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MLP2001-00003 MLP2ooI - 00003 • i} CITY OF TIGARD Community Development Shaping A Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS = 8/28/01 FILE NO.: MINOR LAND PARTITION IMLP12001-00003 FILE TITLE: POOLE PARTITION APPLICANT: Philip and Darlene Poole OWNER: Same P.O. Box 280 • Tualatin, OR 97062 REQUEST: The applicant is requesting a Minor Land Partition to partition the existing 21,784.15 sq. ft. lot into 2 parcels consisting of 7,600 and 12,924.15 sq. ft. respectively. The remaining 1,260 square footage will be used for the access easement. The existing dwelling is to remain. LOCATION: 13155 SW Grant Avenue; WCTM 2S102CB, Tax Lot.1300. ZONE: R-4.5 Low Density Residential. APPLICABLE REVIEW Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, CRITERIA: 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. CIT AREA: Central CIT FACILITATOR: List Available Upon Request DECISION MAKING BODY BELOW: ❑ TYPE I ® TYPE II ❑ TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT: May 3, 2001 DATE COMMENTS ARE DUE: May 17, 2001 _ ❑HEARINGS OFFICER [MONJ DATE OF HEARING: TIME: 1:00 PM ['PLANNING COMMISSION [MONJ DATE OF HEARING: TIME: 1:30 PM ❑CITY COUNCIL RUES) DATE OF HEARING: TIME: 1:30 PM ❑STAFF DECISION (TENTATIVE] DATE OF DECISION: JUNE 5,2001 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION Z VICINITY MAP ® LANDSCAPING PLAN ❑ ARBORIST REPORT ® SITE PLAN El ARCHITECTURAL PLAN El TRAFFIC IMPACT STUDY ® NARRATIVE El GEOTECH REPORT ❑ OTHER: STAFF CONTACT: Mathew Scheidegger, Associate Planner (503) 639-4171 Ext. 317 • Route To: Surveyor ✓ Development Review Engineer FINAL PLAT REVIEW CHECKLIST Plat Name: a�� {�,•(t,-T T,o,� Case Number(s) ML-P ZOO -woo Address: 1 2,k c S 5■ ■1 Giz4N.cf. M . (Do NOT release addresses to the public without consent of the Engineering Department.) Contact name and phone gardwr so..► 113 (n9 - 15%9 (Fill in when plat is dropped off) DATE RECEIVED: -1(It\ 6� DATE FORWARDED TO SURVEY: el SURVEY SECTION Check if Check if Considered Okay 1. Street alignment and width, continuity M/f1/1 2. Curve, corner, cul-de-sac radii 10% 3. Dedication,vacation, easement conveyance 4. Res dential Survey Certificate match the map EdY Comments: 4 // By: —37344 6 - /3 Zod/ Surveyor's Signature Date Page l of 1 I.\ENCTPRI V-DEVIFTN-PLAT.DOT • Route To: 1. Planning ✓ 2. Building t.7 3. Engineering Tech I 4. Development Review Engineer ✓ (FINAL PLAT REVIEW CHECKLIST Plat Name: Pew PL-ri-r Case Number(s) MLT. ?max 1- ocoo. ' DATE RECEIVED: 1 31 01 DATE FORWARDED TO PLANNING: Eti `t ID 1 To: /1/4-c-c Planning Division Check if Check if Considered Okay 1. Phase boundaries L Er 2. Lot and/or tract size and configuration ❑ p 3. Lot numbers ❑ 01, 4. Access restrictions, reserve strips L 5. Condition of Approval Satisfied ❑ Li 6. Public& Private streets (location, width, etc....,) ❑ CI 7. Preliminary Plat approval date- 1 yr period OK 8. Special Deed Restrictions (C.C.&R's) LI 9. Open Space (Deed or Dedication) Li CI 10. SPECIAL SETBACKS ARE 11. Assign Case Number(above) ❑ Li Other Comments: y .4&* BY � �%1'� ©/ 4j '7gnature i ate FORWARDED TO BUILDING DIVISION: r. G ate Page I of 4 I kENGIPIUV-0EVTIN-PLAT DOT • • • BUILDING DIVISION Comments: • • By: sI Ala' Building Dept. Signature Date FORWARD TO ENGINEERING DEPARTMENT (Attn.:Engineering Tech/Engineering Records) 13( Date ENGINEERING DEPARTMENT (Engineering Tech) Check if Okay Street Names Acceptable I4 Manhole Numbers Assign Address(s) - (front page) Er epo Address Fee (URB Projects Only): j lots @$30.00/lot=$ �/ Update City-wide maps Comments: �� uAL u P-6( �J y plg ?oafd Map By: 1.414 AL . Engineering Tech's Signature Date FORWARDED TO DEVELOPMENT REVIEW ENGINEER Page 2 of 4 I:\ENG PRfV•DEV'FIN-PLAT.DOT • • ENGINEERING DEPARTMENT Check if Okay Public Improvement Plans Approvable/Approved 111 Public Improvement Fees/Deposits ❑ Right-of Entry, Release& Waivers, Easement LI (onsite - offsite) Public Improvement Agreement Public Improvement Assurance Conditions of Approval Satisfied? Sewer Availability Letter Prepared ❑ Joint Access,Non-Remonstrance Agreement Comments: By: Development Review Engineer's Signature Date Page 3 of 4 I\ENGGPR1V-0EV4FTN-PLAT.DOT • • Returned to Surveyor for Correction BY: — DATE: e7i Zt� �� — t� �t w► S Fax to County Surveyor: "OK to review" BY: DATE: 1312-1 � i Corrections Reviewed and Approved BY: Pt DATE: Forwarded for City Signatures BY: (145 I.. - - 0.;, ,.— DATE: I( 141 Copy of Signed Plat Made and Put in File BY: DATE: Released to Developer for Recording BY: DATE: Authorize Eng. Tech Ito release addresses BY: Date: Copy of Signed Plat to DST's BY: Date: . Page 4 of 4 I EENGIPR V-DEVJIN-PLAT DOT s.k./ 4cTwo ' I i t pc.b4-. %Av. ce e 10111 L07.... • • • After recording, return to: City of Tigard—Records Division 13125 SW Hall Blvd. Tigard, OR 97223 \ i\ L'_ ii:! RESTRICTIVE COVENANT (FUTURE STREET IMPROVEMENTS) THIS AGREEMENT is entered into this 2.8/'day of. O4-TOgEVL., 2002, by the City of Tigard, a Municipal Corporation of Washington County, Oregon, ("CITY"), and Theodore W. Fox, ("OWNER"). RECITALS WHEREAS OWNER is the Owner of record of Property covered by this Agreement as shown in Section 1 below, and WHEREAS OWNER has received approval of a development on the Property from the CITY, as set forth in MLP 2001-00003 dated June 6, 2001, and WHEREAS Chapter 18.810 of the TMC (Tigard Municipal Code) contains certain conditions applicable to street improvements, and issuance of permits is conditioned on OWNER'S compliance with the TMC, and WHEREAS OWNER wishes to mitigate the impacts of the proposed development, and WHEREAS parties wish to fulfill the requirements of Chapter 18.810. IN CONSIDERATION of the mutual promises, covenants and undertakings, and the issuance of a building permit in advance of OWNER constructing improvements required by the TMC, the parties agree as follows: Section 1: The real property subject to this Agreement is described as follows: Parcels 1 and 2 of Partition Plat No. , recorded as Document No. , Washington County, Oregon. OWNER agrees that the terms of this Agreement shall bind the OWNER as well as its heirs, successors in interest or assigns. Section 2: The improvements covered by this Agreement are as follows: SW Grant Avenue Half street improvement adjacent to the frontage of the real property described in Section 1. Restrictive Covenant(Future Street Improvements) Page 1 of 4 Revision date:1/1/01 • • • Section 3: This Agreement shall be in full force and effect from the date of its execution until the improvements referred to in Section 2 are constructed in accordance with CITY standards in effect at the time of construction. Section 4: CITY agrees that the improvements listed in Section 2 will only be required as a result of any one of the following events: (1) when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, (2) when the improvements are part of a larger public project to be financed or paid for in whole or in part by CITY or other public agency, (3) when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the property described in Section 1, or (4) when construction of the improvements are deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the improvements described in Section 2. In addition to this Agreement, OWNER'S obligation to share design and/or construction expenses may arise by application of the Reimbursement District Ordinance; Chapter 13.09, TMC, or any similar ordinance or law providing a process whereby such expenses are distributed among benefited properties. Section 5: OWNER agrees to sign any and all waivers, petitions, consents and all other documents necessary to obtain the above listed applicable improvements under any improvement act or proceeding of the State of Oregon, Washington County, or the CITY as may be proposed or adopted and to waive all right to remonstrate against the improvements listed in Section 2 above, submitted either alone or in conjunction with other improvements described in Section 4, as may be proposed. OWNER agrees that in lieu of any other document, CITY may treat this Agreement as a waiver of remonstrance on behalf of the property described in Section 1 against formation of such a Local Improvement District. OWNER covenants and agrees that the improvements described in Section 2 will specially benefit OWNER'S property as described in Section 1. Section 6: If CITY decides to form a Local Improvement District as a mechanism for the installation of improvements listed in Section 2, then OWNER shall retain the right to protest only the amount or the manner of spreading the assessment, but not the formation of such district. Section 7: CITY acknowledges that OWNER'S execution and performance of the terms of this Agreement constitutes compliance with the requirements of TMC Chapter 18.810. Section 8: OWNER agrees that if CITY causes the improvements listed in Section 2 to be constructed, or part of such improvements without regard to the source of funds for such project, but not as part of a Local Improvement District, then CITY will charge to OWNER and OWNER will promptly pay OWNER'S share of the cost of such improvements. OWNER'S share will be determined by CITY in a manner similar to spreading the cost of a public improvement to specially benefited properties. The parties intend OWNER to share in the cost of improvements even though actual construction is undertaken and performed by some third party, so long as the improvements, listed in Section 2, are included within the project. Restrictive Covenant(Future Street Improvements) Page 2 of 4 Re*Ion date: 1/1/01 • • • (1) Except as otherwise provided in subsection (2) of this section, prior to construction of such improvements under this section, OWNER shall be provided not less than six (6) months written notice by first class mail that the project will be built. The notice shall advise OWNER that OWNER will share in the cost of such improvements and provide OWNER with an estimate of the total project cost as well as an estimate of OWNER'S share of the costs. Failure to provide this "six month" notice in advance of construction shall not nullify OWNER'S obligation to pay, but shall only extend the payment due date by the amount of time less than six months that notice was given, but not more than six months. Upon completion of improvements pursuant to this Section, CITY shall provide written notice to OWNER of OWNER'S share of the actual cost of the improvements and OWNER shall pay OWNER'S share within sixty (60) days. If OWNER's share of the cost of the improvements is $10,000 or more, the owner may elect to pay the City in 10 equal annual installments, with the first installment due within 60 days of the notice. The installment option shall be available only if the OWNER provides written notice and the first payment within 60 days of the notice. If the installment option is chosen, the unpaid amounts shall bear interest at the then legal rate of interest. Interest on overdue payments shall bear interest at the rate of one and one-half(1 %%) per month from the date the payment is due until paid. (2) Where the improvements listed in Section 2 are constructed by a third party, who seeks reimbursement in accordance with the Reimbursement District Ordinance, Chapter 13.09, TMC, or a similar ordinance, then the terms and procedures of the ordinances shall apply in lieu of the provisions in subsection (1) of this section. Section 9: At any time prior to the events listed in Section 4, OWNER or OWNER's successors may pay to the CITY an amount determined by the CITY to be OWNER's share of the anticipated cost of the future improvements. Payment under this section shall discharge all of OWNER's obligations under this Agreement. City shall use the funds received under this section solely to pay for the costs of the improvements. Section 10: CITY and OWNER intend that all terms of this Agreement shall be covenants, conditions, and restrictions running with the title to the property covered by this Agreement, and shall be binding upon parties to this Agreement, their heirs, executors, assigns, administrators, and successors and shall be construed to be a benefit and a burden upon the property described in Section 1. The parties agree the CITY may, for purposes of recovering the cost of improvements described in Section 2, levy an assessment against the property, described in Section 1, and may enforce payment of such assessment in the manner provided in ORS Chapter 223 or the general laws of the State of Oregon. Section 11: Promptly after its execution by the parties, this Agreement shall be recorded in the records of Washington County to provide public notice and especially notice to future owners of property, described in Section 1 of the conditions, covenants and restrictions against the title to the property imposed by this Agreement. Section 12: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In addition to any other legal remedies, OWNER'S failure or refusal to comply with this Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties provided in the TMC may also be enforced. Restrictive Covenant(Future Street Improvements) Page 3 of 4 Revision dale:1/1/01 • • • • Section 13: If suit or action is instituted to enforce a right guaranteed in this agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorney's fee to be fixed by the trial and appellate courts respectively. Section 14: The parties agree that if any term of provision of this agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, so long as this agreement continues to reflect the intent of the parties. The parties shall negotiate an equitable adjustment of this agreement so that the purposes of this agreement are effected. • • OWNER(S): 7ignature Signature Theodore ‘14 . �X Name (Print or Type) Name (Pri •r Type) tL Title (Print or Type) itle (Print or Type) Acknowledgment of OWNER'S signature(s) must be notarized. Where the OWNER is a corporation, it has caused its name to be signed by resolution or official approval of its board of directors. STATE OF OREGON ) County of Ulailb On this _ __-, __ day r �� Q , 20(_,- before me a Notary Public, litopot-na - rOY personally appeared and acknowledged that the foregoing instrument to be their voluntary act and deed. Before me:' 1■1‘ka._ ■ Pa I _ Notary Publi f.r •regon ; ., OFFICIAL SEAL "471: PAMELA J LOW My commission expires: r. r �� NOTARY PUBLIGOREGON Y P COMMISSION NO.360461 MY COMMISSION EXPIRES OCTOBER 26.2006 Accepted on behalf of the City of Tigard this • 46" day of 1• 04Q1,-.b4-r , 20 a? Carl) e. City Engineer NO CHANGE IN TAX STATEMENT Restrictive Covenant(Future Street Improvements) Page 4 of 4 Revision date: 1/1/01 Fi ,Je1/4; , . , ; F.,_e,-siL.4.rz3----, , 4 1 11 ei (s? N NOTE - _ LEGEND PARTITION PLAT NO. SEE SHEET 2 FOR PLAT NOTES AND NARRATIVE (A) (P) : DESCRIPTIONS OF FOUND MONUMENTS • : MONUMENT FOUND AS SHOWN RECORDED AS DOCUMENT NO. 0 WITH UYELLOwEPLASTIC CAP 1INSCRIBE05/RAJ30s 278� R LAND PARTITION FOR THEODORE W. FOX ( 8)186.84') : RECORD MEASUREMENT A REPEAT OF A PORTION OF "SCHUYLEMAN'S PARK" IN THE PLAT OF "NORTH I81 : SURVEY RECORD REFERENCE TIGARDVILLE ADDITION", LOCATED IN THE SW 1/4 OF SECTION 2, T2S, R1 W, WM, "D1" DEED REFERENCE, WASHINGTON COUNTY DEED RECORDS CITY OF TIGARD, WASHINGTON COUNTY, OREGON S ,HIC SCALE PAUE : PRIVATE ACCESS AND U11LITY EASEMENT FOR BENEFIT OF PARCEL 2 JULY 25, 2001 --- 40' 20' 0' 40' - - : EASEMENT LINE FILE NAME: POOLE PARTITION • SCALE 1%40' MiiiiiTniiiiiii --4,- :40 LINE NOT TO SCALE . CASE FILE NO.: MLP2001-00003 `1- �.yod DESCRIPTIONS OF FOUND MONUMENTS N/,` q0 (A) FOUND 5/8' IRON REBAR 0.3' BELOW GROUND, SET IN "WINSOME TERRACE" AT THE (I) FOUND 5/8" IRON REBAR WITH YELLOW PLASTIC CAP INSCRIBED "BURTON ENGINEERING", NORTHEAST CORNER OF LOT 9, "WINSOME TERRACE", HELD AS A CHECK ON THIS SURVEY FLUSH, SET IN SN 24094, LOCATED S03'O8'53"E, 0.95' FROM TRUE CORNER \ Cad'` (B) FOUND 5/8' IRON REBAR 0.2' BELOW GROUND, SET IN SN 17186 (1977), HELD FOR (J) FOUND 3/4" IRON PIPE, FLUSH, ORIGIN UNKNOWN, HELD TO DETERMINE THE SOUTH *WINSOME TERRACE" C THE SOUTH UNE OF LOT 10 LINE OF THE LAND DESCRIBED IN DOCUMENT 2001072432 LOT 10 (C) FOUND 5/8" IRON REBAR 0.3' ABOVE GROUND, SET IN "WINSOME TERRACE" AT THE (K) FOUND 5/8" IRON REBAR 0.4' BELOW GROUND, SET IN SN 5167, LOCATED SO0'02'08"E, COL . SOUTHEAST CORNER OF LOT 10, "WINSOME TERRACE", HELD FOR THE SOUTH LINE OF LOT 0.44' FROM THE SOUTH LINE OF THE LAND DESCRIBED IN DOCUMENT NO. 2001072432 Co 10 SW GRAM (L) FOUND 3/4" IRON PIPE 0.9' BELOW GROUND, ORIGIN UNKNOWN, LOCATED N89'45'43"W, (D) FOUND 5/8" IRON REBAR, BENT, SURVEYED AT BEND 0.7' BELOW GROUND, SET IN SN 0.09' FROM TRUE CORNER, HELD NORTH-SOUTH TO DETERMINE THE SOUTH LINE OF THE O2' '50•00 \ 17186 (1977), LOCATED N89'43'3911%N89'43'3911% 0.65' FROM THE NORTHEAST CORNER OF THE LAND LAND DESCRIBED IN DOCUMENT NO. 2001072432 (A)HELD N10'3p'06"W► 27' DESCRIBED IN COCUMENT NO. 99112495 0.2126,45') (M) FOUND 3/4" IRON PIPE, FLUSH, ORIGIN UNKNOWN, HELD FOR THE NORTHWEST CORNER ,_.•. (E) FOUND 3/4" IRON PIPE 0.7' BELOW ASPHALT, SET IN "NORTH TIGARDVILLE ADDITION", OF THE LAND DESCRIBED IN DOCUMENT NO. 2001072432 .- S89'43'39"E 160.82' (12)160.87') -. (p) HELD FOR THE SOUTH LINE OF THE LAND DESCRIBED IN DOCUMENT NO. 99112495 AND -- (B)HELD 149.75' (12)149.80') (C)HELD p•04 THE NORTH UNE OF THE LAND DESCRIBED IN DOCUMENT NO. 2001072432 AND FOR BASIS (N) FOUND 5/8" IRON REBAR WITH YELLOW PLASTIC CAP INSCRIBED "GILBERTSON LS _� `� OF BEARING 2047", FLUSH, SET IN PARTITION PLAT NO. 1993-105 AS A 1.00-FOOT OFFSET TO THE a Zp•p\ NORTHWEST CORNER OF PARCEL 2, PARTITION PLAT NO. 1993-105, LOCATED S00'03'44"E, (F) FOUND 5/8" IRON REBAR WITH YELLOW PLASTIC CAP INSCRIBED "BURTON 1.00' FROM SAID CORNER, HELD AS A CHECK ON THIS SURVEY N ENGINEERING", FLUSH, SET IN SN 24094 (1991) AT THE NORTHEAST CORNER OF THE LAND DESCRIBED IN DOCUMENT NO. 94109023, HELD TO DETERMINE THE SOUTH UNE OF THE (0) FOUND 3-1/4" ALUMINUM DISK SET IN CONCRETE, INSCRIBED "WASHINGTON COUNTY LOT 8 ,, LAND DESCRIBED IN DOCUMENT NO. 2001072432 SURVEYOR, 1979, 2S1, 3, 2", 0.5' BELOW GROUND, SET IN USBT BOOK 2, PAGE 303, HELD u' - - ° -•~° `` AS CITY OF TIGARD GEODETIC CONTROL TIE a�•s`ay` (G) FOUND '5.P*;IRON REBAR,lN$I,DE -3/4" IRON :PIPE, 0.7' BELOW GROUND, SET IN "NORTH 1/4 COR SEC 2/3 ,' 'w. \ TIGARDVILLE `-�i. ° ' " �, °.r. T` CSR ER OF SCHUYLEMAN'S PARK, "NORTH (P) FOUND 2-1/2" BRASS DISK SET IN CONCRETE CURB, INSCRIBED "ORBITECH CONTROL LOT 9 GC_022-050 r o »'�_ r " DOCUMENT NO. 99112495 c,,�,, 0. TIGARDVi . ,. ,,-_.., '', 4, T! ;, POINT, GC_022-071, LS 2578, 1996 , FLUSH, SET IN GC-022, HELD AS CITY OF TIGARD (Q)HELD L-L t _. WFS R HT-OF-WAY LINE OF SW GRANT AVENUE w �'' c^ `is{; z:. , ; : GEODETIC CONTROL TIE 0 N6S•Q,,, TIGARDVILLE ADDITION" .u, ... (H) FOUND(64, _`:ice . TIC CAP INSCRIBED "DRINKWATER PLS t-) S?p LOT 32 c) 926 , 0.2' BELOW GROUND, SET IN SN 20662 (1984), HELD FOR THE SOUTHEAST CORNER `r�3�+ 31016 ' .0 OF PARTITION PLAT NO. 1993-105 c, (P)HELD JE DETAIL 2 SEE DETAIL 1 GC_.022-071 \' NORTH UNE OF SCHUYLEMAN'S PARK (0)HELD N ' 8Sc"9'49'41"E, 20 3.12' ("u1"209.3') G O022-050 DETAIL f° BASIS OF BEARING SN 20662 15.00' (E) HE ' (0) FOUND 3-1/4" (N) 181S89'49'41"E, 186..97' (18)186.84) PAUE ALUMINUM DISK SET IN CONCRETE, INSCRIBED S \ a N89'49'41"W, 63.46' INITIAL POINT 123.93' 57.50' 22.15' \� "WASHINGTON COUNTY W E NOT TO SCALE (1363.48') SEE DETAIL 2 \ a NOT TO SCALE / (M)HELD _ 5.54 r. SURVEYOR, 1979, 2S1, 3, 73 DOCUMENT NO. 2001072432 ' '.�� 2", 0.5' BELOW GROUND, 'y�'q /4 S DOCUMENT NO. 99112495 \� z z 5.00' - \t,‘-)3 > SET IN USBT BOOK 2, 0 SUR N62• P HELD 0 o RIGHT-OF-WAY ra tr v�„ 8 c3 DEDICATION �a \ r3 c^ PUBLISHED STATE PLANE a� F0 N s�Sp, GC_022-071 �� d c ci '�y \s.,.aw r v`‘.. COORDINATES NORTHING �a". OAS , 310 2-1/2" BRASS DISK SET IN NORTH TIGARDVILLE ADDITION" 'y2 L., a w PARCEL 1 "a,,• �c�,-'* 649670.2400, EASTING r, h' 1e' CONCRETE CURB INSCRIBED w ; PARCEL 2 " INCLUDING RIGHT-OF-WAY �'. \ c^- 'c� 7615539,8460, GRID p+ ' 31p "ORBITECH CURB, NORTH LINE OF SCHUYLEMAN'S PARK AREA: 11,643 SF In AREA: 10,107 SF In \•�,t v. FACTOR 0.99990461 s." 16' ORBITECH CONTROL POINT, PLAT NO. 1993`-10� '~ c�''�' 1-$ GC_O22-071, LS 2578, PAUE (E HELD PARTITION G a cA EXCLUDING RIGHT-OF-WAY .�' PARCEL 1 PARCEL 2 z t"' ° AREA: 7500 SF ° \ ‘...2.1 p �'>, ? 1996 , FLUSH, SET IN t u,SS9'49 41 E, 57.50 22.15' �G °o CO N •,a \ • j o GC-022, PUBLISHED STATE I o \ PLANE COORDINATES o N89 49 41 W 5.54 ° `'� \\ NORTHING 649528.7730, z 64.59' \ N -'CAI ~' ca 5.54' INITIAL POINT EASTING 7615815.8860, GRID o ,, \ 123.93' •I-�(J)HEt.D 1 Q1.87' --.. \ FACTOR 0.99990464 d '\� \ (K) 53.86' 1 �� 22.16' (M)HELD N 'A�(L0.07' (1570.00') •. 69.89' t1570.00') .-'•a(I) 91.47' (15191.50') (F)HELD `W° 52 ,�6 6 \ / PARCEL 2 PARCEL 1 \ _.. � N89 4S 43 W, 253.60 ( D1 253.7) �("� ` Op 5.00' \ ,-' \(.O• t RIGHT-OF-WAY \ z REMAINDER OF `ZO d WASH l N ETON COUNTY DEDICATION 0 d "SCHUYLEMAN'S PARK" IN ca DEED RECORDS 0(.,4 NORTH TIGARDVILLE ADDITION N-3 ,,5 "D1" BOOK 218, PAGE 461 (1943) 0 --..fir, "D2" BOOK 295, PAGE 337 (1949) h °a) N 'w,,4' "D3" DOCUMENT NO. 92092279 ry SW++ N in a) c` c^ \ "D4" DOCUMENT NO. 94109023 PARCEL 1 N.),, o to 7;t: "D5" DOCUMENT NO. 97045588 PARTITION PLAT NO. 1992-092:Z o c�' o . .,' ��Z, "D6" DOCUMENT NO. 99112495 REGISTERED .. z �a.,.0 "D7" DOCUMENT NO. 99131852 "/ "D8" DOCUMENT NO. 99131853.1 PROFESSIONAL I-° t-- z w 7 1, "D9" DOCUMENT NO. 99131854 LAND SURVEYOR 2 2 2 ...\ "D10" DOCUMENT NO. 99131855 D v \ ,L. D11 DOCUMENT NO. 99131856.1 ....007164"-aLt. 6104401 0 § 0 "D12 " DOCUMENT NO. 2001004705 OREGON ° 2GC� "D14" DOCUMENT NO. 2001072433 JULY 25, 1995 D14" DOCUMENT NO. 20010724 ROBERT ALAN JOHNSON _ HELD • S89'35'40"W, 293.10' (G)HELD , 2725 (H)HELD 8 x89'37'18"w, 15)293.33') ( ) WASHINGTON COUNTY PLAT EXPIRES 6/30/03 SOUTH LINE OF (1 SCHUYLEMAN'S PARK AND SURVEY RECORDS 111 "NORTH TIGARDVILLE ADDITION" (1906) 12) "WINSOME TERRACE" (1979) �/ �/ �/ LAND p/��-y �+ 3 PARTITION PLAT NO. 1993-105 ��01-NSD/Y L!'INU SU/T i'C/INGs SW PARK ST. (COUNTY ROAD NO. 1320, RIGHT-OF-WAY WIDTH VARIES) 141 SN 3738 (1939) 15) SN 5167 (1954) 10185 SW Hoodview Dr, Tigard, OR 97224 161 SN 15470 (1975) (503) 639-7919, fax (503) 670-9050, jsurvey©gte.net 171 SN 17186 (1977) €8} SN 20662 (1984) 19) SN 24094 (1991) SHEET 1 OF 2 APPROVALS DECLARATION PARTITION PLAT NO. APPROVED THIS ' DAY OF D=w► ( 2002 KNOW ALL PEOPLE BY THESE PRESENTS THAT THEODORE W. FOX, THE FEE RECORDED OWNER OF THE LAND REPRESENTED. ON THE ATTACHED MAP AND MORE AS DOCUMENT NO, PARTICULARLY DESCRIBED IN THE SURVEYOR'S CERTIFICATE, STATES THAT BY: 80.1....4.13 P a CAUSED SAID LAND TO BE SURVEYED AND PARTITIONED INTO PARCELS LAND PARTITION FOR THEODORE W. FOX CIT OF TIGARD ENGINEER IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER NO. 92 OF THE A REPEAT OF A PORTION OF "SCHUYLEMAN'S PARK" IN THE PLAT OF "NORTH OREGON REVISED STATUTES, AND DOES HEREBY DEDICATE TO THE PUBLIC 1/4 OF SECTION 2, T2S, R1 W, WM,TIGARDVILLE ADDITION", LOCATED IN THE SW 1 FOREVER THE ADDITIONAL RIGHT—OF—WAY AS SHOWN. EASEMENTS ARE / HEREBY GRANTED AS SHOWN OR NOTED HEREON. CITY OF TIGARD, WASHINGTON COUNTY, OREGON JULY 25, 2001 14/ FILE NAME: POOLE PARTITION APPROVED THIS DAY OF 2002 CASE FILE NO.: MLP2001-00003 THEODORE . FOX BY: WASHINGTON COUNTY SURVEYOR ACKNOWLEDGMENT STATE OF O re Nvs,, SS SURVEYOR'S CERTIFICATE ALL TAXES, FEES, ASSESSMENTS, COUNTY OFWeA0.1.,1i•1 I, ROBERT ALAN JOHNSON, HEREBY CERTIFY THAT I HAVE CORRECTLY SURVEYED AND OR OTHER CHARGES AS PROVIDED MARKED WITH PROPER MONUMENTS, IN ACCORDANCE WITH OREGON REVISED STATUTES, THE BY O.R.S. 92.095 HAVE BEEN PAID ON THIS 4rkDAY OF Nok,j bfe' , 2002, BEFORE ME, A NOTARY PUBLIC LAND REPRESENTED ON THIS PLAT AND DESCRIBED BELOW. IN AND FOR SAID STATE AND COUNTY, PERSONALLY APPEARED THEODORE AS OF , 2002 W. FOX, WHO UPON BEING DULY SWORN, DID HEREBY ACKNOWLEDGE THAT A TRACT OF LAND LOCATED IN THE SW 1/4 OF SECTION 2, T2S, R1W, WM, IN THE CITY OF DIRECTOR, HE SIGNED THE ABOVE INSTRUMENT FREELY AND VOLUNTARILY. TIGARD, WASHINGTON COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: DIVISION OF ASSESSMENT & TAXATION, BEGINNING AT THE INITIAL POINT, A 3/4" IRON PIPE AT THE NORTHEAST CORNER OF WASHINGTON COUNTY, OREGON PARCEL 2, PARTITION PLAT NO. 1993-105, SAID POINT BEING ON THE NORTH LINE OF BY 10 ► C_ SCHUYLEMAN'S PARK, "NORTH TIGARDVILLE ADDITION"; THENCE S89'49'41"E ON THE SOUTH '" 4.. LINE OF THE LAND DESCRIBED IN DOCUMENT NO. 99112495 AND THE NORTH LINE OF ,. OFFICIAL SEAL: DEPUTY NOTARY PUBLIC " _ NOc8r1NG SCHUYLEMAN'S PARK, 209.12 FEET TO A POINT ON THE CENTERLINE OF SW GRANT AVENUE „.. u TAW PUi3L1C-ORE i ` FROM WHICH A 3/4" IRON PIPE IS N89'49'41"W. 22.15 FEET; THENCE S2517'13'E ON SAID �.a C I XC�N_4AY2 ,233 CENTERLINE, 104.30 FEET TO THE SOUTHEAST CORNER OF THE LAND�x��+� 0�.�.xp�.��:�Y�,.za� - AN DESCRIBED IN BOOK 218, PAGE 461 (1943), FROM WHICH A 5/8" IRON REBAR IS N89'45'43"W, 22.16 FEET; THENCE N89'45'43"W ON THE SOUTH LINE OF THE LAND DESCRIBED IN BOOK 218, PAGE 461 (1943) AND THE NORTH LINES OF THE LANDS DESCRIBED IN DOCUMENT NUMBERS NOTES 94109023, 97045588, AND 92092279, 253.60 FEET TO THE EAST LINE OF PARCEL 2, N S PARTITION PLAT NO. 1993-105 FROM WHICH A 3/4" IRON PIPE IS S89'45'43"W, 0.09 FEET; STATE OF OREGON 1. THIS PLAT IS SUBJECT TO THE CONDITIONS OF APPROVAL OF CITY OF THENCE N00°02'39"W ON THE EAST LINE OF PARCEL 2, PARTITION PLAT NO. 1993-105, SS TIGARD FILE MLP 2001-00003. 93.88 FEET TO THE INITIAL POINT. THE ABOVE DESCRIBED LAND CONTAINS 21,750 SQUARE COUNTY OF WASHINGTON FEET, MORE OR LESS. 2. THERE SHALL BE AN ACCESS AND UTILITY EASEMENT OVER THE I DO HEREBY CERTIFY THAT THIS PARTITION PLAT WAS NORTHERLY 15.00 FEET OF PARCEL 1 FOR THE BENEFIT OF PARCEL 2, AS RECEIVED FOR RECORD ON THIS ._.DAY OF SHOWN ON THE ATTACHED MAP. THE OWNER(S) OF PARCELS 1 AND 2 2002, AT O'CLOCK_M, AND RECORDED IN SHALL JOINTLY AND EQUALLY MAINTAIN ANY AND ALL IMPROVEMENTS THE COUNTY CLERK RECORDS. MADE ON SAID EASEMENT. 3. A RESTRICTIVE COVENANT FOR FUTURE STREET IMPROVEMENTS HAS BY DEPUTY COUNTY CLERK BEEN RECORDED AS DOCUMENT NO NARRA11VE STATE OF OREGON SS THE PURPOSE OF THIS SURVEY IS TO PARTITION THE LAND DESCRIBED IN DOCUMENT COUNTY OF WASHINGTON NO. 2001072432, WASHINGTON COUNTY DEED RECORDS. I DO HEREBY CERTIFY THAT THIS TRACING IS A COPY, CERTIFIED TO ME BY THE SURVEYOR OF THIS PARTITION BEARINGS ARE BASED ON HELD FOUND MONUMENTS (M) AND (E), BOTH 3/4" IRON PLAT, TO BE A TRUE AND EXACT COPY OF THE ORIGINAL, PIPES. THE RECORD BEARING BETWEEN SAID POINTS PER SN 20662 IS S89'49'41"E. AND THAT IT WAS RECORDED ON THE DAY OF 2002, AT O'CLOCK_M, IN THE COUNTY CLERK RECORDS. THE BOUNDARY CORNERS OF THE LAND DESCRIBED IN DOCUMENT NO. 2001072432 ARE ESTABLISHED FOLLOWING THE DETERMINATION OF THE CENTERLINE OF SW GRANT REGISTERED AVENUE. SAID CENTERLINE IS DETERMINED BY OFFSETTING THE WEST RIGHT—OF—WAY PROFESSIONAL BY LINE OF SW GRANT AVENUE 20.00 FEET EASTERLY. SAID WEST RIGHT—OF—WAY LINE LAND SURVEYOR IS DETERMINED BY HELD FOUND MONUMENTS (G), A 5/8�� IRON REBAR INSIDE A 3/4" DEPUTY COUNTY CLERK IRON PIPE, (F), A 5/8" IRON REBAR, AND (E), AND THE EASTERLY EXTENSION OF THE LINE CONTROLLED BY HELD FOUND MONUMENTS (B) AND (C), BOTH 5/8" IRON OREGON REBAR, RECORD DISTANCE PER "WINSOME TERRACE" FROM HELD FOUND MONUMENT JULY 25, 1995 (C). - ROBERT ALAN JOHNSON , 27 5 THE BOUNDARY CORNERS OF THE LAND DESCRIBED IN DOCUMENT NO. 2001072432 EXPIRES 6/30/03 ARE ESTABLISHED AS FOLLOWS: THE NORTHWEST CORNER IS ESTABLISHED BY HELD FOUND MONUMENT (M). THE NORTHEAST CORNER IS ESTABLISHED BY THE INTERSECTION OF THE CENTERLINE OF SW GRANT AVENUE AND THE LINE CONTROLLED BY HELD FOUND MONUMENTS (M) AND (E). THE SOUTHEAST CORNER IS ESTABLISHED CONSENT AFFIDAVIT BY THE INTERSECTION OF THE CENTERLINE OF SW GRANT AVENUE AND THE LINE • ;o/7�NSON L4ND SUr' ' , . �'.�T/N A CONSENT AFFIDAVIT FROM OPTION ONE MORTGAGE CONTROLLED BY HELD FOUND MONUMENTS (L), A 3/4" IRON PIPE, (J), A 3/4" IRON 10185 SW Hoodview Dr, Tigard, OR 97224 CORPORATION, TRUST DEED BENEFICIARY, HAS BEEN PIPE, AND (F). THE SOUTHWEST CORNER IS ESTABLISHED BY THE INTERSECTION OF 503 639-7919, fax (503) 670-9050 THE LINE CONTROLLED BY SAID HELD FOUND MONUMENTS (L), (J), AND F , AND THE t ) { ) jsurveyc�gte.net RECORDED IN DOCUMENT NO. WASHINGTON { ) { ) { ) COUNTY DEED RECORDS. LINE CONTROLLED BY HELD FOUND MONUMENTS (M) AND (H), A 5/8" IRON REBAR. SHEET 2 OF 2 .. �� • Conditions Associated With • 3/3/03 9:20:04AM TIDEMARK Case #: MLP2001-00003 COMPUTER SYSTEMS. INC. !Condition Status Updated Code Title Hold Status Changed By Tag Date By 1 TREES None Met MS 2/24/03 MAS I. Submit evidence that no trees over 12 inches in diameter will be removed and indicate which tree will be saved along with it's size. If the tree to be saved is over 12 inches in diameter,then protection measures prepared by a certified arborist will need to be submitted. 1 ADDRESSING FEE None Met 11/14/01 KJP 11/14/01 KJP 4. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of$30.00. (STAFF CONTACT: Kit Church,Engineering). 1 ROW DEDICATION GRANT AVE. None Met 8/27/01 BDR 8/27/01 BDR 5. The final plat shall show a right-of-way dedication for SW Grant Avenue,to provide 25 feet from the centerline. 1 STREET IMPROVEMENT AGRMT. None Met 10/25/01 BDR 10/25/01 BDR 6. The applicant shall enter into a Street Improvement Agreement with the City whereby they agree to complete or participate in the future improvements of SW Grant Avenue adjacent to the subject property,when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District,B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s)of property in addition to the subject property,or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. 1 OVERHEAD UTILITY LINES None Met 11/14/01 KJP 11/14/01 KJP 7. The applicant shall either place the existing overhead utility lines along SW Grant Avenue underground as a part of this project,or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be$27.50 per lineal foot. If the fee option is chosen,the amount will be $2,860.00 and it shall be paid prior to approval of the final plat. 1 STATE PLANE COORDINATES None Met 8/28/01 BDR 8/28/01 BDR 8. 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. 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: 1. GPS tie networked to the City's GPS survey, 2. By random traverse using conventional surveying methods. 1 FINAL PLAT APPLICATION SUBMISSION None Met 8/28/01 BDR 8/28/01 BDR 9. 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. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes(ORS 92.05), Washington County,and by the City of Tigard. C. The right-of-way dedication for SW Grant Avenue shall be made on the final plat. D. NOTE: Washington County will not begin their review of the final plat until they receive a letter from the City Engineering Department indicating: 1) that the City has reviewed the final plat and submitted comments to the applicant's surveyor, and 2) that the applicant has either completed any public improvements associated with the project,or has at least obtained the necessary public improvement permit from the City to complete the work. E. Once the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer's signature. 1 MYLAR COPY OF FINAL PLAT None Met 2/18/03 BDR 2/18/03 BDR 10. Prior to issuance of building permits,the applicant shall provide the Engineering Department with a mylar copy of the recorded final plat. 1 WATER QUALITY FEE None NOT MET BR 8/2/01 ST 11. Prior to issuance of the building permit for the new parcel,the applicant shall pay the standard warer quality fee per lot(fee amount will be the latest approved by USA). 3 STREET OPENING PERMIT/P-IMP PLANS None Met 8/27/01 BDR 8/27/01 BDR 2. A Street Opening Permit will be required for this project to cover the sanitary sewer tap,dirveway construction,and any other work in the public right-of-way(ROW). The applicant will need to submit five(5)copies of a proposed public improvement plan for review and approval. NOTE: These plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. Page 1 of 2 CaseConditions..rpt L- 123..93 + 'Clc' '' A 1R' ��/ i <4 284.0. C§) :5F�- 44�, . °° .eP �s �°e s/ o N <`‘�� ' p /fj Wl�,te / _ �c< ,r dog wood '9 ,, • z `h` , T .6. 991 ori, t ay, GSe.fy 0 PHILIP AND .DA.RLENE POOLE 1315`1 "". W1 GRANT APE. `TJJARD • • • _ - . • JN11:133NIJRI DNINNVid OEIVO1 I -an A110 • III Wash on County,Oregon 2002.135709 1111211:09:08 AM O-RIB .. t=1 Stn=6 JGREGORY $25.00511.00 •Total=538.00 00199591200201357090050054 I,Jerry Hanson,Director of Assessment and Taxation _ • , and Ex-Officio County Clerk for Washington County, �ate., do hereby certify that the within Instrument of vatting t. w ;_ '}:� was received and recorded In the balk of records of .u,� , .� said county. 11{F_',Astrv` 1 .°••, Jerry R.Hanson,Director ment and Taxation, • Ex• Mclo County Clerk • 1 11 UN 111 1 11111 • ), 5 2002-135709 %` After recording, return to: i City of Tigard-Records Division 13125 SW Hall Blvd. Tigard, OR 97223 1 tel RESTRICTIVE COVENANT, (FUTURE STREET IMPROVEMENTS) THIS AGREEMENT is entered into this 28 day of 04-1-o6.- .vL , 2002, by the City of Tigard, a Municipal Corporation of Washington County, Oregon, ("CITY"), and Theodore W. Fox, ("OWNER"). RECITALS WHEREAS OWNER is the Owner of record of Property covered by this Agreement as shown in Section 1 below, and WHEREAS OWNER has received approval of a development on the Property from the CITY, as set forth in MLP 2001-00003 dated June 6, 2001, and WHEREAS Chapter 18.810 of the TMC (Tigard Municipal Code) contains certain conditions applicable to street improvements, and issuance of permits is conditioned on OWNER'S compliance with the TMC, and WHEREAS OWNER wishes to mitigate the impacts of the proposed development, and WHEREAS parties wish to fulfill the requirements of Chapter 18.810. IN CONSIDERATION of the mutual promises, covenants and undertakings, and the issuance of a building permit in advance of OWNER constructing improvements required by the TMC, the parties agree as follows: Section 1: The real property subject to this Agreement is described as follows: Parcels 1 and 2 of Partition Plat No. 2002-086 , recorded as Document No. 2002135708 , Washington County, Oregon. OWNER agrees that the terms of this Agreement shall bind the OWNER as well as its heirs, successors in interest or assigns. Section 2: The improvements covered by this Agreement are as follows: SW Grant Avenue Half street improvement adjacent to the frontage of the real property described in Section 1. Restrictive Covenant(Future Street Improvements) Page 1 of 4 Revision date: 1/1/01 I II 11111111 11 1 11111 • 2002-135709 Section 3: This Agreement shall be in full force and effect from the date of its execution until the improvements referred to in Section 2 are constructed in accordance with CITY standards in effect at the time of construction. Section 4: CITY agrees that the improvements listed in Section 2 will only be required as a result of any one of the following events: (1) when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, (2) when the improvements are part of a larger public project to be financed or paid for in whole or in part by CITY or other public agency, (3) when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the property described in Section 1, or (4) when construction of the improvements are deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the improvements described in Section 2. In addition to this Agreement, OWNER'S obligation to share design and/or construction expenses may arise by application of the Reimbursement District Ordinance; Chapter 13.09, TMC, or any similar ordinance or law providing a process whereby such expenses are distributed among benefited properties. Section 5: OWNER agrees to sign any and all waivers, petitions, consents and all other documents necessary to obtain the above listed applicable improvements under any improvement act or proceeding of the State of Oregon, Washington County, or the CITY as may be proposed or adopted and to waive all right to remonstrate against the improvements listed in Section 2 above, submitted either alone or in conjunction with other improvements described in Section 4, as may be proposed. OWNER agrees that in lieu of any other document, CITY may treat this Agreement as a waiver of remonstrance on behalf of the property described in Section 1 against formation of such a Local Improvement District. OWNER covenants and agrees that the improvements described in Section 2 will specially benefit OWNER'S property as described in Section 1. Section 6: If CITY decides to form a Local Improvement District as a mechanism for the installation of improvements listed in Section 2, then OWNER shall retain the right to protest only the amount or the manner of spreading the assessment, but not the formation of such district. Section 7: CITY acknowledges that OWNER'S execution and performance of the terms of this Agreement constitutes compliance with the requirements of TMC Chapter 18.810. Section 8: OWNER agrees that if CITY causes the improvements listed in Section 2 to be constructed, or part of such improvements without regard to the source of funds for such project, but not as part of a Local Improvement District, then CITY will charge to OWNER and OWNER will promptly pay OWNER'S share of the cost of such improvements. OWNER'S share will be determined by CITY in a manner similar to spreading the cost of a public improvement to specially benefited properties. The parties intend OWNER to share in the cost of improvements even though actual construction is undertaken and performed by some third party, so long as the improvements, listed in Section 2, are included within the project. Restrictive Covenant(Future Street Improvements) Page 2 of 4 Revision date: 1/1/01 • • 2002-135709 (1) Except as otherwise provided in subsection (2) of this section, prior to construction of such improvements under this section, OWNER shall be provided not less than six (6) months written notice by first class mail that the project will be built. The notice shall advise OWNER that OWNER will share in the cost of such improvements and provide OWNER with an estimate of the total project cost as well as an estimate of OWNER'S share of the costs. Failure to provide this "six month" notice in advance of construction shall not nullify OWNER'S obligation to pay, but shall only extend the payment due date by the amount of time less than six months that notice was given, but not more than six months. Upon completion of improvements pursuant to this Section, CITY shall provide written notice to OWNER of OWNER'S share of the actual cost of the improvements and OWNER shall pay OWNER'S share within sixty (60) days. If OWNER's share of the cost of the improvements is $10,000 or more, the owner may elect to pay the City in 10 equal annual installments, with the first installment due within 60 days of the notice. The installment option shall be available only if the OWNER provides written notice and the first payment within 60 days of the notice. If the installment option is chosen, the unpaid amounts shall bear interest at the then legal rate of interest. Interest on overdue payments shall bear interest at the rate of one and one-half(1 %%) per month from the date the payment is due until paid. (2) Where the improvements listed in Section 2 are constructed by a third party, who seeks reimbursement in accordance with the Reimbursement District Ordinance, Chapter 13.09, TMC, or a similar ordinance, then the terms and procedures of the ordinances shall apply in lieu of the provisions in subsection (1) of this section. Section 9: At any time prior to the events listed in Section 4, OWNER or OWNER's successors may pay to the CITY an amount determined by the CITY to be OWNER's share of the anticipated cost of the future improvements. Payment under this section shall discharge all of OWNER's obligations under this Agreement. City shall use the funds received under this section solely to pay for the costs of the improvements. Section 10: CITY and OWNER intend that all terms of this Agreement shall be covenants, conditions, and restrictions running with the title to the property covered by this Agreement, and shall be binding upon parties to this Agreement, their heirs, executors, assigns, administrators, and successors and shall be construed to be a benefit and a burden upon the property described in Section 1. The parties agree the CITY may, for purposes of recovering the cost of improvements described in Section 2, levy an assessment against the property, described in Section 1, and may enforce payment of such assessment in the manner provided in ORS Chapter 223 or the general laws of the State of Oregon. Section 11: Promptly after its execution by the parties, this Agreement shall be recorded in the records of Washington County to provide public notice and especially notice to future owners of property, described in Section 1 of the conditions, covenants and restrictions against the title to the property imposed by this Agreement. Section 12: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In addition to any other legal remedies, OWNER'S failure or refusal to comply with this Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties provided in the TMC may also be enforced. Restrictive Covenant(Future Street Improvements) Page 3 of 4 Revision date: 1/1/01 • 110 lin 2002-135709 Section 13: If suit or action is instituted to enforce a right guaranteed in this agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorney's fee to be fixed by the trial and appellate courts respectively. Section 14: The parties agree that if any term of provision of this agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, so long as this agreement continues to reflect the intent of the parties. The parties shall negotiate an equitable adjustment of this agreement so that the purposes of this agreement are effected. OWNER(S): 7Ignature Signature ; I irle0C Ofe V4 . Mx Name (Print or Type) Name (Pri .r Type) Oct Title (Print or Type) itle (Print or Type) Acknowledgment of OWNER'S signature(s) must be notarized. Where the OWNER is a corporation, it has caused its name to be signed by resolution or official approval of its board of directors. STATE OF REGON i ) County of On this rA 0 , day ( !C`` )t)- Qr , 2O \€ )_,_ before me a Notary Public, f note Yip personally appeared and acknowledged that the foregoing instrument to be their voluntary act and deed. Before me: L ► -/A, IA Notary Publi f.r •regon �., OFFICIAL SEAL ;= PAMELA J LOW My commission ex ices: r. r � ",; NOTARY PUBLIC-OREGON y p COMMISSION NO.360481 MY COMMISSION EXPIRES OCTOBER 26.2006 Accepted on behalf of the City of Tigard this 461' day of 11/41ahiQrhi-•' , 20 0? (.1T-OZ--) e City Engineer NO CHANGE IN TAX STATEMENT doament2 Restrictive Covenant(Future Street Improvements) Page 4 of 4 Revision dale: 1/1/01 • • • NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2001-00003 !!' CITY OF TIGARD POOLE PARTITION CommunityDeve[opment Shaping Better Community 120 DAYS =08/28/2001 SECTION I. APPLICATION SUMMARY FILE NAME: POOLE PARTITION CASE NO: Minor Land Partition (MLP) MLP2001-00003 PROPOSAL: The applicant is requesting a Minor Land Partition to partition the existing 21,784.15 square foot lot into 2 parcels consisting of 7,600 and 12,924.15 square feet respectively. The remaining 1,260 square footage will be used for the access easement. The existing dwelling is to remain. APPLICANT: Philip and Darlene Poole P.O. Box 280 Tualatin, OR 97062 OWNER: Same. ZONING DESIGNATION: 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. LOCATION: 13155 SW Grant Avenue; WCTM 2S102CB, Tax Lot 1300. PROPOSED PARCEL 1: 7,600 Square Feet. PROPOSED PARCEL 2: 12,924.15 Square Feet. APPLICABLE REVIEW CRITERIA: . Community Development Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Land Partitions); 18.510 (Residential Zoning Districts); .18.705 (Access Egress and Circulation); 18.715 (Density Computations); 18.725 (Environmental Performance Standards)18.745 (Landscaping and Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); 18.810 (Street and Utility Improvement Standards). SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions. The findings and 'conclusions on which the decision is based are noted in Section V. NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 1 OF 12 • • CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Submit the following to the Planning Department (Mathew Scheidegger 639-4171 x317) for review and approval: 1. Submit evidence that no trees over 12 inches in diameter will be removed, and indicate which tree will be saved along with it's size. If the tree to be saved is over 12 inches in diameter, then protection measures prepared by a certified arborist will need to be submitted. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 2. A Street Opening Permit will be required for this project to cover the new sanitary sewer tap, driveway construction, and any other work in the public right-of-way. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. 3. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the exact legal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 4. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of $30.00. (STAFF CONTACT: Kit Church, Engineering). 5. The final plat shall show a right-of-way dedication for SW Grant Avenue, to provide 25 feet from the centerline. 6. The applicant shall enter into a Street Improvement Agreement with the City whereby they agree to complete or participate in the future improvements of SW Grant Avenue adjacent to the subject property, when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the subject property, or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. 7. The applicant shall either place the existing overhead utility lines along SW Grant Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 27.50 per lineal foot. If the fee option is chosen, the amount will be $ 2,860.00 and it shall be paid prior to approval of the final plat. 8. 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. 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_DECISION_ _ _ _ _MLP2001-00003/POOLE PARTITION___ _ _ PAGE 2 OF 12 • • • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. • 9. 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. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. C. The right-of-way dedication for SW Grant Avenue shall be made on the final plat. D. NOTE: Washington County will not begin their review of the final plat until they receive a letter from the City Engineering Department indicating: 1) that the City has reviewed the final plat and submitted comments to the applicant's surveyor, and 2) that the applicant has either completed any public improvements associated with the project, or has at least obtained the necessary public improvement permit from the City to complete the work. E. Once the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer's signature. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 10. Prior to issuance of building permits, the applicant shall provide the Engineering Department with •a mylar copy of the recorded final plat. 11. Prior to issuance of the building permit for the new parcel, the applicant shall pay the standard water quality fee per lot (fee amount will be the latest approved by USA). THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Property History: The subject parcel is located within the City of Tigard. The property is designated Low Density Residential on the Tigard Comprehensive Plan Map. A record search indicates no other land-use approvals were found to be on file. Site Information and Proposal Descriptions The subject property is approximately 21,784.15 square feet. The site has approximately 104.2 feet of frontage on SW Grant Avenue. The owner is proposing a two-parcel artition as indicated on the proposed partition plat. Parcel #1 (7,600 square feet) Parcel #2 (12,924.15 square feet). A residential structure exists on Parcel #1, which is proposed to remain. SECTION IV. PUBLIC COMMENTS The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. No comments were received. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS Land Partitions (18.420): The proposed partition complies with all statutory and ordinance requirements and regulations; NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 3 OF 12 • • The proposed partition will comply with all statutory and ordinance requirements and regulations at the time of proposed development as demonstrated both by the analysis presented within this administrative decision and by this application and review process through compliance with the conditions of approval. Therefore, this criterion is met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Based on the analysis provided herein, Staff finds that adequate public facilities are available to serve the proposal. Therefore, this criterion is met. All proposed improvements meet City and applicable agency standards; and The public facilities and proposed improvements are discussed and conditioned later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part of the permit process and during construction, at which time the appropriate review authority will insure that City and applicable agency standards are met. Based on the analysis in this decision, Staff finds that this criterion is met. All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The minimum lot width required for the R-4.5 zoning district is 50 feet. The smallest of the lots has a minimum width of 79.1 feet. Therefore, this standard has been met. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area. The minimum lot area requirement in the R-4.5 zoning district is 7,500 square feet. The proposed partition creates two (2) lots that are 7,600 and 12,924.15 square feet respectively. The remaining 1,260 square footage will be used for the access easement. Therefore, this criterion has been satisfied. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. The proposed partition plat demonstrates that each lot will have frontage onto a public right-of-way. Parcel #1 has 89 feet of frontage onto SW Grant Avenue. Parcel #2 has a 15-foot-wide access easement which connects to SW Grant Avenue. Setbacks shall be as required by the applicable zoning district. No development is proposed with this application. The existing dwelling on Parcel #1 will not be in violation of applicable setbacks. Therefore, this standard has been satisfied. When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. The applicant has proposed that the front yard of the flag lot (Parcel 2) will be oriented toward the northwest property line with minimum 10-foot side yard setbacks. Therefore, this standard has been satisfied. • A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The applicant proposes to screen the access drive to Parcel 2 with a 6-foot cedar fence, which will satisfy the requirement. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 4 OF 12 • • Fire district regulations are reviewed at time of development. This criterion shall be addressed at that time. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. No common drive is associated with this application. The applicant will use the existing driveway for Parcel #1 and construct a 15-foot paved drive back to Parcel #2. Therefore, this standard does not apply. Any accessway shall comply with the standards set forth in Chapter 18.705, Access, Egress and Circulation. This standard is addressed under 18.705 later in this decision. Where landfill and/or development is allowed within or adjacent to the one-hundred year floodplain, the city shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The partitioned lot is not adjacent to a one-hundred-year floodplain. Therefore, this standard does not apply. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition and variance(s)/adjustment(s)will be processed concurrently. No variances or adjustments have been submitted with this application. Therefore, this standard does not apply. FINDING: Based on the analysis above, staff finds that the Minor Land Partition Standards have been met. Residential Zoning Districts (18.510): Development standards in residential zoning districts are contained in Table 18.510.2 below: TABLE 18.510.2 - (Cont'd.) DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-4.5 Minimum Lot Size -Detached unit 7,500 sq.ft. -Duplexes 10,000 sq.ft. -Attached unit[1] Average Minimum Lot Width -Detached unit lots 50 ft. -Duplex lots 90 ft. • -Attached unit lots 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 30 ft. Minimum Landscape Requirement - NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 5 OF 12 • • • [1]Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. [2]Lot coverage includes all buildings and impervious surfaces. ' Multiple-family dwelling unit ** Single-family dwelling unit A minimum lot size of 7,500 square feet is required for each lot. The proposed lot sizes of 7,600 and 12,924.15 square feet meet this standard. Parcel #1 is developed with an existing single-family structure that is approximately 25 feet from the front property line. The side yard setbacks are approximately 12.5 feet from the east property line and 5 feet from the west property line. The rear yard setback will equal 37.5 feet, which meets the setback standards of the R-4.5 zoning district. Setback standards, including the 10-foot side yard setbacks required by 18.740.050.4.A. will apply to all future development of the proposed lot. FINDING: Based on the analysis above, the Residential Zoning District Standards have been met. Access, Egress and Circulation (18.705): Access, Egress and Circulation is partially addressed under Chapter 18.420 in this decision. In addition, the following provisions are applicable. 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 joint use; and copies of the deeds, easements, leases or contracts are placed on permanent file with the City. Joint access is not a part of this application. Parcel #1 has a pre-existing access and the adjacent parcel to the east takes access on the eastern portion of its parcel. Therefore, this criterion does not apply. 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 approve by the City for public use and shall be maintained at the required standards on a continuous basis. Both parcels will have access onto SW Grant Avenue, which is considered a public residential street. Therefore, this standard has been met. 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. 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. 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. According to Engineering Staff, additional traffic at this location and the expansion of the existing access will not create or increase a hazardous condition. Therefore, this standard has•been satisfied. Minimum access requirements for residential use. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code. This standard will be address under the "Agency Comments" section of this decision. FINDING: Based on the analysis above, Staff finds the Access, Egress and Circulation Standards have been met. NOTICE OF DECISION _._ ____ MLP2001_0.0003/POOLE_PARTITION ___._ _ PAGE 6_0F_12 • • Density Computations (18.715): A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed: 1. All sensitive land areas: a. Land within the 100-year floodplain; b. Land or slopes exceeding 25%; c. Drainage ways; and d. Wetlands. 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: a. Single-family development: allocate 20% of gross acreage; b. Multi-family development: allocate 15% of gross acreage. 4. All land proposed for private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. C. Calculating minimum numberr of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0.8). The standards for Density computation deal with the intensity of residential land uses, usually stated as the number of housing units per acre. The total square footage of the subject property. is 21,784.15 square feet. However, the square footage of Parcel #1 (7,600 square feet) is subtracted from the calculation because it has a pre-existing single-family dwelling. Other subtracted square footage is 1,260 square feet for the proposed access to Parcel #2, and 521 square feet for additional right-of-way needed to bring SW Grant Street up to City standards. Therefore, density is calculated from a total square footage of 12,403.15 square feet. Minimum lot size for the R-4.5 zone is 7,500 square feet, which requires the minimum and maximum allowable density to be no more than 1 unit. FINDING: Based on the analysis above, the Density Computation Standards have been met. Tree Removal (18.790): A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot„ parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. The applicant has not indicated that any trees will be removed. However, the site plan shows 11 trees on the proposed lot. Therefore, the applicant must provide tree sizes and evidence that no trees over 12 inches in diameter will be removed. The applicant s narrative indicates that the tree shown on the map will be saved. Staff can not determine which tree the applicant is referring to. FINDING: Based on the analysis above, the Tree Removal Standards have not been met. Staff finds it is possible for the standards to be met if the condition listed below is satisfied: CONDITION: Submit evidence that no trees over 12 inches in diameter will be removed, and indicate which tree will be saved along with its size. If the tree to be saved is over 12 inches in diameter, than protection measures prepared by a certified arborist will need to be submitted. NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 7 OF 12 • • Visual Clearance Areas (18.795): This Chapter requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight 8 feet in height (8) (trees may be placed within this area provided that all branches below eight 8 feet are removed). A visual clearance area is the triangular area formed by measuring a -foot distance points with a straight line. The site plan does not show any obstructions within the visual clearance triangle for the existing driveway of Parcel #1 or the proposed drive back to Parcel #2. FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards have been met. PUBLIC FACILITY CONCERNS Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires a local residential street to have a 42 to 50-foot right-of-way width and a 24. to 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Grant Avenue, which is classified as a local residential street on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate additional ROW on the final plat to provide a minimum of 25 feet from centerline. The roadway is paved but not fully improved to City standards. TMC 18.810.030(A)(1) states that streets within a development and streets adjacent shall be improved in accordance with City standards. However, 18.810.030(A)(4) states that the City may accept a future improvement guarantee in lieu of street improvements if the improvement associated with the project does not, by itself, provide a significant improvement to the street safety or capacity. Although this development will incrementally increase the amount of traffic on the roadway, the increase will not substantially degrade the level of service on the street. A street improvement adjacent to this site, therefore, will not significantly improve the safety or capacity of the street. In addition, 18.810.030(A)(1)(e) states that a guarantee in lieu of street improvements is acceptable if the proposal is a land partition on property zoned residential and the partition does not create any new streets. This partition will not create a new street. Based on these code provisions, Staff therefore recommends that the applicant be required to enter into an agreement with the City whereby the owner agrees to participate in any future widening project for the street carried out by the City, a third party, or through a local improvement district. This agreement must be executed prior to approval of the final plat. The applicant will need to construct a new driveway entrance to City standards as a part of adding the new lot. NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 8 OF 12 • • • Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Execution of the street improvement agreement will meet this provision. 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an existing 8-inch public sanitary sewer line located in SW Grant Avenue that has sufficient capacity to serve this site. The applicant's plans indicate they will provide a new service lateral to serve the proposed new lot. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and floodwater runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 2000 and including any future revisions or amendments). The applicant's plan shows that they can provide drainage to the back lot via a new private storm lateral that would flow out to the roadside ditch in SW Grant Avenue. This plan will be sufficient. 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). 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. USA has used a threshold of 5,000 square feet of new impervious area as a trigger for onsite detention. This partition will not increase the impervious surface area over 5,000 square feet, so onsite detention is not required. 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. No pedestrian/bikeways are proposed with this application. Therefore, this standard does not apply. NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 9 OF 12 • • Cost of Construction: Section 18.810.110.B 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. No pedestrian/bikeways are proposed with this application. Therefore, this standard does not apply. Minimum Width: Section 18.810.110.0 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. No pedestrian/bikeways are proposed with this application. Therefore, this standard does not apply. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: . • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing 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 SW Grant Avenue. If the fee i►i=lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 104 lineal feet; therefore the fee would be $2,860.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: There is an existing public water line located in SW Grant Avenue that can serve this site. The applicant will need to apply for a new water service when the new house is constructed. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards adopted by Resolution and Order No. 00-7) which require the construction of on-site water qua 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. NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 10 OF 12 • • • The USA standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of the storm water from the new parcel. Rather, the USA standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on this application. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $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 $30.00. Survey Requirements 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. 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. SECTION VI. OTHER STAFF COMMENTS City of Tigard Building Division has reviewed the proposal and offered the following comments: ♦ Fire hydrant approval by Fire Marshall. City of Tigard Operations Department has reviewed the proposal and offered the following comments: ♦ Would like the water meter location out of driveway if possible. SECTION VII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JUNE 6, 2001 AND BECOMES EFFECTIVE ON JUNE 21, 2001 UNLESS AN APPEAL IS FILED. Appeal; The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice 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. NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 11 OF 12 • 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 eriod. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JUNE 20, 2001. • Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503)639-4171. /. .. June 6, 2001 PREPAR. i 4 . athew Sch- . er DATE Assistant Planner 1 --- ,i� June 6, 2001 APPROVED BY: Richard Bewersdo•' DATE Planning Manager i/curpin/mathew/mlp/mIp2001-00003.dec it _ ___NOTICE OF DECISION __MLP2001-00003/POOLE PARTITION PAGE 12 OF 12 PPP ____ p ._''_ ti11r _ C'♦ CITY of TIGARD _____ ��I GEOGRAPHIC INFORMATION SYSTEM .I • • VICINITY MAP r ♦♦0 **di* ST ''� P ` •gJ POOLE PARTITION MLP2001-00003 , $ SP N/44. ♦ I� 4, . 1 III , _ _LL c SUBJECT LOT 4 *.41 1101111111 NS' S' 1% t4 fr 4 OCW of PARK ST PARK ST *A;• I II • ■ Mum w.. lir _ o Ir. C•O LN . / . . t ' , N ♦ ♦: �i' ♦ ' 0 100 200 300 400 500 Feet q 4*...‘ *♦ 'I I I ^ . 1'=37B lest-AIR AVEN ST ,-,,,,.., • _______L__ do ` • City of Tigard 1 I • , liii Information on this map is for general location only and should be verified with the Develo ent Services Division. 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V V► • NOTICE OF TYPE II DECISION A ��c111 MINOR LAND PARTITION (MLP) 2001-00003 CITY OF TIOARD POOLE PARTITION CommunityDeveoopment Shaping A Better Community 120 DAYS =08/28/2001 SECTION I. APPLICATION SUMMARY FILE NAME: POOLE PARTITION CASE NO: Minor Land Partition (MLP) MLP2001-00003 PROPOSAL: The applicant is requesting a Minor Land Partition to partition the existing 21,784.15 square foot lot into 2 parcels consisting of 7,600 and 12,924.15 square feet respectively. The remaining 1,260 square footage will be used for the access easement. The existing dwelling is to remain. APPLICANT: Philip and Darlene Poole P.O. Box 280 Tualatin, OR 97062 OWNER: Same. ZONING DESIGNATION: 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. LOCATION: 13155 SW Grant Avenue; WCTM 2S102CB, Tax Lot 1300. PROPOSED PARCEL 1: 7,600 Square Feet. PROPOSED PARCEL 2: 12,924.15 Square Feet. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access Egress and Circulation); 18.715 (Density Computations); 18.725 (Environmental Performance Standards)18.745 (Landscaping and Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); 18.810 (Street and Utility Improvement Standards). SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. 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. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: • a THIS DECISION IS FINAL ON JUNE 6, 2001 AND BECOMES o EFFECTIVE ON JUNE 21, 2001 UNLESS AN APPEAL IS FILED. VA eal: ector's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice 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 hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JUNE 20, 2001. I uestions: For further information please contact the Planning Division Staff Planner, Mathew Scheidegger at (503)u639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. I --- r I -�4r■Iqr.. ti,4,411 � CITY of TIGARD liorso '♦ . , 4014„-• VICINITY MAP d* '`�' till • , • POOLE PARTITION ' ■ , ♦ , MLP2001-000 YbillikrkiN*` � 03. ,�� , ip voiliari pi LI*,GRAN�#.. _ *4 ' � � � LL ■ CT ` SUBJECT LOT ,144 . ii 11111111. ■ ■11 iii., ,,, •= ST■ iiiiijlf �*■mos pram flell—.."`&11111 11 ♦ •• 0 100 200 300 400 500 F.II IiIIIi �� .' lb. .... . 1'•378 eel PIIIIII 011 10b F , City of Tigard '....,� �♦ , , InlolouOon on hi,loop b lot 9.11.r.110G.9o:0111/.n0 .--W wn11.a-,m 25 W Nell 8)08 S.No.Dlvmon. 77125 SW N.II 81W iIi.&b� _` I_E*Assw-` i9.r0.ORQ 7227 (507)879.4171 NOTICE TO MORTGAGEE, LIENH'ER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES''ll.. T IF YOU RECEIVE THIS NOTICE,IT SHALL BE PRA"; Y FORWARDED TO THE PURCHASER NOTICE OF PENDING LAND USE APPLICATION LAND PARTITION CITY OF TIGARD Community Development Shaping A Better Community DATE OF NOTICE: May 3,2001 FILE NUMBER: MINOR LAND PARTITION (MLP) 2001-00003 FILE NAME: POOLE PARTITION • PROPOSAL: The applicant is requesting a Minor Land Partition to partition the existing 21,784.15 sq. ft. lot into 2 parcels consisting of 7,600 and 12,924.15 sq. ft. respectively. The remaining 1,260 square footage will be used for the access easement. The existing dwelling is to remain. ZONE: R-4.5 Low Density Residential. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. LOCATION: 13155 SW Grant Avenue; WCTM 2S102CB, Tax Lot 1300. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON MAY 17, 2001. All comments should be directed to Mathew Scheidegger, Assistant Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR JUNE 5, 2001. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; ♦ Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; ♦ Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. AFTER THE 14 DAY COMMENT PERIOD "r OSES, THE DIRECTOR SHALL ISSUE A Tilt II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAIL THE APPLICANT AND TO OWNERS OFORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: ♦ The application is accepted by the City S • Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. • The application is reviewed by City Staff and affected agencies. ♦ City Staff issues a written decision. • Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." —__— --.._-_ __ ',_ —_-_ _ <,y�� *q4rSir CITY of TIGARD ire ill �"�. , ,41 VICINITY MAP $*4 40 o� ♦ �i POOLE PARTITION ``dL' MLP2001-00003 ui TK/N� ♦ , 1 .■■t■.- ..,1.41, 'S . me . :: fUBJECT LOT`�y 1 ■ ■��1 MO ■■PAR T ■�� ST V '• ■■■U IIIII "Hill IW • f C1K 1 ■ � / ' '. • *S 'i FAIR V N ST , e,�,. , $ • : 1 AlHA1'EN «o.141 Oi+ s.w.a..� .a rsrxs SW 141 m.a I 1 N r"...-"A A. Cornmundy Development Plot date:May 2.2001;C:lmagiOMAGIC03 APR QUEST ff)R COMA1E/VT3 • • MEMORANDUM CITY OF TIGARD, OREGON DATE: June 4, 2001 TO: Matt Scheidegger, Assistant Planner FROM: Brian Rager, Development Review Engineer RE: MLP 2001-00003, Poole Partition Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with, the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires a local residential street to have a 42 to 50-foot right-of-way width and a 24 to 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Grant Avenue, which is classified as a local residential street on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate additional ROW on the final plat to provide a minimum of 25 feet from centerline. The roadway is paved but not fully improved to City standards. TMC 18.810.030(A)(1) states that streets within a development and streets adjacent shall be improved in accordance with City standards. However, 18.810.030(A)(4) states that the City may accept a future improvement guarantee in lieu of street improvements if the improvement associated with the project does not, by itself, ENGINEERING COMMENTS MLP 2001-00003 Poole Partition PAGE 1 • • provide a significant improvement to the street safety or capacity. Although this development will incrementally increase the amount of traffic on the roadway, the increase will not substantially degrade the level of service on the street. A street improvement adjacent to this site, therefore, will not significantly improve the safety or capacity of the street. In addition, 18.810.030(A)(1)(e) states that a guarantee in lieu of street improvements is acceptable if the proposal is a land partition on property zoned residential and the partition does not create any new streets. This partition will not create a new street. Based on these code provisions, Staff therefore recommends that the applicant be required to enter into an agreement with the City whereby the owner agrees to participate in any future widening project for the street carried out by the City, a third party, or through a local improvement district. This agreement must be executed prior to approval of the final plat. The applicant will need to construct a new driveway entrance to City standards as a part of adding the new lot. Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Execution of the street improvement agreement will meet this provision. • 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an existing 8-inch public sanitary sewer line located in SW Grant Avenue that has sufficient capacity to serve this site. The applicant's plans indicate they will provide a new service lateral to serve the proposed new lot. ENGINEERING COMMENTS MLP 2001-00003 Poole Partition PAGE 2 • • 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 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction • Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 2000 and including any future revisions or amendments). The applicant's plan shows that they can provide drainage to the back lot via a new private storm lateral that would flow out to the roadside ditch in SW Grant Avenue. This plan will be sufficient. 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). 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. USA has used a threshold of 5,000 square feet of new impervious area as a trigger for onsite detention. This partition will not increase the impervious surface area over 5,000 square feet, so onsite detention is not required. Bikeways and Pedestrian Pathways: ENGINEERING COMMENTS MLP 2001-00003 Poole Partition PAGE 3 • • 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. Cost of Construction: Section 18.810.110.B 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. Minimum Width: Sectionr18.810.110.0 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. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services; • The City reserves the right to approve location of all surface mounted facilities; • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing utilities which are not underground will serve the development and the approval ENGINEERING COMMENTS MLP 2001-00003 Poole Partition PAGE 4 • • 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 SW Grant Avenue. If the fee in- lieu is proposed, it is equal to $ 27.50 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 104 lineal feet; therefore the fee would be $ 2,860.00. • ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: There is an existing public water line located in SW Grant Avenue that can serve • this site. The applicant will need to apply for a new water service when the new house is constructed. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards (adopted by Resolution and Order No. 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. The USA standards include a provision that would exclude small projects such as • residential land partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of the storm water from the new parcel. Rather, the USA standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on this application. ENGINEERING COMMENTS MLP 2001-00003 Poole Partition PAGE 5 • • • Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of$ 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 $30.00. Survey Requirements 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. 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. Recommendations: • THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: • Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: A Street Opening Permit will be required for this project to cover the new sanitary sewer tap, driveway construction, and any other work in the public right-of-way. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the exact legal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the ENGINEERING COMMENTS MLP 2001-00003 Poole Partition PAGE 6 • • name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of$30.00. (STAFF CONTACT: Kit Church, Engineering). The final plat shall show a right-of-way dedication for SW Grant Avenue, to provide 25 feet from the centerline. The applicant shall enter into a Street Improvement Agreement with the City whereby they agree to complete or participate in the future improvements of SW Grant Avenue adjacent to the subject property, when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the subject property, or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements • by others adjacent to the subject site. The applicant shall either place the existing overhead utility lines along SW Grant Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 27.50 per lineal foot. If the fee option is chosen, the amount will be $ 2,860.00 and it shall be paid prior to approval of the final plat. 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. 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. Final Plat Application Submission Requirements: ENGINEERING COMMENTS MLP 2001-00003 Poole Partition PAGE 7 ' • • 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. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS. 92.05), Washington County, and by the City of Tigard. C. The right-of-way dedication for SW Grant Avenue shall be made on the final plat. D. NOTE: Washington County will not begin their review of the final plat until they receive a letter from the City Engineering Department indicating: 1) that the City has reviewed the final plat and submitted comments to the applicant's surveyor, and 2) that the applicant has either completed any public improvements associated with the project, or has at least obtained the • necessary public improvement permit from the City to complete the work. E. Once the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer's signature. • THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO . ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Brian Rager; 639-4171, ext. 318) for review and approval: Prior to issuance of building permits, the applicant shall provide the Engineering Department with a mylar copy of the recorded final plat. Prior to issuance of the building permit for the new parcel, the applicant shall pay the standard water quality fee per lot (fee amount will be the latest approved by USA). is\eng\brianr\comments\m Ip\mlp2001-00003.doc ENGINEERING COMMENTS MLP 2001-00003 Poole Partition PAGE 8 MEMORANDUM Alto aisoita TO: Matt Scheidegger FROM: Matt Stine, City Forester //_ RE: Po01-E 1 n I rrrto.t) DATE: May 10, 2001 Matt, As you requested I have provided some comments on the "Poole Partition" project. If you have any questions or concerns regarding my comments please contact me anytime. 1. TREE PROTECTION DEVICES 18.745.030 E. PROTECTION OF EXISTING VEGETATION. Existing vegetation on a site shall be protected as much as possible: 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). THE TREES THAT ARE DESIGNATED TO REMAIN ONSITE MUST BE CLEARLY SHOWN ON THE PLANS. THE "NARRATIVE"DOES LITTLE TO DEFINE WHICH TREES ARE TO BE SAVED. IF ANYTHING THE "NARRATIVE"ADDS CONFUSION! 1. TREE SPECIES SELECTION & PLANTING 18.745.030 C. INSTALLATION REQUIREMENTS. The installation of all landscaping shall be as follows: • • 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 and standards for required landscaping and 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. 2.1. 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 standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10th 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 modifications. I recommend that these guidelines be followed and adhered to at all times. 2.2. 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. 2.3. I recommend that all of this information be included in the final plan's notes or drawings. If you have any questions please call me anytime. Thank you for requesting my comments on this project. Sincerely, /r4 irk Matt Stine City Forester • REQUEST FOR COMMENTS CI O TIIGARD Community Development Shaping A Better Community DATE: May 3,2001 RECEIVED PLANNING TO: Dennis Koellermeier,Operations Mgr. MAY 11 2001 FROM: City of Tigard Planning Division CITY OF TtGARD STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x 3111 Phone: 15031639-4111/Fax: (5031 684-1291 000000Q,000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000� 0 MINOR LAND PARTITION[MLR 2001-00003 ➢ POOLE PARTITION Q REQUEST: The applicant is requesting a Minor Land Partition to partition the existing 21,784.15 sq. ft. lot into 2 parcels consisting of 7,600 and 12,924.15 sq. ft. respectively. The remaining 1,260 square footage will be used for the access easement. The existing dwelling is to remain. LOCATION: 13155 SW Grant Avenue; WCTM 2S102CB, Tax Lot 1300. ZONE: R-4.5 Low Density Residential. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18. 390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: May 11,2001. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: — emu— •— f ok• x/5/6/ I a k v'v^A%ot'e-inn Areo-a,c car4;A,csA_ re4ld.¢.ncp resa c(& L C-CCEIA. i f 5u-z,�e n Le_uA.•!kN iae a,uw,e mwic Al-fat cs�Eierry‘ CCAL1W7i 13 94 acr/v< <-[ {^it c�-cr L a cn ! Qv( S 0rt./ po.SS, S/ S/ia/e r *1 (Please provide the following information) NameofPerson(slCommenting: Phone Number's]: • • I,.�Iil,, REQUEST FOR COMMENTS c�of IIGARD Community Development Shaping A Better Community DATE: May 3,2001 TO: Gary Lampella,Building Official FROM: City of Tigard Planning Division STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x 3111 Phone: (5031 639-4111/Fax: (5031684-7291 F/070747/0707070/o/047471oioioio/v/047/0ioioio7oio/0/0/0/0/0/0/07047/0/Z 77�/1,ofoio/o/0/0/0fofofof 0707070/0/0/0/0/0/0/0/07070747/07070/o/07G 7i4io/0/,0/0/.0 0iof 07070/07070/0/070ioioroioioo/oioio� o MINOR LAND PARTITION[MLR 2001-00003 ➢ POOLE PARTITION Q REQUEST: The applicant is requesting a Minor Land Partition to partition the existing 21,784.15 sq. ft. lot into 2 parcels consisting of 7,600 and 12,924.15 sq. ft. respectively. The remaining 1,260 square footage will be used for the access easement. The existing dwelling is to remain. LOCATION: 13155 SW Grant Avenue; WCTM 2S102CB, Tax Lot 1300. ZONE: R-4.5 Low Density Residential. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18. 390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. . Attached are the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED.YOUR COMMENTS BACK BY: May 11,2001. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: [(Please provide the following information) Name of Perseids)Commenting: I Phone Numbertsl: • �/ I fLviAJIAJ& SECPLTAR/ ,t44 TERIALS . S A . AFFIDAVIT OF MAILING ' CITY OF TIGARD Community cDevethpment Shaping Better Community • S7A2E OE ORGON ) County of Was ington )ss. .. City of Tigard" ) • I, (Patricia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am an)tfministrative Specialist II for the City of Tigarc Washington County, Oregon and that I served the following: (Check Appropriate Box(s)Below) © NOTICE OF DECISION FOR: MLP2001-00003/POOLE PARTITION ❑ AMENDED NOTICE (File No./Name Reference) ® City of Tigard Planning Director A copy of the said notice being hereto attached, marked EXhibit"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked EXhibit"B",and by reference made a part hereof, on June 6,2001,and deposited in the United States Mail on lune 6,2001, postage prepaid. • OP ' . MA / / , ,,, .,_,_/ 10WA.,6..47/ ' . • (Per . th.. 'repared No' e)1 • Subscribed and sworn/affirmed before me on the 3 day of , 2001. A. :-' OFFICIAL SEAL . ;-.7 " DIANE M JELDERKS '-/- NOTARY PUBLIC-OREGON"' COMMISSION NO.326578 MY COMMISSION EXPIRES SEPT.07,2003 / I 1 / / ' L _ f_ L A r I' i l' ' I I I I ' I-TI it - My Commission EXpi it • • XHJBIT A NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2001-00003 i�i CITY OF TIGARD POOLE PARTITION CommunityDeveCopment Shaping A Better Community 120 DAYS =08/28/2001 SECTION I. APPLICATION SUMMARY FILE NAME: POOLE PARTITION CASE NO: Minor Land Partition (MLP) MLP2001-00003 PROPOSAL: The applicant is requesting a Minor Land Partition to partition the existing 21,784.15 square foot lot into 2 parcels consisting of 7,600 and 12,924.15 square feet respectively. The remaining 1,260 square footage will be used for the access easement. The existing dwelling is to remain. APPLICANT: Philip and Darlene Poole P.O. Box 280 Tualatin, OR 97062 OWNER: Same. ZONING DESIGNATION: 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. LOCATION: 13155 SW Grant Avenue; WCTM 2S102CB, Tax Lot 1300. PROPOSED PARCEL 1: 7,600 Square Feet. PROPOSED PARCEL 2: 12,924.15 Square Feet. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access Egress and Circulation); 18.715 (Density Computations); 18.725 (Environmental Performance Standards)18.745 (Landscaping and Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); 18.810 (Street and Utility Improvement Standards). SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. 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. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: • • THIS DECISION IS FINAL ON JUNE 6, 2001 AND BECOMES EFFECTIVE ON JUNE 21, 2001 UNLESS AN APPEAL IS FILED. Appeal The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice 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 hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JUNE 20, 2001. Questions: For further information please contact the Planning Division Staff Planner, Mathew Scheidegger at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. 1111.� -�p _'... 474wir._ Cry CITY of TIGARD � -, ' ,�� O[OO.x.xiC ix rO.MeilOx ay.1Eu , ,,•� , VICINITY MAP . �� 1 STS E4 ,4 , 4 POOLE PARTITION MLP2001 00003 4 • ATIVimiitall 41 S ■■■ ,GRAN _ �� .... CT 111111111 ■ 1PAR ST 440 11111 ST 1■■■ W ■■■■■�� CO L ■ Q�G ' �III a faillIMIIII '■ .♦ O*7.■ . 0 100 200 700 100 500 F..t 1111■-■ .■ �� ♦∎ 1,375 Net ST i :p c!♦ ♦ A lii do` • City of Tigard LL , '' J � � )♦ � , 1 Inlomutian on Nia may la Iw Oenenl location only an0 ' �.�� . �, aftOUld Ea veri0sd x3125 SW HON Blvd SaNicea DiNi on. • 1J125 5W HON Blvd Tigard,OR 97227 Gj , , (5071879-1171 ntp/MV.w.ci.I g.rd onus MLFa4OO(-3 • • EXHIBIT B 2S102CC-00500 2S102BC-03500 13500 PACIFIC CORP DILLAVOU DIANE BY CAP ADVISORS 13000 SW WATKINS AVENUE 38345 W TEN MILE RD STE 170 TIGARD,OR 97223 FARMINGTON HILLS,MI 48335 1 O2CB-07500 2S 102CB-01500 1350: 'ACIFIC CO" DURDEL CHRISTOPHER C&MARGO L BY CAP .•RS 10425 SW PARK ST 38345 EN • E RD#170 TIGARD,OR 97223 F •MINGTON HIL MI 48335 2S 102CB-00302 2S 102CB-01600 ALADDIN MOTOR INNS EASTERLY JOSEPH H G&TONIA BY BENZENISTE IRVING 10395 SW PARK ST 10155 SW CAPITOL HWY • TIGARD,OR 97223 PORTLAND,OR 97219 2S102BC-04300 2S102CB-00400 ALEXANDER CONSTRUCTION INC ELWELL JOHN A P 0 BOX 23562 10230 SW SCHOOL ST PORTLAND,OR 97223 TIGARD,OR 97223 2S 102CB-06100 2S 102CB-07300 ARNOLD LOURINDA J FERNANDO ANIL NIHAL KANWAR& 10455 SW GRANT CT ANNE ELIZABETH TIGARD,OR 97223 17549 OAK MEADOW LN LAKE OSWEGO,OR 97034 2S102CB-01802 2S102BC-04303 BAR-AM LLC FINKE ALEX BY SAMUEL'S JEWELERS P 0 BOX 23562 1416 THIRD AVE TIGARD,OR 97223 SEATTLE,WA 98101 2S 103DA-00400 2S 102B C-04305 BARRETT HARLEY E FINKE HANS C 13150 SW WATKINS AVE PO BOX 1565 TIGARD,OR 97223 WILSONVILLE,OR 97070 2S 103DA-00800 2S 102BC-04304 BRADEN ROBERT W&KATHLEEN J FINKE LOTTI 13175 SW WATKINS P 0 BOX 23562 TIGARD,OR 97223 TIGARD,OR 97223 2S102BC-04301 2S102CB-00900 CAMPBELL ROBERT W&MONA I TRS GARGER JERRY E 13025 SW GRANT AVE 13070 SW GRANT AVE TIGARD,OR 97223 TIGARD,OR 97223 2S1030A-01100 2S102CB-05800 COLE TERRI J GNAU MICHAEL F&ANGEL S 13075 SW WATKINS AVE 10395 SW GRANT CT TIGARD,OR 97223 TIGARD,OR 97223 • • 2S102BC-03400 •102CB-06500 GROAT RANDALL S&CAROLYN J HO •G AUTHOR! OF 13010 SW WATKINS WASHING ► • NTY TIGARD,OR 97223 111 N "COL' T#200-L SBORO,OR 97 24 2S 103DA-01000 2S 102CB-00600 HAMMES ALFRED J HELEN L HUTCHISON DENNIS E&ELKE E 13115 SW WATKINS AVE 10270 SW SCHOOL ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103DA-03100 2S 103DA-00300 HANSEN HARRIS H SARA J - JENSEN RON M&ERI K 10610 SW DERRY DELL 13120 SW WATKINS AVE TIGARD,OR 97223 TIGARD,OR 97223 2S103DA-00700 2S103DA-00900 • HATCH JAMES S/MARCIEL J& KAMERMAN CHARLES M&LYNNE E HATCH KEVIN SCOTT TRUSTEES 13145 SW WATKINS 13205 SW WATKINS TIGARD,OR 97223 TIGARD,OR 97223 2S 102CB-01200 2S 102CB-01700 HESS DAVID A&GAIL K KIMMEL KRISTA L 13170 SW GRANT AVE 10365 SW PARK STREET TIGARD,OR 97223 TIGARD,OR 97223 2S 102CB-00500 2S 103DA-00100 HILCHEN PAUL&LEANN LEPPER CHAD&MI YOUNG 10250 SW SCHOOL ST 13060 SW WATKINS AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 102CB-06200 2S 102C B-06400 HOROWITZ ALAN R AND MCCUSKER PATRICK J AND JUDITH BERMAN NANCY B 10475 SW GRANT COURT 10450 SW GRANT CT TIGARD,OR 97223 TIGARD,OR 97223 • 2S 102CB-05700 2S 102CB-01300 HOUSING AUTHORITY OF MCNALLY DWIGHT G&GAIL V WASHINGTON COUNTY 16515 SW UPPER BOONES FERRY RD 111 NE LINCOLN ST#200-L TIGARD,OR 97224 HILLSBORO,OR 97124 02CB-06300 2S103DA-00200 HOUS •;AUTHORITY !F MENDEZ JUDITH A WASHINGT•• !d TY 13090 SW WATKINS AVE 111 NE • OLN T#200-L TIGARD,OR 97223 BORO,OR 97 2S •2CB-06600 2S103DA-00600 HOUS '- •UTHORI 4F MEYER DUANE FRANCIS WASHINGT• ••UNTY ANNIE ELIZABETH 111 N 'COL •T#200-L 13210 SW WATKINS AVE SBORO,OR 9 • TIGARD,OR 97223 • 2S 103DA-00500 2S 102CB-06700 MIGUES RONALD P.&DEBORAH R PACIFIC PROPERTIES GENERAL 13180 SW WATKINS AVE PARTNERSHIP PORTLAND,OR 97223 13200 SW PACIFIC HWY TIGARD,OR 97223 • 2S102CB-00800 2S102CB-00303 MIRANDA PEDRO& POORMAN JOHN AND MARTHA SOFIA 14243 NW EVERGREEN ST 12255 SW GREENBURG RD#17 PORTLAND,OR 97229 PORTLAND,OR 97281 2S 102CB-06900 2S 102CB-01800 MISKA EDWARD P& PUBLIC STORAGE MISKA PHYLLIS MAE& INSTITUTIONAL FUND GADBAUGH WAYNE R DEPT PT-OR26410 745 THIRD ST PO BOX 25025 LAKE OSWEGO,OR 97034 GLENDALE,CA 91201 2S102CB-07200 2S102CB-00300 MISKA EDWARD P&PHYLLIS M TRS R I C 21 LTD 745 3RD ST REALTY INCOME CORP LAKE OSWEGO,OR.97034 BY CSK AUTO INC PROP MGMT • 645 E MISSOURI AVE#400 • PHOENIX,AZ 85012 2S 102CB-07400 2S 102CB-00700 MOAR PATRICIA C TRUSTEE REYNOLDS ROBERT W&SHARON J 4114 SW FLOWER ST 28665 SW PAWNEE LOOP PORTLAND,OR 97221 WILSONVILLE,OR 97070 •3DA-04702 102CB-00200 MOAR ' ' RICI• _ 'USTEE SC L DIS CT NO.23 4114SA • •ER ST , 0 P:'TLAND,OR 1 1030A-04701 2S 102CB-05900 MOA' '• RICIA 'USTEE SHEA JAMES C JR&SUSAN K& 4114 S* • ' R ST SHEA JAMES P SR&CATHERINE A '•'TLAND,OR 9 10405 SW GRANT CT TIGARD,OR 97223 2S102CB-07100 2S102CB-06000 NGUYEN MY DUNG ANNA&HAI M SMITH DEBBIE C 10453 SW PARK ST 10435 SW GRANT CT TIGARD,OR 97223 TIGARD,OR 97223 2S 102CB-01100 2S 102CB-06801 O'CONNOR S CASEY SOLIS EDGAR TRUSTEE • 13150 SW GRANT AVE PO BOX 231193 TIGARD,OR 97223 TIGARD,OR 97281 2S 102CB-02300 2S 102BC-04302 PACIFIC PROPERTIES SPRINGER KATHERINE P BY MARTIN JOHNSON PO BOX 5995 13200 SW PACIFIC HWY BEAVERTON,OR 97007 TIGARD,OR 97223 • • , • • • 2S102CB-01000 SWEET JEFF 18205 SW BOONES FERRY RD STE A PORTLAND,OR 97224 2S103DA-04600 TROSEN DAVID S/LEANNA M 10570 SW PARK ST TIGARD,OR 97223 2S103DA-04800 URL JOY B 13370 SW WATKINS TIGARD,OR 97223 2 103DA-04700 URL B 13370 INS T RD,OR 97223 2S102CB-01804 WEBER COASTAL BELLS LIMITED WEBER EDUARD 840 CONGER ST EUGENE,OR 97402 2S 102CB-01901 WEBER COASTAL BELLS LTD PTNRSHP PO BOX 23408 EUGENE,OR 97402 2S 103DA-04500 WEESE TERRY&DORI 10600 SW PARK ST TIGARD,OR 97223 2S 103DA-03201 WINTERS GERRY L 10625 SW PARK ST TIGARD,OR 97223 • , • • • Debra Seeman CITY OF TIGARD 13372 SW Clearview Way CENTRAL CIT SUBCOMMITTEE Tigard, OR 97223 Mary Skelton 10355 SW Walnut Street is\curpin\setup\labels\CIT Central.doc UPDATED: 9-Jan-01 Tigard, OR 97223 Kathleen Anderson 12132 SW Lansdowne Lane Tigard, OR 97223 Jack Biethan 11043 SW Summerfield Drive, Apt. #3 Tigard, OR 97224-3376 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Suzanne Riles 13215 SW Genesis Loop Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 • Mary Lindquist 11565 SW Walnut Street Tigard, OR 97223 Christine Garsteck 11774 SW 125th Court Tigard, OR 97223 • . • i CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT - 21-112 PLANNING DIVISION CITY OF TIGARD Community 13125 SW HALL BOULEVARD Shaping (Better ommus nity TIGARD, OREGON 91223 PHONE: 503-639-4171 FAX: 503-684-7297(Attn: Patty or Shirley/Planning) ' �0 z i 0.0 'BP lilT? OWNER; MMUNG =_ISlT` Property owner information is valid for 3 months from the date of your request_ INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 15134A8,Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW and INCLUDE A MAP OF ALL LOTS FOR THE PROJECT (preferably assessor's tax map): L . t 300 • 5 C1I 1 ;I S- as 0 i s 13 j 55 Sc--) 6r41\lT (t INDICATE WHETHER YOU ARE REQUESTING 2 OR 3 SETS OF LABELS: c9 ,e,e// (NOTE: A.minimum of 2 sets of labels will be provided to place on your 2 sets of envelopes that applicants are required to submit at the time of application submittal. If a neighborhood meeting is required and you have not yet held that meeting, you should request 3 sets) R,ot.NAME OF CONTACT PERSON: Ph i aGif /L'ti1� PHONE: S D — This request may be mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person will be called to pick up their request in "Will Call" by their last name, at the Community Development Reception Desk. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: • $11 to generate the mailing list, plus $2 per sheet for printing the list onto labels (20 addresses per sheet). Then, multiply the cost to print one set of labels by the number of sets requested. *EXAMPLE* * * COST FOR THIS REQUEST * * A_sheets of labels x$2/sheet = $8.00 x sets = $16.00 sheet(s) of labels x$2/sheet = x�— sets = $14 sheets of labels x$2/sheet for(IT area x 2 sets = 4.00 sheet(s) of labels x$2/sheet for IT area = S x ' sets = GENERATE I1CT = tl i!►0 GENERATE LIST = $ . IUTAL = $31.00 ( L TOTAL = • • • AFFIDAVIT OF MAILING • CRY OF T TIG iGARD Community Development SfiapingA Better Community SVAq E OF oEGoN ) County of Washington )ss. City of'Tigard ) I, Patricia L.Lunsford being first duly sworn/affirm, on oath depose and say that I am an"Administrative Specialist II for the City of(igard'Wasfiington County, Oregon and that I served the following: • • {check appropriate Box(s) ) © NOTICE OF DECISION FOR: MLP200I-00003/POOLE PARTITION AMENDED NOTICE (File No/Name Reference) ® City of Tigard Planning Director • A copy of the said notice being hereto attached, marked Exhibit"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit'B", and by reference made a part hereof, on lune 6,2001,and deposited in the United States Mail on lune 6,2001, postage prepaid. - / / / (Person that Prepare. of Subscribed and sworn/affirmed before me on the c.51- day of 2001. •R _� OFFICIAL SEAL DIANE M JELOERQCS COMMISSION NOTARY PUBLIC-OREGON • MISSION No. SEPT. MY COMMISSION EXPIRES SEPT.07,2003 N ARY PUBLIC OF 0I6 My Commission Expir I�- cc 3 • • EXHIBIT A NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2001-00003 "!��= CITY OF TIGARD POOLE PARTITION Community Elevethpment Shaping Better Community 120 DAYS =08/28/2001 SECTION I. APPLICATION SUMMARY FILE NAME: POOLE PARTITION CASE NO: Minor Land Partition (MLP) MLP2001-00003 PROPOSAL: The applicant is requesting a Minor Land Partition to partition the existing 21,784.15 square foot lot into 2 parcels consisting of 7,600 and 12,924.15 square feet respectively. The remaining 1,260 square footage will be used for the access easement. The existing dwelling is to remain. APPLICANT: Philip and Darlene Poole P.O. Box 280 Tualatin, OR 97062 OWNER: Same. ZONING DESIGNATION: 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. LOCATION: 13155 SW Grant Avenue; WCTM 2S102CB, Tax Lot 1300. PROPOSED PARCEL 1: 7,600 Square Feet. PROPOSED PARCEL 2: 12,924.15 Square Feet. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures); 18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access Egress and Circulation); 18.715 (Density Computations); 18.725 (Environmental Performance Standards)18.745 (Landscaping and Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual • Clearance Areas); 18.810 (Street and Utility Improvement Standards). SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section V. NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 1 OF 12 • • CONDITIONS OF APPROVAL PRIOR TO ISSUANCE OF BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: Submit the following to the Planning Department (Mathew Scheidegger 639-4171 x317) for review and approval: 1. Submit evidence that no trees over 12 inches in diameter will be removed, and indicate which tree will be saved along with it's size. If the tree to be saved is over 12 inches in diameter, then protection measures prepared by a certified arborist will need to be submitted. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 2. A Street Opening Permit will be required for this project to cover the new sanitary sewer tap, driveway construction, and any other work in the public right-of-way. The applicant will need to submit five (5) copies of a proposed public improvement plan for review and approval. NOTE: these plans are in addition to any drawings required by the Building Division and should only include information relevant to the public improvements. 3. As a part of the public improvement plan submittal, the Engineering Department shall be provided with the exact legal name, address and telephone number of the individual or corporate entity who will be responsible for executing the compliance agreement (if one is required) and providing the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 4. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of $30.00. (STAFF CONTACT: Kit Church, Engineering). 5. The final plat shall show a right-of-way dedication for SW Grant Avenue, to provide 25 feet from the centerline. 6. The applicant shall enter into a Street Improvement Agreement with the City whereby they agree to complete or participate in the future improvements of SW Grant Avenue adjacent to the subject property, when any of the following events occur: A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local Improvement District, B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other public agency, C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the subject property, or D. when construction of the improvements is deemed to be appropriate by the City Engineer in conjunction with construction of improvements by others adjacent to the subject site. 7. The applicant shall either place the existing overhead utility lines along SW Grant Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site that is parallel to the utility lines and will be $ 27.50 per lineal foot. If the fee option is chosen, the amount will be $ 2,860.00 and it shall be paid prior to approval of the final plat. 8. 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. 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 DECISION MLP2001-00003/POOLE PARTITION PAGE 2 OF 12 • • • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. 9. 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. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. C. The right-of-way dedication for SW Grant Avenue shall be made on the final plat. D. NOTE: Washington County will not begin their review of the final plat until they.receive a letter from the City Engineering Department indicating: 1) that the City has reviewed the final plat and submitted comments to the applicant's surveyor, and 2), that the applicant has either completed any public improvements associated with the project, or has at least obtained the necessary public improvement permit from the City to complete the work. E. Once the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer's signature. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to theEngineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: 10. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a mylar copy of the recorded final plat. 11. Prior to issuance of the building permit for the new parcel, the applicant shall pay the standard water quality fee per lot (fee amount will be the latest approved by USA). THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Property History: The subject parcel is located within the City of Tigard. The property ,is designated Low Density Residential on the Tigard Comprehensive Plan Map. A record search indicates no other land-use approvals were found to be on file. Site Information and Proposal Descriptions The subject property is approximately 21,784.15 square feet. The site has approximately 104.2 feet of frontage on SW Grant Avenue. The owner is proposing a two-parcel partition as indicated on the proposed partition plat. Parcel #1 (7,600 square feet) Parcel #2 (12,924.15 square feet). A residential structure exists on Parcel #1, which is proposed to remain. SECTION IV. PUBLIC COMMENTS The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. No comments were received. SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS Land Partitions (18.420): The proposed partition complies with all statutory and ordinance requirements and regulations; NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 3 OF 12 • • The proposed partition will comply with all statutory and ordinance requirements and regulations at the time of proposed development as demonstrated both by the analysis presented within this administrative decision and by this application and review process through compliance with the conditions of approval. Therefore, this criterion is met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Based on the analysis provided herein, Staff finds that adequate public facilities are available to serve the proposal. Therefore, this criterion is met. All proposed improvements meet City and applicable agency standards; and The public facilities and proposed improvements are discussed and conditioned later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part of the permit process and during construction, at which time the appropriate review authority will insure that City and applicable agency standards are met. Based on the analysis in this decision, Staff finds that this criterion is met. All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. The minimum lot width required for the R-4.5 zoning district is 50 feet. The smallest of the lots has a minimum width of 79.1 feet. Therefore, this standard has been met. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area. The minimum lot area requirement in the R-4.5 zoning district is 7,500 square feet. The proposed partition creates two (2) lots that are 7,600 and 12,924.15 square feet respectively. The remaining 1,260 square footage will be used for the access easement. Therefore, this criterion has been satisfied. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement. The proposed partition plat demonstrates that each lot will have frontage onto a public right-of-way. Parcel #1 has 89 feet of frontage onto SW Grant Avenue. Parcel #2 has a 15-foot-wide access easement which connects to SW Grant Avenue. Setbacks shall be as required by the applicable zoning district. No development is proposed with this application. The existing dwelling on Parcel #1 will not be in violation of applicable setbacks. Therefore, this standard has been satisfied. When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. The applicant has proposed that the front yard of the flag lot (Parcel 2) will be oriented toward the northwest property line with minimum 10-foot side yard setbacks. Therefore, this standard has been satisfied. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The applicant proposes to screen the access drive to Parcel 2 with a 6-foot cedar fence, which will satisfy the requirement. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 4 OF 12 • • Fire district regulations are reviewed at time of development. This criterion shall be addressed at that time. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. No common drive is associated with this application. The applicant will use the existing driveway for Parcel #1 and construct a 15-foot paved drive back to Parcel #2. Therefore, this standard does not apply. Any accessway shall comply with the standards set forth in Chapter 18.705, Access, Egress and Circulation. This standard is addressed under 18.705 later in this decision. Where landfill and/or development is allowed within or adjacent to the one-hundred year floodplain, the city shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. i This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The partitioned lot is not adjacent to a one-hundred-year floodplain. Therefore, this standard does not apply. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition and variance(s)/adjustment(s) will be processed concurrently. No variances or adjustments have been submitted with this application. Therefore, this standard does not apply. FINDING: Based on the analysis above, staff finds that the Minor Land Partition Standards have been met. Residential Zoning Districts (18.510): Development standards in residential zoning districts are contained in Table 18.510.2 below: TABLE 18.510.2 - (Cont'd.) DEVELOPMENT STANDARDS 114 RESIDENTIAL ZONES STANDARD R-4.5 Minimum Lot Size -Detached unit 7,500 sq.ft. -Duplexes 10,000 sq.ft. -Attached unit[1] Average Minimum Lot Width -Detached unit lots 50 ft. -Duplex lots 90 ft. -Attached unit lots 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 30 ft. Minimum Landscape Requirement - NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 5 OF 12 • • [1]Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. [2]Lot coverage includes all buildings and impervious surfaces. • Multiple-family dwelling unit • Single-family dwelling unit A minimum lot size of 7,500 square feet is required for each lot. The proposed lot sizes of 7,600 and 12,924.15 square feet meet this standard. Parcel #1 is developed with an existing single-family structure that is approximately 25 feet from the front property line. The side yard setbacks are approximately 12.5 feet from the east property line and 5 feet from the west property line. The rear Sand setback will equal 37.5 feet, which meets the setback standards of the R-4.5 zoning district. etback standards, including the 10-foot side yard setbacks required by 18.740.050.4.A. will apply to all future development of the proposed lot. FINDING: Based on the analysis above, the Residential Zoning District Standards have been met. Access, Egress and Circulation (18.705): Access, Egress and Circulation is partially addressed under Chapter 18.420 in this decision. In addition, the following provisions are applicable. 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 joint use; and copies of the deeds, easements, leases or contracts are placed on permanent file with the City. Joint access is not a part of this application. Parcel #1 has a pre-existing access and the adjacent parcel to the east takes access on the eastern portion of its parcel. Therefore, this criterion does not apply. 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 approve by the City for public use and shall be maintained at the required standards on a continuous basis. Both parcels will have access onto SW Grant Avenue, which is considered a public residential street. Therefore, this standard has been met. 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. 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. 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. According to Engineering Staff, additional traffic at this location and the expansion of the existing access will not create or increase a hazardous condition. Therefore, this standard has been satisfied. Minimum access requirements for residential use. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code. This standard will be address under the "Agency Comments" section of this decision. FINDING: Based on the analysis above, Staff finds the Access, Egress and Circulation Standards have been met. NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 6 OF 12 • • Density Computations (18.715): A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed: 1. All sensitive land areas: a. Land within the 100-year floodplain; b. Land or slopes exceeding 25%; c. Drainage ways; and d. Wetlands. 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. When actual information is not available, the following formulas may be used: a. Single-family development: allocate 20% of gross acreage; b. Multi- family development: allocate 15% of gross acreage. 4. All land proposed for private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0.8). The standards for Density computation deal with the intensity of residential land uses, usually stated as the number of housing units per acre. The total square footage of the subject property. is 21,784.15 square feet. However, the square footage of Parcel #1 (7,600 square feet) is subtracted from the calculation because it has a pre-existing single-family dwelling. Other subtracted square footage is 1,260 square feet for the proposed access to Parcel #2, and 521 square feet for additional right-of-way needed to bring SW Grant Street up to City standards. Therefore, density is calculated from a total square footage of 12,403.15 square feet. Minimum lot size for the R-4.5 zone is 7,500 square feet, which requires the minimum and maximum allowable density to be no more than 1 unit. FINDING: Based on the analysis above, the Density Computation Standards have been met. Tree Removal (18.790): A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot„ parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. The applicant has not indicated that any trees will be removed. However, the site plan shows 11 trees on the proposed lot. Therefore, the applicant must provide tree sizes and evidence that no trees over 12 inches in diameter will be removed. The applicant s narrative indicates that the tree shown on the map will be saved. Staff can not determine which tree the applicant is referring to. FINDING: Based on the analysis above, the Tree Removal Standards have not been met. Staff finds it is possible for the standards to be met if the condition listed below is satisfied: CONDITION: Submit evidence that no trees over 12 inches in diameter will be removed, and indicate which tree will be saved along with its size. If the tree to be saved is over 12 inches in diameter, than protection measures prepared by a certified arborist will need to be submitted. NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 7 OF 12 . • • Visual Clearance Areas (18.795): This Chapter requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight 8 feet in height (8) (trees may be placed within this area provided that all branches below eight 8 feet are removed). A visual clearance area is the triangular area formed by measuring a -foot distance points with a straight line. The site plan does not show any obstructions within the visual clearance triangle for the existing driveway of Parcel #1 or the proposed drive back to Parcel #2. FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards have been met. PUBLIC FACILITY CONCERNS Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be improved in accordance with the TDC standards. Section 18.810.030.A.2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC. Minimum Rights-of-Way and Street Widths: Section 18.810.030(E) requires a local residential street to have a 42 to 50-foot right-of-way width and a 24, to 32-foot paved section. Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW Grant Avenue, which is classified as a local residential street on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map. The applicant should dedicate additional ROW on the final plat to provide a minimum of 25 feet from centerline. The roadway is paved but not fully improved to City standards. TMC 18.810.030(A)(1) states that streets within a development and streets adjacent shall be improved in accordance with City standards. However, 18.810.030(A)(4) states that the City may accept a future improvement guarantee in lieu of street improvements if the improvement associated with the project does not, by itself, provide a significant improvement to the street safety or capacity. Although this development will incrementally . increase the amount of traffic on the roadway, the increase will not substantially degrade the level of service on the street. A street improvement adjacent to this site, therefore, will not significantly.improve the safety or capacity of the street. In addition, 18.810.030(A)(1)(e) states that a guarantee in lieu of street improvements is acceptable if the proposal is a land partition on property zoned residential and the partition does not create any new streets. This partition will not create a new street. Based on these code provisions, Staff therefore recommends that the applicant be required to enter into an agreement with the City whereby the owner agrees to participate in any future widening project for the street carried out by the City, a third party, or through a local improvement district. This agreement must be executed prior to approval of the final plat. The applicant will need to construct a new driveway entrance to City standards as a part of adding the new lot. NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 8 OF 12 • • Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets. Execution of the street improvement agreement will meet this provision. 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 the Unified Sewerage Agency in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an existing 8-inch public sanitary sewer line located in SW Grant Avenue that has sufficient capacity to serve this site. The applicant's plans indicate they will provide a new service lateral to serve the proposed new lot. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and floodwater runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by the Unified Sewerage Agency in 2000 and including any future revisions or amendments). The applicant's plan shows that they can provide drainage to the back lot via a new private storm lateral that would flow out to the roadside ditch in SW Grant Avenue. This plan will be sufficient. 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). 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. USA has used a threshold of 5,000 square feet of new impervious area as a trigger for onsite detention. This partition will not increase the impervious surface area over 5,000 square feet, so onsite detention is not required. 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. No pedestrian/bikeways are proposed with this application. Therefore, this standard does not apply. NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 9 OF 12 • • Cost of Construction: Section 18.810.110.B 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. No pedestrian/bikeways are proposed with this application. Therefore, this standard does not apply. Minimum Width: Section 18.810.110.0 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. No pedestrian/bikeways are proposed with this application. Therefore, this standard does not apply. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and: . The developer shall make all necessary arrangements with the serving utility to provide the underground services; .' The City reserves the right to approve location of all surface mounted facilities; . All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets; and . Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connections are made. Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall pay a fee in-lieu of under-grounding costs when the development is proposed to take place on a street where existing 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 SW Grant Avenue. If the fee in-lieu is proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 104 lineal feet; therefore the fee would be $2,860.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: There is an existing public water line located in SW Grant Avenue that can serve this site. The applicant will need to apply for a new water service when the new house is constructed. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) Design and Construction Standards adopted by Resolution and Order No. 00-7) which require the construction of on-site water qua ity 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. NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 10 OF 12 • • The USA standards include a provision that would exclude small projects such as residential land partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of the storm water from the new parcel. Rather, the USA standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on this application. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $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 $30.00. Survey Requirements 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. 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. SECTION VI. OTHER STAFF COMMENTS City of Tigard Building Division has reviewed the proposal and offered the following comments: ♦ Fire hydrant approval by Fire Marshall. City of Tigard Operations Department has reviewed the proposal and offered the following comments: • Would like the water meter location out of driveway if possible. SECTION VII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL ON JUNE 6, 2001 AND BECOMES EFFECTIVE ON JUNE 21, 2001 UNLESS AN APPEAL IS FILED. Apeal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice 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. . NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 11 OF 12 • • • Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during. the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, subject to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JUNE 20, 2001. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. 1 June 6, 2001 PREPAR- ' : athew Sch-'• er DATE Assistant Planner June 6, 2001 APPROVED BY: Richard Bewersdo•' DATE Planning Manager i/cu rpin/mathew/mlp/mIp2001-00003.dec • NOTICE OF DECISION MLP2001-00003/POOLE PARTITION PAGE 12 OF 12 I ' S'ii- CITY of TIGARD��(� GEGG RAPHIC INFORMATION SYSTEM $*4 401 , VICINITY MAP• �NF,N . QP . . POOLE PARTITION - ♦ • . m200 i-0 0 003 LP ' $ ion WTI v,7* \-/4. , � �IJ vj i I . 4p4 . . II GRAN 0 • ,._LL CT SUBJECT LOT\I 44. 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Treat, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist I for the City of Tigard, Washington County, Oregon and that I served the following: (Coed Apaopriate Box(s)aebw} • ® NOTICE OF: PENDING APPLICATION FOR: l MLP2001-00003/POOLE PARTITION ❑ AMENDED NOTICE (TypefiGnd of Notice) (File No/Name Reference) (14-Day Comment Period) © City of Tigard Planning Director ❑ NOTICE OF TYPE II DECISION FOR:l7 AMENDED NOTICE (File No/Name Reference) ❑ City of Tigard Planning Director ❑ • NOTICE OF PUBLIC HEARING FOR: i7' ❑ AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council ❑ NOTICE OF FINAL ORDER FOR: ❑ AMENDED NOTICE (File No./Name Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICEISI of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit'B", n May 3. 2001, and deposited in the United States Mail on May 3, 2001, postage prepaid. A-91,4d. (Perso. that Prepared Notice) Subscribed and sworn/affirmed before me on the 3] day of VAA.c.1 , 20 UI . ....azi ..kf rcua_igt... ' NOTARY PUBLIC OF OREGON f �^ OFFICIAL SEAL • z:1,,,,-v--- ,:: SHERMAN S.CASPER•. My Commission Expires: r /3 7 j J °p"'''"' NOTARY PUBLIC-OREGON J •`;1) COMMISSION NO.323409 MY COMMISSION EXPIRES MAY 13,2003 NOTICE TO MORTGAGEE, LIENH•ER,VENDOR OR SELLER: • HIBIT A THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDEUTO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION apt,i-l� MINOR LAND PARTITION CITY OF TIGARD Community Development Shaping A Better Community DATE OF NOTICE: May 3,2001 FILE NUMBER: MINOR LAND PARTITION (MLP) 2001-00003 FILE NAME: POOLE PARTITION PROPOSAL: The applicant is requesting a Minor Land Partition to partition the existing 21,784.15 sq. ft. lot into 2 parcels consisting of 7,600 and 12,924.15 sq. ft. respectively. The remaining 1,260 square footage will be used for the access easement. The existing dwelling is to remain. ZONE: R-4.5 Low Density Residential. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. LOCATION: 13155 SW Grant Avenue; WCTM 2S102CB, Tax Lot 1300. YOUR RIGHT TO PROVIDE WRITTEN COMMENTS: Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT 5:00 PM ON MAY 17, 2001. All comments should be directed to Mathew Scheidegger, Assistant Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR JUNE 5, 2001. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED. WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION: ♦ Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; ♦ Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; ♦ Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. AFTER THE 14 DAY COMMENT PERIOLOSES, THE DIRECTOR SHALL ISSUE AE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAIL TO THE APPLICANT AND TO OWNERS 0 ECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: ♦ The application is accepted by the City ♦ Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. ♦ The application is reviewed by City Staff and affected agencies. • ♦ City Staff issues a written decision. ♦ Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments." CITY of TIGARD I t i' •S.44..9 VICINITY MAP 4.,. POOLE PARTITION WinMLP2001-00003 L4• ... I iI44s ,44*1 CT LOT`�� i ii fr 1111111111111111111111, olio "Him II- P11111101 * 4,00 IAt 14 1111 0 S ' t r , City of Tigard N �� 1J� tTt3SW Mtl223 �• ■16� . ._ate...•OAt. Gj Community Development Plot date:May 2,2001;C:4nagic\MAGIC03.APR • , 2S102CC-00500 2S t 026C-03500 EXT) lT 3 13500 PACIFIC CORP DILLAVOU DIANE BY CAP ADVISORS 13000 SW WATKINS AVENUE 38345 W TEN MILE RD STE 170 TIGARD,OR 97223 • FARMINGTON HILLS,MI 48335 102CB-07500 2S 102CB-01500 1351: •ACIFIC CO" DURDEL CHRISTOPHER C&MARGO L BY CAP •: .•RS 10425 SW PARK ST 38345 EN • E RD#170 TIGARD,OR 97223 F •MINGTON HIL -,MI 48335 2S 102CB-00302 2S 102C8-01600 ALADDIN MOTOR INNS EASTERLY JOSEPH H G&TONIA BY BENZENISTE IRVING 10395 SW PARK ST 10155 SW CAPITOL HWY TIGARD,OR 97223 PORTLAND,OR 97219 2S 10213C-04300 2S 102CB-00400 ALEXANDER CONSTRUCTION INC ELWELL JOHN A P 0 BOX 23562 10230 SW SCHOOL ST PORTLAND,OR 97223 TIGARD,OR 97223 2S 102CB-06100 2S 102CB-07300 ARNOLD LOURINDA J FERNANDO ANIL NIHAL KANWAR& 10455 SW GRANT CT ANNE ELIZABETH TIGARD,OR 97223 17549 OAK MEADOW LN LAKE OSWEGO,OR 97034 2S 102CB-01802 2S 1028C-04303 BAR-AM LLC FINKE ALEX BY SAMUEL'S JEWELERS P 0 BOX 23562 1416 THIRD AVE TIGARD,OR 97223 SEATTLE,WA 98101 2S 103DA-00400 2S 1028C-04305 BARRETT HARLEY E FINKE HANS C 13150 SW WATKINS AVE PO BOX 1565 TIGARD,OR 97223 WILSONVILLE,OR 97070 2S 1030A-00800 2S 1026C-04304 BRADEN ROBERT W&KATHLEEN J FINKE LOTTI 13175 SW WATKINS P 0 BOX 23562 TIGARD,OR 97223 TIGARD,OR 97223 2S 102BC-04301 2S 102CB-00900 CAMPBELL ROBERT W&MONA I TRS GARGER JERRY E 13025 SW GRANT AVE 13070 SW GRANT AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103DA-01100 2S 102CB-05800 COLE TERRI J GNAU MICHAEL F&ANGEL S 13075 SW WATKINS AVE 10395 SW GRANT CT TIGARD,OR 97223 TIGARD,OR 97223 • • 2S 1 o2BC-03400 •102C8-06500 GROAT RANDALL S&CAROLYN J HO •G AUTHOR! OF 13010 SW WATKINS WASHING ► • NTY TIGARD,OR 97223 111 N 1 COL• T#200-L SBORO,OR 97 24 2S 1030A-01000 2S 102C8-00600 HAMMES ALFRED J HELEN L HUTCHISON DENNIS E&ELKE E 13115 SW WATKINS AVE 10270 SW SCHOOL ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103DA-03100 2S 103DA-00300 HANSEN HARRIS H SARA J - JENSEN RON M&ERI K 10610 SW DERRY DELL 13120 SW WATKINS AVE TIGARD,OR 97223 TIGARD,OR 97223 • 2S103DA-00700 2S103DA-00900 HATCH JAMES S/MARCIEL J& KAMERMAN CHARLES M&LYNNE E HATCH KEVIN SCOTT TRUSTEES 13145 SW WATKINS 13205 SW WATKINS TIGARD,OR 97223 TIGARD,OR 97223 2S 102CB-01200 2S 102CB-01700 • HESS DAVID A&GAIL K KIMMEL KRISTA L 13170 SW GRANT AVE 10365 SW PARK STREET TIGARD,OR 97223 TIGARD,OR 97223 2S 102CB-00500 2S 103DA-00100 HILCHEN PAUL&LEANN LEPPER CHAD&MI YOUNG 10250 SW SCHOOL ST 13060 SW WATKINS AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 102CB-06200 2S 102C8-06400 HOROWITZ ALAN R AND MCCUSKER PATRICK J AND JUDITH BERMAN NANCY B 10475 SW GRANT COURT 10450 SW GRANT CT TIGARD,OR 97223 TIGARD,OR 97223 2S 102CB-05700 2S 102CB-01300 HOUSING AUTHORITY OF MCNALLY DWIGHT G&GAIL V WASHINGTON COUNTY 16515 SW UPPER BOONES FERRY RD 111 NE LINCOLN ST#200-L TIGARD,OR 97224 HILLSBORO,OR 97124 02CB-06300 2S 103DA-00200 HOUS •= AUTHORITY 0,,F MENDEZ JUDITH A WASHINGT•• !• TY 13090 SW WATKINS AVE 111 NE • OL' T#200-L TIGARD,OR 97223 BORO,OR 97 2S I2CB-06600 2S103DA-00600 HOUS `- •UTHORI F MEYER DUANE FRANCIS WASHINGT• •UNTY ANNIE ELIZABETH 111 N 'COL •T#200-L 13210 SW WATKINS AVE SBORO,OR 97 '• TIGARD,OR 97223 • . • 2S 103DA-00500 2S 102CB-06700 MIGUES RONALD P&DEBORAH R PACIFIC PROPERTIES GENERAL 13180 SW WATKINS AVE PARTNERSHIP PORTLAND,OR 97223 13200 SW PACIFIC HWY TIGARD,OR 97223 2S 102CB-00800 2S 102CB-00303 MIRANDA PEDRO& POORMAN JOHN AND MARTHA SOFIA 14243 NW EVERGREEN ST 12255 SW GREENBURG RD#17 PORTLAND,OR 97229 PORTLAND,OR 97281 2S 1 o2CB-06900 2S 102CB-01800 MISKA EDWARD P& PUBLIC STORAGE MISKA PHYLLIS MAE& INSTITUTIONAL FUND GADBAUGH WAYNE R DEPT PT-OR26410 745 THIRD ST PO BOX 25025 LAKE OSWEGO,OR 97034 GLENDALE,CA 91201 2S 102CB-07200 2S 102CB-00300 • MISKA EDWARD P&PHYLLIS M TRS R I C 21 LTD 745 3RD ST REALTY INCOME CORP LAKE OSWEGO,OR .97034 BY CSK AUTO INC PROP MGMT• 645 E MISSOURI AVE#400 PHOENIX,AZ 85012 2S 102CB-07400 2S 102CB-00700 MOAR PATRICIA C TRUSTEE REYNOLDS ROBERT W&SHARON J 4114 SW FLOWER ST 28665 SW PAWNEE LOOP • PORTLAND,OR 97221 WILSONVILLE,OR 97070 3DA-04702 102CB-00200 MOAR ' • RICI• - -USTEE SC L DIS CT NO.23 4114S • • ERST , 0 13:-TLAND,OR • 1 • 1030A-04701 2S 102CB-05900 MOA' '• RICIA 'USTEE SHEA JAMES C JR&SUSAN K& 4114 S •' R ST SHEA JAMES P SR&CATHERINE A •-TLAND,OR 9 • 10405 SW GRANT CT TIGARD,OR 97223 • 2S 102CB-07100 2S 102CB-06000 NGUYEN MY DUNG ANNA&HAI M SMITH DEBBIE C 10453 SW PARK ST 10435 SW GRANT CT TIGARD,OR 97223 TIGARD,OR 97223 2S 1 o2CB-01100 2S102CB-06801 O'CONNOR S CASEY SOLIS EDGAR TRUSTEE 13150 SW GRANT AVE PO BOX 231193 TIGARD,OR 97223 TIGARD,OR 97281 2S 102CB-02300 2S102BC-04302 PACIFIC PROPERTIES SPRINGER KATHERINE P BY MARTIN JOHNSON PO BOX 5995 13200 SW PACIFIC HWY BEAVERTON,OR 97007 TIGARD,OR 97223 • • 2S102CB-01000 SWEET JEFF 18205 SW BOONES FERRY RD STE A PORTLAND,OR 97224 2S 103DA-04600 TROSEN DAVID S/LEANNA M 10570 SW PARK ST TIGARD,OR 97223 2S103DA-04800 URL JOY B 13370 SW WATKINS TIGARD,OR 97223 2 103DA-04700 URL B 13370 INS I RD,OR 97223 2S 102CB-01804 WEBER COASTAL BELLS LIMITED WEBER EDUARD 840 CONGER ST EUGENE,OR 97402 2S 102CB-01901 WEBER COASTAL BELLS LTD PTNRSHP PO BOX 23408 EUGENE,OR 97402 2S 103DA-04500 WEESE TERRY&DORI 10600 SW PARK ST TIGARD,OR 97223 2S 103DA-03201 WINTERS GERRY L 10625 SW PARK ST TIGARD,OR 97223 • Debra Seeman CITY OF TIGARD 13372 SW Clearview Way CENTRAL CIT SUBCOMMITTEE Tigard, OR 97223 Mary Skelton 10355 SW Walnut Street is\curpin\setup\labels\CIT Central.doc UPDATED: 9-Jan-01 Tigard, OR 97223 Kathleen Anderson 12132 SW Lansdowne Lane Tigard, OR 97223 Jack Biethan 11043 SW Summerfield Drive, Apt. #3 Tigard, OR 97224-3376 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Suzanne Riles 13215 SW Genesis Loop Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Mary Lindquist 11565 SW Walnut Street Tigard, OR 97223 Christine Garsteck 11774 SW 125th Court Tigard, OR 97223 • A, • REQUEST FOR COMMENTS CITE IIGARD Community Development Shaping A Better Community DATE: May 3,2001 TO: Per Attached FROM: City of Tigard Planning Division STAFF CONTACT: Mathew Scheidegger,Assistant Planner tx 3111 Phone: 15031639-4171/Fax: 15031684-7291 F7. ,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,0,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,U,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,U,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O,O� MINOR LAND PARTITION[MLR 2001-00003 ➢ POOLE PARTITION REQUEST: The applicant is requesting a Minor Land Partition to partition the existing 21,784.15 sq. ft. lot into 2 parcels consisting of 7,600 and 12,924.15 sq. ft. respectively. The remaining 1,260 square footage will be used for the access easement. The existing dwelling is to remain. LOCATION: 13155 SW Grant Avenue; WCTM 2S102CB, Tax Lot 1300. ZONE: R-4.5 Low Density Residential. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18. 390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan,Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: May 11,2001. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. _ Please contact of our office. _ Please refer to the enclosed letter. Written comments provided below: v I � (Please provide the following information) Name of Persontsl Commenting: Phone Numberisl: CITYaF TIGARD REQUEST FOR COI ENTS NOTIFICATION LI FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATION_S/// FILE NOS.: GG*L�1—�/ 00 FILE NAME: -e Tt�'a5-2,L I CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO CIT AREA:' @central DEast ['South ['West @Proposal Descrip.in Library CIT Book CITY OFFICES ONG RANGE PLANNING/Nadine Smith,Supervisor COMMUNITY DVLPMNT.DEPT/Planning-Engineering Techs. POLICE DEPTJJim Wolf,Crime Prevention Officer BUILDING DIVISION/Gary Lampella,Building Official _57-ENGINEERING DEPT/Brian Rager,Dvlpmnt.Review Engineer4WATER DEPTJDennis Koellermeier,Operations Mgr. CITY ADMINISTRATION/Cathy Wheatley,City Recorder PUBLIC WORKS/John Roy,Property Manager "PUBLIC WORKS/Matt Stine,Urban Forester 7 PLANNER-TIME TO POST PROJECT SITE IF A PUBLIC HEARING ITEM! SPECIAL DISTRICTS TUAL.HILLS PARK&REC.DIST.*X TUALATIN VALLEY FIRE&RESCUE* eq-TUALATIN VALLEY WATER DISTRICT* _ UNIFIED SWRGE.AGENCY Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington.County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE JURISDICTIONS CITY OF BEAVERTON* _ CITY OF TUALATIN* _OR.DEPT.OF FISH&WILDLIFE _OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager 2501 SW First Avenue 775 Summer Street NE _ Irish Bunnell,Devebpment Services PO Box 369 PO Box 59 Salem,OR 97301-1279 PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Beaverton,OR 97076 OR.PUB.UTILITIES COMM. METRO-LAND USE&PLANNING * _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM* 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 • PO Box 23483 _ Carol Hall,Data Resource Center(ZCA) US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _ Paulette Allen,Growth Management Coordinator _OR.DEPT.OF LAND CONSERV.&DVLP_333 SW First Avenue Mel Huie,Greenapaces Coordinator(CPArzoA) Larry French(Comp.Plan Amendments Only) PO Box 2946 —CITY OF KING CITY* _ Jennifer Budhabhatti,Regional Planner(weuands) 635 Capitol Street NE,Suite 150 Portland,OR 97208-2946 City Manager _ C.D.Manager,Growth Management Services Salem,OR 97301-2540 15300 SW 116th Avenue WASHINGTON COUNTY King City,OR 97224 _ OR.DEPT.OF ENERGY(Powerlines in Area) _OREGON DEPT.OF TRANS.(ODOT) Dept.of Land Use&Transp. Bonneville Power Administration Aeronautics Division 155 N:First Avenue _CITY OF LAKE OSWEGO* Routing TTRC-Attn: Renae Ferrera Tom Highland,Planning Suite 350,MS 13 • Planning Director PO Box 3621 3040 25th Street,SE Hillsboro,OR 97124 PO Box 369 Portland,OR 97208-3621 Salem,OR 97310 _Brent Curtis(CPA) Lake Oswego,OR 97034 _Gregg Leion(cPA) _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 * _Anne LaMountain(IGNuRB) _CITY OF PORTLAND (Notify for Wetlands and Potential Environmental Impacts) _Sonya Kazen,Devebpment Review Coordinator Phil Healy(IGAAJRB) David Knowles,Planning Bureau Dir. Regional Administrator _Carl Toland, Right-of-Way Section(Vacations) `Steve Conway(General Apps.) Portland Building 106,Rm. 1002 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Sr.Cartographer tcPAacAt1.15 14 1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 _Jim Nims(ZCA)MS 15 Portland,OR 97204 _Doria Mateja(ZCA)Ms 14 —ODOT,REGION 1 -DISTRICT 2A Jane Estes,Permit Specialist • • 5440 SW Westgate Drive,Suite 350 Portland,OR 97221-2414 • • UTILITY PROVIDERS AND SPECIAL AGENCIES . • _PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington Northem/Santa Fe R/R Predecessor) Robert I.Melbo,President&General Manager 110 W.10th Avenue Albany,OR 97321 —SOUTHERN PACIFIC TRANS.CO.R/R _METRO AREA COMMUNICATIONS _TCI CABLEVISION OF OREGON _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer(Annexations only) Pat McGann (If Project Is Within%Mile of A Transit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 p9 PORTLAND GENERAL ELECTRIC i2e NW NATURAL GAS COMPANY _VERIZON _ QWEST COMMUNICATIONS Jim VanKleek,Svc.Design Consultant Scott Palmer Ken Perdue,Engineering Richard Jackson,Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 TIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _ — TCI CABLE(Apps.E.ofHaWN.of99W) Marsha Butler,Administrative Offices Jan Youngquist,Demographics&Planning Dept. Diana Carpenter 13137 SW Pacific Highway 16550 SW Merlo Road 3500 SW Bond Street . Tigard,OR 97223 Beaverton,OR 97006-5152 Portland,OR 97232 * INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500' OF THE SUBJECT PROPERTY FOR ANY/ALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). h:lpatty'rnaslers\Request For Comments Notification List 2.doc (Revised: 24-Apr-01) P•OP4 •1 ' N/ CITY of TIGARD' ' . (� GEOGRAPHIC INFORMATION SYSTEM ■diIiiiiII4 iir• 0 " • • jallio'-1 WA no 33333 510 • FOR: Phil/Darlene Poole n nos O71C011 �, nnllttt nte111: n} """"" RE: 2S 102CB, 01300 nvnulta " mesas n10l.ln,Oe nU71100,1 {I ' (13155 Grant Ave.) I wwtue GRAN •txu JII ?!LL ,■' " li,o11um 1$T" 1$n1111r 1$lolaw .metcoul, PARK ST PARK ST no "11111111T m011n{I° nnteel"11 tfen101{° Sn11/N71! nN1C1{1$01 nn}CIIf7/1- n,� 1501 , ■:::: rn It nnntson\ • COOK LN V / '■ mansion 0 ' a . nt:tet:u:t .rz 1 % \ 0.*: $1 I I I j lir, . 1 I 1 I 111111 al OV$ w, l • nitneIn11 VIII/ 01op,. , 0 100 200 300 400 500 Feet �.• 1"=383 feet _ :.sVEN •1 •At 0 1 Alt° City of Tigard I „ .'• Information on this map is for general location only and �O♦ , should be verified with the Development Services Division. PARK PL nothir Alm 73125,O Hall Blvd I I I ' m Tigard,OR 97223 m IIIV Ilk Q • Tigard, www c3.9tigard.orms Community Development Plot date:Mar 13,2001;C:\magic\MAGIC03.APR i • 2S 102CC-00500 • 2S 102BC-03500 13500 PACIFIC CORP DILLAVOU DIANE BY CAP ADVISORS 13000 SW WATKINS AVENUE 38345 W TEN MILE RD STE 170 TIGARD,OR 97223 FARMINGTON HILLS, MI 48335 - 102CB-07500 2S102CB-01500 1351: 'ACIFIC CO" DURDEL CHRISTOPHER C&MARGO L BY CAP :.-S 10425 SW PARK ST 38345 EN E RD#170 TIGARD,OR 9722.3 F• 'MINGTON HIL ,MI 48335 2S102CB-00302 2S102CB-01600 ALADDIN MOTOR INNS EASTERLY JOSEPH H G&TONIA BY BENZENISTE IRVING 10395 SW PARK ST 10155 SW CAPITOL HWY TIGARD,OR 97223 PORTLAND,OR 97219 2S1028C-04300 2S102CB-00400 • ALEXANDER CONSTRUCTION INC ELWELL JOHN A P 0 BOX 23562 10230 SW SCHOOL ST PORTLAND,OR 97223 TIGARD,OR 97223 2S 102CB-06100 2S 102CB-07300 ARNOLD LOURINDA J FERNANDO ANIL NIHAL KANWAR& 10455 SW GRANT CT ANNE ELIZABETH TIGARD,OR 97223 17549 OAK MEADOW LN LAKE OSWEGO,OR 97034 2S 102CB-01802 2S 102BC-04303 BAR-AM LLC FINKE ALEX BY SAMUEL'S JEWELERS P 0 BOX 23562 1416 THIRD AVE TIGARD,OR 97223 SEATTLE,WA 98101 2S 103DA-00400 2S 102BC-04305 BARRETT HARLEY E FINKE HANS C 13150 SW WATKINS AVE PO BOX 1565 TIGARD, OR 97223 WILSONVILLE,OR 97070 2S 103DA-00800 2S 102BC-04304 BRADEN ROBERT W&KATHLEEN J FINKE LOTTI 13175 SW WATKINS P O BOX 23562 TIGARD,OR 97223 TIGARD,OR 97223 2S 102BC-04301 2S 102CB-00900 CAMPBELL ROBERT W&MONA I TRS GARGER JERRY E 13025 SW GRANT AVE 13070 SW GRANT AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 103DA-01100 2S 102CB-05800 COLE TERRI J GNAU MICHAEL F&ANGEL S 13075 SW WATKINS AVE 10395 SW GRANT CT TIGARD,OR 97223 TIGARD,OR 97223 • • is1028 C-03400 .1 o2CB-06500 GROAT RANDALL S&CAROLYN J HO •G AUTHORI 0 OF 13010 SW WATKINS WASHING :► •• NTY TIGARD,OR 97223 111 N 'COL• T#200-L SBORO,OR 97 24 2S 103DA-01000 2S 1 o2CB-00600 HAMMES ALFRED J HELEN L HUTCHISON DENNIS E&ELKE E 13115 SW WATKINS AVE 10270 SW SCHOOL ST TIGARD,OR 97223 TIGARD,OR 97223 2S 103DA-03100 2S 103DA-00300 HANSEN HARRIS H SARA J JENSEN RON M&ERI K 10610 SW DERRY DELL 13120 SW WATKINS AVE, TIGARD,OR 97223 TIGARD,OR 97223 2S 103DA-00700 2S 103DA-00900 HATCH JAMES S/MARCIEL J& KAMERMAN CHARLES M&LYNNE E HATCH KEVIN SCOTT TRUSTEES 13145 SW WATKINS 13205 SW WATKINS TIGARD,OR 97223 TIGARD,OR 97223 2S102CB-01200 2S102CB-01700 HESS DAVID A&GAIL K KIMMEL KRISTA L 13170 SW GRANT AVE 10365 SW PARK STREET TIGARD,OR 97223 TIGARD,OR 97223 2S102CB-00500 2S103DA-00100 HILCHEN PAUL&LEANN LEPPER CHAD&MI YOUNG 10250 SW SCHOOL ST 13060 SW WATKINS AVE TIGARD,OR 97223 TIGARD,OR 97223 2S 102CB-06200 2S 102CB-06400 HOROWITZ ALAN R AND MCCUSKER PATRICK J AND JUDITH BERMAN NANCY B 10475 SW GRANT COURT 10450 SW GRANT CT TIGARD,OR 97223 TIGARD,OR 97223 2S 102CB-05700 2S 102CB-01300 HOUSING AUTHORITY OF MCNALLY DWIGHT G&GAIL V WASHINGTON COUNTY 16515 SW UPPER BOONES FERRY RD 111 NE LINCOLN ST#200-L TIGARD,OR 97224 HILLSBORO,OR 97124 02CB-06300 2S 103DA-00200 HOUS • AUTHORITY it F MENDEZ JUDITH A WASHINGT•• • • TY 13090 SW WATKINS AVE 111 NE • OL• T#200-L TIGARD,OR 97223 BORO,OR 97 -• 2S •2CB-06600 2S103DA-00600 HOUS • •UTHORI i F MEYER DUANE FRANCIS WASHINGT•► '•LINTY ANNIE ELIZABETH 111 N 'COL •T#200-L 13210 SW WATKINS AVE SBORO,OR 9 TIGARD,OR 97223 • • 2S 103DA-00500 2S 102CB-06700 MIGUES RONALD P.&DEBORAH R PACIFIC PROPERTIES GENERAL 13180 SW WATKINS AVE PARTNERSHIP PORTLAND,OR 97223 13200 SW PACIFIC HWY TIGARD,OR 97223 2S 102CB-00800 2S 102CB-00303 MIRANDA PEDRO& POORMAN JOHN AND MARTHA SOFIA 14243 NW EVERGREEN ST 12255 SW GREENBURG RD#17 PORTLAND,OR 97229 PORTLAND,OR 97281 2S 102CB-06900 2S 102CB-01800 MISKA EDWARD P& PUBLIC STORAGE MISKA PHYLLIS MAE& INSTITUTIONAL FUND GADBAUGH WAYNE R DEPT PT-OR26410 745 THIRD ST PO BOX 25025 LAKE OSWEGO,OR 97034 GLENDALE,.CA 91201 2S102CB-07200 2S102CB-00300 MISKA EDWARD P&PHYLLIS M TRS R I C 21 LTD 745 3RD ST REALTY INCOME CORP LAKE OSWEGO,OR 97034 BY CSK AUTO INC PROP MGMT 645 E MISSOURI AVE#400 PHOENIX,AZ 85012 2S 102CB-07400 2S 102CB-00700 MOAR PATRICIA C TRUSTEE REYNOLDS ROBERT W&SHARON J 4114 SW FLOWER ST 28665 SW PAWNEE LOOP PORTLAND,OR 97221 WILSONVILLE,OR 97070 •3DA-04702 102CB-00200 MOAR ' ' RICI• _ 'USTEE SC L DIS CT NO.23 4114SA - ER ST , 0 ':'TLAND,OR • 1 03DA-04701 2S 102CB-05900 MOA- '• RICIA 'USTEE SHEA JAMES C JR&SUSAN K& 4114 S •V• R ST. SHEA JAMES P SR&CATHERINE A •-TLAND,OR 9 10405 SW GRANT CT • TIGARD,OR 97223 2S 102CB-07100 2S 102CB-06000 NGUYEN MY DUNG ANNA&HAI M . SMITH DEBBIE C 10453 SW PARK ST 10435 SW GRANT CT TIGARD,OR 97223 TIGARD,OR 97223 2S 102CB-01100 2S 102CB-06801 O'CONNOR S CASEY SOLIS EDGAR TRUSTEE 13150 SW GRANT AVE PO BOX 231193 TIGARD,OR 97223 TIGARD,OR 97281 2S102CB-02300 2S1028C-04302 PACIFIC PROPERTIES SPRINGER KATHERINE P BY MARTIN JOHNSON PO BOX 5995 13200 SW PACIFIC HWY BEAVERTON,OR 97007 TIGARD,OR 97223 • • 2S 102CB-01 000 SWEET JEFF 18205 SW BOONES FERRY RD STE A PORTLAND,OR 97224 2S103DA-04600 TROSEN DAVID S/LEANNA M 10570 SW PARK ST TIGARD,OR 97223 2S 103DA-04800 URL JOY B 13370 SW WATKINS TIGARD,OR 97223 103DA-04700 URL B 13370 INS RD, OR 97223 2S 1 o2CB-01804 WEBER COASTAL BELLS LIMITED WEBER EDUARD 840 CONGER ST EUGENE,OR 97402 • 2S 1 o2CB-01901 WEBER COASTAL BELLS LTD PTNRSHP PO BOX 23408 EUGENE,OR 97402 2S 103DA-04500 WEESE TERRY&DORI 10600 SW PARK ST TIGARD,OR 97223 • 2S 103DA-03201 WINTERS GERRY L 10625 SW PARK ST TIGARD,OR 97223 • . • • Debra Seeman CITY OF TIGARD 13372 SW Clearview Way CENTRAL CIT SUBCOMMITTEE Tigard, OR 97223 Mary Skelton 10355 SW Walnut Street is\curpin\setup\labels\CIT Central.doc UPDATED: 9-Jan-01 Tigard, OR 97223 Kathleen Anderson 12132 SW Lansdowne Lane Tigard, OR 97223 Jack Biethan 11043 SW Summerfield Drive, Apt. #3 Tigard, OR 97224-3376 Don & Dorothy Erdt 13760 SW 121st Avenue Tigard, OR 97223 Suzanne Riles 13215 SW Genesis Loop Tigard, OR 97223 Ellen Beilstein 14630 SW 139th Avenue Tigard, OR 97224 Mary Lindquist 11565 SW Walnut Street Tigard, OR 97223 Christine Garsteck 11774 SW 125th Court Tigard, OR 97223 • CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT A,IV! PLANNING DIVISION CITY OF TIGARD Community rDevefopment 13125 SW HALL BOULEVARD S(zapingfi getter Community TIGARD, OREGON 97223 PHONE: 503-639-4171 FAX: 503-684-7297(Attn: Patty or Shirley/Planning) REQUEST; IOK:.4O ?OO_T l '�OPERTY' OWNER MAIUNGI Si Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (.e. IS134AB,Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW and INCLUDE A MAP OF ALL LOTS FOR THE PROJECT (preferably assessor's tax map): Lof /300 5C/I (iy�IMNS S. 0750 ID, / 3155 SG-) C r ia- N -" A4f • c /3 Q J 3 d � INDICATE WHETHER YOU ARE REQUESTING 2 OR 3 SETS OF LABELS: o"? 4 (NOTE: A minimum of 2 sets of labels will be provided to place on your 2 sets of envelopes that applicants are required to submit at the time of application submittal. If a neighborhood meeting is required and you have not yet held that meeting,you should request 3 sets) NAME OF CONTACT PERSON: ph ;( par P0(e PHONE: ..CO 3 This request may be mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person will be called to pick up their request in "Will Call" by their last name, at the Community Development Reception Desk. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: • $11 to generate the mailing list, plus $2 per sheet for printing the list onto labels (20 addresses per sheet). Then, multiply the cost to print one set of labels by the number of sets requested. *EXAMPLE* * * COST FOR THIS REQUEST * * _4_sheets of labels x$2/sheet = 8.00 x 2_sets = $16.00. sheet(s)of labels x$2/sheet = $ x sets = 2_sheets of labels x$2/sheet for(IT area x 2 sets = $ 4.00 ! sheet(s) of labels x$2/sheet for IT area = $ a x a sets _ GENERATE IICT = tl!n0 GENERATE LIST = $ IuIAL = $31.00 ( TOTAL = Receipt #: 27200100000000001078 , !'�.... Date: 03/14/2001 T I D E M A R K COMPUTER SYSTEMS, INC. Line Items: Case No Tran Code Description Revenue Account No. Amount Due RECEXP Recovered Expenditures(labels)-31.0000 @$1.00 100-0000-479000 $31.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Cash DARLENE POOLE 0 0 $40.00 Change DARLENE POOLE 0 0 ($9.00) TOTAL AMOUNT PAID: $31.00 • O AaiddidE d: I IX CITY OF TIGARD OREGON May 2, 2001 Philip and Darlene Poole P.O. Box 280 Tualatin, OR 97062 Dear Mr. and Mrs. Poole: The City has reviewed your submittal material and finds that your application is complete as of May 1, 2001. Staff will now review your application for a Land Partition. A decision will be rendered within 5-6 weeks. I am available to answer questions and otherwise assist you as may be required at 503- 639-4171, extension 317. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. If.I am not available, please leave your name and phone number so that I can call you as soon as possible. Sincerely Mathew Scheidegg d/ Assistant Planner i:\curpin\mathew\mIp2001-00003.acc.acc c: MLP2001-00003 Land Use File 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 � April 23, 2001 �uag4 �'�I+ CITY OF TIGARD Philip and Darlene Poole OREGON P.O. Box 280 Tualatin, OR 97062 RE: Notice of Incomplete Submittal — MLP2001-00003 Dear Mr. and Mrs. Poole: The City has received your application to partition 1 lot into 2. After a review of your submittal, staff has deemed your application submittal as incomplete. In order for staff to proceed, the following materials will need to be submitted: • Nine (9) additional copies of the narrative. Only three copies were submitted and you have not addressed any of the criteria mentioned at your pre-application meeting, (i.e. land partition, access/egress, density computation, environmental performance, landscaping and screening, tree removal, tree mitigation, visual clearance, street and utility improvements. • Nine (9) additional copies of the site plan. • Impact study. As 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, water and sewer systems, 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 system, 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. Once the required information has been submitted, staff can deem the application complete and begin the review process. An application is reviewed for compliance with all standards in effect at the time the application is deemed complete. If you have any questions regarding your application or if I can answer any other questions, please don't hesitate to contact me at (503) 639-4171, x317. Sincerely, athew Scheidegger Assistant Planner is\curpin\mathew\ml p2001-00003 c: MLP2001-00003 Land Use File 13125 SW Hall Blvd., Tigard; OR 97223 (503)639-4171 TDD (503)684-2772 • 0 . LAND PARTITION Aliki. .itiliiii TYPE II APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX:(503) 684-7297 GENERAL INFORMATION /' PRE-APP. HELD WITH: k510. Property Address/Location(s): /3)5 r W S1 v,` (T�an9- A/ DATE OF PRE-APP.- o/l g iU ll Tax Map &Tax Lot#(s): 13 0 0 A. FORSSTAFF USE ONLY a 51 0 C-B — 0 1300 _y p Case No(s):±`i 1 LP I"1'`�O 000.,: Site Size: 0 5Crac re. 0 , L.CD CAS.�p_ . ` 124 � Other Case'No s Property Owner/Deed Holder(s)*: !Receipt'No. i _ n- Address: Phone:_c03-So99.- �c' Application" 'ccepted,By (1 , , Dale:"i .3['.$ A 4 .. ' ... . . City: %'c.],Y) Zip: 9706a i' ` Applicant*: PAiii4 /144/e Poole " / D--ate Determined'Complete Address: pQ, BOX ,.. .;g0 Phone: Jl3-S42-9S9S . ... .. :-.R.ev /11/201 p-;;is\c rpin\mastesevise1Nana;rtdoc . . . . ..:., City: .- a/Q.Tih Zip: 97064 . ¢ X03 -�19-�(�O C.ori-l-a.cf � tf: 7 J, ilvei4 rgh lL- CGO 383-s90-t om *When the owner and the applicant are different people, the applicant " REQUIRED SUBMITTAL ELEMENTS must be the purchaser of record or a lessee in possession with written (Note: applications will be accepted authorization from the owner or an agent of the owner with written without the required submittal elements) authorization. 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. [' Application VOwner's Signature/Written Authorization PROPOSAL SUMMARY 11 1 Titie Transfer Instrument or Deed The owners of record of the subject property request permission to E t Copy of Pre-Application Conf. Notes allow a Land Partition to: L [' Site/Plot Plan 7 q divide 1 r (#of copies based on pre-app check list) / / 0 7' �� into u_JO d Site/Plot Plan (reduced 8'/:"x 11") (tott/al area) (#of parcels) L containing ` 6Olu C and ,� l I�' Or' in�easemen I Applicant's Statement ft. or acres s . ft. or acres) (#of copies based on pre-app check list) ® USA Sewer Use Information Card (Distributed/completed at application submittal) (provide any additional information here) SA Service Provider Letter KI/2 Sets of Pre-Addressed/Pre-Stamped #10 Envelopes & Copy of 500' Property Owner List Generated by the City p Filing Fee (City) $ 780.00 (Urban) $2,480.00 • 1 , 0 - • , List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application: 1 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 any deed restrictions that may be attached to or imposed upon the subject property, • 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. DATED this /07-i day of 11/. . .. __ 20 0/ 11 7 ; & iak ga-1-4•_G V____ p....ii,.. Owner's Si•,' ature Owner's Signature / Own Signa ure l Q l/ Owner's Signature 2 Receipt #: 27200100000000001230 Date: 03/23/2001 T I D E M A R K COMPUTER SYSTEMS, INC, Line Items: Case No Tran Code Description Revenue Account No. Amount Due MLP2001-00003 [LANDUS]MLP Application Fee 100-0000-438000 $780.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Check DARLENE POOLE 0 7606 $780.00 TOTAL AMOUNT PAID: $780.00 assessor . txt Assessor Information Tax Lot Number: 2S102CB01300 Property Address : 13155 SW GRANT AVE Mailing Information: MCNALLY, DWIGHT G & GAIL V 16515 SW UPPER BOONES FERRY RD TIGARD • 97224 Assessor Taxlot Size : 0 .46 (Acres) Building Square Footage : 1391 (Square Feet) Assessed Land Value : $116800 Assessed Building Value : $43630 Total Assessed Value : $160430 Last Sale Date : 11/22/99 Sale Price : $110000 . 00 • Page 1 A • FINAL AGENCY ACKNOWLEDGMENT• Buyer and Seller hereb acknowledge and consent to the following agency relationships in this transaction: 1 r (1) I (Selling Licensee) and/�pp 4 k?s 6A1).." . (Selling Firm) are agents of (check one): 2 E CA o U the Buyer exclusively("b yer agency").0 the Seller exclusively("seller agency or subagency"). oth the Seller and the Buyer("in-company transaction"). 3 o ¢ ( . . L� _ I. _. - _ (Listing Licensee)and firer 04•.�s �" a •.� (Listing Firm)are the agents 4 of(check one):0 the Selle exclusively.; both the Seller and the Buyer("in-company transaction"). 5 as 72 a Buyer shall sign this acknowledgment at the time of signing this Agreement before submission to Seller.Seller shall sign this acknowledgment at the time this 6 " ° Agreement is first submitted to Seller,even if this Agreement will be rejected or a counter offer will be made.Seller's signature to this Final Agency Acknowledgment 7 J shall not c••stitute acceptanc.f the Agreement or any terms therein. '7 8 7( Buyer / i 0 • 41 Print / .i A �_ r_ - Date oc . 4. 9 1 / Buyer , / �i Print n / / i// Date n, U 10 Sell-Wi. !Print ( IJ II Ci;�L{` Date ZED 4- 11 Seller Print Date 4■ 12 REAL ESTATE SALE AGREEMENT 13 Upon signature by Seller and Buyer,this Agreement is a legal and binding contract. 14 If not understood,seek competent legal advice before signing. 15 DEFINITIONS:All references in this Agreement to"licensee"or"firm"shall refer to real estate agents and their brokerages,respectively,licensed in the State 16 of Oregon,pursuant to ORS Chapter 696. 17 o Buyer(print name(s)) 7 "/> 4. u' Lai• �,P.t e ?c,,/e ,offers to purchase 18 a from Seller (print name(s)) 3p/lid /tfQ 44 /4# , the following 19 odescribed real property (hereinafter"the Property") situated in the County of ej�,,j•,4,� ,�,._ , State of Oregon, (legal description) 20 ,and commonly known as(street address) /3/fr'S.4.9 6/'c... f At✓ 21 a -77(9,r, N' e/• 97.7i 3 22 fortKe purchase price(in U.S.currency)of A$ '&q, 00 0 23 on the following terms:Earnest money herein receipted for B$ Sere r 24 on as additional earnest money,the sum of C$ 25 at or before closing,the balance of down payment D$ /9,S'00 26 at closing and upon delivery ofp DEED 0 CONTRACT the sum of(Lines B,C,D and E must equal Line A) E$ /OO, o po 27 Payable as follows: S'p I,(.a 174 10 �,tr,.e,Adse••• Q. `J,teis•w it . y gee X'��,4. 7'�"f . /4.,.d - 28 4ave p4e•4 y,r / J 4 29 For additional details,see Addendum 30 BUYER REPRESENTS THAT: Buyer has sufficient funds available to close this transaction in accordance with this Agreement and is not relying on any 31 m contingent source of funds unless otherwise disclosed in writing herein. 32 m ,a2 IF A NEW LOAN IS REQUIRED,THIS TRANSACTION IS SUBJECT TO BUYER AND PROPERTY QUALIFYING FOR THE LOAN.Buyer agrees to make 33 c. written loan application not later than 5 business days from date this Agreement is signed by Seller and Buyer,complete necessary papers,and exert best 34 CC efforts,including payment of all application,appraisal and processing fees,in order to procure the loan. 35 m REQUIRED REPAIRS:Seller agrees to pay a total of not more than$ for repairs identified in any inspections requested herein by Buyer 36 and/or for any repairs identified by lender as a condition to granting B er's loan. 37 CC cr TITLE INSURANCE:Unless otherwise provided herein,this transaction is subject to Buyer's review and approval of a preliminary title report and the recorded 38 covenants,conditions and restrictions("the report and CC&Rs")showing the condition of title to the Property.Upon execution of this Agreement by all parties, 39 Seller will,at Seller's sole expense,promptly order the report and CC&Rs from an Oregon title insurance company and furnish them to Buyer.Upon receipt of 40 the report and CC&Rs,Buyer shall have ..6.- business days(five(5)if not filled in)within which to notify Seller,in writing,of any matters disclosed in the report 41 N ° n and CC&Rs which is/are unacceptable to Buyer("the objections").Buyer's failure to timely object, in writing,to any matters disclosed ih the report and/or 42 i_ 7) CC&Rs shall constitute acceptance of the report and/or CC&Rs.If,within S business days(five(5)if not filled in)following receipt of the objections,Seller fails 43 to remove or correct the matters identified in the objections,or does not give written assurances reasonably satisfactory to Buyer that they will be removed or 44 corrected prior to the closing date,all earnest money shall be promptly refunded to Buyer and this transaction shall be of no further binding effect between Seller 45 and Buyer.Within thirty(30)days after closing,Seller shall furnish to Buyer an owner's standard form policy of title insurance insuring marketable title in the 46 Property to Buyer in the amount of the purchase price,free and dear of the objections and all other title exceptions agreed to be removed as part of this transaction. 47 ©2001, No portion may be reproduced without express permission of Oregon Sale Agreement i�¶r-t R .L h l Real Estate Forms, LLC, a wholly-owned subsidiary of the Eugene, Portland �[QJ/; (/' �/ Metropolitan and Oregon Associations of REALTORS® Buyer InitidiS"` Date 0 OREF 001-1 Rev.02/01 REAL ESTATE SALE AGREEMENT-Page 1 of 6 Seller Initial--W ate*.j ADDITIONAL a .a` AjD ITIONAL PROVISIONS:D ct✓ 5-4 "��` / ap,i i e / /Q .d ) +'• -.� s.ic.44$0.,e•.44$0.,e•-• 48 7b / ! 4 /2L 49 s dt 1Ae_A Te,0—v /' / 0/ i ) /.e`7,0 c/ay/f; 50 For additional provisions,see Addendum 51 Unless otherwise herein provided, marketable title to the Property is to be conveyed by statutory warranty deed (or good and sufficient personal 52 representative or trustee's deed,where applicable)free and clear of all liens and encumbrances of record,except property taxes,which are a lien but 53 • not yet payable,zoning ordinances,building and use restrictions,reservations in Federal patents,easements of record which affect the Property or area 54 in which the Property is located, private covenants, conditions and restrictions of record for the development of which the Property is a part, 55 and 4,4y •q end? 0 • 56 • FIXTURES:All fixtures are to be left upon the Property.Fixtures shall include but not be limited to:Built-in appliances;attached floor coverings;drapery 57 rods and curtain rods;window and door screens;storm doors and windows;system fixtures(irrigation,plumbing,ventilating,cooling and heating);water 58 heaters;attached electric light and bathroom fixtures;light bulbs;fluorescent lamps; installed garage door opener(s) with remote control(s);window 59 blinds;awnings;fences;all planted shrubs,plants and trees;EXCEPT: /l0 . Kee lia 5 60 • PERSONAL PROPERTY:The following personal property,in"AS-IS"condition and at no stated value is included: 61 N a 62 as E ALARM SYSTEM: ONE U OWNED U LEASED. If leased, Buyer U will U will not assume the lease at closing.Approximate monthly lease 63 a payment is$,ofa7t_Q 64 BUYER UNDERSTANDS THAT SELLER MAKES THE FOLLOWING REPRESENTATIONS: 65 (1)The above dwelling is connected to(check all that apply) ublic sewer system; U an on-site sewage system;public water 66 o system; ❑ a private well. (2) At the earlier of possession or closing date, the dwelling will have an operating smoke detector as 67 required by law.(3)Seller has no knowledge of any hazardous substances on the Property other than substances(if any)contained in 68 Tv n 2 appliances and equipment.(4)Seller knows of no material structural defects.(5)All electrical wiring,heating,cooling,plumbing and 69 Qirrigation equipment and systems and the balance of the Property,including the yard,will be in substantially its present condition at 70 the time Buyer is entitled to possession.(6)Except as disclosed in writing Seller has no notice of any liens to be assessed against the 71 Property. (7) Seller has no notice from any governmental agency of any violation of law relating to the Property. (8) If specially 72 assessed,Seller represents that the property is current as to Income or other conditions required to preserve its deferred tax status. 73 (9)Seller agrees to promptly notify Buyer if,prior to closing,Seller receives actual notice of any event or condition which could result 74 in making any previously disclosed material information relating to the Property substantially misleading or incorrect. These 75 representations are based upon Seller's actual knowledge. Seller has made no investigations. Exceptions to items (1) through (9) 76 are: 4O dyil/'ZraL _5 • 77 Buyer recognizes that asbestos commonly exists in insulation,ceilings,floor coverings and other areas in residential properties. Seller 78 N , makes no representations regarding the presence or condition of asbestos. 79 a 5 "AS-IS": Except for Seller's express written agreements and written representations contained herein,and Seller's Property Disclosure, if 80 any,Buyer is purchasing the Property"AS-IS,"In its present condition and with all defects apparent or not apparent. 81 PRIVATE WELL:Seller represents that the private water well located on or serving the Property has provided an adequate supply of water throughout the year 82 for household use.To the best of Seller's knowledge,the water is fit for human consumption and the continued use of the well and water is authorized by and 83 complies with the laws of the State of Oregon and appropriate governmental agencies.No other representation is made concerning the water supply and well 84 except as expressly stated in this Agreement.If the well provides water for domestic purposes, upon Seller's acceptance of Buyer's offer, Seller, at Seller's 85 expense,will have the well tested for nitrates and total coliform bacteria and for such other matters as are required by the Oregon Health Division.Upon receipt, 86 a, Seller shall promptly submit the test results to the Oregon Health Division and Buyer.At Buyer's expense,Buyer may have the well water tested for quantity or 87 quality by a qualified tester,and obtain a written report of such test(s),showing the deficiencies(if any)in the well and the standards required to correct the 88 deficiencies,all within business days(seven(7)if not filled in)after the date Seller and Buyer have signed this Agreement.If the written report of any test 89 made by Seller or Bu r shows a substantial deficiency in quantity or quality of the water, Buyer may terminate this transaction by delivering written notice of 90 termination,together with a copy of the test report,to Seller or the listing licensee within twenty-four(24)hours after the receipt by Buyer of the written test report 91 unless,within twenty-four(24)hours after delivery of notice of termination,Seller agrees in writing to correct the deficiencies shown on the report.Any report obtained 92 by Buyer will show what deficiencies,if any,are substantial.In the event any wells located upon the Property are not currently registered with the applicable 93 governmental agency,Seller agrees to assist Buyer,at Buyer's sole expense,in registering them.The preceding sentence shall survive closing of this transaction. 94 NOTE:Fill in.re.rinted number from Pa.e 1 ©2001, No portion may be reproduced without express permission of Oregon r Real Estate Forms, LLC, a wholly-owned subsidiary of the Eugene, Portland Metropolitan and Oregon Associations of REALTORS® W��Dated. • 111 OREF 001-2 Rev.02/01 REAL ESTATE SALE AGREEMENT-Page 2 of 6 ) �7//� �/Li - Deed or contract shall be prepared in then of PA/f, . A. 4 Dar /Q,7c? c, ifil 1€, . 231 2 This offer shall automatically expire on(insert date) , at a.m./p.m.,if not accepted within that time.However,Buyer 232 t 2 may withdraw this offer any time prior to Seller's written acceptance.This offer may only be accepted by Seller in writing. 233 o_ o • Buyer Ph,i,e A A . Poo/Pi Date 2/a 7/O/ , // `/U a.m. p.m.+. 234 Buyer ()Q r/14 Ne G. ,::,/per Date c /a 7`p/ , //,'VO a.m. p.m.F 235 Address I g() //) Lo ave-r 5obn e 5 ,j R_"l (PO, Bo ,-v go ) Zip 9 7044;1— 236 Phone Home(5 D 0 .,2-9.5 4S- Work(5-0g)76V-gNf/ Work Fax(56 3)D.63- 6774 237 ANY MODIFICATION BY SELLER OR SELLER'S AGENT ABOVE BUYER'S SIGNATURE SHOULD BE ON A SEPARATE DOCUMENT 238 This offer was submitted to Sell-r f. signatur- •• he,27 day of Via ,100/ ,at a.m.y _p.m. 239 By _ i!L _,■ _ / •,.. __ _ _ , (licensee presentin ffer). 240 SELLER'S ACCEPTANCE:Seller accepts this .At the time of closing,Seller agrees to pay in U.S.dollars to the Selling Firm or, if this is a co-op 241 transaction, the Listing Firm, the sum of $ !o for professional real estate services rendered in this transaction. Seller authorizes 242 tri Listing Firm to order a preliminary title report and title insurance at Seller's expense and further authorizes Escrow to pay out of the cash proceeds of 243 2 sale the expenses of furnishing title insurance,Seller's recording fees,Seller's closing costs and any encumbrances on the Property payable by Seller 244 •' E on or before closing. Seller is a U.S.citizen unless otherwise stated herein.Seller acknowledges receipt of a completely filled in copy of this 245 o aAgreement, which Seller has fully read and understands. Seller acknowledges that Seller has not received or relied upon any oral or written 246 statements of Buyer or any real estate licensee(s) which are not expressly contained in this Agreement. In the event Buyer fails to complete this 247 transaction as provided herein,all earnest money shall be distributed as follows after deduction of any title insurance and escrow cancellation charges: 248 heck one) U First to the Listing Firm to the extent of the agreed commission just as if the transaction had been closed, with residue to Seller, 249 U or 250 Seller pr' ull name(s): I , It ✓ '•�.' 251 Seller • .mil/ ' Lei' Date _ ,��a.m. p.m.4.. 252 Seller Date c�a.m. p.m.� 253 Address //yrU t��S J %y/5i ? �Ga✓ - 7 G9� Zip / .OQ 7 254 Phone Home 2li— fr[ Work 3�0 —}":7'6Z--6/ Z�Z Work Fax 255 REJECTION/COUNTER OFFER: 256 0 SELECT ONE: U Seller does not accept the above offer,but makes the attached counter offer; U Seller rejects Buyer's offer without a counter offer. 257 m Seller print full name(s): 258 8 Seller Date , a.m. p.m.4■ 259 Seller Date a.m. p.m.4- 260 a CC • Address Zip 261 Phone Home Work Work Fax 262 m BUYER'S ACKNOWLEDGMENT:Buyer acknowledges receipt of a copy of Seller's written response to this Agreement. 263 y % Buyer Date a.m. p.m. 264 o aBuyer Date , a.m. p.m.F 265 I Selling Firm ,w .. , •, .,. i 1 Selling Licensee _? ` . /AlVir_,_ , 266 o Listing Firm • . , / . f„p Listing Licensee----7 . - _ L ►— _ _ ■ . 267 mSelling Firm o receive:(select one) to p %of purchase price or$ . 268 . Listing Firm Main Office Address Phone_ Fax - 269 c.) Listing Firm Branch Office Address Phone Fax 270 Listing Firm Broker Initials/Date / Selling Firm Broker Initials/Date / 271 LINES WITH THIS SYMBOL F REQUIRE A SIGNATURE OF BUYER AND/OR SELLER AND DATE NOTE:Fill in.re.rinted number from Pa.e 1 ©2001, No portion may be reproduced without express permission of Oregon �i!/'*�G1MS Real Estate Forms, LLC, a wholly-owned subsidiary of the Eugene, Portland WM/, IPDate . • Metropolitan and Oregon Associations of REALTORS® I REAL ESTATE SALE AGREEMENT-Page 6 of 6 r r L//�” �- OREF 001-6 Rev.02/01 • INSPECTIONS:Buyer understands thalipmplete professional inspection of the PropertOdvisable.(check one) 95 Cl PROFESSIONAL INSPECTIONS:At Buyer's expense, Buyer may have the Property and all elements and systems thereof inspected by one or 96 more professionals of Buyer's choice. Provided, however, Buyer must specifically identify in this Agreement any desired inspections which may 97 include testing or removal of any portion of the Property. Buyer understands that Buyer is responsible for the restoration of the Property to its original 98 condition for any inspection(s)/test(s)performed by the Buyer or on Buyer's behalf.Buyer shall have business days(seven(7)if not filled in), 99 o after the date Seller and Buyer have signed this Agreement, (hereinafter"the Inspection Period") in which to negotiate with Seller regarding any 100 matters disclosed in any inspection report. However,during the Inspection Period,Seller shall not be required to modify any terms of this Agreement 101 already reached with Buyer.Unless a written and signed modification is reached,at any time during the Inspection Period,Buyer may notify Seller 1oz or Listing Licensee, in writing,of Buyer's unconditional disapproval of the property based on any inspection report(s), in which case, all earnest 103 money deposits shall be promptly refunded and this transaction shall be of no further binding effect.Buyer shall promptly provide a copy of all reports 104 to Seller if requested by Seller.If Buyer fails to provide Seller or Listing Licensee with written unconditional disapproval of any inspection 105 report(s)by Midnight of the final day of the Inspection Period,Buyer shall be deemed to have accepted the condition of the Property. 106 LI SEE ATTACHED ADDENDUM REGARDING PROFESSIONAL INSPECTIONS. 107 \ BUYER'S INSPECTION: Buyer has personally inspected the Property and all elements and systems thereof. Buyer is fully satisfied and has 108 elected NOT to have any professional inspections performed. 109 LEAD-BASED PAINT INSPECTION:If the Property was constructed before 1978,a Lead-Based Paint Disclosure Addendum(hereinafter"the 110 Disclosure Addendum")shall be signed by Seller, Buyer and Listing and Selling Licensees,and made a part of this Sale Agreement.After 111 2 -• reading the section below,Buyer should check the accompanying box if Buyer intends to conduct a risk assessment or Inspection. 112 M , a Cl Buyer shall have calendar days(ten(10)if not filled in),hereinafter referred to as"the Lead-Based Paint Inspection Period,"within 113 -' which to conduct said assessment or inspection.The Lead-Based Paint Inspection Period shall commence when Buyer signs the Disclosure 114 Addendum. During the Lead-Based Paint Inspection Period, Buyer shall not become obligated under this Sale Agreement. Buyer may, In 11s writing, unconditionally cancel this transaction during the Lead-Based Paint Inspection Period and receive a prompt return of all 116 earnest money deposits.Buyer understands that the failure to give timely written notice of cancellation shall constitute acceptance of 117 the condition of the Property as it relates to the presence of lead-based paint or lead-based paint hazards. 118 ESCROW:This transaction shall be closed at 17.p,t j nq krfrn ("Escrow"),a neutral escrow located in the State of Oregon.Costs 119 w of Escrow shall be shared equally between Seller and Buyer,unless Buyer is financing through Federal VA,in which case Seller shall pay all escrow costs. 120 CLOSING:TIME IS OF THE ESSENCE.Closing shall occur on or before/bede.i7a/ ,or as soon thereafter as financing documents can be 121 prepared and marketable title delivered,but not to exceed,/C) business days(zero(0)if not filled in).This extension is not available if financing 122 8 documents are prepared and marketable title can be delivered on or before the specified closing date.The terms"closed","closing"or"closing date" 123 shall mean when the deed or contract is recorded and funds are available to Seller.Seller and Buyer acknowledge that for closing to occur by 124 the date specified,it may be necessary to execute documents and deposit funds In Escrow prior to that date. 125 c POSSESSION:Seller shall remove all personal property not sold to Buyer and deliver possession of the Property to Buyer(check one)t y 5:00 p.m. 126 N on the closing date; Cl by a.m./p.m. days after the closing date; ❑by a.m./p.m.on the day of . 127 a If a tenant is currently in possession of the Property(check one): ❑Buyer will accept tenant at the time of closing; ❑Seller shall have full responsibility 128 for removal of tenant prior to closing date. 129 • PRORATIONS: Prorates for rents;current year's taxes,interest on assumed obligations,and other prepaid expenses attributable to the Property shall 130 o be as of:(check one only)>Ke closing date; ❑date Buyer is entitled to possession;or ❑ 131 a SELLER POSSESSION AFTER CLOSING: In the event that Seller and Buyer have agreed that Seller will deliver possession after the closing date, 132 .N o• m Seller shall pay as consideration $ 44- per day for each day after closing that Seller remains in possession of the Property. Such 133 m U a45 payment shall be made by Seller through Escrow at the time of closing and no landlord-tenant relationship shall be created thereby. 134 a See attached Addendum ,if applicable. 135 2• UTILITIES:Seller shall pay all utility bills accrued to date Buyer is entitled to possession.Buyer shall pay Seller for heating fuel then on premises, at 136 ° w Seller's supplier's rate on the possession date.Payment shall be handled between Buyer and Seller outside of escrow. 137 g INSURANCE:Seller shall keep the Property insured until closing. 138 3 ESCROW DEPOSIT:Escrow is hereby instructed by Seller,Buyer,Selling Firm and the Listing Firm(if any)as follows:(1)Upon your receipt of a copy 139 0 a of this Agreement marked"rejected"by Seller or of Selling Firm's written advice that the offer is"rejected"by Seller,you are to refund all earnest money 14o w to Buyer.(2)Upon your receipt of a copy of this Agreement signed by Seller,Buyer,Selling Firm and the Listing Firm(if any),set up an escrow account 141 NOTE:Fill in .re.rinted number from Pa.e 1 ©2001, No portion may be reproduced without express permission of Oregon Metropolitan Estate and Oregon Lon a wholly-owned ti ns of REALTORS®of the Eugene, Portland � �� rwif Date: .. 4 Metropolitan and Oregon Associations of REALTORS® r OREF 001-3 Rev.02/01 REAL ESTATE SALE AGREEMENT-Page 3 of 6 . '4" Da - r,M E SMALL CLAIMS:Notwithstanding the keg provisions,Seller,Buyer,licensees and firms if Outually agree that all Claims within the jurisdic- 190 E '5 "3 6 tion of the Small Claims Court shall be brought and decided there,in lieu of mediation,arbitration or litigation in any other court of law. 191 MEDIATION:If Seller or Buyer were represented in this transaction by a licensee and firm who were then members of the National Association of REALTORS®,all 192 C ▪ Claims shall be submitted to mediation in accordance with the procedures of the Home Seller/Home Buyer Dispute Resolution System of the National Association of 193 O REALTORS®or other organization-adopted mediation program(collectively`the System").Provided,however,if the System was not then available through 194 the licensees'or firms'Association of REALTORS®,then the Seller,Buyer and/or licensees and firms shall not be required to engage in mediation. 195 ARBITRATION:All Claims that have not been resolved by mediation,or otherwise,shall be submitted to final and binding private arbitration in accordance with 196 Oregon Laws.Filing for arbitration shall be treated the same as filing in court for purposes of meeting any applicable statutes of limitation or for purposes of filing 197 o a lis pendens.Seller,Buyer and/or their licensees may use any professional arbitration company which provides such service to the county where the Property is 198 m located,as selected by the party first filing for arbitration.Provided,however,if no arbitration company had available services when the claim arose,neither Seller, 199 Ir. a` Buyer,nor their respective licensees or firms,if any,shall be required to participate in arbitration.BY CONSENTING TO THIS PROVISION YOU ARE AGREEING THAT 200 DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE HEARD AND DECIDED BY ONE OR MORE NEUTRAL ARBITRATORS AND YOU ARE GIVING UP 201 THE RIGHTTO HAVE THE MATTER TRIED BY A JUDGE OR JURY.THE RIGHTTO APPEAL AN ARBITRATION DECISION IS LIMITED UNDER OREGON LAW. 202 d ATTORNEY FEES:The prevailing party in any suit,action or arbitration(excluding those claims filed in Small Claims Court)shall be entitled to recovery of all 203 a. u- reasonable attorney fees and costs(including all filing and mediator fees paid in mediation)pursuant to ORCP 68.Provided,however,if a mediation service 204 T N o was available to the parties when the claim arose,the prevailing party shall not be entitled to any award of attorney fees unless it is established to the satisfaction 205 <• of the arbitrator(s)or judge that the prevailing party offered or agreed to participate in mediation prior to,or promptly upon,the filing in arbitration or court. 206 RECEIPT FOR EARNEST MONEY:The undersigned Selling Firm acknowledges receipt of earnest money (which Selling Firm agrees to handle as 207 d provided below)from Buyer in the sum of$ 5.-1,O evidenced by(check one) U CASH HECK U PROMISSORY NOTE payable on 208 ° oc or before ; U Other 209 a tal CC EARNEST MONEY INSTRUCTIONS: Buyer instructs the undersigned Selling Firm to(check all that apply): U Deposit the earnest money in Selling 210 m W Firm's client trust account,and thereafter/or" Deposit with Escrow. U If earnest money funds are to be redeemed under a promissory note,said funds 211 shall be deposited with ��,e, znsy 7 212 SELLING LICENSEE AND SELLING FIRM SHALL HAVE NO FURTHER LIABILITY WITH RESPECT TO EARNEST MONEY WHICH THE PARTIES HAVE 213 AUTHORIZED TO BE TRANSFERRED TO A THIRD PARTY. 214 Selling Firm"/ e �6,, S c � ./_/SSelling Licensee Signatu A,/. i._ _ . _ , ,J_ 215 Main Office Address /d iv 5-3.--s� �/d7/j Lesr.�� Phone S'',O /,s- d • •X s s1.0 7G O (0 216 Branch Office Address �( Phone FAX 217 E PROPERTY DISCLOSURE/DISCLAIMER LAW:Buyer acknowledges that unless otherwise exempted,Buyer has a right to revoke Buyer's offer within 218 • • Nfive(5)business days after delivery of Seller's property disclosure form,or within seven(7)business days after delivery of Seller's written disclaimer,or 219 o° at any time before closing,as defined in the Oregon Administrative Rules,if Buyer does not receive either a disclosure form or disclaimer from Seller. 220 O o Buyer may waive the right of revocation if done so in writing.If this transaction is exempted from the property disclosure/disclaimer law,Seller and Buyer 221 U o are encouraged to sign a written acknowledgment identifying the specific exemption. 222 Seller authorizes the Listing Firm to receive Buyer's notice of revocation, if any,on Seller's behalf. 223 Y2 a 4 This Agreement may be signed in multiple counterparts with the same effect as if all parties signed the same document.Delivery of a photocopy, telefax, 224 8 .> O o carbon or carbonless copy of a signed original of this Agreement shall be treated the same as delivery of the original. 225 0 BUYER acknowledges receipt of a completely filled in copy of this Agreement which Buyer has fully read and understands.Buyer acknowl- 226 ▪ o edges that Buyer has not received or relied upon any oral or written statements,made by Seller or any real estate licensee,which are not 227 o 2 expressly contained in this Agreement.Neither Seller nor any licensees warrant the square footage of any structure or the size of any land 228 a < o being purchased.If square footage or land size Is a material consideration,all structures and land should be measured by Buyer prior to 229 signing,or should be made an express contingency in this Agreement. 230 I NOTE:Fill in .re.rinted number from Pa.e 1 ©2001, No portion may be reproduced without express permission of Oregon MiliM151 Real Estate Forms, LLC, a wholly-owned subsidiary of the Eugene, Portland • '/� 'l��IA Data• .? A Metropolitan and Oregon Associations of REALTORS® �j — �/� 1e.rW i./ D. /T� OREF 001-5 Rev.02/01 REAL ESTATE SALE AGREEMENT-Page 5 of 6 / a and proceed with closing in accordance with t•rms of this Agreement.If you determine that the tra ion cannot be closed for any reason(whether 142 N m or not there is then a dispute between Seller and Buyer),you are to hold all earnest money deposits until you receive written instructions from Seller, 143 11 a Buyer,Selling Firm and the Listing Firm(if any)as to disposition of such deposits. 144 EARNEST MONEY PAYMENT/REFUND:If(1)Seller does not approve this Agreement;or(2)Seller approves this Agreement but fails to furnish marketable 145 title;or(3)Seller fails to complete this transaction in accordance with this Agreement,or perform any other act as herein provided;or(4)any condition which 146 a)c Buyer has made an express contingency in this Agreement(and has not been otherwise waived)fails through no fault of Buyer,then all earnest money shall 147 2 cc be promptly refunded to Buyer.However,acceptance by Buyer of the refund shall not constitute a waiver of other legal remedies available to Buyer.If Seller 148 E E approves this Agreement and title is marketable;and(1)Buyer has misrepresented Buyer's financial status;or(2)Buyer's bank does not pay,when presented, 149 co w a any check given as earnest money;or(3)Buyer fails to redeem,when due,any note given as earnest money;or(4)Buyer fails to complete this transaction in 150 accordance with this Agreement,or perform any other act as herein provided,then all earnest money paid or agreed to be paid shall be paid to Seller either as 151 liquidated damages or as otherwise allowed under Oregon law,and this transaction shall be of no further binding effect.It is the intention of the parties that 152 under no circumstances shall Buyer be liable to Seller under this Agreement beyond the amount of earnest money provided for herein. 153 C. o c o BINDING EFFECT/CONSENT: This Agreement is binding upon the heirs, personal representatives, successors and assigns of Buyer and Seller. 154 g � in � However, Buyer's rights under this Agreement or in the Property are not assignable without prior written consent of Seller. 155 o 11 FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT:The Foreign Investment in Real Property Tax Act("FIRPTA") requires every person who 156 < purchases real property located within the United States from a"foreign person"to deduct and withhold from the Seller's proceeds ten percent(10%)of 157 1- Q the gross sales price, with certain exceptions, and to pay the amount withheld to the Internal Revenue Service.A"foreign person"includes a non- Ise LI resident alien individual, foreign corporation, foreign partnership, foreign trust and foreign estate.Seller and Buyer agree to execute and deliver, as 159 appropriate,any instrument,affidavit or statement,and to perform any acts reasonable or necessary to carry out the provisions of FIRPTA. 160 THE PROPERTY DESCRIBED IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES.THE 161 , PROPERTY IS SUBJECT TO LAND USE LAWS AND REGULATIONS,WHICH,IN FARM OR FOREST ZONES,MAY NOT AUTHORIZE CONSTRUCTION 162 a) OR SITING OF A RESIDENCE AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL 163 c ZONES.BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK 164 2 a WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION 165 a FOR STRUCTURES. IF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IS SUBJECT TO SPECIAL ASSESSMENT UNDER ORS 358.505, 166 ORS 358.515 REQUIRES NOTIFICATION TO THE STATE HISTORIC PRESERVATION OFFICER OF SALE OR TRANSFER OF THIS PROPERTY. 167 m IRC 1031 EXCHANGE:❑Buyer ❑Seller hereby acknowledges that it is the intention of Buyer/Seller to complete an IRC 1031 exchange which will not 168 2 delay the close of escrow or cause additional expense to the other party.Buyer/Seller agrees to cooperate with the other party and the accommodator, 169 Li w cc w if any, in a manner necessary to complete the exchange. 170 LEVY OF ADDITIONAL PROPERTY TAXES:The Property: (check one) ❑ is is not specially assessed for property taxes (e.g. farm, forest or 171 o other)in a way which may result in levy of additional taxes in the future.If,as a r suit of Buyer's actions or the closing of this transaction,the Property 172 To g either is disqualified from special use assessment or loses its deferred property tax status, unless otherwise specifically provided in this Agreement, 173 o V a Buyer shall be responsible for and shall pay when due,any deferred and/or additional taxes and interest which may be levied against the Property and 174 a o shall hold Seller completely harmless therefrom.However,if as a result of the Seller's actions prior to closing,the Property either is disqualified from its 175 a entitlement to special use assessment or loses its deferred property tax status, Seller shall be responsible for and shall pay at or before closing all 176 deferred and/or additional taxes and interest which may be levied against the Property and shall hold Buyer completely harmless therefrom. 177 ii C CD N ADDITIONAL LAND SALE CONTRACT/TRUST DEED/MORTGAGE PROVISIONS: If this transaction is to include a land sale contract,trust deed or 178 ° .5 1 72 a mortgage to be carried back by Seller,Buyer and Seller shall agree upon the terms and conditions of such document not later than A 1'- business 179 So days(ten(10)if not filled in)from the date this Agreement is signed by Seller and Buyer.Upon failure to reach such agreement,this transaction shall be 180 o 6 of no further binding effect,and all earnest money shall be promptly refunded to Buyer. 181 U DISPUTE RESOLUTION:Seller and Buyer,including the licensees and firms representing each,if any,agree that all claims,controversies and disputes, 182 c including those for rescission(hereinafter collectively referred to as"Claims"),relating directly or indirectly to this transaction,shall be resolved in accordance 183 o with the procedures set forth herein, which shall expressly survive closing or earlier termination of this Agreement. Provided, however, the following 184 2 matters shall not constitute Claims:(1)any proceeding to collect,interpret or enforce any mortgage,trust deed,land sale contract or recorded construc- 185 CC o tion lien;(2) a forcible entry and detainer action;or(3)any dispute between REALTORS®which is subject to the Professional Standards Arbitration 186 o. provisions of the National Association of REALTORS®.The filing of a notice of pending action (''lis pendens")or the application to any court for the 187 i5 issuance of any provisional process or similar remedy described in the Oregon or Federal Rules of Civil Procedure shall not constitute a waiver of the 188 right or duty to utilize the procedures specified herein. 189 NOTE:Fill in•re•rinted number from Pa•e 1 ©2001, No portion may be reproduced without express permission of Oregon IMIJI Real Estate Forms, LLC, a wholly-owned subsidiary of the Eugene, Portland /. �/!�/� 1 r �� Metropolitan and Oregon Associations of REALTORS® G)� • OREF 001-4 Rev.02/01 REAL ESTATE SALE AGREEMENT-Page 4 of 6 �1 D.te 1�l;�,I J "_�..-'�..... ADDENDS TO REAL ESTATE SALE AIDREEMENT The Oregon Real Estate Agency has reviewed this form for compliance with the applicable provisions in ORS.696 and finds that it complies with those provisions. I This is an Addendum to: si Real Estate Sale Agreement ❑ Seller's Counter Offer ❑ Buyer's Counter Offer 2 Re: Real Estate Sale Agreement No. 694' 8'3{o Dated Addendum No. 3 Buyer: Pooh' 4 Seller: '41e A /1/ 5 The real property described as: /7/s c 5-1.0 6 a..PC 411 6 —77(7 at p� 9 7.12.3 7 SELLER AND BUYER HEREBY AGREE THE FOLLOWING SHALL BE A PART OF THE REAL ESTATE SALE 8 AGREEMENT REFERENCED ABOVE. 9 `✓ Ar A A. . - - - - -/ , -.J..- 10 / 11 /Pt/7..*•%7 /4/eleQ i /S't I. 12 C.° .• i _ - —. ti I - ._ _ ",,_ • ir. - �. 14 15" ,oy tw-i/dteri44,4,24/0741,4), . 4-4—....% .0.4411I 4 /0/ "9-,044P . A #A90,,,.. 4::r7 16 !Oe- -c -' s Gs)2 /r 2P-A/ "e /.)y / .t r 46-7 e/a.s. M _ 18 -5-e//e I` Q//V �A,t,te i, Jo.- '7� / �J/YJ vie �xj`s)//i�/9 20 (••• J / 21 // -// CO q 23 0 ��GKdcfeI" T° /' Pdi 74 se/Av� O 3!�� 24 25 r�t� 4c3 �D a p,oc/ �o 0 �a.3 �!�.�o ,L90-}l S� A�. 26 27 Cy/6s,1. VV 28 ./ 29 30 31 32 33 34 35 36 37 II I Buyer Signature ? // , 1 1MV7 Date �/9 7 a / f/,'S A.M. P.M. Buyer Signature T/.�/ _ r./ i. _ Date _ I /1- 40N-M. P.M. 39 Seller Signature�-�i //� Date ��O , .. &M: P.M. 40 Seller Signature Date A.M. . P.M. 4, 9 Listing Licens-- _!ire_ _ 5er , ' Selling Licensee 42 Listing Firm Broker Initials/Date Selling Firm Broker Initials/Date / 43 ©, 1997,No portion may be reproduced without express permission of Oregon Real Estate Forms,LLC,a wholly-owned subsidiary of the Eugene,Portland Metropolitan Addendum Page of Pages 44 and Oregon Associations of REALTORS@ OREF 002 10/97 ADDENDUM TO REAL ESTATE SALE AGREEMENT Wopo. 4L/�ARR4T1 VE 03/22/01 15:45 FAX 5038463641 • • • urn UNIFIED SEWERAGE AGENCY 05° Storrnwater- Alternatives An J , Stormwater Site Assessment and Alterna V customers requiring a service provider le_t;;; : . accordance with the Agency's current Des■g12 .._ ... a. Basic Site Certification Concurrence :r ee. - °::_ : The basic site certification concurrence let A i;. no sensitive area or vegetated corridor ors or which the proposed development has no Allowed Use Site Certification Concurr•ee(:47 - The allowed use site certification conculn i;,_ the proposed development is an alioweo . . Agency's Design and Construction Stand.;1715, area or vegetated corridor on site. c. Corridor Averaging/Reduction Site Certif.c.:•: • • The corridor avers• rig/reduction sure properties on which corridor averagi ni;or d. Tier 1 Alternatives Analysis Review Fee - .. The Tier 1 Alternatives Analysis Review 5t. i a Tier 1 encroachment as defined in USA' e. Tier 2 Alternatives Analysis Review Fee The Tier 2 Alternatives Analysia Review"= a Tier 2 encroachment as defined,in I.lD..wptr+rt Saa41'56•'r:e1.10 D•x.tn.W Llormw.e$u, at 54kN rd AIL,I.ri Andty.° r.' .. • errs ._+,....--..... 155 North First Avenue,Suite 270,MS 10 Hillsboro, Oregon 97124-3072 03/22/01 1544 FAX 5038463641 ENIT1E.1, • • An on-site,water-quality-sensitive area recor.riois-slil,:::, : Date By The • A Existence of Water-Quality-Sensitive Areas As defined in USA's Design and Construction . - Li do 1,3 do not exist on site(check appropriate: L] do 0 do not exist within 200 on adjacent pp property(check appropriate box). O If watePquality-sensitive areas exist cornp!ez:: • if water-quality-sensitive areas do not exct,si-ap USA with plan approval package. B.Types of Water-Quality-Sensitive Areas The type(s)of water-quality-sensitive area(s)E^ar.ox . - properties are(check all that apply) Li wetland(s) D spring(s) 0 intermittent Sign this form and submit to USA with plan Resources Assessment Report(information ano • The Natural Resources Assessment Report•inducie.:1•,. • Wetland Delineation Report per.D51/Cr.erps • Rapid Stream Assessment Technique Form and • • assessment(if constniction or discharge is pr intermittent or perennial streams). • Vegetated corridor documentation,inotviinQ surveyed location of all sensitive areas,ver,,Nre.:5.,.. °- condition. I • ........ certify that I am familiar with the information con kairied • knowledge and belief.this information is true,complex:. - Property Owner Print/Type Name ' • Signature 03/22/01 15:44 FAX 5038463641 UNI FILL) S . • • uA UniRed-Sewerage Agency of Washington County Sensitive A . • • Property Owner Name — — Address CitylState/Zp Telephone E-mail Authorized Agent Name _ Address City/State/Zip Telephone E-mail Project Location Street,road,or oilier descriptive 4)cation Legal DesorlpUon: Quarter Suction TIW In or near(city or town) County • Waterway River Mile Adjacent Property Information: Street,road,or other descriptive location Legal Description: Quarter Section In or near(city or town) County Waterway River Mile • • U FIEF: : _-_.:••:-....I. - AX 5038463841 ••• - — ..• - : ., 0 :22/01 15;44..„ --7 . .....•,-.:,•,.. ...,p,.cs!.,...;.,...,...., ..;.....-.-. .. , . • •:,•- ,.....i..zt. .,•:,,;... .v.•::.4.i 1 y• S^,;,: •.';',Z.,V:1-A,.. ...':',c...:. .7v.-.'s.'7'.. "-•.7' . 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Locally adopted studies or 1113.P.5 Based on a review of the above informattort --., -.r •,. Co7struction Standards Resolution and Cruet --.7........ Sensitive areas potentially exist ori MUST PERFORM A SITE CERTIFICATION • PROVIDER LETTER OR STORMWATER 0.:"..-t=-.• exist on the site or within 200 foss on 3 1j '-- Assessment Report may also be req . ,,..1_ • 0 Sensitive areas do not appear to exist • screening site assessment does NOT &iirri.;- • water quality sensitive areas if they ark.... :.:-.L.. . ... property. NO FURTHER SITE ASSESS ?- REQUIRED.MS FORM WILL SERVE A STORMWATER CONNECTION PERMIT. 0 .The proposed activity does not meet ASSESSMENT OR SERVICE PROVIDER f,.:. ‘ .'r• Comments: _ Reviewed By: ireo& '(,7"4 C..) Returned to limit MailZax Counter__ Dale •11. b Bye U C0-91)) X • • 13155 S.W. Grant Ave. Lot Partition Applicant: Philip and Darlene Poole Location: 13155 S.W. Grant Ave. Legal Description: Tax Lot Site Size: 21,784.15 sq. ft. Zone: R-4.5 Proposal: To Partition the existing lot into two parcels for single family residences. The existing to remain intact. • • • PARTITION NARRATIVE Proposal: We propose to create a 2 lot partition. An existing single family residence exists on parcel 1 and will contain 7,600 sq. ft. The proposal for the 2nd parcel is of a flag lot configuration consisting of 12,924.15 sq. ft. for the lot and 1,260-sq. ft. for the access easement. Both parcels exceed the 50ft width minimum required of zone R-4.5. All set backs are met for parcel 1 and can be met for parcel 2. No tree removal is necessary. Description: The site is rectangular in shape except the street and where Grant St. causes it to angle off the short side. The width dimension is 209.3 ft. The S.E side is 253.7 ft and the N.W side is 209.3 ft. The topography is that of a gentle slope from the back of parcel 2 to the street. The slope on the N.W side is 4' over the distance of 209.3 ft. On the S.E side the slope is slightly less at 3.5 ft. over the distance of 253.7 ft. All the surrounding uses are single family residences on the south side of S.W Grant St. The rest of the surrounding area to the N. and N.E are single family, multifamily, and a school. S.W Grant adjoins Park Ave. 1/5 mi. to the N.E and Park subsequently intersects with 99. W in 1 block. Infrastructure Improvements: Streets- S.W Grant consist of 21 ft. of paved surface to a cement curb ai then 7' of paved bike path to a 6' dirt median strip all on the So. Side adjoining parcel #1 on it's front. No half street improvements are needed or proposed. Stormwater: Because there is a gentle slope to the front of both parcels the stormwater from the #2 parcel home will have a natural downhill run to S.W Grant. • • Sanitary system: There is an existing sewer line in S.W Grant to serve the new home on parcel #2. Water: There is an existing water main immediately in front of parcel #1, which will serve the parcel 2 property. 18. 3 90.040 Impact Study: Existing and proposed improvements to street and infrastructure systems are addressed above under the "infrastructure improvements" section. The addition of one single family residence to the neighborhood will have no negative impact. All utilities are available at S.W Grant to serve parcel #2. The generation of noise should be of no concern for a single family dwelling. Mature trees on parcel land 2 will serve as buffers as well as a 6' cedar fence that will be constructed on the unfenced side. The proposed home will garage two autos. This partition conforms to the city of Tigard development standards. Home ownership is established and the existing house is preserved. Chapter 18,420 Land Partitions We will conform to this city of Tigard Code as outlined. 18. 420.030 Approval Process We will adhere to the approval process. • • 18.420.40 Application submission requirements This application has been submitted in conformance with the above noted requirements. Approval Criteria: The partition meets all standards for the R-4.5 zoning. The existing home is left with 7,600 sq. ft. of land.(Parcel #1) Parcel #2 the newly proposed lot will contain 12,924.15 sq. ft. of land after 1,260 sq. ft. has been deducted for the access/egress. The access/egress easement of 15' in width conforms to the R-4.5 standard. It intersects S.W Grant on the N.W Corner with no visibility problems. No common drive is proposed. ALL setback standards will maintained and no variances are required. The home on parcel #2 will face N.W on the property and there will be a minimum of 10' on both side yards. Buffers will be maintained and fences built for noise and privacy. FIREHYDRANT: The nearest fireplug is at the corner of Park St. and S.W Grant Ave. It is 60 yards from the front of the house on parcel #1. 18.420.60 Final Plat Submission Requirements We will conform to the Final Plat Requirements as noted. 18.420.70 Recording Partition Plats The partition plat shall be recorded as noted. 18.510 Residential Zoning Districts R-4.5 zoning is designed to accommodate detached single family with a minimum lot size of 7,500 sq. ft. • • One additional single family unit is proposed on parcel #2. Both units exceed 7,500 sq. ft. after the 15' access/egress is allowed for. 18.510.40 Minimum/Maximum Density A two parcel achieves both minimum and maximum density. The Overall site is 21,784.15 sq. ft. Max density: 21,784.15/7500=2.90 or 2 lots Min. density: 2.90 x 80% = 2.32 or 2 lots 18.510.50 Development Standards All development standards can be achieved with this proposed partition with no variances needed. 18.705 Access/Egress Curb cuts currently exist, as does a seven ft. paved bikepath/walkway. No street improveents are needed or proposed. The access way proposed is 15' in width. Paving will conform to the 10'standard. The driveway will be constructed to meet the Uniform Fire Code. 18.715, Density Computations As before noted this site exceeds density requirements. Max. 2.9 or 2lots Min. 2.32 or 2 lots 18.730 Exceptions to Development Standards No exceptions or variances are needed in regard to setbacks, Height requirements in conjunction with this partition. This flag lot will conform to the minimums of R-4.5 without the flag access/egress. • • 18.745 Landscaping and Screening As earlier noted no landscape will be altered and there are no on-site parking or loading requirements beyond standard single family residential use. 18.745.40 Street Trees There are 4 existing streets in parcel #1's yard as per map. There is a 10' high arborvitae hedge as per map. No other plantings are planned. 18.765 Off Street Parking and Loading Requirements Parking requirements will be addressed during the building permit Review process. Parcel 2 has adequate space for parking and maneuvering areas. No alternates are proposed for the existing dwelling. 18.765.30 General Provisions Parking on parcel #2 will be located on Parcel #2. Parking on parcel #1 will remain the same. As per code standards, one space is required for each unit. Both parcels will exceed this number. 18.790.30 Tree Plan Requirement As earlier noted the tree shown on map provided will be saved. No further tree plantings will be done on either site. 18. 795.030 Visual Clearance Requirements There are no topographic obstructions, nor fences, shrubs, or trees, which would impede vision from the egress route. • • 18.795.40 Computations S.W Grant Ave. is 21 ft. in width plus a 7' walkway/bike path behind a curb. There are no arterial streets. Conclusions: This proposal is for a 2 lot Partition. Both parcels meet or exceed the R-4.5 zoning in every case without variances. ALL utilities are available. This partition conforms to development standards. This partition meets all criteria for a minor partition. -N3 ,X0/ IV • >0> _ y 0 CI P Qv- ,...,.o 43: Fro cri z E . 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P y f" 4s, /II/ ?• 7100 7200 ?a300'.� =. ;.' .�;�=`,, .^ �a `moo �/ 2030 C i2 ?9° 6900 ,G =., •' ° ; x ti 3. ^ `� /74G /74C. 264C. V• to ai .] a• I N 2 , pr 8 :y''tide'.'•':: Y� I , t- ' �I?, °i° ?3 ,� \ \ \ \� J` 4 N7 ..}e.7v 1Y'`r•'r`• r, s'+ -'mss;, -, 1^ \ ` �a 199 -1J '° �3 302 �' Ai ft" PI ti 70 -7'0 -PP3:7 . c^ 4. 63.00 63.06 28.42 N/. S 89°40.E /-02 Ac- / a Q 1. 91.4 •r # .224 1600 1700 Y / .°� i✓ ��_�� 154.47 •22 Ac .Z3 Ac. .30 AC. / �/ / /„ 6801 I 8 im "' F A R K n us ( ~ 39 AG „ AO o d/2 - • 1992 - 09 0 # - I Als se- / / AO I S8 3W ~ /OA s• tit a~ t ...i y ileit 3ik/�■�a 70 70 ° 198.78 I 2300 '‘ `1a " 3� RECEIVED PLANNING -I - �j X44113•FIk4��14€.,t•��y �. �L1-�3.m,'�__ �1 `L 3 .%`��••∎ •∎∎•C �� o e.1e \. �Aillt __ __CC ��LL...,� , ° a $ 23200 N 89 40 W 20).oL CII�•......J!!!�f ,A, A EASEMENT/I I0.32 � 4,9 8-1015 3 7 A� i IS7.36 329. w°00 93_6775% / '°J m. �� 6i O ®� �I��® �� 7404 0 7 300 o°o'� I-90- 900 �� a ��aAs SE" N - 334C .644C „m (,,,.- P k ` S 9°09 37"W / e ps 158.95 277.43 lull ! / . 296•4llll„ll«<rdll1l€l1�1�1 - L i ,. / I _ _ _ 100 --/ 2 U3ru i • 4 Yprirct OpAfiturt- 4 Tiad) irrA4 A,d) dwoiko /got pyito A-0 0,, dbrtfvL id4 ct_b/0 cv1 1� , /ga-) ,t4_, n z i 0 ,7puol ; 4.,,,vu2J , -64-du ry-reA,tu24) t SA W-QA(1-1 Pert4) . . • • -CITY.-O°F, TIGARD - PRE-APPLICATION CONFERENCE NOTES : n - Community(Developrnent. (Pre-Application Meeting Notes are:Valid for:Six (6) Months) � : slapuig)4'&tterCommunity RESIDENTIAL PRE-APP.MTG.DATE: 173 o 8 STAFF AT PRE-APP.: / cf ,e APPLICANT: -Pie 1 A _ AGENT: Phone: (So3) Phone: ( ) PROPERTY LOCATION: ADDRESS/GENERAL LOCATION: • /3 TAX MAP(S)/LOT#(S): . 'O NECESSARY APPLICATIONS: . /'n -i �� f—7—z _ (7//1/, � • PROPOSAL DESCRIPTION: / 4, "tom COMPREHENSIVE PLAN MAP DESIGNATION: tt„s ZONING MAP DESIGNATION: se ' ..5 CITIZEN INVOLVEMENT TEAM (C.I.T.) AREA: C-e ekcY ZONING DISTRICT DIMENSIONAL REQUIREMENTS (Refer to Code Section 18. 5-7E7 l MINIMUM LOT SIZE:7,5ex sq. ft. Average Min. lot width: 5C ft. Max. building height: 30 ft. Setbacks: Front .20 ft. Side 5- ft. Rear / 3– ft. Corner cr— ft. from street. MAXIMUM SITE COVERAGE: % Minimum landscaped or natural vegetation area: %- NEIGHBORHOOD MEETING (Refer to the Neighborhood Meeting . dout] THE. APPLICANT SHALL NOTIFY ALL P :--ERTY OWNERS WITHIN 500 FEET, THE APPROPRIATE CIT CILITATOR, A,- a THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S) of their p osal. A minimum of two (2) weeks between the mailing date and the meeting date is require P e review the Land Use Notification handout concerning site posting and the meeting notice. Meeting • 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. an Of TIGARD Pre-Application Conference Notes Page I of 10 Resideatiil Appliation/Plmnmt Division Section r NARRATIVE (Refer to Code Chap18.3901 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. MPACT STUDY (Refer to Code Sections 18.390.040 and 18.390.050) As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. ACCESS (Refer to Chapters 18.705 and 18.7651 _ i Minimum number of accesses: / Minimum access width: l5 Maximum access width: , Minimum pavement width: /a 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 18.7151-SEE EXAMPLE BELOW. �j� 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: All sensitive lands areas including: ➢ Land within the 100-year floodplain; ➢ Slopes exceeding 25%; ➢ Drainageways; and ➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. Public right-of-way dedication: ➢ Single-family allocate 20% of gross acres for public facilities; or ➢ 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 . Multi-Family 43,560 sq.ft. of gross site area 43,560 sq.ft. of gross site area 8.712 sq. ft. (20%)for public right-of-way 6.534 sq:ft. (15%)for public right-of-way . NET: 34,848 square feet NET: 37,026 square feet 3.050(minimum lot area) - 3.050(minimum lot area) = 11.4 Units Per Acre = 12.1 Units Per Acre *The Development Code reuuires that the net site area exist for the next whole dwelling unit NO ROUNDING UP IS PERMITTED. *Minimum Project Density Is 80%of the maximum allowed density.TO DETERMINE THIS STANDARD,MULTIPLY THE MAXIMUM NUMBER OF UNITS BY.8. CITY OF TIGARD Pre-Appliation Conference Notes Page 2 of 10 tesidmtial Appliatron/Phn i ng Division Section • PECIAL SETBACKS (Refer to Co ection 18.1301 • )=. STREETS: j© feet from the centerline of g r. ➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures. ➢ ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained between each dwelling unit or garage. ➢ 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.] or FLAG LOT BUILDING HEIGHT PROVISIONS (Refer to Code Chapter 18.730] MAXIMUM HEIGHT OF 11/2 STORIES or 25 feet, whichever is less in most zones; 21/2 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 183451 In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Development Code. The ESTIMATED REQUIRED BUFFER WIDTHS applicable to your proposal area are: feet along north boundary. feet along east boundary. feet along south boundary. feet along west boundary. IN ADDITION,.SIGHT OBSCURING SCREENING IS REQUIRED ALON - C NDSCAPING (Refer to Code Chapters 18.745,18.765 m1118.705] 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 (Refer to Code Chapter 18.1551 Applicant shou • i , ACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE :ER COMPATIBI ITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of o (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. 011 OF TIGARD Pre-Application Conference Notes Page 3 of 10 lesideitia Applin6on/PWnmg Divoioo Section ��;o PARKING [Refer to Code Chapte•8.765 818.7051 • ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED. D Single-family Requires: One (1) ff-street parking space per dwelling unit; and One 1) space per unit less than 500 square feet. D 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. NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. Parking stalls shall be dimensioned as follows: D Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches. D Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches. D 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 C de Section 18.7651 BICYCLE RACKS ar- -:uired FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS. Bicycle race - shall be located in areas protected from automobile traffic and in convenient locations. SENSITIVE LANDS [Refer to Code Chapter 18. 1 The Code provides REGULATIO .S FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLA g AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. S :ff will attempt to preliminary identify sensitive lands areas at the pre- application conference b.sed on available information. HOWEVER, the responsibility to precisely identify sensitive land are as, and their boundaries, is the responsibility of the applicant. Areas meeting the definitions of - -nsitive lands must be clearly indicated on plans submitted with the development application. \ Chapter 18.775 also provid s regul. ions for the use, protection, or modification of sensitive lands areas. RESIDENTIAL DEV LOP►- ENT IS PROHIBITED WITHIN FLOODPLAINS. STEEP SLOPES [Refer to Code Sec " n 18.715.080 1 When STEEP SLOPE" exist, prior to issuance of a final order, a geotechnical report must be submitted which addr: ses the appro./al standards of the Tigard Community Development Code Section 18.775.080.0 The report sh. I be based upon field exploration and investigation and shall include specific reco - mendations for achieving the requirements of Section 18.775.080.C. UNIFIED SEWERAGE AGENCY( Al BUFFER STANDARDS (Refer to R a 0 96-44/USA Regulations-Chapter 31 LAND DEVELOPM NT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corridor or a buffer wide enough to protect the water quality functioning of the sensitive area. Design Criteria: The VEGETATED CORRI►OR WIDTH is dependent on the sensitive area. The following table identifies the required widths: an.OF TIGARD Pre-Application Conference Notes Page 4 of 10 Aecidmtial Apprwuoa/Plvmiig nnisioa section TOLE 3.1 VEGETATED CORRIDOR aTHS SOURCE: USA DESIGN AND CO = ' , CTION STANDARDS MANUAL/RESOLUTION &ORDER 96-44 • "''. F. SLOPE ADJACENT. -WIDTH.OF VEGETATED SENSITIVE,AREA:DEF TION' :, - _ - a 5, TO SENSITIVE AREA-- ' `-;CORRIDORPER SIDE_ : , • Streams with intermittent flo draining: <25% 1 10 to <50 acres 15 feet 1 >50 to <100 acre 25 feet • Existing or created w,tlands <0.5 acre 25 feet • Existing or created etlands >0.5 acre <25% 50 feet • Rivers, streams, . d springs with year-round flow • Streams with inte mittent flow draining >100 acres • Natural lakes an' ponds • Streams with inte ittent flow draining: >25% • 10 to <50 acr- 30 feet * >50 to <100 ac - : 50 feet • Existing or created wetlands � >25% Variable from 50-200 feet. Measure • Rivers, streams, and springs with ear-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 channe (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary,and/or average high water for lakes or ponds,whichev:r offers greatest resource protection. Intermittent springs, located a minimum of 15 feet within the river/stream or wetland vegetated corridor,shall not erve as a starting point for measurement. 5Vegetated corridor averaging or reduction is allowed only when e vegetated corridor is certified to be in a marginal or degraded condition. 6The vegetated corridor extends 35 feet from the top of the ra " e and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet,if a stamped geotechnical report confirms slope sta.•ity shall be maintained with the reduced setback from the top of ravine. Restrictions in the Vegetate Corr:or: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of :ny kind, or other activities shall be permitted which otherwise detract from the water quality prot- tion provided by the vegetated corridor, except as provided for in the USA Design and Constructbn Standards. Location of Vegetated Col-door: IN ANY RESIDENTIAL DE LOPMENT WHICH CREATES MULTIPLE PARCELS or lots.intended ' for separate ownership, su• as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not b: a part of any parcel to be used for the construction of a dwelling unit. USA Service Provider Letter.- PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a USA Service Provider Letter which will o tline the conditions necessary to comply with the R&O 96-44 sensitive area requirements. If the e are no sensitive areas, USA must still issue a letter stating a USA Service Provider Letter is n•t required. SIGNS (Refer to Code Chapter 18.78 1 SIGN PERMITS MUST : OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard. A "Guidelines fo Sign Permits" handout is available upon request. Additional sign area or height beyond Code st.ndards 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 PLAN REQUIREMENTS (Refer to Code Section 18.790.030.CJ A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES repared 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. QTY OF TIGARD Pre-Application Conference Notes Page 5 of 10 Residential A pbaticoreumrne Division Sectioo • THE TREE PLAN SHAL•CLUDE the following: • ➢ Identification of the location, size and species of all existing trees including trees designated as significant by the City; ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D 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% 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% 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. MITIGATION (Refer to Code Section 18.190.060.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. 'LEAR VISION AREA (Refer to Code Chapter 18.1951 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 clear vision area depends upon the abutting street's functional classification and any existing obstructions within the clear vision area. any OF TIGARD Pre-Application Conference Notes Page 6 of 10 ksidentiul ApptiaOOa/Plmniog Dirisioo Section . • • WATER RESOURCES OVERLAY DISTRICT (Refer to Code Section 18.797.0301 The WATER RESOURCES (WR) OVERLAY DISTRICT implements the policies of the Tigard Comprehensive Plan and is intended to resolve conflicts between development and conservation of significant wetlands, str cams d riparian corridors identified in the City of Tigard Local Wetlands Inventory. Specifically, thi chapter allows reasonable economic use of property while establishing clear and objective stan rds to: protect significant wetlands and streams; limit development in designated riparian cord ors; maintain and enhance water quality; maximize flood storage capacity; preserve native plant co er; minimize streambank erosion; maintain and enhance fish and wildlife habitats; and conserve scenic, recreational and educational values of water resource areas. Safe Harbor: The WR OVERLAY DISTRICT ALSO ME TS THE REQUIREMENTS OF STATEWIDE PLANNING GOAL 5 (Natural Resources) and the "sat harbor" provisions of the Goal 5 administrative rule (OAR 660, Division 23). These provisions require that "significant" wetlands and riparian corridors be mapped and protected. The Tualatin River, which is also a "fish-bearing stream," has an average annual flow of more than 1000 cfs. Major Streams: Streams which are mapped as "FIS -BEARING STREAMS" by the .Oregon Department of Forestry and have an average annual flow I: s than 1000 cubic feet per second (cfs). ➢ Major streams in Tigard include FANNO CREEK, ASH CREEK (EXCEPT THE NORTH FORK AND OTHER TRI.UTARY CREEKS) AND BALL CREEK. Minor Streams: Streams which are NOT "Fl:H-BEARING STREAMS" according to Oregon Department of Forestry maps . Minor streams in gard include Summer Creek, Derry Dell Creek, Red Rock Creek, North Fork of Ash Creek and ce ain short tributaries of the Tualatin River. Riparian Setback Area: This AREA IS MEASU"ED HORIZONTALLY FROM AND PARALLEL TO MAJOR STREAM OR • TUALATIN RIVER TO"-OF-BANKS, OR THE EDGE OF AN ASSOCIATED WETLAND, whichever is greater. The ripari :n setback is the same as the "riparian corridor boundary" in OAR 660-23- 090(1)(d). ➢ The standard TUALATIN RIVER RIPARIAN SETBACK IS 75 FEET, unless modified in accordance w h this chapter. ➢ The MAJOR `TREAMS RIPARIAN SETBACK IS 50 FEET, unless modified in accordance with this chapte ➢ ISOLATED WET = \DS AND MINOR STREAMS (including adjacent wetlands) have no riparian setback; howe,: a 25-foot "water quality buffer" is required under Unified Sewerage Agency (USA) standards a..•ted and administered by the City of Tigard. RIPARIAN SETBACK REDUCTIONS (Refer to Code Se :on 18.797.1001 The DIRECTOR MAY APPROVE A SITE-"ECIFIC REDUCTION OF THE TUALATIN RIVER OR ANY MAJOR STREAM RIPARIAN SETBA• BY AS MUCH AS 50% to allow the placement of structures or impervious surfaces otherwise p ohibited by this chapter, provided that equal or better protection for identified major stream resourc:s is ensured through streambank restoration and/or enhancement of riparian vegetation in preserve' portions of the riparian setback area. Eligibility for Riparian Setback in Disturbed Are s. TO BE ELIGIBLE FOR A RIPARIAN SETBA REDUCTION, the applicant must demonstrate that the riparian corridor was substantially distur ed at the time this regulation was adopted. This determination must be based on the Veg tation Study required by Section 18.797.100 that demonstrates all of the following: ➢ Native plant species currently cover I ss than 80% of the on-site riparian corridor area; ➢ The tree canopy currently covers le s than 50% of the on-site riparian corridor and healthy trees have not been removed from t e on-site riparian setback area for the.last five years; ➢ Thatvegetation was not removed ontrary to the provisions of Section 18.797.100 regulating. removal of native plant species; 0TY OF TIGARD Pre-Application Conference Notes Page 1 of 10 Auidmtiai Appliatioa/Planaing Dirisioo kctioa • • ➢ That there will bOo infringement into the 100-year floor din; and ➢ The average slope of the riparian area is not greater than 20%. FUTURE STREET PLAN AND EXTENSION OF STREETS [Refer to Code Section 18.810.030.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. Ar ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.060] 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% TIMES THE AVERAGE WIDTH, unless the parcel is less than 1% times the minimum lot size of the applicable zoning district. BLOCKS [Refer to Code Section 18.810.090] The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right-of-way line except where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development. When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided through the block. CODE CHAPTERS 18.330(Conditional Use) 18.620(ligard Triangle Design Standards) 18.165(Off-Street Parking/Loading Requirements) 18.340(Director's Interpretation) 18.630(Washington Square Regional Center) 18.115(Sensitive lands Review) 18.350(Planned Development) 18.105(Access/Egress/Gralation) 18.180(Signs) 18.360(Site Development Review) 18.110(Accessory Residential Units) 18.185(Temporary Use Permit) 18.310(Variances/Adjustments) 18.115(Density Computations) 18.190(Tree Removal) 18.380(Zoning Map/Text Amendment) 18.120(Design Compatibility Standards) 'x 18.195(Visual Cleannce Areas) �/ 18.385(Miscellaneous Permit) 18.725(Environmental Performance Standards) 18.191(Water Resources(WR)Overlay District) "( 18.390(Decision Making Procedures/Impact Study) 18.730(Exceptions To Development Standards) 18.798(Wireless Communication Facilities) 18.410(lot line Adjustments) 18.740(Historic Overlay) �'C 18.810(Street&Utility Improvement Standards) D( 18.420(land Partitions) 18.142(Home Occupation Permits) 18.430(Subdivisions) 1 8.145(landscaping&Screening Standards) 18.510(Residential Zoning Districts) 1 8.150(Manufactured/Mobil Home Regulations) 18.520(Commercial Zoning Districts) 18.755(Mixed Solid Waste/Recyding Storage) _ 18.530(Industrial Zoning District) 1 8.760(Nonconforming Situations) • CITY Of TIGARD Pre-Application Conference Notes Page 8 of 10 Residential Application/Planning Divisioa Section •ADDITIONAL CONCERNS OR COM : • ci zd �.�,� (. 5/9 C1 /-P . PROCEDURE 7 Administrative Staff Review. Public hearing before the Land Use Hearings Officer. • Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. • APPLICATION SUBMITTAL PROCESS • All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 4:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (1), " 81/2' x 11" map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering 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. WY OF TIGARD Pro-Application Conference Notes Page 9 of 10 Iktidmtial Appfwtioa/Plmemg llireioo Seaioa The administrative deci• or public hearing will typically occur1proximately 45 to 60 days after an application is accepted as being complete by the Planning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A 10-day public appeal pe iod follows all lad use decisions. An appeal on this matter would be heard by the Tigard 1%€,1 �-� - . A basic flow chart which illustrates the review process is available rom 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 Surveyors Office: 503-648-88841 •PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are required to complete and file a subdivision plat naming request with the Washington 9 County Surveyor's Office in order to obtain approval/reservation for any subdivision name. Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation. 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 development credits to the first building permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan. Failure of the staff to provide information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective, applicant either obtain and read the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. 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). PREPARED BY: � _ . = • CITY 0 IGARD P NI I A 4"1"1"11----50!.,I.,•-•!.,.- _: •!... . MEETING PHO'E: (503) 639-4171 FAX: (503) 684-1291 E-MAIL (staffs first name)@ d.tigard.or.us TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: ci.tigard.or.us H:lpattr\masters\Pre-App Notes Residential.doc Updated: 18-Jan-2001 (Engineering section:preapp.eng) WY OF TIGARD Pre-Appliation Conference Notes Page 10 of 10 Aesideotiai Application/Planning Division Section • • p CITY OF TIGARD 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. 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: ,i y dr/ ./_ Date: Vey e 1. BASIC INFORMATION ALL LAND USE APPLICATIONS REQUIRE THE FOLLOWING: Completed Application Form with property owner's signature or name of agent and letter of authorization Title transfer instrument or grant deed Written summary of proposal Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) Two (2) sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject property. Mailing envelopes shall be standard legal-size (#10), addressed with 1" x 4" labels (see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (see request for 500' property owner mailing list form). Documentary evidence of neighborhood meeting (if required) Impact Study per Section 18.390.040.B.2.(e) \ Copy of the Pre-Application Conference notes Filing Fee 2. PLANS REQUIRED In addition to the above basic information, each type of land use application will require one or more of the following maps or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (Section 5 of this checklist provides details on what information to include on each plan): ag. Vicinity Map '96., Preliminary Grading/Erosion Control Plan Existing Conditions Map B". Preliminary Utilities Plan ❑ Subdivision Preliminary Plat Map 2I. Preliminary Storm Drainage Plan ❑ Preliminary Partition/Lot Line Adjustment Plan _AI_ Tree Preservation/Mitigation Plan ❑ Site Development Plan ❑ Architectural Drawings ; !' Landscape Plan ❑ Sign Drawings Public Improvements/Streets Plan • 3. NUMBER OF COPIES REQUIRED The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR AN APPLICATION SUCH AS YOU ARE PROPOSING THE CITY REQUIRES /' COPIES OF ALL APPLICATION MATERIALS City of Tigard Land Use Application Checklist Page 1 of 5 • -4. SPECIAL STUDIES Aillt REPORTS • 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: ❑ Traffic Study ❑ Local Streets Traffic Study ❑ - Wetlands/Stream Corridor Delineation and Report ❑ Habitat Area Evaluation ❑ Storm Drainage System Downstream Analysis ❑ Preliminary Sizing Calculations for Proposed Water Quality and/or Detention Facility ❑ Geotechnical Report ❑ Other • PREPARIN •' rt• •• • ► il MAPS f Plans and maps should be prepared at an engineering scale (1" = 10/20/50/100/200' and ude a north arrow, legend and •a -. - •BO' •• • O" u -• • - • •tans. •- _ '• e e City prefers the use of a scale that allows a site plan oysubdivision-plat-to-be shown on asingle-s = Archite . • • •• '••s may be prepared at an architectural scale. One cop_ o each plan must be submitte: in •hoto-rea.y 81/2 x 11 format. THE FOLLOWING IS A LIST OF REQUIRE 1 INFORMATION F ACH TY' OF PLAN (I - • a 'ou submi 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 ❑ • Transit stops ❑ • Utility access ❑ 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 >_6"caliper measured 4'from ground level ❑ Location and type of noise sources ❑ Locations of existing structures and their uses 0 - :w":, tie w'vf-:(i:at.ri oiRitieo al.J easements :s� City of Tigard Land Use Application Checklist Page 2 of 5 Locations of existing dedicatecjht-of-ways • ❑ Subdivision Preliminary Plat Map ' The proposed name of the subdivision ❑ 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 storm 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 ❑ Preliminary Partition/Lot Line Adjustment Plan The owner of the subject parcel ❑ The owner's authorized agent ❑ The map scale, north arrow and date ❑ Proposed property lines ❑ Description of parcel location and boundaries ❑ Contour lines (2' intervals for slopes 0-10%or 5'for slopes >10%) ❑ Location,width and names of streets,easements and other public ways within and adjacent to the parcel ❑ Location of all permanent buildings on and within 25'of all property lines ❑ Location and width of all water courses ❑ Location of any trees with 6"or greater caliper at 4'above ground level ❑ All slopes greater than 25% ❑ Location of existing and proposed utilities and utility easements ❑ Any applicable deed restrictions ❑ Evidence that land partition will not preclude efficient future land division where applicable ❑ Future street extension plan showing existing and potential street connections ❑ City of Tigard Land Use Application Checklist Page 3 of 5 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 public ways ❑ • Easements on the site and on adjoining properties ❑ • Proposed streets or other public ways and easements on the site ❑ • Alternative routes of dead-end or proposed streets that require future extensions ❑ The locations and dimensions of the following: • Entrances and exits on the site ❑ • Parking and circulation areas ❑ • Loading and service areas ❑ • Pedestrian and bicycle circulation ❑ • Outdoor common areas ❑ • Above ground utilities ❑ • Trash and recyclable material areas • The locations, dimensions and setback distances of the following: • Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25'of the site ❑ • Proposed structures,.improvements, utilities and easements on the site ❑ • Sanitary sewer facilities ❑ • Existing or proposed sewer reimbursement agreements ❑ • Storm drainage facilities and analysis of downstream conditions ❑ --Locations and type(s)of outdoor lighting considering crime prevention techniques ❑ — The locations of the following: • All areas to be landscaped ❑ • Mailboxes ❑ • Structures and their orientation ❑ 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 ❑ City of Tigard Land Use Application Checklist Page 4 of 5 • • Grading/Erosion Control Plan The locations and extent to which grading will take place ❑ Existing and proposed contour lines ❑ Slope ratios ❑ Utilities Plan 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 fire hydrants ❑ Preliminary 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 Drawings Floor plans indicating the square footage of all structures and their proposed use ❑ Elevation drawings for each elevation of the structure ❑ Sign Drawings . Specify proposed location, size and height ❑ • is curpin\rnasters\revisedlcheddist.doc 5-Jun-00 City of Tigard Land Use Application Checklist Page 5 of 5 • s ~' •. PRE-APPLICATION CONFERENCE.NOTES ,�� ,,IL ENGINEERING SECTION Q sl""mm °'eg'° Development Shaping A Better ` Community PUBLIC FACILITIES Tax Map(s): 2S102CB Tax Lolls): 1300 Use Type: MLP The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: ® SW Grant Street to 25 feet from centerline (Grant is a local residential street in this area.) ❑ SW to feet ❑ SW to feet ❑ SW to. feet Street improvements: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. CITY OF fl6ARD Pro-AppDcatlon Conference Notes Page l of 6 fa/IneMl baefineetWWWON • 0 Other: • • • ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: ❑ street improvements will be necessary along SW , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk CITY OF fl6ARD Pre-ApDHCetlon conference Notes Page 2 of 6 Euuwsrhoonamo•n$10001 • ❑ street trees • • • ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: Agreement for Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district. The following street improvements may be eligible for such an agreement: (1.) (2.) Overhead Utility Lines: ® Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines adjacent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to $ 27.50 per lineal foot of street frontage that contains the overhead lines. There are existing overhead utility lines which run adjacent to this site along SW Grant Street. Prior to approval of the final plat, the applicant shall either place these utilities underground, or pay the fee in-lieu described above. Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in SW Grant Street. The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to extend lateral to serve the new lot. Water Supply: The City of Tigard (Phone:(503) 639-4171) provides public water service in the area of this site. This service provider should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010] provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection. CITY OF TIGARD Pro-AgmUcatlon Conference Notes Page 3 of 6 Eul...rf.0Iu.rt...t a..a.. • . Storm Sewer Improvements. • All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system. The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed. Submit a storm drainage plan for the new lot. All stormwater runoff from the new lot must be hard- piped to an approved drainage system. If there is a roadside ditch along SW Grant Street, then the water can be discharged there. Storm Water Quality: The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met. The City will use discretion in determining whether or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210. Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application. It is anticipated that this project will require: ❑ Construction of an on-site water quality facility. ® Payment of the fee in-lieu. Fee applies to the new lot only. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's projected impact upon the City's transportation system. The applicant shall be required to pay a fee based upon the number of trips which are projected to result from the proposed development. The calculation of the TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF shall be calculated at the time of building permit issuance. In limited CITY OF TIGARD Pre-AppNcatlon Conference Notes Page 4 of 6 Engineering lemma Satin circumstances, payment ofik TIF may be allowed to be deferretil the issuance of an occupancy permit. Deferral of the paPirent until occupancy is permissibleWlv when the TIF is greater than $5,000.00. T1F fee applies to the new lot only. PERMITS Engineering Department Permits: Any work within a public right-of-way in the City of Tigard requires a permit from the Engineering Department. There are two types of permits issued by Engineering, as follows: Street Opening Permit (SOP). This permit covers relatively minor work in a public right-of-way or easement, such as sidewalk and driveway installation or repair, and service connections to main utility lines. This work may involve open trench work within the street. The permittee (t-411 must submit a plan of the proposed work for review and approval. This type of permit requires a non-refundable $150.00 fee. In certain cases, where City costs may exceed the $150.00 fee, • an administrative deposit will be required. In addition, the permittee will be required to post a bond or similar financial security for the work. Compliance Agreement (CAP). This permit covers more extensive work such as main utility line extensions, street improvements, etc. In subdivisions, this type of permit also covers all grading and private utility work. Plans prepared by a registered professional engineer must be submitted for review and approval. This type of permit requires a deposit to be submitted with the construction plans. The amount of the deposit depends upon the overall value of the public improvements. The City will track its costs throughout the life of the permit, and will either refund any remaining portion of the deposit, or invoice the permittee in cases where City costs exceeds the deposit amount. The permittee will also be required to post a performance bond, or other such suitable security, and execute a Developer/Engineer Agreement which will obligate the design engineer to perform the primary inspection of the public improvement construction work. Prior to City acceptance of any permitted work, and prior to release of work assurance bond(s), the work shall be deemed complete and satisfactory by the City in writing. The permittee is responsible for the work until such time written City acceptance of the work is posted. NOTE: If an Engineering Permit is required,the applicant must obtain that permit prior to release of any permits from the Building Division. Building Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171, ext. 304. CIt/OFTIGARD Pre-Application Conference Notes Rage 5 of 6 E/gIueuto0 Inutmeut$eotbe Site Improvement iiirnit (SIT). This permit is generik issued for all new commercial, industrial and multi-Mrily projects. This permit will also bd4irquired for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially - complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. • PREPARED BY: � 1°' 'IlINEERING DEP 0 TMENT ST Phone: (5031639-4111 Fax: (5031684-7297 i:tengtbrianrttemplatestpreap notes-eng.dot Revised: April 21,2000 CITY IN MAN Pro-Application Conference Notes Page 6 of 6 failoeerl.g leperuneet5sctlee