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SUB1990-00003
POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. e, B 111C. (R f y X0570 SW Note Dakota 49040! 1Si 341A, , 33.00 & 3200 t: t: tiCU�.' KatTtJKA "..,= $1Y'a�:- ,YY.7'd:�.f•'i= :;;Wyt Y7.rr :r, Str P AFFIDAVIT OP MAILING STATE OP ORBOON Couty of Washington City of Tigard I, depose and say: (Please print) That I am a V`. .0°Q s(s-- - for The City of Tigard, Or -gon. being first duly sworn/affirm, on oath That I served NOTICE OF PUBLIC HEARING FOR: 'that I served NOTICE OF DECISION FOR City of Tigard Planning Director t.-■-"Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy (Public Hear,4xng Notic' /Notice of Decision) of Wh ich is attached (Marked Exhibit A was F mailed to Aea :a na�aeed persons at tf thy. address shown on the attached list marked exhibit B on the y ��. L 19740 d said notice NOTICE OF DECISION as hereto,, attached, was posed on an appropriate bulletin board on the day of :.,,41r , 19_ a and deposited in the United States Mail on the Wes" day of ANIPM t r 19 41 0 , postage prepaid. Prepared Notice/9d (Rg_NDcisian 9nly1 a�a�rr�lstt �0 , x ,.00 ,14. a4 4;x cribed and sworn/affirm to me on the day of 0 oap fl91l1 t Pe son who delivered to POST OFFICE OTARY PUBL C r s ' ORE My Commission Expire Subscribed and sworn/affirm to me on the 19 • • CITY OF TIGARD Washington County, Oregon NOTICE OF FINAL ORDER - BY PLANNING COMMISSION 1. Concerning Caae Number( s): SUB 90-0003 ZON 90-0003 VAR 90-0005 2. Name of Owner: _Miller & Sons Inc. i4ame of Applicant Same AISNIMIII10•111.11.= 41•■•■■■•■••■■■■ 3. Address Rt. 5 Box City Sherwood State OR Zip 97140 4. Address of Property: 10570 SW North Dakota Tax Map and Lot No( s).: 1S1 34DAAx lot 3100 & 3200 5. Request: A reat for: _4,Lat Zone Chan e from R-3.5 Residential 3.5 unitefacrel to R-4.5 Residential 4.5 unitsagIVIL-__21 SubdImigkalmatinkula_Rlat_Amisoval to divide 1.92 acres into 7 lots between 9 100 and 13,800 square feejizej Variances to allow 7 lots to acc(11.3,2g_psimak.a_rpad he a maximum of 6 are normall allowed and to, allow a 3 foot wide sidewalk where 5 feet is nopy reqw.baati. ZONE: ilIesidential 3.5 units gaol 6. Action: Approval as requested X Approval with conditions Denial 7. Notice: Notice was published in the newspaper, posted at City Hall, and mailed for X X X The applicant and owner(0) Owners of record within the required distance The affected Neighborhood Planning Organization Affected governmental agencies 8. Final Decision: THE DECISION SHALL BE FINAL ON _AllWLiXP90 UNLESS AN APPEAL IS FILED. The adopted findings of fact, decision, and statement of Conditions can be obtained from the Planning Department, Tigard City Hall, 13125 SW Hall, P.O. Box 23397, Tigard, Cregon 97223. 9. Appeal: Any By to the decision may appeal this decision in accordance with 18.32.290(8) and Section 18.32.370 which provides that a written appeal may be filed within 10 days after notice its given and sent. The appeal may be submitted on City forme and must be accompanied by the appeal fee ($315.00) and transcript costs, (varies up to a maximum of $500.00). The deadline for filing of an appeal is 3230 pruni. 10. gliestions: If you have any gnestions, please call the city �f Tigard Planning DepartMent, 639-4171. M/LLER & SONS, INC. IT 5, BOX 62 SHLRWOOD, OR 971 JIM HARRIS HARRIS-- MCMONACLE 12555 SW HALL BLVD T_GARD, OR 97223 BETTY COO (SON 10520 SW NORTH DAKOTA TIED, OR 97223 grlitatigit 9 {��� a �: /1�I 6�1 _�t � 1:1 CITY OF TIGARD PLANNING COMMISSION FINAL ORDER NO.90 -49 PC A FINAL ORDER INCLUDING FACTS, FINDINGS, AND CONCLUSIONS VrnON APPROVES MILLER f SONS, INC. REQUEST FOR A ZONE CHANGE FROM R-3.5 tO R-4.5, SUDIVXSION PRELIMINARY PLAT APPROVAL FOR A SEVEN LOT SUBDIVISION, AND VARIANCES , TO COMMUNITY DEVELOPMENT CODE REQUIREMENTS FORA CORNER YARD SETBACK AND TO ALLOW SEVEN DWELLING UNITS TO RECEIVE ACCESS FROM A PRIVATE ROADWAY. The Planning Commission reviewed this application at a public hearing on April 17, 1990. The Commission's decision is based upon the facts, findings, and conclusions noted belowt FACTS General Information CASE: Zone Change ZON 90 -0003, Subdivision SUB 90»0003, Variance VAR 90 -0005 REQUEST: 1.2 Zone Change from R-3.5 (Residential, 3.5 Units per acre) to R -4e5 (Residential, 4„5 units per acre); 2. Subdivision preliminary plat: review to divide two parcels► totalling 1.92 acres into seven lots ranging in size between 9,100 and 13,800 square feet. 3. Variances to allow: ea) seven lots to access a private road whereas the Community Developfent Code normally allows a maximum of six dwelling units to be Served by a private road and b) a corner yard Setback of ten feet for the proposed lot containing an ecistiang house whereas the Code requires a minimum corner yard setback of fifteen feet. APPLICANT: Miller & Sons, Inc. Rt. 5, Box 62 Sherwood, OR 9710 OWNERS: Same REPRESENTATIVE: : la ir. is /McMonagle Engineers 12555 SW Mall Blvd. Tigard, OR 97223 LOCATION: 10570 S' '' North Dakota Street (WCTM 3100 and 3200) . 181 34DA; Tax Lots COMPREHENSIVE PLAN DESIGNATION: Low 'Denaity Residential. FINAL ORDER NO. 90-09 PC - MILLER PAGE b' rah,, r -;..p_ � W r .G'•�'i �� r_' :rL3 •,; °rar ;" �"a��i,P_ �. S _ _ :.w hey„ .� b; 1 �xi « "r. t1`i 2. Bar kclround Xnormation, The subject property was annexed to the City of Tigard in 1980. No land use or development applications for these propert.es have been reviewed by the City since annexation.; 3. yigimity lnforination Properties surrounding the site on all sides except the west are zoned P -12 (Residential, 12 units /acre) . The recently completed Windmill Apartments are located to the south. A single family residence is located' to the east. An eight duplex subdivision on a private street is located to they north. Two propertiee to the west of the eubiect site are zoned R -2 (Residential 2 units /acre) and are developed with single family residences. To the northwest �1 ii ��e zoned R-4.5. See Exhibit Two for the layout of the existing zoning and surrounding parcelization patterns. 4. Site Information and Pr ©asasal Deacrl.t do t 'Phe subject site contains a single family residencev a garages =:nd an � y outbuilding. Access to the garage is from ' a p aved driveway from SW North Dakota Street in the approximate center of the sitss's frontage. The site contains a number of mature fir trees,' fruit treee, and decorative landscaping ' Materials; Thb 'various trees and bushes alone the site's frontage have the effect of almost totally obscuring the site from the road. The applicants propose to develop a seven lot subdivision from tax lots 3100 and 3200 as illustrated on Exhibit One. In order to accomplish this subdivision as proposed, the applicants have requested a number Of land use and development approvals as described below: A. A zone change from R -3.5 (Reeidential, 3.5 units per acts) to R -4.5 (Residential, 4.5 units per acre) for the 1.92 acre site. B. Subdivision preliminary plat approval to divide the'parcels into seven lots ranging in size from 9,100 to 13,800 square feet. The parcels would receive access from a 24 foot wide private roadway to extend appromimately 250 feet southward from North Dakota Street terminating in a hammerhead style turnaround. The area of the private road Le designated 0 °Tract A" on the preliminary plat. A half - street improvement to SW North Dakota Street will: be constructed as shown on the preliminary plat. Sanitary sewer service to the subdivision will, be provided from a public line e7' eesion southward from the existing sewer in SW North Dakota Street, Storm drainage from the Proposed subdivision Will be carried in subsurface stormdrain pipes to be constructed along the eastern edge of the proposed subdivision and along SW North Dakota Street and then r.` ischarged into the existing ditch on the north side of the property. Public water service will be provided th e y b Tigard Water District from an extension from a 6-inch diameter FINAL ORDER NO 90.09 PC - MILLER 1, dr trk ! i ml 5S �ru a _ NN VL wt, «:� w� k�r ��R�4, •a ��Citi 't({1 ��'y 1', ° - r 1, M waterline extension from the existing 8 -inch waterline from SW North Dakota Street. C. A Variance to allow 7 dwelling unite to be served by a private road whereas Code Section 18105.070.A allows a maximum of 6 dwelling units to be served by a private roads D. A Variance to allow a ten foot corner yard setback for the existing house that would be located on proposed lot 7. A fifteen foot setback is required for corner lots in the R-4.5 zone. 5. Agency and HYPO Commence The Engineering Division has reviewed the proposal and offers the following co ente: 1. The applicant has submitted a prel,imtn= ry 'utility plan and site plan showing existing contours. 2. Access to the site is to be provided, by a proposed driveway with a 30 foot access width, 24 foot, paved width, and curbs. The proposed drive would require a variance from Section 18.1081.070 of the Code. The applicant requests that the driveway be permitted to serve seven lots rather than six lots as permitted by the Code. This request satisfies the requirements of section 181. 160. 120 (5) and sho +old be approved since the existing house currently has access to SW North Dakota Street but will be relocated, to the proposed driveway. Because of the apartment development to the south, extension of a public street is not feasible. No sidewalk is shown on the preliminary section of the private roadway, a ' by Since a 5 foot sidewalk is no justification for this omission has been submitted a sidewalk should be required. 3. SW North Dakota ie a minor collector street requiring a 60 foot right-of-way. The existing right -of -way is 25 feet wide from centerline and is not improved with curbo or sidewalks 4. Storm drainage is provided by a private line that connects to the proposed public line in SW North Dakota Street,} 5. Sanitary sewer is provided by an existing line in SW North Dakota Street. Wo extension of the `sanitr ry sewer :line is required. 6 The proposed zone oshange is not expected to lower the level of service to surrounding streets coneequent1y, the Engineering Division has no objections to the proposed zone change. . d proposal and has �coMment that The Building Division has reviewed the r utilities for the existing house must be located and must be provided with easements if the utilities will arose new property lines. A FINAL ORDER NO. 90-09 PC - HILLER �o- � Cdr yl rt s ; wax `, st private storm drain must be provided along the northern edge of ProPesed Lot 3 to the east and extending northward along the eastern border of proposed Lot 2 to the proposed storm drain. The Tualatin Valley Fire ,,nd Rescue District has reviewed the proposal and provides the following comments: 1. Proposed fire hydrants shall be moved to the entrance of the development. Coordinate the location of the hydrants with the Tigard Water District. 2. Install signs stating "No Parking, Emergency Vehicle Turnaround, Tow Away Zone, ORS 478.910" in the area of the hammerhead turnaround as well as No Parking" signs on one side of the proposed private street. 3. Lots 3 and 4 will require a 20-foot wide all-weather surface driveway to access both lots from one drive. Tigard School District 23J has reviewed the proposal and has commented that the proposed subdivision is located within the C. F. Tigard Elementary/Fowler Junior High attendance boundary. This subdivision, along with several other proposed developments currentlyproposed, would be expected to generate 13 new students for Tigard Elementary and 97 students at Fowler Junior High. :However, the Tigard School District may not be able to accommodate these students at Tigard or Fowler schools. Prospective occupants of the subdivision should be advised that students may be bussed to other schools. After the district completes construction of a new middle school in 1992y it is anticipated that there shall be room available at C.V. Tigard Elementary and Fowler Junior High School. The Tigard Water District, ?GE, and GTE, have reviewed the proposal and have offered no comments or objections. No other comments have been received. B. FINDINGS AND CONCLUSIONS Zone C4Angg The relevant criteria in this case are Tigard Comprehensive Plan Policies 2.1.1, 6.1.1, 6.3.1, 7.1.2, 7.3.1, 7.4.4, 8.1.1, 8.1.3, and 12.1.1.B and evidence of a change in circumstances affecting the Subject parcels or a mistake in the original zoning designation. Because the Tigard Comprehensiv,s Plan has been acknowledged to be in compliance With the Statewide Planning Goals, the Goals do not need to be addressed for a zone change proposal. The Planning Commission concludes that the proposed Zone Change will comply with the applicable Plan policies based upon the findings noted below: FINAL ORDER NO. 90-09 PC - MILLE PAGE 4 1. Policy 2.1.1 is satisfied because City of Tigard Neighborhood Planning Organization #7 was provided with a copy of the proposal and was afforded the opportunity to comments prior to issuence of this report. In addition, property owners within 250 feet of the site were given notice of the public hearing on the proposal and were advised of their opportunity to comment. Policy 6.1.1 is satisfied because the proposed zone change would increase residential development opportunities in the City of Tigard by two units and would allow development of smaller (7500 square foot minimum), typically less expensive lots than are allowed by the existing R -3.5 zone (10,000 square foot minimum) . 3. Policy . 6.,3.1 is satisfied because the proposed zone change would not allow uses or a residential density not presently permitted in the surrounding area and would therefore maintain the character of this semi-established residential area 4. Policies 7.1.2, 7.3.1, and 7.4.4 can be satisfied because extenssion, of sewer, water, and storm drainage facilities to verve the development will be required prior to approval of the final plat. The applicant has provid d preliminary plans for extension of the facilities and has noted that they will be provided within the subdivision in conformance with City standards Detailed public . improvement plans will need to be approved by staff and service providing agencies prior to installation and final plat recording. 5. Policy 8.1.1 calls for the provision of a safe and efficient street system which will accommodate present and future needs. This polio i.e aati,efi.ed because the area proposed for increased density Jo located on SW worth Dakota Street, _a minor collector street, which should be able to handle the slight increase in potential traffic that might result with development under the proposed R -4.5 zoning designation. In addition# the proposed subdivision would result in str et improvements being constructed to minor collector street standards along the site's frontage which would provide for a eafer street system in this area. 6. Policy 6.1.3 will be satisfied when conditions of approval relating to street improvements are s.omplet d in conjunction with the final plat. 7. Policy 12.1.1.1.D (Locational Criteria for Low Density Residential Zoning Districts) states that areas should be zoned consistent with the existing development pattern and that smaller lots should be perfitted within c1osse proximity to jobs, commercial areas an d public facilities and services. This Policy is satisfied b = cause this subject parcels are within an area that contains smaller lots with t-4.5 and R-12 zoning to the north and northwest and multi - family development to the northeast and south. Thereforev the proposed rezoning would allow development Of the parcels to be at a density closer to what has r'ecere ly occurred within the area In addition, the parcels are relatively olosse to employment opportunities and commercial. development along the Greenburg FINAL ORDER NO. 90 -09 PC - MILLER R PAGE 5 41 1Y .f:', rl .,1'�a•�. r�, d��. i ,.1 {{ .+" .f� "•�, 1 S'F�'t. .. �, �.'� `..'!. .'� 1� `,�.. •�hl�. ..�,. �', and thus corridor thus redoei g n ation would be supportive of the ideal of locating housing opportunities near activity centers. 8. The change or mistake criterion is aatisf i =d because an apparent mistake occurred in the original designation of these parcels in that the pavicele were zoned to reflect the existing large lot development pattern at that time without respect to the permitted densities allowed parcels later surrounding development on neighboring emlike uses on the csubject parcels. The existing R -3.5 on the semi-rural zoning may have been placed on these parcels in a mistaken attempt to require additional buffering for development on adjacent parcels. In actuality, th buffering and screening requirements for surrounding development is no different whether the parcels are zoned t -3.5 or R- 4.5. Subdiviellm/Variance Besides the above Plan policies® applicable criteria for Subdivision approval are found in Community Development Code Chapters 18.50, 18.108, 18.92, 18.134, 18.150, 18.160, and 18.164. The Planning Commission concludes that the proposal complies with these criteria for the reasons stated below: 9. Community Development Code Chapter 18.50.(R -4.5 Zoning District) is satisfied because all of the proposed lots are larger than the 7,500 rd of the proposed R-4.5 zone and all a� e.se food: minimum lot. size Standard on in conformance with setback proposed lots should be able to be standards of the zone without variances. The sixty foot depth of the • rear portion of proposed log 1 will, h owever, be difficult to use as a building site. Therefore, future development of this site may need to be located in the wider northern portion of the lot. In addition, the proposed ult in the existing house not , i dimensions teenlofootvcor corner yard setback from the proposed satisfying private road tract as required by the R-a4.5 zoning district dimensional requirements. A variance is considered in #11 below. 10. Chapter 18.92 (Density Computations) is satigiied because the proposed density is consistent with Code requirements. The seven lobs are proposed for approximately ro osed in an area that would provide an opportunity 8 lots if developed to the full density opportunity of the R -4.5 zone. 11. Chapter 18.150 (Tree Removal) requires that the number of trees over 6" in diameter that are removed during the course of construction be minimized. The proposed development''+ streets, utilities, and residences will necessarily require the rew�'val of a significant number 5 s removed should and can be of trees. wover, the. number of trees over 6 inches in diem =ter minimized through 9 caryeful site utilities, streets, and residences. Plans be tree removal must be reviewed b y the Planning staff through an Plans for application for a tree cutting permit. p ) .. - b the proposal 12. .... , j teal is approval ied becata�a t, y r the requirements 1 ements fords ubmitt aa� satisfied of a pre!iMinar the reguir FINAL ORDER NO. 90 -09 PC - MILLER Two variances to Code r= quiremonts art aro necessary for the subdivision as proposed. The .existing house on p�:oposed' lot 7 would be a min ®adwof ten feet from the .lot's southern boundary along the privat roadway tract. Code Section 18.50.O50R.2.b requires a minimum corner yard setback of fifteen feet• The applicants have also requested a variance from Code Section 18.108.070.A which permits a maximum of six single family dwelling units to be served by a single private accessway. Seven lots are proposed to be provided with access by the pa oloced 24 foot 18.160 .120.5 provide the following wide private roadway. a to a Section � del standard to be considered through a criteria for a Variance subdivision applications A. There are special circumstances or conditions affecting the property which are unusual . and peculiar to the land as compared to other lane similarly situated; B. The variances necessary for the proper design or function of the eubdivieion; C. The granting of a variance will not be to the he public health, safety, and welfare or injurious to the rights of other owners of property; and, D a The variance is necessary for the preservation an the. enjoyment of a substantial property right because of au exteaordinary hardship which would result from strict compliance with the regulations of this ordinance. Both requested variances were brought about by the apelicant'S response to City 'staff's concerns for traffic safety along SW North Dakota Street. Code Section 18.154.030.E requires that, as far as possible, streets should be constructed in alignment with existingstreets d by continuing the centerline of the existing street to the opposing street. Although both the p roposed roadway and roadway s.. er v ng the duplexes to the north are private and are t hai: ally not subject ta this requirement, good design practice follos this direction in order to eliminate offsetting turning movements. In order to align the opposing private roadways and to eliminate the degree of curve of the .._ necessary to have the roadway Proposed roadway, the applicants found it pass within ten feet of the existing house. No apparent safety or public welfare concerns will result if , is for the variance igranted. ,de p distance and vision clearance are provided by the Adequate site subdivisions design. The proposed reduced setback is necessary for the property function of the subdivision and therefore should be approved. Good development design practice directs driveways to the least travelled available street in order t o m travelled streets. To that endb minimize the number of points of conflict tra£f,�.c movements on heavier irect �:he dri.v a�ia,,y £br last �tevea3 tai staf t eu gated ghat the agpi.icant dew North Dakota Street. This would r! the private roadway rather than to S appear to be especially beneficial to traffic safety putposea because FINAL ORDER NO. 90 -09 FO MILLER lot seven's Umited frontage en SW North ',)akota Street would otherwime dictate that the existing home's driveway 1'12 loc td close the proposed roadway's intersection with SW North Dakota Street and would therefore provide the potential for conflicting turning movements. The general purpoee of the limit on dwelling units that may be served by s private rot.dway is apraeently intended to reduce the potential for overloading a roAway withelimited parking opportunities. Because of the length of this proposed roadway, parking would not appear to be a eignificant concern. Because striet compliance with the Code's requitement would cause the seventh lot's driveway to pose a possible traffic hazard and because the oposed variance would. not have any apparent detrimental. effectc uron safety or public welfare, the additional lot shall be allowed access to the private roadway in order to promote proper design and functionality of the subdivieion. The exist...lege g,,,rage and outbuilding are not shown on the preliminary plat. If the buildings w re to be retained, the buildings would appear to violate setback requirements. Since no variance ha e. bean requisted, the baildinge will need to be removed prior to recording the final plat. 13. Chapter 18.164 (Street and Utility improvement Standards) of the Code will be satisfied during the approval process for the final Plat and public improvement plans. C. DECISION The Planning .0ommission approves Zone Change ZON 90-0003, Subdivision SUB 90-0003, Variance VAR 90-0005 for to lot 3100 and 3200 of WOW 2S1 34DA as described below sublect to the conditions which follow: 2. Zone Change from R-3.5 (Reeidential, 3.5 unite per acre) to R-4.5 (Residential' 4.5 units per acre); 2. Subdivision preliminary plat review to divide 1.92 acres into seven lots ranging in size between 9,100 and 13,300 square feet; and 3. Variances to allow: a) seven lots to acCes4 a private road whereas the Community Development Code normally allows a maximum of six dwelling units to be served by a private road and b) a corner yard setback of ten feet for the proposed lot containing An existing house whereas the Code requires a minimum corner yard setback of fifteen feet. UNLESS OTHERWISE NOTED, ALL CONDITIONS SHALL 1 HET OR ASSURED PRIOR TO RECORDING THE FINAL PLAT. 1. The final subdivision plat and an outbound dasortption obeli be submitted to the Engineering Division before recording. The plat shall clearly Show: A. The access easement as well as ownerehip and maintenance reopeneibilities, FINAL ORDER NO. 90-09 PC - HILLER PAGg a B. The private sanitary sewer eaeemente, C. A private storm drainage easement along the southern boundary of proposed lot 2, and D. Any other public utility or sewer easements. STAFF CONTACT: John Hagman, Engineering Division (639- 4171). 2. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Division. Seven (7) sets of approved drawings and one (-) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted for final review and approval. (OTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public inseeavements. STAFF CONTACT: Jahn Hagman, Engineering Division (639 -4171) 3. Building permits will not be issued and construction of proposed public improvements shall not commence until afser the engineering Division has reviewed and approved improvement plans ...sited. opening roveal .the public agreement has nbeend executed. street ®A 1 00 permit or construction compl g percent performance assurance or letter of commitment, a developer. engineer agreement, the payment of a permit fee and a sign installation /streetlight fee are required. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 4. Additional right - nf-way shall be dedicated to the Public along the SW North Dakota Street frontage to increase the v ght -of -way to 30 feet from the centerline. The description shall be R tied to the exiting right- of-way centerline. The dedication document shall be on City forms. Instructions are available from the Engineering Division. STAFF CONTACT: John Hagman, Engineering Division `639 - 4171). S. standard half - street improvements, including concrete tar Sewer, driveway apron, curb, asphaltic concrete pavement, y , storm drainage, streetlights, and underground utilities shall be installed along the SW North Dakota Street frontage. Improvements n shall be designed and constructed to minor collectoz and Shall conform to the alignment of existing adjacent improvements or t o an alignment pp e �y the Engineering Division. STAFF CONTACT: Gary Alf Engineering Divi ion (639 -4171) . 6. A profile. of Street • add and f 5in1 North Dakota set site shall showin the required, e.cieting extending ,JD feet either side of the sub showing proposed osed future grade. STAFF CONTACT: Gary Alf son, Engineering Division (639- 4171) . A 30 foot wide private drive including mailbox clusters a 5 foot sidewalk, driveway aprons, curbs, 24 foot wide asphaltic concrete pavement, sanitary g be installed, sewers and underground utilities si�al� FINAL ORDER NO. 90 -09 PC MILLER ITIEZZONSIMMVICKEWannom Alt STAFF CONTACT: John Hagman, Engineering Division (639-4171). 8. The proposed privately operated and maintained driveway plan - profile and cross-section details shall be provided as part of the Public improvement plans. STAFF CONTACT: Gary Alfsono Engineering Division (639-4171). 9. Driveway cuts shall not be permitted within thirty feet of interseeting right-of-way lines nor within five feet of property lines. STAFF CONTACT: John flagman, Engineering Division (639-4171). 10. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways and the private storm drain. The agreement shall' be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Division prior to recording. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 11. A grading plan shall be submitted showing the existing and proposed contours. STAFF CONTACT: Greg Berry, Engineering Division (639- 4171)0 12. No direct access to SW North Dakota Street Will be permitted. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 13. The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system or by an on-site system designed to prevent runoff onto the adjacent property. STAFF CONTACT: Brad Roast, Building Division (639-4171). 14. The proposed privately operated and maintained drainage system plan-profile details shall be public improvement plans. STAFF CONTACT: Division (639-4171). 15. An erosion control plan shall be provided improvement drawings. The plan shall conform - Technical Guidance Handbook, November 1989. Berry, Engineering Division (639-4171). sanitary sewer ani storm provided as pert of the Greg Berry, Engineering as part of the public to "Erosion Control Plans STAFF CONTACT: Greg 16. Utility lines serving the existing house on Taic Lot 3100 should be loca47.ed akd easements shall be provided if lines cross the proposed property lines. STAFF CONTACT: John Hagman, Engineering Division, (639-4171)4, 17. A tree removal permit must be obtained prior to the removal nf any tree With a diameter of six inches. A tree survey illusitratints the type, caliper and location for all trees with a caliper in excess of six inches shall be submitted as part of the tree removal permit application Trees over 6 inches in diameter shall only be removed to construct streets, utilitiesi, and residences. Trees to be retained on the Site shall be protected during construction by fencing or similar FINAL ORDER NO. 90-09 PC - HILL'( means to be approved by the Planning Division STAFF CONTACT= Jerry Offer, Planning Division, (639 -4171) 18. The e ,sting outbuildings shall either be shown to comp2 with applicable setback requirements or shall be removed prior to ' final plat recording. A deMa,litiov. permit shall be obtained prior to demolition or moving og the mtructures, STAFF CONTACT: Brad Roast, rig: .ding Division (639 - 4171). PRELIMINARY PLAT APPY:.1VAL SHALL BE VALID I ' EXERCISED WIT IN IS SONTHS 07 THE FINAL DECISION DATE It is further ordered that the applicant be notified Of the entry of this order. PASSED: This ZG day of April, 1990, by `4he Planning Coed y ° � pi�seic►n of th =� City of l'gard 0:14,1414210WArr Tigard Plaki g Commission br/ j o: = W390-03.470 AFFIDAVIT OF HA LING STATE OF onEGo1 County of Washington City of Tigard . That I am a .. il,,�c.. C > for The city of Tigard, Oregon. d.•- :11hat I served NOTICE OF PUBLIC HEARING FOR: That I served NOTICE OF DECISION FOR: City of Tigard Planning Director igard Planning Commission Tigard Hearings Officer Tigard City council copy (Public Hearing Notice /Notice of Decision) of which is attached (Marked Exhibit "A") was Mailed to each named persons at the address shown ca the attached list marked exhibit "Er onnthe 22 . day of said notice NOTICE OF DECISION as hereto: attached, was posted on an appropriate bulletin board on the __ day of ._..:, 19__ and deposited'. in the United States Mail on the . _11.11.t. day of , 4._:.4 AAL postage prepaid. Signature Person w10 posted On Bulletin Be (For Decision owl) Perdoaa who delivered to POST OFFICE Sub cribed and sworn/affirm to me On the `" day of NOTAUY PUBLIC OF OREGO 7 my% eommieelion Expires bkm /I"FIDA'V a D N TI CE _Dr BL I C HEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD PIING COMMISSION, AT ITS MEETING ON TUESDAY, Ag 3.1 17. 1990, AT 7:30 kM, IN THE TOWN HALL OF THE TIGARD CIVIC CENTER, 1.' i25 SW HALL BLVD., TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATIWT FILE NO: SUB 90 -0003 NPO # 7 FILE TITLE: Miller & Sons, Inc. APP /OWNER: Miller & Sons, Inc. Rte. 5, Box 62 Sherwood, OR 97140 AGENT: Harris- MCMonagle Eng. (Jim Harris) 12555 SW Hall Blvd. Tigard, OR 97223 REQUEST: SUBDIVISION SUB 90 -0003 VARIANCE VAR 90 -0005 ZONE CHANGE ZON 90 -0003 MILLER & SONS, INC. NPO #7 A request fors 1) a Zone Change from R -3.5 (Residential, 3.5 unite /acre) to R -4.5 (Residential, 4.5 units /acre) ; 2) Subdivision preliminary plat approval to divide 1.92 acres into 7 lots between 9,100 and 13,800 square feet in size, 3) Variances to allow 7 lots to access a private road where =;: maximum of 6 are normally allowed, and to allow a 3 foot wide sidewalk where 5 feet is normally required. ZONE: R -3.5 (Residential, 3.5 units /acre) LOCATION: 10570 SW North Dakota (WCTM 343A, tax lots 3100 & 3200) (See MATTER WILL vBEse Side) THE PUBLIC HEARING ON THIS MA CONDUCTED IN ACCORDANCE WITH THE d ... . , S OF PROCEDURE ' COUNCIL AND AVAILABLE RULES OF CHAPTER 18.32 OF THE ZsADI,,E AT CITY HALL, COHT�'X DEV'EL�iPMENT CODE A�d1D RAE BY THE TIGa�RD CIT�f ERSOi�'�4 �IAVI�V11 INTEF�ST RULES OP ADOPTED THIS PROCEDURE SET FORTH IN CHAPTER 18.319. P MATTER MAX ATTEND AND BE HEARD, OR TESTIMONY EAY BE SUBMITTED IN WRITING TO BE ENTERED INTO THE RECORD OF THE HEARING. FAILURE TO RAISE AN ISSUE IN PERSON OR BY TTER PRECLUDES AN APPEAL, AND FAILURE TO SPECIFY THE CRITERION PROM THE COMMUNITY DEVELOPMENT CODE OR COMPREHENSIVE PLAN AT WHICH A COMMENT IS DIRECTED PRECLUDES AN APPEAL BASED ON THAT CRITERION. FOR FURTHER INFORMATION PLEASE CONTACT TIGARD CITY HALL, 13125 SW HALL BLVD., ORGANIZATION (NNPO) 4 7 . c AIRPERtSON o c7amea 3 0 1 an bean /ST5 90 -03. B THE PLANNING DEPARTMENT AT 639- 4171, OR CONTACT YOUR NEIGHBORHOOD PLANNING PHONE NUMBER: 626.0..6.... /0 7/ dam. ti y a p1'► p� �f p�p� 41'1! 1S13 DA -00100 •d odovs a • R PROPERTIES PARTNERSf1P 6635 N BALTIMORE PORTLAND OR 97203. 1S1.34DA -003 . +Y'�• • b • O r • • .. . O b O i , SUSAN 1.1 o SW 306TH `Ate T1 ARD 1S134DAr-00302 .,..,L0000...,.0•boob • YERS, VICKI ' 7120 SW 60TH AVE PORTLAND OR 97219 �p 1S134DAm 00500 a mbbib'io•cnoes omo a GUNDERSON, ALUREDOBELENE % GU DERSON6 JOHN MiCABM4N 17203 JACINTO RD BEND OR 97702 1S134DAp-02700 oe omo•osme s osb m•m BERCUTT, MICHAEL J BO,G, RICHARD EOBERG, 0linISTINE 10660 SW NORTH DAKOTA ST IGARD OR 97223 1S134DA -02900 aiiwio•Idobe d•cSodoO PATE , AL8EAT ELAR4H 10600 SW NORTH DAKOTA ST TIGAID OR 97223 '1S134DA- 03300 o,00e•oseeps edoecedd WILLIAM If 1COOKSON, 'BETTY L 10520 SW NORTH DAKOTA TIG3D OR, OR 97223 1S1340A -03600 . 000aoacois000p000 FITZGERALD, SANDRA J 10587 Sind NORTH DAKOTA ST TDGARD OR 97223 OR 97223 1134DA00400 •fib •• •• mamma, DENNIS AND PAMELA J 4850 NW SALISHAN , DR PICESIARD b i•' Y o.i • •.0 •e 151.140A-01609 mss, C _L & KNIGHT, JOAN, ...• ' 2 80X 86 • MERTON OR ' 97075 • 4DA- 02800 mbb¢ sewi�ids•ai'eoiaio BOSERG, RICHARD W STINE A 10660 -Sill NORTH DA1OTA T'SGAIAD OR 97223 15134DA -03000 i ioeo «.i•000•ddid 2STECKY, ALBERT BLANCHE 20600 SW NORTH DAKOTA ST TIGARD OR 97223 •1,:7 Al S134DA -03900 oOdOo0•000OWO000000aO MCCULLOCH, HOWARD L TR BY TANIUM PROP MGMT INC 34 NW 1ST AVE STE 401 PORTLAND OR 97209 • 134DA -03500 .oroadaoddsssoed•ondd SUIGENAGA, AKI1 A AND DORIS R 1300 LIGHT VIEW STREET MONTEREY PARK CA 91754 134DA -03700 iiiddiuddmddmb�dddidd BW ER, STAN • CONTINENTAL CAPITAL CORP 2120 SW JEFFERSON POSfIAND OR 97201 15134DA -- 04000 ............. NELSON, ROSOOB oJR 12120 Sig JEFFERSON IPORTLAND O O m a i o p.O' oft '97201 15134DA- 04100 d d d d d bo44' a. ...... MCCULLO H, HOWARD L TR )Y TANDEM PROP MGMT INC 1,34 NW 1ST AMR STE 401 PORTLAND OR 97209 1S134DA -04200 ooO000,06aasaiiiieg, WAT,TS,, RAL; }ILENE DOLLY 10557 SW N0RTB DAKOTA l TICAAD OR 97223 .1.S134DA's''04300 a e. o ®e o e a e s e s o o e• LUCtiT, HhItit SHEE DON 10551 SW NORTH DAKOTA TIGARD OR 97223 ..dif 18134DD- 00100 eoddib0Ui0Odsbmob4Oisde BARRIS, CHARLES 18 xII /DEBO 8 ,;J 83.., 1.a SE STARK PORTLAND OR 97216 JAMES BOYLAN 11844 SW MORNING HILL DR TIGARD, OR 97223 I A£tRIS- MCNMONAGLE E NG JIM HARRIS 12555 SW HALL BLVD TIGARD, OR 97223 CITY OF TIGARD, 13125 !SW Hall,• PO Box 23397 Tigard, Oregon 97223'7 (503) 639-4171' POR'STAFFIUSE ONLY . r. i OT" 1,4. CASE NO o a: RECEIPT NO. APPLICATION ACCEPTED BY: DATE: �. 1. GENERAL' INFORMATION Applica ion elenta submitted: PROPERTY AVDRES ILOCATIO A): Application fog gy' 10 . . i St. Tigard ,ard i) Owner's aignature /written a��ry� p TAX LOT *q 1S 1 34DA aue r1xat `oax AX A.ND TAX .OVA. 11 O n (0 . t e trafe r instrument (1) SITE SIB a 92 Acres Jai eat a s ap (1), wermaciaosor Pr ; tary Plat (pre -app WITLICANT* Miller & Sons, Inc. ADDRESS Same. ? )NE 625-6562 CITY � ZIP *When..fie.Aoer and the applicant are different ea le a tae 4applicant must be . the purchaser of record or a ,.Dade .iny ®eeaaian with written authorisation from the a nt.:. f' the, (mar with written author katicidta `I 9ie o er(s ) mu ®t an this pp . the space provided in v page two or �.icafiio� �.n submit a written uethoriiation with'this application. 2 e . PROPOSAL SUZY The owners of record of the subject property request permission to divide a 0.92 Acre Tara parcel into 7 lots between (nn ber of ,0t e) and l a 800 � square .. e - 9100 . � re �u..et in Size.- ec r t) ) Applicant's statement (pre pp' checklist) (0) List off'.. property owner and addressee within 250 feet (1) MISWW (N) Fling fee (tame plus t5 DACE ,DE FINAL DECISION "DEADL X :. COIF. P411$0, D DEST NATION' • List an variance P, .snned Deve opaent n Sensitive 'Lends, . or other land use actions to be 'cons iderod. as part.' of this applic�ation'� Variance 2_ 'ee i1p,p2rL l at,a � r . . pp ants s To have . 's cam let pp you will. ,;need to submit aIttachment • 1� lf�c p �, a �,icat�,on , 0 desckibcd in, the attached` Information sheet at' the' time `you submit this. • application.. I - e . Y4E APPLICANT(S) sib CERTI 'Y THAT: • die agbove r aae it jd ®es net via1late an deed rsstr cia nil ttaot C /WY be attached to or seed uBA the sub sect prozert • If .. than a lication' :�.® ranted the applicant r lil exercise pp the rights rc3s granted in accordance with the terms and subject to all the conditions and limitations of the appr oval. • All of the above statements and the statements in attachments, herewith, are pp�,ix� roan acknowledge � transmitted here a n that any permit issued, application, may be revoked If it is found that any such false. the plot plan, true; and the based on this statements are ® pp is of the a p lication criteria, P e entire conten pp. The applicant has read th the 'policies and and u+nderstandb the requirements far ar denying the application. DATED this -;?'57i day of SIGNATURES of each owner (ego husband and wife) of the subject property. (KSL:p0/0520p9 • CITY OF TIGARD, OREG N CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223- (503) 639 -4171 1. GENERAL INFORMAL . PROPERTY ADDRESS /LOCATION da4'7C $ ° oV® ded TAX MAP AND TAX LOT NO. 15 34/ „an 14 67,A0 e0, 240 SITE SIZE A. 92 '" L FOR STAFF USE ONLY CASE�TI� �. CASE NO • ✓ - 0•' Or CASE NO'S: NO. "0 AT ION ACCEPTED BY:: DATA 4 -€4, Pte, Application elements submitted: A) Application form (1) (B) Owner's signature /written authorization (C) Applicant's statement (pre -app check list) _(D) Filing fee (t -) Additional information for Compre- sive Pan Map Amendments /Zone Changes E) Maps indicating property location (pre -app check list) (G) Assessor's Map ( 1) ----(H) Title transfer instrument (1) DATE DETERMINED TO BE COMPLETE: PROPERTY OWNER /DEED HOLDER */1/�`� S4'°'e""o PHONE "des ADDRESS S6.. APPLICANT* Z2/./�% ADDRESS 7I P PHONE 4Z-4"- -egS"g *When the owner and the applicant are different people, the applicant must be the purchaser of record or a leasee in possession with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must aign this application in the provided ace on page two or P submit a written authorization with this application. 2. PROPOSAL, SUMMARY sub,ec� property t of the ... re�ues a � owners of record a Zone Change from "_ ' ,3 to OR l .L' The applicant requests an amendment to t he following sections of the Comprehensive Plan or Community Development Code__ �. FINAL DECISION DEADLINE: COMP. PLAN /ZONE DESIGNATION Planning Commission Approval Date: City Coinncil Approval Date: y , conditional vises, or other land use actions to be considered • List any vairia'ace condition as part of this application: • Applicants: To have a complete application you wi741 need to submit attachments described in the attached information sheet at the time you submit thie application ' • THE AP THAT APPLICANT(S) �.L �E��x�Y Am The above request does v i o l a t e not . 21 deed . restrictions' that ne7 be. attached to og osed the sub ject _Bg B. If the application is granted, the appU :ant will exercise the rights granted in accordance with the terms and subjent try •alb. the conditions and limitations of the approval. C� All of the above statements and the statements in the piot plan, attachments, and exhtwits transmitted ' hereWitt , are true; and the applicants -SO acknowledge that any ., permit issued„ based oa this application, may be revoked it it is found that any such statements are false. D. The applicant has read the entire contents M of the application, ,ncluding P , requirements for approving the policies and criteria, and. wndexstaixds ,the re or denying the application DATED this SIGNATURES of each owner (eg. husband And wife) of the subject property. (1(SL pm /0737P) 1S134DA• -00100 ••••••••••••••410... S N PROPERTIES PARTNERSHIP 6635 N BALTIMORE PORTLAND 18134DT -003 SHAY, SUSAN D 11180 SW 106TH AVE TIGARD 0l00000 •• ••• •• 0 0 0 0 0 ♦• OR 97223 1S134DA •0020 ea* O d♦ O•••• a•• O O 0 d 0• 0 MEYERS, VICKI 7120 SW 60TH AVE PORTLAND OR 97219 18134DA- 00600 e••e•o•••••dea0•000 o GUNDERSON, ALFRED C/HELEN E GU AD OS0N, JOHN 4 /CARMEN 17203 JACZNTO RD BEM OR 97702 13134DA -00400 sloe •e•••• ••••••edeoo• WITHRO ], DENNIS AND PAMELA J 4850 NW SALISHAN DR PORTLAND OR 97229 1S134DA.- 01600 ♦ O • • • O d 11 • O O ♦ Y O f •. •. • @ O. O' wars, C L & KNIGHT, JOAN M PO BOX 86 BEAVERTON iS134DA 02700 •••••••• • •• • • 0• EERCUTT, MICHAEL J BOBERG, RICHARD BOBERG, CHRISTINE 10660 SW NORTH DAKOTA ST TIGARD R,tD4.4� r� /+�p� OR. 97223 3.S3.34DA- .02900 • ••••••*a0••••••••d• PATECKY, ALBERT BLANCHE /0600 SW NORTH DAKOTA ST TIGARD OR 97223 1S134DA- 02800 0 0000••000 ••0.0 BOBERG, RICHARD W CNRXSTINE A 10660 SW NORTH DAKOTA TIGARD OR 97 ,3 18134DA- 03000 00000.0. • 00000100 010 PATECKY, ALBERT BLANCHE 10600 SW NORTH DAKOTA ► ST TIGARD OR O#223 16134DA- -03300 COOKSON, WILLIAM V BETTY L 10520 SW NORTH DAKOTA TIGARD OR 97223 18134DA- •03600 ••••••••••••••••••••• FITZGERALD, SANDRA a 10587 SW NORTH DAKOTA ST TIGARD OR 91223 1S134DA -03900 •••46000••• MCCULLOCH, HOWARD L TR BY TANDEM PROP MGMT INC 34 NW 1ST AVE STE 401 PORTLAND OR 97209 1 S134DA"`03500. •••••••••••••••••••• SNIGENAGA, AKIRA AND DORISX 1300 LIGHT VIEW STREET MONTEREY PARK CA 91754 1S134DA.43700 4...4••••••••••••••••• BLAUER, STAN % CONTINENTAL CAPITAL CORP 2120 SW JEFFERSON PORTLAND OR 97201 1S134DA.44000 f0dd0•dOd Oa••O•ddFladO NELSON, ROSCOE alt 2120 SW JEFFERSON PORTLAND OR 97201 1S134DA- 04100 A•dm••G•d.aS•addd•dd• MCCULLOCH, HOWARD L TR BY TANDEM PROP MGMT INC 34 NW 1ST AVE STE 401 PORTLAND OR '91209 1S134D ia,•- M'�p 46'i ®tiP •rddoe•dedbboe•dudedp WATTS, RwPHLENE DOLLY 10557 SW NORTH DAKOTA TIGARD OR 97223 1S134DA- 04300 d Ail • ii LUC HI' , atgLDON 10551 S6 NORTH DAKOTA TIGARD OR 91223 18134DD- .00100 0.0 d••A 0000•••00.00 HARRIS �, CI�ARY�Y�'8 B III /i3EEICJRRI� 8315 SN S'TP.+RR °IGARD, CITY OF PO BOX 23397 TIGARD OR 9 7223 5-00_ C2C2 4.. 7 o b •3 boo '(COO r` /O . 942f4 -P TO :....(:.X.• PROM: Tigard anning Divisio n P1 Division RE: SUB90 -0003 NODRK ACRES SUBDIVISION 90 -O003 VARIANCE 90-0005 ZONE CHANGE ZON 90 -0003 MILLER as SOOP3, INC NPO 07 A request for approval to 1) Oubdivide 1,92 acres into between 7 between 9,10 0 and 130800 square feet in aim Also requesteed are lots 2) a Zone Change from R-3.5 (Residential, 3.5 unite per acre) to R-4. (Residential 4.5 units per zre) and 3) a Variance to alloy 7 lots to per p - e 6 are normally allowed, and a ' foot wide aoc ®ss a private root) why °r sidewalk where 5 feet is normally required. ZONE R-3.5 (A= ridentiai, 3.5 , & units/acre) LOCATION: 10570 SW North Dakota i(6�ICT?i� 340A tax lots 3100 3200) Attached is the site plan and applicants statement for ,rail= review, From information eutp plied by various departments and agencies and from other information available to our staff, a report and ndatthn near be the proposal future. ` If prepared re aged and a d ®c�.a~ Lon will be rendered on ' ... Pip Y separate letter to retu90. You wish to comment on this application, we need a your comments by 03/23/90 You may us. tie space provided below ax at a p Your noa ents. If you are unable to respond by the above date, pleas- phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any question regarding this matter, contact the Tigard Planning Department, PO Box 23397, 13125 SW Nail Blvd., Tigard, OR 97223. PHONE: G3 , -4171 w STAff CONTACT: PLEASE CHECK THE VOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to it Please contact of our office. Please refer to the enclosed letter. Name i of persona oo 'atenting: Telephone nser :Fr NOT TION LIST FOR ALL APPLICATIC NPO NO. (2 copies) CITY DEPARTMENTS '''Building Inspector /Brad R. City Recorder _ Engineering /Gary A. CPO NO. 3. SPECIAL DISTRICTS °ire 'District (pick --up boy bldg.) ► V Tigard Water" District 8777 SW Bums St. Tigard, OR 97223 School Dist. No. 48 (Beavr) Joy Pahl PO, Emu 200 School District. 23J 13137 SW Pacific Hwy. Tigard, OR 97223 ...®, Metzger Water District 6501 SW Taylors Ferry Rd. Tigard, OR 97223 4. AFFECTED JURISDICTIONS Wash. Co. Land Use & Trans?. 150 N. First Ave. Hillsboro, OR 97124 Brent Curtis Kevin Martin, Joann Rice . Scott King Fred Eberle Mike Borreson anew Jim Hendryx City of Beaverton PO Box 4755 EeavertOn, OR 97076 State H Lgrnway Division Lee Gut derson PO Son 565 Beaverton, OR 97075 0. 5. SPECIAL AGENCIES LO ..:_sue General Telephone Mike Lutz 12460 SW Main St. eav ertc►n, OR 97007 NW Natural Gas Ronald D. Polvi, PE, 220 NW Second Ave. Portland, OR 97209 Boundary Commission 320 SW Stark Room 530 Hillsboro, ro, Oft 97124 METRO 2000 SW let Ave. Portland, OR 97201 -5398 DLCD (CPA's only) 1175 Court St. NE Salem, OR 97310-0590 Other ,,. -- • e • e o a . 0 6 . o e. o•• r ... e e. o 0 Portland General Electric Brian Moore 14655 SW Old 'Scholia Ferry Beav'ertton OR 97007 '44"-.(e- Ak� �a Communicatioad Harlan Cook Twin Oaks Tochno1ogy Center 1815`NW 169th Place s -6020 Beaverton, OR 97006-4886 US West Pete Nelson 421 SW Oak Sty Portland, OR 97204 TCI cablevision Of Oregon 3500 SW Bond Portland, OR inc. dike Hallook CITY OF'.:` GAIRD NAME:: .. JOAN ' # L l. r� ! P.:S. K �u w SOX '6 HP;W(D , OR 51140 Mfr VM M+MWMi!w rN�1+I1+M �M1 w �Nw.1w IN W Ww dw /M N«4N or ' PAri Nr, Pat NUS C301 0 $5 CP- ECI AMOUNT /70 r 0(3 (f4 H AMOUN1 •0 r' At E o2-0"/ -0"/ ,k LOCK ND /AI)T R1. JY WV.wY wwrn.+f•••W+. 4404.1 044f 4.404004 AND USE Ai "' TCA T I (INS 570 00 9U" "OIL! Oy;L' YAP '0.00051 V -- - 'TOTAL A '10UN1 P X 1 • Ag 6a0 va:ao�.e.e<e =m-� e;.ea�e;e�aos -PO BOX 136 IlEAVERTON Oft 97075 'USA 1311 OZ2943,11. t IU ABL TO FO rd RETURN Ri ` O SENDER -NOT DELIVERABLE AS ADDRESSED •/ STAFF REPORT TO THE PLANNING COHMXSSION HEARING DATE April 17, 1990 - 7:30 Phi HEARING LOCATION Tigard city Mall Town Hall 13125 SW Hal]. Blvd. Tigard, 011'97223 . FACTS 1. Gen =raj. Information CASE: Zone Change ZON 90-0003, Subdivision SUB 90 -0003, Variance VAR 90-0005 REQUEST: 1. Zone Change from R-S.5 (Residential, 3.5 units per acre) to R -4.5 (Residential, 4.5 units per acre); 2. Subdivision preliminary plat review to divide two parcels totalling 1.92 acres into seven loto ranging in size between 0,100 and 13,800 scare Beet. 3. Variances to allows a) seven lots to access a private road whereas the Community Development Code normally allows a maxinum Of ®i dwelling units to be Served by a private road and b) a corner yard setback of t = n feet for the proposed lot containing an existing house whereas the Code requires a minimum corner yard setback of fifteen feet. APPLICANT Miller & Sow), Inc Rt. 5, Box 62 Sherwood, OR 97140 OWNERS: Sarre OD REPRESENTATIVE: Harris /HcHonag'le Engineers 12555 SW Hall Blvd. Tigard, OR 9/223 LOCATIoN: 0 SW North Dakota Street (WCT - 3100 15..1 349, , Taal Lots 310 , 1057 H and 3200). COMPREHENSIVE PLAN DESIGNATION. LoW Density Residential, • STiajn .Stit 90- 0003 /ZO ga� 0oo3 vA� 90.�9c�o� -� NtILL�R Pa4e ;i` Background Ins tion j property y of Tigard in 1980. No The subject ro ert was annexed to the City land use or development applications for there properties have been reviewed by the City since annexation. !icinitx Information Properties surrounding the site on all ides except the west are zoned R--12 (Residential, 12 -units /acre)„ The recently completed Windmill Apartments are located. to the south. A single family residence is located to the east. An eight duplex subdivision on a privet= street is located to the north. Two properties to the west of the subject site are zoned R -2 ( Residential, 2 units /acre) and are developed with single family residences. To the northwest of the site is a large area zoned R -4a5. See Exhibit Two for the layout oY the existing zoning and surrounding parcelitation pattern. 4. Site Information and propo11l3eacriton The subject site contains a single family residence, a garage®nd an outbuilding. Access to the garage is from a paved d,rciVa way from SW North Dakota . Street in the approximate c eater of the site ° e frontage. The site conta&ns a number of fruit trees, g mature fir trees, f and decorative landscaping materials, The various trees and buehee along the site's frontage have the effect of almost totally obscuring the site from the road: The applicants propose to develop a seven lot subdivision from tax lots 3100 and 3200 as illustrated on Exhibit One. In order to accomplish this subdivilaian as proposed, the applicants have requested a number of land use and development approvals as described below. A. A zone change from R-3,5 (Residential, 35 units per acre) to R-4.5 (Residential, 4.5 .~nits per acre) for the 1.92 acre site. B Subdivision preliminary plat approval to divide the parce1e into seven lots ranging in size from 9,100 to 13,800 square feat. The parcels would receive access from a 24 foot wide private roadway to extend approximately 250 feet southward from North Dakota Street terminating in a hammerhead style turnaround. The area of the private road is designated "Tract A" on the preliminary plat. A half •- street improvement to SW North Dakota Street Will be d shown the p j Y P ublly sewer servidecto the subdivision will benaprovided� Sa anfrompabic line extension southward Y the ` n wsewer in SW North Dakota Street. Storm zdrainage from�proposed subdivision will be carried in subsurface stgrmdrain pipes to be ce netre cted along the eastern edge of the proposed subdivision std aZonq 8W North Dakota Street and then discharged into the exit ti,ng aitc h on the south side of the property. Public water aerv,c;e will be STAFp REPORT - SUB 0- 10003/ZON ot- 0003/t hR 90 -0005 - Il1LLER Page 2 Y +• provided by the Tigard Water District from an exteKasion from a 6- inch diameter waterl;,lne extension from the existing 8 -inch waterline from SW North Dakota Street. A Variance to allow 7 dwelling units to be served by a private road whereas Code Section 18.108.070.A allows a maximum of 6 dwelling units to be served by a private road. D. A Variance to allow a ten foot corner yard setback for the existing house that would be located on proposed lot 7, A fifteen foot setback is required for, corner lots in the 'fit- 4.5 zone. Age��non sand ,NP0 d.S Tments The Engineering Division following comments: has reviewed the proposal and offers the 1. The applicant has submitted a preliminary utility plan and site plan showing existing contours. 2. Access to the site is to be provided by a proposed driveway with a 30 foot access width, 24 foot paved width, and curbs. The proposed drive would require., a variance from Section 18.108.070 of the Code. The applicant requests that the driveway be permitted to serve seven Iota 'rather than six lots as permitted by the Code. This request Satisfies the requirements of Section 18.160.120 (5) and should be approved since the existing house . currently has access to SW North Dakota' Street but will, be relocated to the proposed driveway. Because of the apartment development to the south, extension of a public street is not feasible. Moreover, Section 18.164.030 (X) of the Code requires that all cult' -de -sacs of public otreeeS terminate with a circular turnaround, This would create a hardship because the lot is narrow and steep. No sidewalk is shown on the preliminary section of the private roadway, whereas a 5 foot sidewalk is required by the Code. Since no justification for this omission has been submitted, a sidewalk should be required. 3. sW North Dakota is a Minor collector street requiring a 60 foot, right- of -way. the existing right+ -of -way ie 25 feet wide from centerline and is not improved With curbs or sidewalks Storm drainage is provided by a private line that connects to the proposed public line in SW North Dakota Street. 5. Sanitary Sewer is provided by an existing line in SW North Dakota_ Street. No extension of the sanitary sewer line is required. 6. The proposed Zone change STAIV P(MT SUB 50- 0003 /ZON •9C e0®b3 /VAA 90 service to surrounding streets, consequently, the Engineering Division his no objections to the proposed tonne change. The Building Division has reviewed the proposal and has . commented that utilities for the existing house must be located and ,must be provided with easements if the utilities will cross, new property lines. A p storm drain must. be provided along thy,! northern edge of private std proposed Lot 3 to the east and extending northward along the eastern border of proposed Lot 2 to the proposed storm dr air,1. The Tualatin Valley Fire and Rescue District has reviewed the proposal and provides the following comments. 1. Proposed fire• hydrants shall be moved to the entrance of the development. Coordinate the location of the hydrants with the Tigard Water District. 2. Install signs stating "No parking, Emergency Vehidle Turnaround, Tow Away Zone, ORS 478.910" in the area of the hammerhead turnaround ae well as "No Parking" signs on " one side of the proposed private street. 3. Lots 3 and 4 will require a 20 -foot wide all-weather surface driveway to access both lots from one drive. Tigard School District 23J has reviewed the proposal and has commented that the proposed subdivision is located within the C. Po Tigard Elementary /Fowler Junior High attendance boundary. This subdivision would be expected to generate 13 new students for Tigard Elementary and 97 students at Fowler Junior High. However, the Tigard School District may not be able 'to accommodate these students at Tigard or Fowler schools. Prospective occupants of the subdivision should be advised that students may be bussed to other schools. After the district completes construction of a new middle school in 1992, it is anticipated that there shall be room available at C.F. Tigard Elementary and Fowler Junior High School. The Tigard Water District, POE, and GTE, have reviewed the proposal and have offered no comments or objections. No other comments have been received. B. FINDINGS AND CONCLUSIONS Zone Chan The relevant criteria in this case are Tigard Comprehensive Plan Policies , 6.1.1, 7.1.2, , 7.4.4, 8.1.1, 8.1.3, and 12.1.1.H and b^if' evidence + of �a change in circumstances affecting the subject parcel a or a mistake in the original zoning designation. Because the 'Tigard Comprehensive Plan ha3 been acknowledged to be in compliance with the •sT F REPORT - sys 90- X003 / gra d- 0003 /V a 90 -. ®va5 MILLER Statewide Planning Goals, the Goals do not need to be addressed for a zone change proposal. The Planning staff concludes that the proposed Zone Change will comply with the applicable Plan policies based upon the findings noted below: 1. Policy 2.1.1 is satisfied because City of Tigard Neighborhood Planning Organization 07 was provided with a copy of the proposal and was afforded the opportunity to comments prior to issuance of this report. In addition, property owners within 250 feet of the site were given notice of the public hearing. en the proposal and were advised of their opportunity to comment. ,. Policy 6.1.1 is satisfied because the proposed zone change would increase residential developsstnt opportunities in the City 1 of Tigard by . two units and would allow development of smaller (7500 square foot Slinimum) , typically less expensive lots than are allowed by the existing R-3.5 zone (10,000 aquaria foot minimum) Policy 6.3.1 is satisfied because the proposed zone Chang- would not allow uzea or a residential density not presently permitted in the surrounding area and would therefore maintain the chaff° ctes of this semi-established residential area 4. Policies 7.1.2, 7.3.1, and 7.4.4 can be satisfied because. extension of e =wet, water, and Storm drainage facilities to Serve the development will be required prior to approval of the final plat. The applicant has provided preliminary plans for extension of these facilities and has noted that they will be provided within the subdivision in conformance with City standards. Detailed public improvement plans will need to be approved by staff and service providing agencies prior to installation and final plat recording. 5. Policy 8.1.1 calls for the provision of a safe and efficient street system which will accommodate present and futur needs. This policy is satisfied because the area proposed for increased density is located on SW North Dakota Street, a minor collector" street which with development should be able to handle the slight increase in potential traffic that m, � under the proposed po led R ®4.5 zoning might result ; . ens. designation. In addition, the proposed subdivision Would result in street improvements being constructed to minor collector street standards along the site's frontage which would provide for a safer street system in this area. 6. Policy 8.1.3 will be satisfied when conditions of approVal, relating to street improvements are completed in cc° junction with the final plat. 7 Policy 12.1.1.1.B (Locational Criteria f'or Low Density Residential Zoning Districts) states that area should be zoned consistent with the existing development pattern and that a ailer lots should be permitted within close proximity* to jobs, commercial areas and public facilities and services. This Policy would be satisfied because the Subject parcels are Within an area that coitains smaller lots and R� STAFF REPORT s 5[13 90- 0003! COPT 90.-0003/VAR 90-0005 MILLER Page,` 4.5 and R 12 zoning to the north and northwest and multi - family �. 9 development to the northeast and south. Therefore, the proposed rezoning would allow development of the parcels to be at a density closer to what has recently occurred within the area In addition, the p nrcels are relatively close to employment opportunities and commercial development along the Greenburg Road corridor and thus redeii.grnation would be supportive of the ideal of locating housing opportunities near activity centers. satisfied because apparent The � chats a or mistake criterion is sa • ' parcels „� original d designation of these ecause mistake 'occurred in ti � large lot development the parcel=s were zoned to reflect the existing pattern t time without respect to the permitted det9Ltie9 allowed on neighboring parcels and the effects of later surrounding dev lopment on the semi- rural like uses on the subject parcels The existing R -3.5 zoning may have been placed on these parcels in a mistaken attempt to require additional buffering for development on adjacent parcels. In actuality, the buffering and dcreening requirements for surrounding development is no dif feeent whether the parcels are zoned R-3.5 or R-4.50 Subdi.yieioca d ariance Beedes the above Plan policies, applicable criteria for Subdivision approval are Community Development Code Chapters 18.50 13.108, 16.92, 18.134, 16.150, 18.160, and 18.164. 9. Community Development Code Chapter 16.50 (R-4,,5 ZonIng District) is largely satisfied bea:ause all of the proposed lots are larger than the 7,500 square foot minimum lot size standard of the proposed R-•4.5 zone and all proposed lots should be able to be built on in conformance with setback standards of the zone without variance,. The sixty foot depth of the rear portion . of proposed Iot 1 will however be difficult to use as a building site. "herefoee, future development of this site may need to be Iodated in the wider northern portion of the lot. In proposed eie she addition, the ro osed cx$.mexne�xons of fifteen foot corner yard �Yn .y ck exi3ting mouse not satisfying the the p=roposed private road tract as required by the R-4.5 zoning district dimensional requirements. A variance is considered in #1I e:ow ▪ Chapter l , 92. (Density Computations) satisfied because the proposed density is c onsistentwith Code requirements. The "i4even lots are proposed in an area that would provide an a?p F or o: o:rt�anit. for approximately 8 lots if developed to the full density opportunity the R -4.5 zone • Chapter 16. � equines that the number c of reesoover in diameter that are removed during the course 'Tree Remo •al r 6" be r . i . y . . ...p , '. treets® itiies, and Lnt �.,�. ma.nimi�ed The proposed de�eeloirLnttYne streets, o� a significant ican^it reeideeces will necees y ''' number of trees. lHOsaevern the number of trees removed should and can , STAPIa REPORT - Sv5 90- 0003 /ZOi 90- 0003 /JAR 90 -0005 be minimized through careful site design. Staff recommends that trees over 6" in diameter be removed only to construct utilities, streets, and residence° plans for tree removal must be reviewed by the Planning aetaalf through an application for a tree cutting permit. 12. Chapter 18.160 (Subdivision) is satisfied because the proposal meets the requirement set forth for submittal and approval of a preliminary plat. Two variances to Code requirements are necessary for the subdivision as proposed. The existing house on proposed lot 7 would be a minimum of ten feet from the lot's southern boundary along the private roadway tract. Code Section 18 .50.050. A. 3'.b requires a minimum corner yard setback of ilfteen" feet'. The applicants have also requested a variance from Code Section 18.108.070.A which permits a maximum of six single family, dwelling units to be served by a single private accesaway. Seven `lots are proposed to be provided with access by the proposed 24 foot wide private roadway. Section 18.160.120.5 provides the following criteria for a Variance to a Code standard to be considered through a subdivision application: A. ,There are special circumstances or Conditions affecting the property which area unusual and pecui.iar to the land as compared to other land similarly situated; B. The variances necessary for the proper design or function of the subdivision; g q detrimental to the public Co The rantin � � . be et health, safety, and welfare or injurious o£ a variances will not y us to the. rights of other Owners of property, and, D. The variance is necessary for the preservation and the enjoyment of a substantial property right because of an extraordinary hardship which would result from strict compliance with the regulations of this ordinance. Both requested varianced were brought about by the applicant's response to staff concerns for traffic safety along db' North 'Dakota Street. Code Section 18.164.030.0 requires that, am as possible, streets should be constructed in alignment with existing streets by continuing the g street opposing street . Although both the raP os�droa�way and the opposing roadway serving the duplexes to the north are private and are technically not subject to this requirement, good design turning follows this direction in order to eliminate offsetting rning movements. In order to align the opposing pe roadways nd to eliminate the g iva�tc a degree of curve of the proposed roadway, ten applicants catse found ' it necessary to have the roadway pass w h existing house. No apparent safety or public Welfare concerns ail. result If the variance is granted. Adequate, site distance and vision Clearance i Provided . by . g. p.,� p d are rovidecl for b the eubadzstisk.,one design. The �o 'c�med reduced STAFF REPORT - SUB 90- 0003/ZON 90,- 0003/VAR 90 -8085 HItR Page 7 setback is necessary for the property function of the subdivision and therefore should be approved. Good development design practice directs driveway - to the least travelled available street in ore!er to minimize the number of 'points of conflict traffic movements on heavier travelled streets. To that end, staff suggested that the applicant direct the driveway for lot seven to the private roadway rather than to SW North Dakota Street. This would appear to be especially beneficial to traffic ,safety purposes because lot seven's limited frontage on SW North; data Street' would otherwise dictate • that the existing home ° s driveway be located close the proposed roadway's intersection with SW North Dakota Street and would therefore provide the potential for conflicting turning movements. The general purpose of the limit on dwelling units that may be served by a private roadway is apparently, intended to reduce the potential .for overloading a roadway, with limited parking opportunities. Because of the length of thi proposed • roadway, parking would not appear to be a significant concern. Because strict compliance with the Code ' s requirement would cause the seventh lots driveway to pose a possible traffic hazard and because .the proposed variance would not have any apparent detrimental effects upon safety or public welfareo the additional lot should be allowed access to the private roadway in order to promote proper design and functionality of the subdivision. The existing garage . and outbuilding are not shown on the preliminary plat,, If these buildings were to be retained, •th =. buildingo would . appear to violate. setback requirements. Since no variance has been requested, the buildings will need to be removed prior to recording. the final plat. 13 . Chapter 18.164 (Street and Utility Improvement Standards) of the code will be satisfied dur ag the approval process for the final plat and public improvement plena. C. RECC I+3!►9 ;NDA'•iloN The Planning Division recclssunends i approval of Zone Dhahge ZON 90-00030 Subdivision SUB 90-0003, Variance VAR 90 =0005 for tax lots 3100 and 3200 of WCTM 181 34DA, as described below subject to the proposed condition0 Uhidh follow: 1. one Change from R-3.5 (Residential (Residential, 4.5 units per acre) 3.5 Units per acre) to R+- 2. Subdivision preliminary plat review to divide 1.92 acres into seven lots ranging in size between 9,100 and 13,800 square feet; and Variances to allow: a ) seven a lots to act ess a private read whereas tye units to evel ®meat code n y wsa a Yard , x dwelling Community D _ p ormail a�llo maximue� of Big, be served by a private road and b) a corner yard setback o+f STAFF REPORT SUB 90- 0003/'ZoH ten feet for the proposed lot coetaaining an existing house whereas the Code requires a minimum corner yard setback of fifteen feet. UNLESS OTHERWISE NOTED, ILL CONDITIONS SHALL BE MET OR ASS(JRBI) PRIOR TO RECORDING THE FINAL PLAT. to The final eubdiVision plat and an outbound description, shall h submitted to the Engineering Division before recording. The plat shall clearly shows The access easement as well as ownership and maintenance responsibilities, B The private sanitary sewer easements, C. A private storm drainage easement alcngt the southern boundary of proposed lot 2, and D. Any other public utility or sewer easements. STAFF CONTACT: John Hagman, Engineering Division (639 -4171) . Two (2) sets of detailed public improvement plans and prrofile construction drawings shall be submitted for preliMinary review to the Engineering Division. Seven (7) sets of approved d- wrings and one (1) itemized construction cost estimate, all prepare d by a Professional re ir�d b►Ppthe�i3iaild fag Engineer, shall be submitted for final review p any drawings y these plane are in addition to Division and should only include relevant to public improvem ents STAFF CONTACT: John Hagman, Engineering Division 639» 4171) • 3. Buildin g permits will not be issued and construction of proposed public improvements shall not commence u. Engineering until after the E Division has reviewed and approved the public improvement Plana and a street opening ... p ermi t o . . construction compliance agreement . has been executed. A 100 p ercent p erf ®rmance as ®uranCe or letter of f commitment, a developer-engineer �9 the t of a permit fee and a sign installation/streetlight foe required. STAFF CONTACT; John Hagman, Engineering ,Division (639-41724. ) 4 Additional right -of -way shall be dedicated to the Public along the SW North Dakota Street fronta e to increase the right - o. f -w ay to feet from the centerline. The oa s to existing right-of-way centerline. ThedediGain document shall be onCaty forms. Instructions are " available f rom the Engineering Division, STAFF CONTACT: John Ha gman, Engineering Division (639-4171) • Standard half- street improve- me nts, including concrete s ewalk, driveway apron, curb, asphaltic concrete pavement, sanitary sewer, ... ,,, - ,, atorh drainage, streetliglts, • and underground Lies shah. be s�eir round util ax.. stal. l. ec.. aloft the S.. W_ .. North Dakota Street frontage, . Improvements J STAFF REPORT -- SUB 90 -O003/ ON 90.0003/VAR 90-0005 shall kis designed and constructed to minor collector street standards and shall ;conform to they alignment; of existing adjacent improvements or to an alignment approved by the Engineering Division. STAFF CONTACT: Cary Alfson, Engineering Division (639-4171). S. A profile of SW North Dakota Street shall he required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171). 7. A 30 foot wide private drive incs;+iding mailbox clunters, a 5 foot sidewalk, driveway aprons, cutha 24 foot wide asphaltic co'crete pavement, sanitary sewere and underground utilities shall ba installed. STAFF CONTACT. John lagman, Engineering Division (639a 4171). 8. The proposed privately operated and maintained driveway plan - profile and cross - section details shall be provided as part of the public Improvement plans. STAFF CONTACT: Gary Alfeon, Engineering Division (639- 4171). . Driveway cuts shall not be permitted within thirty feet of intersecting right-of-way line nor within five feet of property lines. STAFF CONTACT: John Hagman, Engineering Division (639- 4171). 11. A joint use and maintenance agreement shall be execute recorded d and recor on City standard forms for all conmon driveways and the private storm drain. The agreement shall be referenced on and becor = part of all a pp licable parcel Deeds. The e agreement shall approved y the En gineering Division prior to recording. STAFF CONTACT: John Hagman, Engineering Division (639- 41il) . 11. A grading plan shall he submitted showing the existing and proposed contours. STAFF CONTACT: Greg Berry, Hngineeriiig Division (639 - 4171). 12 No direct access to SW North Dakota Street will be permitted. STAFF CONTACT: John Hagman, Engineering Division (639 -4171) . 33. The applicant: shall provide for roof and pavement rain drainage to the public stormwater drainage system or by an on -site system designed to prevent riv, Yttrf onto the adjacent property. STAFF CONTACT: Brad Roast, Building Division (630- 4171)y 14. The proposed privately operated and maintained sanitary sewer and storm drainage system plan-profile details shall be provided as part of the public improvement plane. STAFF CONTACT: Greg Berry, Engineering Division (639- 4171) ... plan be part �Y f public 1.5 An erosion control The slams shal.�prconform ato roaoneGont:rol improvement drawings. , „ p .. :.. . :. � STAFF 0�2PiT29�CT: Plans Technical Guidance Handbook, November 19E . ,T STAFF REPORT - SUB 9() 0003rZaN 90 -0003/VAt 00_009 Greil Berry, Engineering Division (6",9Y,44t,?:.) • 16,E Utility lines serving the existing hauoa on Tax Lot 3100 s3hicau1 . be located and easements wall be provided if lines cross the proposed property lines. STAFF CONTACT: John Hagman, EngineerLAg Division, ('39- 4171) . 17. A tree removal permit must be obtained prior Fr) the removal of any tree with a diameter of six inches. A tree survey illustrating the tyo caliper trees with a caliper in excess of e, cal,3, er a�ad location for till six inches , hall be submitted as part of the tree removal val permit application. Trees over 6 inches in diameter shall only be removed to ,construct streets, utilities, and residences. Trees to be retained on the site shall be protected during construction by fencing or similar means to be .approved by the Planning Division. STAFF CONTACT Jerry Offer, Planning Dl vi: ion, (639-4171). 18. The existing outbuildings shall either be shown to comply vita applicable aetbauk requirements or shall be removed Prior to final plat recording. A demolition permit shall be obtained prior to ',demolition or moving of the structureb. STAFF CONTACT: Brad Roasts Building Division (639 -4171) PRELIM/NARY PLAT APPROVAL SHALL BE VALID IF EXERCISED WITHIN 16 MONTHS OF THE FINAL )ECaOION DATE. Alf/. PR I •f D BY * ;i Jet'v 7�jffer AP'�L1 D Y Keith Lidoi De A: gmont Review Planner Senior Planner r ht/jo: sub90 -03. JC sTA 'P B1POliT S Li 90 -00 03 %1GN 00 -OOC?3 11I3 0A -00+05 10.14gk3 le 1 '-••••• LEGIBILITY STRIP Ltt souwoott T W N P R `' ; PL ()NNW =s •• fta kjiri 0 umi W MEMORANDUM CITY OF TIGARD, WAGON TO: Jerry Offer FROM: Greg Berry 41806 SUE CT: SUS 90-03 - Miller and Sono, Inc. DATE: March 16, 1990 Deacript 2n The applicant proposes to subdivide a 1.92 acre site along SW North Dakota Str et into seven (7) residential lots. �°i�neAia��e o The applicant has submitted a preliminax'y utility plan and site plan showing existing contours. 2- Acce ®s to the site Lb to be provided by a prepcsed dViVeway with a 30 feet access Width, 2 • -■t paved width, eurbc and aie ewalka. The propelled drive we two variances from Section 18.108.070 of the Code. The app „icas uea'L a that the driveway be permitted to eerv'e seven lute rather han ®ix lets as permitted b y the Code. Thia request satisfies the requirement® of Section 18.160.120 120 (5) and should be aproved ®ince th;, .risting how a currently had acc009 to St North Dakota Street but will be yelocated to the proposed driveway. ge0aUde of the apart eat devie1opr eg{ 4to the South, 0~tensien of a. public street is net feasible. Noreoverrs Section 18464.030 (R) of the Code requites that all cule -ode -sac of public . etreete terminate With a circular turnaround. Thia would create a hardship because the let id narrow and steep. A three feet wide sidewalk hac =:lse be requested, u►hore a 5 foot . sidew ik is required by the Cod; Since no justification for this variance has been submitted, and it dose not appear to create a hardship, the variance should be denied. 3. SW Worth Dakota is a Minor Collector street enquiring oil foot right --mfg- way. The exi Sting right -of -way id 25 feet wide from centerline and id not improved with curbs or sidewalkae Storm drainage is p evid ad by a private line propoeed public line in SW North DaJcb a Street. Sanitary sewer is provided by an existing Street. No extension of the danitary alewer line The proposed one change ie not exPeoted to ENGINEMRINO OOMMENTS line in SW i4,bh Dakota iS required. lower the level of gervice lira:. page . to surrounding streets; consequently, the Engineering Division has no objections to the proposed zone change. Recommendations: 1. A partition sueVey plat and an outbound description wall b - submitted to the Engine ring Division before recording. The plat eia -,11 clearly show: A. The access easement as well as . ownerahip and Maintenance responsibilities, Bo The private sanitary easements, and C. Any public utility or sewer a eemente. STAFF CONTACT: John Ragman, Engineering Division (639- 4171) . Two (2) sets of detailed public improvement. plane aed profile conetdrtion drawings shall be submitted for preliminary review to the Engineering Division. Seven (7) ee s of approved drawings and one (1) itemized cl�cQ s� all p �p Y Professional sional Enginer r ahalbeeubmitted for fi�alreview and � pp cows] ( No these plans eye in addition to any drawing° rege irod by the Building Division and should only include sheets relevant to public improvements. STAFF CONTACT: John Hagman, Engineering Division (639- 4171) 3. Building permits will not be issued and construction of proposed public improvements shill not commence until after the Engin eriug Division has reviewed and approved the public improvement plans and a street opening permit or construction. compliance agreement nt has been A 100 da r percent performance assurance or letter , pe engineer agreement, the payment of a permit fee and a sign installation/streetlight fee are required. STAFF CONTACT: John Hagman, Engineering Divie3ion (639-4111). Additional night- ofd -wa Shall blic along the Ski ® 4 x ai.l bd3 dedicated to the �u GC Korth Dakota Street frontage ioscnireaee the tight-of-way to 30 feet centerline. � tied to the existing r, ��i.� , .. 1 ins . The .. .. pion sataal l be .. . frail the � rater i. �� wa erlind3® Available from the Engineering t ®hall. die ona 'pity The dedication doca7ll�►d�fl�DivejL.cei�e STFiy�'F forme. Instructions are a NTACT: 'ohn HegMae, Engineering Division (639- 4171) Standard halfeetreet it piroveitsaente, including condeete sidewalk, driveway apron, cue b asphaltic concrete pavement, sanitary sewer, storm drainage, streetlights, and UndergrOund utilities shall be inn talled g r tth Deke a < Street frontage►. Improvements .and ll b along the SH v� entt3 ®R�a�41 desi ned and co standards an 1 g cts. r street st conform to the li htent off, exist n ®�„r•.,,eu�.ted to >neinca: �C81 e .. a3 existing adj adent improvements or to an alignment approved by the Engineering Division, STAFF CONTACT: Gary Alfeon, Efigineering Dieitat n (639. 4171) . ENCINEERINC Cdr BENTS - SUB d9 -03 - Miller and Sons Inc. Page 2 • . ' 6e A profile of SW North Dakota Street 'shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future grade. STAFF CONTACT: Gary Alfson, Engineering Division (639-4111). 7. A 30 foot wide private drive, including mailbox clusters, a 5 foot sidewalk, driveway aprons, curbs, a 25 foot wide asphaltic concrete pavement, sanitary aewers and underground utilities Ohall be installed. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 8, The proposed privately operated and maintained driveway plan - profile and cross-section detaile shall be peovided ae part of the public improvement plane. STAFF CONTACTg Gary Alfson, Engineering Division (639-4171). . 9. Driveway cute shall not be permitted within thirty feet of jntereecting right-of-way linos nor within five feet of property lines. STAFF CONTACT: John Hagman, Engineerire Division (639_4111 10. A joint use and maintenance agreement sh 11 be executed and recorded on City standard forms for 11 common driveways ind the private atorm drain. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Divi ion prior to recording. STAFF CONTACT: John Hagman, Engineering Division (639-4171). plan shall be submitted showing the exieting and propomed A grading contoure. No direct CONTACT: STAFF CONTACT: Greg ,erry, Engineering Division (639-4171). access to SW North Dakota Street will be permitted. STAFF John Hagman, Engineering Division (639-4171). The applicant Ethan provide for public stormwater drainage system prevent runoff onto the adjacent Building Divieion (639-4171). roof and pavement rain dra nage o or by an on-site system designed to peoperty. STAFF CONTACT Brad Roast, 14. The proposed privately operated and m4'intaSned eeeitimer-dewes-eandistorm drainage system planpofile details shall be provided as part of the public improvement plane. STAFF CONTACT: Greg Berty„ Engineering Division (639-4171). 1 . An etosion control plan %hall be provided as part of the public improvement drawinge. The plan shall conform to "Erosion tontro1 Plans - Technical Guidanee Handbodk, November 1989.". STAFF CONTACTt Greg Berry, Englineiering Division (639.4171). ApproVed: ENGINEERING COMMENTS SUB 89-03 Miller and Sons, ludo Page ENGINEERING 1S SUB 89-0 it a v and Suns, n 0 KODAK ACRES ZONE CHANGE REQUEST Ag pli ants Statement In support of zone change request for Tax Lot 3100 and ,3200 Map 1S- 1- 34 -1DA Comprehensive Plan Polices The current zoning of the land is R-3.5. This request is for a change to R -4.5 for the folio ring reasons 1: The existing zoning and land use of the lands t� the north, east and south of the site are R-12. The land to the west is R-4.5. This site is an island of lesser density which would require that the lots be 100000 S.F. in area. This Zoning does not provide for an orderly transition of density from one zone to another Location Criteria the various to aPertY and its t� proximity t' The ic�andoprivate� x^facilities is more than sufficient to provide the necessary urban services to this land. The land abuts S.W. North Dakota Street which is a minor collector Sus service is available on this street T his request is consistent with the Community DevelOpuent bode, By allowing this zone change, the intent and Purpo se of land use goals #10 through 1 will be better i�� The in ill development of thi s land p rovicsarvrieiy and efficient transition of this land into the urban use frame work. March 13, 1999 TO: VO PROM: Tigard Planing Division l 4. SUD9O -0003. NODAR ACES 414,11? ` ° GOA! 4t 4990 4. weish4,sPc 8. SUBDIVISION 90-0003 VARIANCE 90-0005 ZONE CHANGE ZON 90-0003 MILLER & SONS, INCA NPO #7 A request for approval to 1) subdivide 1.92 acres into 7 lots between 9,100 and 13,800 square feet in size. Also requested are 2) a Zone Change from R -3.5 (Reaidenti 1, 3.5 units per acre) to R-4.5 (Residential 45 units per acre) and 3) a Variance to allow 7 lots to across a private road where 6 are normally allowed, and a 3 foot wide sidewalk where 5 feet is normally required. ZONE: R-3.5 (Residential, 3.5. units /acre) LOCATION: 10570 SW North Dakota (WCTM 34DA, tam lots 3100 a 3200) Attached Is the Vito plan and applicants statement for your review. From information suppl;i.ed by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision 10iill be rendered on the proposal in the near future. If you wire t o comment on this application, we need your comntante by 03/23/90. You May use the space provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon : s possible. If you have any questions regarding this matter, Contact the Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223 PHONE: 639 - 4171. STAFF CONTA(1T :t, -;eNe PLEASE CHJ K THE FOLLOWING THAT APPLY: We havo reviewed the proposal and have no objections to it. • Please contact of our office. Please refer to the enclosed letter. ., comments: 1W Name of person coMmentirag: REQUEST FOR COMMENTS March 13, 1990 T0t Fire District #1 FROM: Tigard Planning Division RE: SUR90 -0003 NOD= ACRES SUBDIVISION 90-0003 VAMIANCE 9 0-0005 ZONE GE ZOOS 9Q. O003 MILLER a SOWS, INC. NPO #7 A request for approval tO 1) eu divide 1.02 acres into 7 lots between 0,100 a�i�nal� /3,200 square feet in size. Also requested are 2) a one Change from R-3.5 (Reaidentiaal, 3.5 units per acre) to R -4.5 (Residential 4.5 unite per acre) and 3) ace to allow 7 lots to access a private road where o y� allowed, andl. a 3 foot wide s 6 are ssnor�ata�i.S. a�. sidewalk where 5 feet i s normally required. ZONE: R-3.5 tial, 3.5 units /acre) LOCATION: 10570 SW North Dakota OCTM 34DA, tax lots 3100 G 3200) VALLEY TUALATIN , ... a & ROME AND BEAVERTON FIRE DEPARTMENT GENE w1P8CHlLL Deputy Fire Marshall Plans Examiner' 503. 526'2502 FAX 525' -25: ante tatement f • r your review. From tment5 and agencies and frem other - port and recommendation will be red on the proposal in the near future" If Lon, wo need your comments by 03/23/000. ar attach a separate letter to return iD respond by the above date, plea e p ~,. tour com aenta and confirm your comments in 4763 s.W. C rItitth NO a Beaverton, Onagon 9700 41 ve any questions regarding this matter, ,onsact tne Tigard Planning Department, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 539 -4171. STAFF CONTACT v J r Of- PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no Obiections to it. Please contact of our office.. 4 Please refer to the enclosed letter. Comment .11.12.21_ :. C"'. 01,,E e arr.- ir3^' 14.4q- 11417, °a.- Or' Name of portion cap ....... sa�aenting s:.. Te]ephone number: REQUES T 1,10R COMMENTS March 13, 1990 TO: General Telephone Co. FROM Tigard Planning Division RE: SUB90 -0003 NODAI ACRES SUBDIVISION 90-0003 VARIANCE 90 -0005 ZONE CHANGE ZON 90 -0003 MILLER S SONS, INC . NPO 07 A request for approval to 1) subdivide 1.92 sores into 7 ?pots between 9, 100 and 13,800 square feet in size. Also requested are 2) a Zone Change from R -3.5 (Residential, 3.5 units par acre) to R-4.5 (Residential 4.5 units per acre) and 3) Variance to allow 7 :dots to access a private road where 6 are normally allowed, and a 3 foot wide sidewalk where 5 feet is normally required. ZONE R 3 d 3 (Residential, 3.5 units/acre) LOCATION 10570 SW North Dakota (WCTM 34DA, tax lots 3100 & 3200) ".. Attached is the Sit plan and applicants statement for your review. From information suppli ®d by various de artmenta and agencies nd from other information available to our staff, a report .,nd recommendation will be prepared rendered on the proposal in the near future. If rug arse and. a d�:4�ciai.on will be rend you wish to comment on this application, we need your comments by 03/23/90. You may use the apace provided below ar attach a Separate letter to return your comments. respond by above date, please phone the staff If you are unable your rem and b the your +�om�►entg in comments and confirm you writing ase:c ooncasrlpossible�.wlfiyou have any questions regarding this matter, writing w p y contact the Tigard Planning Department, PC Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: o 639 -4171 • %A( STAFF CONTACT 1 f eAr PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to tt Please contact Please refer to the enclosed letter. of our offices NEAR 1 5 1990 PLANNING DEPT. 6°U mente s „o_ __ -°°*66. ,_ '" :°'.6. """*. Name of peon comment in t Telephone number: MEMORANDUM CITY OF TIG, OREGON ^ GOP TO: Jerry Offer FROMs Greg Berry 0119) SUBJECT; SUB 90-03 -- Miller and Sony/, Inc. DATE: March 16, 1990 Dedcription: The applicant propc►ses to subdivide a 1.92 acre site along SW North Dakota Street into seven (7) residential lots. Finding!: 1. The applicant has submitted a preliminary utility plan and site plan showing existing contours 2 Access to the site is to be provided by a proposed driveway with a 30 foot access width, 24 foot paved width, curbs and sidewalks. The proposed drive would require two variances from Section 18.108.070 of the code. The applicant requests that the driveway be permitted to serve seven lots rather than six lots as p rmitted by the Code. This request satisfies the requirements of Section 18.160. 120 (5) and should be approved since the existing house currently has access to SW North Dakota Street but will be relocated to the proposed driveway. Secausc of the apartment development to the South, extension of a public street is not feasible. Moreover, Section 18.164.030 (K) of the Code requires that all cull -de -sac of public .et sets terminate with a circular turnaround. This would create a hardship because the lot is narrow and steep. A three foot wide sidewalk has also be requested, where a 5 foot by Since n. j... n creates OM Mittel and appear is required b the O °de`nd it doeS not�ta£ieari ®n for thin variance has been sub, s hardship , the variance Should be denied. SW North Dakota is a minor collector Street requiring 60 toot tight -of-- way. The existing right.of --way is 25 feet wide from centerlihae and id not improved with curbs or sidewalk®. 4. Storm drainage is provided by a private line that prcpoaed pub]. c line in SW North E akot . Street. Sanitary sewer is provided by an existing line in SW North Dakota Street. No extension of the sanitary sewer line id required. 56'10 II 6. The proposed zone ohs ge le not expected to lower the ENGINEERING COUNTS - SUB 89-03 - Miller and Sons, Inc. to surrounding streets; consequently, the Engineering Division has no objections to the proposed zone change. Recommendations 1. A partition survey plat and an outbound description shall be submi • 6. A profile of SW North Dakota Street shall be required, extending 300 feet either side of the subject site showing the existing grade and proposed future geade. STAFF CONTACT: Gary Alfson, Engineering Division (639-4171)- 7. A 30 foot wide private drive, including mailbox clusters, a 5 foot sidewalk, driveway aprons, curbs, a 25 foot wide aspheltic concrete p vement, sanitary sewers and underground utilities shall be installed. STAFF CONTACT: aohn Hagman, Engin-ering Division (639-4171). 8. The proposed privately operated and and cross -eection details shall be improvement plans. STAFF CONTACT: (639-4171). maintained driveway plan - profile provided as part of the public Gary Alfson, Engineering Division 9. Driveway cute shall not be permitted within thiety feet of int rsecting right-of-way lines nor within five feet of property lines. STAFF CONTACT: John Hagman, Engineering Division (639-4171). 10. A joint use and maintenance agreement shall be executed and recorded on City st ndard forms for all common driveways and the private storm drain. The agreement shall be referenced on and become part of all applicable parcel Deedo, The agreement shall be approved by the Engineering Division prior to recording. 6ThYF CONTACT s John Hagman, Engineering Division (639-4171), A grading plan shall be submitted showing the existing and proposed contours. STAFF CONTACT n Greg Berry, Engineering Division (639-4171). No direct accese to SW North Dakota Street will be permitted. STAFF CONTACT: John Hagman, Engineering Division (639-4171). The applicant shall provide for public stormwatet drainage system prevent runoff onto the adjacent Building Division (639-4171). roof and pavement rain drainag to the or by an on-site system designed to property. STAFF CONTACT: Brad Roast, 14. The proposed privately operated and maintained eaftetvoyeeewer.--andietorm drainag system plan-profile details Shall be provided as part of the public improvement plans. STAFF CONTACT: Greg Berry, Engineering Division (639-4111). 15. An erosion control plan shall be provided as part of the public improvement drawings. The plan !Abell conform to "Eroeion Control Plans TechniCal Guidance Handbook, NoVember 1989." STAFF CONTACT Greg Berry, Engineering Divicsion (639-4171). ;7;704,,e-ee SUS 89-03 e Miller • • • Randall R. Wooley, City Engineer er ENGINEERING COMMENTS il1 br and tgontif Inc. March 13, 1990 TO: P.O.E. FRONt Tigard Planning Division lion RE: 3UH90 0003 MODMC ACRES SUBDIVISION 9 0-,0003 VARIANCE 90 -0005 "ONE CHANGE ZOE 90 -0003 MILLER SONS, INC. NP0 047 A request for approval to 1) subdivide 1.92 acres into 7 lots between 9,100 and 13,800 square feet in sins... Also requested are 2) a one Change from R-3.5 (Residential, 3.5 units peg' acre) to R-4.5 (Residential 4.5 unite per acr: =, ) and ,a,) gal Variance to allow 7 lots to ac'c ee a private road where 6 are normally allowed, and a 3 foot wide sidewalk where $ feet is normally require& ZONES R -3.5 (Residential; dential; 3.5 u ►it 3 /aCre) LOCATION: 10570 SW North Dakota (WCTN 340he tax 1Qte 3100 C 32cn ) Attached is the mite plan and applicants state ent for your review. Pro ► information supplied by various dep,r rtmerate and a^ enciee and from other information available to or staff, a report and recommendation will be prepared and a + iecia ion will be rendered on the proposal in the near future w 1f yctiu wish to comment on this applicsation, we need your comments by 03/23/90. You may ague the apace p ovided below at attach a separate lett r to return your comments. If you are unable to reepond by the above date, please phone the dtaff contact noted he/ow with your comments and confirm your ccmcnt a in writing au noon as possible. If you have any questions retarding this matter, contact the Tigard plantains Department, PO Bog 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE G39Y -4171. STAFF CONTACT: iDcc's PLEPSE CHECK THE FOLLOWING THAT APPLY: We have reviewed the p .ia posa1 and have no objections to it please contact commente Name ox person co sent ngs -- = ..ib .► Kk4xe45 .; . \S- 'icy: Telepht ne REQUEST FOR COMMENTS TO Tigard Water District PROM: Tiga rd Planning Division RE: SUB90 -0003 KODAK ACRES SUBDIVISION 90 -0003 VARIANCE 90-0005 ZONE ORANGE ZOM 90 -0003 MILLER et SONS, INC. 1'P0 #7 A request for approval to 1) subdivide 1.92 ao ree into 7 bate between 9,100 and 13,800 square _ feet in size. Also requested are 2) a Zone Change from R-.3.5 (Residential, 3.5 unite per acre) to R04.5 (Residential 4.5 units per acre) and 3) a Variance to allow 7 lets to d ally allowed, and a 3 foot wide access a private road where 6 sidewalk where 5 feet is normally required. ZONE: R -3.5 (Residential, 3.5 r.. o�lYowedl units/acre) LOCATION: 10570 SW North Dakota (WCTZ4 34DA, tax lots 3100 32400) Attached is the site plan and applicants 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 reared and a decision will be rendered on that proposal in the near future. If prepared to c m �y, ur by X use the space provided below ar attach a separate letter to return you r<�aeh to Woud�enz on this application, ire need ®�� cc��exnt ®� 03/23/90. �'onx your comments 1f you are unable to respond by the above ease phone Y y 1°' abc�-d �+ date, P the rtaf f contact noted below with your comtents and confirm your corm tents in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, PC Bou 23397, 1312. SW 'Hall Blvd., Tigard, OR 97223. PHONE: 639- 4171. STAFF CONTACT: `, PLEASE CHECK THE FOLLOWING THAT APPLY: XX We have reviewed the proposal and have no obljectiona to its Please contact of sun? ofifice Please refer to the enclosed letter. poloomnowi Commmnt Name of person co ri tenting g Telephone number: __61 REQUEST FOR COMMENTS March 13, 1990 gErff MAR I.41990 WASHINGTON .COUNTY DEPARTMENT OF LAND USE AND TRANSPORTA1 lON FROM: Tigard Planning Division Imo.: SUB90 0003 NODAM ACRES SUBDIVISION 90 -0003 VARIANCE 90 -0005 ZONE CHANGE ZON 9O -0003 M LL R SONS, INC. NPO #7 A request for approval to 1) subdivide 192 acres into 7 lots between 9, 100 and 13,800 equate feet in size. Also requested are 2 a Zone Change from R -3.5 (Residential, 3.5 unite per acre) to R-4.5 (Residential 4.5 unite per acre) and 3) a Variance to allow 7 lots to private __ normally �0 � �--3 5 (Residential, vial® acre ��� s a where 5 feet is rewired. allowed: and �� ('��vc�entia�. 3.5 sdeaaaa�lR normally � . unite /acre) LOCATION: 10570 SW North Dakota (WCTM 34DA, 'tags lots 3100 & 3200) Attached ation sup lied plan and applicants aaa departments and agencies and info from other information available to our staff, a rapport and recommendation will be prepared and a decision will be rendered on the proposal in the near Iuture. If you wish to comment on this application, we need your comments by 03/23/90. You may the p ay provided - .. . . . below a..,p letter to return your comments If you are unable to respond by the above date, please ahbn e the tAf contact noted below with y c� confirm comments in n wri ting ae ®oonasp��mibleli► ou have any questions regarding this matter, g g Department, � 5 SW Null Blvd., contact the Tigard P:�a�nnin Do a�rtment �� aoa� 23397, -1312 Tigard, OR 97223. PHI: 539-4171a STAFF CONTACT p a,i 0- PLEASE CHECI THE FOLLOWING THAT APPLY: . We have reviewed the proveaai and have no objections to it Please contact �... of cur of f,?Lde Please refer to the enclosed letter. Comments: Nate of person commenting: m TIG/MiD PU ILIC SCHOOLS DISTRI� T 23J Administration Office 13137 SW, Pacific Highway Tigard, Oregon 97223 Area Code (503) 620 -1620 hilarch 16, 1990 City of Tigard Planning Department Jay Offer P.0, Box 23397 Tigard, OR 972123 Dear 6r. Offer: With reference to the attached proposal for 7 housing units to b cc ucted on North Dakotkl, the following statement is submitted. The proposed complex is located within the C.F. TO d Ele ent y / Fier Junior High Attendance Boundosy. This complex, along with twenty-two ethers g new u t . C.F. 'Ti +:, d now being planned constructed, will generate 1 � � t� for � . Element .. y and 97 students at F them Junior Hi � . The Ti d Di ;i Oct may not be able to accommodate them at C V Tigard or Fowler. Prospective occupants should be advised that students may be bused to other .: oohs After the District completes its new l 'e school in 1992, there should be room av,ilable at C.P. Tigard _ . Element r+ y and Fowler Junior nigh School. Sinc elf j Bud Hillman Director of Operations c: Steve Stole (W/O Attachments) Jerry Edw . ds (W10 Attachments) 4 u Joki (WIO Attachments) March 13, 1990 TO. FROM: Tigard Planning Division a 890 -0003 NODAK ACRES SUED/VISION 90-0003 VARIAN 90 -0005 ZONE CHANGE ZONE 90 -0003 MILLER d SONS, INC. NPO #7 A request for approval to 1) subdivide 1.92 acres into 7 lots between 9,100 and 13,800 square feet in size. Also requested are 2) a Zone Change from R -3.5 (Residential, 3.5 units per acre) to R -4 5 (Residential 4.5 units per acre) and 3) a Vas:iance to allow 7 lots to access a private road wh re 6 are normally allowed, and a 3 foot wid sidewalk where 5 feet, is normally required. ZONE: R -3.5 (Residential, 3.5 units /acre) LOCATION: 10570 SW North Dakota (WCTN: 34DA, tax lots 3100 3200) Attached in the site plan and applicants statement for your review. From information supplied by various departments and agencies and from other information available to our staff, report apd recommendation will be prepared and a decision will be rendered on the proposal in the n =ar future. If you wish to comment on this application, we nee4 your :comments by 03,/23/90. Yot1 way use the space provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the at ff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning D - partment, PO Box 23397, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE. 639 - 4171. STAFF CONTACT: (1(I 019 \6( PLEASE CHECK THE FOLLOWING THAT APPLY: We have reviewed the proposal and have no objections to Please contact of our office. Please refer to the enclosed letter. Commen - a'l Name of pereon cOmmenti a tt1,0 , 44 telephone ntuer a ► Y"' axat � March 13, 1990 TO: Building DLvie; on FROM: Tigard Planning Division RE: SU1,390 -0003 NODAK ACRES SUBDXVZI31ON 90 -0003 VARIANCE 90 -0005 ZONE CHANGE ZON 90.0003 MILLER & SONS, INC NPO #7 era request for approval to 1) subdivide 1.92 acres into 7 lots between 90100 and 13,800 square feet in size. Also requested are a) a Zone Change from R -3.5 (Residential, 3.5 units per acre) to R-4.5 (Residential 4.5 units per acre) and 3) a Variance to allow 7 lots tm acoeasi a private road where 6 are normally allowed, and a 3 foot wide sidewalk where 5 feet is normally required. ZON U: R -3.5 (Residential, 3.5 unite /acre) LOCATION: 10570 SW North Dakota (WCTM 34DA0 tax lots 3100 & 3200) Attached is the site playa and applicants 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. Ta: you wish to comment on this application, we need your comments by 034/23/90.0 You may use the space provided below ar attach a separate letter to return your comments. If you are unable to respond by the above date, please phor e the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any gueata.a,na regarding this matter, contact the Tigard Planning Department, PO )ox 23397, 13125 OW Hall Blvd., Vigard, OR 97223. PONE 639 -4172. STAFF CONTACT: -36 Q PLEASE CHECK THE FOLLOWING T xAT APPLY: We nave reviewed the proposal and have no objections to it Please contact alemonsammo Please refer to the enclosed letter. Comments of our office. -7g .a Name of person co eating: Telephone nUmber fs PROPOSAL DESCRIPTION FILE NO: a'i1&)/tJ /5)M) OW) !//j'/ /,V CCE WV? qo -C' , a?-0,A,15 CWAA/ FM) 90 "419®` fit TITLE ,1v ao2 e-60:44 APPLI T 2 /71114../e ' Sa'v.; , m R 5747n g... R7 , ') i32X' sAiEfavoob, 91/e/O REQUEST: g iferdiCig.57. ' 'E' 'pRO0/4i 7o,1Sar. 2V0006 . /72. a P? .S /470 zors 416 6Og '!t 4/100 ,19M0 /a', &04 Jo'Gi,Q s. Peer /,VS,O, . 44.50 G) A 2 4 1 4 q%/ - 13- L g/O orrAe' ci,m.'1 / 5/lt/ 4 L/ 6 e y (e s/r, -Or /A6 C M /rs A6 ) ,ivb 3)",, per '7 4orS 727 heed / P ,/re gOA -S j 0 a Poo r 1,0,104E. s/ a PCk' r e E 5 ivu2rn44 40149.10ite 44101; V ,e' 'kcM ie Ageotheh Atootoi 'd • LOCATION /t9�.►' 90 S & 4)Ol eh'r A74 (W ! rm 141, / 34/6A ' z ix l X 7 3r't'o 32Oi ZONING DESIGNATION: ... 3 , 6--- C- ' & / red glfj 3 5" Gr,m'.o,z °b COMPREHENSIVE E PIS DESIGNATION: ale0 NPO NO: 7 P CHAIRPERSON: /f B Y A PHONE 606-66e/0 STAFF DECISION PLANNING COMMISSION DATE cee/L2/2A7 TIME HEARINGS OFFICER DATE _ // TIME CITY COUNCIL DATE / / TIME REQUEST FOR COMMENTS ( see attached list) RETURN BY // ATTACHMENTS: VICINITY MAP LANDSCAPING G Px NARRATIVE ARCHITECTURAL PLAN X. SITE PLAN STAFF CONTACT PERSON: Wy P. 11 PREPARE FOR PLANER APPROVAL: MO Aril) 064) d - 1 ds ADVERTISEMENT - TIMES 63/2242g OREGON IAN , , /' /,_,.� NOTICE TO PROPERTY OWNERS TO BE MAILED _/_ /_,.; LETTER OF ACCEPTANCE OF APPLICATIO ..._/ .. if NOTICE TO DLCD - ATTACHMENTS: NODAI( ACRES Eebru sx'y 28, 1990 .VAR1ANCE Lot Access to Private Road 'Variance Section 18 108.070 allows up to 6 single family dwelling units to access onto a 24' paved private Street within a 30° right ©f way. A variance is requested to allow 7 units to access for the following ;reasons: 1, The existing home on lot 7 presently accesses onto S.W. North Dakota. This drive Way 'access will be eliminated and new sr the Private street.. Having an thee. s ccesr, onto S W North Dakota Street at a controlled the�.ots�ce..� intersection on :.fill be safer than the private road with a parallel drive way accessing right next to each other. • If this site were zoned for apartments, 1OC units or more could access on a 24 foot pride private .$trw3tt . • This request is justified, considering the cptions and conditions N,.ep.I 6- • NOEAI( ACRES ZONE CHANGE REQUOST Applicants zone: Ta:�c Lot 3100 � request for A200 Map of change 'rec�u and P Conprehensive Plan Polices The current zoning of the land is R -3.5. This request Is for a ,charge to R -4.5 for the following reasons l The existing zoning and land use of the lands to the north, east and south of the site are R-12. The land to the west is R --4.5. site is an island of lesser density ichnin This s��.t a uld • o in a.ir ea 1 This zoning require that the lots be 10,000 S.F. does not provide for an orderly transition of density from one zone to another. 2 a Location Criteria The location of the property and its proximity to the various public and private facilities is more than sufficient to provide the necessary urban services to this land The land abuts S.W. north Dakota Street which is a minor collector. Bus servie is available on this street . R with the Community Development 3. This request is consistent Wi.t�h Code. purpose By allowing this zone change, the intent and goals #10 of through 14 will be better implemented, Thel e infilldevelormen of this land Will provide an orderly and efficient transition of this land into the urban use frame work, k, • 0©0M eil,P)I j(5. ` # ,,9 )17-1: VM ,at 3 $0 5'52 S'zt 511 LEGIBILITY STRIP- 3100 a Tit - 0 IN N.E.k4 OF S.04. SECTION 34. T -IS CITY TIGARD, WASHINGTON COUN SCALE: e" = 'DATE: JANUARY 1990 LEGIBILITY STRIP NE 1/4 'E 1/4 SECTION 34 T IS RIW WASHINGTON COUNTY OREGON SCALE 1"=-1001 89P45,'°.f.' 82:43' oo 1700 I . .66AC. .96 AC 1200 3 1/4 SECTION CORNER 170' ° 103.90 --INITIAL PT • ,. a 1 3800 51 w t0 .974c„., TRACT "B" FOR STORM DRAIN m PURPOSES �o N a Ca L� 100 6:38 AC. 189.99 1500 23440 GOB! T t�3 , 3 9.COAC. 16 00 40O 12 ti 3800 1D 4200 134.28;, I-- Co ? _ pO 164.9 ; _ r a`S— 1 - .� p W cI 82.45 \ 8 13`4.3 t '� 302 cv --..w. 1" 4300 61' 30: � �' %-- ! r i` N _ ,. a 115.2e` 8 e:y„ 72.99 a f + 67 40:68' O:R• NJ 452 2 65Ch jr ... a 2500 2800 �.�p so..�: N • ,�. p: .3740 1 /8AC •66Ai<; 2800 2500 ; 126AC. .96A6. I 300. 3100 ..964€; 92AC. N !OHN 3300 4.47A a H1C fLIN D. L..C. NO. 506.55 �4 681.35 506.5'2 SEE MA P IS i 34DD FOR ASSESSMENT PU DO NOT �ELy RPpSES ONLY ON FOR ANY OTHER USE N E 1/4 SE 1/4 SECTION T IS RIW WASHINGTON COUNTY' OREGON SCALE 1% 100' 904 63 .t94�a ev Vei SECTION CORN f 103 JNITIAL :;ao; 03.9 .9? , 9,. 89A& 1200 S A •- 400 • 139.2 15.28 C:. Na 452 2.85 SEE' MA,. Is I 34DD • FOR ASSESSMENT PURPOSES ONLY OTHER USE • • [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] liffiric47.30,75—W,:tr.;MTZPW'' 1#1:104440.1*-44#,,,*;i0 , n .,. *1.44 IMO ■■■•••• • ••••• ALTA Owners Policy (10/21/87) r v4mert,AtehltttL, I ;(lli iirel.: -4‘1;.:111-17t,t4)1}1 (1fi'FI ' ' tilt, iii ) AI it4.' /0 404. ft 0, tft iiikelit ,‘.., 4 6,- , \N e ....... / '9\1 IC OF AMEnt '- N, 4. Af/le 1,N1 1,1 ) ly First American Title Insurance Company of Oregon 310 S.W. Fourth Avenue • Portland, Oregon 97204-2376 • (503) 222-3651 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON, a Oregon corporation, herein called the Company, insures, as of Date of Policy shown In Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of 1. Title to the estate or interest described in Schedule A being vested other than as stated therein, 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. ntersigne Authorized Officer 7• Teedeetetetee dba FIRST AMERICAN TITL 4W11ANcE COMPANY 60 OriE6oN '110- PRESIDENT OLTA Form 13 By ATTEST SECRETARY , 0, , • . , , °U4•1,,„ 1141*14;1:4"4:4KV,”47' SCHEDULE A Policy Noe 369109 Amount of Insurance: $90,500.00 pre eiu ,. s $420.00 Date of Policy: January 12, 1990 at 4.07 PM i • Name of Insured PAUL O. MILLER _-� 2. The estate or in•tere..t in the :land which is covered by this policy .se The fee simple estate --mow 3 Title to the estate or interest t d the land in vested in: PAUL O. MILLER_.... 4 The land referred to in this Policy is described a€ follow: It For legal description see Exhibit "A" attached hereto EXHIBIT PARCEL I The following described tract of land in Section 34, Township 1 • 4 • y f . 9 Meridian, in the City South, Range 1 West of the Willamette Tern. 'e' Tigard, County of Washington and State of Oregon. Coml encing at a point in the North line of the John L. , Hicklin Donation Land Claim No. 54, which is 38.96 chains East of the Northwest corner of said 1Hic kelr n ©Donation Land Claim, and which �1ort ° land point is the Northeast co 1916 Y � 168, Deed by deed recorded February l v of aixn ronnve,�ec� to Cm�� Robbins Book 106, page 1. , Records; thence South along this Easterly boundary of said Robbins' tract, a distance of 249.15 feet to the Southeast corner of said Robbins tract and the true point of 9 g the South line of said beginning; thence West. 174.83 feet along the North line of said Robbins tract and on a line parallel t Donation Land Claim to the Southwest corner of Said Robbins tract and the East line of the tract of land conveyed to James Patecky, et ux, by August Book 139, page 239, s; thence recorded South 2 9.15 feet (250.70 feet measured) Deed Records; along the East line of said Patecky tract and a line parallel to the West line of said claim to the Southeast corner of said Patecky tract and the North line of that certain t racy of land conveyed to W.A. Root, et ux, by deed recorded July 28, 1941 in Book 22, page 807, Deed Records; thence East on the North linen of r 4.83 feet to an thence North Root 7r0afeetaalotigatac line parallel to the West line of said North 250.70 feet 9 claim 250.70 feet to the ti ue point of begifninr of the tract herein described. PARCEL 11: A tract of land in Sectionn 34, Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, , County of Washington and State of Oregon, desc ribed as follows: Beginning at a point on the North line of the •John. Le fitly n • + nn Land Claim, a distance of 36.305 chains East of the Dona�xtio Northwest rthwest con^nner of said claim; thence South and parallel to the West boundary of the said claim, 249.31 feet; thence East and p clai1O, 174.84 feet; arallel. to the North boanitadary of the said thence Borth and parallel to the West boundary of said clam; 249.32 feet; thence West along the Worth boundary of the said clams to the place of beginnnittg.— SCHEDULE k3 This policy does not insure against bass . �r danage t (and the Company will not pay costs, attorneys' fees, or expenses) es) which arise by re on of 10 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency o'r'., by the public records. 2. Any facts, rights, interests, or claims which are not shown by public records bttt which could be ascertained by an the ub�.l.c recor inspection ` of said land or by making iequiry of persons in possession thereof 3. Easements, encumbrances, or claims thereof, not shown by the public records, unpr tented mining claims, reservations or exceptions in patents or in acts authorizing the issuance thereof, waver rights, claims or title to water. 44 Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished imposed by lacy and not shown by the public records. , boundary lines, shortage in area, 5. Discrepancies, conflicts in bd��u encroachments, or any other facts which a correct survey Would disclosed 6. Statutory Powers and Assessments of Unified Sewerage Agency. There are none as of the date of this policy. 7. The tights of the publie in and to that portion of the premises herein described lying within the limits of roads, streets and highways. E. Resolution and order No 76-26 riled g May 3, 1976 For Establishing the S. North Dakota Local Improvement District pAar 3 of Policy (1 987) No 369109 THIS MAP IS FURNISHED AS A CONVENIENCE IN LOCATING PROPERti AND THE COMPANY ASSUMES NO LI .. TY FOR ANY VARIATIONV AS MAY BE DISCLO „. SY ACTUAL SURVEY $ First American Title Insurance Comp y of Ore on an assumed huali s,a name n9 TITLE INSURANCE COMPANY OF OREGON 310 S.W. FOURTH AVENUE, PORTLAND, OR 97204 X503) 222.3651 1S lti 3iA tt 1600 .3 A 300 as 302 NORTH LINE 3100 .92AC. tAIS CH.. EXCLUSIONS FROM COVERAPIF The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, legal fees or expenses which arise by reaaon of: 1. (a) Any law, by law or governmental 7egulation (including but not limited to building and zoning laws, by laws, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting - the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of expropriation unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any expropriation which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for ‘oalue without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value fqi• the estate or interest insured by this policy. 1. OkTINITION OF TERMS. The following terms when used in this policy mean: (a) "Insurel": the Insured named in Schedule A, and subject to any rie,hts or defenses the Company would have had agoinst the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives next of kin, or coroorate or fiduciary successors (b) "Insured claimant": an insured claiming loss or darnage, (c) "knowledge" or "known'. constructive knowledge, not actual knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart actual notice of matters affecting the land, (d) "land': the land described or referred to in Schedule (A), and improvements affixed thereto which by law constitute real pr000rty, The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A), nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy, (e) "mortgage": mortgage, charge, deed of trust, trust deed, or other security instrument. (f) public records": records established under pro- vincial statutes at Date of Policy for the purpose of imparting consh active notice of matters relating to real property to pur- chasers fot value and without knowledge (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage which would entitle a putchaser of the estate or interest described in Schedule A to be released from the obligation to purchase flAi virtue of a contractual condition requiring the delivery of marketable title. 2. CONTIN(n1TION OF INSURANCE AFTER CONVEYANCE OP TITLE. The coverage of this policy shall continue in fotce alt of Date of Policy in favor of an insured only so long as the insured retains an estate or interest In the land, or holds an indebted ness secured by a pUrchase money mortgage given by purchaser front the insured, or only so long as the insured shall have liability by reason of covenants implied by. tho Land Registration Refotm Act 1984 (Onatario) made by the insured In any transfer or conveyance Of the estate or interest. ThIS policy shall not continue in force in favor of any purchaser from the InsUred of either (i) an estate or interest in the land, or (II) an indebtedness secured by a otirthase money Mortgage given to the insured, 0, NOTICE g CLAIM TO OE OEN 0 INUME0 CLAIMANT, CONDITIONS AND STIPULATIONS other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent pOssi- bie, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, pros- ecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be re- quired to submit to examination under oath by any authorized representative of the Company and shall produce for examina- tion, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, cheques, corre- spondence and memoranda whether bearing a date before or after Date of Policy, which reasonably prtain to the loss or damage. Further, if requested by any authorized representa- tive of the Company, the insured claimant shall grant its per- mission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, cheques, correspondence and memoranda in the co- tody or control of &third party, which reasonably pertain to the loss or damage, All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reason- able judgment of the Company, it is necessary in the adminis- tration of the claim. Pollute Of the insured claimant to submit . for examination under oath, iroduce other reasonably request- ed information or grant permission to secure reasonably necessary information from third parties as required in this paragraph, unless prohibited by law or governmental regula- tion, shah terminate any liability of the Company under this policy as to that claim. 0, Of ,','113 TO PAY OR OTHERWISE SETTLE CLAIMS: TEHMINATION OF LIABILITY. in case Of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amour a of Insurance. To pay or tender payment of the attempt of insurance under this policy together with any cosf,i, legal fees and eXpenses, incurred by the insured claimant, which were authorized by the Company, up to the time of payment or ten- der of payment and which the Company is obligated to (Jay. Upon the exercise by the Company,of OAS option, all liability . an obligations to the insured under this 00110, other than to make the payment toquired, shall trminate, including any liability or uullaallort to defend, prostoute, ,or continue any litigation, and the policy sail be sUrrondered to the Company for Catenation. . (b) To PaV or Otherwise Settle With Parties Other than flw Insured or with the lowed Oloirnoot, 0) to ooy ot 01110600.0010 Mtn olitot oatiloo furor in the itattiO of an Insured darned any Oloint loom doing p,• insured, in a reasonably diligent manner by any method, Including litigation and the completion of any appeals there- from, it shall have fully performed its obligations with re- spect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, editors° to the title as insured (c) De Company shall not be liable for loss or damage to any insured for liabliit voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY, All payments under this policy, except payments made for costs, legal fees and expenses, shall reduce the amount of the insurance accordingly. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of Insurance under this policy shall be reduced by any amount the Com- pany may pay under any policy inswing a mortgage to which exception is taken in Schedule Bar to Which the insured has agreed, assumed, or taken subject, or which is hereafter executed by en insured and which is a charge or lien on the estate or interest described or referted to in Schedule A, and the amount so paid shall be deemed a payment Under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement Of the payment tiniest the policy has been lost or dettroyed, in Which case prnof Oh= Ot destrtic- tion shall be furnished to the satisfaction of the Company, (b) When liability and the extent of loss or damage has been definitely fixed in accOrdance wit theta Conditions and Stiptilatione, the Was or damage shall bapayebloWithiti ao days thereafter. 13. StiliiitlitiATION UPON PAT MENT OR SEVISMtlit (a) The Company's Right et toteregettoo. „ , Whenever the Company shall havh shall ant paid a claim under this policy, all right of Subrogation shall Vest in the Company unaffected by any act of the Waited clalrint, The Company shall be subronAted to and be entitled o rights and r medics which the insured claimant Wtatild haVe had ageing any person or property In aspect to the claim had this Policy., not been lestied. lf feqUested 6y tile Com- Wit the Insured Onlinant nh9transtert�i�VQmPaflYaU NOM grid roitittiliji 00010111 n 11 of molly necessary In otdo to (moot hi of tie G01101. The ai4 coverage o a po cy s a con of Policy in favor of an insured only so tong as the insured retaliy) an error orjntereet in the land, oriolds an Indebted. neat Witold i a purchase money mortgage given b purchaser from t e insured, or only so long as the insureds have liability by reason of covenants implied by the La Registration Relorm Act 1984 (Onatai ter made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured, , 3. NOTICE, OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly in writing i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarhetabie, If prompt notice shall not be given to the Company, then as to the insured all liability of the Com- pany shall terminate with regard to the matter or matters for which prompt. notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the preiildice. ftl 4�d i 01' 8��if� Od 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unrea- sonable delay, shall provide for the defense of an insured in litigation in which any thin party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel, The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy, (b) The Company shall have the right, at its own cost, to institute and p osecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to pre- vent or reduce loss or damage to the insured, The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy, If the Company shall exercise its rights under this paragraph, it shall do so diligently, (c) Whenever the Company shall have brought an action or filed a defense as required or permitted by the pro- visions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy perms rs or requires the Company to prosecute or provide for the defe�ise of any ac or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or pro- ceeding, and all appeals therein, and permit the Company to use, at its option the name of the insured for this purpose, Whenever requested by the Company, the insured, at the Com - pany's expense, shall give the Company all reasonable aid (I) in any action or proceeding, securing evidence, obtaining wit- nesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to is r F insured, if the establish the title to the estate or interest as ins Company is prejudiced by the failure of the Inured to furnish q ration, the Company's s obligations to the the required cooperation, insured under the policy shall terminate, including any liability u nbligation to defend, prosecute, or continue any litigation, With regard to the matter or matters requiring such cooperation. 6. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 To pa or tender payment of the amount of insurance under this policy together with any costs, legal fees and expenses Incurred by the insu; 'd claimant, which wer authorized by the Company, up to the time of payment or t der of payment and which the Company is obligated to pa Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any litigation, i andithetpolicy shall be prosecute, surrendered or o the Company for ancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, legal fees and expenses incurred by the insured claimant which wore authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claim- ant the loss or damage provided for under this policy, together with any costa, legal fees and expenses incurred by the insured claimant which were authorized by the Company up to the lime of payment and which the Company is obligated to pay, Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obli- gations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, pros- ecute or continue any litigation. of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company ny within 90 . days after the insured claimant shall ascertain the facts giving e rise to the loss or damage, The proof of foss or damage shall describe the defect in, or lien or encumbrance on the title, or d114 11lu U UlIVuy, %WeIv.. v , 30 days thereafter. 13. SUBROGATION PM PAYMENT OR SETTLEiMENT, -7. DETERMINATION, EXTENT CF LIABILITY AND COINSMANCE. This policy i s a contract of indemnity against actual monetary loss o damage sustained or incurred by the insured claimant who tins suffered loss or damage by reason of mat- ters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i the Amount of Insurance stated in Schedule A; or, ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy, (b) In the event the Amount of insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which in creases the value of the insured estate or interest by at least 20 percent over the Amount of insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Com- pany shall only pay the loss pro rata in the proportion that 120 percent Of the Amount of insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this pars rco +i shall not apply to costs, legal fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, In the aggregate, 10 percent of the Amount of Insurance stated in Schedule A (c) The Company will pay only those costs, legal fees and expenses incurred in accordance with Section 4 of these Con- ditions and Stipulations, (a) The Company's Highs of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. if requested by the Com- pany, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, com- promise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be sub - rogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against non- Insured Obligors. The Company's right of subrogation against non- insured obligors shall exist and shall include, without limita- tion, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogatie, `fights b' , 'tason of this policy. 13. APPORTIONMENT. If the land described in Schedule (A) consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rate as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an ex- press statement or by an endorsement attached to this policy. 9, LIMf1 ATION OF LIABILITY (a) If the Company establishes good and marketable title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, all as 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of nr relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation, All arbitr- able matters shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this ipolicy shall be binding upon the parties. The award may nclude legal fees. Judgment upon the award rendered by the Arbitrator(s) may be entered in rely court having juris- diction thereof, The laws of the State of Oregon shall apply to an arbitra- tion. A copy of the Rules may be obtained from the Company upon request. 16. LIABILITY LIMITED TO THIS POLICY; POLICV ENTIRE CONTRACT. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and con- tract between tite insured and the Company, In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of toss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action as- serting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorser's hereon or attached hereto signed by either the President, a Vice Pr es', dent, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY, in the event any provision of the policy is held invalid or unenforceable under, applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 11. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in Writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at 310 S,W, Fourth Avenue, Portland, Oregon 91204, or to the office which issued this policy. S YJ'•' �' 1. C a d ;F Y -4' 1 kat A ,US Engineete Meyers 12555 SOWN Ha BlvdM T i gard a Oregon 97223 Tel. (3) 6' February 28, 1 990 Jerry Offer, Develop ,tent Review' Planner City of Tigard Com unity Development Dept. P.O , Box 23397 a T i gard , Oregon 97223 EnOlosed are the following: 1. Application fee of $970,00, 2, Zone change application. 3. Subdivision application. 4. Supportive written documentation. 20 copies of the Nodak Preliminary P1 t. � y t HARRIS f HO HALE ASSOCIATES INC, ENGINEERS -- SURVEYORS 12555 S.W. HALL BLVD. TIGARD, OREGON 97223 TELEPHONE (503) 639-3453 Jerry Offer City of Tigard 13125 S.W. Haul Blvd. Tigard, Oregon 97223 Dear Jerry: Altai hed is the Preliminary Title Report for NOOAK. !';I `h l , 1tti' First Title Insurance Company of Oregon 310 S,W, Fourth Avenue • Portland, Oregon 9720412376 • (503) 222.3651 ,1' i; ,, COVERAGE, HE EXCEPTIONS CONTAINED IN «� ( SUBJECT TO THE EXCLUSIONS FROM COV EP'�IQiI`JS FROM COVERAGE Cp li�r,� SI�HEDULE B AND THE i FIRST AMERICAN TITLE INSURANCE COMPANY OF. '�"�' CONDITIONS AND STIPULATIONS, F i� OREGON, a Oregon corporation, herein called the Company, insures, as of Date of Pokey shown in Schedule A, against loss ,„ chedule A, sustained or incurred by the instated by hie .. or damage, not exceeding the Amount of Insurance stated In S reason of: 1 Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3, Unmarkeability of the title; 4. Lark of a right of access to and from the land. of the title, sts'attorne s' fees and expenses incurred in defense tle, as insured, y The Game an will pay the costs, Company ed but Only to the extent pr vided in the Conditions and Stipulations, Authorized Officer l 11' 04.x, IP ifk Mik lig 4g, rr• AIN t Iti 0.. 4 07 ° loaceredgee dba FIRST AMEHicAN T TLE iNsufaicE cOmPANvv OF OPPGON PREES►DFNT 8 ECReTArn( s c t'ED UL E ' A', Pclicy No.,: 369109 Amount of Insurance: $90,500,00 Premium: $428.00 Date of Polices January - 12, 1990 at 4:07 PM Name of Insured: PAUL O. MILLER --� 2. The estate or interest in the land which is covered by thta Policy 1 e: The fee simple estate-,e 3. Title to the estate or interest in the land is Ire we ted in: PAUL 0. MILLER.�.. 4. The land referred to in this policy is descrJbed as foiloweta For legal description see Exhibit EXHIBIT PARCEL Y:' The following described tract of land in Section 34, TOWnship 1 South, Range 1 nest of the Willame tte Meridian, in the City of Tigard, County of Washington and State of Oregon: Commencing at a Point in the North line of the John L. Hicltlie Donation Land Claim No. 54, which is 38.96 chains East of the Northwest corner of said Hicklin Donation Land Claim, and which Point is the Northeast corner of that certain tract of land conveyed to C.M. Robbins by deed recorded February 1, 1916 in Book 1O6, page 169, Deed, Records, thence South along the Easterly boundary of said Robbins tract, a distance and the . 5 feet to the of . of said Robbins tract the South line offs �a,id beginning; corner West 174.83 feet along t Robbins tract and on a line parallel to the North line of paid. Donation Lana Ci.aim to the Southwest corner of said Robbins tract and the East line of the tract of land conveyed to James .Patecky, et ux, by deed recorded August 1, 1928 in Book 139, page 239, parallel d� Deed �tecords ; thence South 249.15 Patecky t.gact tatl5d 'r�7t Cli.� line pareastsreto theWest line line of s along said - claim to the Southeast corner of said Patecky tract and the North line of that certain tract of land conveyed to W.A. Root, et ux, by deed recorded July 28, 1941 ige Book 22, page 807, Deed Records; thence East on the North line of raid Root track:, a distance of 174.83 feet to an iron rocs) thence 1N250.70 line : ;.orth along feet a lia parallel to the West line of said claim 250.70 feet to the true point of beginning of the tract herein described. PARCEL II: A tract of land in Section 34, Township 1 South, Range 1 west of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follower Beginning at a point on the North line of the John L. Bickl.in Donation Land Claim, a distance of 36.305 chai.ne East of the Northwest corner of said ,claim, hertc:e South and parallel to the West boundary of the said claim, f the 3s said c]�aimherg74 °�4 feet, parallel to the North boundary thence North and parallel to the West boundary of said claim 249,,32 thence West a.. lo g g the North bouZda«y of the said claim to the place of beginning. --e ao 14 SCHEDULEa This Policy doers not insure against loss or r Or expenses) the (and Co�r�- prarn7 ° tlri�.�, not pay costs.. attorneys' p es) which. arise by reason of 1 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the p ublic records; which ma result ih taxes or puce trigs by a Public agency Y � edit assessments, or notices of such proceedings, whether or not shown by the 'records of such agency or by the publi0 records. 2. An farts P rights, interests, or claims which are not Shown by b d inquiry of by an the Public records but which Could tnUeiascer�a .�.ine�er�toxis in inspection of said , lead or by making q possession thereof. 3 Easements, encumbrances, or claims thereof, not shown by the public records, unpatented mining claims, reservations or e cept3.ons in pdtetlts or in acts, authorizing the issuance thereof, water rights, claims or title to water. 4N tltn lien, or right to a lien, for serVtces, 1aiior, or material y heretofore or hereafter furfurnished, imposed by law and not shown by the public records. 5 Discrepancies, conflicts ih boundary limes, shortage ih a'r'ea, } correct survey wou.a.d encroachments, or any other facts which a co c ve .re..t sup. disclose. 6. Statutory Powers and Assessmen ; Unified Sewerage Agency. �- is of �ra�,f There are none as of the this policy. 'e date of �: rights of the public in and to that Portion e premises �i.on of h, in described lying within "s, streets and herein t`he limits of xcaaa highways. 8. Resolution and Order No 76 -26 Filed s May 3, 1976 . thDab`ota coca l For Establishing the S .w' North Improvement District FURNISHED AS A ENV THIS MAP 85 EiMtI;MCt IN LOCATING PFiOPERT1'f AND THE COMPANY ASSUMES NO LI TY FOR ANY 'VARIATIONS AS MAY SE DISCL0= ,' , ='Y ACTUAL SURVEY First American Title Insurance company of Oregon en ea,umsd businees motto a/ TITLE INSURANCE COMPANY OF ORSI N 310 S, VV. FOURTH AVENUE, PORTLAND, OR 97204 003) 222 -3651 134.3_ C.R. NO. 452 2900I1 .96AC 3000 i00 .96AW •� ..9 AC o. NORTH LINE ,: ®NN L. HICKLIN D. L.C. 1 9. 3300 ak,St 41.47A tr: 124.9 i ,....:..y.,.�:�. �.:....� .1 OA • A,. Staff Review CITY OF TIGARD commumm DEVELOPMENT DEPARTMENT PRE-- APPLICATION CHECKLIST Date %v. � /; ,L , —65-6 o.....� ▪ 'APPLICANT �'�. 5 - 545-3 . PROPERTY LOCATXOa11 Address bg7 j Tax Map/Tait Lot /5 )3. PROPOSAL DESCRIPTION/NECESSARY APPLICATION(S) . , ti fl A-c c .s A l ��7 "� 1 i.�� £1 ni ( �% Imo? 'c1 Qt 1Z '%.e 04 re. USE isi,YN. __4_,.._cig...,,,,- ipLeik2se., . ,c:..,............... Qr C7' «15 Adjacent Property north 414.Eix q. AM:.iug..--.-. ' - ,.....-- t,/ soutki :.. �' p�l`�f�P•mwv+{.A•�tl..IS�N� 1 ' ....6104,.............—......-------,.....,...,,,. B east. w,�..,� °o�.�•i' �,.. west r COMPREHENSIVE .PLAN DESIGNATION LOW' Ei , . ,. Pa", '��...' . .6. ZONING DESIGNATION kE"' so e.A.) TIA:4; 3 ST boo ris% a NEIGHBORHOOD PLANNING > ORGANIZATION NO. CHAIRPERSON- ;�_, d 'j PHONE ..._. a CODE REQUIREMENTS Minimum lot size /width 0 '0 M s corner sale r __C+.� .' . L rear , 45---/ 11 mist esi a� Lashed areas tlra�el�s i ---- lower intensity zones - wetlands accessory s tructures zero lo , line f Aa • lot • 'Pbax imui. of c.otierage. lanimthn; building height .d �N�•.. " ,! 1ti `I 410 .special height limits flag lot "`",. other Density 'calculation Density transition andscapang: minimum % of lot area Street Trees Buffer Areas._..;`....,.._r Parking Areas, Visual clearance Parking and loading ��'—� °�' b aYeer 3` dt Access and circulation ' P t4A. ,A1,4 r 4tett. .54e# v signs a� i' OTHER CONSIDERATI iiS (See application checklist for specif i ` items). Sensitive landsa .floodplain 025% slope. ..- Weti ands Open space Historic overlay �..,_. Street improaeeients ' 4 faoi ,tv k is tA6^1i6 erg Right --of -Ways dedication ` Sanitary Sewer improvement SliNek Storm Sewer improvements `- gmprovement Agreement -- Permit; Bonds; exvitftt4,1, 12.014) (5-0../—Sztr PtAblic. 160,) ' "T"`► a.1 1Ahe r yt . _ sewer .Vb Other agency permits .�- --..• - 10. 'PROCEDURE Administi^At Ve staff review Fees ... Public Heat ng /Hearings Officer Pub/is Nearivg /Planning Camiiiis .sion The Admini$ ;batiVe 'decision approx irate ly 3 days after •40 -day aippeal per: od folioWs (0573P /0022P) or Public. Hearing shall occur •a complete ap pl: ioati . ' on * is filed all decisions.' VMS MAP IS FURNISHED M ■ A ' NVE Afl NIENCE IN LO Uii FROPERT? AND THE COMPANY ASSUMES NO L$ARI FOR ANY VARUATIONS.A S MAY BE DISCLOSE AOTL AL SURVEY s First American Title Insurance; company of Oregon, an asingi and knit tots vomit oi' ME INSURANC* COMPANY OF CRIE IN 310 S.W. FOURTH AVENUE, PORTLAND, 'OR 07204 (503) 222-3651 1400 5 01700: 1600 .37•c 32..48 • ea 543, (1,32501 2700 2600 2900 3000 /.I8A .66 4 £26'AC. .96At .96.410 3190 .924c. • % J®NN L IU CKLIf4 D. Le 1* 3400 som.o1s 4e4 ?Ae 1243 ......... ... -- _. .. -. ..... ... _ �. ,_ . _. _ .w_ _. _ ,. _ _ __ .� w. _..._.. i ,f.. __ _ _ kri f) I y r ' .._ _....., , w- ■ t• .� __. ; ' i� ' ! , ,., . • per, . .+, . -- -- ------ - , _. _ 1 I., r ,.xr_ .wrrr, � r .._..... w ,..'. , , • r ...._. I am /'Y, L5;• I , I. _ ....... t .S , 7 IN ® r ,� ® +� ' ; warn It k .� L , •6..;'. ter 1%,4 ,.nNi m ak gS.A�' [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing]