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE....: PRECIPITATION....: TYPEIA 3.90 inches PERV AREA..: 1.75 Acres IMP 1.07 Acres TIME INTERVAL..... 10.00 min CN.... . 80.00 98.00 TC.... : 18.00 min 18.00 min ABSTRACTION COEFF: 0.20 PEAK RATE: 1.64 cfs VOL: 0.59 Ac-ft TIME: 510 min BASIN ID: pre225 SCS METHODOLOGY NAME: Basin 2 25yr event TOTAL AREA.......: 1.65 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE....: PRECIPITATION....: TYPEIA 3.90 inches PERV AREA..: 1.53 Acres IMP 0.12 Acres TIME INTERVAL..... 10.00 min CN.... : 78.00 98.00 TC.... : 20.00 min 10.00 min ABSTRACTION COEFF: 0.20 PEAK RATE: 0.65 cfs VOL: 0.26 Ac-ft TIME: 510 min ' BASIN ID: pst325 SCS METHODOLOGY NAME: Basin 3 25yr event TOTAL AREA.......: 5.31 Acres BASEFLOWS: 0.00 cfs RAINFALL TYPE....: TYPEIA PERV IMP PRECIPITATION....: 3.90 inches AREA..: 3.45 Acres 1.86 Acres TIME INTERVAL....: 10.00 min CN.... : 81.00 98.00 TC.... : 11.00 min 11.00 min ABSTRACTION COEFF: 0.20 1 TcReach - Sheet L: 90.00 ns:0.1 500 p2yr: 2.50 s:0.0200 TcReach - Shallow L: 170.00 ks:27. 00 s:0.0450 ' TcReach - Channel PEAK RATE: 3.13 L: cfs 600.00 kc:42. VOL: 1.12 00 s:0.0050 Ac-ft TIME: 500 min 1 1 1 1 1 1 1/22/03 7:56:16 am Shareware Release MAT001 - Leiser page 2 Basin 1-3 STAGE STORAGE TABLE CUSTOM STORAGE ID No. pond Description: STAGE < STORAGE---- > STAGE < STORAGE---- > (ft) cf --Ac-Ft- (ft) cf --Ac-Ft- 166.00 0.0000 0.0000 168.60 6100 0.1400 166.10 232.65 0.0053 168.70 6337 0.1455 166.20 465.30 0.0107 168.80 6574 0.1509 166.30 697.95 0.0160 168.90 6812 0.1564 166.40 930.60 0.0214 169.00 7049 0.1618 166.50 1163 0.0267 169.10 7289 0.1673 166.60 1396 0.0320 169.20 7529 0.1728 166.70 1629 0.0374 169.30 7768 0.1783 166.80 1861 0.0427 169.40 8008 0.1838 166.90 2094 0.0481 169.50 6248 0.1893 167.00 2327 0.0534 169.60 8488 0.1948 167.10 2561 0.0588 169.70 8727 0.2004 167.20 2796 0.0642 169.80 8967 0.2059 167.30 3031 0.0696 169.90 9207 0.2114 167.40 3266 0.0750 170.00 9447 0.2169 167.50 3501 0.0804 170.10 9689 0.2224 167.60 3736 0.0858 170.20 9931 0.2280 167.70 3971 0.0912 170.30 10173 0.2335 167.80 4206 0.0966 170.40 10415 0.2391 167.90 4441 0.1020 170.50 10657 0.2447 168.00 4676 0.1073 170.60 10899 0.2502 168.10 4913 0.1128 170.70 11142 0.2558 168.20 5151 0.1182 170.80 11384 0.2613 168.30 5388 0.1237 170.90 11626 0.2669 168.40 5625 0.1291 171.00 11868 0.2725 168.50 5863 0.1346 171.10 12117 0.2782 STAGE < STORAGE---- > (ft) cf --AC-Ft- 171.20 12366 0.2839 171.30 12615 0.2896 171.40 12864 0.2953 171.50 13113 0.3010 171.60 13362 0.3068 171.70 13611 0.3125 171.80 13860 0.3182 171.90 14109 0.3239 172.00 14359 0.3296 172.10 14608 0.3353 172.20 14857 0.3411 172.30 15106 0.3468 172.40 15355 0.3525 172.50 15604 0.3582 172.60 15853 0.3639 172.70 16102 0.3696 172.80 16351 0.3754 172.90 16600 0.3811 173.00 16849 0.3868 173.10 17098 0.3925 173.20 17347 0.3982 173.30 17596 0.4040 173.40 17845 0.4097 173.50 18094 0.4154 173.60 18343 0.4211 173.70 18592 0.4268 STAGE < STORAGE > (ft) ---cf--- --Ac-Ft- 173.80 18841 0.4325 173.90 19090 0.4383 174.00 19340 0.4440 174.10 19589 0.4497 174.20 19838 0.4554 174.30 20087 0.4611 174.40 20336 0.4668 174.50 20585 0.4726 174.60 20834 0.4783 174.70 21083 0.4640 174.80 21332 0.4897 174.90 21581 0.4954 175.00 21830 0.5011 175.10 22079 0.5069 175.20 22328 0.5126 175.30 22577 0.5183 175.40 22826 0.5240 175.50 23075 0.5297 175.60 23324 0.5355 175.70 23573 0.5412 175.80 23822 0.5469 175.90 24071 0.5526 176.00 24320 0.5583 0 0 1/22/03 7:56:16 am Shareware Release page 3 MAT001 - Leiser Basin 1-3 STAGE DISCHARGE TABLE MULTIPLE ORIFICE ID No. Orif. Description: Outlet Elev: 166.00 Elev: 166.00 ft Orifice Diameter: 6.8500 in. STAGE <--DISCHARGE > STAGE <--DISCHARGE > STAGE <--DISCHARGE > STAGE <--DISCHARGE > (ft) ---CfS-- (ft) CfS (ft) CfS (ft) CfS 166.00 0.0000 167.30 1.4518 168. 60 2.0532 169. 90 2.5146 166.10 0.4027 167.40 1.5066 168. 70 2.0923 170. 00 2.5467 166.20 0.5695 167.50 1.5595 168. 60 2.1307 170. 10 2.5783 166.30 0.6974 167.60 1.6107 168. 90 2.1684 170. 20 2.6096 166.40 0.8053 167.70 1.6602 169 .00 2.2055 170. 30 2.6404 166.50 0.9004 167.80 1.7084 169. 10 2.2419 170. 40 2.6710 166.60 0.9863 167.90 1.7552 169 .20 2.2778 170. 50 2.7012 166.70 1.0653 168.00 1.8008 169 .30 2.3131 170. 60 2.7310 166.80 1.1389 168.10 1.8452 169 .40 2.3479 170. 70 2.7605 166.90 1.2080 168.20 1.8887 169 .50 2.3822 170. 80 2.7897 167.00 1.2733 168.30 1.9311 169 .60 2.4160 170. 90 2.8187 167.10 1.3355 168.40 1.9726 169 .70 2.4493 171. 00 2.8473 167.20 1.3949 168.50 2.0133 169 .80 2.4822 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 • • 1/22/03 7:56:18 am Shareware Release page 4 MAT001 - Leiser Basin 1-3 LEVEL POOL TABLE SUMMARY MATCH INFLOW -STO- -DIS- <-PEAK-> OUTFLOW STORAGE <___=====DESCRIPTION >(cfs)-_(cfs)--=id=_==id-_<=STAGE>-id--_(cfs)_VOL-(cf) DETENTION POND 1.54 5.41 pond Orif. 169.98 1 2.54 9405.26 cf .1 • • Detention orifice sizing Orifices English Units ' Civil Tools for Windows (01-22-2003, 08:01:18) Flowrate Area Coeff Headwater Center Tailwater Cfs sf ft ft ft 2.540 0.255 0.620 4.000 0.000 0.000 1 1 1 1 180.0 ' 170.0 160.0 150.0 ' 140.0 N1 L1 N2 L2 N3 L3 N4 L4 N5 L5 MWL6 N7L7N8 L8 NMIM16111L11N12 L12 N13L13N14 L14 N15 L15 N16 O.O(D : 0.000-0: 0.00.00 Q : 0.00 0.00: 0.00.00 Q : 0.00 0.00 0.00 0.0): 0.00.00.00 0.00 0.000 : 0.00 0.00 0.00 Q : 0.00 0.00 Q : 0.00 0.00 D : 1.00 D : 1.50 D : 1.00 D : 1.00 D : 2.00 D : 1.00 D : 1.00 D : 1.00 D : 1.00 -4-168.00-0--4132.001,- -4 --316.70 0--4132.250--4 432.00 ---►=99.00►-85.90-.4127.32►-►.4--►-105.50-X173.40♦-113.50►--205.00- ►-4-200.00-► • . Untitled Day [0] Time 00:01:00 Step 2 242.4 484.7 727.1 969.4 1211.8 1454.2 1696.5 1938.9 2181.3 ICING COUNTY, WASHINGTON,.SURFACE WATER DESIGN MANUAL TADLE 3.5.23 SCS 1VESTERN WASHINGTON RUNOF CURVE NUhIDERS SCS WESTERN WASHINGTON RUNOFF CURVE NUMBERS (Published by SCS In 1982) Runoff curve numbers for selected agricultural, suburban and urban land use for Type 1A rainfall distributkn 244xxw storm duratlorL CURVE NUMBERS BY HYDROLOGIC SOIL GROUP LAND USE DESCRIPTION A 6 C D Cultivated land(1): winter condition -88 91 94 95 Mountain open areas: low growing brush and grasslands 74 82 89 92 Meadow or pasture: 65 78 85 89 Wood or forest land: undisturbed 42 64 76 81 Wood or forest land: young second growth or brush 55 72 81 88 Orchard: with cover crop 81 88 92' 94 Open spaces, lawns, parks, golf courses, cemeteries,- landscaping. good condition: grass cover on 75% or more of the area 68 80. 86 90 fair condition: grass cover on 50% to 75% of the area 77 85 90 92 Gravel roads and parking lots 78 85 89 91 Dirt roads and parking lots 72 82 87 89 Impervious surfaces, pavemen4 roofs, etc. 98 98 88 98 Open water bodies: lakes. wetlands, ponds,.etc... 100 100 1DO 100 Singie FamAy Residential (2) Dwelling Un t/Gross Acre % impervious (3) 1.0 DU/GA 15 Separate curve number 1.5 DU/GA 20 shag be selected 2.0 DU/GA 25 for pervious and . 2.5 DU/GA 30 Impervious portion 3.0 DU/GA 34 of the site or basin 3.5 DU/GA 38 4.0 DU/GA 42 4.5 DU/GA 46 6.0 DU/GA 48. 5.5 DU/GA 50 6.0 DU/GA 52 . 6.5 DU/GA 54. 7.0 DU/G.~ 58 Planned unit developments, % Impervious condominiums, apartments, nVJ9 be computed conlrnerclal business and kWustrW areas. ..r r-vr a more oetaseo oestxlption of agrsWUXW taro use CLXV0 MlInDent roger to National Engineering Handbook, Section 4, Hydrology, Chapter 9,•August 1972 (2) Assumes root and driveway ttutoff Is directed Into street/storm system. ' (3) • -The remaining pervious areas (lawn) are considered to be In good condition for these curve numbers. .3-5.2-3 2/89 C-1 120 1 ' Soil name and map symbol Aloha: I Amity : 2 Astoria: ' 3E 3F _ Briedwell : 4B 5B 5C 5D Carlton: 68 6C Cascade: 7B 7C 7D 7E 7F ' Chehalem: 8C Chehalis: 9 10 Cornelius 111B ' 11C 110, HE [IF Cornelius part ' Kinton Part Cornelius Variant: 12A 128 12C ' Cove: 13 14 Dayton : ' Del ena 16C Goble: 17B I7C 17D 17E 18E 18F Helv tia : 196 19C 19D 19E Hembre: 20E 20F 20G Hillsboro: ' 21A 21B 21C 21D Huberly : 22 Jo3B 2 238 23C 23D 23E 23F Kilchis : 24G: ' Kilchis part Klickitat part • • SOIL SURVEY TABLE 13 --Soil and [Absence of an entry indicates the feature is not a concern See Glossary for descriptions of such Hydro Flooding logic group Frequency Duration Months C None C None B Non B None B None C None C None B Common C None C None C None D Common D None D None C None C None B None B None D None C None C None B None Brief I Nov Mar Brief I Dec Apr 122 SOIL SURVEY TABLE 13. Soil ax Soil name and Hydro- Flooding map symbol logic group Frequency Duration Months Klickitat : 25E, 25F, 25G B None Knappa : 26 B None Labish : 27 D Frequent Very long Dec-Apr Laurelwood : 28B, 28C. 28D,28E,29E,29F B None McBee: 30 B Frequent Brief Nov-May Melbourne: 31B, 31C, 31D, 31E, 31F B None Melby: 32C,32D,32E,33E,33F,33G C None Olyic: 34C,34D,34E,35E,35F,36G B None Pervina: 36C,36D,36E,36F C None Quatama : 37A, 37B, 37C, 37D C None - .Saum: 38B, 38C, 38D, 38E, 38F C None Tolke : 39E, 39F B None - Udifluvents : 40 B Frequent Very brief Nov-Apr Verboort: 42 D Frequent Brief Dec-Apr Wapato : 43 D Frequent Brief Dec-Apr Willamette: 44A, 44B,44C,44D B None Woodburn: 45A, 45B, 45C, 45D C None Xerochrepts: ' 46F: Xerochrepts part B None Haploserolls part C None 147D: Xerochrepts part D None Rock outcrop part. J 1 This mapping unit is made up of two or more dominant kinds of soil. See mapping unit description for the composition and behavior of the whole mapping unit. I: 0 0 ' . • ' Infiltration + Evaporation + Surface Runoff + Snow removal + Water remaining in Surface Storage + ' Water remaining in Snow Cover......... 2.209548E+05 Total Precipitation + Initial Storage. 2.201414E+05 3.914 3.900 ' The error in continuity is calculated as * Precipitation + Initial Snow Cover * - Infiltration - *Evaporation - Snow removal - *Surface Runoff from Watersheds - *Water in Surface Storage - *Water remaining in Snow Cover Precipitation + Initial Snow Cover Percent Continuity Error -0.370 * Table R6. Continuity Check for Channel/Pipes * You should have zero continuity error * if you are not using runoff hydraulics * Inches over cubic feet Total Basin Initial Channel/Pipe Storage....... 0.000000E+00 Final Channel/Pipe Storage 0.000000E+00 0.000 0.000 Surface Runoff from Watersheds 1.458506E+05 2.584 Groundwater Subsurface inflow 0.000000E+00 0.000 Evaporation Loss from Channels 0.000000E+00 0.000 Channel/Pipe/Inlet Outflow 1.458506E+05 2.584 ' Initial Storage + Inflow 1.458506E+05 2.584 Final Storage + Outflow 1.458506E+05 2.584 * Final Storage + Outflow + Evaporation - * * Watershed Runoff - Groundwater Inflow - * * Initial Channel/Pipe Storage * ' * Final Storage + Outflow + Evaporation Percent Continuity Error.. 0.000 # Table R9. Summary Statistics for Subcatchments # Note: Total Runoff Depth includes pervious & impervious area Pervious and Impervious Runoff Depth is only the runoff from those two areas. Subcatchment........... N1#1 N3#1 N19#1 ' N5#1 Area (acres)........... 2.82000 1.65000 2.60000 2.37000 ' Percent Impervious..... 37.94000 7.30000 34.00000 34.00000 Total Rainfall (in).... 3.90000 3.90000 3.90000 3.90000 Max Intensity (in/hr).. 0.93990 0.93990 0.93990 0.93990 Pervious Area Total Runoff Depth (in) 1.51023 1.78192 1.79942 r 1 1 i 1 1 1 1 1 1 i 1 r • 1.56010 Total Losses (in)...... 1.46651 1.53621 Remaining Depth (in)... 0.00000 0.00000 Peak Runoff Rate (cfs). 1.01466 0.85940 Total Impervious Area Total Runoff Depth (in) 0.92327 0.80369 Peak Runoff Rate (cfs). 0.62031 0.44272 Impervious Area with depression storage Total Runoff Depth (in) 0.00000 0.00000 Peak Runoff Rate (cfs). 0.00000 0.00000 Impervious Area without depression storage Total Runoff Depth (in) 0.00000 0.00000 Peak Runoff Rate (cfs). 0.00000 0.00000 Total Area - Total Runoff Depth (in) 2.43349 2.36379 Peak Runoff Rate (cfs). 1.63497 1.30212 Unit Runoff (in/hr).... 0.57978 0.54942 Subcatchment........... N17#1 N12#1 Area (acres)........... 0.34000 2.57000 Percent Impervious..... 34.00000 45.00000 Total Rainfall (in).... 3.90000 3.90000 Max Intensity (in/hr).. 0.93990 0.93990 Pervious Area Total Runoff Depth (in) 1.79352 1.57821 Total Losses (in)...... 1.18255 1.03053 Remaining Depth (in)... 0.00000 0.00000 Peak Runoff Rate (cfs). 0.15487 0.95525 Total Impervious Area Total Runoff Depth (in) 0.92393 1.29126 Peak Runoff Rate (cfs). 0.07978 0.78157 Impervious Area with depression storage Total Runoff Depth (in) 0.00000 0.00000 Peak Runoff Rate (cfs). 0.00000 0.00000 1.97775 0.00000 0.62193 0.14032 0.04898 0.00000 0.00000 0.00000 0.00000 1.92225 0.67091 0.40661 N8#1 1.13000 41.00000 3.90000 0.93990 1.53292 1.30184 0.00000 0.43892 1.06525 0.30501 0.00000 0.00000 • 1.17361 0.00000 1.19661 0.92697 0.61644 0.00000 0.00000 0.00000 0.00000 2.72639 1.81305 0.69733 N9#1 1.67000 63.00000 3.90000 0.93990 1.09975 0.92770 0.00000 0.46517 1.87255 0.79204 0.00000 0.00000 A r 1 1 Impervious Area without depression storage Total Runoff Depth (in) 0.00000 0.00000 0.00000 0.00000 Peak Runoff Rate (cfs). 0.00000 0.00000 0.00000 0.00000 Total Area Total Runoff Depth (in) 2.71745 2.59816 2.97230 2.86947 Peak Runoff Rate (cfs). 0.23466 0.74394 1.25721 1.73682 Unit Runoff (in/hr).... 0.69016 0.65835 0.75282 0.67581 Subcatchment........... N14#1 Area (acres)........... 0.40000 Percent Impervious..... 65.00000 Total Rainfall (in).... 3.90000 Max Intensity (in/hr).. 0.93990 Pervious Area Total Runoff Depth (in) 1.09911 Total Losses (in)...... 0.75969 Remaining Depth (in)... 0.00000 Peak Runoff Rate (cfs). 0.10616 Total Impervious Area Total Runoff Depth (in) 2.04120 Peak Runoff Rate (cfs). 0.19715 Impervious Area with dep ression storage Total Runoff Depth (in) 0.00000 Peak Runoff Rate (cfs). 0.00000 Impervious Area without depression storage Total Runoff Depth (in) 0.00000 Peak Runoff Rate (cfs). 0.00000 Total Area Total Runoff Depth (in) 3.14031 Peak Runoff Rate (cfs). 0.30331 Unit Runoff (in/hr).... 0.75828 Runoff simulation ended normally. XP-SWMM Simulation ended normally. Your input file was named : D:\XP SWMM\LeiserPond.DAT Your output file was named : D:\XP SWMM\Runoff\25SCSRUNOFF.OUT SWMM Simulation Date and Time Summary Starting Date... November 23, 2002 Time... 10:39:37:17 Ending Date... November 23, 2002 Time... 10:39:45:50 Elapsed Time... 0.13883 minutes or 8.33000 seconds Title Report #1 0 i we as Mill o First American Title Insurance Company of Oregon F An assumed Iwsuiess of VILE INSMANCE COMPANY OF OREGON 1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201-5512 (503) 222-3651 FAX (503) 790-7865 or 1503) 790.7858 Preliminary Title Report June 4, 2001 ALTA Owners Stand. Cov. $335,000.00 Premium $1,025.00 ALTA Owners Ext. Cov. S Premium $ ALTA Lenders Stand. Cov. S Premium $ ALTA Lenders Ext. Cov. $OPEN Premium $ Order No. : 926725 Indorsement - 100, 116 a 8.1 Premium $ 50.00 Escrow No.: 01061118300 Other Cost $ Re Leiser, Trustee/Brown Govt. Serv. Charge Cost $ 50.00 A consolidated statement of all charges and advances in con- nection with this order will be provided at closing. First American Title Insurance Company of Oregon 19075 NW Tanasbourne Drive Suite 100 Hillsboro, OR 97124 Attention: Judy Lynn Telephone No.: (503)645-0320 Fax No.: (503)645-6351 ' We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring title to the following described land: 1 Lot 60, DURHAM ACRES, in the City of Tigard, County of Washington and State of Oregon; and as of May 31, 2001 at 8:00 a.m., title vested in: ANNE LEISER, Trustee of the AMENDED, RESTATED ANNE LEISER TRUST dated May 23, 1996; Subject to the exceptions, exclusions and stipulations which are ordinarily part of such Policy form and the following: i 1. City Liens, if any, of the City of Tigard. Note: There are no liens as of May 31, 2001. 2. Statutory Powers and Assessments of Unified Sewerage Agency. 3. The rights of the public in and to that portion of the premises herein described lying within the limits of roads, streets or highways. 4. An easement created by instrument, including the terms and provisions thereof; Recorded February 6, 1991 as Fee No. 91006224 Favor of City of Tigard For Sanitary sewer Affects The West 20 feet j 5. Terms, provisions and conditions of the Trust Agreement of the AMENDED, RESTATED ANNE LEISER TRUST dated May 23, 1996, and any subsequent modifications, a copy of which should be submitted to this office for inspection. This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a title insurance policy and shall become void unless a policy is issued, and the full premium paid. 9L/9 30dd °E9:91, L0-9Z-d3S `0068969B09 `1N3WdOl3A30 XIUIVW :Ae IN3S 0 0 Page 2 Order No. 926725 6. The following matters pertain to Lenders Extended coverage only: (a) Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 1 (b) Parties in possession, or claiming to be in possession, other than the vestees shown herein. (c) Statutory liens for labor and/or materials, including liens for contributions due to the State of Oregon for employment compensation and for workman's compensation, or any rights thereto, where no notice of such liens or rights appears of record. NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon, imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Certain conveyances may be exempt from said ordinance, in which case, Washington County will require a correct and timely filing of an affidavit of exemption. For all deeds/conveyance documents which are recorded (including situations to most lender requirements) either the transfer tax must be paid or affidavit acceptable to the county must be filed. NOTE: Taxes for the year 2000:2001 paid in full. Tax Amount $1,036.59 Code No. 023.74 Map & Tax Lot No. 2S112BC-00300 Account No. R511805 NOTE: We find no judgments or United States Internal Revenue Liens against CRAIG BROWN or MATRIX ' DEVELOPMENT CORPORATION. FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON ROBERTA D. STRAW Title Officer Voicemail (503) 790-7844 Fax (503) 790-7858 RS:n cc: Leiser Intervivos Trust Attn: Anne Leiser, Trustee cc: Matrix Development Corporation Attn: Craig Brown CCR'S provided, if applicable THANK YOU FOR CHOOSING FIRST AMERICAN TITLE We look forward to assisting you in all of your title and escrow needs 5l/6 20Vd •tS:91 10-9Z-d3S !0068969BO9 •°1N3Wd013A30 XII:li" :A9 1N3S i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • • Recording Information: Filing Address: Washington County 155 North 1st Avenue Hillsboro, OR 97124-3087, Recording Fees: $5.00 per page $6.00 per document (Public Land Corner Preservation Fund) $11.00 per document (OLIS Assessment & Taxation Fee) $5.00 for each additional document title $20.00 non-standard fee gl/OL 30Vd `b4:9t L0-9Z-d3S !006996geog 1N3Wd013A30 XIHiVW :A8 1N3S 1 ,-V A M E R First American Title Insurance Company of Oregon SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POLICY (10117192) ' The following matters are expressly excluded from the coverage of this policy and the Company will not pay lass of damage, costs, attorneys' lees or expenses which arise by reason of: 1. (a) Anylaw. ordinance orgovernmental regutationiincludingbutnollimited tobuilding endZoning laws, ordinances; orregulations) restricting,regulatig,prOMDibrgorfelstngte(i►lheoccupancy, use, or enloyment of to land: (a) the character, dimensions or location or any tint rovemem now, or hereafter erected on the land; (iii) a separation in ownership are charge in thedkreraiona or area Oahe land or any parcel of which the land is or was a part: or (iv) environmental protection, o the etiect at any violation of these Is", ordinances o gpverrwrhertsl regulatlors, etcoept o the extent that a noticeof the enforcement thereof or a notice o1 a defect, ken or encumbrance rest" from a violation or alleged violation affecting the Law has be9n recorded in the public recrds al,Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, ken or encumbrance resutirg from a violation or alleged violation affecting the lend has been recorded in the public records at Date of Policy 2. Algha of eminent domain Inle9.4 notice of the exercise thereof has been recorded in the pubic records at Data of Policy, but not excluding from Coverage any taking which has occurred prior to Dale of Policy which would be binding on Pw rights of a purchaser for value without knowledge 3. Detects, Wens, encumbrances, adverse claims ;c, omer malferw (9) Created, SUffared, assumed or agreed to by the insured claimant,. (b) not known to she Company, not recorded in the public records at Date of Policy. bur known lothe insured claimant and not disclosed in wring to the Company by the insured dairnam prior lothe date the Insured claimant became an mewed under this policy: (C) resulting in no Ioss or damage lo the insured claimant: ' (ot) atteehing or created subsequent to Dated Policy (except to the extent that this policy insures the priority ot the lien ot the insured a"& over any statutory ken for services, labor or materiel or lone extentinsurance is elfordi herein as to assessments for street impovernents under Construction or completed at Date of Policyor (e) resetting in logy at damage which would not have been sustained d the ensured claimant had paid value for the insured mortgage. 4 Lkwiloreahiliy at to ken of the insured mortgage because of the moodily or failure at the insured at Date of Policy, or the inaWity or failure of any subsequent owner at the ere 'adness, tooomply with applicable doing business laws of the sate in which the land is situated. 5. Invalidity of unenforotablllty of the ken all the insured mortgage, or calm theroot. which anses out of the transaction evidenced by the imsed mortgage and is based upon usury or o ny ounsumher credit protection or truth in lending law. 6. Any statutory ken for services. Labor o materials (or the claim of Priority of any statutory lien for services. Labor or materials over the lien ot the insured mortgage) arsmg from an mprovernem or work reined b the land which is domracled Inn and commenced subsequent to Date of Policy and is not financed in wrote or in part by proceeds of the indebtedness secured by the insured mortgage which at Data of Policy the inured has advanced or is obligated o advance 7. Anyclaim, which arisesoutdMetransaction creatinythheinterest dRremortgagee insured bytdspolicy,byreason oftheoperation offederal bankruptcy state insolvency. or simllffioadilos'ngMs laws, that is bttsetl on (f) Vie transaction creating the mtaresf at the insured mortgagee being deemed a fraudulent conveyance of fraudulent transfer; or (k) to subordinaton of tie Interest a("* assured mortgagee as a fall at the application at the doctrine of equitable subordination; or (iii) the transaction creating the Interest of the Insured mortgagee beep deemed a preferential transfer except where the prelermliat transfer results from the lalkxe: (a) to Lamely record the instrument of transfer; or (b) of such recordation lo impart notice to a purchaser for vakre Ora judgement or ken credits. ALTA OWNER'S POLICY (10117192) ' The hollowing matters are expressy exCUded from the coverage of this policy and tea Company will not pay loss or damage, costs, atomevs' lees or expenses which arise by reason of: 1. (at Any law, ordinance or governmental regulation (including but not itmled to building and zoning laws, ordinances. of regulations) restrichN, regulating, prohibiting or retailing to (i) the occupancy, use, or eryoyment of the lard; (k) the character, diimensions or location d any improvement now or hereafter erected on the Land: (iii) a separalion in ownership or a change in into dinensios or area of the land or any parcel of which the land is or was a pan; or (iv) environmental protection, of the effect of any violation at these laws, ordinances or governmental regulations, except to the e nerd tall a notice at the enforcement thereof or a notice of a detect. Wen or enambrence resulting from a violation or alleged violation affecting the land has been recorded in line pubic records A Date at Policy. (D) Any governmental police power no excluded by (a I above. except to the extent that a notice of the exercise thereat or a notice of a detect, ken or encumbrance resulting Irorrc a violation or alleged vity"On affecting the and has been recorded in the public records at Date of Policy 2 Rights of eminent domain unless notice of the exercise "real has been recorded in the public records at Date of Policy. but riot excluding tram coverage any taking which has a= hied prior to Date at Policy which would be binding on the rights of a purchaser for value wthout knowledge. 3 Defects, liens, a narmbranoes. adverse claims or other maters' to) created. sutered, assumed or agreed to by the insured claimant: Ib) not known to the Company. not recorded in the public records at Date of Policy. but known to the, Insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured Claimant became an insured under Ins policy. Ic) resulting in no less or damage to the Insured claimant: Id) attaching or created subsequent to Date of Policy; or (a) resulting In loss or damage which would not have been sustained t the Insured claimant had paid value for the estate or interest insured by Ids policy. 4. Any claim, which arises out of the transaction vesting in the inured the estate or interest msuredby this policy, by reason of me operation of federal bankruptcy, state insolvency, or similar Creditors' rgms laws, that is based on (I) the transaction creating the estate or interest insured by tics policy being deemed a fraudulent conveyance or touduient transfer; oh (li) the transaction creating the estate or mnefest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the tallure: (a) 10 timely record me InWrUmam of barrAer, of (b) of such recordation to mean race to a purchaser lot value or a judgement or hen Credilor en SCHEDULE OF STANDARD EXCEPTIONS The ALTA standard policy term will contain in Schedule 6 the following standard exceptions to coverage: I Taxes or assessments whicn are not shorn as existing liens by the records of any taxing authority mat levies taxes or assessments on real progeny or by the public records; proceedings by a public agency whhcl*. may result in taxes or assessmemb. of notices of Such proceedings. whether or not shown by the records of such agency or by the pubir records. 2. Any facts, rights, mhereshs, or claims which are nor shown by the public records but which could be ascertained by an Inspection of said land or by making inquiry of persons in possession thereat 3. Easements, encumbrances, or claims inereol, nor shown by file public records, unpatenled nutting claims, reservations or exceptions in patents or in acts authorizing the issuance thereof; water rights. claims or title to water 4. Any ken, or flgnt to a lien. for services, labor, or material ha•elofore or hereafter hnn,sned, imposed by new and not shown by the public records. ' 6. 11 creparaies, conflicts in boundary line,, snortage in area, arc+oaChmems, or any other Tact, which a corl"I survey would disclose. _ NOTE: A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) WILL BE FURNISHED UPON RFOUEST. TI 149 9L/LL 39Vd •ti9:9L W -9Z-d3S 0068865£09 °1N3Wd013A30 XIHiVW Ae 1N3S t THIS MAP IS FURNISHED AS A CONVENIENCE IN LOCATING PROPERTY AND THE COMPANY ASSUMES NO LIABILITY FOR ANY VARIATIONS AS MAY BE DISCLOSED BY ACTUAL SURVEY ~ .A AI E F : C first American Title Insurance Company of Oregon An assumed business name of TITLE INSURANCE COMPANY OF OREGON 1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201-5512 (503) 222-3651 SEE MAP ZS 1 1298 l • Q R B ~ 1, No. 7!!) •T.44c35 M r $9.37969 9~.xIO19 •I,zlmo 140.•• W • 98 200 i 100 10•.9 1400 1300 1200 ~Z .534C. STAG. 6800 .43AC. .4ZAC. ZOAc. , I Q ~z W tltl .47 Lx.) 141.1r > 1 O 6900 r 1201 2 4 Q 7 .aoAc. :g s9 p ♦ f 7000 tit 1203 o' I . /7Ac. 3 ~ 1 7100 III LL1 1 1202 x9 xo 300 4- 4 i /7Ac. R 2,49 nr.►s !i4 90 314.96 9d 1XI 7200 1X V 4100 w 71A PT L94 4G ~44.9a i ~ 400 2 S Z. :L:2 3B a, 1>3 3500 Ii ~ 59 60 N 19 ~t2 W X3600 ad SEE ~4►,0 20 9d 10.01 o 17s3► loo 2S I A 117.43 8000.35 c 7900 7800 0 ~Q-► 8800 +89002 3700 3 2 8 I : Q~ o 1 21 88100 0 - N - 4 `r : ll n 9000 114.13 D ! 40.11 ALSO b` 3e0o A: 13 22 " SWxSAROLE W. 141.94 114 +r 870 a loo' u.94 8200 ~y' 9s.ot es.os ' IO ~ ~ 9100 5 8500 S d 14 -10 h 3900 12a 'Z' 8400 r... $ I43a9 Iss' e 23 83-4 N 7 00 8 ao - 8600 „ 9200 11154 ~ ~ g ~ n 15 0 4000 - +wtnatL I f l r~exas o4a3 00' Iss' ~e 24 I! !12.97 ~tD' 69.14 69.61 19.74 70.37 / 9600 9500 9400 9300 nx.x6 / w 900 o Iq ~ 18 t 17 9I./ZL 30Vd °99:91. L0-9Z-d3S !0068869£09 `1N3Wd0-I3A30 XIUIVN :A8 1N3S 1 I 1 1 1 1 1 MlT. _ ~ . ~ -fir.,C.. 1 ~y~h",gin. - __..~43fiC~~; %:.'.O..:yf;e - :i:, ..rT _ ::L^:i!7JV:,ih'.,Jkf:abC !p"Mb~`•iw ~T! hH.ra,S'!,`li.. _---r.. = 8 10062e4 INDIVIDUAL-GEttEFAL PARTNERSHIP w~Mfep~~~~ PERMANENT SANITARY SEWER EASEMENT W KNOW ALL MEN BY THESE PRESENTS THAT Ann Leiser hereinafter called the Grantor, in consideration of other aeod and valuable - consideration (S 0 grants and conveys unto the City of Tigard, hereinafter called Grantee, a perpetual easement for constructing, reconstructing, operating, maintaining, inspecting and repairing of an un- derground sewer line and appurtenances, together with the right to remove, as necessary, vegetation, foliage, trees and other obstructions on the fol- lowing described parcel of land, situated in the City of Tigard, Washington L..- county, state of Oregon: SEE ATTACHED EXHIBIT "A" - IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any M. right, title or interest except those expressly stated in this easement, J nor otherwise prevent Grantors from the full use and dominion thereover; provided, however, that such use shall not interfere with the uses and pur- poses of the intent of the easement. _ IN CONSIDERATION of the premises, Grantee agrees that if said Grantee, its successors or assigns should cause said easement to be vacated, the - rights of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantors, their successors and assigns in -'-D the case of such event. TO HAVE AND TO HOLD the above-described and granted premises unto said Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the grantor(s) has (have) he_.eu to set his (her) - '_4-1 (th ir) hand(s) and seal(s) this 1-9-3 day of (SEAL) I SEAL) (SEAL) (SEAL) STATE OF OREGON )r SS "i County of Washington ) r"" /O~ 1911.. BE IT REMSERED, that on this-al day of _2 Letfore me, the undersigned Notary Public in and tor the State of Oregon, - personally appeared the within-named who is (are) known to me to be the identical individual(s) described in and who executed the within instrument and acknowledged to me that he (she) (they) executed the same freely and voluntarily. IN ESTIMONY WHEREOF, I have hereunto set my hand and seal this day of AMN(Y L OGG Notary Pu is for 0r o . -I (NOTARI LN®RARV p LIC - OkEG N My Commis ion Expires: - 7 - 0+2 - Approved as LGa' `day of 192Ci . - By: I Title: r. Approved this ZQ,►k day of 17ece uber 19 90 G N4i,vcEizi v4 Giry or 7?&ato. GRANTOR'S NAME/ADDRESS DEPARTM OF J= T 0,MZ4VV - Ann Le ierr By- SW Pendleton Ct. Title: e..~e 6009 Portland. OR 97221 - RETtEiN RECORDED flOC[RMTr 10: aMY RECORDER, TIGW PO BOX 23397 7MGM OR 97223 - 9l/£l 30dd `99:91 10-9Z-d3S `0069969£04 `iN3Wd013A30 XIUIVN :A8 iN3S ALPHA ENGINEERING, INC. ` i T V OPM E-A EYI O R O S 09 EL EN VICES SV V N ENOINEERIN tp t AUGUST 21, 1990 EXHIBIT "A" LEGAL DESCRIPTION FOR EASEMENT PURPOSES i PUBLIC SANITARY SEWER EASEMENT: LEISER TO CITY OF TIGARD A STRIP OF LAUD IN DURHAM ACRES, A RECORDED SUHDZVISION PLAT LO- CATED IN THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M., CITY OF TIGARD, WASHINGTON COUNTY, O REGON; SAID STRIP BEING MORE PARTICOLARLY DESCRIBED AS FOLLOWS: 1 1 1 1 1 1 1 1 tiA BEGINNING AT THE SOUTHEAST CORNER OF LOT 60, SAID DURHAM ACRES; THENCE ON THE EAST LINE THEREOF, NORTH 00 12' 00" EAST, 263.94 FEET TO THE SOUTHWEST CORNER OF KARA WOODS, A RECORDED SUBDIVI- SIGH PLAT; THENCE ON THE EAST LINE OF LOT 69, NORTH 00 124 00" EAST, 20.00 FEET; THENCE NORTH 09 48' 00" WEST, 15.00 FEET ; THENCE PARALLEL WITH THE EAST LINES OF SAID LOTS 60 AND 59, SOUTH 00 12' 00" WEST, 263.94 FEET TO THE SOUTH LINE OF SAID LOT 60; THENCE SOUTH 89 48' DO" EAST, 15.00 FEET TO THE POINT OF BEGIN- NING. 6u1TE 18 . 1750 S.W. SKYLL49 OLVD. PORT IAND.ORCOON 27221 • 1503)297.1 50 ;.•i'..•. 'y'. C ,jfiy:r.- -'y_ j.t .tw(•:y_•4•,' :..[T~~a• 9l/tit 30Vd 0 !99:91 10-9Z-d3S `0069969009 •`1N3Rd013A3a XIUiVa :AS 1N3S SENT BY: MATRIX DEVELOPMENT; 5035988900; SEP-25-01 15:56; PAGE 15/15 p] pfu"Rpp@rrE&u! It"YrrN$"rVm$$+92B1&,uS6 j, _(•,P -ea:.H * f+81-. -W Jcc<$JcE ..•.....•W - :1•L ~Y,~•',:a ~..~•,-•M1;~1!l:GA: :i~tir:'.:., rry~. .a^~1-`-' _ ~ ti tt " rnr.-tiw~tis+-r...~.s±~iem:.= pii~w'',i' 1 1L/,A4 • ' i t~.•4 . W'bPJr.',_'.::.:~ 1 ~ ":;,~iF~,~ x; ,mow ~ .:i:...._. wdzz1SS:EO 166L/90/LO Fr ,tLk? 1 •~+1{ ~"si lti'«~yr* w• i oo•Ex TL989 :aDau .r':r , . i y r zra:.~ ="+'si. !l. J•y'1'°'~,'4::ts•'t~' ,y;'.';..~.•-._. 02290016 DOQ `e';,`•. ? Cdr' k i ' l !K IWill ~a° >SN6~;. .ol~ysr •93 P l; lt~o ' o s s~ to ,o lt~: • ' 'a'~' r x c_ m •A1un 1K't0 iP+ lio+w~~L~ lei curt P"foo AAA ~i MA ,us i 0143M 841 la4j ar IW utl8o i0{ smuW. ' . afo0 to is o - s +1oltlYS1 pus luawo+aaoY to .uoH 'y Auo(• y v ~ • uoi~lYO~Mb~iao + 39 HODBIAD J0 JiVl9 fir ^IfS 6 °~f 1'1 i e~ os yoN °°e r' i ane ~ ',+a Ljl1 ,y ti ` I L-J If Orr Et'-,Q3 r~ 1 00 NJ Cc, jr 77 1, ml, J J J .T ' r - Cin ~ :~~-'~'`~=i`' ~ h~ 1 Bl~e LI, .-81~• 6ai r^.~ I {4'r='. i GOX \ ~.r ' iw/' .r~• t"t / r r 'low ?ate r_ 4W 1 _j ~_=rte' I ~*o.oc~%' i* .1 t >f 9 S 1C~/Y • as di►7/I wX°°.•* a1L • 0.1 :~+r,.__v ' n p / ,,bl • / 01 a ~ ~ . 0'b T ~:M•-r ~e ~ 4 • F a ^ _ Ise 1 r ~o ~,.•d::.. [40ter` i~''I~SE1Nd ' - Xv~~•~r_i i .1 a,\~ ; : ~.,o: .Of OW93 Irv. RX9 C7.':ftZ / / ~32ltLil)i0oNiiYW M LJ 01 2194 , L a a d awt a. mn a. SQ 0141 a.aav Waspy .wee.Y C J<a7 6 Q. 9 Q i on vb'M MM r u j1 a,ov ! - t oa coa oar pord _ arms riwoe Mr r.r- Title Report #2 0 10 FROM s 2001.07-24 14:44 1t384 P.02/07 M a k r .r ` Firs Aynerimn TYale Insurance'-,company of Oregon AP wooed bAl ww ar TrW. MSURANCE OOMPANY OF OREGON v 1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201-5512 15031 222-3651 - FAX (503) 700-7665 or 15031 790-7656 t Preliminary Title Report "Way 1, 2001 ALTA Owners Stand. Cov. 0326,000.00 Premium 91,007.00 ALTA Owners UL COV. $ Premium 6 ALTA Landers Stand. Cov. 6 Premium s ` ALTA Lenders W. Cov. $280.600.00 Premium $307.00 Order No. 923552 Indorsement-100, 118 & 8.1 Premium 6 $0.00 Escrow No.: 01100488 other Cost $ - Re Kuentzie/Webbw Govt. 5erv. Charge cost s 50.00 A comordated statement of all charges and advances in con- nection with this order will be provided at closing. First American Title Insurance Company of Oregon 38760 SE Proctor Blvd Sandy, OR 97055 Attention: Shelley Bolfik Telephone No.: (803)668-4161 Fax No.: (6031668-8851 We are prepared to issue Title, Insurance Policy or Policies in the form and amount shown above, insuring title to the following described land: For legal description see Exhibit "A" attached hereto; and as of April 20, 2001 at 8:00 a.m., title vested in: KARL KUENTZLE and ROSA KUENTZLE, as tenants by the entirety; Subject to the exceptions, exclusions and stipulations which are ordinarily part of such Policy form and the following: 1. Taxes for the year 2000-2001: Tax Amount $1,269.47 Unpaid Balance S 423-15, plus interest, if any. Code No. Map & Tax No. 023.74 2S112BD-02800 Account No. RS11958 1 r 1 2. City Liens, if any, of the City of Tigard. Now There are no liens as of April 26, 2001. 3. Statutory Powers and Assessments of Unified Sewerage Agency. This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a thle Insurance policy and shall become void unless a policy is issued, end the full premium paid. Z 30Vd `19 91 10-9Z-d3S `006986g£Og `1N3Wd013A30 XIHiVN :A9 1N3S FROM j . 1 1 1 1 1 1 1 MB:dw cc: Karl and Rosa Kuantzle cc: John Webber cc: Century 21 Preferred Realtors Attn: Diane Hammon Attn: Closing Coordinator cc: RE/MAX Equity Group, Inc. Attn: Paula Peek Attn: Closing Coordinator MIKE BRUSCO Title Officer (503) 790-7660 THANK YOU FOR CHOOSING FIRST AMERICAN TITLE We look forward to assisLlnq you in all of your title and escrow needs 0 i 2001.07-24 14:45 #364 P.03/07 Page 2 Order No. 923652 4. The following matters pertain to Lenders Extended coverage only: (a) Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. (b) Parties in possession, or claiming to be in possession, other then the vestees shown herein. icl Statutory liens for labor and/or materials, including liens for contributions due to the State of Oregon for employment compensation and for workmen's compensation, or any rights thereto, where no notice of such liens or rights appears of record. NOTE: Washington County Ordinance No. 267, filed August 6, 1982 in Washington County, Oregon, imposes a tax of a 1.00 per 51,000.00 or fraction thereof on the transfer of real property located within Washington County. Certain conveyances may be exempt from said ordinance, in which case, Washington County will require a correct and timely filing of an affidavit of exemption. For all deeds/conveyance documents which are recorded lincluding situations to meet lender requirements) either the transfer tax must be paid or affidavit acceptable to the county must be fled. NOTE: The address of the property described herein is, 14665 SW 79th Avenue Tigard, OR 97224 NOTE: We find no judgments or United States Internal Revenue Liens against JOHN D. WEBBER. FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON £ 30dd `19:91 10-9Z-d3S °0068964£09 !iN3Ald0l3A30 XIaib'W :AS iN3S 1 1 1 r r i FROM 2001.07-24 14:45 #3e4 P.04/07 Recording Information- Filing Address: Washington County 165 North 191 Avenue Hillsboro, OR 97124-3067 Recording Fees: $5.00 per page 38.00 per document (Public Land Corner Preservation Fund) 611.00 per document (OUS Assessment & Taxation Feel $5.00 for each additional document title 820.00 non-standard fee b 30dd `ZS:9L 1.0-SZ-d3S `•006886SEOS `1N3Nd0-l3A30 XIUIVIN :A9 1N3S 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r 1 1 1 FROM = 2001.07-24 1414S WtB4 P.06/07 Order No. 923552 EXHIBIT "A" Lot 61, DURHAM ACRES, in the City of Tigard, County of Washington and State of Oregon. 9 30Vd `•Z9:9L 10-9Z-d3S •`0069969609 `•1N3Wd0l3A30 XIUIVN :.19 1N3S FROM 1 i 1 1 1 1 1 1 a 1 0 0 2001,07-24 14:45 0394 P.05/07 S~ AMPh/~, .r P n` esq. First American Title Insurance Company of Oregon SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POLICY IMAM) .The bfawi+p mows we esrpeeaky eadsded nom the spwrapa d Est policy and ee Canpam w1A noway loss or oamrpe. oasts a sonoom, moor expense, ~ fertile by mum d: 1. la) Awylaw,a!digsrrvopttaarnwelYr.gJaiun{mdtdirgtanrotlalwadlot><Ifpbptam=arnpdwaordln.nbeis,wrap!Mlisnalreelrigino,replAelmp.prohbiinps►nlednB1o1011.ocolaparsy. use. or aryoynrrN of the Ind; In) the vwview. Wmmiau Of WAim d afiykWfterna111 row a hreatMr WGCW On h Isutd: (Ili) ■ Mwalal n samrstip w a taMrpf h se tYhortaiofla a . "cept the ago of ad" nor Iiouaajdwi~tenlo ~rllitw.oofiro eaadewionor irlcvMbrarosr~iam~npit mivvioolaat~ a~ dvaieb~'~ je d parsr so Dais of pass,. 11o tie ice raoornsd Agitate" wain pelf nsmr fb) NW flossess aernal police Dosrv rot onksled by NI wove, expect a she WWI so a seine of the ssertise thereof or a nDdca al a dalan, (en or sinewrtltrance locating from s vie(aaon a absped vin' w enacelrq M wd lea bean fsbrad M eta ptiehcrecoM M Dole of Policy. 2. RfpMe of emrits daptam uifsaa noln at the esa1D'laa alareof has been reaoreed in awn prbkc neconol at Dole of Poky, bum rot wnaudinp from covefage"taking which has ommed peter to Dro d Policy wflarlwenrea tit" on this, hphls dapirchowler value wiftiff knowledge. 3. DalaQs, a inn, racswtOrastoes, adrelae daiita a doer manors: (a) laaafad atllwed, aaalned or speed n by ate intend efaarem. lb) nol anown a Ire Company. rtM wmrdrdin nesaOleraoords if We of Policy. buff known a she insured danuni and cal diectoaed in ywhing to hie Company, by so ihaured dlgkrienk prior to Rb nap eta ~so tlasnam OarJrne W iwttri d under lies poky: Ill raanldrlp ~ ro teas a arfafps to ee insutas cssinlartl; Ids ~l~tlligaaaehadihdaglwuboweolpokeyleaoap10wennermRWthis poky onrrssVitt priority ofthe4m01tMmaednduyhpeowranyatlltuloryWloraanos.labor amawiel a b ealarL oevanae O alladed hewn as to as wsartwym lot awl mprovenherss wider mro+Nttion or compblad at Detect Policy): m (e) rert~rtp h Vrs dr eahtape ve11C/1 p ed rot nsve been susloenad it she lican d daiharo had paid value for Om Ir unW malpapa. e n wbr~us yahrwedIncmanede1DO@aPolicy, afhsitatilrytrliikredanywWaprma--slow rdetaeenees.rooonplf 5. rwa6dM er utrtlarraapilry d ohs tin of 11a imam Film t. r claim *wool, whIM ahses out Af me sanseesion widened by ft reuse "ape end Y nand Loon U9ry at any rareun»r peon pfTlaaaal a nfAl+a hwhdirg Iii. 6. MMftseanrY►enfortrrricss.kwormaton Sfaaucd"IofwwityofanysaaAerybnkysMwo&v.Wwror n6tmlitsover sixteen of lheiwnwsdrronpltpa)rWVfrom annhpovemowuorwant scaled a sAiidnal, tend w*h N wnvacud IM and oemnwnno aliweell0nr to Use of Poky and c nal financed In whow or in pal by proceeds of ins incebreQless secured try she insured man w. DM d policy the j%wed has adventec a is eplipaled to advance. 7. Anycisin.wh)dlwriest aAdmenaninfionciamngtheerateafasinsmatpapreinsuredbythispolicy,byreasonafMecpaalionDI rederalbaisruptry.time ineohyncy.or"let cnda 'rghrc iliac. final Is ewes m: 01 Inc tnetaaefan aeaiirip err anieresi a nw makrea monpopw bgahp oeemeo a nwdulenl taftveyaroe a rattdtulent traneier : or fit rte alWdilalien Warr iraerM of We nsweD MMONpen At 11460 01111c apalrAwn a Re doC4ea ol eplitabe subardrtaaan! a CC) M krartalLl pen olsarq etc .werea sf role rnwnd nvaftpapw temp deemed a ryelerenkial xenelef ercegl vwrre as pefaendal nanafeu rweuhs Iron na failure; la) b lirtely wand Ira aurufnslr OI Lens+ar; a rb) Of libel! rsaadaaon to span to" to a puicrasor for value or a Iuagemerv or can cedar, ALTA OWNER'S POLICY (1047192) Ths isia og ma" tit aspasaiy eacrd6a nom "coverage d Ines DOW and fns Carnoany will not paying or damage. basis. elor bears' few or experges efoich arise by rsasm of: l• IG) Any law,rdinartonerpevennmenerepUlallbfu(nckdogbunotmsednOki" andrenrglaws. ordianew,or regtaallimlreexicing,npulaTnig,prohloiirgoftow" ro(i)fheociaulmny. use. a wwyffwl at me lard: (ii) me MaliLlar, omens ons or baton or any mtpovsmam now of hnaaMer erected on lie land: (iai a separation in osysi rakip are dwV in the Gary M a araad the lard or any parcel of which he Ionic is orway a pan: or f iv l onworrnunal Draedgn, or fed eneq of any violation of those few, ordinances or poi arnmerRal NQ111abons. saw to (h eahm shat a notice o we emabemem filered as Mike of a salsa, ion of snclntorence recuhirg from a violation or alleged violation afl.eing the lard luebeer+reboPdad+h Inc talEiic reoaa al Celle at Policy, III) Any po"Ari nenTal boilp Dower not eeCTlood by (a) aoovs, eacsc; to fin onam Thal it notice of The exercise tree-roof at a mice at a delaa, IMn at enaSenbrona b naaeaifg tram a vtderon or atisgad itolotion alittauy rrto nano nos been reooroed in one pu:mc xarards at Oala cif Policy. 2. Righlo at sonetanl contain uriie.: race of me exorcise thareer has Deem recorded in the DIAIC femrds at 061 1, of Policy, but riot ssduding hem coverage any tolarg which has occurred peon to Dale at Poky .tier would be boidetp on Ine ripny or a purchsser for vacua without knowledge. Deleas, t+K, erlG,.reraraes, toverao claims a cew"weers: 41 crowd, suearec. aswmea of agreed to by the nauraa caiman; IN Ave known a lee Company. to raooroeo n 1M pubes records at Dee of PDMIY. Dui shown In tNl rrlavred caiman! and rhpi fNscbtlea m wAtirg fo Ins Company by the irwured daimem prix iD It1! dab the eihra0 aalmadl beeamP. gn xnrasred trafer dole OOI~': (C) ItlelAtflp i.ro roar:Of damage m tns msurad eMimard: (d) shading a nealaa eibwolwro to Oae or Pokry: err (e) !eau" in loss a dsmapd wbcn would nor have then tuslanea line insured claimant had paid value for the eirfale dr i rtf"I insured byEhu pokey. e. Any ctaaR which nt"6 oral lee l ranseraaon vesting in the incwea)no estate or interest inured by ifrill poetry. by reason of lee operation of federal bankruptcy. state insolvency, or simUaraediars' fights Wes. oak it Dosed on: (i) me rtansaeNOn onalitp she sftale or nmbrra wend bT' tfrlo pdiel•fwinp deemed t haudWerll aorireyartef a nrauMm Iranshr•. or A lie transaction creating me safe or nreraa INWW oy fie; Daley aging aeomed a prarsnl W tronslorarwpl where ins pefefentiat Transfer town tram the faille: cal q f.rety nerare no+ inprnrnsnt sl xanaler: or (bi el such retomaxron to ayTpan rotate to a oufchmer Io, value of s pldgemerd er 4n cradlor SCHEDULE OF STANDARD EXCEPTIONS Tne ALTA aancard pollpl' corm win eamwn in Senadwe D Ire fonomn; slAn Bard eseepams to coverage: 1 • Taaes err aaelasyrwret winch arc not srown as noting lien! e~ Ind rteoror of any tenting aUfAi7Aty that loves tgsb_ or aisaserrnente on roal property a by Ins public rococo.: Drocoednp6 Dy e pwbfic agency when may rerun in ILL;r or assessmeMG• or notices ah such prod adinpe• rHMxatr Or not Shown by Ins fsearo■ of apeney or by the Pudic records. 2. Any Isaac, rights. nurenis. or claims wrum tru rah srown byMe puM:: recorn out vAkh could be ascertained by an inspection a( Geld land or by making iNuuy of p.racna in possession nNrsor. Easements, eniumbrances. or ewme thereat. eat snown by the dual: records, unpferoad mining dons, rruarvailons or esoeptons in petents or in acts aMherikinp the swans uwest: writer tights, dsrrii7 err lino to water a Any non. Of Aahl to a lion, for sevkac, Itrar. or motional nerrdoore or nervaner furninhW. Imposed by taw assn not shown by ins pubes fecofee• S. Dscrapendm, cMficts in couroery Iles. shdnapt in Prim. onctowmenn. Of tiny other facts wren a eonsel ourvW would disclose. MOTs! A SPECMSSN COPY Op THE POLICY FORM TOM PDRMSI lehL: ll: FVRMSNED UPON REWS21T. Ti Us Rsv. 5•ea 9 30Vd •Z9:91 10-9Z-d3S `0068969£05 `1N3Ad013A30 XIUIVN :A9 1N3S 2001.07-24 14,46 #384 P.07/07 FROM I t Mll MA,' ll! hUIlt ''IED AS A CONVENIENCE IN LOCATING PROP"-"y AND THE COMPANY ASSUMES NO LIA-iTY FOR ANY VARIATIONS AS MAY BE OISCLL,__J BY ACTUAL SURVEY ` ~~tl'ArC'~ First American ritle Insurance Company of Oregon An 68aw"a M.Avem Rr" 0/TITLE INSIMANC[ COMPANY 00 ORGOON 1700 S.W. FOURTH AVENUE, PORTLAND, OR 07201-5512 (503) 222-3651 W-T %.V" t IVt\ at. t LJ t♦ t Va R 2 S112BD WASHINGTON COUNTY OREGON SEE MAP SCALD= I`= 100' 2S 1 12.6, •aa♦ ~aaaa~a~yes,11►raa~a~aa ~+ttaa~a~►aa~a~~aaavwas aaaa~'~Q~=>4►z aa~.~aa a ~ ♦t►a~aaa~r►aa~aa aaa ~ aI. atns M_taOLI - al.eon Mau 3200 _ 3100 390! t w tw gum I tOQo 900 „a„ 800 Q .39Ac. 3Mill A2R ..l7A t. a e 67 86 S 34M .W cMARA we tea 5 37M 3900 / X38 S 9 7rs~/AG 2900 1100 cae.l~~,~ ~ asec 61 JI 62 ` 63 ,zoo JW AC Mile aessr + ' 2700 1300 600 189 /0 ZM AC 1W AC P D6 55 54 + 4200 EL 4300 t^, P Soo a RAZE MEA.IoWS= ia~oD~ IS&X 23 4500 4400 ad ffi N : . sI•. _ x+10. oa ye, 50 ` 5 t `A 9L/L 30Vd `E9 9L L0-9Z-d3S `0069969E09 !lN3Wd0l3A30 XIHIVW :A6 1N3S SENT BY: MATRIX DEVELOPMENT; 5035988900• NOV-26-02 1:30; PAGE 1 1 1i1,. .a4 ~ jJ:.,• ~ Y ~ M ` ~..4 fir. k , Y i er:eP$wx$ie:r~x dap !!`w~:a4~~►iklF+:!&~i#w/4. (1017,132) 491" 1 ALTA Owner's Poky O PLIVALICY OF TITLE INSURANCE ' a ST AME J1, F ti 15S1ilil.> IiF First American Title Insurance Company of Oregon r 200 S.W. Market St. 9 Portland. Oregon 97201 • (503) 222-3651 ' SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE S AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON, a Oregon corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A against loss ' or damage, not exceeding the Amount of Insurance stated in Schedule q sustained or incurred by the insured by t reason of. 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lads of a right of access to and tram the land. e The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to r the extent provided in the Conditions and Stipulations. BY ATTEST 9V O dW FIRST AMERICAN MEEWMRANM COMMAY OF OREGON 444d949N& PRESIDEM' ' i SECRETARY L KL o ah.!s. lit Ti-193 8/93 SENT BY: MATRIX DEVELOPMENT; ' Policy No.: 923552 • 5D35988900; SCHEDULE A Amount of Insurance: $319,339.00 ' Date of Policy: August 22, 2001 at 3:36PM 1. Name of Insured: r MATRIX DEVELOPMENT CORPORATION- 2. The estate or Interest in the land which is covered by policy is: The fee simple estate-- Premium: $995.00 ' 3. Title to the estate or Merest in the land is vested In: MATRIX DEVELOPMENT CORPORATION--- 4. The land referred to in this policy is described as follows: Lot 61, DURHAM ACRES, in the City of Tigard. County of Washington and State of Oregon. 1 PAGE 1 of Owner's Policy (1992) No. 923662 NOV-26-02 1:31; PAGE 2/4 0 SENT BY: MATRIX DEVELOPMENT; 5035988900; NOV-26-0 1:31; PAGE 3/4 1 1 SCHEDULE B EXCEPTIONS FROM COVERAGE This Policy does not insure against loss or damage land the Company will not pay costs, attomeys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of said land or by making inquiry of persons in possession thereof. 3. Easements, encumbrances, or claims thereof, not shown by the public records, unpatented mining claims, reservations or exceptions in patents or in acts authorizing the issuance thereof, water rights, claims or title to water. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Discrepancies. conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose. 6. Taxes for the fiscal year 2001-2002 a lien not yet payable. t 7. Statutory Powers and Assessments of Unified Sewerage Agency. Note: There are no liens as of the date of this policy. 1 1 1 PAGE 2 of Owner's Policy (1992) No. 923552 SENT BY: MATRIX DEVELOPMENT; is 5035988900; NOV-20-0 1:32; PAGE 4/4 1 rlMt American t,ue msurame c,oinp, o An .wMyO busses ~e or TfTIE INSygMICa@ COf.iArrr OF Oamol, T7. 1700 S.W. FOURTH AVENUE, PORTLAND, OR 97201_5512 (503) 222-3651 IA'T Iffi 1!'T %or 1 1 V /f 1 fL / fL v f ' 2511 ZB~ WASHINGTON COUNTY OREGON SEE MAP 7 ` SCALE 1= 100 2s 1 Im ♦a~&iaa~aaaa a a~~raa~~~~~~aa><raaa~.aaa It aaaat'~'+►~ s`rob`~ 1 rp 1000 900 Soo '•an 3200 3100 3901 i a A2R 1 ~ A:66/e i' ssae. .rraf:. ~ $-4 ` 88 1 ~ - ~ S.Wt<. MARA - f>~ 0 h s 3700 / 700 35o R 9 0 tee, AC s V7 D ~ fnalso ss' 41 ~ pfy secs _ ~ _ psa~s. 1 2aoo T 1100 esax W *fAM Z moo t 2700 MOO Soo AM/C ue LW AC w as a 54 1 _ made 4m ownaL rt 45M • 23' C R RAZE A+IEA25 s i~ 5cio ' W. 450Q 4 27 4,4011 qtwwlfsrW N o. 2 ♦ 51 ft. Pre Application Conference Notes 0 AWL C:ITY OF TIGA1ft1D PRE-PPII f,T,I~N CONFERENCE S, cowmq, Prey hcalaon Meebn Notes areYalid :for SIX Months P...,... S. ~m.' _ RESIDENTIAL FM-AP MG O z- APPLICANT: NM-tyn, AGENT: Phone: (Sc,4) G Zv - Zofao Phone: ISM 6LO- Zoio e-xk. Z22 PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: _1~e. 79'' b 0 t~~', TAX MAP(S)/LOT #(S): _25 i t 2 g e, O D 3 0v 2 511 Z g p a z 6W NECESSARY APPLICATIONS: S L) „ rt g CS✓b[.~t tsry PROPOSAL DESCRIPTION: _1 g -lad- S%/hdt ✓r 5t c•,? 1 COMPREHENSIVE PLAN t ~ A w MAP DESIGNATION: i.-o~ ti , (`eS ZONING MAP DESIGNATION: R - 1l . S CITIZEN INVOLVEMENT TEAM (C.I.T.) AREA: S c~v i ZONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18. !;10 1 MINIMUM LOT SIZE: 7.4w sq. ft. Average Min. lot width:.. 0 ft. Max. building height: ~3 _ ft. Setbacks: Front 20 ft. Side ft. Rear 15 ft. Comer S ft. from street. MAXIMUM SITE COVERAGE: - % Minimum landscaped or natural vegetation area: GARAGES:- ZD ft. NEI6NBORNOOD MEETING [Refer to the Neighborhood Meedag Randoutl THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S), AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (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. Meeting is to be held prior to submitting your application or the application will not be accepted. ' NOTE: In order to also preliminarily address building code standards, a meeting with a Plans Examiner is encouraged prior to submittal of a land use application. ' CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9 RB81dg U AppiC26wnarlf n9 Usion $9C5m 1-(Z'NARRATM (Beier to Code ChaptdF18.3901 0 The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on -the 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. The applicant should review the code for applicable criteria. IMPACT STUDY (Refer to Code Seedons 18.390.040 and 18.390.050) As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE AN 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. W ACCESS (Refer to Chapters 18.705 and 18.7651 Minimum number of accesses: x 'w 1-Z Minimum access width: Minimum pavement width: x za' `'Id, 3-46v/silk ❑ WALKWAY REQUIREMENTS (Refer to Code Chapter 18-7051 Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING AREA, COMMON OPEN SPACE AND RECREATION FACILITIES. RESIDENTIAL DENSITY CALCULATION (Refer to Code Chapter 18.715) -SEE EXAMPLE BELOW. 1 The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtracting the following land area(s) from the gross site area: ~y J~992I rocs All sensitive lands areas including: - ~ t 91 Rvc✓ ➢ Land within the 100-year floodplain; ➢ Slopes exceeding 25%; r ➢ Drainageways; and '101 ?o n~- ➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. Public right-of-way dedication: M lvf5 rnaK ➢ Single-family allocate 20% of gross acres for public facilities; or 110, M~ n ➢ Multi-family allocate 15% of gross acres for public facilities; or ➢ If available, the actual public facility square footage can be used for deduction. 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 MURROm11V 43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area 8.712 sg. ft. X20°~) forpublic 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 mi ' um lot area) a er ACM IM Von er = The 1111WIpeeat Nde tubes dW the net site sra eMla the next wbM dw*Mw a& No 109NOING 6F IS FEBNIITEO. IQIIJ~ IN00110nsltll IS 80%111161111111111111111111121 BIM densltY. TO BETEBMIIIETHIS STANOABO, NOLTH'LY THE MIMMUM UMBER Of ONRS OY a. LA 1Y OF TIGARD Pre-Appliicabon Conference Notes Page 2 of 9 Residential Appk0m* la Wng DVMM SwbM I❑ 1 SPECIAL SETBACKS [Refer to execdon 18.7301 ➢ STREETS: feet from the centerline of ➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures. A ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained between each dwelling unit or garage. A MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family residential developments. ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. [See applicable zoning district for the primary structures' setback requirements.] ❑ FLAG LOT BUILDING NEIGNT PROVISIONS (Refer to Code Chapter 18.730) MAXIMUM HEIGHT OF 1 Y2 STORIES or 25 feet, whichever is less in most zones; 2% stories, or 35 feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are satisfied. ❑ BUFFERING AND SCREENING [Refer to Code Chapter 18.7451 In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may PWI be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. The ESTIMATED REQUIRED BUFFERS applicable to your proposal area is: 1 Buffer Level along north boundary. Buffer Level along east boundary. Buffer Level along north boundary. Buffer Level along east boundary. IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: j ( LANDSCAPING (Refer to Code Chapters 18.745,18.765 and 18.705) ' 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 (6) feet of the right-of- way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. RECYCLING Meier to Code Chapter 18.7551 ' Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503) 625-6177. C17Y OF TIGARD Pre-Application Conference Notes Page 3 of 9 Residential App6eWm Pl=ft avWm section PARKING (Beier to Code Chaptem8A5 a 18.7051 1 f ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED. 0 ➢ Single-family............ Requires: One 1 off-street parking space per dwelling unit; and One ~1; space per unit less than 500 square feet. Multiple-family......... Requires: 1.25 spaces per unit for 1 bedroom; 1.5 spaces per unit for 2 bedrooms; and 1.75 spaces per unit for 3 bedrooms. Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. 1 1 y I F-1 NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. Parking stalls shall be dimensioned as follows: ➢ Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches. ➢ Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches. ➢ Handicapped parking: All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. BICYCLE RACKS (Refer to Code Section 18.7651 BICYCLE RACKS DEVELOPMENTS. convenient locations. are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL Bicycle racks shall be located in areas protected from automobile traffic and in ❑ SENSITIVE LANDS (Refer to Code Chapter 18.7151 The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the development application. Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS. jr-1 STEEP SLOPES (Refer to Code Section 18.715.070.01 When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. CLEANWATER SERVICES ICWS) BUFFER STANDARDS (Refer to R a 0 96,441111SA Regulations - Chapter 81 LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table identifies the required widths: CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9 ResWenU miming Wsw Sedw 98LE 3.1 VEGETATED CORRIDOR WIDTHS SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANVAURES811111710N a ORDER 96-14 'E AREA OfEFIt~ITION °ADJiAGE1~T IJ11'ID, ' QF VEGETAI•fED SENS~7 t <,.; , w TEf1"Sf IYE?AREA' cOIDOR PER SIDE • Streams with intermittent flow draining: <25% 0 10 to <50 acres 15 feet 1 > 50 to < 100 acres 25 feet ♦ Existing or created wetlands <0.5 acre 25 feet • Existing or created wetlands >0.5 acre <25% 50 feet ♦ Rivers, streams, and springs with year-round flow ♦ Streams with intermittent flow draining >100 acres ♦ Natural lakes and ponds ♦ Streams with intermittent flow draining: > 25% ► 10 to < 50 acres 30 feet 1 > 50 to < 100 acres 50 feet ♦ Existing or created wetlands > 25% Variable from 50-200 feet. Measure ♦ Rivers, streams, and springs with year-round flow in 25-foot increments from the starting ♦ Streams with intermittent flow draining > 100 acres point to the top of ravine (break in ♦ Natural lakes and ponds <25% slope), add 35 feet past the top of ravine Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor, shall not serve as a starting point for measurement. 21/egetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 3The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The a 35 feet may be reduced to 15 feet if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. Restrictions in the Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in the USA Design and Construction Standards. Location of Vegetated Corridor: IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. --~j CWS Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the R&O.96-44 sensitive area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required. ❑ SIGNS (Beier to Cede Cdapter10.780) 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 Director's review. ® TREE REMOVAL P1AH REQUIREMENTS [Refer to Code Section 18.790.030.0 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 where possible. CITY OF TIGARD Pre-Application Conference Notes - Page 5 of 9 Reside N AWJC9MF1Wning Division Section . THE TREE PLAN SHALL RUDE the following: 0 ➢ Identification of the location, size, species, and condition of all existing trees greater than 6- inch caliper. ➢ 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 18.790.060.13 according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: Retainage of less than 25%a 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% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18.790.060.D.; Retainage of 75%a 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 18.790.060.D. MMIRATION [Refer to Code Section 18390.060.E1 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. CLEAR VISION AREA [Refer to Code Chapter 18.7951 The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required dear vision area depends upon the abutting street's functional classification and any existing obstructions within the dear vision area. The applicant shall show the dear vision areas on the site plan, and identify any obstructions in these areas. CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9 1 RNWOnU pppica6onlPlWMV Division Section ' FUTURE STREET PLAN AND EUTENA OF STREETS [Refer to Code Section 181k.030.FJ A FUTURE STREET PLAN shall: ➢ 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. ➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site. 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. Ug ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18210.0601 MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access easement. The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'h TIMES THE AVERAGE WIDTH, unless the parcel is less than 1 Y2 times the minimum lot size of the applicable zoning district. BLOCKS [Refer to Code Section 18210.0901 The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right-of-way center 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 330 feet are permitted, pedestrian/bikeways shall be provided through the block. CODE CRAPTERS _ 18.330 (conditional use) 18.620 (Tigard Triangle Design standards) !/18.765 (off-street Parking&wmg Requirements) _ 18.340 pirerws Interpretation) 18.630 (Washington square Regional center) _ 18.775 (sensitive Lands Review) _ 18.350 (Planned Devewnent) ~ 18.705 (Aooess&gresdaraeation) 18.780 (signs) _ 18.360 (Site Development Review) 18.710 (Accessory Residentai units) - 8.785 (rempm use Permits) 18.370 (vadancwAdjustn=ts) 18.715 (5ensity Computations) :;18.790 (Tree Renovaq _ 18.380 (zoning Maprrext Amendments) 18.720 (Design Compatibility standards) 18.795 (usual Clearance Areas) _ 18.385 misceitaneous Pemdts) 18.725 (Emrirnnmental Perkxmance standards) _ 18.798 (wneiess communication Fadrrties) 18.390 (Decision making Prooedunesnmpact study) 18.730 (Exoeptioru To Development standards) 18.810 (street 8 Utility improvement standards) 18.410 (Ld tine Adjustments) 18.740 (Hisok overlay) 18.420 (Land Partitions) 18.742 (Home occupation Pem*s) ✓ 18.430 (subdivisions) ✓ 18.745 (landscaping & Sawing standards) __%C_ 18.510 (Residential Zoning Districts) 18.750 (Manufach,redlNbba Hare Regulations) 18.520 (Comnw iat zoning Districts) 18.755 (Magid sort wastelRecydng storage) _ 18.530 (Industrial zoning Dstrids) 18.760 (Nonwnt rming situations) 1 CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9 PMWBnU AppiesrioNPlWkg Division Section I womoxuCONCERNS oacaMMExrP 0 1 :VV 1 M 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:v~Api2lications 1 CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9 ResidWM App6ca8oNPlwkV Division sedan The Planning Division and Engineering Department 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. 1 1 1 1 1 i 1 i The administrative decisionlopublic hearing will typically occur apltimately 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 .e 10-day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard . A basic flowchart which illustrates the review process is av ilable from the Planning Division upon request. Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing. 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. SUBDIVISION PLAT NAME RESERVATION [County Surveyor's Office: 5034848841 PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are reUired to complete and file a subdivision plat naming request with the Washington County Surveyors 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. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division.. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat_is recorded, the City's policy is to apply those system IS OBTAINED). PLEASE NOTE: The conference and notes cannot cover all c;oae requirements ana aspects reiateq o site planning that should Me to the development of your site plan. Failure of the staff to provide information required b the shall no constitute a waiver of the a plicable standards or requirements. ack anvoni pc in nded of ri1v ptaff rpint vetopCode reouir me Its nrlor to submlttlna an aDDlicationpment Code or AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). t PREPARED BY: I CITY OF TIGAR4 PLANNING DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING PHONE: (S03) 6394171 FAX: (S03) 684-7297 E-MAIL s first narn~r @ d.tigard.or.us TITLE 18 (CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE) INTERNET ADDRESS: www.cLbgard.or CIS H:IpattylmasterslPre-App Notes Residential.doc Updated: 26-Jun-02 (Engineering section: preapp.eng) I CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9 Residential Appio86oNP =*Q amim SeWm V - 0 0 I CITY OF TIGARD LAND USE APPLICATION CHECKLIST Please read this form carefully in conjunction with the notes (provided to you at the pre-application conference. This checklist identifies what is required for submittal of a complete land use application. Once an application is deemed complete by Community Development staff, a decision may be issued within 6-8 weeks. s 1 1 If you have additional questions after reviewing all of the information provided to you, please contact the staff person named below at the City of Tigard Planning Division, 503.639.4171. Staff. 1. BASIC INFORMATION Date: 9/?P/0;7- A Please refer to the "Land use applications basic submittal requirements" checklist for the basic submittal requirements. 2. SPECIAL STUDIES AND REPORTS 1 1 1 1 1 Because of the nature of your project and/or the site you propose to, develop, THE FOLLOWING ADDITIONAL STUDIES WILL BE REQUIRED. These studies must be prepared by certified professionals with experience in the appropriate field: M/ 13 3. Arborist Report/Tree Assessment Local Streets Traffic Study Wetlands/Stream Corridor Delineation and Report Habitat Area Evaluation Geotechnical Report Geotechnical Report must address liquefaction potential and soil bearing capacity Other PREPARING PLANS AND MAPS Plans and maps should be prepared at an engineering scale (1" = 10/20/50/100/200') and include a north arrow, legend and date. The same scale should be used for all your plans. Where possible the City prefers the use of a scale that allows a site plan or subdivision plat to be shown on a single sheet. Architectural drawings may be prepared at an architectural scale. One copy of each plan must be submitted in photo-ready 8Y2 x 11 format. THE FOLLOWING IS A LIST OF REQUIRED INFORMATION FOR EACH TYPE OF PLAN (If the plans you submit do not include all of the information requested because you feel. it is not applicable, please indicate this and provide a brief explanation). ✓Vicinity Map Showing the location of the site in relation to: • Adjacent properties Surrounding street system including nearby intersections ♦ Pedestrian ways and bikeways 1 Transit stops Utility access 11 City of Tigard Land Use Application Checklist h:1pat1yVnasters\cheddist.doc (UPDATED: 26-Jun-02) Page 1 of 4 w Existing Conditions Map Parcel boundaries, dimensions and gross area Contour lines (2' intervals for 0-10% slopes or 5' for slopes >10%) Drainage patterns and courses on the site and on adjacent lands Potential natural hazard areas including: • Floodplain areas • Areas having a high seasonal water table within 24" of the surface for three or more weeks of the year • Slopes in excess of 25% Unstable ground • Areas with severe soil erosion potential • Areas having severely weak foundation soils • Locations of resource areas including: ♦ Wildlife habitat areas identified in the Comprehensive Plan • Wetlands Other site features: Rock outcroppings Trees with z 6" caliper measured 4' from ground level Location and type of noise sources Locations of existing structures and their uses Locations of existing utilities and easements Locations of existing dedicated right-of-ways Locations of driveways on adjacent properties and across the street Subdivision Preliminary Plat Map The proposed name of the subdivision ~=1 1 Vicinity map showing property's relationship to arterial and collector streets Names, addresses and telephone numbers of the owner, developer, engineer surveyor and designer (as applicable) Scale, north arrow and date Boundary lines of tract to be subdivided Names of adjacent subdivisions or names of recorded owners of adjoining parcels of un-subdivided land Contour lines related to a City-established benchmark at 2' intervals for 0-10% grades and 5' intervals for grades greater than 10% The purpose, location, type and size of all of the following (within and adjacent to the proposed subdivision): Public and private right-of-ways and easements ♦ Public and private sanitary and stone sewer lines • Domestic water mains including fire hydrants • Major power telephone transmission lines (50,000 volts or greater) • Watercourses • Deed reservations for parks, open spaces, pathways and other land encumbrances • The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level • The location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting Supplemental information including: Proposed deed restrictions (if any) A proposed plan for provision of subdivision improvements Existing natural features including rock outcroppings, wetlands and marsh areas The proposed lot configurations, lot sizes and dimensions, and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots 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 materials 11 11 11 City of Tigard Land Use Application Checklist Page 2 of 4 h:\pattylmasters\checldist.doc (UPDATED: 26-Jun-02) ' Preliminary Partition/Lot Line Adjustment Plan ~ The owner's auth❑ The owner of the /alsfor el ❑ ~ The map scale, nd date ❑ ~ Proposed proper❑ Description of paand boundaries ❑ ~ Contour lines (2' lopes 0-10% or 5' for slopes >10%) ~ Location, width a stree ts, easements and other public ways within and adjacent to the parcel ❑ Location of all p anent buildings on and within 25' of all property lines ❑ Location and idth of all water courses ❑ Location of pfiy trees with 6" or greater caliper at 4' above ground level ❑ All slopes greater than 25% ❑ ' Location f existing and proposed utilities and utility easements 11 Any a licable deed restrictions ❑ Evid ce that land partition will not preclude efficient future land division where applicable ❑ Future street extension plan showing existing and potential street connections ❑ Site Development Plan The proposed site and surrounding properties ❑ Contour line intervals ❑ The locations, dimensions and proposed names of the following: • Existing and platted streets and other pub if; ways ❑ • Easements on the site and on adjoinin properties ❑ • Proposed streets or other public wa and easements on the site ❑ ♦ Alternative routes of dead-end or roposed streets that require future extensions ❑ The locations and dimensions of th ollowing: • Entrances and exits on the si ❑ • Parking and circulation are s ❑ • Loading and service are ❑ • Pedestrian and bicycle irculation ❑ • Outdoor common are s • Above ground utiliti s ❑ • Trash and recycl le material areas ❑ The locations, dime ions and setback distances of the following: • Existing perm ent structures, improvements, utilities and easements which are located o the site and on adjacent property within 25' of the site ❑ • :Pro posed s ctures, improvements, utilities and easements on the site an itary s er facilities ❑ • E proposed sewer reimbursement agreements ❑ • Snage facilities and analysis of downstream conditions ❑ ~ type(s) Locatof outdoor lighting considering crime prevention techniques / The loof the following: • Ao be landscaped • M ❑ ♦ Structures and their orientation ❑ City of Tigard Land Use Application Checklist Page 3 of 4 h:lpat4ftasters\cheddist.doc (UPDATED: 26-Jun-02) ,'Landscape Plan Location of trees to be removed Location, size and species of existing plant materials General location, size and species of proposed plan materials ❑ Landscape narrative that addresses: • Soil conditions and how plant selections were derived for them ❑ • Plans for soil treatment such as stockpiling the top soil ❑ Erosion control measures that will be used ❑ Location and description of the irrigation system where applicable ❑ Location and size of fences, buffer areas and screening ❑ Location of terraces, decks, shelters, play areas, and common open spaces ❑ Public Improvements/Streets Plan Proposed right-of-way locations and widths ❑ A scaled cross-section of all proposed streets plus any reserve strips ❑ Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision ❑ Grading/Erosion Control Plan The locations and extent to which grading will take place ❑ Existing and proposed contour lines ❑ Slope ratios ❑ tilities Plan I Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans ❑ Plan of the proposed water distribution system, showing pipe sizes and the locations of valves and meter sizes ❑ Fire hydrants (existing and proposed) ❑ Proposed fire protection system ❑ reliminary Storm Drainage Plan The location of all areas subject to inundation or storm water overflow ❑ Location, width and direction of flow of all water courses and drainageways ❑ Location and estimated size of proposed storm drainage lines ❑ Where applicable, location and estimated size and dimensions of proposed water quality/detention facility ❑ Tree Preservation/Mitigation Plan Identification of the location, size and species of all existing trees ❑ Program to save existing trees or mitigate tree removal (Section 18.790.030) A protection program defining standards and methods to be used during and after construction ❑ ❑ Architectural Draw* -'b Floor plans in ' ting the square footage of all structures and their proposed use ❑ Elevation d ngs for each elevation of the structure ❑ Sign Drawings Specify propo location, size and height ❑ City of Tigard Land Use Application Checklist Page 4 of 4 h: lpattyelasterstcheddist.doc (UPDATED: 26-Jun-02) WA County Name Approval 0 0 M M IM M r! M M M M M M M M M M w M M FROM :UASHINGTON_MUNTY SURVEY FAX NO. :5038462909 0 30 2002 11:17AM P1 act ae 02 05e29p CR A isn LL.C (60o) 40 8550 p.1 WASHINGTON COUNTY LAND USF. AND TRANSPORTATION SURVEYOR'S OFFICE 1 1 1 1 I ~ 1l~LTB~Z~'ZB~ON ~~'..~T N.A.~![Zl~l'GF I request that the Washington County 8nrveyor's Office reserve the following subdivision name: PROPOSED NAIVE OF SUBDMSION: Leiser Park MAP AND TAX LOT NUMBER: 2S1 12B000300 2SI 12BDO2800 CITY JURISDICTION (Which City) OR City of Tigard COUNTY JURISDICTION: SURVEYOR'S NAME: Tetsuka & Associates oNMER9 NAME: Matrix Development Corp. I understand that if the name la not used within five years, it will be automatically canceled. Name of person reserving name: Steve Rover - SR Design LLC Address; 1196 SW Hall 91vd.. Suit11301 139averton. OR 97008 Telephone number: 409-1213 Fax number; (503) 488-8553 1 0-"// Sionaturs: Date..- iC zB 0' Noi a eppmved / D = :3 n o ;1- Wa&VngW County SurveyWs ofte 150 NorM Fiat Avwm% Sulte aisiat6 Hi'//s WM, OR 97123 For (3fR9)849-2908 '6HARMIJRvEriDATADIR%WEBPAGVSUDNA%W,J)O 10 ,26M1Vk, CWS "Service Provider Letter' 0 0 1 CleanWater Services Our conimit- nenl is clear. i July 31, 2001 1 1 I 1 1 a SR Design LLC Steve Roper 11290 SW Blakeney Street Beaverton, OR 97008 Re: Proposed Subdivision at 14665 SW 79th Avenue, Tigard (Pre-Screen File No. 1199,2S1 12BC 00300 and 2S1 12BD 02800) Clean Water Services (formerly USA) has reviewed your proposal for the above referenced activity on your site. Staff has conducted a pre-screen review and requested completion of a Sensitive Areas Certification Form. Following the review it appears that sensitive areas do not exist on-site or within 200' from your project. In light of this result, the above referenced project does not need a Service Provider letter as required by Resolution and Order 00-7, Section 3.02.1. This document will serve as your Stormwater Connection Authorization from Clean Water Services pursuant to Ordinance 27, Section 4.B. All required permits and approvals must be obtained and completed under applicable local, state, and federal law. This concurrence letter does NOT eliminate the need to protect sensitive areas if they are subsequently identified on your site. If you have any questions, please feel free to call me at 503-846-3613. Sincerely, Heidi K. Berg Site Assessment Coordinator E:\Development Svcs\SP 00-7\Concurrence Letters\2S112BC 300 and 2S112BD 2800.doc 155 N First Avenue, Suite 270 • Hillsboro, Oregon 97124 Phone: (503) 846-8621 • Fax: (503) 846-3525 • www.cleanwaterservices.org Wetland Determination form is r ~ r ~ r,~,r r ~ i' IY~-'YL'J 0DSLWD# v CEa-001 -0135 Wetland Determination Form for` 1i' eh iVig ! 0: Wetlands This form may be used to document and report on the result of a wetland determination for small parcels that contain no wetlands or other waters such as streams or ponds (see OAR 141-85-GGG). It may not be used for parcels that contain wetlands or other waters. This form must be fully completed and include all attachments listed in #4. Include at least ' one wetland determination data form representing field data collected in the lowest area or other area most likely to be wetland. Check person #1 or #2 as the primary contact person for questions about the report. If in doubt about the appropriate use of this form, contact the Wetlands Program at the Division of State Lands. 1. Landowner/Legal Agent Information ❑ Primary Contact Name: Craig Brown Firm Name: Matrix Development t Address: 12755 SW 69'x' Avenue - #100. Portland, OR 97223 ' Phone: 503-620-8080 Fax: 503-598-8900 E-mail: Permission is grant f r the Division of State Lands staff to access property if needed to verify report conclusions. Signature: Date: 1 L-2-3 o-r 2. Consultant Information ■ Primary Contact Name: Greg Summers Firm Name: Beak Consultants. Inc. Address: 317 SW Alder Street Suite 800, Portland OR 97204 Phone: 503-248-9507 ext. 230 Fax: 503-228-3820 E-mail: gsummersna,beak.com 3. Site Information ' County: Washington City: Tigard T 2S R 1W Section 12 QQ SW/NW Tax Lot(s): 2SI12B000300 Street Address or Location: S. of Bonita Rd., N. of SW Viola St.. E. of 81" Ave., W. of 79th Ave. Parcel Size:2.48 ac. NWI Quad: Beaverton, OR Date of Site Visit: March 14, 2001 4. Attachments ■ Vicinity Map ■ NWI or LWI Map ■ Soil Survey Map ■ Parcel Map ■ Data Form ■ 5. Investigation Results ' NWI or LWI Mapping: The NWI may for this area does not show any wetlands or other waters on the Project site. Landscape Position/Site Description & Topography: The project site is a relatively level, undeveloped parcel that is surrounded by residential development Oregon Division of State Lands 775 Summer Street NE, Ste. 100 Salem, OR 97301-1279 Ph: 503-378-3805 1 1 1 t 1 1 i • DSL WD # 2001-013, Plant Communities and Dominant Plant Species: Project site is forested with a tree canopy dominated by Alnus rubra Pseudotsuva menziesii Acer macrophvllum and Thuia nlicata. Shrub laver is dominated by Osmaronia cerasiformis Corylus cornuta and flex aguifolium Vine layer is dominated by Hedera helix. Dominant plants in the herbaceous laver include Polvstichum munitum and Hedera helix. Mapped and Observed Soils: The Washington County Soil Survey indicates that the site is underlain by Hillsboro Loam 3-7% slopes (21B)Soil samples taken in the field had matrix chromas ranging from IOYR 3/2 to IOYR 3/3 with no apparent mottling Samples were similar to the soil survey's typical pedon description for this soil tune Hydrology Observations:- No primary or secondary indicators of wetland hydrology were observed on the proiect . parcel during the site visit - Other Pertinent Observations or Information: 6. Conclusions Parcel is a forested upland site Signature of Field Investigator: Date: Y/ 9/0 Review and Jurisdictional Determination of the Division of State Lands There are no wetlands or other waters of this state on the parcel(s); therefore no state Removal-Fill Permit is required for site development. ' ❑ Based upon a site inspection by the Division, there are wetlands and/or other waters of this state on the parcel(s) that are subject to state permit requirements. A wetland delineation will be needed to determine the wetland boundaries (OAR 141-85-AAA to JJJ). The delineation report must be submitted to the Division for review and approval. ❑ The information provided is not sufficient for the Division to make a jurisdictional determination. This jurisdictional determination is based upon the information provided to us. Should additional information be brought to our attention or should site conditions change, we could consider the new information and re-evaluate the site and our jurisdictional determination, as needed. Comments: 1 Determination by 1 Oregon Division of State Lands 775 Summer Street NE, Ste. 100 Salem, OR 97301-1279 Ph: 503-378-3805 - *VISlUll OF STA _ UNDS FttCEfYt0' DSL WD #:2 CO I- 013(, P 1: LfJUI i'. it L 1 Wetland Determination Form for Parcels With No Wetlands This form may be used to document and report on the result of a wetland determination for small parcels that contain no wetlands or other waters such as streams or ponds (see OAR 141-85-GGG). It may not be used for parcels that contain wetlands or other waters. This form must be fully completed and include all attachments listed in #4. Include at least one wetland determination data form representing field data collected in the lowest area or other area most likely to be wetland. Check person #1 or #2 as the primary contact person for questions about the report. If in doubt about the appropriate use of this form, contact the Wetlands Program at the Division of State Lands. ' 1. Landowner/Legal Agent Information O Primary Contact Name: Craig Brown Firm Name: Matrix Development ' Address: 12755 SW 69th Avenue - #100, Portland, OR 97223 Phone: 503-620-8080 Fag: 503-598-8900 E-mail: Permission is grante the Division of State Lands staff to access property if needed to verify report conclusions. ' Signature: r Date: 3 Z 1 2. Consultant Information ■ Primary Contact Name: Greg Summers Firm Name: Beak Consultants. Inc. Address: 317 SW Alder Street Suite 800, Portland OR 97204 Phone: 503-248-9507 ext. 230 Fag: 503-228-3820 E-mail: gsummersna,beak.com ■ 3. Site Information County: Washington City: Tigard T 2S R 1W Section 12 QQ SE/NW Tag Lot(s): 2S 112BDO2800 Street Address or Location: 14665 SW 79'h Avenue Parcel Size: 1.88 ac. NWI Quad: Beaverton. OR Date of Site Visit: March 14, 2001 4. Attachments ■ ■ Vicinity Map ■ NWI or LWI Map ■ Soil Survey Map ■ Parcel Map ■ Data Form ■ S. Investigation Results NWI or LWI Mapping: The NWI mal2 for this area does not show any wetlands or other waters on the oroiect site. Landscape Position/Site Description & Topography: The project site is a relatively level, undeveloped parcel that is ' surrounded by residential development Oregon Division of State Lands ' 775 Summer Street NE, Ste. 100 Salem, OR 97301-1279 Ph: 503-378-3805 1 I 1 1 1 1 DSL WD # 2C0/-(2I,- (0 Plant Communities and Dominant Plant Species: Project site is forested with a tree canopy dominated by Pseudotsuga menziesii and Acer macrophvllum Shrub lamer is dominated by Rubus discolor, Osmaronia cerasiformis and Corvlus cornuta Vine layer is dominated by Hedera helix. Dominant vlants in the herbaceous laver include Holcus lanatus Geranium erianthum and Galium aparine. Mapped and Observed Soils: The Washington County Soil Survey indicates that the site is underlain by Hillsboro Loam, 0-3 % & 3-7% slopes (21A & 21B) Soil samples taken in the field had matrix chromas of l OYR 3/3 with some faint 10YR 5/8 mottling. Hydrology Observations: No Rrrimary or secondary indicators of wetland hydrology were observed on the project parcel during the site visit - - Other Pertinent Observations or Information: 6. Conclusions Parcel is a forested bland site 1 Signature of Field Investigator: Date: Review and Jurisdictional Determination of the Division of State Lands • ' There are no wetlands or other waters of this state on the parcel(s); therefore no state Removal-Fill Permit is required for site development. ❑ Based upon a site inspection by the Division, there are wetlands and/or other waters of this state on the parcel(s) that are subject to state permit requirements. A wetland delineation will be needed to determine the wetland boundaries (OAR 141-85-AAA to JJJ). The delineation report must be submitted to the Division for review and approval. ❑ The information provided is not sufficient for the Division to make a jurisdictional determination. This jurisdictional determination is based upon the information provided to us. Should additional information be ' brought to our attention or should site conditions change, we could consider the new information and re-evaluate the site and our jurisdictional determination, as needed. Comments: Title: n 0 l ( Date: ! Z Determination by JA dlx~aA_ &jl! Oregon Division of State Lands 775 Summer Street NE, Ste. 100 Salem, OR 97301-1279 Ph: 503-378-3805 r t i t r v i 9 • SR Design. Engineedng - Planning - Swveying Neighborhood Meeting Tuesday, July 2, 2002 Richard M. Brown Auditorium Water District Building 8777 SW Burnham St. Tigard, OR 97223 6:00 pm-7:00 pm Name *,N Pewr'zd V\ Address 1,6r 0 (p0 3- 9 3 9 5 sc,ap""'S~~aa 19" Ski mar`q C'+I L0,1144 /Ifg-r U '4j or j-j 4, l ~-'8+r-r~,,d ~ ~.2 s ~'l-,,,ey /.Ja.~ES' ?9 S4 5 w N^~ ¢.a GT (.6'~ 968- I$~3 - Zo%&Ce eAnceo s ~c~ Gov- Lr -701 Iq 7~b s~ ~l / y5'3 AA~ L.O2 ~ ~ Gfl.-log n fs~ ?o S w ~lS T Alf S 1 fnil tihvd- `mf' ;i i,l I}C.>;`; CfrC)(I C )I 5 )n r i . . - 0 0 Q: Will there be a fence along the perimeter? A: Craig Brown said that if Matrix was to build the project that they would put in a good neighbor fence; which is a 6-foot high board fence. There are not guarantees that a fence would be built if the project was sold. Q: Will all the trees be left? A: Steve Roper explained that in order to fill the site, trees would have to be ' removed. The only trees which would remain, are the ones shown on the tree removal plan (a tree removal plan was shown at the meeting). Q: How big will the lots be? A: They will range from approximately 6,700 to 8,800 square feet. Q: Will 801h Avenue be extended? A: Yes it would have to be connected to the proposed east/west street going through the project. Q: Will you fix SW 81' Avenue where it connects to Bonita? ' A: It will not be a part of this project's responsibility to fix SW 81e where it connects to Bonita. It will be up to the City of Tigard to fix the road. At 7:15 the meeting was adjourned. All of the community members left the room. 1 SR Den u. 0 40 I " Engineering - Planning - Surveying 1 June 14, 2002 Resident I RE: Leiser Park Subdivision Dear Interested Party: SR Design LLC is representing the developer of 4.34 acres of property located between SW 79th and 81St Avenues, just south of Bonita Road; tax map 25112BC, tax lot 300 and tax map 25112BD, tax lot 2800. We are considering proposing a subdivision at this location. Prior to applying to the City of Tigard for the necessary permits, we would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: Tuesday, July 2, 2002 Richard M. Brown Auditorium Water District Building 8777 SW Burnham St. Tigard, OR 97223 6:00 pm - 7:00 pm Please notice this will be an informational meeting on preliminary plans. These plans may be altered prior to submittal of the application to the City. We look forward to more specifically discussing the proposal with you. Please call me at (503) 469-1213 if you have questions. Sincerely, SR Design LLC Steven C. Roper, PE FREQUENTLY ASKED City of Tigard NEIGHBORHOOD MEETING QUESTIONS s P,g.AB tt Community What Is The Purpose Of This i b rhood Meeting? The purpose of the meeting is to allow the prospective developer to share with you what they are planning to do. This is your opportunity to become informed of their proposed development and to let them know what issues or concerns you have in regard to their proposal. What Happens After The Neighborhood Meeting? After the neighborhood meeting, the prospective developer finalizes their submittal package (often taking into account citizen concerns) and submits an application to the City. Sometimes it takes a while before the developer's application is ready to submit, so there could be several months between the neighborhood meeting and the submittal of an application. Once an application is submitted to the City, Staff reviews it for completeness. Once an application has been deemed complete, the formal application review begins. It takes approximately 6-8 weeks from the time the application is accepted for a decision to be made. Many types of applications require a public hearing at which citizens are given the opportunity to provide comments or concerns. For all types of applications, property owners within 500 feet of the subject parcels receive notice of the public hearing (if applicable), notice of the decision, and are given the opportunity to appeal the decision. What If The Proposal Presented At The Neighborhood Meeting Is Not What Is Actually SuT bmitted? Applicants are not required to submit exactly what was presented at the neighborhood meeting if it generally follows the type of development proposed. This provides for the opportunity to address the neighborhood issues and address other changes necessitated by the development or staff. If the project is entirely different, a new neighborhood meeting would be required. In any case, notice of decision is sent to property owners within 500 feet of the proposed development allowing them the oti pr-.,..ty to appeal. r How Do I Know What Issues Are Valid? A decision is reviewed based on compliance with the Tigard Development Code. Review the development code to familiarize yourself with what is permitted and what may not be permitted. A copy of the development code is available for viewing at the Tigard City Library or a copy maybe purchased at the Community Development Services counter. You may also contact City Planning staff and ask what the standards are for a specific issue. Be prepared, however, that you may not LIKE all the. standards, but at least you- know what they are. If a development meets the code standards, it can proceed. 1 i:lcurpln\i urialcitinfo2.doc 11 1 The following is a list of questions developed by a subgroup of the Citizen Involvement Team. These 1 questions are intended to aid you in formulating your own questions for proposed development in your area. Feel free to ask more or alter the questions to address your own unique concerns and interests. 1 PROCESS What applications are you (the developer) applying for? When do you expect to submit the application(s) so that neighbors can review it? What changes or additions are expected prior to submittal? Will the decision on the application be made by City Staff, Hearings Officer, Planning Commission or City Council? How long is the process? (timing)/ At what point in the process are citizens given notice and the opportunity to provide input? Has a pre-application conference been held with City of Tigard Staff? ✓ Have any preliminary requirements been addressed or have any critical issues been identified? ✓ What City Planner did you speak with regarding this project? (This person is generally the Planner assigned to the land use case and the one to contact for additional information). SjREETS • Will there be a traffic study done? What are the preliminary traffic impacts anticipated as a result of the 1 development and how do you propose to mitigate the impacts if necessary? • What street improvements (including sidewalks) are proposed? What connections to existing streets are proposed? • Are streets proposed to be public or private? What are the proposed street and sidewalk widths? , What are the emergency access requirements and what is proposed to meet those requirements? ZONING AND DENSITY , What is the current zoning? What uses are allowed under this zoning? • Will there be a re-zone requested by the developer? If yes, to what zone? ow any, units ore nmrnnce"i fnr the A=%tgh1e nmanf ionii what is tho minimum onrii movimiem Miencifii allowed in the zone? DRAINAGE D~ WATER QUALITY What is your erosion control and drainage plan What is the natural slope of the property? What are the grading plans?' • Is there a water quality facility planned within the development and where will it be located? Who will own and maintain the facility? TREES AND LANDSCAPING • What are the tree removal plans and what is proposed to mitigate for trees removed? What are the landscaping plans? What h, iffArinn nr fencino is.required and/or proposed? - - - • • AFFIDAVIT OF POSTING NOTICE 1 t 1 1 1 1 WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING; LtETtJLtN:T#ilS_AFFIDAV[T TO: City of Tigard Pla.nhiog DivUidn 18126 :5 Wa11$ouleard ~'ffx V~V-aA( ; do affirm that I am (represent) the party initiating interest in a proposed 5 LL bC~ + V S 1 a V1 affecting the land located at (state the approximate location(s) if no address(s) and/or tax lot(s) currently A. MaD 2S IlLP~C.;T0.~CLOt &-Q aM 'Tay-Map ZS i 12-6D Lot 2900, and did on the V3*1A day of Juhf, , 01293personally post notice indicating that the site may be proposed for a l q ~LpT Sj-z& ws ~ application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sig~'Zve posted at (state location you posted notice on property) u0py, ignature (In IfiET p sen ary Public) iu►aikl 4o 63-4 6124)#2 (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETEINOTARIZE) Subscribed and sworn/affirmed before me on the 175 day of dt.LKt , AWER CAT O K NWARY PUBLIC-OREGON COMMISSION NO. 35MW NOTARY PU C OREGON MY COMMISSION DO'IRES OCT.11, 2005 My Commission Expires: (Applicant, please complete information below for proper placement with proposed project) NAME OF PROJECT OR PROPOSED NAME: TYPE OF PROPOSED DEVELOPMENT. ( Name of Applicant/Owner: Address or General Location of Subject Property: LSnbject Property Tax Map(s) and Lot#(s)------------- h:1loglnlpattylmeaterslaffpOSLenst 1 1 1 1 1 1 1 1 • • AFFIDAVIT OF MAILING STATE OF OREGON ) ) SS. City of Tigard ) and say that on '-'X'. 0e, ~ of the persons on the attached list, a notice of a development at (or near) ot- 2aX. I further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post , Office located at SW 14 Q11, Ave, Po r4i avid with postage prepaid thereon. I A. (70py r n the resence of a Nota Public ,tA W -4r, cry Q N 01 Ignatu e p rY ) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETUNOTARIZE) ~~l.n..►:L....1 and 4~~fnr~ mn nn 4n !7 r19~i of J -J -l o igr SubScoiboed and JYY VIIUQIIII IIIGV b0ftbaG IIIV 0011 hl- %AGAY VI , 1 CATHY L ROPER CCOOIM MUM NO.35M WCOMMISSION OPM OCT. 11, 22005 - aa'-t~,' aoaz~ NOTARY P IC OREGON My Commission Expires: bcA . 11, 'D-W5 (Applicant, please complete information below for proper placement with proposed project) I NAME OF PROJECT OR PROPOSED NAME: I TYPE OF PROPOSED DEVELOPMENT Name of Applicant/Owner: AddrPas or General T -m Lion of Subject Property: `Subject Property Tax Map(s) and Lot #(s): _ _ _ _ _ _i -------------------------------------------------------aste h:VOglnWeriY4nrelaRmatl.mst being duly sworn, depose T caused to have mailed to each meeting to discuss a proposed a copy of which notice so mailed is attached hereto and made a part of hereof. - j ~ 1,osTse0 ` 21 T L1-- I r , R i Ll n alnunr ,.-.r ..s - Tj7 1 Jun t a:= \ , CIS ~tk F' Toro" Z - IA7Ce ic+o _j 3 l l; .Y UMA CITY of TIGARD GEOGRAPHIC INTORGATIoN sTsTem AREA NOTIFIED j (500') FOR: Steve Roper (469-1113) 300 ~ 1S 1800 Property owner information is valid for 3 months from the date printed on this map. ~ I ♦ I N 0 100 200 30O 400 500 Peet I'= 340 feet f I City of Tigard Infomladon an Oda map is for general bcatbn o* and shoufd be vedfied with the Oevebpmerd SeMces M15lon. 13125 SW Hafi Blvd - ' Tigard, OR 97223 (503 639.4171 r ~e: S~002; t 3.A 2S112BA-90121 2S112BA-05500 ACKELSON NORMA M BASTIN JOHN C U7930 SW FANNO CREEK DR #1 PO BOX 231086 TIGARD, OR 97224 TIGARD. OR 97481 2S112BC-11800 2S112BA-90081 ALTMIRE GEORGE & DORIS BENEDETTI RIC ARD D AND ANNETTE 14869 SW 81ST AVE 15533 HERITAG CT TIGARD, OR 97224 LAKE OSWEGO, OR 97035 2S1128C-07300 2S112BA-90041 ARES RONALD D & LORI L BENSEL GILDA 14616 SW 83RD CT 7910 SW FANNO CREEK #1 TIGARD, OR 97224 TIGARD, OR 972 4 2S112BC-00900 2S112BA-06400 BABIN CHARLES J BONITA COURT - 36 LLC VIRGINIA L 9500 SW BARBU BLVD STE 300 14825 SW 81ST PORTLAND, OR 7219 1 TIGARD, OR 97224 2S112BC-11100 112BA- BABIN CHARLES JNIRGINIA L B IT IRS VI GE CONDO 14825 SW 81ST AS ATION O UNIT OWNERS TIGARD, OR 97223 p 2S112BC-MOO 2S11213C-08200 BAESE CRAIG A BUCHOLZ LISA M & COUTURE LINDA L TYLER DAVID W 8070 SW VIOLA 8178 SW CAROL CT TIGARD, OR 97224 TIGARD, OR 97 2S112BC-08700 2S112BA-01000 BAIOCCO DEOLINDO F & PAOLA BUNDY RALPH S 14774 SW 81ST SANDRA C TIGARD, OR 97224 7975 KROESE LC TIGARD OR 972 , 2SI 12BC-09OW 2S112BD4)4400 BAKER CLIFFORD A & NANCY D BUNNELL GREGO Y A & CAMI L 14755 SW BOTH 14859 SW 79TH A E TIGARD, OR 97223 TIGARD, OR 9722 2S112BD-03300 2SI 12BB-04400 BAKER TODD A & ANGELA G CACH GERALD C/ OAN L 7983 SW MARA CT 12525 SW MAIN TIGARD, OR 97224 TIGARD, OR 9722 I 2S112BD-02500 2S112BA-90051 c3ARNETT MARY E CAREY WILLIAM A 14875 SW 79TH AVE 7910 SW FANNO CREEK DR #2 TIGARD, OR 97224 PORTLAND, OR 911224 2S112BD-03400 2S 112BC-08900 CARLSON GREG P DUFORT PATRI IA M 7992 SW MARA CT 14733 SW BOTH WE .TIGARD, OR 97224 TIGARD, OR 97 4 2S1128C-01202 2S1128C-01300 CARROTHERS DONALD B & DESIRAE T FIMMEL RICHAR O 14597 SW 81ST AVE 8901 NE HALSE ' TIGARD, OR 97224 PORTLAND, OR $7220 2S1128B-04402 CESSNA JAMES W JR & TAMMIE J 8133 SW BONITA RD TIGARD, OR 97223 2S112BD-00600 CORNUTT ENTERPRISES LLC 11720 SW LYNN TIGARD, OR 97223 ' 2SI12BA-00300 CREEKSIDE COMMONS-48 LLC BY THOMAS J ROGERS PO BOX 231296 TIGARD, OR 97281 2S112BA-00011 CRISMAN ALLEN B 7920 SW FANNO CREEK DR TIGARD, OR 97224 2S112BC 01100 CRISMAN JAMES W/REBECCA 14635 SW 81ST AVE TIGARD, OR 97224 2S 112BA-90101 DAVIS TROY D 7930 SW FANNO CREEK DR #3 TIGARD, OR 97224 2S1128C-00100 DEKORTE KENNETH J & JANICE R 8040 SW BONITA RD TIGARD, OR 97223 2S112BC-04000 JELOZIER LAWRENCE M & GENDELL 14780 SW 83RD AVE ' TIGARD, OR 97224 OR O 2S112BC-079M GEARY MARY C ET 8123 SW CAROL CT TIGARD, OR 97Z3 2S112BB-04200 GIAMPIETRO WIL M AND ANASTASI 8205 SW BONITA D TIGARD, OR 97 2S112BD-01100 GILLMOR RUTH N & ROBERT E TRUSTEES 14630 SW 79TH TIGARD, OR 97224 1128D-01 GI OR H N & ROBERT E TRUS S 14 S 9TH D, O 9722 2S112BC4=00 GOERES MARK W & SUZANNE R 14700 SW 83RD A TIGARD, OR 9722 2S112BC-07000 GOLD JACK C & NDY M 4778 CALAROGA R WEST LINN, OR 9 068 2S1 128C-08000 GRAY BRIEN & MACK CATHERINE 8145 SW CAROLE TIGARD, OR 9722 4112BC-11000 2S112BA-05400 GRIEBEL RICHARD J INGRAM LEROY & ANNA RD BROWN MARJORIE V 14465 SW 80 TH L 8247 SW MATTHEW PARK ST TIGARD, OR 972 4 IGARD, OR 97224 ' 2S11213C-08100 2SI12BD-03100 HAIDER DANIEL F AND CAROL ISAAC MICHAEL & JENNIFER L 8167 SW CAROLE CT 14650 SW 161ST VE TIGARD, OR 97224 TIGARD. OR 9722 4 2S112BD-01400 2S1128C-08400 HANSEN MAXINE JAFF OMAR G AN D KATHLEEN A 14840 SW 79TH AVE 8134 SW CAROL CT TIGARD, OR 97223 TIGARD OR 97 4 , 2S712BC408500 2S112BC-01200 HANSEN PATRICK L JENNINGS DONAL D J AND MARY J 14785 SW 81 ST AVE 14533 SW 81 ST A TIGARD. OR 97224 TIGARD, OR 9722 4 1 2S1128C-10000 2S112BC-03500 HASTINGS CHARLES K JOHNSON RICH D M & SUSAN M 8012 SW VIOLA ST FAMILY TRUST TIGARD, OR 97224 14680 SW 83RD A E TIGARD, OR 9722 4 r 2S112BD-03600 2S112BA-00700 HAYES MATTHEW R & JPS PROPERTIES HAYES KRISTINE.A BY STEVEN Y OR UTT 7956 SW MARA CT PO BOX 69502 TIGARD, OR 97224 PORTLAND, OR 9 201 2S11213C-09200 HAYNES DONALD W & FREIDA M 14791 SW 80TH AVE TIGARD, OR 97223 2S112BB44403 KATZ HOWARD 8161 SW BONITA TIGARD, OR 9722 2S 112BA-00800 HAYS JAMES E & SHELLEY P 14460 SW BOTH PL TIGARD, OR 97224 2S112BC-11900 HOUGHTON FAMILY LLC ' BY HOUGHTON RAYMOND C 11 & CAROLYN B 322 8TH ST LAKE OSWEGO.OR 97034 2S112BD-00800 IULQUIST MARY ANN 8355 SW LAMANCHA CT ' TIGARD, OR 97224 2S112BC-06800 KEFFER ERNEST INANCY F 14518 SW 83RD C TIGARD, OR 97221, 2S 112BC-03800 KING MICHAEL A CATHARINE E 14740 SW 83RD A E TIGARD, OR 9722 2S112SC-01203 KNOLIN RICHARD EUGENE AND LYNDA LOUISE 14575 SW 81ST A TIGARD, OR 9722 2S112BC-11200 2S112BD-00500 LAM EVERETT Y & MALO ROBERT VIOLET MAY QUAN JOANNE C/o CORNUTT EN TERPRISES LLC 8225 SW MATTHEW PARK ST 11720 SW LYNN IGARD, OR 97224 TIGARD, OR 97 3 ' 2S112BD-00900 251128D-03200 LARSGAARD DAVID H MARUTA TOMO I 7720 SW BONITA RD 7965 SW MARA T 1 TIGARD, OR 97223 TIGARD, OR 972 3 2S1126C-09300 2S112BA-00600 LAU MARVIN E TRUST & MATRIX DEVELOP MENT CORP LAU NORMA J TRUST 12755 SW 69TH E STE 100 8009 SW VIOLA ST TIGARD OR 97Z !3 TIGARD, OR 97224 , 2S112BC-08300 25112BD-02600 LEE DAVID H MATRIX DEVELO MENT CORP 8156 SW CAROLE CT 12755 SW 69TH # 00 TIGARD, OR 97224 PORTLAND, OR 7223 251126C-00300 11 2 2BA-00500 LEISER ANNE TRUSTEE MA IX D ELO MENT CORP 6009 SW PENDLETON CT 1275 69TH A STE 100 PORTLAND, OR 97221 T D, OR--0722 n ' 2S112SC-07100 2S112BA-90031 LIEBMAN ALAN & FRANCINE MCEVERS JUSTIN G 14576 SW 83RD CT 7920 SW FANNO REEK DR #3 TIGARD, OR 97224 TIGARD, OR 9722, 1 251128C-09500 2S112BA-90071 LIEN ROBERT A/CATHERINE L MCROBERT HERB RT F 8063 SW VIOLA 7930 SW FANNO REEK DR TIGARD, OR 97224 PORTLAND, OR 9 224 2S112BC-00200 2S112BC-09900 ' LITTLE MARK MEADE PAUL J AN D ROSLYN R PO BOX 1115 8038 SW VIOLA S LAKE OSWEGO, OR 97035 TIGARD, OR 97 2S112BD-03900 2S112BA-05100 LOVER SYNNOVE MICHAEL RANDOL H & PHYLLIS J ' PO BOX 1888 14385 SW 80TH PL TROY, MT 59935 TIGARD, OR 9722 1 2Sii2BC-088W 2S112BA-05301 AACKINNON DANIEL W MABLE MORROW JEFFRE C 14750 SW 81ST AVE SWEENEY-MORR ERIN TIGARD, OR 97224 14435 SW 80TH P CE TIGARD, OR 9722 1 2S1128C-07200 MUNDT DAVID E & SHERRY L 14598 SW 83RD CT TIGARD, OR 97224 ' 2S1128D-04200 NASHIF GARY G TRUST 14814 SW BOTH AVE TIGARD, OR 97223 2S112BD-03800 NGUYEN FRANCIS KHAI & PHAN CHINH THI 14595 SW 79TH TIGARD, OR 97223 2S1 128C-09700 NICOLL ELIZABETH L & ANDREEV GEORGE C 8094 SW VIOLA ST PORTLAND, OR 97224 2S112BC-09400 NORDLUND SCOTT & CINDY B 8021 SW VIOLA TIGARD, OR 97224 2S112BC-03900 O'KEEFE EDWARD G AND RITAMARIE P 14760 SW 83RD TIGARD, OR 97224 2S112BC-06900 OLLISON LIVING TRUST THE 23737 SW NEWLAND RD WILSONVILLE, OR 97070 2S112BD-01300 OLSON GRANT L & GINA M 14790 SW 79TH AVE TIGARD, OR 97224 2S112BA 90091 PARKER MICHELLE ' 7930 SW FANNO CREEK DR TIGARD, OR 97224 I 2SIUBD-04500 .'ENDERGRASS RICHARD & SUZANN K 14832 SW 80TH AVE 'TIGARD, OR 97224 2S1 128D-03700 PETERSEN MA HEW J & PETERSEN JULI E M 7934 SW MARA T TIGARD. OR 97 4 2S1128D-03500 PETERSON KEN ETH M & BENAVENTE PE ER C 7978 SW MARA TIGARD, OR 97 4 2S112BD-00700 PYOUNG PARK & RIELLY BRENDA REVOCABLE LIVING T 7524 SW ELMWO D TIGARD, OR 97223 2S I 12BA-90061 RANDALL LYNN 1 7910 SW FANNO TIGARD, OR 972 2S112BA-90111 ROSALES SUZAN E 138 ALTA VISTA AY DALY CITY, CA 014 2S1128C-01201 SCHIEBOLD DE 14551 SW 81 ST TIGARD, OR 97 2S1128D-02700 SCOLAR SAELDO H 14725 SW 79TH A% E TIGARD, OR 9722 2S7128A-05000 SKORPEN NEAL J MORAVEC MARCI L 14365 SW BOTH PL TIGARD, OR 9722 DR 2S1128D-03000 STALLINGS ERIC & SANDRA K 1183 SECOND ST W SALEM, OR 97304 2S1128C-09600 SUMMERS JAMES & ALLISON 1 8085 SW VIOLA ST TIGARD, OR 97224 2S112BA-00900 2S1128D-01200 TAYLOR BARBARA & WEBBER PROP R TIES LLC BAXTER PAMELA ANN 12155 SW WILD DOD ST 7980 SW KROESE LP PORTLAND, OR 7224 IGARD, OR 97224 2S1126C-09100 2S112SC-03700 TAYLOR KERRY R & DIANNE L WHEELER BRIA A & NICOLE D 14777 SW BOTH AVE 14720 SW 83RD VE TIGARD, OR 97224 TIGARD, OR 972! 4 2S1128C-04100 THOMPSON CRAIG L & DIANE F 14820 SW 83RD AVE TIGARD. OR 97224 2 1128C-101 TI D OF ' 1312 HALL T ARD, 97223 ' 2 11266 11200 TI RD OF 1312 W HALL ARD, R 97223 112BD-03901 aAR ER OF 97223 2S112SC-08600 WHITE RODNEY AND GAIL T 14796 SW 81ST A E TIGARD. OR 97224 2S1128B-04100 WIEK DAVID & MILNER ELLEN & BUCK JEANNIE M 9840 SW 90TH AV TIGARD, OR 97Z 2S112SC-07800 WOLF MARK W & 8101 SW CAROLE TIGARD. OR 97Z F 2S 1128A-90021 WRIGHT LIZBETH 7920 SW FANNO REEK DR TIGARD, OR 9722 2S112SC-03400 WALDO KENNETH E AND JANICE E 14660 SW 83RD PORTLAND, OR 97223 2S112BD-04300 WALKER LISA MARIE 14827 SW 79TH AVE PORTLAND, OR 97224 r 12S112BA44700 WAVERLY MEADOWS HOMEOWNERS' ASSO Y MARSH STERLING E 14090 SW 80TH CT TIGARD, OR 97223 1 112BA-06300 VC INVESTMENTS LLC BY THOMAS J ROGERS SW BARBUR BLVD STE 300 ORTLAND, OR 97219 2SI12BA-05200 YORK GREGORY 14405 SW 80TH PL TIGARD, OR 9722A & DEBORAH J Jack Biethan ' 11023 SW Summerfield Drive, #4 Igard, OR 97224 Kristen Miller 8940 SW Edgewood Street (Tigard, OR 97223 'Paul Owen 10335 SW Highland Drive 'Tigard, OR 97224 ,Louise Fronville 15760 SW Oak Meadow Lane 'Tigard, OR 97224 I Tim Esav PO Box 230695 _Tigard, OR 97281 Nathan and Ann Murdock J0 Box 231265 Igard, OR 97281 toss Sundberg 16382 SW 104th Avenue Tigard, OR 97224 113rian Wegener 9830 SW Kimberly Drive ,Tigard, OR 97224 D1 Dyar 0430 SW Century Oak Drive Tigard, OR 97224 i I OF TIGARD - SOM Cff WCONNUEE (pg. 1 of 1) (i:Icurp1MsetupVabe1s\C1T South. Oc) UPDATED: August 8, 2002 TREE PROTECTION REQUIREMENTS LEISER PROPERTY - TIGARD, OREGON Before Construction: 1. Tree Protection Area. The arborist/ urban forester shall designate the Tree Protection Zone (TPZ). Where feasible, the TPZ shall be established at the dripline of the tree or grove as a minimum. If infrastructure (roads, sidewalks, and utilities) must be installed closer to the tree(s), the TPZ may be established within the dripline area if the arborist/ urban forester determines that the tree(s) will not be unduly damaged. ' 2. Protection Fencing. All trees to be retained shall have chain link fencing, a minimum of 6 feet tall, with steel posts placed no further than 10 feet apart, installed at the edge of the tree protection zone or dripline. Tree protection areas ' located at least 50 feet from any construction may substitute orange construction fencing for the chain link fence. 3. Designation of Cut Trees. Trees to be removed shall be clearly marked with construction flagging, tree marking paint, or other methods approved in advance by the arborist/ urban forester. 4. Preconstruction Conference. The arborist/ urban forester shall be on site to discuss methods of tree removal and tree protection prior to any construction. During Construction: 5. Storage of Material or Equipment. The contractor shall not store materials or equipment within the TPZ. ' 6. Activities within the TPZ. All construction activities within the TPZ or the dripline area shall be under the on-site technical supervision of the arborist/ urban forester. Excavation with the TPZ or dripline area shall be avoided if alternatives are available. If excavation within the TPZ or dripline area is unavoidable, the arborist/ urban forester shall evaluate the proposed excavation to determine methods to minimize impacts to trees. This can include tunneling, hand digging, or other approaches. 7. Tree Protection Inspection. The arborist/ urban forester shall monitor construction activities and progress, and provide written reports to the developer ' and the City of Tigard at regular intervals. 8. Final Report. After the project has been completed, the arborist/ urban forester -hall nrnvide n final rennrt that describes the measures needed to maintain and protect the remaining trees. Walter H. Knapp Certified Forester, SAF-406 Certified Arborist, PN-0497 • • I Spreadsheet A Tree Assessment Using Multi-stems Average Method Surveyed Field Cruised Tag Ws Tree Types/ size/ trunks / tag Actual 12" & Over (in.) Leave Cut Rounded Dia. Class (in.) Leave Cut 1 TR C 171 19.6 20 2 TR D 28 2 24.3 24 3 TR C 15 3 16.8 17 6 TR C 14 6 16.9 17 8 TR C 24 8 23.4 23 9 TR C 15 9 19.3 19 10 TR C 24 10 23.8 24 12 TR D 14 12 13.0 13 13 TR D 15 13 15.4 15 14 TR C 24 14 24.2 24 15 TR D 16 15 16.4 16 16 TR C 26 16 26.0 26 17 TR C 24 17 26.8 27 18 TR C 24 18 24.0 24 19 TR C 30 19 26.7 27 20 TR C 26 20 22.3 22 21 TR C 30 21 29.4 29 23 TR D 24"4 23 15.0 15 24 TR C 18 24 18.9 19 25 TR C 18 25 16.3 16 26 TR D 22'2 26 20.3 20 27 TR C 24 27 24.1 24 28 TR C 24`2 28 24.6 25 30 TR C 32'2 30 30.2 30 35 TR D 18 35 17.0 17 36 TR C 14 36 15.0 15 37 19.5 19 38 16.1 16 41 TR C 26 41 23.3 23 42 TR C 26 42 24.6 25 43 TR D 20 43 15.7 26 44 TR D 18 44 13.6 14 45 TR C 30 45 38.0 38 47 12.8 13 50 TR D 16 50 12.4 12 51 TR D 16 51 12.0 12 52 TR D 18 52 16.5 17 55 TR D 28 55 23.3 23 57 TR D 16 57 16.2 16 59 TR D 22 59 19.5 19 60 TR D 22 60 17.6 18 65 TR D 14 65 12.3 12 66 TR C 14 66 15.4 15 67 TR C 28 67 29.7 30 68 TR C 32 68 34.0 34 70 TR C 16 70 17.7 18 71 TR C 20 71 23.0 23 72 TR C 26 72 24.9 25 77 TR C 20 77 17.8 18 79 TR C 16 79 14.0 14 83 TR C 14 83 12.8 13 86 TR C 18 86 15.5 15 87 TR C 18 87 19.8 20 89 TR C 20 89 14.9 15 90 TR C 16 90 12.4 12 92 TR C 26 92 22.8 23 • Tree Assessment Using Multi-stems Average Method Surveyed Field Cruised Tag Ws Tree Types/ size/ trunks / tag Actual 12" & Over (in.) Leave Cut Rounded Dia. Class (in.) Leave Cut 95 TR C 26 95 20.5 20 97 TR C 28 97 22.4 22 98 TR C 24 98 15.5 15 102 TR C 26 102 20.7 21 104 TR C 24 104 12.5 12 106 TR C 14 106 14.3 14 108 TR D 14 108 14.9 15 109 TR D 14 109 12.5 12 130 TR D 22*3 130 15.8 16 131 TR D 24 131 18.4 18 132 TR D 18 132 13.3 13 133 TR D 16 133 17.5 17 136 TR D 22*2 136 16.2 16 137 TR D 18 137 12.6 13 139 TR D 24*2 139 18.0 18 140 TR D 32 140 23.3 23 141 TR D 20 141 13.5 13 147 TR D 24 147 13.5 13 148 TR D 20 148 13.2 13 150 12.0 12 152 TR D 18*5 152 12.7 13 156 TR C 24 156 19.8 20 167 TR C 14 167 11.9 12 168 TR C 14 168 13.1 13 169 TR C 14 169 14.4 14 172 TR D 16*2 172 14.6 15 176 TR D 16*5 176 13.2 13 177 TR D 14*3 177 12.6 13 179 TR D 24 179 15.4 15 180 TR D 20*5 180 16.8 16 184 TR D 20 184 15.2 15 190 TR D 20*4 190 13.0 13 198 TR D 24*5 198 14.6 15 199 TR D 20*2 199 12.7 13 200 14.9 15 201 TR D 16 201 13.7 14 201-2 14.6 15 202 TR C 20*4 202 16.7 17 203 TR D 24*3 203 18.1 18 204 TR C 26 204 21.0 21 205 TR C 26 205 19.7 20 206 TR C 26 206 22.0 22 207 TR D 24 207 17.7 18 208 TR D 20 208 13.1 13 ono To _n 013*9 9na v IA IA 210 TRD14210 13.6 14 211 TR C 32 211 25.8 26 212 TR D 20*2 212 13.3 13 213 TR D 14 213 11.9 12 214 TR D 18 214 14.0 14 217 TR C 26 217 21.3 21 218 25.0 23 219 TR C 34 219 33.5 33 219-1 23.5 24 220 TR C 30 220 32.0 32 221 TR D 16*2 221 13.5 13 222 TR D 20*5 222 14.6 15 • • Tree Assessment Usin Multi-stems Average Method Surveyed Field Cruised Tag Ws Tree Types/ size/ trunks / tag Actual 12" & Over (in.) Leave Cut Rounded Dia. Class (in.) Leave Cut 223 26.0 26 225 TR D 20*4 225 14.5 14 227 TR D 18*2 227 16.6 17 228 TR D 20 228 13.5 13 229 TR D 20 229 15.5 15 230 TR D 24 230 18.0 18 236 TR C 20 236 17.0 17 239 TR C 20 239 19.3 19 240 TR D 16*2 240 12.3 12 242 TR D 24 242 18.0 18 243 TR D 20*2 243 14.0 14 244 TR D 30 244 24.0 24 252 TR D 20*6 252 13.4 13 256 TR D 24*5 256 17.8 18 256-1 12.1 12 256-2 20.0 20 256-3 17.9 18 256.4 18.4 18 257 TR D 24 257 16.4 16 260 TR D 26 260 19.2 19 261 TR D 16 261 12.4 12 266 TR D 16 266 13.2 13 269 TR D 14 269 12.0 12 270 TR D 14 270 11.8 12 272 TR D 26 272 18.0 18 273 TR D 28 273 21.5 21 275 TR D 22*4 275 14.1 14 276 TR D 24 276 23.5 23 277 TR D 20 277 20.6 21 278 TR D 18 278 16.4 16 279 TR D 20 279 17.9 18 287 TR D 24*3 287 12.8 13 287-1 D 14.8 15 292 TR C 14 292 13.5 13 294 TR D 18 294 13.3 13 301 TR C 30*4 301 18.9 19 302 TR D 18*7 302 13.6 14 302-2 17.7 18 302-3 14.7 15 303 TR D 20 303 17.2 17 304 TR D 20 304 18.2 18 305 TR D 26 305 24.6 25 306 TR D 18 306 14.5 14 307 TR D 24 307 20.0 20 308 TR D 24 308 20.1 20 309 TR D 22*2 309 15.2 15 315 TR D 20*3 315 12.2 12 316 TR D 24 316 18.9 19 318 TR D 20*3 318 14.0 14 364 TR C 28 364 14.5 14 2021 C 23.8 24 2033 C 33.0 33 2034 C 19.8 20 2035 C 24.7 25 2036 C 25.0 25 2037 C 22.4 22 • 0 Tree Assessment Using Multi-stems Average Method Surveyed Field Cruised Tag Vs Tree Types/ size/ trunks / tag Actual 12" & Over (in.) Leave Cut Rounded Dia. Class (in.) Leave Cut Retain trees w/ tags 2034, 2035, 2036 69.5 -69.5 70 -70 Retain mismarked on 12-4 (see notes below) 293.7 -293.7 291 -291 Total Cut Inches 12" & over 3195.2 1418.0 Percent Cut Based on Total Inches 52.4% 46.5% Total Retained Inches 12" & Over 2903.0 1629 Percent Retention Based on Total Inches 47.6% 53.5% Mitigatable Inches @ % Rate = 50% of Cut 1597.6 709.0 Percentage Trees Retained Retain per tag 2034, 2035, 2036 3.0 -3.0 3.0 -3.0 Retain mismarked @ 12-4 15.0 -15.0 15.0 -15.0 Tree Count 88 81 88 81 Percent Retention Based on Tree Count 52.1% 52.1% Retained mismarked trees on 12-4-02 These trees were marked for removal on the plan C4. After comparing removal list, it was discovere that these were not on the list even though they were marked on map. Field Cruised Tag Vs Actual 12" & Over (in.) Leave Cut Rounded Dia. Class (in.) Leave Cut 12 13.0 13 13 15.4 15 14 24.2 24 16 26.0 26 17 26.8 27 41 23.3 23 42 24.6 25 50 12.4 12 51 12.0 12 66 15.4 15 95 20.5 20 97 22.4 22 98 15.5 15 104 12.5 12 67 29.7 30 Totals 293.7 Inches 291 15 Trees 15 1 1 1 1 Mr. Craig Brown, Vice President Matrix Development Corporation 12755 SW Wh Ave. #100 Portland, OR 97223 January 2, 2003 Dear Mr. Brown: We were asked to complete two projects; 1 1. Mark for cutting designated trees on your proposed Bonita Road development. 2. Mark for cutting designated trees in addition to measure diameters of all trees on you proposed Leiser development. Following is our report regarding these two projects. Marking on the Bonita site is complete with all trees as designated on the development map marked with blue paint. Each marked tree was banded about 4 to 5 feet above the ground. Measurements on the Leiser project are completed and designated removal trees have 1 been marked with blue paint for cutting. Marking while measuring helped to efficiently measure. Prior to work on the Leiser project Matt Stein, City Forester for Tigard, was contacted regarding the question concerning measuring multiple stems on one stump. We asked him whether he preferred that we measure the largest stem of the clump or- average the measurement of all stems within the clump. After conversation regarding both methods, Mr. Stein asked how we normally approach the question. Our answer was that we have completed assignments using both approaches, but we would prefer doing it according to his preferences. Mr. Stein replied that he would be comfortable with either measuring the largest stem or averaging measurements of all stems within the clump. Whichever method was the chosen technique it should be applied consistently throughout the project and notes should indicate which method was used. Accordingly, we chose to measure all stems and average all to arrive at a stem diameter for the clump. We have recorded all measurements for all trees included within every clump especially if it appeared that the average might be over 12 inches, thus a possible remove tree. The enclosed spreadsheet records measurements for all trees. Measurements were recorded on the base spreadsheet given us for the project. Column 1 is Tree Tag Number. Column 2 Tree Types, size, trunks, and tag as was initially supplied. Column 3 is a restating of the initial r . r 1600 N .W. Skv line Blvd. Portland, Oregon 97229 • OeneThchs f50311297-1660 diameter. Columns 4 and 5 records diameter measurements to the nearest 1/10 inch for those trees under 12 inches for both cut and leave trees separated by column. Columns 6 and 7 records diameter measurements to the nearest 1/10 inch for those trees 12 inches and over for both cut and leave trees separated by column. Columns 8 and 9 indicate the diameter class rounded to the nearest full one inch for both cut and leave trees 12 inches and over. Columns under the Notes section record multiple stem diameters within each clump. Several trees were not found and are so noted. Several tree numbers are small brushy trees and were not measured. ' Spreadsheet Page One shows measurements for all trees using an average for multiple stems. Spreadsheet Page Two shows measurements for all trees indicating measurements for each individual stem as though it represented a single tree. These two methods are presented to help analyze the effect of presenting the data either as averaged stem diameter per stump or treating each tree as an individual. Not presented is the effect of presenting the largest stem within the clump as the diameter for the tree on that stump. ' Listed at the bottom of Spreadsheet Page One are trees that were marked for cutting by mistake. Most of the trees on this list certainly could in my opinion be left-However, 3 to 4 might be questionable. These trees can be unmarked, but as we discussed earlier we will wait until you have made decisions regarding the need for cutting or leaving based upon the criteria you need to work with. At the bottom of each spreadsheet adjustments for leaving these trees were added to help in the initial analyses. Interestingly, the following observations are noted. 1. It apparently makes little difference whether the diameter class (rounded full number) is used or the actual diameter to the nearest 1/10 inch. 2. While counting as opposed to measuring diameter of the trees yield similar results, you may have slightly greater flexibility by using the measured diameter. 3. Using the average diameter of all stems on the stump apparently provides greater ' flexibility compared to using diameters for each individual stem exclusive of whether or not they are on the same stump. 4. Use of stem diameters to the nearest 1/10 inch apparently yields better results for purposes of calculating mitigation. Additional questions probably will surface once you have had the opportunity to review the data. Please feel free to call. Thanks for the opportunity to assist. Yours Truly Richard W. Courter, ACF, CF#23 Professional Forester RWC:c Transportation Impact Study 0 0 M IM M= M M M ai M M i M M M M M IM M M LEISER PARK DEVELOPMENT TRANSPORTATION IMPACT STUDY Prepared for: Matrix Development Corporation 12755 SW 69`h Avenue, #100 Portland, OR 97223 Prepared by: I January 20, 2003 1 TABLE OF CONTENTS 1 SECTION I - STUDY SUMMARY Introduction I Summary of Findings ..........................................................................................................:4 SECTION II - EXISTING CONDITIONS ' Site Condition and Adjacent Land Use ................................................................................8 Transportation Facilities ..8 Existing Traffic Volumes ..9 Existing Levels of Service ..9 Accident History 11 Existing Public Transit Service 1 l Non-Motorized Transportation 12 Planned Transportation Improvements 13 SECTION III - TRANSPORTATION IMPACT STUDY t 1 t 1 1 Analysis Methodology .......................................................................................................14 2003 Existing Traffic and Levels of Service Without Project ...........................................14 Trip Generation ..................................................................................................................14 Trip Distribution and Assignment .....................................................................................16 2003 With Project Traffic Volumes and Levels of Service ...............................................16 Site Access and Circulation 16 . Conclusions ........................................................................................................................20 SECTION IV - TECHNICAL APPENDICES Year 2003 Traffic Counts LOS Calculation Sheets Sight Distance diagrams for Leiser Lane at 796 and 81 s` Avenues Peak Hour Signal Warrant Calculation i 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 1 0 0 LIST OF FIGURES Figure 1. Site Vicinity Map .................................................................................................2 Figure 2. Site Plan ................................................................................................................3 Figure 3a. 79" at Bonita Road Traffic Control and Lane Configuration .............................6 Figure 3b. 81" at Bonita Road Traffic Control and Lane Configuration .............................7 Figure 4.2003 Existing Traffic Flow ................................................................................15 Figure 5. Site Generated Traffic ........................................................................................17 Figure 6.2003 Traffic Volume With Project .....................................................................18 LIST OF TABLES Table 1. Intersection Level of Service Summary ...............................................................10 ' SECTION I f STUDY SUMMARY INTRODUCTION This Transportation Impact Study has been prepared to assess transportation impacts to the proposed construction of 19-lot subdivision located south of Bonita Road between 79th and 81St Avenues in the City of Tigard. Figure 1 shows the project vicinity. ' Project Description The project site consists of a 4.34-acre piece of land that is currently vacant. A total of 19 ' single-family homes are being proposed for construction on the site. It is anticipated that a new street (Leiser Lane) will be constructed as part of this project to create a connection between 79th and 81St Avenues. Also, with this project it is proposed to connect 80th Avenue to Leiser Lane creating a new "T" intersection. The existing zoning for this property is R-4.5. The property is surrounded by R-7 and R- 12 designations. Most of the surrounding uses are residential of nature along 79th and 81St Avenues as well as along Bonita Road in the area adjacent to the project. Figure 2 shows a site plan for the proposed project. ' Scope of Transportation Impact Stud ' Based on conversations with City of Tigard staff, the following intersections were analyzed as part of this study: • Bonita Road at 79th Avenue • Bonita Road at 81St Avenue ' The remainder of the study presents the following analysis: • . Existing traffic conditions in the project study area. • Future background traffic conditions. • Trip generation estimates for the proposed development. • Traffic impacts of the proposed development on future peak hour operations at the key intersections in the site vicinity for the assumed build-out year of the project (2003) as required by the City of Tigard. ' • Site access and circulation characteristics, as well as sight distance requirements. °L) • a I V5,1~ r a»- '~s- ooozt nY G aaE9 ns dl A GJ - J all ~M H149 ~ I a/ Yd ~ t; j: z AIDId - 2. . Ulm A Vices = MS . y M > AV It1Q[ MS a s, }.f ooost ti aos► a f Ad ONZL ooEEr ti[ } a AV . gjpr . ~ ~ ~ NU[ lei ,1~~ ~ r ~ ~ 5 Hl.f•( r .1 rl$ zz. 5N. Av 1u9t1LN5 toy, aosri : r - A QoEii ~y 7d a. <"~1n131q sV~~:' ~Y H19t Ms i ".Hiet . J Qi. ~ N4 a ' H16 `J6 b S ~tiA~ t al s e Y 1~IB.!(S p. y~ / Q t J'±rw`"(5 Y A al ° J ? t 1S MS fim.~n ~Md ° F~/ r C oni sA y auana a>iEe Hs g 5i_ ~ n t , (J~i aEi f7~q _a e= Qstoe~ G a N "W viA~ M t' I~ r aoeEt .A OAlBl, i 7,- O ,~,p~ ■ m MS a =d Abp `'r - a e 1 A .4e .1 aotit ri j R wRTa AY roar As ~hY Hi06 ~ MS ' tr` ~ ~ ~ ~ d y `A Ad~u a tw 41 EA .~y . 7 4 r f rv . ~T. p nb s! L !t1'IILS 16 AV 3i iei A% t - . ~i^ n3 ~Y AYiff t7 A Re, V ILI e OHZ6 MS j- ; •a. ! ~ ~ 4~. , y ('tY 1~ cpp ~~,r ~ Js Irr :ow Ms A _ 91 3 ' . a Irii'6 !fS al at dW N P1 t'!~ ; t g + i CA s T Y~' - ` a Te[E dA b . C iii n N W U Z ~ 0 0 z r r r rr r m M r M M r 1=1 wr r A r ~ PAR $jTf INFORM~IiF G[NERAL LOCAVON tt1Kd1 7!M Aa9 NaT~ scum or WW" I& . 1FQAt LOCATIObI m x a tt . 4-a" Anw5,* v uUmmoum more. *KM Tae wP 06 uX toT x110000 so AND thza► Y.t 1 N QC40M & pt. AtX4 704 aAwn. CUM `T K VAX NO AND m Of USSMUU* MASK fA t.S o'r ~ lLk% to rrsr wnr er ea~wc o 0 r A m TsTSTor`~t canna,, d XAI►. K~at. i V1LT yaATN Affi mx 72 ►UI Kom 7Mr al f~ tt1 i[ a11► ON= DMW*CV AT APL AT PROJECT TEAM CUS mm WiVG.a4q ~ cot ip Mod s. - 1br JIM so uth *m . M. K 'AAt! a 7 OW.AN° TI I u~w nL m ir ~ a- r . u ° s e ucW 1 eQ a ab wml twopooft-W JIM sw A- on a" • It ,MU x4 ~ " "a CL ' eaAxtTOw accoX sna ra aKaw rnTa aim ,67 o u ~ : ► ..R,~,~ w q r r ie n A SITE INMRMAII no* A-0 ACIAM 1p°r+ sa n TS ft o Aaw T mb n a aairiot an at AaaA. t.s sas. rL0. if. L f W AIM tCHWO 1 is Lait YAX op W .nntw paX,.Th U toll CHEF r )NDE~f Co - COVES CI - TOPo / EX►SUNO CONO1TIONS PLAN ' C2 - PREL (NARY PLAT PLAN C3 - CIRCULATION PLAN C4 - TREE RE OVAL CS PREUMNARY ADR111 PLAN C8 - PRELIWNARY U71 Ty PLAN C7 - PREUWNARY STREET TREE PLAN Figure c. Conceptual Site Plan 3 5 N! TY MAP NTS 1 1 1 1 1 t 1 1 I 1 t 0 0 SUMMARY OF FINDINGS The following summarizes the major findings of the Transportation Impact Study. The findings are broken down into two parts: a) summary of the Transportation Impact Study methodology, and b) the general study findings and recommended on-site and off-site improvements. Transportation Impact Study Methodology 1. Existing traffic conditions within the project vicinity were documented to define the attributes of the area that would be impacted by the proposed project. 2. Traffic conditions without the project were established to define the baseline by which project impacts could be determined. These traffic volumes were estimated by using actual traffic counts (AM and PM peak hour turning movements) executed in January 2003 by Group Mackenzie. 3. Project generated daily, AM and PM peak hour trips. were estimated from rates published in "Trip Generation, 6 h Edition" (Institute of Transportation Engineers), Land Use Code 210 (Single-Family Detached Housing). Predicted site-generated trips were then assigned to the roadway network and added to the 2003 baseline traffic volumes to develop the 2003 "with project" traffic volumes. 4. Future traffic conditions with the project were established and compared to the existing traffic conditions to determine the project's traffic impact on the proposed project vicinity. 5. The future levels of service at the study area intersections were examined to determine whether any off-site mitigation measures are necessary. 6. Access to the site will be provided by Leiser Lane, a new street proposed to be constructed to create connectivity between 79th and 81St Avenues to the project site. Sight distance requirements were also evaluated as part of this study for the analyzed intersections in addition to 81St and 79th Avenues at Leiser Lane and the future connection of 80`h Avenue and Viola Avenue at 81St Avenue. Findings 1. The proposed development is expected to generate 225 daily, 23 AM peak and 24 PM peak hour trips. 2. The STOP sign controlled intersection of 79`, Avenue at Bonita Road was analyzed under existing conditions (year 2003) and determined to operate at level of service (LOS) E for the AM peak hour and LOS F for the PM peak hour. These levels of service are expected to remain the same during the year 2003 with project traffic added. 4 " " S` 3. The STOP sign controlled T intersection of 81 Avenue at Bonita Road was determined to operate at LOS C during the AM peak and the PM peak hours ' under current conditions for the year 2003. The levels of service will remain the same for the year 2003 with project added traffic for the AM peak and the PM peak hours. ' `h ` 4. Sight distance on Leiser Lane at the intersections with 79 and 81 S Avenues was analyzed and determined to be adequate based on the posted speed on both streets. t ` 5. Sight distance at the intersections of 79 and 81 S Avenues at Bonita Road was determined to need improvements. The intersection of Viola Street and 81 S` Avenue was also determined to need improvements to meet sight distance standards for a street with 25 MPH posted speed. Recommendations Based on the Transportation Impact Study contained in this report, the following are our recommendations: I . STOP sign control is recommended at the new intersections of Leiser Lane at 79th and 81St Avenues for the traffic exitin the roject site g p . ' 2. STOP sign control is also recommended for the new intersection created by 80`h connectin 80th Avenue to Leiser Lane A STOP i h ld b i ll d g . gn s s ou e nsta e on Avenue for vehicular traffic approaching Leiser Lane. ' 3. An existing retaining wall on the southwest comer of the intersection appears to be obstructing sight distance for vehicles approaching the intersection of 79th Avenue at Bonita Road from the south and looking west. In addition, a portion of a fence (approximately 30 feet in length) would need to be moved back from Bonita Road about two feet to be able to meet sight distance requirements. A more detailed survey work should be conducted prior to making improvements. 4. An existing fence on the northwest corner Tpears to be obstructing sight distance for vehicles approaching the intersection of 79 Avenue at Bonita Road from the north and looking east. According to a prior study at this intersection conducted by DKS and Associates, the fence violates current City of Tigard code for obstructing at an ' :intersection. It is recommended to move the fence back approximately four feet from Bonita Road to achieve some level of improvement on sight distance. A more detailed survey work should be conducted prior to making improvements. 5. Installation of a traffic signal is not recommended at this time for the intersection of 79`h Avenue at Bonita Road. The peak hour traffic signal warrant and traffic accident warrant were investigated prior to making this determination. It was found that neither one of these warrants were met based on current information from traffic counts provided by Group Mackenzie and traffic accident data provided by City staff. ' 5 BONITA FIRS SIDEWALK BIKE LANE STOP SIGN "NO PARKING THIS SIDE OF STREET" SIGN BIKE LANE SIDEWALK POSTED "SPEED 25" 1/17109 Project: bonitaflow.dwg NOTES: 0 W LV UO ~Z N NO SCALE POSTED "SPEED 25" SIDEWALK BIKE LANE r SW BONITA ROAD W ~ VSTOP %rl SIGN vi BIKE LANE SIDEWALK TRAFFIC CONTROL AND LANE CONFIGURATION 01 Figure 3a N NO SCALE "NO PARKING THIS SIDEWALK SIDE OF STREET" SIDEWALK Q SIGN BIKE LANE BIKE LANE , OC p 4 ~ SW BONI TA ROAD O BIKE LANE DRIVEWAY SIDEWALK POSTED "SPEED 2: w 3 U>l BIKE LANE W p Q SIDEWATM I-(n "NO PARKING THIS SIDE OF STREET" co ciGN STOP SIGN 1/17103 NOTES: TRAFFIC CONTROL AND LANE CONFIGURATION Figure Project: 3b bonitaflow.On 1 1 1 1 t 11 1 1 r t 1 1 t t SECTION II EXISTING CONDITIONS SITE CONDITION AND ADJACENT LAND USE The proposed site is zoned R-4.5 and is vacant. Mostly residential uses surround this property to the north, south, east and west. The project site is located south of Bonita Road and between 79th and 81 st Avenues. The nearest major intersections are 79th and 81 st Avenues at Bonita Road. Both intersections of 79th and 81st Avenues at Bonita Road are currently STOP controlled for the traffic approaching Bonita Road from 79th and 81s' Avenues. The four-way intersection of 79th Avenue at Bonita Road is also controlled on the north side by a STOP sign on Fanno Creek Drive which is the extension of 79th Avenue to the north of Bonita Road. TRANSPORTATION FACILITIES Roadways have two functions, to provide mobility and access. From a transportation design perspective these functions can be compatible since high or continuous, speeds are desirable for mobility while low speeds are more desirable:for land access. Arterials emphasize a high level of mobility for through movement and by contrast local facilities emphasize the land access function, while collectors offer a balance of both functions. The following provides a description of the existing street system in the study area including a description of street classifications and characteristics. Bonita Road: Bonita Road is classified as a Collector according to the City of Tigard Transportation System Plan. This roadway is an east-west facility that connects Hall Boulevard with Lake Oswego (via Bangy Road) and I-5 (via 72nd Avenue and Carman Drive or via Bangy Road and Kruse Way). Bonita Road in the vicinity of the project consists of two travel lanes with sidewalks and bike lanes as well as designated left turn lanes at the intersections with 79th and 81st Avenues in the City of Tigard. The function of a collector street is to provide both access and circulation within and between residential and commercial/industrial areas. Collectors differ from arterials in that they provide more of a citywide circulation function, do not require as extensive control of access and connect residential neighborhoods distributing trips from the neighborhood and local street system. The posted speed limit is 35 MPH. 79th Avenue: 79th Avenue is classified as a: Neighborhood Route according to-*the City of Tigard Transportation System Plan. This roadway is a north-south route connecting Durham Road to Bonita Road and extending to the north of Bonita Road as Fanno Creek Drive which connects to Hall Boulevard. 79th Avenue consists of two travel lanes with ' limited sidewalks and no bike lanes in the project vicinity. The City has planned to very 8 make some improvements to widen this roadway with the purpose of making the road safer for vehicular traffic as well as pedestrians and bicyclists. Signage has been installed along this street to warn drivers of the restrictive sight distance compounded by the presence of pedestrians and traffic generated by private driveways. The signage suggests a driving speed of 15 MPH. Neighborhood Routes are usually long relative to local streets and provide connectivity to collectors or arterials. Because neighborhood routes have greater connectivity, they generally have more traffic than local streets and are used - by residents in the area to get into and out of neighborhoods but do not serve citywide/large are circulation. Neighborhood traffic management measures are often appropriate to retain the neighborhood character of these routes. The posted speed limit is 25 MPH. st Is' 81 Avenue: 81 Avenue is classified as a Local Street according to the City of Tigard Transportation System Plan and forms a "T" intersection at Bonita Road. This roadway is " a north-south route connecting Ashford Street to Bonita Road. 81 Avenue consists of two. travel lanes with intermittent sidewalks and no bike lanes in the project vicinity. Local Streets have the sole function of providing access to immediate adjacent land. Service to through traffic movement on local streets is deliberatively discouraged by design. The posted speed limit is 25 MPH. The following intersections were analyzed as part of this study: • Bonita Road at 79th Avenue • Bonita Road at 81 S` Avenue Figures 3-a and 3-b show the existing roadway system in the study area including number of lanes and traffic control on Bonita Road at the intersections with 79th and 81S` Avenues in the vicinity of the project site. EXISTING TRAFFIC VOLUMES The AM and PM peak hour traffic volumes were obtained at all the study area intersections. The morning and evening peak hour turning movement counts were conducted in January 2003 by Group Mackenzie. Existing morning and afternoon peak hour turning movement counts in the study area are presented in Figure 4. These actual counts are included in the appendix of this report. EXISTING LEVELS OF SERVICE 1 Based on the volumes presented in Figure 4, peak hourly traffic operations were analyzed at the intersections identified above using methodologies outlined in the 2000 Highway Capacity Manual (HCM). According to the HCM, there are six levels of service (LOS) by which the operational performance of an intersection may be described. These levels of service range between LOS A that indicates a relatively free-flowing condition, and LOS F that indicates operational breakdown. LOS D is usually considered as a minimum 1 1 r i I I t t i 11 1 IY acceptable standard in urban areas. With this level of service, some delays are expected for certain traffic movements. Evaluation of signalized intersection capacity and operation utilizes two criteria standardized in the transportation engineering industry. The first measure of operational acceptability for roadways and intersections is the ratio of traffic volume to capacity of the roadway or intersection. This ratio is referred to as the volume-to-capacity ratio (v/c). The second measure operation is the level of service. Unsignalized intersections are evaluated on the delay experienced by each lane or lane group and the total intersection average, similar to signalized intersections. This delay corresponds to the lane or lane groups' reserve capacity that is a measure of the capacity of a movement that is unused. Because major street traffic is nearly unimpeded, the intersection average does not always reflect the delays experienced by side street traffic. For this reason, the lane or lane group that experiences the highest delay will be reported for the intersection as a whole, along with the corresponding level of service and reserve capacity. Year 2003 without project, and 2003 with project levels of service are summarized in Table 1 for all study area intersections. TABLE 1. INTERSECTION LEVEL OF SERVICE SUMMARY Traffic Scenario Intersection Type of Peak 2003 Existing 2003 Existing + Project Control Hour App al Approach LOS Delay Critical Approach LOS Delay AM SB E 38.6 SB E 40.9 9th Ave. & Bonita Rd. Stop-Control PM SB F 86.5 SB F 93.5 AM NB C 19.5 NB C 20.2 1st Ave. & Bonita Rd. Stop-Control PM NB C 18.5 NB C 19.5 Notes: 2000 Highway Capacity Manual methodology used in analysis. NB - Northbound. SB - Southbound. 10 ACCIDENT HISTORY Accident data on Bonita Road at 79th and. 81' Avenues was obtained from the City of Tigard Public Works Department. This information revealed that only three accidents were reported on Bonita Road near 79th or 81St Avenues. The accidents reported were as follow: • March 27, 1999: 200 feet from 79th Avenue. Backing out of driveway-failure to yield. February 1, 2000: 500 feet east of 79th Avenue. Rear-end, hit and run. December 19, 2001: 100 feet from 79th Avenue. Exit driveway, tree or stump- mechanical defect. EXISTING PUBLIC TRANSIT SERVICE No:transit service is available in the project vicinity. There are currently 12 fixed bus routes that provide service within the City of Tigard. There are four express routes providing service to Tigard residents (12E, 64X, 92X and 95X). Existing transit ~I headways on bus routes in Tigard range from 10 to 15 minutes on Routes 12 and 92X to about 30 minutes on Routes 76 and 78 during peak commute periods. While Tri-Met bus ridership in Tigard increased 35% from 1990 to 1994 and another 15% from 1994 to 1999 (comparing 12 routes), transit ridership represents 6% of Tigard PM peak hour trip making. One of Tigard's greatest transit needs in the future will be improving transit service to the southwest portion of the City where much of the new development is occurring. Tri-Met has identified Durham Road and Barrows Road for transit service in the future. Rapidly increasing employment and housing creates a much greater opportunity to create productive public transit routing in Tigard. As part of the development of the City of Tigard Transportation System Plan several strategies were developed for the implementation of future'transit facilities in Tigard. These strategies were developed to provide the City with priorities in providing guidance to Tri-Met since it is likely that the available funding will be insufficient to address all of the projects identified in the Transit Master Plan. Strategy number one focuses on providing Commuter Rail through Tigard. This allows greater connectivity to the regional transit network and to other nearby cities such as Hillsboro, Tualatin and Wilsonville. Stations in the Tigard area would be located in the Downtown Area and near Washington Square. Since the Commuter Rail route crosses Bonita Road just west of 72°d Avenue it can provide some future relief to some of the traffic currently experienced on Bonita Road at the peak hours. t 1 11 NON-MOTORIZED TRANSPORTATION Pedestrian and bicycle facilities are currently available on Bonita Road. Concrete sidewalks approximately 6 feet in width and 5-foot striped bike lanes are available along Bonita Drive in the vicinity of the project between 79`h and 81St Avenues. The typical cross-section for a Collector street classification includes sidewalks and bike lanes. Continuous bikeways are currently provided for the full length of Durham Road, McDonald Street and Tigard Street in the City of Tigard. Bikeways are also provided for significant portions of ORE 99-W, Hall Boulevard, Bonita Road, 97th and 98th Avenues, Greenburg Road, Walnut Street, 121 St Avenue and Bull Mountain Road.. In addition, there are few segments where bikeways exist specifically where new development and roadway improvements have occurred. Continuity and connectivity are key issues for bicyclists and the lack of facilities or in some cases gaps can cause significant problems for bicyclists in the City of Tigard. Without connectivity of the bicycle system, this mode of travel is severely limited. The Transportation Planning Rule (TPR) calls for all arterial and collector streets to have bicycle facilities. In order to meet the TPR requirements and fill in existing gaps in the existing bicycle system, an action plan that focuses on the framework system should be developed to prioritize bicycle investment. According to the City of Tigard Transportation System Plan, there are recommended projects in the Bicycle Project Priorities for the construction of bike lanes on City arterials and collectors. A limited number of sidewalks are provided on the arterial and collector roadways in the City of Tigard, resulting in a fair existing pedestrian network. Many residential subdivisions in the City are relatively new and a majority of them have sidewalks available. A problem exists outside the limits of new developments where connecting sidewalks often do no exist. This is the case of both 79th and 81St Avenues within the limits of the Leiser Park Development. Continuity and connectivity are key issues for pedestrians in Tigard since generally speaking if there is a sidewalk available, there will be sufficient capacity. In general, it is more important that a continuous sidewalk be available than that of a certain type or size. Residential trips need a set of interconnected sidewalks radiating out from homes to destinations within one-half to one mile. Beyond these distances, walking trips of this type become significantly less common (over 20 minutes). The most common need is to provide a safe and interconnected system that affords the opportunity to consider the walking mode of travel, especially for trips less than one mile in length. As part of this proposed development, Leiser Lane is to be constructed providing connectivity between 79th and 81St Avenues. Leiser Lane will include sidewalks that will connect future residents of Leiser Park to nearby collectors and arterials within the City of Tigard pedestrian system. 12 ' PLANNED TRANSPORTATION IMPROVEMENTS Many agencies, as well as public and private providers and developers are involved in building and maintaining the City's transportation system. Metro, the region's governing body, coordinates transportation financing for many projects, sets priorities for expenditures, and sets standards for the operation and design of regional elements of the transportation system. The City coordinates with other cities in the Metro area, transit providers and the State of Oregon. One product of that coordination is the City of Tigard Transportation System Plan (TSP). The improvements needed to mitigate modified 2015 future conditions combine both those identified in prior plans and those determined as the outcome of the TSP transportation analysis. The improvements shown in Figure 8-18 of the TSP are part of the updated RTP listing for the Tigard area. The Figure includes Bonita Road for improvements consisting of its widening to four lanes from Hall Boulevard to Bangy Road at an estimated total cost of $8 million. The City of Tigard has also developed plans for improvements of 79`h Avenue between Durham Road and Bonita Road. According to City staff plans for the construction of these improvements are currently on hold. ,o I 1 1 r t 1 13 • SECTION III TRANSPORTATION IMPACT STUDY ANALYSIS METHODOLOGY The impact of traffic generated by the proposed Leiser Park development project during the AM and PM peak hours were analyzed as follows: • Based on the project size of development, the total number of future AM and PM peak hour trips, both in and out of the proposed development, were estimated for complete build out of the site. • Trip distribution of site-generated traffic was developed from existing count information as well as logical travel paths to the major transportation facilities. Background traffic conditions for the year 2003 without the project were estimated by using actual counts conducted by Group Mackenzie in January 2003. ' Predicted site-generated traffic for the weekday AM and PM hours were assigned to the roadway network and added to the 2003 existing traffic volumes to develop the 2003 traffic volumes with the proposed project. • Future traffic (year 2003) demands on each of the study area intersections in the project vicinity were analyzed to identify any capacity or roadway deficiencies with the build out of the site. • Site access, circulation and sight distance issues were analyzed. A detailed discussion of the methodology summarized above, and the analysis results are contained in the remainder of this section. 2003 EXISTING TRAFFIC AND LEVELS OF SERVICE WITHOUT PROJECT The year 2003 was used as base for this study since traffic counts were conducted in January 2003 by Group Mackenzie. The year 2003 traffic analysis was derived from the actual counts taken. Figure 4 shows the 2003 existing traffic volumes without the project for the AM and PM peak hours. TRIP GENERATION Estimates of daily, AM peak hour and PM peak hour trips generated by the proposed project were developed from rates published in "Trip Generation, 6'b Edition" (Institute of Transportation Engineers) for this project. The Leiser Park development project is expected to generate 225 daily, 23 AM peak hour and 24 PM peak hour trips. 14 1 1 l r r N NOT TO SCALE AM/PM PEAK HOUR TRAFFIC VOLUMES 01/15/03 NOTES 2003 EXISTING TRAFFIC VOLUMES Figure Project ~1 LEISERPARK TRIP DISTRIBUTION AND ASSIGNMENT To determine the trip distribution pattern of project generated traffic, existing AM and PM peak hour turning movement traffic counts were utilized as well as logical travel patterns to the major transportation facilities. A generalized trip distribution for both the AM and PM peak hours was developed. The trip distribution pattern and assignment of project generated traffic are shown in Figure 5. 2003 WITH PROJECT TRAFFIC VOLUMES AND LEVELS OF SERVICE The traffic volumes shown in Figures 4 and 5 were combined to determine the 2003 with project traffic volumes and levels of service. These traffic volumes are shown in Figure 6. Based on the traffic volumes shown in Figure 6, levels of service analyses were conducted for the 2003 with project traffic volume conditions for both the AM and PM peak hours. The results of the analysis for the year 2003 with project traffic volumes are shown in Table 1. As shown on Table 1, the intersection of 81 Avenue at Bonita Road operates at level of service C for the AM peak and PM peak hours under current conditions and it will maintain the same level of service during both peak hours with the project added traffic. The intersection of 79`h Avenue at Bonita Road operates at level of service E in the AM peak hour and level of service F in the PM peak hour currently, and with the project added traffic these levels of service will not change for the AM and PM peak hours. SITE ACCESS AND CIRCULATION Access to the proposed Leiser Park development will be provided by Leiser Lane, a new street that will be providing connectivity to 81 sc and 79`h Avenues. The new right-angle intersections created by Leiser Lane at 791h and 81 sc Avenues will be controlled by a STOP sign at each of the intersections for the traffic exiting the site. Leiser Lane is anticipated to be constructed according to City standards for a street serving this proposed project. Leiser Lane is also anticipated to be located in excess of the minimum 150 feet required by the City of Tigard as separation from an arterial or a collector street, and over 125 feet from the required distance between local streets in the vicinity of the project. The posted speed on 81 S` and 79`h Avenues is 25 MPH. According to AASHTO requirements and from a sketch developed by SR Design for the location of Leiser Lane at 81 s` and 79`h Avenues, it can be concluded that both of these intersections provide approximately 250 feet of sight distance, which is adequate for this type of roadway. In addition, in the case of 79`h Avenue, there are warning signs placed along the roadway asking drivers to lower the speed limit (Hidden Driveways 15 MPH) due to the presence of driveways along the roadway and pedestrians that also use this facility without sidewalks. It is anticipated that these two intersections would not present potential conflicts with the operation of other driveways in the project vicinity. 16 1 r t 1 1 M 1 1 1 (E) NOT TO SCALE AM/PM PEAK HOUR TRAFFIC VOLUMES 01/1&03 NOTES SITE TRIP ASSIGNMENT Figure Project LEISERPARK 5 1 1 t r 9, t 1 1 1 1 1 N NOT TO SCALE wr AWPM PEAK HOUR TRAFFIC VOLUMES 01/15103 NOTES 2003 TRAFFIC VOLUMES Figure Project LEISERPARK WITH PROJECT 6 r The required sight distance as determined from a prior study conducted by DKS Associates as part of the 79 h Avenue improvements (Durham to Bonita) is 380 feet for vehicles traveling eastbound, and field measurements indicate there are approximately 150 feet of sight distance available to the west and 360 feet to the east. From these measurements it was concluded that the sight distance should be improved for vehicles approaching this intersection from the south. An existing retaining wall on the southwest corner of the intersection is obstructing the sight distance to the west and utility boxes located on the southeast corner of the intersection also create some obstruction to the east. It is recommended that a portion of the retaining wall should be lowered and in addition the fence next to the retaining wall should be moved back from Bonita Road approximately two feet in order to meet sight distance requirements. The intersection is currently controlled by a STOP sign for vehicles approaching Bonita Road from 79ffi Avenue. The same prior study indicates that the.sight distance also should be improved for vehicles approaching this intersection from the north and looking to the east (left). The required sight distance is 390 feet for vehicles traveling westbound and field measurements indicated approximately 180 feet is currently available. A fence on the northeast corner is obstructing sight distance. The fence would need to be moved back from Bonita Road approximately four feet from its existing location to achieve an improvement in sight distance. The intersection of Fanno Creek Drive and Bonita Road is currently controlled by a STOP sign. nal warrants based on traffic accidents and Traffic si eak hour traffic v l es w g p um o ere investigated as part of the analysis of the intersection of 79`h Avenue at Bonita Road. Based on the investigation of these two warrants it was determined that a traffic signal should not be installed at this time. The City of Tigard Transportation System Plan recommends the possibility of the installation of a traffic signal at this intersection in the year 2015 provided that traffic signal wan-ants are investigated in accordance to the Manual of Uniform Traffic Control Devices prior to its installation. With the construction of the Leiser Park development, 80`h. Avenue will provide connectivity to Leiser Lane creating a new intersection. It is recommended that a STOP sign be installed on 80'' Avenue for the traffic entering Leiser Lane. This new connection will also allow traffic from the proposed project to connect to 8Is' Avenue via 80th Avenue and Viola Street. The "T" intersection of Viola Street and 81" Avenue is currently controlled by a STOP sign for the traffic approaching 81" Avenue on Viola Street. From field observation it was determined that for vehicles approaching this intersection from Viola Street the sight distance is limited to approximately 100 feet due to the presence of overhanging tree branches on the south side of this intersection. The sight distance towards the north side of 81' Avenue is approximately 250 feet. A potential sight distance improvement at this intersection would involve trimming the overhanging vegetation on the south side of the intersection. 11 19 Th "T" intersection of 81St Avenue at Bonita Road is currently controlled by a ST ~ Y OP sign. A residential driveway is located directly across from 81St Avenue. The sight distance is very restrictive on the west side of Bonita Road (approximately 180 feet) due to the presence of a fence. To the east the sight distance is compromised by a retaining wall, which limits the ability to see oncoming traffic on Bonita Road to approximately 120 feet. Following the same sight distance requirements determined from the DKS study (380 feet for the eastbound and 390 feet for the westbound directions) it is concluded that improvements such as relocating the fence and lowering/relocating the retaining wall on the south side of Bonita Road should be considered in order to improve the sight distance at this intersection. CONCLUSIONS The following are the findings and recommendations from the Transportation Impact Study for the proposed project: Findings 1. The proposed development is expected to generate 225 daily, 23 AM peak and 24 PM peak hour trips. 2. The STOP sign controlled intersection of 791i Avenue at Bonita Road was analyzed under existing conditions (year 2003) and determined to operate at level of service (LOS) E for the AM peak hour and LOS F for the PM peak hour. These levels of service are expected to remain the same during the year 2003 with i project traffic added. 3. The STOP sign controlled "T" intersection of 81St Avenue at Bonita Road was determined to operate at LOS C during the AM peak and the PM peak hours under current conditions for the year 2003. The levels of service will remain the same for the year 2003 with project added traffic for the AM peak and the PM peak hours. 4. Sight distance on Leiser Lane at the intersections with 791i and 81St Avenues was analyzed and determined to be adequate based on the posted speed on both streets. 5. Sight distance at the intersections of 791i and 81St Avenues at Bonita Road was _ determined to need improvements. The intersection of Viola Street and 81st Avenue was also determined to need improvements to meet sight distance standards for a street with 25 MPH posted speed. Recommendations 1. STOP sign control is recommended at the new intersections of Leiser Lane at 79th and 81St Avenues for the traffic exiting the project site. 1 20 2. STOP sign control is also recommended for the new intersection created by connecting 801, Avenue to Leiser Lane. A STOP sign should be installed on 80`h Avenue for vehicular traffic approaching Leiser Lane. 3. An existing retaining wall on the southwest corner of the intersection appears to be obstructing sight distance for vehicles approaching the intersection of 79`h Avenue at Bonita Road from the south and looking west. In addition, a portion of a fence (approximately 30 feet in length) would need to be moved back from Bonita Road about two feet to being able to meet sight distance requirements. A more detailed survey work should be conducted prior to making improvements. 4. An existing fence on the northwest corner appears to be obstructing sight distance for vehicles approaching the intersection of 79`h Avenue at Bonita Road from the north and looking east. According to a prior study at this intersection conducted by DKS and Associates, the fence violates current City of Tigard code for obstructing at an intersection. It is recommended to move the fence back approximately four feet form Bonita Road to achieve some level of improvement on sight distance. A more detailed survey work should be conducted prior to making improvements. 5. Installation of a traffic signal is not recommended at this time for the intersection of 79th Avenue at Bonita Road. The peak hour traffic signal warrant and traffic accident warrant were investigated prior to making this determination. It was found that neither one of these warrants were met based on current information from traffic counts provided by Group Mackenzie and traffic accident data provided by City staff. I A 1 21 SECTION IV TECHNICAL APPENDICES • YEAR 2003 TRAFFIC COUNTS - 79th Avenue at Bonita Road (AM/PM Peak Hours) - 81st Avenue at Bonita Road (AM/PM Peak Hours) . L E EVEL OF SERVIC CALCULATION SHEETS - 79th Avenue at Bonita Road (AM/PM Peak Hours) - 81st Avenue at Bonita Road (AM/PM P k H ea ours) • SIGHT DISTANCE DIAGRAMS ON LEISER LANE AT 81ST AND 79TH AVENUES • PEAK HOUR SIGNAL WARRANT CALCULATION • 22 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 r • Bonita Road/SW 79th Avenue 2003 Existing PM Peak Hour Traffic Count Services 2020171.01 1/7/2003 16:55-17:55 0.92 GROUP MACKENZIE INTERSECTION SUMMARY SB HV= 0.0% SU= 0.0% 17 -*j ~ 1 EB 10 65 WB HV= 0.0% 392' 1094 W- 0.0% SU= 1.0% 17 j- 45 SU= 0.7% q tr 9 3 25 NB HV= 0.0% SU= 0.0% SW 79TH AVENUE BONITA_ROAD SW 79TH AVENUE BONITA ROAD 1 0 0- -l 39 2 0 0- 4 2 28 0 77 1 0 0 3 62 4 0 0 0 0 43 1 114 2 0 0 2 64 6 0 0 3 1 31 0 109 300 0 0 0 8 56 4 0 0 0 0 31 1 100 323 0 0 1 0 64 4 0 0 1 1 37 0 108 317 0 0 0 6 49 3 1 1 1 0 36 1 98 306 0 0 0 7 50 2 1 1 0 0 31 0 92 298 2 0 1 6 98 3 1 0 0 0 30 0 141 331 3 0 0 2 43 6 0 1 1 0 31 0 87 320 1 0 0 2 12 0 0 0 2 1 26 4 48 276 0 0 1 0 51 3 3 0 2 2 32. 2. 96 231 1 0 0 2 113 6 1 1 1 2 20 3. 150 294 1220 • 1 0 1 2 59 4 0 0 2 3 33 4 109 355 1252 1 0 1 2 86 3 0 0 0 1 42 1 137 1275 0 0 0 8 113 4 2 0 5 0 23 0 155 401 1321 0 0 1 6 109 2 0 0 1 1 40 0 160 452 1381 0 0 1 5. 89 4 2 0 4 0 36 0 141 1414 1 0 0 4 98 8 0 0 2 1 24 4 142 443 1458 1 0 0 5 103 6 1 0 3 0 35 0 154 437 1520 1 1 0 3 98 7 1 1 2 0 42 2 158 1537 4 0 0 3 89 4 1 0 1 0 31 1 134 446: 1584 6 0 1 5 72 13 0 0 3 1 35 2 138 430 1674 1 1 1 0 65 4 1 1 1 1 31 0 107 2 0 1 2 74 _ 4 0 0 4 1 30 0 118 363 1653 PV 17 2 6 45 1085 65 9 3 25 10 388 17 1672 SU 0 0 0 0 9 0 0 0 0 0 4 0 13 HV 0 0 0 0 0 0 0 0 0 0 0 0 0 DTAL 17 2 6 45 1094 65 9 3 25 10 392 17 1685 GROUP MACKENZIE ON 503-224-9560 h:lprojects102017101Uraflic179bon03.)ds 0690 SW Bancroft Street, Portland, Oregon 97201 1/14/03 4:39 PM an .w: on MW so am go M, Ift, w m air Im r an ~ a ON Nt T Of N A W N ~ O tO tD V tD N A W N ~ p co co V m W A W N + ~ v : i ~ v ~ ~ v r r v / r ~ a ~ ~ m m m W C~ ~ ~ D p~ ( G y y tJ~ A ♦ O y t~ tl~ y y~~ O N S N O pp (J~ S Nt~ b~ Wt ~ 0 y y t1~ A A 0 ~ t~l N t~ y O {N/~ N N O In O p p tT S r a ~ ~ N + W A + + 0 0 0 + + O + W N 0 0 0 O N + + D CCC O 0 + 0 0 + 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 + o 0 0 0 + o + + o + o o + o o + 0 0 0 0 T fA m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 T .Zl N O N W W p~ A N 01 tD N N N O N N 01 V to 0 G1 N W + J pp~~ mm a~pp eR IJ 9 12 S q m W YE N + m CS ~ S t7i ~i a V 3 = A A W A V O W A N P W A O W O W W N W A A m A N 1 1 1 O O O 0 0 0 0 O O O O O O O O O O 0 .0 O O O O O cc G O + O + + O N O N O O + W O O + + 0 0 0 0 0 D 2 ~ o + o o + o o o o o o o + o o + o + + o o o o o 3 1 ~ r P + W + N W N A + M O N + " " - 0 0 + + O W 01 & T 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C .0. 0 .0 $ Z .ZI + 0 0 0 + O + O + W N N + 0 0 0 0 + O + O + gj J j j l J O 8q !2 fj b: A 6/ A Si N t+ tg is 8 Ef t"' W 2 u A V T O O N + N O A 0 0 0 + A W N A 0 0 0 + O + O + O T D 0 0 0 0 o 0 o 0 o O O 0 0 o o 0 0 0 0 0 o o o 0 s t t 0 page i t 1 Page i 1 1 1 1 1 1 1 1 l 1 1 1 1 1 1 1 1 1 • Bonita Road/SW 79th Avenue Eft® L 2003 Existing AM Peak Hour E " Traffic Count Services NfB - k : 2020171.01 ' " 1/712003 7:25-8:25 0.92 GROUP MACKENZIE INTERSECTION SUMMARY SB HV= 0.0% SU= 4.6% 19 3 43 1 I EB 5 6 WB HV= 0.3% 876 222 HV= 2.6% SU= 1.0% 4 -i r-- 5 SU= 2.6% qtr 8 1 39 NB HV= 0.0% SU= 2.1% SW 79TH AVENUE BONITA ROAD SW 79TH AVENUE BONITA ROAD 6 2 1 1 9 1 0 0 2" 0 37- 0; 59 5 0 0 0 13 0 1 0 .6 0 53 0 78 7 0 0 1 8 0 0 0 3 0 53 1 73 210 6 0 2 0 15 0 2 0 3 0 59 0 87 238 4 0 0 0 14 1 1 0 3 0 66 1 90 250 6 0 1 0 18 0 0 0 3 0 54 0 82 259 6 1 1 0 15 0 0 0 5 0 65 1 94 266 4 1 0 0 19 0 0 1 8 0 70 0 103 279 9 1 1 0 14 2 2 0 2 1 55 0 87 284 3 0 1 0 15 1 1 0 2 0 52 1 76 266 8 0 0 0 15 0 1 0 5 3 47 1 80 243 2 0 0 1 11 2 0 0 9 0 75 0 100 256 1009 7 0 2 1 19 0 2 0 3 0 62 0 96 276 1046 7 0 0 0 14 0 0 0 3 0 95 0 119 1087 5 0 2 1 23 0 0 0 3 0 80 0 114 329 1128 1 0 0 0 18 0 1 0 4 0 92 0 116 349 1157 1 1 3 0 25 2 0 0 5 0 68 1 106 1173 2 1 4 1 22 0 0 0 4 1 73 0 108 330 1199 3 0 2 1 13 0 1 0 0 0 69 0 89 303 1194 6 0 0 0 24 0 3 0 4 0 68 1 106 1197 4 0 2 0 22 0 0 0 1 2 75 0 106 301 1216 3 1 1 0 18 1 1 0 2 2 60 0 89 301 1229 2 0 3 0 13 1 0 1 1 0 59 2, 82 4 0 1 1 18 0 0 0 2" 0 '60 " 1 87 258 1218 PV 43 2 17 5 211 5 7 1 39 5 864 4 1203 SU 0 1 2 0 5 1 1 0 0 0 9 0 19 HV 0 0 0 0 6 0 0 0 0 0 3 0 9 )TAL 43 3 19 5 222 6 8 1 39 5 876 4 1231 GROUP MACKENZIE Ph: 503-224-9560 h:lprojects102017101 ftfRc179bon03jds 0690 SW Bancroft Street, Portland, Oregon 97201 1/14/03 4:39 PM • IL I 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d a CL 0 0 , 0 0 , 0 0 x- 0 0 0 0 0 0 0 o o N O c K `r~ u~ u M O M O y W 0 0 0 0 0 0 .0 Q O P! 0 0 0 o o 0 - O O N N O O z 8 1 1 1 1 l 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a N W co M N P1 N W N N H T lO M O! Q IA Q O Q ~ N ~ N J a' O o 0 0 0 0 0 - 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O Y F2 c F i a O - O N - o O O N - O N O O r o 0 - N 0 - O O S N 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -1 a lil O O O 3 ,0 O N ~ O N O 0 0 0 0 0 0 - - O S T 1 1 0 fO A Q f0 W U1 W l7 t7 ' W Q N ~ N N eN- N (V A N W O 0 0 0 0 0 0 0 0 ~ O 0 0 0 0 0 0 ~ R U. S Q 1 1 T 1 c O o J 0 0 .0 0 0 0 0 0 0 40 10 40 0 0 0 0 0 0 0 0 0 o o O W ~ 1 1 1 1 1 1 a e- O O N O ~ O - 0 0 N O N O N f4 N 0 N M N O O O O o - 0 0 0 0 0 0 0 0 0 0 0 0 0 v ~ 1 1 1 1 1 2 a L W N A W Q W W Q Oi l7 W N A A N ~ N l0 W Q M N Q co r y y E~ ~3 iC 8 i0 $ i Q D Si 1C fG 8 1~ 8 1~ ° 1~ ~ I~ R 1~ ry 8 ~ 8 ~ g ~ ~ 53 8 8 ig a Z ~ _F D ( A 1 1 f 1~ h 1~ CD GD m m m m W W . -N 1'7 Q N fO A W O) ~ ~ ~ N ~ ~ m ~ ^D ~ R N ~y N ~ H N W N I i i m r~ r~ ~ t ~r ~rir r irr r a~ m r r m ! m t 1 r 0 1 Pwo ' `m MM M MM Man= M M M- M MM m m~ M t f N A + W m m V W N A tJ N + R fJ N 0 1D W V W N A N + O W W i Z a a, N m ' m m m m ~ ~ ~4 ,y y ~ ~ y y y ~ m m m m m a ~ i u a in o ~n 8 to ~ ~n $ Yn'' ~n o m o ~n B U ~ ~°n $ Yn' r y m o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 5 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 ~ C L o 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 o o 0 0 C O 0 0 v m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o o 0 0 0 r 1 m -n 0 0 . . 0 0 0 0 0 0 0 0 0 0 0 0 O C 0 0 g C, O + O O N o O " 10 - 0 0 0 + 0 0 .0 .0 .0 .0 0 + 0 0 O 1 Z O O O O 0 .0 .0 .0 0 10 10 O 0 10 0 O O O O O o O O O 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 G 0 0 0 0 0 0 0 0 0 0 10 1 1 1 1 1 1 1 1 1 S ` 0 0 . . . 0 . . 0 0 . . o O O o 0 0 0 0 0 0, 0 0 y 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 x o 0 0 0 . - 0 - 0 0 0 0 0 . 0 - 0 0 0 0 0 . . . O ;a 1 1 1 1 1 1 ;E ~ n r O o 0 0 0 0 0 0 01 0 0 0 0 0 0 0 0 0 CI O 01 0 0 0 v 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ z z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 g gm R o 0 0 0 0 - 0 0 0 o + o 0 0 0 0 0 0 " 0 0 0 0 + ~g v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v p ~n Q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • I G 0 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 • • GROUP MACKENZIE INTERSECTION SUMMARY SB HV= #DNro! SU= #DIV/0I 0 0 1 EB 0 0 WB W= 0.0% 398 992 HV= 0.0% SU= 1.5% 8 r-- 51 SU= 0.6% qt r 4 0 9 NB HV= 0.0% SU= 0.0% BONITA ROAD SW 81 ST AVENUE BONITA ROAD 0 0 0 0 9 0 0 0 1 0 29 0 39 0 0 0 1 18 0 0 0 2 1 28 0 50 0 0 0 1 6 0 0 0 1 0 33 0 41 130 0 0 0 0 10 0 0 0 0 0 29 0 39 130 0 0 0 0 10 0 0 0 0' 0 32 0. 42 122 0 0 0 0 13 0 0 1 0 0 29 1 44 125 0 0 0 2 67 0 1 0 0 0 25 0 95 181 0 0 0 6 62 0 1 0 1 0 40 0 110 249 0 0 0 3 98 0 1 0 2 0 39 3 146 351 0 0 0 2 89 0 1 0 0 0 27 0 119 0 0 0 3 76 0 0 0 1 0 30 0 110 375. 0 0 0 1 92 0 0 0 2 0 40 2 137 366 972 0 0 0 2 83 0 0 0 1 0 29 0 115 1048 0 0 0 6 99 0 1 0 0 0 27 1 134 386 1132 0 0 0 3 92 0 0 0 1 0 24 0 120 369 1211 0 0 0 3 69 0 0 0 0 0 30 0 102 1274 0 0 0 1 81 0 0 0 1 0 44 0 127 349 1359 0 0 0 2 87 0 0 0 0 0 28 0 117 346 1432 0 0 0 19 64 0 0 0 0 0 40 2 125 0 0 0 2 66 0 0 0 0 0 26 0 94 336 1446 0 0 0 5 76 0 1 0 1 0 33 1 117 336 1417 0 0 0 2 62 0 0 0 1 0 30 0 95 306 1393 0 0 0 4 61 0 0 0 1 0 33 0 99 311 1382 0 0 0 2 57 0 0 0 0 0 21 0 80 274 1325 PV 0 0 SU 0 0 HV 0 0 0 h:%pmjects%010250ftfflc%cnt01.)ds SW 81 st Avenue/Bonita Road 2003 Existing PM Peak Hour Traffic Counting Services 2020171.01 1/9/2003 16:35-17:35 0.97 0 51 986 0 4 0 9' 0 392 8. 1450 0 0 6 0 0 0 .0 0 6 0 12 0 0 0 0 0 0 0 0 0 0 0 0 51 992 0 4 0 9 0 398 8 1462 GROUP MACKENZIE 'Ph: 503-224-9560 0690 SW Bancroft Street, Portland, Oregon 97201 1/14/03 4:37 PM • • 0 0 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 00 o 0 0 o a 0 0 0 0 0 x 0 0 /9 0 0 N O x 0 0 0 0 N O x 0 0 0 a A N N N lO fV ~ l7 fV l9 Q ~ N H (~i ~ N V A R R A N 0 O r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 LL' x 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CI O 0 0 y 1 1 1 1 d N r 0 0 0 0 r N O r N r O r O r O 0 0 r r 0 ~g O O O O O r 0 0 0 0 0 O 0 0 O 0 0 0 0 0 0 0 0 0 Y Q N O O O O O O r 0 0 O - O 0 0 0 0 0 r 0 0 0 CO T 1 1 1 11 1 . O p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 1 1 1 1 1 1 1 1 K 01 OD fD 0 0 v 6 IDD M m r g a s g m po M i l e p N 0 p 8 ~ O r r 0 0 0 N CO Of NM r tV m P1 c* r N O! NN N V N d' LL 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W y~ ~ n . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 1 O O 0 0 0 O O O O O O O p 0 0 0 0 0 0 0 0 0 0 0 U 1 1 uj 0 0 0 6 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W IC 1 1 I S F p 8 0 ~ N N oo t~I pp V ~ oo ~f1 pp 0 ~ ~ ~ pp N N pp 1+/ pp V v pp W et~~ b fC m fD id tG m 0 m - m m - - n - - - - ^ - - - ^ - M Q 2 B- r NaO V tt f tp ta m 6 fO r N ~ V ' f0 1~ aD 0 O N N ~ lVV f0`/ 0 i s t 0 1 PWO 1 m m m m i m = = m = = = i = = m m v Q1 (NII A W N + 0 10 m V Of tn A W N + O CO CD V Of N A W N + y cc a Er v v : : m 3 D ~ ~ ~ 4 v ~ v 4 ~ v a a m oi a m o ~ m m m ar { {nn (l~ ~ ~pp O ~ AA O W W 4~ y y~~ 0 N N O iT+ O pp N S ~ N N O tAN O ~ w W O fNf~ NN O Ln O UOi S m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . v n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 x 0 0 0 10 .0 .0 0 .0 .0 .0 0 .0 0. 0 .0 .0 10 10 10 10 Q .O .0 .O .O v fP m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 r a W T 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 m~ c, { 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Y a x 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 o o a 0 0 0 m ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . D x 0 0 0 o o 0 o 0 0 O O O O O O O O O O O O O O o z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 hff z 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 _ o A 3 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 v O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 • SW 81 st Avenue/Bonita Road 2003 Existing AM Peak Hour Traffic Counting Services 2020171.01 1/9/2003 7:25-8:25 0.90 • GROUP MACKENZIE INTERSECTION SUMMARY SB HV= #DIVroI SU= #DIV101 0 0 0 i t t EB 0 - 0 WS HV= 0.1% 816 --o 272 HV= 0.7% SU= 12% 4 6 SU= 4.3% q tr 5 0 59 NB HV= 0.0% SU= 0.0% BONITA ROAD SW 81ST AVENUE BONITA ROAD 0 0 0 1 9 0 0 0 6 0 29 0 45 0 0 0 0 11 0 0 0 1 0 43 0 55 0 0 0 0 10 0 0 0 4 0 45 0 59 159 0 0 0 0 10 0 0 0 2 0 63 0 75 189 0 0 0 0 17 0 0 0 0 0 72 0 89 223 0 0 0 0 21 0 0 0 5 0 58 0 84 248 0 0 0 1 16 0 0 0 4 0 55 0 76 249 0 0 0 1 15 0 0 0 3 0 54 0 73 233 0 0 0 0 20 0 0 0 3 0 51 0 74 223 0 0 0 0 9 0 1 0 8 0 48 0 66 213 0 0 0 1 12 0 0 0 5 0 62 0 80 220 0 0 0 0 21 0 0 0 2 0 78 0 101 247 877 0 0 0 0 23 0 1 0 5 0 68 0 97 278 929 0 0 0 1 22 0 0 0 6 0 54 1 84 958 0 0 0 0 26 0 0 0 9 0 79 0 114 295 1013 0 0 0 0 21 0 0 0 8 .0 88 1 118 316 1056 0 0 0 1 23 0 1 0 6 0 60 0 91 1058 0 0 0 0 21 0 0 0 7 0 90 0 118 327 1092 0 0 0 2 22 0 0 0 1 0 58 0 83 292 1099 0 0 0 0 26 0 0 0 3 0 65 1 95 1121 0 0 0 0 22 0 3 0 6 0 64 0. 95 273 1142 0 0 0 1 19 0 0 0 5 0 55 0 80 270 1156 0 0 0 1 26 0 0 0 1 0 57 1 86 0 0 0 1 14 0 0 0 2 0 51 1 69 235 1130 PV 0 0 0 6 258 0 5 0 59 0 806 3 1137 SU 0 0 0 0 12 0 0 0 0 0 9 1 22 HV 0 0 0 0 2 0 0 0 0 0 1 0 3 TOTAL 0 0 0 6 272 0 5 0 59 0 816 4 1162 GROUP MACKENZIE Ph: 503-224-9560 h:\project5\010250\tr M'CntOl As 0690 SW Bancroft Street, Portland, Oregon 97201 1/14103 4:38 PM f v I N d iN./ N + O - m V W 01 A W N + O CD O) v 0 41 A W N + CO) CA ~ Z D oo m ap m m m v y . ~ , y v , y v m m m m m 0) N O I n O p p N p H { N D D~1 O pp 4 f y O y U 1 ( ~ 0 N O t t 1 O N p O N N O N y O (Wl 1 0 m S m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ^1 n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 x 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 a m 0 0 0 0 10 0 0 0 0 0 0 O 0 0 0 10 0 _0 0 0 01 0 10 10 1 1 T _ _ 0 0 " 0 " 0 0 " 0 0 + 0 0 _ _ 0 0 0 0 0 + O . N n a W N m ~ L -N+ ~ W + tNi1 ~ N O N D) O U1 01 10 :-4 0 0 + 10 x 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m ~ 0 0 0 W 0 0 0 + 0 0 0 + 0 0 + 0 0 0 0 0 0 0 0 0 ~ y x 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z 1 1 1 ~ r N + Of D1 W + v al or W. M. W N N 0) . W. W. 4 0 0 . " O1 i 1 1 . N O O 2 .0 0 01 0 0 0 O O O 01 0 0 O O 01 0 O 01 0 O O O am 3 2 M 0 0 0 0 0 0 0 0 01 01 01 0 0 0 0 0. 0 0 0 O O O O S l J I I 2 ~1 !1 G o a I" PA 8 & to P, P, O af T at a W T MI S j a t & t3 A v + o 0 -X 0 0 0 0 0 + 0 0 0 0 0 0 0 0 0 0 0 0 0 v ff l N O - O 2 2 0 0 a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 • 9 r r r so so so so -..d~ so so go so r 1 1 0 1 page 1 exam Tue Jan 14, 2003 17:06:19 Page 2-1 Leiter Park Sasnario: 2003 Rxisting Traffic, Weekday AM Peak Hour Level Of Service Computation Report 2000 HCH Unsignalized Method (Base Volume Alternative) #rrir#afrt#trrir#i*#irr#tr###rtrRirr#ffrf##i##rtrti##t*iiir#irir*r#rifrt#lirrrir Intersection f1 SW Bonita Rd 6 Slat Ave irtrtit###t#Risiti ri*#tit#tftiiii*iiiiti#it#rtt#ifr#r#t#rt*frt i#ii**ttrrit###iii average Delay (sea/veh): 19.5 Worst Case Level Of Service: C ttiiirir#iii#*iir*#rii#f#t#r#tt##i#tif i#i*if*ii##t####1fr##ritriir##iiirirt#ir#* Approach: North Bound South Bound Rest Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R 1--------------- 11---------------it---------------il---------------1 Control: Stop Sign stop sign uncontrolled uncontrolled Rights: Include Include Include Include Lanes: 0 0 11 0 0 0 0 11 0 0 1 0 0 1 0 1 0 0 1 0 ------------I---------------II---------------II---------------11---------------1 Volume Module: Base Vol: 5 0 59 0 0 0 0 616 4 6 272 0 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Soo: 5 0 59 0 0 0 0 916 4 6 272 0 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PH3 Adj: 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 PHP Volume: 6 0 66 0 0 0 0 907 4 7 302 0 Reduat Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Final Vol.. 6 0 66 0 0 0 0 907 4 1 302 0 ------------I---------------II---------------11---------------II---------------I Critical Gap Module: Critical Gp: 6.4 xx= 6.2 xx=== xxxx xxxxx xxxz xxxxx 4.1 xxxx zzxzx TollowUpTim: 3.5 zxxz 3.3 xx=== zzxz xzxxx xxxxx xxxx xxxxx 2.2 xxxx zzxzx ------------I---------------tl---------------il--------------- 11---------------I Capacity Module: Caflict Vol: 1224 xxxx 909 xxzx xzxx zxzzz xxxz MUM xxzxx 911 xxxx zxxzz Potent Cap.: 200 xzxz 336 xxxz xxxx xxxxx zxzx xxxz xxxxx 756 xxxx move Cap.: 198 zzxx 336 xzzx xxxx xzzxx xxxx xxxx xxzxx 756 xxxx saxxz I II--------------- II--------------- II ---------------I Level Of Service Module: Stopped Del:xzxzz xxza xxxxx zxxxx xxxx xxxxx xxxxx xxxx xzz= 9.8 xxzz ::su LOS by Move: * t r r t # i t i A # t Movement: IT - LTR - RT IT - IRA - RT IT - LTA - RT IR - LTR - RT Shared Cap.: zxzz 319 xxxxx xxxx 0 xzzxx zzzz zxxx xzzxx zxxx xsxx xxzzx Shrd StpDel:xxxxx 19.5 xxxxz xamm xxxx xxxxx xxxxx xxxz xxxxx xxxxz xxxx zzxzz Shared LOS: t C t t t r r i t # r t ApproachDel: 19.5 zxzzzz xxzxxx zzxxzx ApproachLOS: C * * r exam Tue Jan 14, 2003 17:06:19 Page 3-1 Leiser Park Scenario: 2003 czisting Traffic, Weekday AM Peak Hour Level Of Service Computation Report 2000 HCd! Unsignalized Method (Base Volume Alternative) *#arrr*#r#*rrir#t#rt#rtrr##r#t*ft######rrrrtt#rrtRitlt##itit#r##iir#!#trtr###i## Intersection #2 SW Bonita Rd i 79th Ave *#iiitrr#rrirrritt#rrt##t##rirttiit#trti#tr#irtf#tit#rt#trt#ittf#tiitif#tit#trtt Average Delay (sea/veh): 38.6 Worst Case Level Of Service: 6 N##i#i#ir*iiii#tirr##t!t#t#*i Rtt#t#r#t#ttttiiff#iiiri##iit#rtit#i*ttti###tit#t# !Approach: North Bound South Bound cast Bound West Bound Movement : L - T - R L - T - R L - T - R L - T - R ------------I---------------II---------------II---------------11---------------I Control: Stop sign Stop Sign Uncontrolled Uncontrolled Rights: Include Include Include Include Lanes: 0 1 0 0 1 0 0 11 0 0 1 0 0 1 0 1 0 0 1 0 ------------I---------------i{--------------- 11--------------- 11---------------I Volume Module: Base Vol: e 1 39 43 3 19 5 876 4 5 222 6 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bee: 8 1 39 43 3 19 5 876 4 5 222 6 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHP Adj: 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 PHP Volume: 9 1 42 41 3 21 5 952 4 5 241 7 Redact Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Final Vol.: 9 1 42 47 3 21 5 952 4 5 241 7 ------------I---------------II---------------II---------------11---------------I Critical Gap Module: Critical Gp: 7.1 6.5 6.2 7.1 6.5 6.2 4.1 xxxx zzxxx 4.1 xxxx zzzxz Po1lowUpTim: 3.5 4.0 3.3 3.5 4.0 3.3 2.2 xxxx xxxxx 2.2 xxxx zxxxx ------------1---------------{1---------------11---------------II---------------I Capacity Module: Cn£lict Vol: 1233 1224 954 1242 1223 245 248 xzxx xxxxx 957 xxxx xzzxx Potent Cap.: 155 181 316 153 181 799 1330 xxxx xxxxx 727 xxxz xxxxx move Cap.: 148 179 316 131 179 799 1330 xxxx xxxxx 727 zxxx xxxxx ------------I---------------11---------------II---------------11---------------1 Level Of Service Module: Stopped Del:x:zxx xxxz 19.1 zzxxz xxxx xxxxz 7.7 xxxx xxxxx 10.0 xxxx xxxxx LOS by Move: * * C r # i A # r A # Movement: IT - LTA - RT LT - LTR - RT IT - LTR - RT IT - LTR - RT Shared Cap.: 151 xxxx xxxxx xzxx 176 xxxxx zxxx xxxz xxxxx zzxx zxxx zxxxx Shrd StpDel: 30.5 xxxx xxxxx xxxzx 38.6 xx=== xxxxz xxxz xxxxz xxxxx xxxx xxxxx Shared LOS: D * * • c * * * t # # ApproachDel: 20.5 38.6 zxxxxx zxzxzx ApproachLOS: C c * r • Is Traf£ix 7.5.1115 (a) 2001 Dowling Assoc. ' I Traffix 7.5.1115 (a) 2001 Dowling Amoco. : i m M mm M expm Tus Jan 14, 2003 17:06:36 Page 2-1 Leiser Park Scenario: 2003 Existing Traffic, Weekday PM Peak Hour Level Of Service Computation Report 2000 HCH Unsignalized Method (Base Volume Alternative) +a++a+arra+rra+arar+a++r+++r+++t++a+t•aaaa+aaa+++car+ar++++ra+++++a+++++++++r+ta Intersection #1 SW Bonita Rd i 81st Ave a+ra++a++++rarraaar+a+aararr+raraa+ra+aaaraart+area+++rrr+a+r+a+arr+++++++r+a+a+ Average Delay (sea/veh): 18.5 Worst Case Level Of Service: C +++++r+a+ar+++trrarrraa•+aaaa+a+ar++a+++araa++raa++r+rr++r+aa+++ar+++++aa+taarr+ Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R ------------1---------------II---------------II---------------II---------------I Control: Stop Sign Stop Sign Uncontrolled Uncontrolled Rights: Include Include Include Include Lanes: 0 0 11 0 0 0 0 11 0 0 1 0 0 1 0 1 0 0 1 0 ------------I---------------II---------------11---------------II1 Vol- Module: Base Vol: 4 0 9 0 0 0 0 398 8 51 992 0 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Sze: 4 0 9 0 0 0 0 399 8 51 992 0 User Ad): 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHY Adj: 0.97 0.97 0.97 0.97 0.97 0.97 0.97 0.97 0.91 0.91 0.91 0.97 PHP Volume: 4 0 9 0 0 0 0 410 8 53 1023 0 Redact Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Final Vol.: 4 0 9 0 0 0 0 410 6 53 1023 0 ------------i---------------II---------------II--------------- 11---------------I Critical gap Module: Critical Gp: 6.4 zxxx 6.2 xzxzz xzzz xxxxx xxxxx xzxz xxxxx 4.1 xxxx xxxxx PollowUpTim: 3.5 xxxx 3.3 xxxzz xxzz xxxxx xzzzz xxxx xxxxx 2.2 xxxx xxxxx ------------I---------------II---------------11---------------II---------------I Capacity Module: Cnfliat Vol: 1542 xxxx 414 xxxx xzzz xxxxx xxxx xxxx xxxxx 419 xxxx xxxxx Potent Cap.: 128 xxzx. 642 zxxx xxxx xzxzx xxxx xxxx xxxxx 1151 xxxx xxxxx Move Cap.: 124 xxxx 642 xxxx xxxx xxxxx xzxx xzzz zzzxz 1151 xxxx zzxzz I II II II I Level Of Service Module: Stopped Del:xzx:x xxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx 8.3 xzxz xxxxx LOS by Move: r + + + r + + a a A + + Movement: IT - LTR - RT IT - LTR - RT IT - LTA - RT LT - LTA - RT Shared Cap.: xxxx 280 zxxzx xazx 0 xxxxx xxxx xxxx xxxxx sass xxxx Sbrd StpDel:xxxxz 18.5 xxxxx xxxxx zxxx xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxzz Shared LOS: + C + * + * + + + a + + ApproaohDel: 18.5 xxzxxx xzxxzx xxxxxz ApproaabLOS: C + • + exym Tue Jan 14, 2003 11:06:36 Page 3-1 Leiser Park Scenario: 2003 Existing Traffic, Weekday PM Peak Hour Level of Service Computation Report 2000 RCH Unsignalized Method (Base Volume Alternative) rr++araaar+++rar+a++r+++++a+rr+rr+r+arrar+aar+ar+raaaara++raaaa+a+ra+aar+aaaaar+ Intersection #2 SW Bonita Rd i 79th Ave ar+r+a+a+araa+r++ataaa+arra+tar++r►+rr+rrraaaaarrrt+araraar+aa+rrrrr++r+atarrra+ Average Delay (sea/veh): 86.5 Worst Case Level Of Service: P +r+raaraar+aa++r+a+raar++a+a+aar+ra+aaaw+r►ata+a+r+atrr►rrrar+arar+r+rrrrr*aaaaa Approach: North Bound South Bound East Bound West Bound Movement : L - T - R L - T - R L - T - R L - T - R ------------I---------------II---------------II---------------11---------------I Control: Stop Sign Stop Sign Uncontrolled Uncontrolled Rights: Include Include Include Include Lanes: 0 1 0 0 1 0 0 11 0 0 1 0 0 1 0 1 O 0 1 0 ------------t---------------II---------------11---------------It---------------1 Volume Module: Base Vol: 9 3 25 17 2 6 10 392 17 45 1094 65 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Use: 9 3 25 11 2 6 10 392 11 45 1094 65 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Ad5: 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 PHP Volume: 10 3 27 18 2 7 11 426 18 49 1189 71 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Final Vol.: 30 3 27 18 2 7 11 426 18 49 1189 11 ------------I---------------II---------------II---------------11---------------I Critical Gap Module: Critical Gp: 7.1 6.5 6.2 1.1 6.5 6.2 4.1 xxxx xxxxx 4.1 xxxx xxxxx YollowVpTim: 3.5 4.0 3.3 3.5 4.0 3.3 2.2 xxxx xxxxx 2.2 xxxx xxxxx ------------I---------------11---------------II---------------II---------------1 Capacity Module: Cnflict Vol: 1784 1815 435 1795 1769 1224 1260 xxxx xxxxx 445 xxxx xzxxx Potent Cap.: 64 79 625 63 62 220 559 xxxx xxxxx 1126 xxxx xxaxx Move Cap.: 59 14 625 56 71 220 559 xxxx xxxxx 1126 xxxx zx:zx ------------I---------------II---------------II---------------11---------------1 Level Of Service Module: Stopped Del:xxxxx zxxz 11.0 xxxxz xxxx xxxxx 11.6 xxxx xxxxx 8.3 xxxs zzxzx LOS by Move: r • B + r t B r a A + + Movement: IT - LTR - RT IT - LTA - RT IT - LTR - RT LT - LTR - RT Shared Cap.: 61 xxxx xxxxx xxxx 70 xxxxx zxxx xxxx xxxxx xzxx xxxx xxxxx Shrd StpDel: 78.7 xxxx xxxxx xxxxz 86.5 xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxxxx Shared LOS: F r r a F + + + a a a a ApproaahDel: 33.0 66.5 azxaxx axxxZZ ApproaahLOS: D P a a • 40 Traffix 7.5.1115 (a) 2001 Dowling Assoc. Traffix 7.5.1115 (c) 2001 Dowling Assoc. ex + pro} am Tue Jan 14, 2003 11:06:52 Page 2-1 Leiser Park Scenario: 2003 Existing Traffic + Project Traffic, Weekday AM Peak Hour Level Of Service Computation Report 2000 HCH Unsignalized Method (Base Volume Alternative) at}#f###*ta#*#t##*#*}t##*t*#}#*####*#}#t*##*#**to###iat#}ia##**######t###}t*ta}} Intersection /1 SW Bonita Rd i 81st Ave #a#}a###*a##a}#}}a}}ta*#}#ta#atr##}ta#a}taa#t*t#a#*aa#a}}r}#i}#}}}t*aat*#}#}}}}* Average Delay (sea/veh): 20.2 Worst Case Level Of Service: C *a#*t#tt##a*#tita#ttitt##t#*t#:#t#aa***}}aaa}at}ai###}#}*#t}ia###t#tt*t}it}}***} Approach: North Bound South Bound East Bound West Bound Movement : L - T - R L - T - R L - T - R L - T - R I--------------- II--------------- II--------------- il---------------I Control: Stop Sign Stop Sign Uncontrolled Uncontrolled Rights: Include Include Include Include Lanes: 0 0 11 0 0 0 0 11 0 0 1 0 0 1 0 1 0 0 1 0 ------------I---------------11---------------II---------------II---------------I volume Module: Base Vol: 6 0 68 0 0 0 0 816 5 1 272 0 growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Bse: 6 0 68 0 0 0 0 816 5 7 272 0 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHP Adj: 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 0.90 PHP Volume: 7 0 76 0 0 0 0 907 6 8 302 0 Reduat Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Final Vol.: 7 0 76 0 0 0 0 907 6 8 302 0 ------------1---------------11---------------11---------------11---------------1 Critical Gap Module: Critical Gp: 6.4 zzxx 6.2 xxxxx zzzz zzzxx zzxzx xxxx zzxzx 4.1 zxzx zxxzz FollowUpTim: 3.5 zxza 3.3 zzxzx xzzz xxxzz xxxxx zzxz xxzzx 2.2 zzxx xxxxx ---------1---------------11---------------II---------------II---------------I Capacity Nodule: Caflict Vol: 1227 xxzz 909 xxxz xxxz zzxzx xzzx zxxz xxxxx 912 xzzz Potent Cap.: 199 xxxz 336 xxxz xxzz zxzzz zzxz zxxz zxxxx 755 xxxz move Cap.: 197 xxxx 336 xxxx xxxx xxxxx zzzz xxzz xzzxx 755 xxxx xzzzz ------------1---------------11---------------11---------------11---------------I Level Of Service Nodule: Stopped Del:zxzzz xxzz xazzz x==== xxxx xxxxx xxxxx xxxx xxxxx 9.8 zxzz xxzzs LOS by Move: # # } # # # * t # A * # Movement: L? - LTR - RT L? - LTR - RT IT - LTR - R? IT - LTR - RT Shared Cap.: zxxz 318 xxxxx xxxx 0 zzzzz xxxx zzzz xxxxz xxxx xzzz xxxxx Shrd StpDel:xxxxx 20.2 xxxxx xxxxx xxxx zzux xzxzx xxxx xxzzz zzxzx zzzz z:Zcx Shared LOS: * C # + # } t t } } } # ApproachDel: 20.2 xxxzxx xzxzxz xzzx:z ApproacbLOS: C * a t ex + pros am Tue Jan 14, 2003 17:06:52 Page 3-1 Leiser Park Scenario: 2003 Existing Traffic + Project Traffic, Weekday AM Peak Hour Level Of Service Computation Report 2000 HCM Unsignalized Method (Base Volume Alternative) ######t#a###tt###a#}}at#ti#}####t##ii#a#tt##i#*t#*######ti#}############if i###*# Intersection f2 SW Bonita Rd a 79tb Ave a####i iii#i#iittt#i###*##########i*iii###t######*####t######it#####}i#}#fa ai t#*i Average Delay (sea/veh): 40.9 Worst Case Level Of Service: E i###i#i#at###iiat}#ti###•a**###}}4}###it####*t##a##a#####*t}######t######}tt##ai Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R ------------I---------------II---------------Ii---------------II---------------1 Control: Step Sign Stop Sign Uncontrolled Uncontrolled Rights: Include Include Include Include Lama: 0 1 0 0 1 0 0 11 0 0 1 0 0 1 0 1 0 0 1 0 I--------------- II--------------- II--------------- il---------------I Volume Module: Base Vol: 9 2 44 43 4 19 5 876 5 7 222 6 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Rae: 9 2 44 43 4 19 5 876 5 7 222 6 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHP Adj: 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 PHP Vol--: 10 2 48 47 4 21 5 952 5 8 241 7 Rsduat Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Final Vol.: 10 2 48 47 4 21 5 952 5 9 241 7 ------------I---------------II---------------II---------------II---------------1 Critical gap Module: Critical Gp: 7.1 6.5 6.2 1.1 6.5 6.2 4.1 xzzz xxxxx 4.1 xxxx xzxxx PollowUpTim: 3.5 4.0 3.3 3.5 4.0 3.3 2.2 xzxx zzxzx 2.2 xxxx xxxxx ------------i---------------II--------------- 11---------------II---------------I Capacity Module: Cnflict Vol: 1238 1229 955 1251 1228 245 248 xxxx xxxzz 958 xxxx xzxxz Potent Cap.: 154 179 316 151 180 799 1330 zzxz xxxxx 726 xxxx xxxzz Move Cap.: 146 177 316 125 177 799 1330 xzxx xzxxx 726 zzzz zxxxx ------------I---------------II---------------11---------------II---------------I Level Of Service Module: Stopped Del:xzzxx xxxx 18.4 zzxxx xxxx 7.7 xxxx xxxxx 10.0 xxxx xxxxx LOS by Move: * # C a # # A # # B # # Movement: LT - LTR - RT LT - LTR - RT IT - LTR - RT IT - LTA - RT Shared Cap.: 150 xxxx xxx= xxxz 170 xxxxx zxzx xxxx xxxzx zxxz zzxz xxxxx Shrd StpDel: 31.0 xxxx xxxxx xxxxx 40.9 xxxxx xaxxz xxxx xxxxx xxxz xxxxx Shared LOS: D # • * E # a * # * i t ApproachDel: 20.9 40.9 ncxzxx xxxxxx ApproachLOS: C E * # • Traffix 7.5.1115 (a) 2001 Dowling Assoc. I Traffiz 1.5.1115 (o) 2001 Dowling Assoc. ex + prof pa Tub Jan 14, 2003 17:07:08 Page 2-1 Leiser Park Scenario: 2003 Existing Traffic + project Traffic, Weekday PH Peak Hour Level Of Service Computation Report 2000 HCM Unsignalized Method (Base Volume Alternative) #######t#4rt#44###4it###at##t#fitt##titt##a####rt###4####}rtta#4}##ri4#t4}}t##aa Intersection f1 SW Bonita Rd i 81st Ave ####t###4a#t######tttt##t##at#r44r44rr##t*it##4rt#t##4#at#####a#at#####}##4a }!t# Average Delay (sea/veh): 19.5 Worst Case Level Of Service: C #tt####tt#t##t##44##t#aa4###t#a#r#4taaaa4##tt##t4#rtrta#a#####rrrra#}##artt##### Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R 1---------------II------ ---------II---------------tl---------------I Control: Stop sign Stop Sign Uncontrolled Uncontrolled Rights: Include Include Include Include Lanes: 0 0 11 0 0 0 0 11 0 0 1 0 0 1 0 1 0 0 1 0 1---------------II---------------II---------------il---------------I Volume Module: Base Vol: 5 0 10 0 0 0 0 396 9 57 992 0 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Boo: 5 0 10 0 0 0 0 398 9 57 992 0 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHF Adj: 0.97 0.97 0.97 0.97 0.97 0.97 0.97 0.97 0.97 0.97 0.97 0.97 PHY Volume: 5 0 10 0 0 0 0 410 9 59 1023 0 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Final Vol.: 5 0 10 0 0 0 0 410 9 59 1023 0 ------------I---------------II---------------11---------------II---------------I Critical GAW Module: Critical Op: 6.4 xxxx 6.2 xxxxx zxxx xxxxx xzxxx zxxz xxzzz 4.1 xxxx xxxxx FollowUpTim: 3.5 zzxx 3.3 xzzzz xxxx xxxxz xxzxx xxxx xxxxx 2.2 xzxx xxxxx ------------I---------------II---------------II---------------II---------------1 Capacity Module: Cnflict Vol: 1555 xzxx 415 xxxx xzxx xxxxx zzzx zxzz zzzzx 420 xxxx xxzxa Potent Cap.: 126 zxzx 642 xxxx zxxz xxxxx xxzz xxzz xxxxx 1150 xxxx xxxxx Move Cap.: 121 xxzz 642 zzzx xxxx xxxxx xxxx xxxz xxxxx 1150 xxxx xxxxx ------------I---------------11---------------11---------------II---------------1 Level Of Service Module: Stopped Del:xxxzz xzxz xxxxx xxxxx xxxx xxxxx xxxxx xxxx xxzxx 6.3 xzzz zxzxz LOS by Have: r # # a # # } # # A # # Movement: IT - LTR - AT LT - LTA - RT LT - LTR - RT LT - LTR - RT Shared Cap.: xxxx 263 xxxxz xxxx 0 xxxxx xxxx xz= xxxzz xxxx xxxx xxzxz Shrd StpDel:xzxzx 19.5 xxxxz xzxxx xxxx xz::x xxxxz zxxz zzzzx x4Yx zzxz xxxxx Shared LOS:" + C + # t # t t a # # # ApproaahDel: 19.5 xxzzxx mm:zzan zxxxxx Approachws: C # # # ex + proj pa Tue Jan 14, 2003 17:07:08 Page 3-1 Leiser Park Scenario: 2003 Existing Traf£io + Project Traffic, Weekday PH Peak Hour Level Of Service Computation Report 2000 HCM Unsignalized Method (Base Volume Alternative) aa}rr}##4r#aar##a#rraat*#aaaata*+t**a+}+#+}rrrrr*arc#rr##tt#a:#atrr#rraaraaaa#a# Intersection #2 SW Bonita Rd i 79th Ave tar#arrraa#r#rr#rr#taa#t##arr#ar#ra#tr4+#aa*ra4##rr4aar#ataraa#at##r#aatatrrrrr# Average Delay (sea/veh): 93.5 Worst Case Level Of Service: Y arara+arrastr*r#aaar#artsaa###ramsraaaaaa4rr*raaa#a#aaa}t#}a#}rr#a}#r##ar#tr##ar Approach: North Bound South Bound East Bound West Bound Movement: L - T - R L - T - R L - T - R L - T - R I II--------------- II--------------- II ---------------I Control: Stop sign Stop Sign Uncontrolled Uncontrolled Rights: Include Include Include Include Lanes: 0 1 0 0 1 0 0 11 0 0 1 0 0 1 0 1 0 0 1 0 ------------I---------------II---------------11---------------11---------------I Volume Module: Base Vol: 30 4 30 17 3 6 10 392 19 50 1094 65 Growth Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Initial Boo: 10 4 30 17 3 6 10 392 19 50 1094 65 User Adj: 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 PHY Adj: 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 PHY Volume: 11 4 33 18 3 7 11 426 21 54 1189 11 Reduct Vol: 0 0 0 0 0 0 0 0 0 0 0 0 Final Vol.: 11 4 33 18 3 7 it 426 21 54 1189 71 ------------1--------------- Il--------------- II---------------I Critical gap Module: Critical Gp: 7.1 6.5 6.2 1.1 6.5 6.2 4.1 xxxx xxxxx 4.1 xxxx xxxxx YollowUpTim: 3.5 4.0 3.3 3.5 4.0 3.3 2.2 xxxx xxxxx 2.2 xxxx xxxzx I--------------- II--------------- II--------------- II---------------i Capacity Module: Cnflict Vol: 1796 1827 436 1810 1802 1224 1260 xxxx xxxxx 447 xxxx xxxxx Potent Cap.: 63 78 624 62 81 220 559 xxxx xxxxx 1124 xxxx EExZx move Cap.: 56 73 624 53 75 220 559 xxxx xxxxx 1124 xxxx xxx ------------I---------------II---------------II---------------11---------------I Level Of Service Module: Stopped Del:xxxxx xxxx 11.1 xzzzz zxxx xxxxx 11.6 xazz zxxx x 8.4 xxxx xxxxx LOS by Move: + a B # r t B a a A t # Movement: IT - LTR - RT LT - LTR - RT IT - LTR - AT LT - LTR - RT Shared Cap.: 60 xxxx xxxxx xxxx 67 xxxxx xxxx xxxx xxxxx xzzx xxxx xxxxx Shrd StpDel: 84.3 xxxx xxxxx xzxxz 93.5 xxxxx xxxzz xxxx xxxxx xxxxx xxxx xxxxx Shared LOS: P ► 4 # F } a t t 4 r # ApproacbDel: 34.4 93.5 xxxxxx zxxxxx ApproachLOS: D F r 4 • I* Traffix 7.5.1115 (a) 2001 Dowling Assoc. . ' Traffix 7.5.1115 (a) 2001 Dowling Assoc. I I r 0 TL ' 00 r•nn I 1 ~ TL. 200 ! s I t 1 1 ~1 I I REQUIRED ! 1.. - z__.__ _ - LOT 9 STOPPING SITE DISTANCE VISION i CLEARANCE LINE ~pH)~ 1 I, LOT 6 1 (BASED ON 25 1 I II I Iq 15 PRIM EASEMENT (n :Ilf I I I I LOT 7 i LOT 8 00 I I E I l i LOT 5 I I 11 f II If I I 5J 1 I 8' P.U.E. (TrP) I 1 I _ _ 1 I+ T I I I - _ - ~ ~ 00 1 i' I 4 Y~ I REQ IRED 1 i STOOPING SITE 1 i ~ 1 D?ST NCE VISION ' I CLE RANCE LINE i A ED ON 25 MP) i Tj (B I-I I! I I I LOT 10 { P, a P '7 T 4 F~ I I ENO Of ACCESS 6 II .i EASE1rFNT ! C it I _J ls' Pue'ASEwENT P 1 ' S I I 22.3' UBLICEWENT U11Uri E s - + I ; . I I I I I I t _ I t 21 +GG i ,+oo L ? 0 c" 2&0 -14.0' I I ~ _ r , y I 1 I t I I I I I r- i q I LOT 15 , v I l ! I I LOT I~ I T 12 i LOT 13 1 ` I I! LOT 11 Ii I LO I I I I I I I i I , 1 I I i! { 1 IN. 1 I I i IW. EEISER I _ I B I 1 k+~s.op 6+00 { 1-{,- +GG 3+00 P.U.E. (T`R) I 1 I I I 1 II I 11 18 ? N R25• I I _ -r - 4 6' P.U.E (T R) I I ` LOT 17 { 01 I 1 t I LOT 16 IN T ` LOT t 8 , I I f t~ ' i ► 1 i i LOT 19 1 I I I A I LOT 3 I LOT q I I Q~ I I I I f i Ilj I ti$I l LOT2 I I I 1 1 I t+ I I LOT 1 I I 1 , i I ' 1 I 1 3 ~ i, l 7 I I I I, I i I 11 I N 1 I ~ , I 1 I 1 r~ h I l ~ I ~ J _ - - - --'1- REQUIRED VSIT TL 2800 STOPPING E IS N ` I 8900 DISTANCE CLEARA LINE 1I r I 1 ? BASEDNON 25 MPH) I Z 12 y' P t sI 1 T L. ~4 ~ R 1 8800 I ,I I 1 REQUIRED 1` ' J SITE STOPPING SION SNRUes NoT ExcEEaNc DISTANCE ~ 35 fT 7N ~ S E>MMNG CLEARANCE LINE t 9 TREEjS T T pitE (BASED ON 25 MPH) 0 0 i v c A bY' ~ U ~i y~ x Q ]u W 1 a z1 ~ou E , tL c• 0 ` ~cc K m i i c °z O r u Q n~ a 1. PROJECT NO. MAT001 SR Design LLC CASE FILE NO. ENGMEERWG - PL4mVNG - AMYENVG 8196 SW FALL BLVD., STE. 301 BEAVERTON, OR 97008 PLAN PHONE: (50.7) 469-1213 FAX: (503) 469-8553 PLAN/PROFILE PREUMINARY STREET PLAN AND PRO19L.E LEISER PARK 14665 SW 79TH AVE TIGARD, OREGON MATRIX DEVELOPMENT CORP. PORTLAND, OR i l a N , 8 R 4 g~ 1 3 a 9 I t (0f 1. t 2 l i, t4gL 1.\\t 'ter Y f~ t ~ I ( f r 0 m % U g $ m A _ € ~ Y p yA or ppy po.~ pO poti N, A L m CA A p A g m z Ap PR({r( ,NEE. / W. s,~q. N C. EXPIRES 12-31102 DATE NO. DESCRIPTION BY DESIGNED: SR GATE: 121,31102 . SHEET OF DRAWN: SR FILE: SR C5A CHECKED: XREF: APPROVED: 251128002800 m m w 7 w■~ ww w~ w w wrw ~w ww ~■w ww w~ wri w ww ww ww x z ooZ t~ O l7 . r ~U / C 0 P co / esf f i r3v i . . 184 0 . 13 . •C,.. ' 0 1 33. -4 0 / Q ~l G 181 9 i81. 2 'j - Lo 00 + X44 0 ....~81 I t 3 '1 U) . .1 `a.. . 0 c . k / \ ~ Z ~ 181 8 N O R / ~ U C. . a 183 6 - . ......V! . J 4 m A ~ 1as a t i ~ I1?15. s15 ` ` 8~•r E+' I E 87 16" '2 ...........I SC N 0 . E i V 189 0 169. - .....189 6 . f . . , 8 . ............i i f / r^ / C1 ~y:~':''......... SS 3 f i i +i a. L s b is 3 s: 130:0.24 5 C, 'C sue :r \ \I~ C, i J u i 1T1 ? i C7 1• is - t m Ilr p' < G• -14 . , I: C) U N I f1 N r:+ ^1. tr. V '-t' u w H . ,V r C. 5• •t, In -7 h 111 tl ~ r m ~ C• N N~ 11 S) i)U Z I tl T^ n of y. w 7 1, tl ; ux U; u m ° 1 t VI L . U PROJECT NO. STD" M QRt 1'U~TA1~1~ v~ , ~1 G Vh7 MI~VG DATE NO. DESCRIPTION 9Y MAT001 EXHIBIT (PROPLE VIEW) PRtYff ~ I ' l I NE / SR Dgg l n LLC CASE FILE NO ' 4 . R PAW LE3E ~I" N• ENGNEERWG - OtANNNG - Su* MNC / 8196 SIN HALL BLVD., STE. 301 14665 SW 79TH AVE DESIGNED SR 1 ATE EA RT B BEAVERTON OR 97008 P .14 : P : 2 J1 02 SHEET OF , PHONE: (503) 469-1113 KAX: (503) 469-E553 LAN TIGARD, OREGON ~fN C. DR4WN: SR FILE: SR T EXHIBIT MATRIX DEVELOPMENT CORP PORTLAND OR EXPIRES 12-31~D2 CHECKED: XREF: ~ 2 . , APPROVED: 25112Rnn7RCX1 i Q+56 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 December 2000 'Includes 6/14/01 Errata Figure 4C-3. Warrant 3, Peak Hour 600 x 500 x. W Q 400 W CL 300 Q Z ? 200 ~O > 100 x Page 4C-9 2 OR MORE LANES &20R MORE LANES 2 OR MORE LANES 81 LANE 1 LANE 111 LANE ~ e •150 •100 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800 MAJOR STREET - TOTAL OF BOTH APPROACHES - VEHICLES PER HOUR (VPH) *Note: 150 vph applies as the lower threshold volume for a minor street approach with two or more lanes and 100 vph applies as the lower threshold volume for a minor street approach with one lane. PEAK HOUR VOLUME WARRANT DATA Intersection Analysis Period Major Street Minor Street High Volume Approach Signal Volume (vph) Lanes M Volume (vPM Lanes ( ) Warranted? Got-Arm IZI~ EX is-ft 0 A.M 11 t 8 2- 6S 1 No A46- . F t4I`Jo GR~talc ExisTiIQ4 PM %*L3 z 3 2 NO E isri06A + IPIZCT. 117-1 2 (o Co I 00 M F-k1S-niJLG t PQoS (21o z 44 Z Ao PM 1 1 1 1 t s SUBDIVISION TYPE II ti qr: t:: ~:TY Er ~I ICI w l ~D to •.:f LFDKT10.4 CITY OF TIGARD 13125 S W Hall Blvd., Tigard, OR 9 7223 (503) 639-4171 FAX. (503) 684- 729 7 7HEliD•'-WIT ivlIr / Sherm i 3: DATE OF PRE-APP.: GENERAL INFORMATION Property Address/Location(s): Leiser - South of Bonita fronting SW 81st. Matrix - 14665 SW 79th Ave. Tax Map & Tax Lot #(s): Leiser - 2S112BC 00300 Matrix - 2S 112BD 02800 Site Size: 4.34 Acres Property Owner/Deed Holder(s)': Anne Leiser Address: 6009 SW Pendleton Ct. Phone: (503) 245-0847 City: Portland, OR Zip: 97221 Applicant*: Matrix Development Corporation Address: 12755 SW 79th Ave. #100 Phone: (503) 620-8080 City: Portland, OR Zip: 97,223 * When the owner and the applicant are different people, the applicant 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) must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL -SUMMARY The owners of record of the subject property request Subdivision approval to divide a- 2 parcel into 19 lots between ?.OH Z' and 3117-6 square feet in size. (provide any additional information here) 1 FOR STAFF USE ONLY Case No (s) Other Case No (s) Receipt No Application Accepted By Date Date Determined Complete Rev.8/4/2000 i:\curpln\masters\revised\subapp.doc REQUIRED SUBMITTAL ELEMENTS (Note: applications will not be accepted without the required submittal elements) Application Form Owner's Signature/Written Authorization ❑ Title Transfer Instrument or Deed Copy of Pre-Application Conf. Notes Wa. Co. Subdivision Name Approval ❑ Site/Plot Plan of copies based on pre-app check list) ❑ Site/Plot Plan (reduced 8112" x11") ❑ Applicant's Statement of copies based on pre-app check list) USA Sewer Use Information Card (Distributed/completed at application submittal) USA Service Provider Letter E] 2 Sets of Pre-Addressed/Pre-Starmped #10 Envelopes & Copy of 500' Property Owner List Generated by the City Neighborhood Mtg. Affidavits & Notes Filing Fee (Preliminary Plat) $3,190.00 $80 Per Lot) (Final Plat)- - - - - - $ 500.00 * Add 20% PD Fee Urban: See Wa. Co. Fee Schedule 1 1 1 1 List any VARIANCE OR OTHER vp USE ACTIONS to be considered as p * f this application: Two-part' var i ante, +a. +ree, mi+i g4+ion ire a uiremen*s , and vacation of rani+a.n ewer easeme#it 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 APPLICANT(S) SHALL CERTIFY THAT: The above request does not violate anv deed restrictions that may be attached to or imposed upon the 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 each owner of the subject property. 1 DATED this a `oo day of NhLv wner's Signature Ow er' ignature Owner's Signature Owner's Signature - - - - -I~ - - - t ~ ~ 23,539 s.f. I r'~'.'.'• ' j t~:•.•.~ I I 1:':: . I r•... X I - ~::;•:•::•:•::j I I '.I J C•:•.~.•:~.:•I eg I I oe .L 1.•..:,L•.R I ® I C....... ~ I r~ :l ~ R r•~~•~ - - - - er r.X+.~.--~- K .I I I I +I ~ i I I I I II ~ I f••: I ~ i I I I ~ r.y ~ , :l ~ f J .:.I 1•',:.1:.:1 I ~ I 1~e I I e3 ~g I 1••••.• I I I i ti gl I I I I I ~ •:1 I i ~k 1•, r.:. ~~o il . .,•1 ~ , I ~ I I I e I 1..• I ~ I I ~ a 1~ a _ 11:.;. , ~ - - 6 1•... , ti r1 _ I ..'l C . , I ~ g 1~ I f• ~ ~ .3 ~ ~ - - r:.:•...,.•, k~ ~ ...1 ;a ~ , ~ - - 1 - - - ti r: I . , I $ ~ 13 h I ~ 1•.•...• .::I ~ 1 I I , 3,e ~4, I i I ~ I ...•.I 1'... ....1 I I I i h 1 I t3 I ~ 1 • ~ ~ 33 I I e_~~ _ J,..,.. ~ I .2 ~ , ~ 3 1''~ k I y_ , .6 ti~ I 3~ I 3 ti~ I I I ~ , ,,3 Z a X I - ti ~ .....I..... • r sr~ 1 •:':~:':~:I::~::':•:~ 5 cn ° ° 1 N , . N (U m ~ ~ 1 TAG NUMBERS OF TREES TO BE REMOVED TAG NUMBERS OF' TREES TO BE SAVED 0 1 35 77 140 208 257 308 ,.J L ~ii ~ 2 36 79 141 209 260 3 9 27 0 ° 83 55 3 37 f47 210 261 315 t ~ 6 38 86 148 266 316 205 212 207 i 8 41 87 152 214 272 318 H L 211 9 42 89 156 215 273 364 m 10 43 90 168 219 275 2021 217 F 4-.1 3 218 D 12 44 92 169 219_1 276 2033 i ~ 13 45 95 172 277 2034 i ° 220 m ° 14 47 97 176 221 278 2035 C0 15 50 98 177 279 2036 °i 222 c 16 52 102 179 223 287 2037 0 17 53 104 180 225 287-1 256-1 ~ S W 18 57 106 184 292 256-2 ~ 227 'i w 19 59 108 190 228 294 256-3 20 60 109 198 229 302 256-4 21 85 130 199 2 0 302-2 0 3 23 66 131 200 236 302-3 r~ ~ H 24 67 132 201 239 303 25 68 133 202 240 304 26 70 136 203 305 242 28 71 137 204 306 243 30 72 139 206 307 L 1 244 4 _a ` ° 252 O " 256 J-7 7 a ~ i 0 0 i {Y ~ a r lid T oom~ p 7