The URL can be used to link to this page

MLP1990-00015POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. �;•,r�errr;z� June 28 "r 1991, Larry Epstein, Hearings Officer City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ear Larry, The following information is to establish that the area referred to as a spring by others Is infact only surface water following gopher holes with the appearance of being a spring only after heavy '«,rains. Ch Wednesday evening and Thursday (June 19 & 20) this area had a major storm that dropped 1.74- ;Lnc ��u rain. ! s of raa.n To the y i than rainfall compare -�� a se�rerit of this storm tRe average total June i 1.34 inches (1.74 --1.34 4" more than the mon' hly average )4 I constructed a weir in the .stream bed imediately below this area. It was a plate of aluminum that blocked all flow so it would have to flow throgh g a 3" ry`i de square notch. The day following this major storm the flow amounted to 7/8' deep by three inches wide. Saturday the flow had dropped to 5/8' 6" to fill a bathtub Monday to 3/8" � it would take 20 minutes 6 deep). By Wednesday the flow was so low I. 'caught the water in a gallon jug. It took 20 minutes to fillo Thursday there as no water in the area at all. This shows that it is onl y surface water, not a spring,, My engif,eer is aware of this spot: and provided to peck it ''up in the sttrrr drain. Thank you for allowing this explanation. Dive - J NO. PAE$ INCLUDING ; THIS GAGE.. „. ,_. , q8/28 g1 11:55 '&503 664 7297 CITY OF GARD T9 ANSM I SS I ON OK TRANSACTION # 11931 CONNECTION TEL 2257365 CONNECTION ID START TIME 053 11:55 /2 39 USAGE TIME 1 PAGES STATE OF • OREGON County of Washington Cl,ty of Tigard 1 depose aid say; (Please print) first dual sworn/affirm, ors oath The City of 'ti garc►, ,Ore on. That I named INOTICr OF PUBLIC NEARING FOR: t'''` That I senyed NOTICE OF DECISION FOR: or. City of Tigard ; :a ing Di Planning Cozwaission . . Tigard .'erring® Officer Tigard City Council A copy (Public nearing Notice /Notice of Exhibit "A°") was mailed to each named ,attached: list marked exhibit *93 on the veld notice NOTICE' OP DECISION as her bulletin board ort the ...=,_ day of in the Omitted States Nail on the ' y of stage prepaid. Eri II Prepared Noticm/ ro3ted For De ielogm Onlla D aiaioa) of which is attchud (Harked ppratorma at the a; eau ®- on the day of I,! �► .. i' attached, %MS pOnted on an appropriate 19 dpai t 1'922_ Mra++e cr.i ted and sworniatf bi to ma on th Ito ,� A AtlM Cff X ' p � A 1 tab I ii ID: v. B C /TY Ali` T/GARD Washington County, Oregon NOTICE OF FINAL ORDER - M dcalassmag • Concerning Case Number(a) : EX,F 9Q- Qm15/241S 90- 0010 . Name of ` Own or: Bob B urns ®. _......._ � .....�.,..�.. ... Name of Applicant Sams, . Ac dress 531 SLandau . Stre City T icy State OR Zip 972.23 Address of Property: ,531' SGT Landaus, street ,.v.. ,. _„,,m„,� ..... Tax Zap and Lot No(s) .: 31 25CD _ tax lote 41 04 & 4103 5. ` Rec, :test': A ` re. eat for of : ne d uetment a v, royal . to add a v. o _fit® 1150 Bauare feet. to the Jjg aide o j d south' said of _ 7�ot 41Cl4a s,,, A.im seee,3uezted and Pap rt3.tion aotnroya divide -AR d.»ate 2 scare site into rR° ia. Two arcele will contain a .. ro Cxiirnte %std . Rauax® feet _ each and the 11 _ co-,t ai AlgpsmatelmarAl. acres __Alga: aR -4.5 Res i d ntia . s 4.5 unit0Aabc . ions; Approval as requested Approval with conditions Denial . Notice: Notice was published in th- newspaper, poeted at City stall, and mailed to The krIkicant and owner(s) Owners of record within the required distance The affected Neighborhood planning Organization Affected governmental agencies • Final ,Decision :, THE DEC/SION SHIRNLL BE FlNAL ON 00TOBER 16 1990 UNLNSS AN :APPEAL XsF__ e at The adopted findings Of fact p d ecisi oo na d stat:reent of conriihiona can lss ao obtained from the Planning , Departmeint, Tigard City malls 13125 SW Hall, Poo. Bob 23397, Tigard, Oregon 97223. ogi Appeal: Any party to the decision May appal this decision in accordance ma with 18.32.290(B) and Section 15.32.370 which proVidea that a written, appeal may be filed within 10 days after notices is given and sent the appeal may be submitted on cite forms and must he accompeniee by the appeal fee ($315.00) and transcript cots, (vaties up to a 4aximum of $500.00) The ` deadline for filing of an appeal is 3:30 . -;, „;, sa ; vtw . � " • : . 10. QMPutionuil, if You have an questions, please call. the Cat of 1'i Planning Department, 639-4171. CITY OF TIGARD PLANNING C 4NIS810N Film ORDER NO. 90 -23 PC A piNiL ORDER INiAING WINDINGS AND CON CLUSIONS FOR A MAJOR I1 PARTITION (NLP 90 -0015) AND LoT REQU1 3TED By DOD DUBNESS The Tigard Planning Commis ion has rOViewed the hearing on septomber 18, 1990. The Con wise ion facts, findings, and Conclusions noted hey. - FACTS wHion APPROYBS AN APPLI lTIoN LIND' ADJUBTI NT (HIS 90 -0010) above application at a public hasp ba®ad' its decision on the ,. general Information HoAszt. Major r. Land . Partition LP 9O 0015 /Lot Line justr ft . 8: -)®1O REQUEST: A request for areProval to allow a lot line adjustment bit a tax lot 4103 and 4104 (see Exhibit A\) which will 1150 aquaro foot increase in the size of tax lot 4103. Also requested is minor land partition; approval to allow the remainder of tax lot 4104 to be divided into three parcels. Two parcels will contain approximately 7,821?' aeare feet each and the third will contain approximate,Y 2.61 acres. � COMPREHENSIVE PLAN DRSIGNATION Low density resiaeential ZONING: R -4.5 (R %aidential, 4.5 units /acre) OWNER/APPLICANT: LICANT: Bob Burnam!: O 7531. SW Landau Street Tigard, OR 97223 LOCATION: 7531 SW Landau Street (WCTM 181 25cD Tax Lots 4103 and 4104) The subject parcels were annexed to the Cii:y of Tigard through vita Northeast Metzger annexation in November, 1987 (ZCA. 87-05). A lot line ad j u s 3tmeatt for adjacent tax lots was approved in January, j s. .. --20/M 1989. A n:i$.na+�r faxed partition and lot llroe adjustment �ll'iL►P D 89 -27) approved in January, 1990 created 3 parcels ,rant adjacent tax , lot 4100. On May 11, Director's ad uL�tlnl Hlt A 9C�1305/M]C8 9D� �► 1� 19'90 �he� and �.at line a�Pp► gyred a minor land partitions FINAL ORDER 90-.23 PC .. ZtP 90- 15 /NIS 90 -10 DURNESB P�CR - 1 0010. This decision w sa appealed to th Planning Commission. The Co a s eaion overtsrned the :71aci lion and upheld ° the appeal. ber *UUoe tx 3 ' subject pa ,:col in located in the MetZget- .Progreso Community Ply Area of : Special . Co acepn #10 (ASCU° ' #10) .. The Commission determined' that . net enough information wa >' provided concerning ASe #10 and that future applications development of this property should be considered at a public hearinhearing. yi.ciui t 7arni:er ati on forth of the subject parcels the properties are za tech R-4.5, Properties adjacent to the ubjest parcel to the south, 'e, &A, and wet are located in Washington Ce my and zoned 11-6 ter a3ingle family properti w.$ are ale, + zoned: �C' ®a��.d ®lfiai3l� Furth to the wt�sa�. p�� r, a , t= 9'n ,o a o A aingl dWellie0 ie located o 4 tax lot 4103. The portion of the pr y under consideration for a lot, line adjustment and creation of the two /0260 square foot, parcels contains 2 oak • tress (6 and 10 inches ' in , diameter), 25 fir trees ('2 to 4 inched in diameter), 1 fir tree (6 inches in diameter), and an assortment of mature orchard fruit trees. Exhibit Bi submitted by t e applicant, shows the distribution of these trees. The applicants own about 7 acres in this area including thsi Subject parcels. All of tax lot 4104 is 1ocat dt in ABC #10. The northern portion of this lot is wooded and contains a large reingle- family dwelling. Tax lot 4103 is not located in Aso #10. lot tax lots �C ,:ks applicant proposes to move the ccrak of , p 1.fne bgt►,e�► 4103 and 4104 ( see exhibit A) 10 feet to the north r esax4 i q in ars increase from 8,165 to 90316 S a feet. in Matt size of tax lot 4103 f� en to ia►o partitioned into �. three arcelremainder containing. 1,820 equa re fee : and 1 containing 1.8 acres. The 2 parcels containing 7,820 s are are located just lot 4104 se . Exhibit 83) . Access to the Parcels is feet oi? 'tau i proposed to be provided by an aecesS easement located on tax lot 4104 56 AgeLt,SY!Qq.M.9.12Sita The. Engineering Division has the following commentel Access is provided b ► S.W. Landau 5tt a City local atree with an ekisting 60 fool - wide right -of -way, IMprOveMents ar limited to a narrow, well- graded gravel road. Interim sues improvements should & installed withian►;, S6�,ILandau Street lAeleom the proposed street wat thin the subcivis1ioA west 'to S.W. 77th pie proposed street preitride c%sso to_ 7 lots and could sere additional lots f dliowinq further p I, tion Thg b , codas Section 18.106.070.A requires that streets aer ing,,t.more than useix residences be public. public two -tads atreep in►:provements should be ' Installed along' the western edge of tb 4 site. The stree;, iimprov ment could to completed u �:.y development ' o tate parcel to the west. Code Sectia,`y,4 18.108.070..c(2) al:) ows a hatnsmethead-- configured terminus wit! paved sur dace $4th each leg of the hammerhead having a mini/kat depth of 40 feet aid a minimum width of 20 feet 2.he site drains north tow►arda the sc sith tributary of Ath Greek. Sanitary sew r service is provided by , an existing line ,along the back of the. proposed lets. No additional extension of .the line is required. Thte Sewerage Disgetrict has . established and the City has a jreec',� to enfr rce, iaq Rosalu if.cn loo +. 90 44, :, Surface Water ItIanage .ent Regtnlathona requiring the casr,atr ctton of . on site water quality facJ.litiee or the PaYment of fees in lieu of construction of these faacilities. Requi.rilig ` surface water quality facilities on sisal L Sites would roault in numerous facilities that would beco' e a maintenance butdert to the City. Furtha::. "more, the appli. ant had , not proposed any such facilities and there are no nnat'.tral depressionnss, os» other areas of this site that ate particularly suitable for water quality g.. by faei,itiaas Regional faci.l3.t�kesr funded b fees in lieu of construction of these facilities, would provide the r treatment with' improved reliability and leas mainte'tle nss e. Consequently, a toe in lieu of the construction of on-site water quality facilities should be asseenseed The Building Division requebbtss that a drawing showing the eri %ting underground utilities for lot 4104 be witted. If any utilities (including water, sewer, gas, pawer� t lephoss, cable TV lives, and ■ rain drains) cross new property line, they ahall be provided with easements. The Fire Di.ntri rt notes that 1) a tut naround . conforming to the requirements of the s'rr. &form rite Code must be installed led . at the ,end of Landau Place, 2) fire hydrants are require d within 500 feet of all portions of buildings (measured mound the outisida TPO 18 notes tha side y s etback re iremente , aaw.ti addressed. Street Pavement ie seeded i:or -+ 6 resident cee rind "'4 in Pew - t.1LP 90-18/MIS 90-10 U S 4 lots are being served the accesa should be 30,feet wide a 20 foot wide.! .Paved area., Vhey wanted to kdow which part of 'LaradaU, Js in, the 4 \uriadiction �f the County, which of- 14/1e City and were cancei.nOdi about: edugneite fire ,, protection. CPO ' #4 has 2 j o objections to the ,lot lice. adua p x�i., bawevea? tea have expressed the fpllowing concerns with reapeat to tote land partition: We believe thin pro sal conflicts with tLs tagerQ rogrefii3 Community Plan and 'the city of Tigard` Comprehensive Plant. Under' the General Deed gin Elements of Cpco #4 Motzget Community Plan t`,q,feAview, the developtent On the two 7,620 square foot 7;ote it cxl.ate' Point 5a which prohib',ta filling of a iioO8p13thi .which results in a net decrees , water holding caps tt7. These prOposed iota are ` direotly above X110; final, watershed ePProach 'to )kiah Creek and have water sl 'ut on the surface . a, for several. montlha . per yara�. Sievelo sir; of .t11;i 3 . land, will violate rhea Tigard Comprehensive ve plate which states tin r City pm• aonal shall. not allow development in areas having a high a�+eaa water table within 0 24' of the surf - ce for 3 or more weeks of the Y (Page 11.12, p li o ► 3.1.1.a). It should be noted that 3 of the 4 lots t0 the south (Uphill) of the ro a new lots are undergoing single. -fa roily how deve1opment,� with 4 tax lot 4103 alre&dy ierl► loped, making ill the land uphill from these proposed lets+ and Ash Creek developed. The iauperviaua (that die , non -water absorbing) surfaces of these honed (driveways, roof a, vatioa) will add to the amouxit of Water and will be expected to hold and retain. This addl,tional burden will likely res 11t• in erosion, slumping, earth elides and weakening o9a foundation soils without the construction of uigniticamt drai nage engineering, which would furthe ' detract rom the natural characteristics of ash Creek. US West notes the must be notified a oinimale of 45 days toefr re developing and the developeit will be reg4Lred to provide 'trench down to Landau Street. E, School District 23J, axed Northwest Nature1 Gas have previewed the proposal and have no objections to it Coaaaente were received at the public hearing f nearb owners ac reflect in the minutes. FI A, G► OIMSA 90,-23 Pc .. B. FINDINGS AND CONobOSIONS A pplicable criteria for review of MLP 90-0015/MIS 5;0.0010 include ", . mPreli sn "ivs Plan policies 2,,1.1, 3.1.1, 3.2.1, 3.2.2, 3.4.1, 3.4.2, 7.1.2, and 8.1./ and Community Development Code Chapter/,& 18.0, 18.1.88, 18150, and 18.162. aid' irat is Satisfied because notice was seat F�x�ioy 2.x,..1 /citizen 7[�� ®lam ) to property owners within 253 fret al ' the proposal, #8, #4. � owners and A public hearing is b3ing held to provide. hose p pert other interested parties an opportunity to comment on the application. PT; t sical Limitations and Natural Hazards) will be Policy because l 3 w 1. �. either satisfied sues pri�►r to the i ®suan� of building of the proposed 7,820 Square foot lots a veils report must be submitted to the Building potential hazards are identified the � �ivisi.on. If ..' offset the ®cai;a. Division n to offs . : 1. require a��,ree ' be taken that Ya � constraints. i construction on �,orn wri.l These ;lil&�aB'1�1i,.el� �a i�nc��.udts Spacial design or ec_ feature w such as . construction of a d zinage foundation or - the Elise eag w « pilings to support the dwelling(s)- In addition : the applicant will be. + required to provide an on -site drainage facility. ' w . wern that ,needs to be addroased her `" . The ;, ,� .;• CPO #4 has expressed a oon�w � � that the proposal i&� la violation of cc mpreh+ nsi Ve Plan : .. � contends tuna shall not 3,,1.1.a. and thah policy 3.1.1.a reads ...the (` i y soli 3,� eao having a high Seasonal water table within 0- " al.law dev�elo ant in az 24" of the surface for 3 or more weeks of the year...." Policy 3.1.1 and 3.1,1.a reads as follows: The City shall not alloy development in areas having tie raXiowing development limitations except where it can be shown that engineering techniques related to a specific plan site ewi make the area suitable for the rropoeed developments a. areas having a high seasonal water table within 0 -24 inches r" inches of the surface f three or nor®.week® of the year clear ® . ly, it is not tYe� intent of the above policy to atop i�evk3loAt • ,_° int but to insure that ,otential ha sa:rdS a,�ce identified and special design to offset sail. and considerations and. iscrn ®trv►ctioaa measures are teen t e .., gec! ogic constraints. A MD site visit by engineering a nd planning staff did not reveal te 1e presence of water on the site in the vicinity of the 2 prapos4d 7,820 square foot lots.,. The Commission and Staff recognize that water' tee ��►. . on these present seasonall and there iol c and soil condition he permits, fears prior to issuance of h.. a survey be taken to determine the +� 1 2 lots. If deto mind to Os necessary, tY a applicant for a buildling, FINAL ODDER 9U-23 PC ALP 90 15/t4'8 90-10 BUsliggs PAGE 5, perm›l's will be required t + provide design and construction features to o gCet the constraints. policies 8.2. 2 and 3.2.2 ( Ploodplains and Wetlands) are satisfied beca�0eo filling spears to be necessary 17.0 accliah the proprysed deve1oat . CPO #4 also believes the proyos .1 violates paint 15 of the Metzger- Progress ss community plan Overview "...which prohibits filling g of a f loodplain which JPeaults in a net de .reaae in Water holding capacity...." Again, no filling appears to be necessary. The Metzger - Progress Community Plan identifies the site as an Area of Special Concern (ASO #10). Bg ever, physical boundaries are not defined for significant natural features such as floodplaine. Instead all properties that touch or ara adjacent to a physical f 4.ature oh as a creek o,' river) are considered inn their to t t bef part ' fs an ai:ea of special csncern :see Exhibits in th®ir r`ntr � ;� p B ancl D) • the City doss, not have floodplain information for the Metzger area. Policies 3.4.1 and 3.4.2 (Natural Areas) are satisfied because the ,proposed partition and lot line adjustment is occurring on a portion of ,p P eat the parcel that identified by an official from the Department has been i.d�$t of Fish a� ad Wildlife as not a significant habitat for wildlife . The northern portion of the site has been identified as a significant habitat for wildlife by the 8tat., and a survey conducted by Scientific Resources, Inc. Policy 7.2...2 (Public Facilities and Services) will be satisfied as indicated by comments from reviewing agencies, none of whom identified any service clef iciencies y d becaueo the provision Policy 7.2.1 � x.11 be ge 8to Drainage) will be satisfied of an on -mite drainage facility quired as a condition of approval. policy 8.1.1 (Traffic Way ) is satisfied because the development abuts "s a publicly dedicated street, the applicant will be required to provide a p within the davelopfaent, and public street to City ��tandarde ,audition: i. interim improvements s to SW 74th Avenue will be required as a c of approval Chapter 18.50 (R --4.5 Single Family Residlential.. Zone) id satisfied because the 2 proposed 7,820 square foot lots ex teed the 7, 50b square ly 7 �, 820 sure foot ` but aatief ec the average minimum lot.. size h�c� �3.r� enh. The , �st nctariher lot width lot is a.r�.eguiariy shaped a amniemnn 10 feet. The average width for both lots la requirement 68 f g� � approximately feet. Dwellings requirements of the � 4.�� rose, t� are: required r meet e front setback 1S feet for the .rear and 5 feet for the Side de 20 feet for the � yards. FfliL °SIDER 90-23 PC - BLIP 90 -1S/ IS 90-10 BURNS S P 1 6 IL no chapter 18.108 (Access, Egress, and Circulat .o i) vie.1 be sateefied because the applicai t is required to ded :caste right --ol -way and provide to :ic -thirds public street improvements to ' the internal roadway as a condition of eneeeval 1n ddition, the applica t will be required to show proof that an adequate turnaroaanel for emergency vehicles Le provided at the terminus of th =. _ppropos d' access. chapter 19.150 (Tree Removal) is satisfied because the aappleeant will be the Planning Division required to obtain. a tree removal permit froasa t Prior 't.4.o the removal of any trees. y_ ' , the previous r quest for a minor As n�� in the bacA:��ovxad infornxt�ntion land partition vas appealed to the Planning Commission.) The appeal was Upheld, on the gx oarnds th t the application should have been view re; at a peblic hearing at• that not enough information wa available concerning ABC 010 It abould be , associated with . ed b neighbors about tree here fval sassociate result of th a concerns expressed x 9 �� - a previously approved minor land partition (MI.? 89-20/K 89-27) not located in ANC e10, Washington county wee Oontacted in early August, 1990 to determine what steps should be taken to protect the e' at aetie and a wildlife value of the areal. No clear method for protecting the area was recommended. However, we were advised that an anaa�_ .;y lie of the effect of the proposed tree cutting on wildlife would be appropriate. On Augnaat 180 1988 a wildlife biologist from the mate Department of :Fish and' Wildlife and Planning Division staff inspected the property. Th biologist identified the northern portion of the property td the Ash Creek area as the eignificatat wildlife habitats ABC 010 require = that parcels located within its boundaries be reviewed at a public hearing, that no additional streets cross Asi. Creak, and. that "development approval shall not permit removal Of more than SO percent of the r° stan e g trees (six inches in diameter or greater) unless demonstrated that removalis necessary to permit development of the site at the planned density." The Commieeion does not interpret the intent of this provision to stop development but to .review develop:ent through the pub hearing d process to f ell with a diameter of 6 inches or greater. noted ed earlier, the northern portion of tax lot 4104 is wooded. The portion of the parcel currentl y proposed t o be developed with 2 new �. trees all o which hoanesite® contains �n aaaaor>,.'�ernt of orchard fru�,t have diameters of !a inches or greater (Flee Exhibit E). Most of the fruit trees are located within the bendable area of theee lots. The g diameter meter ' tha s 6 inches and do not requirena �rovalr�p prior to their removal. However; the applicant should p many le. A tree be �ncosaraq d to preserve as man of these trees as Possible. V must be obtained from the Planning Division, prior to removal per�mit, t� removanl of any trees eeth a diameter of tx inches or greater at ` 4 feet, *a. height FINAL °epee 90-23 PC ML» 90.15/MIS 90-10 T Ss PAO ce c Oiak and fir trees are located outside the 2 propk sed $ 0265 square foot lots. Removal of t` ese trees should not be necessary for construction. Chapter 15.162 (I: nd `Division: Partitions and Lot Line Adjustments Section 18.162.060 (Lot Line Ad ustmente$ Approval. Standards) of the Community D - velopment code contains the standards of approval 1 for a lot line ad ju tment they are =. a follows: 1. An additional lot is not crested by the lot line adjustment, and he existing parcel reduced in size by the adjustments is not seduced below the minimum -lot size established by the approved zoning for that district. 2 , By reducing the lot size, the lot or structure(c) on the lot will not be in violation of the site development or .yenning district regulations flay that district. Lot line adjustment MIS 90 -0010 . satisfies the above, 4riteria. 'io additional lot is being created by the lot line adjustment. The applicant is alec° applying tar a mi3ac DD . land. P „ partitie s as discussed below. Tax lot 4103 is increased in size from 8,165 to 9315 square feat, thus exceeding the 7,500 square foot minimum lot eL s of the R -4.5 zoning district. No str *ctua sae or lots will be in violaas,Lon of the recite development or zoning district re julations as a result of th lot line adjustment. The proposal must also meet the minor land partition criteria of Section 18.162.C4O (Partition Approval Criteria). They are as follows: 1 e The ' proposal conforms with the City's comprehensive pl �. The zfrroptIsed partition complies with all statutory and ordinance requirements and regulations; 3. Adequate public facilities are available to serve the proposal; 4. All proposed lots conform to th size and dimmneioraal requirements of thke title; and a•' 5 All proposed improvements meet City and applicable agency standards. The proposal satisfies the above criteria. ;she proxeosal is or will be in conformance with the applicable comprehensive Plea policies. Eased' on cement® received frog ; the various agencies, the Commission also concludes the proposal complies with r', stutory and ordinance requirements and regulations and than: adequate 9ub1 &C facilities are available. The proposed lots ' conform to the size and dimensional requirements of the Code. All 3.42rovementr} will Meet City and applicable agency standards. FINAL ORDER 90-23 PC Z.L P 90 -15 MI6 90 -10 DHSS «.. PAGE 8 The P1avring cemmi0Pkma approv a 1,aior Lan) Partition and Lot Line 19idjuetmenn,, MLP a c)O15/Nxs 90- .o�@,t0 ,a je* to 4IIa' fOl1ow conditions: CONDITIONS 1 L. 5 SHALL BE ' Mla ?R1cR T9) 1 EooBD2tiG wITl HAsISINGTON COUNTY, c0NulTI0N5 6 -� 10 SHALL BE MET PRACOR ''o 0 STAIN tNG A B ILDIN PERMIT, AND I iN =1 AN . PERMI TS C9c�rilT,�da�a1� a � .'i.+4 SHALL 1�E MET p�3loR: To �C�STAIi�ING >� l e , A let lin; adleaetment and partition survey Plat and an outbound deecriptioA shall be ' submitted to the Engins eri 1 epartmen ` befog 're recording. The plat shall clearly show any public Utility or sewer easements. ST °P CO TACT: Johv 'Hagman, Engineering `' DepartmoAt ,f,;-39 -4171) . ;aC Twiz : (.i) see 04, detailed pvk)lic . i oVea sent plane and :Profile czetruction drawings, shall be aubwitt e! a, n3 nary re +view to the Engineering Departanent f, ' saw (7) �n aete o , approved drawings and one (1) itemizee construction coat eetimatee all prepared by a professional Engineer, shall be '' submitted for final review, and ap!!±rovatil (NOTE: theeew.plana - te. -i n , ,any .drawinga regnired by the Building Div L9'ion ` and ohould only include• sheets' relevant to public improvements. STA!'? CONTACT: J®hn Hagman, Engineering Department (639-4171)- 3 �ulla�n� pe rmits will not be ienued and ^c netcuctien of proposed Public imPtovemente shall not commence until after the Ingineering De tment has reviewed and approved the p a►li c improvement place and a street opening permit c �, construction 1 agr4 cement „� icn �c,�ap ianc has been executed. A CO X p r'.ent perforranq,� aeeurance or letter d of co mitment, a devar1'oper- engineer agreement, the "pa ment of a permit fee, a sign i net llation /streetlight fee, and a fee in lieu of the construction of .on-site water calfty taoilitiea. are requires STAN CONTACT: .i o ►gin; Ragman, Engineering Departtse nt (639 -4171)t. 4. 1Nn agree ae5 'Nall be executed by the applicant, on forms provided by the Cit thich waive= the preperty owner'.a right to oppose or reme►.a,ntn~ate a fut+�tre Local, lmpro a went Diattrict. germ: tm �,� �,..nant improves S. W. « Landau Sir eet SiAPP C7ITACT t aahzn Ba g me5, En ineerin De artMent (639.171) 5 * A t sta,eet right-of-way with minimum a width o S6 � ., 4y feet ehall dedicated to the public along the entire length r+ the internal atre<at. The dedication shall be o1 dity' forme .'and inat c' icue available from the Engineering Division. CONTACT': i7 Hagman, Engineering Department (' 639 -41/1) g provided ry aa of M'ta improvement plans. Calculations ‘,„nid a topographic malts ■k drainage basin obeli be pyroVided ee a sup 2'XNAS ORDER 90 -23 PC Flop 90- 15/m1g 50-10 B014Pgs8 • n r pro ,cement, alculationa 's a1 be based on fu.X deeele +pesaen , .. the eeervicvabl(4 e2 qa�.. STAFF CON ACT: Greg Berry, 1 ngineerin *,*part ,eatt 0639r.41 `91 ) Tea agpli�:�arat' shall .: q atr lte that storm drainage discharged into t}.�' -. :listing drainagewtlys rithout itiicpac . ,ng proper es e4ownatream• ` ►'3TA F id' xs "rs ffinginsering' Department 16i9-41471) runoff ,can bt aig lei cantl Greg !+rrye An erosion control Tarr _shall be iron .ded .e,6 o tine pu,..'iC `A improvement drawings. The plan mall confer. a t11:4;7:47, "Erosion ;C.onta I Mans NTeohnica Guidance Handbook, R®� 1" 1989. "° ' STAFF NT ACT: Ord Gerry, Engineering Department t ,(63+x- +4171) 1. ; 2► tree removal permit shall be obtained pricax.` °'tee thee . gio►a1 of a y 2reta►e.' with a 'dtsmeter. "of 6 inches or. greats sit '4 :.feet in height. The, plan eubmi :tad to . obtain this 'permit , shig1L., Sher which trees are to rbe rid And she► ,1 show Use a urea 'slant will be taken, to protect the remaining ifirees. STOP ' t NTAC : , Goodwin, Planeing. Division (639 - 4171.) =n addition to the Storm drrai :ge deta to 4\ :so/tilted by the BngioBering 'Department, the' applicant shall ss Ar t a grails report for at least the' 2 7,820 square foot 1.0;!'s. STA 'CO c` : Brad '` (639-4171) P�aet Nn�idin Division 11. .Two- street street improvements, traffic Control devil es'r .rvr ` r, a ones, cache,, a 34 mailbox clusters,; concrete sidewal)CS, �. w+away pr foot wide- asphaltic concrete pdvOment, stories drainage, streetlights, and underground unlit led Within . ia►es �'�hal1� � installed the 'partition. A one foot 'wide reserve strip along the property ided. Improvement tai' designed and line shall be, prow' a shall street etandardee .trc�.udi g °h+t aerhaad it the to local .. terminus. ' Trees near this improvement nt shall be pres�,+ry cd when considered feasible by the . Pler.,ning Division r and E nigineor ing Department. STAFF CONTACT: Gary AlfeOn, Engineering Dep tmi nt (639 - 4171) . 12. interim street improvements, including double bitumin+bus ,,chip seal 2�� `feet in width, shall be installed within 'the. right-of-way -way hin of S W Landau street from the proposed street w� , the partition welt to $.1./. 77th Avenue. STAFF CONTACT: g Altooki, ngieeering. Dept. 1639- 4171). CO pram J 13. Driveway onto shall not be p^xmitted within thirty feet of intersecting right-Of-Way r within five feet of property g - f-�wa lines no lines. STAFF CONTACT: John Ra gman Engineering 'Department (639.0 4171). i Xru L ORDER. 90.23 PO MLP 9O -1.: 'MIS 92-10 SASS PhGE f • treat centerline ':monuwmentation midi rov a , f Ol10Mei; nter1in3 Z4onuiuentel ion accordance '`with Oregon iaed Statutes' 92 •060,► eubaection (2), the centb?1 Lnia.�� of all street:, rnd roadway `rights- of-waa aha� l be mon n'c be oria. tbo C accepts a street ,, i mproveuaer►t,. e followair g centerline' umenta shall be set A) All oenteriine- 'cente0i ne intersection. 'nointe.. 8) All cul -de -sac:: center Pointe. C) Curve prints, beginnin g. and end. points (PC' ' a d PT'S). 0r"atnent Boxes Required ) Monument bares conforming to City ' e, and da .w•ll be required around all centerline interav!ction points >dd cul-de -sac curter points. ) The tops of all monument boxes ehal /J. be Cost to finished pavement grade. STAPP CONTACT: Johi\ Hagman,' Engineering Department ' (639 -4171) .. S OF ' FINAL: TATS •APPR(��J�,, 36�� BE V1z3ti IF gXLRCISYAL? WITsIR�1 18 MONTHS APPROVAL DA E. It � `.s further ordered that the appllcant be notified. of the entry o order. PASS2b z This da y of October, 1990 the Planning Commission of the C it,; 3 of Tigard. • ray R. Donald Moen; : -Pre9 de !t. Tigard Planning Com►ienen MLP90 --16 •PPO /VG F/NAL ORDER 90 -23 PGA » IMP 9V "la/MI$ '90'~10 '#+ 'NkS =+ � PAGO ll', T- ;A ° Bob Burnes 7531 S.W. Landau Si Tigar,d, OR 97223 246-0406 AZ'Otit '11 bSC ON Pt itit .1.011 0 " ai, S 1411 teat ELDEN EICHLE,@ PROFESSIONALS 100 10260 SW GREIE'NHURG RD. LINCOLN 250 .TIGARD, OR 97223 THOMAS SMITH 9930 SW 77TH PORTLAND, OR 97223 KEVIN SIMONS • 7525 $W LANDAU ST TIGARD, OR 97223 K NNI TH BEEBE 7675 SW LANDAU ST TIGARD, OR, 97223 i u� maawir BEN Rooms EN DIs nue mit I. ..r'ai�r�vfi+ScWkormk. 40/ 44t -,f?`li.'+lmit "y},bimi4.:.X y ►'iC i �w�� ■�wp�s�w� i�Ma /Yt/.w.�.�.WH,Yu4 •Nwh.+.. Y 'M.q +.�h +1'� 'Y� is AeTT 0T30o • INVIII0I800 30T lase/ow eii :11&I. if SX mama; 3oTTS oosol • °*** swarm earli 382® TIT 8i1 LI= nsa �► ibac � v2soc% r 32T73 +a. CY 84102 *LK CO •••se••ee MAYND 1@022 et zcf2 Dom' wait Y WHO 30.TT3' B°00800 e • d 1 tai 0 BOX 313 enICibrx 3Hc 32TT I0 ? *"003Ot 8 .13 % if •••is •,••e. 15 a..33. .'. s • *.e.0 e,.' •yi 0 • • ON asns • r.y Wa4i. ...YF BOB; BURNESS 7531 SW LANDAU ST TIGi D, OR 97223 +�i�� • Yyw4 N A �:i3.�7M�YCR'Mj�Y+�u��. rox .an= bare cot 1340 e$2T73DCi 07 0 ............. . ZIOVED Teoae :EM ,� BOOM g fac Mranal ' w Minn i SA ' 'li1t8 �V2rl3DC OTTOO h`,' s; �l lA4¢' vf�41sU 'tt°2S+C�,eiiti:9r�..C+��'. TaiZa YAW f, w ago nee bYCZEIC Dry`. 3073D0-0010t -tot k ■ • 1 X21 :. ,,: 12.%02 Riti MD 130X • 1'P. Ex' 'a' °r l 111 r alt ,� 4� ukt 2 Y ov l E S .f 113 00300 .iNao'rIaai P eau a3sat •airr,0.•waaa4r'' 'larch CZ 12, 1991 Mr. Bob Burness 7531 Si I Lander street Tigard, OR 97223 Dear fix. Sirness, CITY QF TIGARD/ OREGON Thank you for submitting a written stateutent requesting a , tree removal permit for the property referenced in Minor Land Partition MP 90 -0015. 1 have again reviewed your request for this tree removal permit. The narrative which was provided with this request did provide substantial information as to why a tree removal permit was reqUested. After careful review of this request, it is the City's determination that the requested tree removal permit sha11 not be granted at this-time. The City may approve tree removal permits which fall within the guidelines of the Community Development Code for undeveloped properties w the City of Tigard As we had discussed in previous weeks, the City was not able to issue a tree removal permit for the trees presently in question. I agreed to examine a new tree removal permit request which would use the street alignment (which may be proposed sometime in the future) as part ► ` the justification for the granting of this permit. reviewing gal, along with the submitted �+aater;, After plicable1 sections of the code, the City he Cit determines that the following options are available ('dote ° may be additional g' _ p there �aa p by City time.): options which are not seen b the t,a.t at this t 1) Construct a turn - around as approved, by the previous City of Tigard Senior Planner, Mr. Keith. Laden o n 2/l2/91 . 2) Apply for Subdivision approval of the remaining portion of the future development site. If approved, this `'would provide the opportunity for the City to approved a tree trees which are located in the f�otprintof the Qa roved new street alignment. p approved 3 Move a portion of the scut ie rn end of the. spoll pile t ► pit her the north or west side of said pile (ror t+o anothet �, 13125 SW Hall aid, PO Box 23397, 23397,1100rd Oregon 97223 (5 3) 639 171 Jl' -,a BOB 'BURNESS 7531 SW Landau Street Tigard, OR 97223 24+6 -o4p6 March' 8, 1991. City of Tigard 13125 SW Hall Blvd. Po Box 23397 Tigard, OR .97223 Be ;, Hammerhead turn - -around for Planning Department MLP -90.- 0015,. drainage afld access to property. Ron Popnroy The following are reasons it is necessary to .remove three large trees very soon. 1. To provide a hammerhead turn - around for raiP 90-0015. a. The only trees to be removed are in the paved area of the future extension of Landau Place. Because of the existing house there is no other alignment of Landau Place available. br. The hammerhead suggested by Keith Liden is not acceptable since there is a large spoil pile: in that location and there is no satisfactory place to move' the spoil because of ether trees. 2. To provide drainage from Landau Place. a. To daylite storm water from Landau Plaold it is necessary to cut through this area to the swale to the West. To , daylite` to the swale it would be necessary to dig between the big trees 'which would cause the ditch: and resulting water to weaken the base of the trees ° making them a haiGard. 3® To provide access to the southern portion of the property. a. There is such grove of trees and raised terrain that hereon of property. Y the southern there is no satiactor access to b. It is necessary to bring the shed p 'in the owale up behind the house for a temporary constr;�xction shack. To t. ...e is down while there in working space. get thhe trees ees own�wh to fell the trees before the placement of curb forms, pouring the curb an4 paving the street to prevent damage. b. It is necessary to fell the trees before commencement of building structures within the fall radius. Thank You for your attention to this matter. Sincerely Bob Burners 1 • • BOB BURNESS ?531 SW Landau Street Tigard, OR. 97223 246 -0400 City cf Tigard 13125 SW ' Hall Blvd. Pty Box 23397 Tigard, OR 97223 Planning Depa^^tment Ron Pomroy The following are reasons it is necessary' t:o remove .three• large trees vlary soon. 1. ` To provide a hammerhead turn-around for ." 90 -0015. a. The an ii 'gees to be removed are in the paved area of the future extension of Landau Places. Because of the existing house there is no other alignment of Landau Place available. • b. The hammerhead suggested by Keith Liden is not acceptable since there is a large spoil pile in that location and there is no satisfactory place- to move the spoil because of other trees. 20 To provide draiaatitl : from Landau - Place. a. To daylite' storm water from Landau Place it la necessary to cut through this area to the awal\s to the West. To daylite to the, sgale it would be necessar; to dig between the big trees which would cause the ditch and resulting water to weaken the base of the trees making them a hazard. 3. '10 provide access to the southern` portion of the property. a. There is such grove of trees and raised terrain that there is no satifactory access to the southern portion of the property. b. It is necessary to bring the shed in the ewa ,e up behind the house for temporary construction shack. 4. To get the trees down while there is workive, apace. a. placementeof��•cuurboforms, pouring tY of curb and a P avin g the street to w ant damage. b. It is necessary to fel *sae. tr Jes before commencement of buildir4 structUres within the fall radius. March 8, 1991 e; Hammerhead turn around for HLP -9Q- 0015,. drainage and access to property. Thank You or your attention to this mater. Sincerely Bob I Dness _ yy • ��-I (.acre Sip td k &cde6 to the City a' 116y,ftt ra tmtrut.- 0°35:101K 4 c teat/IC(7re to i cas "L&ddvuP/t "Cy gate ken/me/It --- " 379_ l4' _ , S 0 "3.3 J0'' ;4019- 27900 -(v003179 " oo Per PART PLAT Al o -Osi) .Yer pap tine per fee hb 90-S0718 & • of l gi&tfK9o- d1 "000z'„ p W� Res 051,dgj p G " F22 l►�- Piet I Z1:1 0 \ aa PARCEL - t,44ACEJ2 vs 7826 IF 7914 SE t. 68.0n D0noteJ monuments ktioa4T. oted S. g Denotes 018 "A 0 IronRtxf'W/,t a 'tte yellow to 1C 1 rfriir silo LEGIBILIT` SIM l j ferf rare &cded to the City 4r t ; ,lei' d'Oardie IJJIIU , t f hededicaletto &PY icesLuck/ li re -hy separate it ltument_ -"r �? 3L97 6 -. fitd2- 019969' 274.60 PAR RAF Aft 90 -a3P) 279:00 • CAP �i �1� 68.0 En- ed P Q ZZ for e. h'' Fleiu vfd,o o t,�, .Vii" PARCEL I .YewpinorAveip�;r -S _ 7820 S.F fee '& 9O-.167ii fi vc, Tiga�{�'14GA7 5- ejd S60— fe " -row Alitouiv. 1z,4 Li lajq a Vat1AT ro0 71 steer) -1, AlI;6PTAZL C 'art k 4179. Bob eu 75313N. tandau St - Tigard. OR 97223 'DellQtel itaseilts' toted (ores 18.x,J0 IrdnRod P �arastti yr�o cap ��•�.�- .�th..1l4fc 'JCC4P IIb r. 'aa63 684 720`' CITY ` T' i rate REPORT /d /'r/,,v ACTIVITY TRANSMISSION OK TaNSACT I ON # 9960 CONNECT I ON TEL 6622451 CONNECT I ON ID 03 START TIME 03/15 09 :_06 USA;E TIME ' 61 PAGES 6 Sectioxrer: .150.010 3.8.150.20 .8.150.050 18 ;150.035 18.150.040 18.150.050 Ch Ater 18.150 TREE REMOVAL Purpose Permit Regu .€►ed�f Apr'.l cai t1tt,ir ,S1 , Criteria for issuance of, Permits Expiration of Approval 4 ? xtension of Time - tevocation Emergencies: Authcrit Application Suhm iss .on _R ►ui>° ements 18.150'.'010 °Fug . " The City of Tigard 1.11 now benef fitted by largYa nunbers of tr, es, both natural growth and those which, 'have bards planted throughout the years 'oy ' Tigard' s residents., Theme tarifa& wooded', ; trees add to the aesthetic beauty of the con 'entity, , ltelpr clean tilt: airy .nd provide' noise barriers. • The purpose of this ':11epter is to prohibit, the • unnec.ssaary resoval.. n he desalopmsnt of ofy� * w q q p � y L �p trees on u1?,deY/��.Cped lets,,. 1fi1 the �i►ity Prier i}. �r�i those lots. At the t%s of devae4opment it may be ueoessa ry �to' 'e certain treed t� accommodate s.ta ucturss, streets, utili i ., and other needed or raqui> ed improvements within the dtvelopeart." (Ord. 89 -06; Ord, s3 -52) 18.150.020 Pesttt Rewi ed /A P .cab,-t. This provision ,shall apply to all undeveloped land, and developed commercial and industrial laud. This provision excludes 1. Developed residential property; and Property registered with Washington, Coarn ty Small Woodlands -. Association and certified as a Prat Coast Tree Farm by the Industrial Forestry Association, and used for commercial log harvesting or Christmas trees, No person shall cut a tree(s) upon private or , publi:r property without first obta nin , a permit frost the City, except as Subsection B. For the purpose o! this chapter, tree removal shall not include tree topping said pruning sunder power and utility lutes, or prunir' of trees located With visual clearance areas as deft v,et in chapter 18.102. Red` sed,.02/27/89 Post-h4 brand fax transmittal memo 7671 !# or'R�+e ' Fr.:em To Ca. Dept. Fe d#. t/ Co. Phone f? 3 r..' ase For the purposo., of this chapter, t 'ee removal permits shall b requ red for ai.l trees having ; trunk ',',tilt- inches or more diameter, four feet above the gn°oU d level-. (Ord.. 89 -06 +fir $A -29, Ord. 83 -5 1) r' x'50.030 Criteria for issuance . of Permits The foli owing' criteria shall be used by: the Director or designee for the issuance or 'nonissuancs of a tree cutting permit. To Lissom a permtt, th►: criteria must be satisfied: 1 • The trees are diseased and thlsre is a danger the trees may fall ,Ott existing or proposed structures or interfere with utility services or traffic safety • There is a necessity to rerov + certain .re.";s in ` order to construct proposed improvements or to other wise utilize ` the applicant's property in a reasonable wanner; 3 • There not a need to retain the tre ts) due to the topography of the land because there will be no of fettt from the tree rtsr val on erosion, soil retention, Stability of earth, f low of wurf ace waters • e. There is net a need to retain the tree(S) to protect nearby. tr desirable between shade trees as wand4�resks , and a� z desirable :balance betwee and open space; visually 5 - The aest�n ttc. character in the area will trot b e : adversely affected by the tree reidovnl. , and, . The applicant s p repose:., if any, to plant new trees or ve etetion as a substitute for the treets)' to be cut, will restore the aesthetic value of the - removed trees. Ord. 89-06; Ot'd w 83 --52) Xl8 1 i�►�,Q35,,,_�x i °anon_ of a ;gi r ®� i4 fact nsi of ; Ta'L ae Revocation �• Approval of a Tree Removal Fermat by the Director shall be effective for a one - and- onewhnlf year period., The Director shall tenor, the permit for a maxtmUlft period Up ' to one year upon finding th t 1. A11 of the conditions of approval, have been Satisfied; 2 There has been no change in the orbs,' ' pp r +gin approved ` final a lzoat�� by the Director r 3. There have been no changes in "acts or applacabla elicies n the �. P .. on which the approval was bask; Revised 0212789 ?ef, 30 :t o event of emetr,i,-ency conditions requiring the imme4i4e cutting or removal of trees in order to avoid danger or hazard ti persons property.,' an emergency permit will be 1.ssuild, witho fee, by the Directott. During nonbusiness hours, 'utatergency permits sihait be issued by an on-duty Fligicer in the ipolisce department. (Ord. 894-.)6:,,, rd. 83-52) . „ 8.150.650 .41.1)vlicati,on Submissiot____L,Ltsrqtlis..etits , 1. Two copies of the necessary data or narrative; and 2. The rttquired fee. 0 necessary data or narrative shall include: • The specific location of the property by aedress attil assessor Imp number and tax /cot.; ' it • The Ttui6er, size speo;)les, and location of the trees to be cut; 3. The time and method of cutting or remote3-- and the reason for the tree moval; 4. Information concerning any propOsed landScaping or planting of new trees to replaco the cut trees; and 5. A narrative us to how the cri'tQria in Subsect4On 18.150.030.A are satisfied. C. The Director may waive ere' of the requirements in Sul,)Seot•int B above or request addi.tional itiformation in accordance with Section 18.32.080. (Ord. 89-06; ()rd. 83-52) Revised 02/27/89 1-- Permit No. CITY OF TIGARD - TREE MOUT, PERMIT A COPY 'OF THIS FORM MUST BR CLEARLY POSTED SITE OR IN THE POSSESSION OF THE PERSON REMOVING THE TREES DURING ALL TRH REMOVAL ACTIVITIES. 1.. GENERAL INFORMATION PROPERTY ADDRESS it LOCATION TAX MAP AND TAX LOT NO _�; ,..._.._... - PROPERTY 'OWNER-DEED HOLDER ..,,_......_ _.y..._ SIGNATURE ADDRESS PHONE CITY ZI? APPLICANT *� IGNATURV - -�--- �--- -- -- ADDRESS _..,.,.,. .- PHONE CITY ZIP j BUSINESS NAME --°- * when the owner and applicant are different people,_ the applicant must 1'�e the purchaser of record or a lessee in possession of written authorization from the owner or an agent of the owner with writters_ anthorization The owner (e) must nign this application in tk a space provided or submit a written authorizatien with this application. REASON (S) FOR TREE REMOVAL • RELATED LAND USE APPROVAL CASE NUMBER (if applicable) 4. Please attach a photocopy of a tax map or site plan adequately a c o this orm. P�l.ea� the A larger Bite elan may be submitted if nr cessar pr,poaed twee removal. The site plan shall shown 1) 'rhe location of the subject site 2) All proposed or existing structures 3) o streams, wetlandE3, etc .• above � loll easements, dedications, etr 4) All trees over six inches in caliper size, measured four feet ve 5) Basic gradei identification Of tree types. 5 Pleas detailing � plan for trees to Please attack a narrative det�tilin ..� tree... protection lane f� ' a►i.l., be preserved on site .ti Approved by Title _, Date Arbor et's Report Required; yes _,_ na► Conditions of Approval a trees.1 B ti velopment ,or the portion the' flood plain and W y 217 "shall have access th ' Avenue'' and sha l l be red from the traffic:' 21 a. for developmen f , on this for open ,,pace for food , plaits ' pdrtlon' ith, the afhpropriate managing agerey, in order th as 'practicable, f Ash Creek. Lion .study shall be Greenburg Road - Oak 217' intersection area by resultilig ".design plan ulation iii° this area 'lowing 'a jectives :. 1,. the County Plan, ''Oak Street ,west of shall - * ,used, for 'local irculation`" only, not for O s for commere,ial uses ed on 'both sides of , including Lincoln oin' gton Square and future establishments, v. y s: a;,nxlla `'-.®`1E ail Wilt; �.. J dered by the City of Street on the south, Hall ington Drive on the west, enders Home Community north, and the county . rtland on the eaat a is designated 'low R -5. USES 2 Parcels Whi ch include the (c'rested ,14i d along the east fork of Ash Creep. `couple HS` Development of ' structures and land divisions in . this special wooded . area shall be planned and reviewed under the Type I ^ review provisions of the Community Development Code. Because of the . importance of tree and other natural vegetation Ito the wildlife habitat and scenery aF the com- munity, development shall be designed to minimize the area disturbed. Development approval shall not permit removal of more than fifty percent of the mature standing trees (six inch diameter or greater) unless demonstrated that removal is necessary to permit development: of the site at the planned density. This demonstration shall be reviewed by the review authority to ensure that the applicant has used �,he flexibility provided in Planned Development provisions of the Code to minimize removal. Development, design and clearing for structures shall provide for maximum retention of larger trees. No additional street crossings of the stream, except, for SW 74th Avenue, shall be permitted within this Area of Special Concern. Since the portion of this site east of SW 74th Avenue is . +1�ithin a park - deficient area, public glen space use of the part along the creek, shall be considered during the 'development review process, in coordination with the appropriate park /open'spece managing agency. A number of vaooded lots smeh of Ventura Avenue are designated Area o'f Special Concern 11. Development Of 'structures and land divisions within this Area shall be planned and reviewed under the Type III review provisions of the Community Development Code. Because of the importance of trees zA;d other natural vegetation to the wildlife habitat and scenery of the community, development shall be designed to minimize the area disturbed. Development approval shall not permit removal of more than fifty pencent of the mature standing trees (six int.nn diameter or greater) unless demonstrated that removii is necessary te* lieerrteit development of the site at the planned density. This demonstration shall be reviewed by the review authority to ensure that the - applicant has used the flexibility provided in Planned Development provisions of the Code to minr,nize removal. Development design and clearing for structures shall provide. 'for maximum retention of larger trees. Site plans shall shore the location Co. a y. special:' area shall be plan!' revie•.Med under the 'Type III : review provisions of the Corewnunity, "Development '' Code. Such -development .shall account for adequate acces Ito all. portions of this property' and shall not result in an, overload . of local !.;residential streets. 2 Several ''parcels north of Pfaffle and ablest of SW 83rd Avenue make up Area of Concern 15. Development of st ructut; es and land divisions within this Area shall be planned and reviewed under . the Type Iii review provisions of the Community Dveloment Code. , Because of the importance of trees and other natural vegetation to the wildlife habitat and scenery of the community, development shall be 'designed to minimize the 'area disturbed. Development approval shall not . permit removal of more than fifty percent of the mature standing trees (six inch diameter or greater) unless demonstrated that removal is necessary to permit development of the site at the planned density. This demonstration shad reviewed by the' review authority to ensure that the applicant has used the flexibility provided in Planned Development provisions of the Code to minimize removal. Development design and clearing for structures shall provide for maximum retention of larger trees. The access and circulation system shall provide for no crossings of the stream. Since the site is on'the fringe of a park- deficient area, the development proposal shall include a onst4eration of dedicated public open space, coordinated with the appropriate park/aim.: space managing agency.o .r { CAT'S! OF TIGAB1 Washington Couaaty,f Oregon RaXICL Or MGM ow= DSR .. $T PIALIWEtrsii COHHISSIGE concerning Case Nu berg (s) s T ,P 9G -001 MiS MUSS 1® • Mama of Owners Bob Nurness Name of Applicant: Same • Address X531_ sS„ W Landau scree __,_,.. City f us , ....,. State c R zip �x3 • Address of Property: _25 1 SW ;hand uS :r ....°. . Tax Map and Lot No(s)•: 1 25�D tax dote 4104 & 4103 • Request: A r r uc ` 1' t i, net Halt a . + ro al to dd a i , i uar„e�,, set t . ,Hatch : ei ie of to c lot 4103 (rose south* side of tax lot • 4104: Also ..-. r ®QLZ9eted j a Mi no 4: Party i ap ` tcyvatl to +d .v idol a Lavin atimateLyt 3 acre to into j wil], cantaim! auprorimately 7 & 0 equar L, � feet, each and t bird a� c .. will contain approx3,�,rat 61. acres. BONE: R • r..te sli.dent es�, LLA fi t a acrel; • to tel 6 ,, Action: Approval as requested Approval with conditions Denial Notices. Notice was published in the newspaper, posted at City Nail, and mailed to: The Owners o €� ~record dw3 owner(s) to th req�uired d PP \ gi ®tsace The affected Neighborhood P1ani;ing Organization Affected governmental agencies 8 • rinal Decisions_. THE DECISION SHALL BE FINAL ON OCTOBER 16 :: 1990x_ VIILMSS AA APPEAL IS FILED. The adopted findings of tact, - decision, and statement of condition's* can a 1 be obtained from the Planning DepartmeAt, Tigard City Hall, 13 Hall, „P.O. ' 3o^^ 23397, Tigard, Oregon 97223. n in accordance 9. A2 peal: s ' Any party to the decision may appeal this decision with 16.32.290(B) and Section 18.32.370 which prod des that a written appeal � City days 4 9 acco� an�a.�.d b The submitted, on City forms and must , . PPe �� p a ai. may be �, ven and gent. y the 1 .a be filed within 10 da► s after notice is appeal fee ($315 ) transcript aries up to a maxi mum of appeal . $500.0;@ a 00 and tr�anscri � costs, v The deadline for filing of an appeal in 3 :30 _p.n. 10 uestions f you haae ank q1 estion.e Planning Departm3nt, 39 4173. I 4EEr 1.990 please call the of Tigard i�' • CITY OF T.'IGARD4 PL} NNING MIS;BION FINAL ' ORDER NO. 9O -2 1 . 'PC A FINAL ORDER INCLUDING FINDINGS AND CONCLUSION 'N/ APPROVNS. AN APPLICATION FORA NAJOr L ND ° PARTITION (MLP '90- 01'115) AND LD� N t°` <'LIN> AD !USTSBNT (NIS 90-0010) RRQUNST]IId BY SOS .SURNSSS. The Tigard Planning Commission hal ,.evi.ewet the above application at a public hearing on ' Septe nber 18, 1990. l'ar■ C'. iaeion' has ' bases!, its c1 ision on the facts, findings, and conclusions lit0,17.51d below. . FACTS' 1. (Numgc •Na j,or Land Partitions. MLP 90- 0015 /Lot Line Ad juatatent, NXS- 90 -0010 I sot NST: A regvaet for approval to allow a lot line adjustment between tax /0'4 4103 and 4104 ( see Exhibit At which will result in a 1150 , square foot increase in the Mize of tat lot 4103. Aleo- requested is minor land partition ap Oval to allow the remainder of tax lot 4104 to be divided into three parcels. w Two •parcel® will contain approximately 7820 square afeat each ' Ind the third will contain approximately 261 acres. COMPRBBENSIVS PLAN DFSI*NATION: Low density residential T ZONING: A- �a4.5 (Residential, 4.5 units /acre) OWKIC /APPLICANT: B -h Rurneaa 7531 Sw Landau Stre%lt T lard, OR 722? a' LOCATION: 7531 SW Landau Street (VICTIM 1ST 25CD Tax Lots 4103 and 4104.) Background Information The sub j ei ?t parcels were annexed to tbe City of Tigard through the Metzger annexation in November, 1987 (ZCA 67u.05.) . A lot t Me z '� g line ad*Ost ent for adjacent tax lots was ,apProv in J'anuaty, 1989. ; ii or land partition and lot line adjustment (ALP' 89 -20/k 89 -27) a r prbved, in January, 1990 created 3 parcels from adjacent tax lot 4100. On Ma 11, 1990 the Director's de#igi se PProv�ed an applics.'tion for y n Partition and . j_ ��,;� 90,- 0005 /NIS 90 a minor land artitic�n ah lot line awd +��tn�en rt. '^ AL t)EtTiSR 90-23 PC MAP 9 90-10 - ,a. 0010. Th a' de aieiron wae appealed to th+e planning commiee►ion overtut;ned the decision . and ,upheld the the ' .subject p %e i. ®' lecetod ' in the Metzger -Prt Plan A::•se= of Special Concern f 10 (ASC #iii) ,deter Mined ;that 'not enough inforM t %n .Was divided 1110 end that futurae' applications .'fez, devrelopa erit, ,0 should be considered at e;. public! hear g.+ Comoaisson:. TI appeal beast* Communi ooncernin d f this property' ream' The c�ana�issia TAteigifotNeat on North of ' the subject 1 parcels the properties are zoned R -4.5. Properties adjacent to the, subject parcel to the south, east,. and west are located in Washington County and zoned A -5 . for single ro the west properties also zoned family �c��. ®iah3nce�s. Further to R-4.5. A single" family dwelling is located on ta'51. lot 4103. mhrprbiori # ' '_ ` id n 140114p,,,,40- � <�� 1 11� /`Y"� .!' 2 o ,.t a ksicd d.o rhecr.rar'A r l. sr,�n.al,ns (6 and 10 inches in diameter) 25, , trees 4(3 *o 4 , inahes° in .. .fir t. diameter) , 3 fir trle (6 ,inches in diameter) , orttnent of � anlC �. µL, � 4 �� wC mature orchard fruit tress. ��n�;�o�.:.:;r� �`��''..;. •,�,r...�!"��4� A«,s.�! „J, ioOAe tIte.t The applicants own about 7 acres in this area including uaz'e sub jest parcels. All of tax lot 4104 is located in ABC s10. The northern ` - 1y ,. of located in Ana X10. glee fa�mi dwelling. Tax ]lot 4103 is n ate mangle-family d portion of this lot is wooded and contains a lac g The applicant proposes to move the common lot line between tax lots 4103 and 4104 (see eziabit A) 10 feet to the north resulting in an i3'lCreBla© in the! size cif tax lot 4103 from 8,165 tO 5,315 square feet. The rexnainclO= of tax lot 414 is then to be partitioned into three parcels; -2 cone igni tg 7,820 square feet and 1 containing 2 n acres. The 2 ' ale cluntaining 7,620 square feat arc located just north of tax lot 4104 tees Ishibit 9). Accems to the parcels is to be rc v« , 4, by an access easema. rti 'dated on tax lot proposed F' q. , rp�, �� w , -� 4104. AOefc1L;,,comMente The Engineerinq Division has the following coumentes AcCeaa is pro`vided by s•1170 xandeu Street, a City local 'etteet with an existing 60 foot w4de right -of -way`. ImProvemanta, are limited to a i row, well- rladed gravel; road. Interim' t t FINAL ORDER 90-23 PC ELI' 9�.� -15 �1B SC.�0 B JBN SS PAGE R 2 CC • imFroveinente should be installed within sti Landau .. Street from the proposed street within. the subdivision west to s. '. ; 77th Avenue. The proposed street will provide,.acceos to 7 'tots, and could ecc-ve addi'ioaal. lots f�Allowing further partttioning. ,Code seotjois 18.100.070.A requires that streets earring more than six r�sldencee be Public two -thirds street improvements should be installed along the western 'edge of the site. The street improwe_..Aant could be completed' upon developaent' of the parcel to the wust• Code Section 18.108.070.C(2) allows a hammerhead-configured terminus with a paved surface with each leg :.oil 'the hammerhead' having a minimum depth of 40 feet and 'a minimum width of 20 feet. The site drains north towards the south tributary of Ash Creek. Sanitary sewer service is provided by aa existing line along the back of the proPosed late. No additional extension of the line' is required. The Unified sewerage District has established and the City has agreed to enforce, in Resolution No..- 90 -43, Surface hater management Regulations requiring the construction of on elite water quality facilities or the payment of fees in lieu of construction of these facilities. Requiring surface water quality facilities` on small sites would result in numerous facilities that would become a maintenance burden to the City. Furthrirmore, the applicant has not proposed any such facilities and there are no 'natural dep :ensigns or other areas of this site that are Particularly euiabals for water quality facilities. Regional facilities, funded bra• fees in lieu - of construction of these facilities, would providto the required treatment with improved reliability and less maintenance. Consequently, a fee in lieu of the construction of on -site water quality facilities should be assessed. The Building Division requests that a drawing showing the existing underground utilities fog. 1olr`. 4104 be submitted, If . utilities (including P cabin ; ✓ lines, and rain drains) cross new sewer, line, etheyo shall be provided with easements. Tha Fired District notes that 1) a turnaround conforming to the rcequiremev be of the Uniform Fire Code must be installed at the end of Landau "✓dace, 2) fire hydrants duce regdired within 500 feet of e). all portions of buildings (measured around the outside). ay NPO #8 notes that e3ide yard ' setback regnireMentd should' � addressed. S p ee6ed for 3-S residences and sin+�,e tk,eet pavement is n FxNAL ORDER 90-23 PC MLP 90 -15/ IS 90 -10 BURNESS PACE 3 7 LEGIBILITY STRI r • 4 lots are being served the . access should be 30 feet wide. wfth n 2 feet t wt.,le pa ved area. 0 Th w eY intea to k ow which part of Landau 3,e . in the jurisdiction' of the �`o►unty, . which of the City and wire eencerr ed abteit adequate fire, protection. r .. 114 has no ob j eatio its to the lot lime ad jsatment,' however, they isave expressed the following concern® with respect to the minor land partitions We believe this ' proposal conflicts With the Metzger- Progress Cc munity Plan and the +City of Tigard Comprehensive Plan. Under the General Design Elements Of CPO *4 Metzger'e community Plan Overview, the development on the two 7,820 Square foot lots will violate Point 5, which pp-,h tit filling of a floodplain which results in a net decrease in water holding capacity. These proposed lots are directly above .the final watershed 'approach to Ash Creek, and have water present on the surface fee, several - months per year Development, of this., land wiU violate the Tigard Comprehensive Plan which states the City shall not. allow development in areas having, a high seasonal watae table within, 0..24" of the surface for 3 or Mores mks of the year. (page 11 12, policy 3.1.1.a). It should. be noted trait 2I of the 4 lots to the south (uphill) of the proposed new lots are undergoing single- family home development, with tax VA 4103 already developed, making all ' ts' 4d' Ash Creek the land uphill from these pira�►;io�`�e3 to axe developed. The impervious (that �oofse �aon �i.os will add to pQ pe er absorbing) the , .homes (,driveway , , patios) ) surfaces ®f thee® the amount of water this land will be expected d; to hold and retain. Thin additional burden will likely result in erosion, earth slides and weakening oundation soile slumping, � cti�� ®lwmp in of without the conetru of dignificent. drainage engineering, which would further detract from the naturnnatural Oharacterietica ,.. of Ash Creek. CS 'Feet notes twat be notified 'a minimum of 45 days before pe . require . to provide trench developing and t�:,;� developer wild. be d down to Landau Street. Pte, School. b.Latrict 23J, and Northwest NTatural Gas have. raekvi+ d the proposal and have no "objections to it. CAI/tents were received at the public heari tg from nearby owners as reflected ie the minutes. FINAL 0R0EE 90 -23 PC - MhP 90-IS/14x3 '90 -10 111,1RNIgss 4 ■b+ prc►Pea 1I tut q . FINDDINGS AND CO 4CLUSIONS' Applicable criteria for review Of U1P 90 -0015 /MIS 90 -0010 include comprehensive Plan policies 2.1.1, 3.1.1, 3.2.1,' 3.2.2, 9.4.1, 3.4.2, 1 , 18.108, 7.1.2, and. 8.1 .1 and unity Development Code Chapters 18 4, 50 18.150, and 18.162. Policy 2.1,,1 (Citizen Involvoment) is because notice was sent to grope . CPO #4. A p he nr® is within bet �g 5head to provide these property► owners and per " he ,.�erplication. other inter�e�et�3gParties an o � tunic to comment t � on Policy 3.1.1 (I'hysicel Limitations and Natural Hazards) will be satisfied because prior to the ie ®wastes of building permits for either of the proposed 7,820 square foot lots a soils report mutat be submitted to the Building Division. if potential hazards are identified the Division will require that measures be takev to offset the soil. constraints. Thee measures may include special deeivn or construction features such as construction of .a drainage foundation or the use Of Pilings PPo g ( ) t ��.a applicant mill be require�dtto st �,Mov an on-site drainage facility. P CPO 14 has expztessed a concern that need►• to be addres *ed hare. The CPO contends that the proposal is in violation �f Comprehensive Plan Polir.-y 3.1.1.a. and that - policy a►.1.1. a reads ", ' ...the City shall not allow development in areas having a high seasonal water table within 0- 24" of the surface for 3 or more weeks of the year.. r ,. K Policy 3.1.1 and 3.2.1.a reads as follows: The City shall not allow developm t in areas havinq the following development limitations p be shown that established and Proven engineering techniques s related to a specific site plan will m 'ik'a the area suitable for the ro sed development: P Po e, areas having a high eeaeoY tl water table within 0 -24 inckee of the surface for three or more;' weeks Of the year; Clearly, it is not the intent of the above policy to stop devea ,op. z but to insure that potential hazards are identified and special k ei4,ign considerations 4nc conetruetion measures are taken to offset 06il„ and geologic constraints. A site by e ineerin and planning staff did not reveal the presence of water oil the site in the A a ` e� n p vicinity of the 2 Proloofied 7f620 square fflot lots. The Commission and staff recognize that water letiy. be present eeaes:►nally and therefore, prior to ieeuance o£ building permits,, a survey be taken to determine the geologic dad 80L ,conditions on thee►. 2 lots. If determined to be necessary, the applicant: for 'a building FINAL ORDER 90 -23 PC - MLP 90-15/MIS 90 -10 BORNRBs �+, PAc� 5: r. J Permit will be required to provide deeian and constr iation features to offset the constraints. Policies ]. and 3.2.2 (Floodplains and Wetlands), are satisfied because n1,0 tilling appears to be necessary to accomplish' the proposed development. CPO ,�r ... :w the pro9oeal violates point a of tile' Metzger- �4 also bek..ee t �; Progress Community Pan Ovetvie ".-.which prohibits filling of a floodplain which results in a net decrease .1n water hole, ing capacity...." Again, no filling appears to be necessary. The Ma. zger- Progress Community Plan identifies the site as an Area of Special, concern (ABC *10). However, physical boundaries yre zot defined for s.. gnificant natural feat *.:ces such as floodplaina. Instead all properties that touch or are adjacent to a physical feature considered to be significant (such as a creek cir river) are considered in their entirety to be part, of an area of ®-vr-o°j11 concern (see Zzhibite H and D). The City does not bevy* f loodpla m information for the Metzger area. olio ie�s 3.4.1 and 3.4.2" (Nei, aural Areas) rre satiafiti because tlxe proposed partition and lot line adjustment is occurring o, a portion of the parcel, that has been identified by an offic.al from the Department of Fish and Wildlife se nO t a significant !=t4bitat for wildlife. Ihs northern portion of the' Ate, has been identified as a significant habitat for wildlife by the state at/4 a survey conducted by Sni Atific Resources, inc. Policy 7.1.2 a Public ., aci% Services) will be satisfied as p hies .and. Be indicated by comments from reviewing agencies, none of whom identified any service r4eficie.ecies. Policy 7.2.1 (Storm Drainage) will be satisfied because the provision of an on -site drainage ;facility will be required as a con4ition of approval. Policy 8.1.1 (Traffic Wags) is satisfied becau& the de *:.alopmont abuts a Y p will b-e required to Provide _ a public street cone dedicated to City standards wit�lin the development, and P ' interim improvements to SS 74th Avenue will ,:be required as a condition of approval. Ch apter 18.50 (R-4.5 Bi Family e t ie eat�iied because the 2 proposed _, ®20 square foot excaed the 11, 500 square foot minimum lot size: requirement. irement. The mat ortheriy 7,820 equn a foot lot is gal ray shaped but Satisfies the average oinimum both lot width requirement o,t' 5�! feet. The average width for w approximately 6S feet. Dwellings construtIted on these lots WLi1 be to meet the set :ic,ak requirements of the zone,, they arse: 20 feet for the front, t,,k, f44et for the rear and 5 feet for the aide yards. FINAL Oda c rr a 6i ORDER fro -;� ;,� ;�C - e�T�.: ��t5,%Mi8 ..a -xp 83s PAID$ • .4 1' m,4 Chapter. 18.108 (Access, Bgreae,, and Circulation); will be satisfied because the applicant i required '' to dedicate right -of -way tnd provide two -thfa dz <� d tionl tlae, a licant internal ,roadway as a ps -'. to the in condition ca,�, a lirovrak� in adr�.':�. pp will be required to show proof that an adequate turnaround for emergency v ebsioles is • ' the prop prov.ded at the terminus of thosed access. Chapter 16450 150 (Tree Remova,7) ie satisfied be0aaxee the 'applic itni will be required to obtain a tr . removal Permit ,from the Plaguing ri ision ,prior to the removal of any trees. Aa noted in' the background information, than pr'iwioua request fo.: a minor land partition was appealed to the PlannPlanning ` Caxuraais ®ion. The appeal wa'k uph+1d on the grounds that the application ehou;,d have been reviewed at a public hearing and that not enough infarmati en► a wag a available' concerning ASC *10. It should be noted here tha'tt,, a t' of the concern® expressed by neighbors about ''teas remov 1 aeaociated with a previously approved minor land partition (A .P 99 -20 /IX 89 -27) not lo►:ated, in A8C 4110,' Washington county was contacted in early tugnet, 1988 to determine what steps should be taken to prot®`;Ct- ' the asethetic and wildlife value of the area.' ' NO clear method for gretQetin;j the area was recommended. However, . we were advisod that ;an aeazy9ie of the effect of thy: proposed tree cukting on wildlife would be, appropriate, On August 18, 1988 a wildlife biologist from the Stag Department at i Fieh and wildlife and Planning Division staff inepecte 1 the prorty. T b � A'g4 ;At ; G °flt` fi'lA tt11* '" -. + t� 0-. r V, Otoraf � ,.1 r! y Fr a� :' ir► ASC #19) requires that arcOle located within its boundaries d` � p - -a�, be reve�te 1 -- g, addittonai� etreeta Crone Aer CreE,«k, and at a Public hoer, in that no that "development approval shall not rt :removal of More ti' n 50 percent of the matue et ..:ing trees (six inches in diameter oar great) unless demonstrated that removal is ncecessary to permit deve1 oparent Of ' the site at, the planner . density." The Commission does not interpret the development but to review develop procea a and to minimize the removal of or greater. Aa no. red ,o�rli�er,,,,�he kr `1 "' "hux . "pW.1G�r•mr..m:; xM: li+c. tinA r.,a 9.c.a i ;tent of this provir ton to atop ,,anent through the public hearinV trees with a ; dia dater of inches her -or *fiX010644104finit* y The portion of the parcel currently proposed to be developed wit h 2 neW homesites contains an assortment of orchard . fru■i t `een all of whiteh have diameters of 6 inches or greater (see Exhibit 8) . lo F of the fruit trees are located within the build a /trim of theNP, te. The remaining fir trees iwre smaller in duals, er thaw 6. niche a aaid do not require approval prior to their removal. However, the applicant should be encouraged to pre arve as many of these $ ees as ;pofeib e, treed. remo permit be obtained from, the, Division feat in y qg :prior to removal of any trees with a diameter of �'� inch. Or greater at 4 height, FINAL 0RDE;1 91m-211 PC - NLP 90.,' 5/ :s 9th -1� BrIANENS PAGB 7 - ¢¢ k1Y Ot�+r fd411i�41.. A ML ! Chapter 18. 162 ('•and Divisions Partitions and Lot Line Adjustments) Section 1r;. ,16?:060 (Lot Line Ad justmentE s Approval Standards) of the Community Dev €taypment Code contains the standards of approval,' for a lot . line ad juetment f theey are as follows= the lot line adjustment, and ]:,► An additional '�,�t �.s not created by �l reduced '' bid the ad just a to is not the existing >r,��a ®i educed �n size reduced shed by thr approved cep �,►eiow the minimum lot seize ' ests��bli zoning for that di strict. � . ay reducing ng the lot esize: size: ssize: the _ lot or structure(S) on the lot will , not be in g district n zon v►i ©;iatiori of the site dlwel ent or ia� dint regulations for that distri ct. Lot line adjustment XIS 90 -0010 satisfies the above criteria. No a,dditiona. created bi the lot line adjustment. The '�.o� iss being • c :rasa:: applicant is, . also - a.f ' .4ti' for a minor land partition as diecussseed below. Tax lot '4103 is increased in sire Irom 8,165 to 9315" square feet, thus exceeding the 7,500 square foot minimum lot size of the R..4.5 zoning district. No structures or loto will be in violation of the site tdovelepment et zoning district Ivegulatione as a result of the lot line adjustment. The proposal must also meet the minor land partition criteria of 1 Section 18.162.040 (Partition Approval ira) . Thoy ' ho eta dsss foil awms proposal s,~:onferme with tbn City's comprehe1 sive pica; 1. Tie - The proposed partition complies with all statutory and ordinance requirements and raT!l sti onss; qu p,, proposal; Adequate ,.,�a.ic facilities are available to serve the All proposed ..ots conform to the size and dimensional requuiresext s of this title; and e All propca eed improvements meet City and applicable agerc3t itandardxs "" eviae proposal . , �4 Sane ehensshe 3 e or �4�i� � d propose n ce��wiith ththe PPlic ablS Com r ive Plan p^ i ciea � confa►r><rias:n .�'�� the Commission also oft comments received frca the various agencies, ,�r _seal com lien with statutory a� nbl cdncluti es the ' � � adequate F are ra3 �.re.►�entr� and rec,�ula•4�.o,�sal and conform � The proposed size and dimensional �ireme a e. All improvements wil rt -City and available. ;Ci �eqn xesssue » «} s of the .Cod F applicable agency standards. PENAL ORDER 0 -23 PC r4LP 3g- 18/�x5 80-1� BUR NESS PAGE 6 ll if • 4 • ;- co 'U .�i C. RECOMMENDATION The planning commission approves Major Lana Partition and Lot Line, .; gil juste nt 16P 90- 0015/m1s 90 -0010 subject to th* ' following ccuadi. • M WITH WASHINGTON COUNTY, C0NDITIONS 1 5 SHALL BE MET PRIOR . TO RECORDING NbITIOIo 6 - 10 SHALL BE MET, PRIOR TC) OETAIN!I+ G. A ;BUILDING PERM/T,. AND CONDITIONS t4 SRAM BE MET PRIOR TO OBTAINING OCCUPANis P YTSt.. ition survey plat and ; an outhand 1. .: �2i lot i.in�ti ,e�d,�justoent and. part before description i,tall be 'eub'flitted to the i ngineering Department recording. The plat shall clearly', show any public utility or sewer easements. STAFF CO ii TACT: John , Hagman, Engineering; Department (639 -4171) TWo . (2) sets of detailed public improvement pans and profile • re�siew to construction drawotngs shall be submitted for pre ??imin Seven (7) sets the Engineering �: "a�s�;: � s of approved drawings at. and one (1) its iced construction : �� by a �a cost estimate, all pre Professional Engineer, shall be submitted for f ,nal review and approval „.(NOTE.. pa;anm.aro in Ate it o ,,to. any :drawings dir40 Division only ° sheets � John rec;uired by the Buil n�Le�ion and should l include Hagman, relevant to public imptowc rate. STAFF Engineering Department (639 -4171) • Building pe ' - ►,� l not be issued and construction of proposed Cm.rt.. _�.�..y, public improvementgd.silail not commence until after the Engineering Department has reviewed and approved the public improvement plane court ,� :icon compliance agreement and a street opening permit or • A 100 percent Performance assurance or letter has been. ��cecuted. of couwaitment, a developer- engineer agreement, the payment of a installation/ streetlight fee, and a fee in liviu Permit tea, a sign of tyre construction of on- -site water quality facilities are Engineering Department required. STAFF CONTACT: John 'i�.c�man, (639 - 4191)• the applicant, right to oprovi* An agreement shall be executed by � on forms Pr sR or by the City, which waives the property owner g►. r remonstrate against a Local r nt District formed to ie ove S . W Landau Street STAFF CONTACT- John Hagman, Engineering Department (639-.4171). - - with a mii :tmum widt . ' 35 feet shall be r. A street right of right--lay the entire length of the internal dedicated to the public along t Y instructions are street. The dedication shall on fit. ...forms and �, available from the Engineering Division. STAFF CONTAC."T: , ohn Ha gm an, Engineering D p artment 639 - 4171) • Storm dre,i sage details shall be provided an part of t;'u:,e public rovemer.t o the storm �- . calculations anri.a ioptagr supplement ta► ` th .,e basin shall d as a pp the public Plans. drainage ha�a be pr�.vide FINAL ORDER 90 -^a PC - MLP 90- 15/MIS 90 -10 BURNESA EASE 9 0. .. 4 A. 0 'L 01: w Ze improvement plans. ealculat', .oz is shall be baser. on full develo nl of 'than. serviceable- .area. sun ' t E Tat".Ta' �;� °greg ',parry, Engineerin+ Department (9- X4171), .The applicant shall demonittrfte hat' stoma drainage .runoif can be "discharged into the - driiiina9Wa3r1 without eignificantiy hating'. "properties downetneaea. STl PY ,DOSTACTs 'Greg' Berry, aw;a Engineering Department (6344271). An erosion Control plan shall 1b0. provided as pL' of the public rovement' drawings. The p * shall Conform rt-,o ,krosi on Control Plans - Technical .;Cu dance Handbook,' November " 19B*10 ". ° STAFF' CNTACT: Greg Berry, Engineering Department (639-41171).. A, tree removal permit shah:. obtained '" vior to the removal of any treed with a diameter of 6 ina as or greater- at 4 feet in h ei jht. The plan: submitted' to obtain " this permit shall show which trees are to be removed and shall show the ' rneaaU es thiiat. will. be taken to protect the remaining trees. STIFF CONTACT: V'i Goodwin, :Planning Division (639-4171). IA. • 3n addition* { ition� to, � �th® storm . drainage details required &� the Engineering Department, the applicant " shall alit a soils report for at least the 2 7,820 square fool: iotte. STAPP ThcT Bra,d Roast, Building Dive.lion (639 - 4171) . 11. Two-thirds street improvements, including, traffic control devic s, mailbox' clusters, concrete sidewalks,, driveway aprons, curbs, a 24 foot wide asphaltic cone ®te px`vement, storm" drainage, t r - installed the r ithin 9 Underground 9 streetlights, and unsassr round u..�x,lit,tr�e► shall be in etal:g the partition. one foot wide reserve etri aloe e p opert? line shall be prvided Improvements shall ' be designed and w� constructed to local street standards A ig i e o ' '� IpterminnXit Trees near., preserved when by t3ait� improvement shall roe. d Engineering b the Dig. i nk: ben rtrent. f swum g�. NTAcT: Gary Alf ®on, Engineering Department pe (639 - 4171). is including a double, bits .noun chip 12. Interim. street mprova.�°aen set withiaret$ ght=�of -Way areal 24 feet in width, :hail be � installed within of S.W. '�anda'u Street from the proposed street e' partition west to S.W. riTth Avenue. STAFF" CONTACT: Gary A febn, gngin ►ering Dept. (639-41/1). 13 . Driveway cuts shall not be permitted withi�a thirty feet o� intersecting' right-of-way 1iz.an nor within five feet of bperty lines. STA +'F CONTACT: John Hagman, Engineering Department (.539 4171). FINAL cOIWER 90-13 PC -- i P 90- 15/HIS 90-10 B liN$SS 6 1 • treet centerline morriimf)atatic)11[:1111a1 provided as f011::xalk: In - accordance with Oregon Revi sed *: i, :, , - , Statute A 9, ::, subsection the' centerline 11 strti d, 1:27lgtt1,7:blj,3emonumelte4 Petre c . accepts a street irairav m ent. The following cenetel.ia) iftoritiMiirttlistiaii,be ' sets Al 1 cerl,t.riiri , .r.:*-neLateretacti‘il, points. B) ' AJA.1 cul-de-sac Cerrter''Pci11 tOi, C) Cur tie points,' im ginning , and ending' points (PC s, and Monti:nut Boxer), te4iaired , Monument,. boxes conforming, to City standards , will be revised around all* centerline intersection Oiitt& arid. cul-de-sac center points. The tops of etil monument boxer shall be set to' pavement grak*. STAFF CONTACT: John Hagman', Engineeioing , Department (8)9-4171). , 4" THIS APPROVAL SHALL BE VALID IF EXERCISED WiTHIN 18 MONTHS OF T:HE raNm. APPROVAL DATE. It is further ordered that the applicant be notified, of the 'anti, of thilf■.V1 order. 3 'el PASSED: This day of October, 1990, by the Planning COrami.ssion of the' city of Tigard. A. Dernet lct Moen • Prectidt Tignied Plitt laing Cbromiasion FINAL ORDER 90-.23 PC - MLP 90-15/MIS 90-10 EMBOSS a. [Page Too Large for OCR Processing] at CITY ? OF T/GARO Waahinyton County, Oregon NIA OF FINAL ORDER PLANNING CORNIsRIOR . , Concerning Case Number (e) :., MLk ?L „ 9 010 Name of Owner: Lob Burnesa Name of Applicant: Sande y_ . l,ddresa 7631 SW Landau Street _ City Tigard _ State zip 97223 • Address of Property: ,„2531 SW Landau Street Tax Map and Lot No(®).: 151 P5CD tax lots 4104 & 4103 vorwraromosno . Request: e . add aiavroximatelt 1150 amnaare feet to,_ th a north naide orx ©lot 4103 fry tie south de of tax lot 4104. Also ,:recauosted is-Minor . Land Partition approval to divide an a roximatr 3 acre site ;into 3 Earcels,N Twa _ tparcels will contain aooro: imatebv ?.32,0 square feet each and the third parcel will contain appEggimatey 2.61 acres. ZONE: R-.4 .S Res (idential. 43 un_i.te / acre) ▪ Ac x Approval as requested Approval with conditions, Deniel . �..___ published ..-paper, posted at City Hall, and Notice: Notice vrao bli ®bed. in the ne -,a mailed to _ix The applicant and owner (s ) X Owners of record within the required 'distance affected Neighborhood P lannin g organisation X , Affected governmental agencies 8. Final _ De.''ision THE DECISION SNAt DR VIRAL 0/1 OCTOBER 16 1990, UNLEss AN APPE A]. IS FILED. The adopted findings of fact, decision, and statement of conditi'one can be obtained from the Planning. Department, Tigard City' Ball, X3125 SW'. Hall, g 9 P.O. Box 233 �� Ti.. a�rdr Oregon 97223. . Appeal: Any party to the decision may appeal this 'decision in accoi dance. . (B) and Section 18 32.370 which provides that written 1i1.3� .290 - ,. watch appeal nay be filed within ` 10 deice , after notice is given and ,sent,. This pie y O aribm` d on Cit `forma and' gustx be a trapa 3b e appeal may 1�., itte 7' b appeal fee (�� 1 5.00) and transcript costs, (varies P coin an u�ra 'of $500.00). This deadline for filing of aia appeal is 3 :3C .in- ft lli r 10. Oue ®tions: x f you have anv gveations, plead t Plannin g Dee artnent 1639. 4171. ... r► � • CITY of TIGARD *AWNING C0M +iISSIG FINAL ORDER ' NA. '90 -23 ' PC AL ORDFR INCLUDING FINDINGS AND lC,+DNCLUSSANS WHICH' ,APPROVES APPLIC, � ?I N A FINAL POR A MAJOR LAND PART/TION (MLP 90 -001 5) A LOT LINE ADJUSTMPNT (I►3IS 90-0010). REQUESTED BY BOB DIMNESS. The Tigard Panning ComaminaiOn has r&v iewed the above aPPlicatioa at a public hearing , on' sePtember 1S, 1990, The Commission has based its decision on the 'facto, findings, and .conclusions noted below. PMTS . General Infoannation CASE: Major Land , Partition NLP 90- 0015 /Lot Lino Ad j:ustcaent., r I8' :80-007.0 REQUEST: A rG ueat for approval to allow a lot line adjustment ?betaspan tax lot 4103 and 4104 (fine Exhibit ';) which'- will result in a 1150 square foot increaaa in the ®ee of tax lot 41L3. Also requested is minor land partition approval to alloW the remainder of tax lot 4104 to be divided Into 'throe parcels. Two parcels will contain aPProximatelyt 7,820 square feet each and the third will contain approximately 2.81 acres. COMPREHENSIVE PLAN DESIGNATION: Low denaitY reeieentLal ZONING: R -4.5 (Reloidential, 4.5 units/acre) OWNER /APPLIC3NT : Survcaen 153, 861) Landau Street ¶Ltga ,c �} oR 97223 LOCATI0" ; 7531 SW Landau Street ({W.. 181 25CD Tax Lots 4103 and 4104) sacks c',•nd Information The The eu r ject parcels were annexed to the City of Tigard through the Northe, at Menges annexation in Noveiher, 1987 (8CA 07-05) . A lot line 4djuetznent for adjacent :ax lots was approved in Januarys, and ai.tition and lot lie adjuatr�ent (MLP 89-20/M 85-27) approved p 1989. rAminor land pin Janus ry► , 1990 created 3 Varcels from ;adiacezat tax lot 4100. On Say 11, 1990 the Director's designee approved an appiication fn a minor land partition and lot `line ad juetment, IiLP 90- 0005 /MIN ,S0- FINAL ORDER 90 -22 PC - NIP 90 -ib /MIS 96-14 8111111E$1 ,PACE • r^ '1- CO 0010. This decision was appealed to the planning Commission. The Comaiaission overturned the itemision and upheld, the °, e appeal. auta the subject parcel is iocaed in the :MetzgerProg Plan cial Concern #100 CASC 110)'. The Coiam,iseion laan Area of � Spe - determined that not enough information wee provided concerning SC eor, Opment of th c� p � titans for dei�ea. #10 .and that future appl,.ca ehotld be considered at a Public hearing. I' V3�c.nity =no on _. the subject percale the properties are zoned R--4 � �Nortc.� , of j arceb. to the ��aota, east, Properties nd j acent to the aia%►'�r' y .P west are located in Wash • n County and toned R -5- for . single pe .. oteca family reeide�aceo. Further to the west properties raise are m �- a St,ffll.. Infornnatimx- ane pronaeai Descrixtijf A single family dwelling is located on tax lot'4103. The portion - t line ad jueta�ent and the property under consideration for a lo i creation of the 7,280 square foot parcels contains 2 crab, trees fir trees (3 to inches in (6 and 10 inches i� . diameter) , assortment of 25 1 fir tree (6 inchea in diameter), and an diameter), - Y' Exhibit 8� submitted d by the applicant, ature orchard fruit trees. Exh tohowa the distribution of these trees. the.eubj applicants own about '' acres in this .area including nsrbhect parcels. s 4 is located in ASC #10. The parce9.e. Ail. of t�:.x loi 410 � located _ o portion. of this lot is wooded and contains a large single -fami� X i� 10� 1' dwelling. Tax lot 4103 is not located in A®c i Ths apP licant proposes to move the common lot line between tax lots t A) 10 feet to the north result g in 4103 and 4104 (see exhibi t increase in the size of tax. lot 4103 from 6,166 to 9,316 square , feet. The remainder of tax lot 4104 is then to b0 partitioned into three parcels, 2,contwining 7,820 square feet and I containing 2.8 acres. . Tre 2 Parcels � in g ?, 820 squA a feet are located just north of tax lot aiPl see Exhibit 81. Access to the paw ls is ropo _ easement located on tax lot P eed to be p�.odded by an access ea • 4104, 5 , r, ems. Gomm The Engineering Division i;ws : the following c heats: AcceS® is prov14eC by S.W. Landau street, a city l cal street t wide right -of - way. X,'mprovemefl. with an existing 50 foot, ' limited to a narrow, well-- graded gravel road. Interim : street PINAL ry. B� 17L1P 7 0 .yt♦ ' 3 PO` M8 P 90-15/M15 00 -10 BURNESS P • ing 0 :mprc *cements should be' i > taped within S t Land u, ` S the proposed street .•within the 'nubdivi ®ion 'we `to Avenue. rent frc S' ... 77th' The proposed street will provide.. access' �► �; aats and ccay_d serve addf titanal lots'. following, furthr ;t'artitioning Code Section 18.103.010.A requires that street° serving pore tALVII six reaiidenCpe be pudic. ' Pub1Lic; two - thirds street`. improvements 'should be :installed along, tihe ' wester edge of the , site. The etr. et improvement could b comp9,;eted upon development of the parcel to the . weM . e 'Sections 18.108.070.C(2) allows a hammerhead- Oonfigured, ,terminus With a paved surface with each leg of the b,2.< 'r.:ad having a miaLnwn dopth, of 40 feet and a minimum, width Ot 20 .feet. The site drains ao'cth towards the noutlt tr ,'out ary of Ash Creek. Sanitary ee.:er service is Pr ov hied by an existing line .along the 11,ac3C of the proposed .lots.. No ,additional extension ;,of the line is required. The g has established and the e unified Sewers a District City has agreed - ater g to enforce, in. Reso�.�ioix No., � 90 43„ Su�,�faoe �i Management Regulations requiring the construction of on site quality ; facilities or the ,payment of ire in lieu of. water \� _ conetructie:a or these facilities. Requiring, surface water quality facilities on small sites would result in numerous facilities that would becoXae e, maintenance burden to tha City. Furthermore , the applicant has not proposed any such facilities and there aro no natural depressions or other' areas of this site that are particularly suitable for water quality facilities. Regional faculties, funded, by fees in lieu of construction of these facilitiek., would provide the required treatmant with improved rel3.abili.ty and less maintenance. Conse ��ztl , a fee in qu y d lieu of the construction of o' -site water quality facilities ehoulei, be ageet: ed. n, g qu drawing µ existing The .�.13.1da.1>� Division requests that a drawls ahowino the underground utAlities for lot 4104 be aubxn;ctted. If any utilities I including water. sewer, gas, ,power, telephone, cable 'TV lines, and rain drains) cross new property line, thole shall be provided with easements. The Fire District' notes that 1) a turnaround Conforming ; to the requirements of, the Uniform Fire Cone meet be installed at the end's of Landau Place, 2) fire hyd 'lints ale required wi4 Y u a00 ).eet of all portions of buildings +;measured ax ound the 'Outside) NPO 118 notes that side yard setback requtiriaients should addressed. Street pavement io needed for 3 -6 s,eitidences and since . FINAL ORDER 90 -23 Pc - ML? 90 -15 /I4IS 90-10 8UESS - MGR :3 Era 0 4 lots are being served the access should be 30 feet wide-wit ' a 2q off`; Lanaav;' is foot. ,wide paved .'area. They wanted' to 'knave which part „ in the , juriediction of the County, which of the city! and. were concerned about adequate fire protection. CPO 14 has : no cab jc tions to the lot line adiustment, however, they have _expressed the following concerns with respect to the minor land partition: We believe this proposal conflicts with the, MetzgerProgrees ncaunii,y Flan and the , city of Tigard comprehensive Pian. Under the General Design Elemente of CPO #4 Metzger'a community Plaan Overview, the developaijent on :the ,two 7,V S20 A, decreed aita square 'foot lots will Violate . Pa�i�nt 5, which prop filling of a floodplain< wh4oh re,sat�ls in a; net ,.. ,1e ii water holding capacity. These propoaed lots are directly move .the f oal watereh approach to Ash - Creek and have water ireee4t ott the surface for several months • per year. DevelOOMe*t' tf this :land will riolate the Tigard Comprehensive.. Flan which states the City. shall not allow development,. in'areas having a `high seasonal water table .within ® -24" ' of the sur €ace for' 3 or more weeks of the year`(page II -J12, policy It should ha noted that 3 of the 4 lots to the r ic∎►t ;i :phill ) of the proposed new :Lots are undergoing Single - family home � � development, with tax lot 4 93 already deve !,oped, making all the Land uphill from these proposed iota and hstf Creek developed. The impervious (that is , non -water absorbing) E :trfacea of these homes (driveways, roofs, patios) will add to the amount of water this land Will be expected to hold and retain. Th,bu additional burden will likely result in erosion, slumping, earth slides and weakening of ` foutdation soils without the ... cori strut tion drainage of significant drain e ex� ngineering(' which would further detract from the natural characteristics of Ash creek. JS West notes tbey must be notified a m.\ni m um of 'm days b fore. a evelopiag• ,lids the developer will be r%ag;iired to provide tench down to Landau Stress. PGE, School District, 231, and Northwest Natural Gas ha'vre re Viewed the proposal and haiwe :no obienCions to £a. comments were received at the public hearing from netarb);/ pro?eruy owners as reflected in the minutes. FINAL ORDER 90-2'3 Pe - MLP 90-3 tfPiZS 00 -10 RUENESS - PAOLI 4 - °a N. FINDINGS ArD CONCLUSIONS, Applif able criterie . for rev of mLp 9 :.0015/xxs 90 -( i0 include comprehensive Plan policies : 2,1.1, 3.1.1, 3.2.1, 3.2.2, 3.441, 3.4.2, 7.1.2p and 8.241 and (ca nunity Development Code Chapters 18.50, ';1,8-2.66, 10.150, and 18.162. :Policy 2.1.1 (Citizen Citizen Involvement ) is satisfied because notice was sent to property owners Within 250 fet t of th proposal, NPO #8, and CPO #4. Al public hearing is being held to provide' there property propartIr owners and other interested parties an opportunity to comment on the application. Polio)! 341.1 (Phye3 cal LimitAtionr and Natt „ al Euardg) will , io e p of building permits for either satisfied bc�cr�u ®e prior to the issuance g pa�� of the proposed 7e820 E quare' loot lots a soils report mi*at be submitted to the , Building Division. If potential hazards are identifies the n .vioion will require that measures be taken to offset the soil constraints, ` These aeaauree may tncludei special erssi gu or construction features such as , r.lov truction of a di°Sinage foundation or the use of pilings to suppc'cc the yelling($) In addition the) applicant will be required to provide an on-site drai rage €uoi ity c Chet needs to be gddressed here. The GPO #4 has exprQS ®ed a c._�,�ern CPO contends that the proposal is in violation. of Comprehenr1 ve Policy 3.1.1.a. and that policy 3. T.1. a reads '" . 0 .the City shall not allow development in areav :wing a thigh seasonal water table within 0 24" of the surface for 3 or more weeks of the Year...." PalLcy? 3.1.1 and 3.1.1.a reads as follows: The City shall not allow development in areas ha' ins the following development limitations except where it Can be ahvwn that established and proven engineering techniques related to a eksoific site plan will make the area suitable for the 4roPased developments a. areas having a high seasonal water table Within 0 -24 inches of the surface fog three or mare weeks of the year; Clearly, it is not the intent of the above polio to stop devs :.opment but to insure that potential haz_arda are identified and special Design considerations and construction measures arr taken: to offset soil And geologic constraints. A site visit by engineering and planning etaf,t did not ' revOal the presence of water on the site in the vicinity of the 2 proposed 7,a20 square foot lots. The Commission and staff recognize that, watew may be pyes ^ t seasonally and therefore, prior to laeuance of bU;ylt3inq 1►ernite, a survey be taken e e the geologit� and soil condi? Lons on these 2 lots. . If determined to be necesaar we the applicant fpk a bedsit F* NAL ORDER 90-23 PC - / LP 90 115/MIS 90 -10 B'' BURNESS = 10' s 0 JJJ r4 7i _ • permit will be required to provide design and construction features to offset the constraints. Policies 3.2.1 and 3.2.2 ('looeplains and Wetlands) are , atisfied because no filling appears to be necessary to accomplish the ; proposed development. CPO #4 also beeves the proposal violates point 5 of the Metzger- Prsogress Community Plan Overview "...which prohibits filling of a f1oodplein which results in a net decrease is water holding capacity... is Again, no filling appears to be necessary. The khtzger -P7 ogress , Community Plan identifies the site atn an Area of Special Cor ern (ASC #10). however, physical boundaries are not deff.ned for significant natural features such as Cloodplains.. Instead ell* ixtvertieri that touch or are adjacent to a physical feature coneide red to be s.is ificant (such as a creek or river) are considered in their ' ent rety tc part of an are of special concern (see Exhibits B and 0) . The c lty does not have f loodpl.ain information for the Metzger area. Policies 3.4.1 and 3.4:2 (Natural r as) are satisfied because the • proposed partition and lot line adjustment is occurring on a portion of the parcel that -has been identified by an official from the Department of Fish and Wildlife al not a significant habitat for wildlife. The no rthern portion of the site has been identified are a significant habitat for wildlife by the State and a survey conducted by Scientific Resources, Inc. Policy 7.1,, 2 (Public Facilities and Services) will be satisfied an indicated by cot nente from reviewing ngeack ,•s, none of whom identified any service deficiencies. Policy 7.2..1 (Storm Drainage) will be satisfied because the provision of an on -site drainage facility will be r.r..y�uired as a condition of approval. Policy 8.1.1 (Traffic Ways) is satisfied because the devd'1'.opment abuts a publicly 4edicated street,:- the applicant will be required, to pxo'ride a public Street': consticucted to City standards within the develogr ente and interim improvements to SW 74th Avenue will be required as a condition of approval. Ch -pter 18.5C (R- .i4., 5 Single Family neaidential Zone) is satisfied because the 2 proposed 7,820 square foot lots exceed the 7, 500 square foot minimum lit size requirement. The m Oat nortrasrly 7,620 square foot lot is irregularly s`,hepsd but satisfies the average md. "Ammum lot width requirement of 50 festA. the average width' *or both lots is approximately t Q_ e O t e see loth be requiredto meet the setback reguiren A` of the R.-4,5 zone, they are- 20 feet for the front, 15 feet for the rear and 5 feet for the side yards. FINAL Olib 90 -'2 PC M] P 90=15/ IS, 50-,I0 BURlDiESS PACE 6 4 tbfr r,9 \ r .•, Cg to chapter 18.a08 (ACcens, Egress, ..,and 'Circulation) will be satisfied because the applicant is required to deli ;Bate right -of way and provide two - thirds public street improvemen fl to the internal romdway as a condition of _ approval. In ' additlpra, the applicant will be 'required to show proof that an adequate t2rnaround for emergency . vehicles is provided dt the terminus of the proposed access. Chapter 18.150 (Tres nemoval) is 'satisfied becau,le the applicant. will �5 required' to obtain a tree reca ovl peril tt from the Planning Division prior to the removal c f any trees. As noted in the background information, the orevicius request for a minor land partition was appea4 ad fi.o the 'Planning Com+atssion. The appeal was npheld on the grounds that the applicatdon should have been reviewed. at a\ public gearing and that not enough information was available concerning ASC *10. It Ohoul.d be noted here that, ; as a result. of the. p y neighbors about tree removal ted with a r• reseed b cigb'bo s ase� �' concerns ex previously approved minor land partition ' (m LP 89-20/N 89-27) not' located in ASC #10, sAashington, County was Contacte6 in early August, 1988 to determine what steps shcriuld be taken to protect the aesthetic and . wildlife vale. \a of the area. No clear method for protecting the area was recomrtlended. gowevez, we were aiviaed that an analysis of the effect of the proposed .��, o cutting on w3i.ld1 fe would be appropriate On August 18, 1988 a wilictii tie biologist from the State Department or Nish and Planning Division staff f inspected the -property. The t identified ha ro Fuld $fe and biologic entified the northern pori.ion of the prope^°ty and the ash Creek area as the significant wil :life habitat. ASC #10 requires that parcels located within its boundaries be reviewed at a public hearing, that no additional ntreetn crone Ash -and that "development approval shall not permit removal o umwe than S® percent of the mature standing trees (six inches in diameter, or greater) unles • demonstrated that removal is necessary to permit develctonont of the cite at the planned density.,"' �. � r eview �evelo nt through thy' 1tublic hearing to r this roviaion to ste The t,on�nen�. � but a��,1 not interpret the intent of thi deveZo _ trees with a di.aw, w er of inches process t remrn�ai of � 6 or reater. As nom der arlier, the - northern portion of tax lot 4104 i.,r Z _ wooded. The portion of the parr el currently proposed tc he °developed :pith, 2 new homesites contains an a A sor-tment of orchard' fruit es as dtf cb' have diameters of 6 inches or greater (see gx#n ) lt o fruit trees are located within the buildable area of these libte. The remaining fir ttess are emalie in diameter than .6 inches and 'do not require apProval, prior to their removal.- l ou V r'r }he applicant should be ei oeuraged to preserve as illany of these trees as ,Possible. A tree removal permit must be obtained from the Planning b vL,s on prior reinlova'l of any tress "with a diameter of 6 inches or 'greaa'.,er at 4 feet in height FIN. iRDI'41 90:..23 PC - MtP 00- 15 /NIS 90.10 BO NESG PACE, >n; N 'd,,. a +a e7 :: 0 l-. 0J P Oak and f'Lr trees are located outside the 2 proposed 7, 820 square foot lots. Removal of these trees should not be necessary for constru tion- Chapter 18.162 (Land Division: Partitions and Lot Line Adjustments) Section 18.162.060 (Lot Line Adjustments: Approval Standards) of. the Community Development code contains the etandardo of approval for a lot line adjustment, they are as foli wvs z An additional lot is not created by the lot .line adjustment, and ustsaients is not the existing parcel reduced in size Day the ad j reduced below the- 1pinimun tot size established by th6 approved zoning for that dis trict • 2. By reducing tha lot size, the lot or atructure(s) on the lot will not be in violation of the site d ®rov m a et or zoning dis trict xegulat'.Ons , for that district. Lot lino adjustment XL1 90 -0010 satisf iee the above ; criteria. .fie additional lot is being created by lot line �' as dot• The y _ , a mino . land , inept � usnt`.a�u�sed d4 applying for tie lot 1� -: applicant is als: u below. Tax lot 4103 is increeeed in ai a from 8, 165 to 9315 square fees:, thus exceeding the 7,500 square foot minimum lot size of the R -4.5 zoning district. No etructu ee or lots will be in violation of the site development or zoning district r2guLations as a result of the lot line adjustment. The pre o s ci must also meet the minor land partition criteria of Section 18.182-040 (Partition Approval Criteria). They' are ata► follows: The proposal confos. ms with the City's comprehensive plan; �.. t m P ""y ordinanc3 2 The proposed parti�.io.� corn li.ts� �►i �.h all atatut®.. and requirements and regulations; 3. Adequate public facilities are available to serve th. proposal; 4. All proposed lots tN,Jnform to the size and dimensional requirements: of this ti tl o; and 5. All propc> ?ed i mpr.`ovemet is meet City and applicab' a ag ncy standards. The proposal sa ies the above criteria. T� p P% sal. it or will be �` 1 t�.s '�!w ro �� in c4nfz'eaance with the a pp licable mpr�h ensive Plan polic3 ea o Based on comment0 received from the varitlOs; agenciosv the coorv;aiasi,fln also concludes the proposal complies With statutory an0 ordinanr. e requirements and regulatibnd and that adequate public ' aci.1it.iee ' are available. The proposed conform to the size and dimensional require,ttenitts of the Code. All improvements will meet City and appl.kcabl& agency standards. FINAL ORDER DEK 90-32 PC - MLP 90- 15/Lly 90 -10 ifi%tESs PAGF lor M .t • 4 4 G. REO »iMENDATION Thee Panning Commi®sion grove® i `aj'Or a* P ition it nd tot' Lino uetment NLP 90 -0015 /MIS 90-Q010 .. pub jec w t&."1,-,:e .following conditions s coNDIT�:6 1 - '5 SB3kLL BB NET PRIOR +TO aR. CORDIUC WIT SRINGTON ,c tal=, CONDITIW1QS 6 - 10 soma,. BE 2!�F" ,PRIOI;t 'OBT AINI G, A° BUILDThG 'PBSRMI1', Ai r CONDITIONS 11 - 14 SHALT' IAALT', B�, ME, 1R PRIOR Tt)` 9BTAZNING OCC� Oy , ., , ,,�'3,r. 1. A. lot line adjustment and partition ' eui vey , pint•: , and an . outbound deascrip► ion ahal 1. be 'submitted to the Engi neer� ng Department recoro'°,;ng. The plat .. oh41.1 clearly csbow,, zany.• public . Kati:' 41t7 ter. ate;-' easements. STAPP CONTAC a John Uagman, Engineering D r ent (639-42720-, • Two (2) • a+ tts' of d to ilet< ,►lies, iteprove nt p14ns and , px°ofile g _' 1 b Submitted for ;prel unary ,review to construction drawings ha _.� the Engineering Depart rent. • its ven (7 ).. sets ..of approved" drawingi and one (1) itemized oonatructi6n cost ' estimate,: all ,prepared: by a Professional Engineer, shall ,• submitted,, for ftrial .,aview and • approval i (I s these ,plane .art . ad 't a "4, fez aWLnga resgaxired by the Building Divisil"snr and should, only include ,Dl eeta relevant to public improvements:. STAY' ' CONTACT: John Hagman, Engi, leering Department ` (639-41,71t,. snitd ieirnfte �f,��5. not be ;c r iseu ®d loA et' eon®tcuotion► o� �o ems ., mPro®emen s shall _ u r.1 after the Engine i,„ i . ,DeVartinent has reviewed and rpproved pi blic plans and a street opaninV permit' ` or con.4tructIlon comp : egreement has been eazeCuted. A 100, percent perforrnance 4SouranCe, Ar lanes Of cry nn tment, a m Loper- engine ;r agreement, the pa i nt of a permit fee, sign installation /streetlight free, and: ,a fee in 'lieu of the construction of on -site %:,ater q114itg a Cil3.i~i,cs ,are xeq iced . STAPF cOMTACT:. O`ohn Ragman, Engineering, Depart :tent , 0539-4171). agreement shall be executed by the aprilicarlt, on ferias ,provided by the City, which waives ;:te pro ert , a,t►o ter' a right to appose or remonstrate against a future dal lmprov ncnt Disstriet formed tO. 3.raprcve S.W. Landau, Street. STAFF' CONTACT: Jahn uagrgan Bng3,neering Department (639 - 4171). 5 . A street right -of -way with a minimum width of 35, feet shall be dedicated along the entire wyy.� of the intern4. street. The dedication Shall be on Ct t Y forms inetructiona arra . avaL1c big from the En inesrin� Di rie��. STAF% CONTACT: Tahn, , Dagman t Engineering Department ( &39-- 4171),. 6. Storm d a natge details sha)1 be provided'' as pairt of the pnbl. LC' improvement plans, Calrwl: tion ► acid topcgraT tic maps" ;of tie' Btor " drainage basin shall 'ire providsd as a , supplement to the l:o. F IhA, C)MLft 90-23 PC 14,1,iP 911- 1SALT5 90-40 . BIllR�1�iS" PAGE 9 . -r M J. Lti improvement .plans. Calculat :ons eha11' b based on full. develop lent • of the serviceable area.; STAFF' p1AVi+t T's Greg' Berry, r Engineeting Department .(639- =41;7.3.;) . ;. to *hat "etor!n drainage rirunof f can 4e The 'a��.3.ra�t: •elnall .' �de,,�snet�ca *hat; d3.0chhar3ed into,. the ' , ex , 3t g ,dr41Lna i ewayn without eigniU cant y impacting prepertiea downstreaan. ' TAF'F . CONTItCT i '4Gr2g Serry, Engineering 'Department , ( C 39- 45.71) . erosion control p1 a',4 shall ,be ►roviPe -' 'Pa- art of the •- public improvement t drawings. "' ?lie 'Plan :',,Shall cotlform to •. "Erosion �. , ' Control PhSna Technical ` ra3danoe l0n db!,ak o' iiovember 3909." r' pONi1Cio Greg '$Es$.,. "s, Engi'3ering' ne+partmelit: (639. 4111) . * ' reb removal permit shall be obtaif`,ad prior to thy* . ei►val of any diameter, of 6 inchea or greater at' 4 fillet i,-n..hei' ht. �t�ree�i. with a , T1te ,lari • eubr fitted to obtain this ;Fermi t Shall 01.0r wh Lch trees e« f,,o be tamoved and shall show the m ea ',ti es that • will by • taken to pr 'ceett tiles z 1Aaine ng trees. STAFF •C314T iWT: VI Good:.in, Planning Div eion. (6$0Et71) 10. in addition to the storm drainage details ',required, iv ..�i��► Rngineering Department, tLLsa applicant ", thall Babitittit ' a, soils ',report for P t least she 2 7 jr 820 saltare foot lots. 'STAFF CONTACT: Bract Nom*, Building Division (639- 4171) 11. 'WO-thirds street iimprovegteatio,, . including traffic control devices, mai; 6:c Clusters, concrete Sidewalks u driveway aprons,* ctarbs, s; 24 foot wide asphaltic concrete pave Ont,, '. , stoma; drainage, , • o installed within streetlights, and underground Ctii3.t3.e�e siae1� ,. the partition. A one foot. Wid a reserve atri,F along .the propert f line Shall be provided. Improiremenits ehiii be designed anc constructed to local street standardi rtanalr>td4g h herinerl,meati',4t'the terminUe r trees dear this p vemenit sheil' bx. 1 preawsved hear ` Caneideyed feasible ?y * � Engineerin Department. STAPV CON`S': '$ Gary Alfsian, Engl "aeel`ing bepartaie'nt (630-4171). 12. interim street isaprortmentia, including , ,a double ,'bitu,iiiii us chip within the 'r�ightw.a►f -qty , seal. 24 felt in width, shall ihsta9�ledl.�`�rit , of S.W. Landau Stretet from the proposed Street frtith.t tbe' partition 'Vest to S.W. 77th Avenue. $i.'�y couTAcTs a lfrnon t , ria�r, ;1 e4: (Dept. (139 - 4171). 3 3. Driveway cuts shall not be permitted w i thin thi t intersecting right-of "gay lines nor wi thi n five feet of pre p -( o 9 lines. $l ASP CONT Ai h�� agtA�n� Engineering ep t #aert. 4171). ' FINAL 4'RDpyt 90-23 PC -Ma 0 - 415/Mxs 90 1i1 BORNE-sr. • • rb 44 treet centerline ariunnmNentation °shayl he rrowid� In , accordance ` with Oregon _ Reu3.€ a Statut w bisection .(2),, .trie' tenter1ine oUaAl,, sitreert. r ;ghts -��of �aay a�ha1l be n JJ n: ed before the Ci° 4 I a ctreet 3,mprceinea 1 centerline-center de, interaeLLIion Po ts ) All ` ea -de aac center 1) ktonwWWnt boxes confoa ring to City standards w3 ";ll Yee required a bond all centerline intersection ippiitcli and cul.= de -sac center points. 2 The tapa elf aU Monument boxes eha11 be . get fin1,eh� pavement grade. ,,;SThPP CONTACT: John 1Iag ra, i veering . ice, aar .ntent (639-4171).- THIS .APPROVAL SEALE. BE VALID IP EXBRCXSED It ITaIN 10 MOi TED OP THE PIMA' APPROVAL DATE. It is further ordered that the) applicant be notified of, the entry^'` bx'" WA/3.` order. A. Donald oer ;President Tigard Planning Commission 01115EFY' 9 0--23 Pc MLP 9O- 5/ 4tS 00 -10 DUENESS PAGE ;, ., ..,..r. .. _ __, .. ,,' , ,, ,, ■ ' .,-, ". -„,„ .,, - ' . ,, , ,, r 5 , ..,..,,--.....,,,,-!- t,'''r'r , . „„,,,:,,,,...,,i;,,...,,,,:„,..,-,,',':7:11.":,,,...:-.:::,:,:--,;.7''':;'::.:,,,::',',:,';',',,',:'::,,,' :.,,.',.:,:,,,j.1.,,,,:::::,.:..,.., ,,„,,...,.,, L'..•.-,,,,...,...',)i-',.,,',','/A v'' - ■ , ,, , , ,- - ' • .,..,,,,,,,,,:,,!,-'-;,,,t::`.11,',' -,',':' / ''';''''';''''''':'' . 1' ' '1 ' ' ' ' ' 1' L . , ,.„ , , r.,„, L .,,,, i i , , , , ,, "11 ' 1'. L • l' 1‘r 'r:':;f:1' ■ .. . . r • L1 :. '*. 1'1'1 ' '''',:: ' '. 11 ''' ',''';;;177. 74.'!1'.'it .*11 . .1., .'1,, '. , 1 ' ., ril: :'1..';' 1'r '".:■',1' t':'..'1','1,111 ..1'...:1:‘11:' :, 1,1'111• ' '' ''''''''' ''''''''''C'''''' :;::.)''' ''',', ''''':',.,,. ■ ,i1 . ' ' ' , , . , ■ , , ,r, ,,' •',',-,, '' '. '1- ,,,,,,, ' ' ' ' ' ' ■.,, .- , ■,-,,- ' - , ,1 ,_ , , , ,,- ,1 ...r ,, , „ , ,,- rl '''','''''; '''''''' '.. '''.'''''',*-.'r .,- ;',:,' .'.''. ' ' . ,.' - ' ,',,,. ,- , - ,,,,H," -: , ,' ■,- ,"' ' ''rl. - ' ' ':'' . . -'-': : : ' - ' ' '' ' ; ::' ''''.:: ' - ..'. '.. ' ' ; ' :::: ,-''','::' ' ' ' '''''' .' ■ -.':i : ''''''' .L '' ' ‘' ; ';',' ,:':': '''' ''''' :1 LJD1:u R.S la 4 4 LI., • t W 2 cl1/2 't 0 CL t 1 - C 1:$ cc 4 •••. ?pinto cc's 0 7,71'4 01,164 t,t •I • J/ on ' i 6t,itO o �.) s l r Kevin' 2i horns a- l d © co i jla .n to the Ci� os�exda �- earn " � �' :.. ;. , � .� ; . y y i " oon concern ing .. Bob r dxrne s. cons y O on ro t ea . i ninon home 5. 5 04 1, . ; r, =„ m aon emc..y c oncerr d about tire" : haul .ng" , of" reap off the property a, and with con's ;ruc ion x a�°a: rhi+ s amag4.r�g is .. l Simmons' ) property. q ir. Sa tuncins .has:,, also 'call _, a td � ked .tc Wa t r H e" .C�sp.?i' and CUPS Lawrence': because of` tab invrolvei ni of "wetlands and the _runoff ,Ooncern`s� ;' s � ' Also:, , or our iaforma ion 'MODS said : his contacted ad :n n sp ' i hs.ues. ' Vi AFFIDAVIT OP MAILING; STATE 01? OREGON County of Washington City,+, of Tigard o •;.� >.:,`"'' 1�1%C�iln�. �� ._.,r, being first duly swoon /affirm, on oath depotie and says (Please print) That I am a .,4g't for The City of Tigard, IDregor.. t, That a served moTGR OF P;IC iiFlARItie. FOR: That I served ViOTIC E OF i »ECISION FORA City of Tigard Plan tin 4 Director Tigard Planning Commission `.. �.. • Tigard Hearings Of !icer Tigard City Catutoll. A 'copy (Public Nearing Notice /Notice of Decision) oa= which Ls attached .r ai1ait W) wary mailed to each named persons at the adearens shown on the attached lint marked exhibit "D" on the day of d 19416 said notice NOTICE& OF DECISION as heret91 attached, wan poet ed on an bulletin board on the - day Of AJ •i9 and deposited ed in the united States Hail on the • day Og , c:-,.�._.. postage prepaid. o re ® n w'ho delivered to POST OFFICE � eworn/ ffiran to me on the NOTE pumaG OP OREGON My Commission .E ir. °te: bkm)APFIDAV. IU )4(A.L sorer- A N ,T 'I CE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT THE TIGARD PLAMAING CONRISSION, AT ITS MEETING ON TUESDAY, September 18. 19, AT 2129. PM, IN THE TOWN HALL OF TEE TIGARD CIVIC CENTER, 13125 SW HALL BLVD., TIGARD, OREGON, WILL CONSIDER THE FOLLOWING APPLICATIONa FILE EC.; MLP 90- 0015/MIE 90.0010 FILE TITLE: Burnes:4 II APPLICANT: Bob Bu; ness 7531 SW Landau Street Tigaird, OR .)7223 NPO NO: OWNER: Some REQUEST: gIN(zt Te.AND PARTITION 14L P 9p:0g a LOT LIE ADJUSTMENT MIS 90-001C BURNES (N PO #6 A _request for Lot Line Adjustment soproval to add approximately 11U6 Dears lout to the north side of tax lot 4103 from the youth side sf. tax .Lot 4104 Also requested is Manor Land Partition approval, to divide are approximately 3 acre site into 3 parcels. Two parcels will contain approximately 7,820 square fast each and the third pax&:el' will contain approximately 2.61 acres. ZONE: R -4.5 (' asi lentiaio 4.5 unite /acre) LOCATION: 7531 SW Lauda t Street (WCTM 1S 25CD, tax lots 4104 & 4103) (See Map On Reverse Side) THE PUBLIC HEARING ON THIS MATTER WILL ' BE CONDUCTt D IN ACCORDANCC WITH THE RULE12 vF CHAPTER, 18.32 OF T} MMCOUNITY DEVELOPMENT CODE AND RULES IF PROCEDURE ADOPTED BY. THE TIGARD CIT71" COUtfi';CL AND AVAILABL . AT CITY HALL, - OR RULE OP PROCEDURE SET FORTH IN CHAliTER 18.30. ANY ;PERSONS HAVING INTEREST IN TRIS MATTER MAY ATTEND AND SP, HEARD, OR TESTIMONY HAY BE SUBMI'T'TED IN WRITING TO BE ENt FRED INTO THE 'RECORD OP THE HEARING. FAILURE TO RAISE ' ISSUE IN PERSON OR BY LETTER PRECLUDES AN APPEAL, AEU I 'AILURL' TO SPECIFY TSB CRITERION FROM THE COMMUNITY DEVELOPI4ENT CODE OR COMPREFLIINSTVE PLAN AT WHICH A C014M T I8' DIRECTED PRECLUDES AN APPEAL BASED ON THAT 'GRxti'S AI0H. FOR FURTHER INFORMATION PLEASE C';IN'TACT TIgARD CITY 'HALL, 13125 SAi HALL SZAVD4, ORGANIZATION (NPC) t �5 ; CHAIRPERSONt r 1 nMA: trel1. bkM/MI P90a35 . I3 t tit __ 1.4 < Q1 AA' b r THE PLANNING DEPARTMENT T 639- ,.4171, OR 0142ACT `'0UP' d ruxn9BORH0C►,h PLANNING PHONE' NUMBER: 24+ -6299 APL • yr t :!r 4 w. J ri n 0 j prEkelOCK co . EJ tgApLELEAF STREET EFT I SPRUCE HARRY B. VINCENT 7509 SW LOCUST TIGARD OR 97223 KEVIN SINONS 7525 SW TAANDAU ST MGM), OR 97223 0WN RESIDENT, 7711 SW LANDAU TI( a), OR 97223 OWNER/RESIDENT, 7850 SE LANDAU TIM M, OR 97223 OWNMVRESIDENT 7E450B SW' LADiDAU TIGARD, OR 97223 IW ER/RESIDEW2 9760 SW 77T11 PORTLAND, OR 97223 0WNER/RESIDEI 7811 SW LANDAU TIGPRD, OR 97223 oER/RSIDEN ?' 'AT tN" SITING 8122. SW SPRUCE TIGARD, OR 97223 OWNER/RESIDENT 7850 SW LANDAU TIGARD, OR 97223 OWNED, SID t1T 7800 50 LAMM ST TXGA , OA 97223 1s125cD- »04B00 . • ; .. o' .. .. e . R R PROPERTS INC 9011 " SW R V- HILLSD PORTL OR 97225 q �y 1�' 1SX2ECD -04900 esr••ar•i eyee A PR0PE'RT$ 3 . 9611 S!{/ LLSD PDR2. M • 15125cD- 04901.' w..ai..ea•i '' PROPERTIES /NC 9( 11 ' L1W UEAV.•H;LL8DALE HWZ PORTILAND OR 97225 ••• 18125DC- '00500 •'a•e.o,oeoe.edsme•i.' imBFFS, inirt,FLY L AND PAS 1 9655 SW 74T TIGNEW A. .97223 1S125DC -00600 +i a'A • BURNEss, ROBERT PRANCES 9777 SV1 74TH AVE TA aARb •. K •4 r e'.v roe • 0 1512590 -00800 •e•eoe Meuse, 0 0 . STEWART, GORDON t1► AND kekiGUERITE SEW) SW =rats COURT Po OR 97219 1:125DC:- X00700 • i!• i i l O O t• i' ► ST i+TART, GORDON A a 0ARa3'S'ERTT1 5820 SW .: 5 ' C O RT PORTLAND OR 972.° !I 2S106AB- 0i1160Z o.•aeeegr "••e•a••.ioi•,w•eo 10H LM d, lipNA E, 10340 SW 12 RTL111W 1‘136BA- 00100` ••sosio•se.ie'iee•e VINCENT, FLOW, N 7509 SW L0CUL D PORTLAND' OR 97223 1S1360A 00261 ..*eeeieeee oe•ie•e•.:i mAYBN1Ut , STEVE AND D XE 7603 S0 Lo BT TIG RD OR 97223 1S1,36814'00200 eoraaaeee0e.ao0•eem000 UANSON,, DONALD E " SHIRLEY Pty ;UOEt 12 ifittiktit Ott 97067 1S1368A-Q0300 «4 0,006 N, Di D D' AND NATIO= 10040 SW 1134 wiz PORTLAND •.e••i a e'M *:ri 15136 A00606 ........ .. e 0000001000 Duliriatp, TROT R "1611 Sit LOCUST PORTLAND' OR 97223 LILY HARTZELL 10235 SW 70TH AVM TI ARD r OR 97223 15125+ -01300 q:''et 4a • ••o.ib• e,,:..e ow •e •• D,U»L1Y; UX . , '060,XNS, ROBERT' B ' 9 O0 ; W :ICAZSER ,'RD tioR+i . �n Oft 91�3.1. •183 5 °14/��i ih0" . '• d f s''s • e a• a e i a•• e.• i 6 DANSON.y •> • 0NE . S AND C�1I ltAR` M " I " OR 97223 1S 45C04.02001 50!»- 02001, 'o6'e•+ • **00•00004)O0 BE,AuLIEV, r4.'I URNAht T LOL 9895 :SCE; 77' PoRTLAW0 OR 97223 15125 r 01302. a•e .e,, EI44,,: BARB A ► '6 LE] 4130 SW° ';i,EB ST' y 1$12q- 020+0' . . 0 YOUNG, ' 470101 1"' , rsimoNA A /.9855 SW . 77ZI AVE 1S125OD- 02500 ••eob••• •e.••• volart, . elr D GEORGE ANNA 114A11111, 9925 SW 77T11 ' AVE. RTLiD 1S125420 –0340 0e.iebeosoes`b +oeea,obr BEEBE, 1 T$ R 7675 . SW mAilDAti PORTLAND OR 97223 15125cD.O3600 •bee ••••• •i••••• op, • •• )ROB, Jams A a `tA 1 EA 9900 SW .7'1T VXGLRD OR 91323 151250D- 0380.4 .4.0..0 .4. ..004;040111... J'0lNSbN, LENORE GOELDE 9840 SW 77' PORTLAND OR 97223 .18125CD -03500 '�,.eb- eksd'b.•••6o•o.•••e T, TEONAB 0 ..ene/TE ANN 9930 ` SW 77TB ,AVE 'PORTLAND 18125cD- 03700, . e 0 S►' w • • -is,. • • o • a • ,e • • • 00 JOHNSON, LERO3 4 A: 1S12SW -03900 ,. i . 0 0 WriZnl, MIKE ' E 97L10 SW 77TS PORTLAND tirt 97223 460000* 4• 4• OR 97223 000 .W1250-03901 •..•seaba,bueiaediee ELLIOTT, WAX R LOIS 7615 SW NLI4w0OD ST poRTLAND OR 97223 1S1.250)- 039031 0....•mie•. GREFNPIELD, DONALD L LINDA K 9730 SW 77TE PORTLAND 1512 CD -03902 » • y . . D'AWES, ROBERT ?` Alc:3 ELI &►' .►B! i b e:• *• 0 0 0 0Od 0.••. OR 97223 151250+ -04002 0.e•• •O *•a•••. • .•4 ELLXOTT, =WW1 , LOIS A 7575 IGW' E'LI1D P0Ri ND 18125CD -04100 eiiei0 0.00000. 00 ad BOB BMWS 15125 D.041O •d.. . SURNESS, =melt 9777 SW l'"ANt 1S125GDt =04200 • * • • i••••••• •6, • SEWELL, 'VIVIAN AND KAHL, VIRG3NXCA 6080 SE ZEMIN RD .2411114AUXIt 18125 04.3.02 Bk1 SS, ROBE 9777 S ; 4 1812 5 OD..;013 0 0 . 6 mum? CAROL ANN, DUDLEY H II % HOPKINS, , ROBERT D'. 9300 NW RAISER RD PORTLY OR 97231. 1S1250D..01900 ••s•0 *•e• DAVISON, JUNE AND WW tMH`M 9835 SW 77t /GARD 18125CD.-81 ....•••••••-) ' llo �i.n N HL3R, BARBARA WIL INA , /4130 SW LEE " ST PORTLAND OR 97223° S N� 4,nD..0�Gi7.10O e.• `�. s O.. v s a to * e e- e. 0 e. •0006000001 18..25 1100.4�'v, �' HN D Nroo,NA A 9565 SW 7790 AVE PORTLAND 15225 0200 ; ••••W ...• • • BEA1t.IEU THURMAN T LOLL ;'98 95 ski, 77T1 PL1RTLOp'9 OR 97223 1312SCD0°03400 00•0•004.s.0000..ee.se ZREBi d laiNNETE R JA ;°' LXNZ . It 7675 SZI LANDAU PORTLANItl 1812SCD —Q2800 • . DORR, 1i'EORGE. ANNA maxic 9925 SW 77TH AVE PORTED 1E11250.43500' • • • • . • to to 0 iY to 0 p 0 a \\ • 0 • • • SMITE, THOMAS MYTH ANN , 9930 SW 77TH, an PORTLAND 10125CD 03600 •• ••••ooeooeo..•eoe+ BRO R,. JAMES A & TAMA J 990 SW 77TH Twitzp, OR 9722,E 1S12SCD4 .80O a e- • s ee a a . • e . s . e . ao e. e . • •.. J0 8U; , LENORE GJELDE 9840 SW 77TH P0Ti' LAMD OR 97223 19125OD -03901 ••e•••• ae••e•.e oeee ELLIOTT, WILLIAM R LOIS 767S SW ELMWOOD ST PORTLAND OR 97223 1 125CD -03903 ... ,..•••....•.A..• GEEENPIELD, DONALD E LINDA Ni 973 SW '77T> PORTLAND OR 97223 18125CD -04100 e, 6 6 60*e••0.••.•• BOB BURNESS 181250).43700 00 . • r • • • JOHNSON, LEROY R DONNA R 9870 SW 77TH A PORTLAND I8125cD -03900 • • ..toss • WILLIS, MARIE E 9790 SW 77TH PORTLAND r e e;• • 0:• • ..'i e 1S12SCD.»03902 •• 0. •• •o• ee•• HAWES, ROBN1tT P AND ELISABETH '1760 SW 77TH A PORTLAND 1512 5ReNV 04002 • *. , •- h e e- to to . b o:b • . m. d: *: ELLIOTT/ WILLIAM �t LOTS 7675 SW =WOOD POR'�'1:x�►�3 OR 97223 191250D..0410i1 .. ,••• .• ..• •a �.. D SS ROBBRT r`D 9777 SW 74TH A'irmturE PORTLAND 1S125OD -04200 i...ee.••••re..we.•w SEWELL, VIVIAN AND KAHL, VIRGINIA 6080 SE OETiN RD taLWAUKIE 18125 -04102 i h. • a e kl . • •'N B .. 88, ROBOT D ` D PgANCgS 977'7 SO 74111 POR. r AEI( ROPtaTtSS • .IRS 9011 SW B AV BILLS ►1 PORTLAND D OR 97225 18L,25c 1S125 x0490 P`..`Wm•.,•'seer..b e•.a PROPERTIES," /NC 9011. , SW BEAV—NILLSDALTA UWY s"D11.5174 - C)t° ,e66666 6666666666 JT4 8, grAR L AND PAXM I. 965 SW 74T*i TIG OR 97223 16125DC- Q0600 i••r.'a�'..AO'.'UPAOQ'ii6•b.. „notecase ; ROBERT R 'om' 977: W '> 74T',F3, A : OR 97223 .1S125D0'00800 0.09.°.... * STEW 1RT it eathout A. XV GtERI 5820 of i LLS : COURT R 1S125DC -00740 STEW lT, do or MRGUER'X°d > t 5920 • SW miLue ;BURT PO/0 D 0 e' 4 P. • 18136RBa- 00601 VORINAN, RDNA B 10340 SW 72 PORTLAND i 1368RA00100 eP e b 6.66.63. VXNra a ra,011ENCE N . ' 7509 SW LUBa' DIVE PORTLAND OR 97223 1813643A-00201 ra••.+�oes,wr•erso.• ®pa6 BAYBERRY, STEVE : - AND DAR 3YB 7603 SW LOCUST TIGARD OR SI 223 18196 .m0030® a.A• >,0..s'.Oo }Yi...PP44 BRI TON a ?VID D AND EATNOXN 10040 SW 77TEE AIM PORTLAVD R 97223 1S126B11 -00600 e. • e a e .......... o. DUNLAP, THON R 7 611 SW LOCUST PORTLAND 3 - -. .OPEN 'SPACE 3A 100.3. - >DN 1111E8 1600 M l6O2±Qw 25OC 4104' iCS t0 non) TO.. 790.3.. - .....• HEMLOCK 7l O.1 1CCfYi H`� .2200 .cl "t ;t R�� 43005/' e I e -2300 ,.a - 4500 k` 4400! 7 tiro S� IMP IS 1- 2500 FOR ASSESSMENT PURPOSES -0*8. DO NOT RELY ON FOR ANY :Oi - 34_ a• 4103 ST. 330` SEE 'MAP 18 .1 -86BA TOGA VIM SE V4 SEC11 W 4 25 TIS' R1W WASHINGTON' , COUNTY OREGON SC¢L.E r 100' m 140 EE MAP 5 I u'3CO 104.14 i200 2 1. S.W. .t0 22Otl 2806 h 2103 to S a 23 j\ 24 ° y� gyp! ii 26 N t/4 :4E1/4 oT1O14 33 TIS WASH114GT01J, CO1113 i Y OREGOW SCALE 1 "" t001 r *00.0) " 1i °.kA.1, 702 a 3oi r 3400. $j ■ZZAa, �p I I 0.3 _.._ --�Lt 0 7. ,I. �M. 1 1ni •,Cj �.'.t _.-,IS N6an � SW p .y+ as r G,Mi 076. ' L®L S T S11 � ��. 100 a 1r.r 00,5 - toa, 1001 000 E MAP, 1 338A 1300 MOSO 110.10.a.a 24A0 , ' 2900 3000 3100 • 3203 350o 3301' I0.) NE: i 4 w /4 SECTION 36 T I S rfI W M. WASHINGTON COUNTY. OREGON SCALE I " =IOd - 700 100.03 O. �'� 00:00 4e' 190.09 SW- ca-e,. ustesore 3 10c ...s0 ._2 essi 103 1800 1701 1700 1601 1 1500 e • 1 ° ICL13.6S3i 100 .� SOD t a A' C .... .104 3 - 100.011 1111 2401 1 2400 i 2300 "u 2500 2402 it 0 1 'so so•1 1e ..as 5 es•«u Cor4rc. seee4s'r LOCUST STREET - 100,. 2 -aeas 2800 3 12700 2101 2600 z - V 2 1 1>,aos 2900 3000 3100 3202 3201 3200 4 x _ .as• 6 MAPLELEAF STREET 1 os 1 ds zer4a'c t10 3 2 + 4032 eoo 1 0 — 1 430;x. 4200 +bi00 40004C'J2 $5003591 3900 • a 34� ' i 33016 I 1 SEE Map - 1S136A0 1 0.03 01405 100.03 - 100,. 2 -aeas 2800 3 12700 2101 2600 z - V 2 1 1>,aos 2900 3000 3100 3202 3201 3200 4 x _ .as• 6 MAPLELEAF STREET 1 os 1 ds zer4a'c t10 3 2 + 4032 eoo 1 0 — 1 430;x. 4200 +bi00 40004C'J2 $5003591 3900 • a 34� ' i 33016 I 1 SEE Map - 1S136A0 TM 4. isi AtIrrESV DATE: 14 • 1' 90 ,.......•fir ;.�..,. 1-41:14413 tigr rd Planning Department .. POND #6) A request for ' Lot Line ' Rdiustment approval tee add aPProximately 1150 square feet to the north side of tax lot 4103 f flue south side of tax lot 4104. Also �r4equeated 10 Hinor Land Partition a roval to divide an aPProximatelle 1, acre site into 3 parcels. Two parcels will contain approximately 7,M b ; sqvAre feet each and the third parcel will contiittn approximately 2.;61 acre. g0NR: R-4.5 (Residential, 4.5 units /acre) LOCATION: 7531 SW Landau Street (WCTM 181 25CD, tax Iota 4104 &4103) Attached is the Site Plan and applicant's statement for your review. .From by departments and from other O f report 9 recommendation will be information supplied � various de artsnents and agencies e i$,forartat3,.sn available t� our staff, a ge rt rsnd reoc prepare4 and a decision will he rendered ed on the proposal in the near future. wh too comment c this applications a by ; o If ' you i �� a 1990. . You way use the a p ac s provided below or attach separate letter to r e turn our comments. Ifo u a e bl to res nd h . the ,o dtec please Phone the staff con tact noted below w4th your Comments and confirm your .:.. comments in writing as soon as possible- If you have any questions regarding this matter, cc tact the Tigard Planning Department, P0 Box 23197, 13125 SW Nall Blvd., 'telgard, OR 97223. PHONE: 639-4171. STAFF CONTACT: tleggy c_f fer„_, ,. _,,,.:- PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: r7e have reviewed the proposal and halt no objections tc it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Ummosorrememo meosommosiownftv asimmormomsasro .irirrnvrad '� Name of Person Commenting: phone 'weer s b m/MLP90 15. N • IFXC~ TIOH LIST FOR ALL wPo EQ e .G.--(2 copit a ) CITY DEPARTMENTS ENTS Building 'Inspector/Arad R,. City Recorder s i!,ngineering /Gary .A SP1ECIAL l IS CTS' Fire District (pick -up box bldg.) Tigard Writer District 8777 S Burnham St. Ti cyardr- OR 972i', MMtzger Water District 6501 W Taylors Ferry Rd Tigard, oR 97223 AFFECTED t1SDICTIONS Weigh. Co. Land Uae & Tranep. 150 N. Pivot Ave. . Hillsboro, OR 07224 .,, Brent Curtie ®min Martin ,,,,,_e,. Joann Rice Scott Rind red Eberle Mike Sorreaon Jim Bendryx 'City of eaverton PO i3ox 4755 Beaverton, OR 97076 ,.�._.., School Diet. No. 48 (Dsavr) Joy Pahl PC Dot 200 -Peavertoup OR 97075 School Diatriot 23J `Tig.) 13137 SW Pacific Hwy. Tigard, OR 97223 Bounary Commission 320 SW Stark ' Room 530 Sillabo4o, OR 97124 ..,�. METRO 2000 SW let Ave.. 7Portlane, OR 97201 - 5308. DLCD (CPA's only) ,17E Court St. AB Smlemr OR 47310 -0590 Other tat Highway Division Lee Gunderson PO Box 56v Beaverton, OR 97075 • • . e e .. e e b e m e. m e i w. of e. 0 e a bb a of • r m. b m be or ye e b • ... a • ,; • 0.4,4 ire • • e e or e a b • a e • fM ere e • . • 5. SPECIAL AGENCIES Mike Lutz 12460 SW' Main Bt. Bet[verton, OR 97007 NW Natural Geis; Don Thomae 220 NW Second Ave. P l:,` d!; OR 97209 Portland General Electric Brian 1ore 14655 SW Old Scholia Ferry Beaverton, OA 97007 Metro Area c...... n ,lotions Harlan Cook Twin. Oaks Technology center 1815 NW 169th Place S -6020 Beaverton, OR 97006-4886 West Pete Nelson 421 SW D ',k S t Portland, DR 9 "?04 TCx Cablmviaian, of 0r o pn, i.n�r • 3500 SW Bond Portland, OR 07201 Aerox9uticn 000Z ... Bok,rel of ealth on_ tr Ida . cif n iz o of a .3,t E Aunt mCXES, 0640. cif ' EfgLxieera3` Io+tt 'Office Southern Pacif i Tranaportation.: Company Duaiwo tie Forney, Pt &° - Project Engi iiecr S!IO NW 5th :Avenue® R. 324,,' Urx..ion M Stetiofn Portland, OR 97209 LP go7(901 S 1st25ctl-038e0 . e • 0,11 • efr 41 4/ 44, 41 4/74/444,110.4,14. NIS 2 JOHNSON, .LRN0101 0.4711LDT4 9840 SW 77TH PORTLAND r FARD SW A Blvd, t Box 23397 Oregon 97223 - ' 1)121t) 971 00/r/ mIt....5. 9e 77..0oiz...,. e - , is3.25d),.Q4901 .., _ • a ■id • tio e • • 416 • 4 s IP 41,11. 4.'" ' Stiff "0 10 .tit PROPERTIES INC 9011 S ,11,11*'' HWY sp4ekeft/faci4Peo: ' w suAt-riimispAts PORTLAND 9 5 c414 ett . . . , Apits.,,,, .. 1"141,1tti,,,, IN S1K ;CJ1A:ti 1. AWDAU IMAP.Et EAF 'a a. • ClOARCRE. Rd STREET 4C 4 ELMWOOD 11011 gi* ma WI' /144 SHAM • oleo ii aaa k • , 2 Parcels idrich include the forested land Aare the east fork of Ash Creek comprise W. Development of stiincture:s and land divisions he this spatial wooded area shall be planned and re:4mnd amides' the Type U. review provisiont of the Community Developenent Code. Because of the importance of trots ond ocher natural vegetation to the elildlife habitat and scenery of Om cam- development shall be desigend tc minimize the area &Andrade Oeveloprnent approval shall not Feennit removal of more than fifty percent of the mature scowling trees (sit inch arrameter or greater) iunless.denurrstrated that removal is necessary to permig developnent of the site at the *mid density. This glicrmosmatirm itiviermi-ty the review ' ensure that the *prime lies voila dim flerinlity provided id. inisemeal Develonsent, provisions of the rade tur minimize rammie Derelopoonst pi and daring for stractores Shan mosialle for ‘-ztazimuri retention Of Waiver turium.- r.„ • - • S • • Ib additieini street crozengs of the Areas, except kr SW 74th Aiseasse, shall be petiCsiitted within this Idea of Special Czaratera. ..Cface die P...4irtion of this site east of SIN 74th Avenrae. is midis a padvmdeficient area, public 4401 *lice use of the part allont the creek ski he considered during the dew/apnea ways, process, in cowdination Wide the aporopriate park/topers Apace managing agency. ,14 #skausir /1474 oF Coave0,exi Poeifew APPLAMAri piaryt oho my t a. .`!�t"' -+. ?M.WAT1Anar Meallti f*lr Pl .LMAN11ti, MIN MK P ornv W , �. ,,x'«n11Rrero +pr►}p ►e.eela, , WARRANTY n51eD aTAT11Ti1Alf POISI4.liwAPIVRM, WITU WAIF AP D1t1Ad1:0;11 IT IIADIvnWAI AIIIRSINVIOS .aAMTlfI POOOL.a.,..OURNESS cc . . ......,., y AgKEVI ' Rp9I M , ., M Y, : �.Ofaalfd+, , 1 not as forunta In comniot1 Sof with the iihE of eurr rolehip, their awl& EN, Pitt . of the survivor of amid a►ili• few Ow_ loilowIn described real Property fns from encatmbra a....rcept a .raeifoallr wit forth hooni4 situaed M WASH NGTO!1.,.,.... ., Comfy, °rgcn, tort: SEE ATTACHED LEGAL DESCRIPTION, ATTACHED HERETO AND THEREFO9E MADE A PART HEREOF Easement for utilities A sewer line recorded 0/1/05 as 7se 005020101 ie Easement recorded February 14, 1077 in Rook 1144, Page 377 Restrictive Covenant recorded August 6, 11.t,.!. s• Recorder's Fee 082019989; Agreement recorded 8/1/05 as Fee 085019190, A reamint recorded 9/13/85 es Fee 09503803E'; The said property de Ira from .11lencurn I+ anairo s rpt '' tN. subject eerie clef ' � Mtit�eo o.espE ' wb jeer to the etstutoryp'awters including the power of essesemunt of the Unified Sewerage Ape e rcy ;Right* of .ne public in and to any portion of the propiety lying within the boundaries of roads or highway's TM ICSI ADYNI O%! rRAi,nVO■ano. la 1 941900.00 , (Neer oompfy with the rsa'uiivrnlott to of OM MOM 90. 2.8026 t ,,. .44I4I111...411 ..... ..............: ..4.1.1.11..., N. ,. Y....... .. 1. i .r....f.,Y.,,,i.....Y1i.ifi141 f.;. 41 ..f.I;.f...,.., ..... ,Qi ... .. ... ... .fq.11 »I.,... ...f. ..f.. . a. 1.. In... If... 1/ bU,..,; i.. bi .... ........ .... 1....f.,.i.. .... ....,.111»1;. U... Dated .. ,10V0 ..,J If a corpo fir. el Icy Its olliceres done by order of its board of direct + '' THIS IN /TNUMINT WILL NOT ALLOW USE OP THE PROPERTY RIIIEO IN Tills INITRIJMINT IN VIOLATION OP APPLICANLE LAND USE LAW* AND NEGULATION.1 PI /ORE .ZONING On ACCEPTING THIS IN /TRUMENT THE PtD ON ACQUIRING CIE TITLE TO THE PROPERTY Va OR CN PLANIGDNNET O r APPROED ban. pi M Om rem a ley. Ai Oh'Itr w of M1.awfwee ma s«lAcf 9rATr OP ORECO". carMPid Washington TM, Ineirunrn0'1vU eatote lladpd heists 110 on • I Roa+tY, Ai!; ;iAiirneca Y .�tN`y . 0 t : aa►d Sc fir Oreden fe�AG) I =L rr It aw aide a and saki al■ 8. Curnes STATE OP ORLOO County id Till, inerrunwni wee eeAnewlilt. d lamas one Mt Is l'T as 'II 9A bog ream no 4; .A.•i Rx. ii-- ,.,,. .... ".,,.,..,,•- .... ....,.•. l.,l l.iiirl SMAR MN Il 1 Nrl.i i.., ii M {.;1,.., N .rf.,u.. +Nf , m1. /.1 11 f..l........ 1 1..1.1 , Th mea.R .A nders r •.w-eY.11 A.a!IM.. i... wy Y�e . Kev�.n. R t.. Simon ■ N llAblf H.L.b +IN.11U tALa.AEeiiri ■ +,. �� e, AAINle 1Mahil•e nuns 5S; Thorns*. CI Kevin . S1mQn• 11»11..» .u...i..._.,. • 75255W,, ,Landei, StF,A • Tip .1ard- .. Or,97223 SA i:...«.. *"." l..,:.wl,..i...«« NS,Aeerlre. SIP -.:.- 1111 -:1111 1111. Mskims* Kevin .,.9inion� w flpl+ f I .4.11141N.W.ff »..YN:LN.I1..ii wN 7525 `�j Q1� +` ry ., S..,Landau Street i.. IW .,.......•.W..e..Mii..,Y..+M1N Tigirdi.f0r.....97223., w.1..- i;...,.Nf,H,,. »,i:,, AMMO IMMUS.III! nt•r .. . . ._ pups Paleew. re INIeesNRfe was arArs o!e ORikGOrf, County of 1 certify that fM within Instrument Wee received lot rw:'d on ft* .N.....n day of rrp�... , 10»N�N,,, at Y,11, IIINN.faNl, O'I'?Oak N.. hf■, and recorded in hook /eeet /volunr No on Was :.4..1444 NNf .f +•11 or ae I.e /lie /intrsr• nwnt /milmollimjnoeption Record of Deeds of said county. Witness my hand and seal of Ceunty olllsodi f f 4Yi N» If.Y»..4..». f.4. /f 4 Y.n ».:4Y.w444..411.i11» Y i»4Y NAMs i1Ti s I ((0002, 4 A' AZVIRE0 EXUIET "a" A tract of land in. the Southwest ono- nuartor of Section 5S., Naehington County. Oregon. being a part of Lot 33, tract 1 Township 1 Aduth, Mange 1 Meat of tape %1il�,atette Floridian. �/ , WOULIMAAD wcionm, a duly recorded plat in maid Washington County and being more particular) described as follows, segianin at a point -on the East line of said Lot 32 which bears North 0 degrees 34'19" East 108.00 feet from an Iron p! Pe found at the Southeast corner thereof; thence continuing 0Orth 0 t� ,r degreesli34'19" Factr along g8geld Lot 32 best line 71,04 feet lien_ of meld " td eg. a sl25181" West, parallel with the South ance,of 115.00 feet;.thence South 0 degrees 34'19! West, parallel, with A said Lut 33 East line,7f,00 tsar thence South S!. degrees 25'51" last. parallel Witt the ,. 2' 15.00 feat to the poi'nt of beginning. ®auth line of ewid Lot 2 a Aiatanor o! i COH% 1 Poo *ooseoar �' »Oo *Sot; `3882 OS /311 /1090 O3i ios 37'!!! �. • • • • •4 ;44 1% p maotalowy s. woe wee $ 80 41, r 48 , ammo* rag St.*Oresi KNOW AtA f ?NOR IWIL11.311112, That i ... ,1011F.FIT,„11., DIMNESS. .. . ,„ 1444 ,010 est oo go ..4•1, se.ssiso, •.• 1st 4/ ,,, ,,, ,, , 1.1. .....1, 441 .114 .... . • hempfriatior nailed granter, for the ennaktemtioin "...rigor/la Waled, glee honlby ronOwt, release .... walteletnt units .,11110011t2 C. ANDERSON, . O. qamows not ss tenants 4p cmemon but with tha rights or survivorship limtehtatter ailed anushe, and unto grantee's helm, sameesenta and e.ssalins all at the rirentsa's ttdlif, titte and l'atHies. ki that aartain ma! mood? with Ms teneinsnts, listedliarnonts ignit otaurfenanom therounta belonging or in any. who appotleinIng, situated In Ow County el. ,MAANINTON „ . Sidle at Orotri, elowceod ra follow., larAtt DER ATTACHED LEGAL 0E801:PT:ON, ATTACHED wow klo TAREFOk NI A PANT HEREOF RECORCED BY STEOART TITLE AS AN ACCOMOATION ErNLY. NO LiAstury i$ ACCEPTED FOR THE CONDITION OF TITLE LI FOR THE VALIDITY, SUFFICIENCY, DR PPM DI TINS DOCUMENT, .4 44, •••• 1 HD PATO INTIONCHLI• 1011Mb, Ar.alIPHON ON 110841 11011 ro Nara and So Held the DARIO UTHO thy witti eofr.dios and lit 1111tIell :101111, auccarattota and attains Morn. The hue and collard eataid•ration paid Inn this 1141'4M Pram, in Myrna of &Ham • CLIJoworot, tits actual eanakl•ration eonstais nt or laded.' nthor nraporty or rah* ilryn or prontioed wlikb to rologfeormIlnn timflonla *filth ),mtrati mower, nohow' Oho ertedtotaaii, it no opetimwthottositt ho *kW, Oa nine pho) In kinatneina ezzd, where Ohs okrimiaa on tontsiook Si. e sinfialat imitation the plural and all jrimaneitral changes ehait ha gni& in that thin dull shalt an* squally to trupotaiintra find in In Wiorteros,Whoropl, the grant° Orli •116111101i thin initivasent Si a corporal. banter,' it ha. tattand tea name eb be tfriarlii divas; ■atri al , duly quitio;isint nisi•te by crtder el hta board al dhationr. • . DV. v • • I • • This HeITTRUMINT WILL NOT ALLOW USE 07 Vila TIOPEN* 0.4 lt"girli*". "*" ••• 'ft • •"••• DCRIBED IN THIS INSTRUMENT IN VIOLATION OP APPLICABLE LAND va. us lanouvmuu VIE LAWS AND REGULATIONS Str011 SIEVING OR ACCEPTIND .4 i . i . ii 444454414044:0444.4.444044001 i 400444444.1 imoisiair4:444444.4.4444.1. THIS INCIRLIMINTs_ THE CIEOUIRINfi '111t TITLE TO THE pkgranat mamma smack mare T 141k. cnt out COUNTY rLANTONO OirANTINITINT vkikra APPROVED is "' "we" i . . iiemiRme no.1 st.aviaot io s eataftp114 •.,re)fr2tss..444, telij tiA, TAM arri totem stir 4•11 • 1..4 440 4004 .4 410 W .04.1r41.444 '0 414 00414440 a•... :$4 _ 4.09, ORAL) i:s; arArp OP Ong0011, se. Cor;lir. , iii i TM. Imemumakr. PWC searipoorly4441 Salem mess 4004.04,1 44404544 44544441,44,045 44444 444444.•••••44.4444.4044100.40.4.4444.4400444444441* i i 04 ,4 4 44 44.41444 04040 4•4044404.4004444444.444404444441.444,44.44444.4444•4444444.444444410444414 4515.1.5.1,5.54,15.. 14 404444 I. 44...11,1,1,.15445*.i545,15,,14...5..H....4.54.44 iii 444044 4 1014441 4444440.444.14.4401.4444404.4441414..044444.441.44440114401 44141.4444.444,444 041414441,40404.44, .44.444.44441 44044.14.41444444.044444 10,4,441 4414404 4.1 04i Ifeitaty habil* kit Oirifiet (ORAL) ansetodirn orggent 1414, 04.4 •+ 144 • 404 411 4.1 • 0 114 0.4 4445 4 I NAN/ r•ia 14.4 45 5 is•••04.4,444,44 4. 4 45,15 44440 •44.* ,,1 C. 'salines to llama ? if,e4,404,tic/r 5 6 - ,441,,Yek,e/ 44: I txy ght rd7.2 imiskamkrikreirmogiin kitokok Ake amigo ail. ammo* main. .41Mone 6v)reo, 444,44,41.1 44 414 a 4 • , 40.154 45 Oki* AIDATIVIIII VIA . • • .4 Ailiegrremiimeirimostimartmaissomogs IpA�I 01111111 3/441 11.43/49.. arArx Oft Ottitaatil II C�unly of. . 4 i■ 1 4+ 4 11•4 8i4 (*Sty Mil the within Matto, Mont ass .tickaYaat Ioi oroull 04 the .tisy at . . o'clock hilornd.0001.4 In tionar/t01/voliame. Oaf . � as ihitionorit/to/tlio/ totriiitorolkoritilm tic ...„ Itinientd ol 11.f. of iroart roW niy. , 10000t no, hind 00 oat tri Cut* irrillitit 4144. 4 14 1 .144 .44 4,44 4.444 0 • .4 ‘011 .4. • 444,41 1 0144 41b1Pigir .1 41 44 444, 44,4 4444 4,1440■04.1.44. 11,43/4 14t.Ca • $. I, • •1, • A J 44 1' •3/4, a 3 14. 71 P4,4 .41:3 ‘,1,1 - ; ' 4 $"! AI; 4 • • •:.3/4,,T 444 .1 ENNISIT "A* A tract of land in the Southwest one-Otaator ol Section as, Township 1 South, Range 1 Nest of the PilIamintte Meridian, Washington County, 6zegon, being a part of Lot 32, ?ran 1, SONLSViuto NatONTS, a July recorded plat In acid Washington County, and being more particularly deserlbeit as to3lowat Beginning at a point on the last line of s' Lot 3P which beers North 0 degrees 34•111" Must tom teat gem an iron MP, fennel at the Southeast corner thereof; thence continuing North 0 degrees 34,1t' East along said Lot 32 Scot line MOO test; thence North At degrees 2341' Nest, parallel with the South line of said Lot 32 a distance of 113.00 feet, thence South 0 degrees wire West, parallel with said Lot XI Rest line MOO feet thence South St dogma ?VC:" Past, parallel with the of beginning. South line of said Lot 32 a dintance of 113.00 font to the point .4f ;■''' tNNti 0 r�i U�,�ru ?'dyl I«`7r1�ra�'!Yldkl�� %4ML`,1R.W?Y :t�'td4a1 tfa>tl4i`k;IFA%iaalki � �� ^•,r,.- �.x•1lY d."`«YMrrkY;Sh')w:1 Kb:NIrrJN v�s?U ��"7 �Nt�ar ?YYi"•'%i'W�i:�wY!�, Yyyaarlsr eye• Aar ,^ J :JS A r: .«.e«it)•r,", 0 t WA 'd Yt , ry.'t d thri "4 '414:sV??i :ri .tl", •fY. =" ' G.�v�4;,x`Y dif. Am � �. r,� d } r • 14 s b �. 1. r1:..n+T.t;-; YIP r s it '1'1' A r. r- ufizrs fa xer+rncM a» i,t.. .il Y Y l x xNhY f S A. nM. f�. l4YA :'r,fry,,:la(<.'YUpA;.,•.t„•ti1. .,<•i U. �"i b Sad p�ea:�y >r,�r.,..,. >9 .U,•..,rr:'r .,, !xr��j�,.4 .r�S. 1 �JLr9�C. ^IMri tt7..,,A. Y?f1 1 -?kai �r.NF 7r �� - • , ... ,. •. ;. .�. , ::_w/- .• dM'-. a .ik�4Rl "•JrTJ'.;ir r `f! +7A• :4:, ,,, Rlf:rt�tt i . .h .. ..+iM' _... 4 .,,a7.'CK...J ?r..ih4 k..,Y.4i."t..I. MS.N• �n,xry,' .,.,Agra 4ha »,,,, ?,.6y.r,a.p;,.9;i+, t.:,. •�S �aF:yS^IkRLM» .aIrM„J lA,w'4h1Tv, x'•,,.t1.. ,.,. >a":�.�..:o L w ? ?c.4'kS' ° -•. , -: ,.'., - i Jl „' �... y i�3;r' 4d'.:"4.4 u':'YIGra` S4Y sY."- tL:'Y;ro .4r.'w,r t7rv.:,P?ts;.. ti !ri,N''A: pmaar,.;.4'a.xa :�+i,wMxMRiar!;wtiC:; "..- Pas�k=• r' Yaar:. xi+{ ��r;✓ rtir�s« at' tl +�a':r'.^>b° "'Yaar:�'k�rhr�»br, 9:a4.:yc.'n „.; „�.,- •�- +,a.rxNw'#rr'4 +A'�i., aqua: S:',. t' rkrF ';S�:c.tgx�M1rr'a'ra;,"k` -.,.cm w'r.•;;:fiP'�; ,' 1 .,.1» L;d'IM.; ..,r,4 . a l.14 ;F IP:kM!r,;in4 e a fi e k 1 Rx ... YC S SN ' 4.,'+ %m + ", 7 #n.tY r: 44 4K""k 4 ".Y1Kt it 'Vt. V. S: a l ? -, llaaaw * :? Fa •A= ":: Nxaa} r 2, ::in tai a:a3Ait;TP'Sr/ rApfr;, ri;t; ^:ar..,�..aar »a .at„ act:sG4 .Jl«J .:'411 i r�.....,,�G- Jyr: °:::wB>is 9�> r91' �C, ^'.'✓«�:�p:= ,»r+i':s�� `"rJY,. ■ ..44 *YSM ,1', -.W'S 5 CV:: 44,4,1q1. , ti ;.,,;yn , .._�.... i,,.�... ;'. „ .,... 'tlfr• -n „k .a<.,,r~:,, ::. Y'.}t rl �1.".t'!_ �.,.Y. 7 rEpOf T,TL'WE , �1 F 't 5 CASE STATUS a Cir. by (feast a Kele , II CLAISSIFICATION ' a, Criminal o No Crime Cummtlteo� t Monastic., rRlD,ej QAPPROPIUATE CODE TO BE PLACED IN BLOCK BY NAME) T r " e-'5ned .1-Subject M•Mieeinp O -Owner 22 NAME F•Fl ndet 23 DOB mo�f'dry 27 RESIDEW E PHC{ 1 ,I 7t BUSINESS 40Ni 11:1 Female 1i BUSINESS • NE vest 17 RES • ENCE ZIP Codt w mmov OCR tT10,, Fiat .1 k.k e, Y s�✓' • % • • INITIAL f'1QhIT Bob, Buz 9? ?? S1r Portlar M PAT _.,. ,.,r1...��•., I..r 4r�.i �4J.. `M. Vin^ OA A ■ . 6 00 1'' tip. t 'c'. . 3 • tIN 011 b t9 a. N Pi I45 ` t Q,\ 50.0 200 800 1.09. . 54.13 • L . jty� A'1 !t i ' `'� i per w r -; � r • r�'.' %� 3 0 �.. sb.b, 9Z. t: /- ■ J April 16, i9c2 Bob Burneae 7531 SW Landd%i Street Tigard, Oregon 97223 PE: Extension of Approval Period for MLP 90-15 /MIS 90-10 Dear Bobs royal period �� 4� P 9�9- .... You have submitted a request for extensin of , in the approval to allow additiana time MIS 4 0-10. The eat ®naion has been requested sal. The final decision on this to record the final plat for this props application wa� issued on October 3 1998 and became l emir. decision ec April n6,ctober approval period 16, 19904 the original 18, month ap,., � ,Cwe the , planning Division to Community Development Code Section 13.162.035 allows partition or lot line adjustment extend the approval period for a minor land p that: 1 j there have application for one year subject to the Division = sit w / dg� e't�ent plan; there t been no changes made to the original approved pe applicant intends to submit a final plat/ lot lane adjustment map during the extended approval period; and 3) there have been no changes in the Plan or ordinance provioions on which the original decision was based. Thie Planning Division finds that these conditions for approval of an extension No revisions to the approved conceptual partition plan /lot line adjustment u lee x. liter in icat a within ion plea •�� ve seen made at this time � letter � indi.cates an inter�ati.on t record the plat for the minor partition/lot extended approval period. We aye unaware of significant ant ch gee in the facts applicable ... to the decision such as a substantial ip n®eviei the ab the yparcee ice providing agencies to provide necessary p it ®e substantial changes to the roads which would provide access to the e substantive changes in the Plan or ordinances on which the decision was based No have occurs. °ed since the original approval, with the exception of the adoption of solar accee:.' requirements that apply to the creation of new single-family lots (Code Section 18.88.040)., However, Code Section 18.88.050 also provides solar access' standards to be applied to home construction on individual lots, regardless ardlese whether the lots were created prior to to the eepecific met i.af the .solar access standards. Although staff a u on approved of the �un -created ed lets to of whether the City Council intended solar accessibility proved. but as yet un crest n layout, be rec�uirl�d to be re-reviewed fax it is believed that the Council intended only for these lots to be subje t tot the polar access standards that apply to home construction on these iota. _ _ concludes � for eactensi,ean of the The Planning 1'► %�.�� n therefore that the 90�10 is consistent with the approval. pe��i�od � ioa applieat,ion l�D,.P PP al. let for the initial n the fin p 1 requirements �.vr exte�.einn of the ,� rov�led�for �ainol. partitions and lot. l � !�'h® approval period for recording adjustments. y e No further extensions beyond that p permitted. 93 r'my t phase is hereby extended to April 16, time Pe Please contact _ zee if you have further questions. CITY OF TGARDJ OREGON sin rely, Pry o f velog nt ew Planner cr File is Davies, Engineering eerin ineeria�g Ztieph • i31/5 $W fall Bh ■L� P O Box 23397; i ±ard, Oregon 97223 (503) 6339 -4171 r • • 0ity,, of Tigard Planning and Engineering Departments 13125 SW Hall Blvd Tigard R OR 97223 Re i f 90-- 0015 and MIS: 90- 0010. Dear airs, An extension of time is requested for the above . minor land partition It has not been possible to refinance this property previously 'because of occupancy*, by the leaseholder.` Now that I can occupy the, property an "Owner occupied y� /� �y y�py� i . � dlecessai `; ass these two lots and the improvements. s. �. s available tca re e There will be no changes of the original plan and reeoreia g will be as soon as possible Bob Burners • F W 1A CITY OF vGARD, OREGON PA.RTIrIO APPLICAT_I_ON CITY OF TIGARD, 13125 SW Hall, P6 Box 23397 Tigard., Oregon 97223 (503) 639 -4171 1. GENERAL INFORMATION PROPERTY ADDRESS /LOCATION TAR MikP, AND g ,i SW Landau Street TAX LOT FAO. 1S1 25CD 41 CA, SITE SIZE _.3 acres PROPERTY OtdNE R /DEED HOLDER* pra r.1t .11s L 'R, y ra+ a .^a.S -- ADDRESS 7531 SW Landau Street PRONE 246 -0406 Tigard, 22 ard, OR ZIP 97 3 APPLICANT* Bob Burnes ADDRESS 7531 SW Landau StreetpgoNE 2.46 -0406 Tigard, OR 97223 CITY ZIP �? *When the owner and the applicant are different people, the applicant must be the purchaser of reeord or a leasee in possession with written authorization: from the owner, o;: an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page t o or submit a wtitten authorization with this application. 2. PROPOSAL SUMMARY record of the subject P' The owners of reco ub ject P pro i rt'y request permission to divide acres total area into 3 parcels containing _...7.820 sf N paanals 2.61 . 61 acres (.4a --+ awl and a 1 f— of line adjus•tmen to be added to TL 4103 O 19P/13P Rey 'd: 3/88 FOR STAFF USE ONLY CASE NO OTHER CASE NO'S: 01/.5 / 7-N-704) RECEIPT NO " APPLICATION ACCEPTED BY l f DATE: / -470 Applic ion elements submitted: �(A) Application form (1) Owner's signature/written authorization ( ae *,rte ' `�ex..� n4 a ,, 1) D) Assessor's map (1) (E) Plot plan p e -ap check list) LC CS c,Applicant's statement (pre -arp check list) Y1 250 .ieefi s..) ti 4'.-6) Fi , • L :'s t any variance, _ conditional uses or' oilier 1afld '..use ,cctions , to ire c onsidere- as� ,part of this application,: a,. . �` l i g is s To hale a cowplete applicaLioa you will need o submit' at achateuts . Appl c n � ,� �„,�b�ai�t this aecctribi A, in the attached information sheet 'at the tine ' y,. r-T � application. .. THE APPLICANT(S) SHALL - CERTIFY °THAT: A. .The above. - re'��uest does not violate an deed rests iction3 a �.Y, aged. to of 1osed upon the sub ec.t rci er,t. , :/;` ▪ if the application is granted, this *, 'at�plica�t ,will exercise - the rights ,� V , � �►nc�ition� and' granted, in..ficcord ; nce with the therms,, an l' sub�,ect to all the , c rowal. limitations a�f tt�e app � E the s tatemettt� z; t the .pbot pilari`,� s A]a. of the above 'statements °sad � true; � arnd` the attachments 4 and :e ibits transmitt.d .�hereWith,, •t ..re a applicants . go :acknowledge that any ,perutit ' . issued, rased , on this application, may bey revoked zl it is found that any su.',ih state oerits are false. The applicant has read the ' entfrR contents of the applica�tiPn, 'inwlud.ng • approving the polities and criteria,' and ur,�derstands� -the reeluiretme�ta.t dos, or denying the .applicati-oll• ' m husband and wife) of the subject propert S�.�:N�.�TU�t�E of each owner deg ril 19, 1991 Robert Burness 9777 SW, 74th Ave. Tigard, OR 97223 RE: Permit to Remove Fill in SW 74th Avenue Dear Mr. Burners We have reviewed your 'request for a t;imte extension and reduction of the security required r* the permit. We find that the security could be reduced to $2,000.00; the lfee would remain, at $198.00. A time extension is, approved subject t.o the following: 1. The street opening permit must be ext,cuted by June 3t 1991. This includes payment of the fee and security. 2. Work must begin by June 10, 1991. 3. Work must be substantially completed by June 24, 1991: Please' note that f car this extension to remain in effect, each of tie above terms mug by:the date shown. If o .t be met ° or require additional , call ©u have questions ion�l a�nfoxmata.on, gleage Sincerely, Greg N. Berry Utilities Engineer 13125 ,ail Nall 81vd#1).(DitZX 1397,118 rd, OVeg on 97223 (503) 639-4171 ,.. ., _,,,�r.� --e, , /C` Existing R® dence ost ahltj,. [Page Too Large for OCR Processing] il.tesnative to Z Alternative to iannme h aft Hammerhead 25' Minimum Radius r• ranuary 7,± 1991 CPC #4 Metzger Pat whitings Chair & Steering :Committee John rtBlomgren, Vice Chair 9460 _ SW Oak St. 'Tigard, Oregon 97223 Tree Removal -� Landau Place OFTIG )REGON Pat and John; This letter is a follow -up to an earlier phone conversation between Pat Whiting and myself. The City has consistently supported the preservation a exis,ting trees where feasible. to evaluating feasibility, we typically consider the health of the tree, the ability of the tree to survive during and following d'ovelopIAent, the relationship of the tree to ` other design features, and any Public safety concerns, Currently, , Mr. ,Burnes$ has aPplied and zeceive& approval for two minor 7,-mn 1. Partitions'. MCP 09 -20 'and; M ,P 90,15i creating a t metal of 6 lots. As approved, t. � , , g . The lots c. Bated by the l4LP' a will he the mu 's save the � erist�:is: cedar "''tr +ea The appeal ps��riod for the ALLP approvals rovals has expired. dLegyal , ,Mr Bur,tess can proceed w;S th the �P development, , the tree. sub ecc to the conditions of a ro�ral,� At this point, both the � y and the pp they exist. �, f MMr. . Burne s 3.Lcant are bound by the conditions of approval a the eaist • a X city wishes to chmnge either MLP i= the conditions of approval,. he r*.ey submit a vlew application for review. Mr. Burners indicates that he is considering further' development that Wwoul. a ,n , re lots., The development he is require extending �.'�e roadway to serve atio considering would require dedication of a public street. The public street would need to satisfy established City design Standards, unlese a variance can be obtained. The a :fisting private street will not satisfy the City's desigh standards for a public street. If a subdivision request is submitted, it will need to go thxough the usual review process, •cludin CPO review. hoc hearing would be held ;prior to recess,; in g A lP�l • issuance of a decision by the Planning Commliesion or ` Bearing officer. It may well be P ossible to design a subdivision with a public street thzt avoids the exist, a variance could >ber rues ed. i o �f � design stand UnusUal tree and also meets established design standards vre�., the aes�. s a�rds �, xn circumstances , e the Engineering staff will, consider y the . consider safet , th considering a variance request, and potent. tl for future Maintenance problems usr,��.ls.t of the street, Protection of the tree will also be a concern; if the goal is to save the tree, then' construction, the root system must be protected from adverse effects of p wi g g paving, and underground utilities. 13125 SW Blvd RO, Box 23397,11034 r , 639 -4111 - a i cc: )4r. 'ft at neillyr City 14,AlainiatratOr ,Sr. Jerry Offer, Assistant Planner Mr. Keith Li.den, Senior 71anne4,.....--- NPO #8 14r. FAob Burness rile; !LP 90-15 cd/cpottree • LEGIBILITY STR kt o Paul 'darner, 130300 SW Century Oak Drive, Tigard, said he owns property at 13515 SW 72nd. He stated he did not oppose the vacation of the street, but agreed that the sewer should be brought across to Cherry for the access of the properties side. Street ro erti es to the north o Commissioner Barber asked Senior Planner if the Planning Commission can suggest: to City Council the moving a of manhole. Senior Planner responded. this suggestion war: vl d be proper. PUBLIC HEARING CLOSED o Commissioner Leverett said he favored granting the request for vacation subject to an adequate easement for the seuerr. . o Commissioner Peterson said he 1s 4 confident nt that an easement would. provide the necessary access. u one ss omm Commissioner Saporta favored approving p the vacation; and he agreed with the "previous Commissioners that the easement should resolve any concerns. o Commissioner Barber also favored approval of the vacation, and she suggested that the question of the 'sewer location be taken up. at another time; since it is a separate issue. o Commissioner Moen suggested the oroperty miners in the area may . want to p us options for deal i rag With the issue of the sewer explore the�vario ,, easement retained. '!a',�.��i��fl -. He said he favored the' vacation with an ems * Commissioner Barber moved and Commissioner Saporta seconded to nr ^anerd to City Council approval to vacate the portion of 72nd Avenue and to create an easement. Motion on carried unanimously by Commissioners present. 5.2 SIGN CODE EXCEPTION SCE %0005 VARIANCE VAR 904027 SHERWOOD INN SIGR HPA #5) A request for Sign Code Exception and Variance approvatl to allow two freestanding freeway oriented signs where only on is permitted. Also requested is approval to retNi n one sign of approximately 65 feet and one sign of approximately, 698 feet where the Code specifies a maximum allowable ; . gay area of 160 square feet per sign face and maximum allowable height of 35 feet. ZONE: C-G (General 2S1 1 �?DD ! Commercial) LOCATION: 15700 SW Upper Booties Ferry Roa d ( WCTM tax lots 900, 10,0, and 1100) c This item was postponed at the ,applicant's request at the beginning of the meeting ( see page 1, Ayenda Items Set Over) MINO LIED PART LON MLt ,� - i r LOT` LINE STMENt k rO1.10 �,,,, . 81�.1°1�E;�.,�I T ;��'!'� �. A olouest for Lot Line Adjustment approval to add approXimtely 1150 -squat feet to the north side of tax lot 4103 from lot 4104. Also requested it Minor Land Partition the south secs of tax _ approval to divide, an app tely 3 acre site into 3 parcels. Two rr,,cima parcels will contain approximately 7,810 square feet each and the th K. d p parcel will conta�i n a proximately 2 .�.6 d acres. ZCUE: R-4.5 (Residential, 4.5 units /acre) LOCATION 7531 SW Landau Street (WC7M ,1S1 25 CD, tax lots 4104 A 4103 PtAN'IING COrMISS]0N MI - PAGE � ... NOTES SEPTEMBER 18, 190 w rrA • Senior Planner Liden provided a backgroind of recent a4tivi,ty of adjacent ro rty (1) ELP a roved in 1 P P p!� 1989, adjacent propertY southeast of subject property, t hree lots were, created (MLP 89- 0020); and (2) proposal for partition and lot line ad jus rent ` to create one new parcel out of two smaller parcel s, denied by the Cvunci1 because of , l ack of sufficient information 'to determine impacts' upon areas of spec ial . concern #10 and. related Policies; Senior Planner displayed a map of the area and painted out; the ",parcels' being considered.` He ` discussed the Metzger-Progrnss plan and explained that i a i s not t . . p t the ty. 'i s at�apti ng ` to follow the Policies tiid intent of the plan.boThe plan' deals in part with area s of secial concern. on the map, he showed where wf l d1 i fe habitat and wetland areas are located ' rmi rye these wetlands described the on the subject property. He methods that were used to do,t ne whe and wildlife ds habitats exi zted. It was d''termi ned. that the significant wetland' ranked as 2, , was oOtside of the Furness. proper r recommended i Planner d a i� ideratio� was the street issue. Staff s that apu bl cstre�be. dedicated' to serve, the residences that abut the subject He said 'staff al so recdnded , tmprovi ng Landau Street from 77th, to t';e entrance to the PrePertY to an inter mo- ne4 ne ra at1 on was to have annremonstracagreemetsi ned, for st e roements. He said staff recommer led approval with they coi ii ti ons .. described. o C ommissioner Moe' n noted there were differences in the boundaries on the two di fferent: maps (wall ,gip and the w� � black Senior and he explained ai ned the ro rty bounciarj _tip +, P p Pa PoI ated out the correct boundary serigrau on the , wall cap.- There was and tur na�rounds, the Proposed street i�o rovemer.ts discussion about. p including the use of a hammerhead. `turnar i do APPLICANT'S PRESFNTATI+ d pe Bob Biarness• the P ro r tJ► � owner, .said one lives at 7531 SW Landau Street,.. in Tigard. He discussed the difference in the boundary lines on the two maps. He stated he did not�w� std to joint two p . Pe he owns,, as one .. ro roes h of the parcels is free an.� clear. ear. described the trees on the, subject property. ty. a said he bel i eved placing A hammerhead turnaround might mea losing more trees than P reiously Projected. o Commissioner Barber equested clarification of an area on the map, �a�bich Mr. Burness said was the proposed hammerhead He discussed the problem of water and need for curbs. Commissioner Moen discussed the requirements for adequate turnaround space for emergency vehicles There was discussion about a large cedar tree, which Mr. . if �3Urness said wanted t save i f possible. This would mean designing :- the curb around . wanted to the tree. He emphasized zed he wanted to leave as many trees as possible. PLANNING COMMISSION MINUTES - SEPTEMBER 18, 1990 PAGE Jr: - F PUBLIC TESTIMONY Eldon Eichler, 10260 SW Gr eenhurg Road, Lincoln 250, said he o ' e i s with Professionals 100 Realtors. He verified that the trees on the subject proper y are fruit trees, and that there vids no part of the areas of special concern on the property. He di'scussed the Metzger4- Provress community Plan and said the lot sizes for this project are well within the R.4.5 specified in the plan. 'Thomas' Smith, 9930 SW 77th, Portland, stated that he is Secretary of CPO #4. He distributed a copy of a, letter of r\ 'i *nen ati on from CPO #4 .Chas rrnan and. the Steering Committee. He explained that the CPO is opposed to the proposed Minor' Land Partition ;because the 144d is extremely ecologically sensitive, and it does not drain well. He expressed ressed concern about the applicant's p � filling i in the flood ,plain area where.. a, ..road, is being constructed... He showed on the map ..the 9e discussed his prior experience in race water su f gate management; ,and he � h��sited the im ortance of location of the property i n gtoesti ©��. retaining, as . much natural' drai na as P p g ' ge Pus, sib1 e . to preserve the- soil' ands watershed of the Ash Creek area. o Kevi:! Simons, 7525 SW Landau, Tigard, said he opposed the minor land partition based on the characteristics of the property and the signi rigant water problem. He also expressed. concerned about the skewed lot be%lause of the poor design for water runoff and its connection to the sewer 'He said he expected that every tree would have to be removed during the process of construction of the houses. He further .advised that if SW Landau is widened, every tree Will have to be removed. He said the .residents in the area would prefer to keep tt!p dirt road they currently have. He suggested the sol rati on would. be to pl ac,e .one 3,000 square foot home on the property at it would be in keeping with the large, executive style houses in the immediate area. Discussion followed with commissioners considering the ir.pact of ro to Landau Street. There was also discussion p posed improvements There concerning the. roposed . addition of 1150 square fed t ! of land to - Mir. Simons' lot. Mr. Simons stated he 'favors this addition of land as agreed to when he bought his propert,? but he opposes the Minor Land Par�,ition Kenneth Beebe stated he has resided at 7675 SW Landau, Tigard, for 29 Years. He located his property on the wall map, . and he noted the streets which appear on the map to be thru streets, but which do not go 9 pointed access for emergency vehicles. He said �he� does not oppose the lot line adJustment. He does not favor the PP Minor Land Partition because he believes Kr. Burness plans to build a development rather than one OP two houses. He prefers to see a maste ve off height of dwellings, and �u the sewersb surface run , plan to control th g other issues. e;. He spoke about the fir trees that would be remJved from his front yard if the road were improved. PLANNING CC�TSS1iN MN E.� SEPTEMBER 18, 1990 PfG 5 !: l REBUTTAL o Bob Burness spoke mgai n regarding ` the "swamp'` in Kevin Simons' yard. He said it was the result of the builder's improper design. He suggsted a French drain to solve the drainage problem. He advised the street improvements calling for 24 -Moot width could be built without major tree removal. However, he said the si dewal hs on Landau `• Pl ace would necessitate tree removal; and he said he ._preferred ne ' si dewal ks in order to avoid' taking But' trees There was further discussion regarding the street improvements and impact on trees. Eldon Eichler discussed Mr. Burness's plans for future development of the adjacent: property...and` the question of. water drainage. Mr0 Liden.w. answered questions concerning run -off' and erosion 'control noting the c ndi.tions for devel opi ent suggetted by staff. o Commissioner Peterson asked Senior Planner if there were restrictions for Minor. Land ' Parti tions. Senior ill anner advised that: there was a limit on any one piece of property to creating a maximum of three Pdevelopment. parcels i n any year. He discussed. Vie' ��.ondi ti ons for level :, PUBLIC HEARING CLOSED Commissioner Barber noted that there were many contradictions concerning water problems, filling ; .'Impact on area of 'special 'concern and future A pment plans. stilt would be in 'favor of the Lot , Line develo She said, Adjustment; but she preferred to see tha property developed all at one time instead .of , in a piece meal fashi oll. Commissioner Saporta commented he, too, would prefer to see the the development of the property all at one time1 He agreed with Commissioner- Berber that there was a great deal Of contradictory testimony, Commissioner Peterson said he believed it may be too difficult to develop the remainder of the property; and he felt the proposal under consideration seemed a logical partition , at this time, lie foun'd the to be appropriate, but suggested not be..' r t s �r: of the lots ti l not seem t� ks � t that s3 i d t na► arranted, ewal re ��u red. as they Commissioner Leverett agreed that the proposal seemed to be a logical l way to develop the property; and the remainder of the property 711a0r' be too dfficAlt to develop further after this section is completed. .He said he was prepared to vote in favor of the request as recd mended by, He also agree staff, H agreed that sidettallcs could be eliminated in favor of . savi ng trees where possible. Commissioner Moen' concurred with Commissioners Leverets, aetd Peterson ,j that p � ty , e sub R�.rcels "ot gent of the ro4er adjacent to the subject would f seem eunN i ke l� . and the proposal "r" s a logical pl ace for r to be devel oped�. He ari� i sed that he was it; favor of the h rerhead as a PLANNING COMMISSION MINUTES SEPTE M;ER 1990 PAG E 6 • IL 1 41, 410 Permanent turnaround. He preferred that the sidlwalks be part of ,the street improvements as staff recommended, al though he did not wish to see the large cedar tree lost in order to build the sidewalk. He expressed concern about the'water problems; and he verified with staff that conditions would have to be met to deal with the water drainages before a bu 1 di ng Permit would be issued. commissioner Leverett.moved and Commi ssii oner Peterson seconded to approve the request, with the suggestion to staff on item 11 to take into account an attempt to try and save the l a"rge; cedar tree during ` the' !. 1 di ng' of the street and ` sidewalk. Motion carried ty majority of con ni ssi oners present. Commissioner Saporta voting no. meeting Recess. d at 9 :40 p.m. -Meeting: Reconvened.at 9 :50 p.m. 5.4..: PERIO®IC REVIEW', CODE REVISIONS Sep explained the purpose for the revisions to Code Section Senior Planner i�x 1 a� , (Procedures For Decision Quasi-Judicial) was to clarify t • .18.32 CP � lion Ma�C ng. Qum.__ the appeal process and to comply with' recently adopted Oregon Revised Statutes. He discussed some of the clarifying language. Connissioner Barber pointed out a discrepancy on page 9, #11° pertai r i n to sign Code exceptions, which could be handled` by the Hearings ,Officer. � r tnmis s � r Moew asked f or clar�fi�.� s tion pertaining' rtai ni ng' �o Sensitive ve land Pe .ai within the floodplain (page 8 1 3, #2) . Senior Pi afiner verified that the Hearings Officer does not hear other sensitive l ani Permit' apt scats ens other than those i orated within' the fl ocdpl ai n. asiBed He advised that the Director and staff decide on other °sensitive is s ues such those concerning steep slope94 slope and drat nageweys. He noted that, it needed , tb be added to the languaga in this section. There was further discussion concerning planned developments which in act sense ' ime lands, nds with CommI ssi over Moen suggesting these be d?Yal t.. with in' one hears ng rather than separating sensitive lands. Planner �` r s s g ge g to Senior 1 anner d M�cussed the 1 an ua defining n "Director tod the reason for Interpretations. Pertaining to 18.32.130, he expl a� notification to the public of the applicable. c' i teri a and Policies, eie�� mate theirs is ll'►a �e was discussion bthe cOElr Gtati antofdthe Appeal Period � y t explained p P and the numbers. He limitation of additional evidence Which can be presented at an appeal hearing. There was discussion about the wording pertaining to duplication ation of transcripts prepared at the request of an .individual, and the cost of preparation. S en i or Pla nner discuss ed proposed as ed n otification changes for lot line, aj usnents and the addiern of the prel iminar y p artition plat or. lot line adjustment map as part of the preliminary app can licatic�n submi,'ssi requirements, PLANNING COMMISSION HiNiS . SEPTEMIBi~R 18, 19 0 PAG 'i' i e . t , Di 11111:S.1•111111•111A.••••■•••.■ ,, ....Wk.' 06 i'''-.41 '''' ..„ ' ' ...„_, • ,• ' ,•:, Cilt ,' ,,::...,.;,, ,''',..'''' ' If ' ' ■ .„,'60.t."."7"47- -, ' r , . , .0,1441 .4'..1.,..°"4- 1 ' 1 '''‘ :.:.' ' ihf.41W,'1,61,,,, . =PM isimmeirio4.• r.:',4," ..., ■ -.4.4., oil, r . .. r; i - 0„„. 0"11 ' ,oSit ,• • '' ' , • . • 4 of Altos 7‘i ti‘sir •64.e.*41 O I e.e ,0 •143 c o Zj . m in evo I...I ri101 ,01 .. oil ;11.1t opt it).* .321i1 4t2 *.ot it t 00 o 14, LANDAU Bob Burnam 7531 SA Landau St Tgard, OR 97223 '*ot rC wt- $E ET_; 5 . rUT F STREET < ELM WOOD 2 Parcels %which incidak the forested lanai along the east fork of Ash Creek comprise ,Area oif Spzciail Concern le-. I retopmait of structures and land divisk-ms in this special vmoded area shall be plumed and re'vietived under the Type 111 review provisions of the Community Development Code.. Because of the importance of trees and other natural! vegetation t's the 'wildlife habitat and scenery of did czar- niuni y, dettk,r. nent shall be designed to minimize the area disturbed!. Development approval Shall ; not permit removal of more than fifty percent of the mature standing tees (six inch diameter or greater) unless .demonstrated that removal is essary to pelmet development of the site at the planned density. "This demonstration shall be revievvea,b7 the revre t r authority to ensure that the amlirant has used the f;6ilit�r trorowoseo�i'. �` 'n p Ir fe well . nient design ` of the Code to ininemda�e ra+nctn�al�F h► and clearing for dt nitturv7. shall provide for ma in un retention of larger trees. w4ce additional street crossings of the stream, cvcept for SW 74th Avenue„ shall be permitted within this Area of Special Concern. Since the portion of tiWs.' site east of SW 74th Avenue Is within a park- def'cient area, public open space consivse of iredtte part aloe devethe eretk sb U be l ret rwtievr rocess, in�ic ordination With the p appropriate park /open s ace managing s. • .e n Sept`, 18, 1990 Tigard Planning Co mission Tigard City Hall • -- Tom Hall 13125 SW Hall Blvd Tigard Oregon F crs 1 ,eral arifatiwaan CASE: Major T.and Partition 1.11P 90- 0015 /D.:+.: Line Adjustment MIS 90 -0010 R% [7ES'T: A request for approval to allow ,a .lot line adjust ` be tax lot 4103 and 4104 (see, Exhibit A) c, h da will i. ult in a 1150 square "Loot increase in the size of tax lot 41.D3. Also requested is mbar lard partition approval to allow' the reminder of tax lot 4104 to be divided into three paroel. Dm parcels ' will contain approginotely 7,820 square feet each and the third will contain approximately 2.61. acres. 021 HENSIVE FLAT DESIGNATION: Low density residential NG: R-4.5 (Residential, 4.5 tn.ts /acre) a NFR/1 CANP: Bob Buxness ',531 SW Umlaut i Street Tigard, at 97223 IACATION: 7531 SW Landau Street (WCIM 1S1 255 Tax lots 4103 and 410 2. Background InftTallafzi The subject parcels iee.re annexed to the City of Tigard trough the Northeast Metzger anneetion in November, 1967 (7. 14. 87-05) . A lot line adjust for adjacent tax lots was appLzoyd . in January, 1989. A minor lard partAtiori ash 3.o�t. line adjustment 89-20/M 89-27) approved in January,. 1990 clreated 3 parcels from adjacent: tax lot 4100. On may 1,1 1990 the Distorts designee apparcved an application tar a Y'..�ino tad partition ��a�and i t Line a..dj�u�pstment, MEP 90-0005/MIS .990 - 0010. This &,r- .ision was a to the Planning..Commission. The � is�sic�a'n ove r: tom-ned the decision and old the appeal becaUse the subjec`i parmi ire located in the Metzger-Progress lni'ty information 0) . The Commission Plan Area of that not '� tson was #.�.c�r,�1 cam` '"a9 determined t]ha #10 and that future applications for development of this property should be considered at a public hear sg . ' /M IS 90 -0010 BUIEN �;� ,� 1tE� 90� -441.5 ESS PPM to PreP?i"' -.3;e�' are ZGCI2 f7 Rte$. ,Y�Tax't'h .of t%' ��` pals. � ,�� st;4, a� to �P1 °s-- ` Washington. Vaulty a d ' e ci 1-5 f s Y ]J2 worst a> r oca to the :: p e lso xor,. resic�er� ��. R- 4.5.' Site Inj '. =- ?' A single family dwelling is located an tax lot 4103 pocson consideration. o� far' a lot ].ire adjustment _.. and of the � 2; oak 'tom �t�,�'a�f the •7 280' square foot pals , tie�.�., diameter), 25 , fir '(3 to 4 inches r � � �•' in��s `o►f &AA ser) , '1 fir a (b inches diameter), and ; shitted pli mature Qr ;Fret tre- -'� e � th+a distribution tion cf trees. The std strib 7 acres in this. area including, the sub, applicants own about � , parce3s. All of tax lot 4104 is • located in ASC 110. Via ; necthern portidn of this lot is w and contains a large angle-family dwelling. Tax 3..et 4103 is not located in Asc #10. The a; 1iaa It pra 7 ice' s to � lot lane b�� n an it A) 10 feet to the. n rest. ''aJ' i 4103 and 4104 (see exhibit J,5 ` -ate iY+- ,.:,ease in the size of tax lot 413 • groan 81165 to 9,�, • � ' of tax lot 4104 i� ..r�► ' to be partitioned 3iito feet. - The � 1 containing 2.8 h„e9 p eels , 7,820 square feet • trd � 2 feet are loea i t�ar�es � � �� $�0 spa A- ; s to tx�e Farce o a, of tax � -� 4104 (sae proposed to x° a 'pav ed y an access eerie► 1 1 0 tak lot 4104. The li:tvineering Division following o AGents: Access is provide) by S.W. u Street, a Ci ty 1oCal street with ex.ng right-of-1,0y. Improyement$ ' luritsd to a narrow, 'We11,- graded gravel road. Irtexill street. inprmalerts &m id j. 1.le l wither SW Landau Street from sb� be the proposed street within the subdivision west to S.W. .71 Avenue. The proposed st aaet will rrov de ads .lotS and s� serve a •lati(nal . lots following further Section 18.108.0701k. A �qu>ms that La zpe et servitiO ` mare six xesi den ces be publ ic. two-4141'00 street, improvements f � � ++�pj F t�f s l.d be inatalea slag � dou1d be he 0.1nropleted. i site. The street improvement i development of the 9arc to t West. ^ . 18.108.070.C(2),; salon ho noted r 1 5 wi 1 4 each l of the h � ' w a inin �d =face with width o f °�i "��feet: and nth of 40 feet a;, t < site drains north tcraards Si a ; • • ..•J aM _ � , g �.Yw► al s��r service is �� ;�W�1 extension of � tits : back of the lots. No ae....�. fir is r eI al1�rE d• The Seism:age Distric't, has established and the has agreed to enforce, in Resolution No. 9(»43, Surface Water Regulatiote requiring the on site ors in of water ity facni� la ties or the .Pa ►` of fees f 1X surface water c u of faciliti t result quality facil .t iss on shall sites • facilities that would. bec'zae a maintenance to the 'caty.. Furthermore, the applicont has - p areas ' Hessians ar of hb such : na+tural. dE�r, . facilities and tbei:e are no of this site that are parti r • suitable •for water gjialif • Regional facilities, f . ' i � fees in lieu oil facilities. � ' rewired the facilities, 'would Lam% , t�ie�e �;t�iar� of , .� and less -� • eliabili treatment with �h�= �' Cox a 1Y a fee i i Dieu of the calstrtiztion of cn =sift • water quality �faci.li� � � , haad be assessed. , Division r�eguest'.s that a drawing sl vix�g t ha ex 'iir g The B� �' �� ' If utilities underground v is i ies for lot 4104 be submitted, (including wa ,w , sewer, gas , ', { a%ph+'oir ;r le :ice' 1 i �?r artd lie, thei so, i be ��V3 rain' �i alYlS' G.� new easements. The Fire District notes that i) a turn 1 r requirorrats of the Unite d Fes'} Code mist ,ie instailed !Xt. the end within 400 f ce 2) fire hydrants are required • ,.moo. of �I�u Pla , • (measured around the outside) �� of 'bindings all Ply motes that side yard �a r+i `t` should . be � 18 Street pa is need for 3-6 residences a Once addressed. served the a should ! 30 feet Vick grit a 4 lots being of L31"lt,�1� • paved area. wanted to know which foot County, which of � and wire the jurisdiction _ of th+a cxxxxsned about adequate fire protwacn. CIO 14 has no * "ectio to the let line ju rrt, hOwe'vetr,i th&r have expres.sed the ,fol].cming concerte with respect lard We believe this Igrposai confli tt with ti Plan the City of Tigard i Plan. �>r<r � , r;��''s Under the General . Desi Elements the �tw�o► 7,820 azanuini y' Plan Overde+ r the &vac: t STAFF �9 �i �My,�.�.wa�e �p1 , A • • • •• • .® 0 square foot, lots will violate Point 5, which p lbit7. filling of a floodp "lain` which resul ts in a n& de reasa in water holding capacity. These proposed lots are directly ab ove th6 final watershed approach to MI Creel and have water ant on the surface for several months the gar year. Of. this land will the Tigard d retie Culp nsive Plan , which states the City shall not ally deve.lxvirent in areas having a high seasonal water table within 0-24 " of the surface for 3 or more weeks of the year (page ,1I -I2, policy 3.1.1.a). It should be noted that 3 of the 4 lot to the south (ill) of the propo4ed new lots aregog single- family hang development, with tax lot 4103 already develcped, makiry; all the land whill frail these proposed. lots and Ash Creek dl loped. The ivetrvious (that is , , non -water absorbing) �^fac1:s of tl � this lard will bes• patios) will add to P' ( �S��nTd�3i the amount of t to hold aid retain. This additional kmden will likely result in erosion, sluriping, earth sli. des of weedrenang of fautx3aticn soils w n • of si il�t drainage .: i rL, w�.tt'ie�u'`., the construction t�1� -f �E'I�j whidi would further detract. from the natural characteristics of AI h Creek. US West notes they 'rust be notified a minimum of 45 days before developing .d _ and the ��, wall be � 'to p�r�ai�e trench. down to Landau Street. PQS, Sc-.col Distric 2W, and l,: rth st . Natu z1 Gas have aew the proposal and haven dtections to- it. No other co rd ncs have been rec _Wed. ecl. B. FINDINGS AM oicuisi.a.Ts ppl..icab1e criteria for reviei of MEP 90- 15 .5 90 -0010 irjclude Cc re ensive Plan ..i cies 2.1.1, 3.1.1, 3.2.1, 3.214 2, 3.4.1f 3.4.2 7.1.2, and 8.1.1 and Cot Sty Levelopnent Cub Chapters 18.50, 18108, 18.150, and 18.162. Policy 2. ?,, t :d. (Citizen leer ) is Satisfied because r cfti.Ce *las sent to rzoper y c ners within 2!0 feed of the p� 1, .� 18, and M d 14 A public her is h hell to g . t:h,� rs0 . Qhtreaand othe: intact/5'W parties an opportunity 4o cirwcn the application. catiVn. Policy 3.1.1 , (Physical ' Ai nitat ons and Natural Hazards) will be satisfied of .1 permits ,i of the 7,820 � i ;fit cat lot a soils t must be sum ied i� t� to 1.�►�= issuance is foar � to the Baiklinl Division. 1. -potential Divasi.ai re i t that, tres be taiml to Offset the l S D.PP luzpoRT rirp 90-001.5/XIS 90 -0010 PAGE 4 it 4�► cctisbraints, Theae measures may include aecia1 $ gn or construction features such as rticf of a drainage feundetion or the use of pilings to support the dwelling(s). In addition the applicant will be required to provide an on -site drainage facili -yob CPO #4 has eicpressed a canoe `a that needs to be addressed, here. Tt�e CPO contends that the , , osai is i l►rlolation of CaPPrebensive Plan Policy 3.1.1.a. aril that policy 3.1.3..a reads ...thee City shall not allow development in areas having' a high seasonal water table: within 0-- 24u of the su eece for 3 or more mks if the year...." Policy 3.1.1. and 3.1.1.a reads as follows The City shall net allow development in areas having the following �,.,._ w) }►°t car be shown that '. �i�'XC limitations etablashed and ti proven techniques rel t a specific site plan will make the area �sui t ab a for proposed develassreYt: a. areas having a high seasonal water table within 0-24 w _ inches of the surface fcr:. three or more weeks of the year; Clearly, it is not the intent of the above policy to stop hit to insure that p rhazards are identified ale!. special design n considerations and com tuction measures are taken to offset soil and geologic constraints. A site visit by ealgineering and p ai ni ng staff. aid rant reveal the presence of water on the site in the vicinity of the 2 proposal 7, V', 0 square foot lots. Staff recognizes that water may be went and therefore that, pricy~ to is � ,oe of Wilding �permits, lly .! soil. conditions a be taken to ,e the geologic and on these 2 'lots. If determined to be y, the applicant for a buildieg permit will be min"l � i 1� design and construction features to offset the eoreetecaints. and Wetlands) are satisfied Policies 3.2.1 and 3.2.2 ( �'lt`iodpla].ns Wetlands) 1 because no filling appears to be 'eecessaL";y' to acccerplish the proposed deveelement. proposal viol ►te point 5 of the C� #4 also believes the pirc� '� `- Crcnn l pity Pl n Overview "...whims), prohibits filling of a floodplain which results in a net decrease in waster holding capacity...." min, no filling appeere to be necessary. The Metzger-Progzess Coinunity Plan identifies the site as ae Area of special Concern (1LSC #10) . trout ever, physi al boeuttari.0 are net defined for ;significant ; .,,�;�, -yam such, 'x'1 1 . Instead i�3L.aC$l. featw.� al.l L 1 that, touch c�,. are adjacent P Sys e . t (such as a creek ) are ccz i+ rs�.c� to be ac�aufai river) entirety in their of an area of � ri ern (8to Malibits STAFF REPORT ► 90-0015X8 90 -0010 FORMS 1 .ro rte•_. ',nag 5 ce t W d ra 13 and D). Stiff cooes the floodplain ormation for the ,� City � not have ' 1r :tzger area. contacting t Army O c pb Of Engineer:: to obtain a map &ming the floodplain in the vicinity of the p l and . to have the map available at the hearing. Policies 3.4.1 and 3.4. (Natural Areas) are satisfied because the proposed partition and lot line adjustr is occurring on a portion of the parcel that has been identitied by ar official from the Department of Fish and wildlife es not a significant habitat for wildlife. The r rn*t,ihern portion of the site has been identified as a significant habitat for ;i'..4d13._ e kly the State arid a survey meted by Scientific Resoureeee, Inc.. Policy 7.1.2 (Public Facilities arid. Services) will be satisfied as indicatfed b comments reviewing i les, none oo f whom id:rt fi any service deficiencies. iciencies. Policy 7.2. ] (Storm Drainage) will. to satisfied beoaw e the provision e of an on -site drainaq,e facility will be required. as a condition of approval. Policy 8.1.1 (Traffic Ways) satisfied because the development s a publicly dedicated skeet, the applicant will be .mud to.rovide a pu ° is street cx t - v standards within the vem , and interim 's to i City Ae will be re uirei as a eandi.ticn of approval. Cuter 18.50 (R-4.5 Single Family Residential Zor) is satisfied because the 2 pre:posed 7,.820 r fare 'foot lots exceed. the 7, 500 swam foot minimum lot tip regs:;.remeet. The most northerly 7,820 square foot lot is irregularly shaped but satisfies the average minimum lot width requirement of IA feet. The average width. for both lots is apps atirnately 6a ;feet. Diorellitris ccnstructed Ltri time 1ots `will. be required to meet the setback requizements of the R-4.5 zone, tray 20 feet for tea front, 15 fest for the rear and 5 feet for the side Yards. Chapter. 18.108 (Access, mss, and Carai3„ation) will IA satisfies because the applicant is 'required to dedicate right-et-way and przvide • two-thirds r4itium street introvene.lits to the int a� i� 1 ay as a c- . tiers of approval. In aiditicn, the a i.icant will be required to ... ' around for c .�.i ti tii.�'OAS is .alt f that an of adequate .a.. provided at the proposed a cess, ' thepter 18.150 Free Removal) satisfied because the applicant. *Ili be r`q i + obtain tree roaa]. permit fry the Fl�at�g Divis ion s ix the removal ef any trees. Pee k'a noted in the backgevurd information , the p ost for min ooi° land partition was appealed to the Planning Cori issio . ,' a app3a1 was upheld on the svolnus that the appiication should have been reviewed a piblic hearim and that rot, erougii : rrfott a cn vas ava fable F 141» 90-901.9/MIS 90-0010 MOMS w . i; or woo tcerning ASC 110. It should be note d here that, as a result of tTc oohs a dressed by L.. ghbors about tree reguival as5c ciated with a paePlieuslWowed nuxor- larx Partition (MEP 89 -20/M 89 -27) not located A9G #ZA, rs hington Cobn 4y was contacted in early August/ 1988 determine what s l to Probed: 'the aesthetic and area. 140 'clear' method . the area was :vales of the .� � en �d for poc� recommendal. Ekawever, a: s t:', Ire advised that an analysis of the effect of the l r'' ink on a .mould bE; date, On Zing 18, 88 a wildlife biologist from the State Dent of i sh and spec �aldl�e �� P� e�n�u'x� oi�sion sta��f in.► ��. , ,, vegty. vie biologist identified the pai±iara of the Pte ' and th a Ag'i Creek area as the s :es,>ificatzt bxaitatp A oPPY of the test ,A.9C" 110 is attadhed as EXhibit ASC 110 reqPires that par located within its boundaries be reviewed at a Public ad i\.i anal E i a creek, a that ee atP X11 no ,�� t 1'gE:'�i1�.�T'3c 1 of �'iYJ�"e than 50 percent permit A: greater) unless ®f the �•'-at�'� LLrr,,//'.�TL,' .. .t, � ��/w��ir��s� diameter �i or of the site demcestrated that � M�4� at the planned density." Hern again, it is not the intent to sip develtwent hut to bring ' d vniopm2nt in the area into the realm of pdblic hearings M to 9 � • of trees with �� ' emir of 6 inches crr greeter. minimize �eli1�`i��.�+t�. 6''" ' t �-�. As noted earlier, the northern n poi tion of t lot 4104 is w0062 • to be i re 1 f • neV The , Portion of the petrel ;��'�:� � fruit trees al of nth. hers; tes contains an �t of orchard have dia..�tera of 6 ides or greater (see FXh.bit 180 i+st of the fruit trees are located within n th buildable area of these lots. The remaining fir treeS are smaller in diameter' than 6 inct and do not regulYe appeuval prior to their removal. tewever, the applicant be encouraged to prese.as possible. A tree � the ��' removal permit nest' be Division pri.or t0 e n oval of any trees with . Of 6 ink or greater at 4 feet. 3.ra height. Cam: and fir trees are located outside the 2 propoSed 7, 820 Sgpare foot lots.' Removal of these trees shOdd not be for cOnStrUction. Chapter 18.162 (Land Division: Paititaions and Fiat tin jos i s) Section 18.162. 060 (tot Line Adjustments: Approval surds ) ' of the ,olimunsty Deyelapnant code contains the stmndards of approval for a ' iy lir.6 adjustment, are as follows An additional Tonal lot iE not t creat9d by the lot liae adjustment '. and the existing perm]. races size by tie djus S is not reduoecl below the vimi�.aua lot s �. -]tsl by the appeoved zoning' for that dittricti STAFF' B R dD3.!�� o-0� . 90-0010 -- tl(NESS S 90-0 PAM 7 'e. rA . • 2 By reducing the lot size, the lot or structure(s) on the :lot will not be in 'violation of the site el or ,zaanirg tlistr_iict regu1 tions far that clistri.ct. Int line adjustment. MS 90.-4)010 satisfies the above criteria. additional lot is b date by the lot line adjustnent. . The applicant. appli.cant. is also applying for a minor land d partiti as discussed below. Tax lot 4103 is increased in . size frau 8,165 to 9315 ire feet, thus e3meeding the 7,500 square foot mirginum lot size of the R-4.5 zoning district. No structures oz lots will be in violation of the site development. ar zoningt zoning district regulati.als as a result of the lot dine adjustment. The p' l aust also meette minor land titicn cxiter a of Section 18 `162.040 (Partition A 'rav C riteri) . �eY are as fari s 'gym The proposal =fonts with the 'city's ccurgehe !siVe . The IlroPosed Partitian =Plies with a .1. statutarir and onlizkInca requirements and regulations; 3. Adequate uate lic facilities are available to serve the proposal; 4. All pa: uo e d lots confocm to the size and dimensional rega' �remeaYts of this title; arid proposed - licae .�aq �v�aexate � � �A s. satisfies the above The ,n r� l is or ,will be in conformance with the applicable I iwe P policie . Based o n CCITEilerltS frc m the vc ri1C is agencies,. staff also c m ) l es with stta► . ory and c iiina re jiir� a47 re ulaticns and that adequate, roblic fe ],&tip' ...a ..aVailable. the proposed lots confotut to the size are ,c i l reciiiremente of the L �ndards. ��. will meet City and ap+pl t." le age• ,Street NP0 • A wants to kinvoi which. parts of landau Street are locieeld {'in the and Whidi are the County. Me �a ` of I 4aU - Street bet and 77th Avg has brew amoral, t t1 City. The r ai~n r- of S�' 7�itt1 Landau street. 3s within the CA'AnItyls ju risdicticr REcotavimancoN me Planning Division recomends approval of Major land !�it,cn and Tart Line Adjustment Imo' ' Q- 11015/ 90-0010 subject to the,, fo11(r ' c d iticns: C l C 1S �. ° 5 S E I3 ` 1E PRIOR .� s •;+ •�.r lL WITtl WSHINVIMI COOStet, comrnotis 6 - 10 SEUL BE NEP PP7OR OBIZINING A BUIIDING PEW, , A STAFF - XEP 90-0015/MIS 90 -0010 • ft III I• • LEGIBILITY STRIP catanws '11 14 'SE1ATL NU PRIOR TO o tm OCICUPANCY •u arK3 p tit Ivey p1:?t ` an, ou 1. A lot line 7 befon r ,=haption s 1.1 1 show any 'public �t.Ilr�.ty off' ew r r �di . The plat shall clearly easements.* STAFF COMM. (639 - 4171) • of detailed p��li:� ' plans and profile 2, T� cxi ® drawings ors c W review to -� Seven (�,) �. `of the Etigineeringt and one (1) . construction cost estimate, fllial. review maa shall . be u.'ttied f Professional Figineea", z-- l these plans are in ge,. . to any drawings required by the Building Division � y , relevant ,to public srAVF C ONTACr: John Hagman, Engineering Department (639-4171). • i will not be issued and - ., of pec�'. permits until. after ' ineer,�� • i tents shall not t70r� a plans i 3. 81.3. '� �-�'� li+c `' artm rreunie .. , the • ` b ' �' its W and a street opening has been executed. A 100 perms performance letter of tat, a developer-engineer '' agreement, fees , % , fee � lieu a�f �t fee, sign • on of n -site water 'Engineering , are f the l.a�. �ac1.tlss �fl'� °' Hagman, (639 -4,71) e�,4 -�x d by the applicant,' o .fob • 4 � agreement shall be oy�r� fs r"�"t' =• � �'pl.''c�' re the at' against i waafuture local District fc r ec3 to' incrove At. W. landau Street. w &ice (639 - 4171) �► w • A street right -of - y With a nairai m width Of 35 few 41411. i of the �. 5 to the b along the er�t e l c%elzcat street. The dedication on shall he cn C ,.ty f and instrtiatiO0 are available flan the Eriginel MEP IXtericris (09-4171). 6. drainage details shall, be provided EIS part„, of a *�t �lculatio«s axd a. r, r c r ,o f t s t drainage hisin shall be provided as a s1,1 to 'the 0 improvement plar*s. Cal ]1 t1Cfl s all. be t 4sed on WI. of the serviceable area. SwF CcinA,C)rF "'eg _ Department 116:49-43.71). The applic-dixt shall demonstrate that StorM ,drenaqe,lrunote tan the existing �1�iN'��' �� i ctin c 1(s "L� : F g to eti (639 -4171) . 9o-0015t S 90 -0010 trAttiEss i9! 4 L. intp-thircuic-strest tropeavements„ including traffic control deviml,sc- mailbox clusters, concrete sidevaZ7s, driveway aprors, '03rbs; a 24 ifoot wide asphaltic coracrete Pavement, starm dr-cdnager Streetlights, and .,underground tttilities shall be installed vittOrt,,, the partitipmi „A.\ roe foot. Vide reserve' 'strip along the property line, shall be provided. l*ravemental Shia be deSigrie4 and* constructed to local street -standar3s including 'hammerhead at ',,the terndnxis. enkFri CaiTACT: Gary Al.fiott, gqineering :lepartmerat, (\139-4171). 12. interim stri-74t irrprovemmts, incl.uding a double, tlituminctis ip seal 24 feet in width, shall be iri3tall4d within the right-away of S.W. lad= Stet .exen the rcoposed st,eat within \q1e, partiton' , Vest to S.W. 77th knave. STAF! ccumart Gary Alfson, .FA:qiineertv INIpto, (639-4171). 13, Driveway cuts shall not be icermitted, within thirty feet of irteozwidiv r,-ght-of-Way lines Dar within five feet, of propartY lins,. STAFF 0:Mer: John Hagman, Ent.p.taet,..Luvl Depar..lent 03 Z3P' C /�' D Baia Burners 7531 3,W. Landau Six Tigard, OR 97223 246-0406 fa :' *i I Qi: ` st ,sLI * : ,se' is s ry�t! ..e `V It 0 t LGI 400'11 1' *a Mitt~ s.„t)j SW G. AlICIN STREET LANDAU 1 STREET STREET 2 Paratis which Nsclude c}m forested id alcall the east fork zl Ash Creek ccn1prise- Area o f " ';uc al kern IOE. Development of Aructures and land divisions in tills spec\al wooded area shall be planned. and i,esiiesed stcoder the Type ill_ rcoviisions of the Communl1,r, Iev►' 4rasent Coove. Became of the importance of trees and other natural vegetation to tt wildlife teaabitat and scatery of the: own- nismity, eic:ve cpment shalt be de!eigr to minimize the area disturbed. D4velopnent approval shall not pennn z'yzraovii of more than fifty percent of the mature standing trees (six inch diameter or greater) w+ttess denonstrated'that re;'..- r is pectssacy to permit developi ert of the site at the planned density. This, demonstration sha 11 be reviews• by t►he review authority to e su.-e that wee applicant ioas used the tiexibihty rlrovidecl :a named Develop .nit provisions ' a i the Code to mrnimize re:pov4. DeVe opme 't desegn raid deatrink for stiettutes shill otovide Itiii Maximum ' retention' of .larger tre sw No additional street s rocs igs: of the streinse except for SW 4th Avtsiue, sigh, be permitted within this Area of Spacial Concu+. Snce the portion of this s ate east of SW 74th Avesne.,is within a park - deficient area public open wce use of the part *Jong tip creek sha11 be considered durmtac the development review protest. i; cirdordinai kla the appropriate park/open *Ace mangle C agency. nevem) or pive.s4, ciao Me 400 1 A, ye 1- V1 -J • A MEMORANDUM CITY OF TIGARD, OREGON Jerry Offer c Associate Planner September "1, 1990 FROM: Greg Berry, Ctt- .tins Enciiineerg6 RE: MLP 90 -/S/MIS 90 -10 SURN23S II D22criptions The applicant proposes to adjtet a lot ltro and to partition a 3 acre site int three rOeidential parclels north of SW Landau Street Findings: 1. Access is provided by S.W. Landau Street, a 'City locta street with an existing right -of -w ny 60 feet Aida. Imprc '7ements are limited to a narrow well graded gravel . aaa4 Interim street improvements should be installed within SW Lane mu Street from the proposed street within the subdivision west to D.W',. 77 0,. Avenue. . The proposed atreet will provide accebfs to seven lots and Could sea's additional ,lots following further partitioning. The Code et 10.108.070 A requires that streets nerving more than six residences be public. A public two- third4 street i proremerat should be installed along the western c,dge of Bite The street improvement could be completed upon development t of the parcel to the west. The Code further requires at 14..164.030 A 'that a public street terminate oaith a circular cul-de-sac rather than the dead end shown on thy , eubraittmd site plan,, The sia drains north towards the south tributary of Dish Creek. 4. Sanitary sewer service is provid; ;1 by an existing line al ^na the hack of the ProPove6 ,lots. Dio additional extension Of the line is required. . The Unified_ Serecace District; has eistablia td and the City has a. ,.; ed t0 o ( No r)0 -43) Surface W Ater Management Re4Olatione enforce, (Resolution rec airing the construction of on Bite water quality facilities or ?zee is ,ictu of their construction. Requiring surface water qutil.ty facilities on small site would result in hurilerous f tcilities that would betas o a main' - enance burden to the City. Furthermore, the :Applicant beg hat proposed any Such fAcil ;(4.ti.ee and ther t area no natural depressions or i theL areas, of thi.m site that particularly oui,tab1 :, for water quality daci.l.itigrb Regional ;!acilitic:70 funded by faced in 1io'4 of cc nstruction of thebe fe04Iititia tv-:S w provide the required treats ent with improved reliability ity ana lead' nit =intennnce. GoihdUaslttly a fee ift lien bf the co;astruction, of on-Site Water reality fediliit,Eee ahouid be asbeesed. ENGINEERING COMMENTS - ► tRN0SS III 1 1 90-,1 R mss 00-10) 11,4, E0aax 1 A partition s a vey plat and an outbound description shali be submitted to the Engineering DePartvla at before recording. The plat shall clearly show any piellic utility or sewer easements. STAFF CONTACT: John Bagman, Engineering Department (639 -41' 1, Two (2) sets of detailed public imp7,:ovement .plans an ' ;; to ile construction drawings shall be submitted for preliminary review to the Engineering DepAtrtment. Seven (7 ) sets of approved dg ,$wings and one (1) itemized construction cost estimate, all. prepared by a Professional Engineer, shell be submitted for final review and approval (NOTE: these plane are in addition to any drawings required by the Building Divieion and should only include s &meta relevant to public improvements. STAFF CONTACT: John gagman, Engineering Department (639 -4171) Building permits will not be issued and construction of proposed public improvements shall not commence u ntil after the Engineering rePartment has reviewer' and approved the public improvement plans and a etreot opening permit or construction compliance agreement has been executed. A 100 percent percormance assurance or letter of commitment, a developer- engineer agreement, the payment of a permit; fee, a sign installationias►treetlight fee, a ad a bae in lieu of the construction of on -site water quality facilities are required. STAFF CONTACT: John Bagman, Engineering Department (6394.4171) An = greement shall be executed by the applicant, on forms provided by the City, which waives the property ottiner ° s right to oppose or remonstrete against a future Local Improvement District formed to improve S.W. Landau Street. STAFF CONTACT: John Eagman, Engineering Department (639-4171). 2artial etreet improvements, including traffic control devicen, i ailbox clusters, concrete sidewalk►. driveway aprons, curbs, 241 foot wide asphaltic concrete pavement, nter u drainage, streetlights, and underground utilities shall be installed uitnin the partition. A one foot wide reserve stri ► along the property lime shall be provided. Improvemente shall be designed and conetexcted to loyal street standards. STAFF CONTACT: Gary Alfson, Engineering Department (G39.4171). Interim street- improve amts, - in , uding a double biuuinc , ca chip seal 24 feet in width, sha1l be installed within the ri+ ht of -way of F0176 Landau Street from the proposed street within the partition west to 6.d, . 77Th. Avenue. STAFF CONTACT: ':nary Alfa on, Enqr. Dep`,. (639- 4171) Driveway cute shall not be permitted within thirty feet of int rs vicyht .of,-wad., lines nor within five feet of prcperty lines, i, STAFF MO A."T* JcJihn Bagrnai n 1 Bnginooring Department (639-4171). storm drainage . dotal. vas shall, be provided as part of the public i,mprov Me044, pl . nc b e alcu1ationa ;nd a topographic map Of the Storm draina03 batliiit + 0MMENtrs BURT SI I1 (NLP 90 -10) shall be provided as a supplement to the publi( as Pogo"1 r Calculations obeli be based on full dev'elopm3nt of tbe'� 4ervicea b1e STAFF CONTACT: Greg Berry, Engineering Delpar ft (639-4171). . The applicant p.. shall demonstrate that etb a drainage 111ncff can be actin discharged J'� ntc the .existing; drrainagewaye without significantly impacting ,^'opertiee downatregm. STAFF , NTA : Greg Berry, Eng. ` Deb.. (639-4171). 0. ,Street center11..inc, monument. idiom shall be provided as follower a) centerline iMtonussAaontaton 1) In accordance with Dregon Revised Statutes 92.0160, subsection (2) , the .centerline of all street A1104 roadway rights-of-way shall r®n�ented before the cit y accepts a: street iiaprovaa ent. The following centerline monuments ®h. -,11 be set: A� All centerline- centerline intersection, pcinte. ) Ail. 041 do sac center points . C Curve points, beginning and ending Points CPC's and Monument 30X40 Aeqllired 1) Monument boxes ,onforminr to City etandardd will be recLuired around all centerline intersection Pointe and cul -'de..sae center points. ) The tops of all monument boxes .11��t11 be set to finished; pavement C gvnde. STAiR'P CONTACT: ,eo1'Snn Hagman, Ong n' Depz nt (639-4171). 11. A n erosion control plan shall be provided as part of the public i t drawings- The Plan ah_ eLl conform to " �YOs3c� �cntr� l Plano . Technical p. Guidarc® Handbook, November 19�9. r �TAii+° CONTACT: Greg ��Yb E ngineGriig Department (639 -4171) APPROVED d jIGD t tnlp9O 45 ENGIMEERina Vqirg B SS 1 (MLP 90-15 /EIS ►0 »10) 'FRoMs Tigard P1a'Aing 00Partment NO .,i s f' P ' � I EG a �•t `, , 0 5 I A ,' ik ! t,.... n1, l' �$ (NPC #8) A request for ",dot Line Adjustment approval to add approximately _ 1150 square fieet to the north aide of tar lot 4103 from the south side of tax lot 4104. Also req a .. silted is Minor Land Partition approval to divide an- appr4»cimately' 3 sore site into 3 parcels, Two parcels will contain approximately 7,820 square feet each and the thy' parcel $,;111 �� c ®rt sin approximately 1.61 acre„ . zONR3 R-4.5 ( sidditial, 4.5 units acre) LOCATION: 7531 SW Landau Street VMarK 151 25CD, tact lot 4104 & 4103) Attached in the stte.Plan and arplico.ntes statement for your review. Prom and from be by our o staff, a report and recommendation � � � ndation w 1 information say ��i �. information asrai3��a�'cl,® ®h prepared and a d4alCftS�,Dn1 w3.11 be rendered on t,'�.- I►r ®g3ossal in thou near future. �� If you jai b to cent on this application, seed y y 1390. You may use the £,;.ice provided below or attach a [separate letter to return your comments. t aim dat please phone the staff contact L' toted below with, your comments and confirm your c nts in writing as soon as possible. 14f your have any questiane We+garding this g 33397,, 1,3125 W matter, eot�tAo�.. Box '23397, Tigard Plain �.. gart.,>saaear�t. Mall Blvd., Tigard, OR 97223. PHONE: 639-4171. STAPP CONTACT: �►er , PLEAS CC THE FOLLOWING ITEMS THAT APPLY: We have reviewed tIlle proposal and have no cbjectilms ta it. Please contact of our office. pi lase refer to the aiosed letter. .0.Jc.,,1a,c�.�.L- .xv�n.... C.a.1_ . � � e r•' .,_ ..yam ' Written Comments: . _.., �- , ...��[- �::..�::. ._,: . Tigard Plaing Department Tigard City Wall Tigard, OR' 97223 Attn: 1r. Jerry Offer CPO *4 Metzger Pat Whiting, Malt Steering Committee ad= Blomgren Vice Chair Augest a4, 1990 b NinOr Land PartitiOn 14LP 90 -0015 Lot Line Adjustment MIS 90-0010 Burp , ss 11 Let the record show that CPO #4 Metzger has reviewed the proposal to add apps eimaterly 1150 sqe feat to tax lot 4103, and -- J . �� no ob► �t3:s to it We have also pmeposed Minor Land Partition, wherein reviewed applicant bas proposed this creating two lots of approaciaraxtely► 7,620 sq. feet each, and one lot of approximately, 2.61 acres, and c r 4ect to tiiis Proposal. We believe this proposal ,edicts with the Metzger - Progress COmmunity Plate: and the City of Tigard Comprehensive Plan. Under Oeneral Design Elemente of CPO *4 24etzger' as Community Plan Overview, the developMent on the two 7, 820 s . ft. lots will violate Point 5, which prrohibits filling of a flood planar which results in a net deczemse in water holding ea city. These proposed lots ar, directly above the finial watershed t ppro ach to Ash Creek, and have water ptoaaeent on the surface for several moues per year. Development nt of this land will violate the Tigard Ceapreheneive Plan etch states within 0 a4�oc�f'asurface lo�aoxat in areas having a ig�a seasonal - for 3 or more weeks of the year. (Page 11 -12, f3.1.1., a It should be noted that 3 of the 4 lots to the south 1' phill) of the proPoaed new lots are undergoin single-family he development, with tax lot 4103 already developed, making all the land uphill from these ymopoded lots and Ash, Creek develop. The impervious (that is, non-water Absorbing) surfaces as of thence homes (driveways, roofs, patios) will add to the amount t of eater this lend will be expected to hold and retain. 'his additional burden will likely result in erosion, slumpimr, earth slides es and weakening of foundation soils without the c04truotiou of significant drainage engineering, which +teould further detract from the Mural characteristics of Aah Creek. Thank you very ;mum for allowing us to comment on tbis a liceticr , as per your request for ca tints August 14, 19990E Respectfully FROM: Ti ga rd Planning Department if iIL 1111 7l{vw1�aW��Nae+sar -- -� Ai A @ ®ryy�.M'� �} add OiIW A re4uest for Lot Lin , t J .. 4103 from mi approximately 1150 square feet to the north side of tax Teat 410 �+ south side o..- tan lot 414 also r��c,�aer�t�ad� , minor �. p .�it!�i'�� approval to div�.d,a am approximately 3 acre site �� pa the third cel° twill contain aPproxi It0i 70820 sq: taarr feet eat. Parcel wil l c onta in approximately 2. r1 acres. ZONE: (Residential, 4.5 nni taiecre ) LOCW UON: 7531 3W Landau street (WCTM 131 25cD, t lots 4,04 & ` 4103) Attached ie the Site Plan and aPPlicant's etatement fir Your reviw. From rem information supplied u various departments and ag encies and from other inforMaion availatile to Aur staff, a report ec datien will prepay ,4 and u decision will , be rendered on the FroPosal If ..an wiah to cou na •nt on this a licationr we need yC 1 comments ' s yc _ lY a separate letter to 19�® you y use® the .. Pace Provided a e ®s or d b attach ��e please return Your comments. 1L 0u -a9,. .—. i ya Your comments d +ceatatfiz Phone staff contact . noted below with Yo saai�tea � estivn�► regarding comets soon as pay If you have the Phone nt � 23397 e 13125 SW this matter, contact the Tigard plana'at g Bali. Blvd., Tigard, (t 972231• PHONSt PHONE 639-4171. STAFF CONTACT: PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: Y t sal and hav no objections we have reviewed the �vsoprb to it. Please co ntact of c; 'fficea Please refer to the enclosed letter, Written �`tants lth Name at Person COMMen. ing. Phone fiiumber bkm/I LP90 -il . "t • P e P •0 : -*01 d . IN 90 S SS at (UPO ta) A retest for Lot Lief Md t st nt aPProval to add approximately 1850 square feet to the north si4e of tmx lot 4103 front the south 'b side of tax lot 4104. Also r quaatrAl is Minor Land. partition APProval to i y 3 acre sit into 3 parcels'. Two � divide �• a ro�is�te31 parcels vain contain apProximatelY 7,520 guore feet each and the third parcel will cantvain approximately 2.51 acten. So R-4.5 (Residential, 4.5 nn ate /acre)_ LOCATION: 7531 SW Landau Street (He ti.' 1S1 2500 tax lots 4104 & 4103) Attach , d is the ,Site Plan and applicant's otato ent for your review From information aupplied by various deParteenta and agencies and fro other information available to our staff, a report and recOmmendatiosi will be ePared an4 a decision 14ill be .rendered on the proposal in the near fiat +$re, If 3' u wish to comment on this application, sSi seed Your em,aaaats Amor. .24, 3A 2R. you may use than spare Provided below or attach aan separate to letter to return your nts. aL1 IIMA I.Mg12lea to:. rrt. nd ►v,. tom 11e., a,�.., , Please phno>tne k, the staff contact noted below utth Your comments and c onirld your comae :ts in writing as soon as possible. If You have an ' questiens reg rdiug this 'matter, contact the Tigard Planning Department, PO Sox 23391, 13125 ' SW Hall Blvd., Tigard, OR 97223. PRONE: '639 -4171 ST APP" coNTAtG T: „ A2 ;r,, y a : ...; PLEAS CHECK THE FOLLOWING ITEMS THAT P):,7: : We have rea:vi w.wed the proposal and have no obJections t ;s it. Please contact of our office. Please refer to the enas)1osed letter. Written, Comments: Name of Person Commenting: Phone Natter s.. b]ILPSa0 -i15. am COMMENTS „ J DAB: Ault 1 139® m Tigard Planning rag Depart8 a t $ IMP 90 -0015 .I IDJust _ wa].9toi�alo. � 8) A request for Lot Line Adjustment pp ad agrpa^oxiv:atA1.1F 1190 square feet to the north side of tax lot 4103 from the south , .aide of tar lot 4104. Also requeoted is Minor Land Partition �' each anus the third * rowa1 to divide an approximately 3 a ' site into c�a�1a. Two parcels will contain approximately 7,820 a' ZONE: � �3a4.5 (Residential, parcel will contain approximately 2.61 acres 4.5 units /acre) LOCAT]to'l: 7531 Landau Street VROIM 151 2ScD, tax lots 4104 Q 4103) Attached is the Site Plan and applicant's state-- information supplied by various departments. al information available decision O��.li be rendered on and Xi you wish to comment on this application, woo 192a. You may use the apace prow . cd below oz return your comments. 1 are unab e to , a2 phone the staff contact noted below with vat comments in writing as croon as possible. If you this Matter, contact the Tigard Planning Depart: Wall Blvd., Tigard, OR 97223. PHONE: 639-4171. STA PP CONTACT= PLEASE CHECK THE FOLLOWING G ITEMS THAT APPLY: We have reviewed the proposal and have no objections tO it. Plea®e contact of our office. GENE BIRCHILL Deputy Fire Marshal/ Plans Examiner 503 - 526.2502 FAX 526.2538 475 S.W. Gdffith Drive • Beaverton, Oregon Please refer to the enclosed letter. Written Comments a; ` ......9. e..a: C. 014 **gi4- C.., 4 714 ---*,. LAN C?, t.w....�C..� 1 Name of Person rating. Phone + C'..�.. Humbert . .,C-'24 b►kW 9C -15.5 t ;+1► fir~ L2 1122111.1 (NP0 18) A request for Lot Line AdjustmeSt approval to ad ap roximat61y 1:10 quare feet to than ` north side of tam lot 4103 from that; south, -ids of tax y;st 4104. Also recAtestod is minor Land Paartitioa' approval to divide an. approximately 3 aope it into 3 Parcels. TWo ParoeXst ctnatain approaai tc1Y .. 7, 1320 a aware . feat coach and the third varoel will eon i a atoproximately 2'.61 ac eg. ZO 4 R-4.6 (Rasidentia1,, 4.! units/acre) 1.0cA,z0ms 7,e-31 ' >ri Lattdau : Street (warn 131 25cD, tax iota 4104 a 4103) Attached »a the Site Plan and'. a licant °spa et41;o0ont for yo it review. 'r f ear iatio Oupplied by various '40partMents Hend,:_-.agenciee a gram. - of E r information available to our Staff, a report 'anal H*SOmMendistiOn will 'be p � po in thy+ near future.. r� ed amacn�l . a e�eawia3� ®n r�3.31. F►ae �`�a'de�ad On thg gr� �aat14 if YOuL.miah tO oOmment c n, .thin a lioation, ww ., ., may uae th vP or attaa th a eeiaax' ate letter to you �aa x�t ®. a �a�e o'e�'�,de�;t,� 1bel� return •your c t l � + r ,a ,i t at �p1 ear► n hone the ataff' contact :.,ote�, b0/ 000.:4140,h lettio.':',04MOIsitti. and OOngitn. y as kGnt8 in writing as HSOon ad po 90Xib3, . Xf ya1'T hove any queaatio08 arOlm • this- matter,, contact th • Tigard Planning Depar lonnt,, PO ,, ,ia x 233974 1312 Tigard, 0It 97223.. PH 7i 630.,41.71,;, 6TAPP COACT a PLEASE CHECK. THE FOLLOWING G IT T IbPPLY o vie bravo revia0ed. the prop► ®al and hltVe no Qbjeotiona to it. /please 000tt,Ot of our of f3.oe�. Please toter to th., erec$ed letter. wyb �Y �)a ray-, ,�M� �p s y ' r Vi4 i9Mtan YM,�R menta •wlMWwli4 momall ��^MOI��Ye4wl =mall, Nal0a Of. Perko 1 . ,CoMMOhtitigt awing showing the existing ubntitted, if any utilities t vided With easements. r hone, and cable TV lines, l u wOdetggountV!gtiUti€ f 3.6t 4104 shall will crcas nem property es they shall M: Planning Departwent B equeat for Lot Line hd juaast!iee;, ap►rova . to add approximately 1150 square feet to the ,Worth side of taa lot 4103 from ► the Beath a ic9e of tax lot 410:. Also reques ;Od iris Manor Laud partition a aroval to div ode an approximately 3 acre 01�0) into 3 . Parcels. Two Parcels will contain aPProxiMately 7,6120 sqiare foot ca a dh en the third cel . 14111 contain atTroxisnately 2.61 acres. ZONE; R -4 a 5 (Residential, 4.5 unite/acre) I.(ACATT4Ns 7531 SW Landau street (WCTM 3S1 2SCDe tax lots 4104 4103) Attached is the Site Pan and applicant's statement for ;,roar tsview. vroe information era lied by variou M departments and aeries and , ,from other inf satiation available to our staff, a reporlti7 and recommendation will be prepared and a decision will, be rendered on the pc osel in the netr futures. Xf you wish to cent on this aPPlicationo we need Yzizil comments byr 1922° You aiaay use the space provided below ow or attar hd ` a separate letter to return Your aomments. I a a n t i w t; es b he ad,__, .t,, �,g. please phone the staff contact noted below, with your c ,. nt afiraa ` your comments in ...s and co 5 ou have ',by eet� on ti regarding this matter, writing contact the Tigard Planning Department, nt,, C- 15oz 23397, 13125' SW e 639- ,4171. Hall Slr�+� p , �'�,gardl® C1�$ 97223.- PRONE: STAFF CONTACT: g ,ta fe,, ,., . PLEASE CHECK THE ,PO/SOWING ITEMS THAT APPLY: We ham reviewed tits proposal and hreve no ots j :.e ctione to it. Please contact of our of #ice►• Please reZer to the enclosed letter. Writt : n Ccamentss ', • ti a'. *!t!Venclor W DATE sti+ „ ,.1L 1/4 FROM: Tigard Planning Oepartment RE: A " C#Ii 8, ► PART IA P 90 0 r 1� St NEWS YY (NPO #) A request for Lot, tine Adju nt ak!,o irov►a1 i �o add approximately square .ot' 4103 %fry the Pp � north aside of � telg► 1�.5� � acre feet to the snort south aide of tax lot 414 Also requested is Winn ug ' a ition at..'� t 3 acre site into 3 parcels. Two approval t® a�.V�.ae a,�' a�pror��.,�.�,�. Parcels ' contain approxitat ly 7; 62O square fit each and the third arc ®:�® wili parcel will contain approximately 2..61 acr.v;a, Z s R4 .5 . ($o,identiai, 4.5 units/acre) LOCATION: 7531 SW Landa% Stv.ist CRCZK 151 25 D, tax lots 4104 & 4103) Attached La the Site ' Plan ar.4 apps i cant O statement for your review. Pry information supplied by various i us de entssa ' and agencies and frtm other information available to our tAta `f. a rep'.' ,s and recommendation , Will be prepared and a decision will be rendered on the propeaal . in the near ' future. you wish to comment on this application, we your by An g2.-21, ® If ou Y p Pr or attach � separate � letter to l9 tD. You ma use the space Provided a�elrc�! return your comments. ,... �r un a,► 0 t • reap .. 4N, please phone the et/tiff contact noted bel.ow with yo r .,. writing as soon as Osible. If you have y�questions • and g this comments in `g s chatter, contact the Tigard Planning Department, PO Box 2339T, 13129 SW Hall Blvd., Tigard, OR 9117223. PRONE: 639-4171. STAFF CONTACT: PLEASE cirscx THE FOLLOWING ITEMS THAT APPLY: We havo reviewed, the proposal and d ia�e no ©b J on E to .t . Please contact of our office. Please refer to the enclosed letter. Written Comments: --,5' °" .f dfir 4w,/eAri r cto e "�" ;. s ' ocd P So) LIMA Name of Pe,ess ®n CrAent3ngs Phone Number: bkm /NLP9O -15. S, ititie I PROPOSAL DESCRIPTION VILE NO: NIS 90 0010 / MLP 90-0015 FILE TITLE: DUENESS APPLICANT: BOB BURNESS' 7531 SW LANDAU STREET TIGA,RD; OR 97223 REQUEST: The applicant requests Lot Line Adjustment approval to add approximately 1150 square feet to the north aide of tax lot 4103 fr= the _south side of tcl lot 4104. Applicant also i.equasts Minor Land Partition approval to divide an approximately 3 acre site into 3 parcels. Two parcels, will contain approximately 7,820 square feet each and the third 'parcel w',..11 contain approximately 2.61 acres. LOCAT/CNN 7531 SW Landau Street (WC`: M 181 25CD, tax lots 4104 and 4103) ZONING DESIGNATION: R--4.5 (Residential, 4.5 units per acre) COMPREHENSIVE PL R% DESIGNATION: Lori- Density, Residential. NPO NO 8 CHAIRPERSON: Marilyn Hartzell PHONE: 245 -6299 STAFF DECISION X PLANNING COMMISSION HEARINGS OFF 7CER CITY COUNCIL X RED DHST FOR COMMENTS (see attached list) RETURN BY ,,.�/,..,.,/; ATTACHMENTS:. x VICINITY MAC LANDSCAPING PLAN NARRATIVE ARCH/ ECTU RAL PLAN C, SITE PLAN STAFF CONTACT 'PERSON: Jerry OfRer PRVPARE FO t PLANNER A?PR OA L: 4A'd i ?i: P.D' y�4rR�,'ISEI'�i'�.'�'' - TIMES / %+ C?RBGONI Ah ,... � .. X NOTICE TO PROPERTY OWNERS TOBMAILED L? ER OF ACCEPTANCE F pI / _,�/ /. NOTICE TO DLCD ATTACHMENTS: PROM RE g 5PR/A)166- PILE: DJTI tot momrAiiisswor ` N D 1%U bii Bob Sunless 7531 SM. Landau St. Tigard, OR 97223 246-0406 S9z tit,* 'f,o .3Itti 3.1113 act 4 ^ fi,,otyt *.0 " TICOR TITLE INSURANCE WARRANTY DEED 0291 Grantor, DEL3 NAU�2E�..,. ,. 'k�M�iaCX' aadt to Da . e convey and 'warrant ROBERT �F .. BURNESS and husband . an wife, y FRANCES H. BURNESS, hus,�. O)t and wife, .Grantee, the foliowin9 t' � g described real prop�f•a, ty free € encumbrances except as spec., • in .A6h n ton Count Y, State of Oreg 'n, y �. a s�� torth herein situated � g X serves and Grantee "' except that Granter re. a take. subject to driveway/right -of -waY and utility /sewer line Ntasements as more y I fully described in xhibits "A" and � �. � fully set forth. herein,at�- �wt.�orated by reference as ,though full, PARCEL I; A Portion S , � County • BOULEVARD i tGHT.,.n descra.he as p n of Lot 33 , Tract �: , BGiiL of 'lashing �,on and State of Oregon, more particularly follows Beginning at a point on the West'.1 ine of Lot 33, Tract 1, BOULEVARD HEIGHTS, said it t beat: north 000 33' 07" East 372.00 feet from the Southwest corner of said Lot 33; thence North 00" 33' 07" East 260.27 feet to an iron rod: thence South 89 24 58" East 165.07 feet tc an iron pipe at the Northwest corner of Lot 32, Tract 1, HEIGHTS; � iJUL�V� �iEIG thence South 00°'3'3' 21" West 260.20 feet along the East line of said Lot 53 to an iron rod; thence North 89" 22' 21" West 165.03 feet to an iron rod at the point of beginning. PARCEL II A portion of Lot. 33 F Tract �d Cou portion ' ' � #. 1. BOULEVARD . TS , in t , . •;�tg* Rai NEIGH of Washington Oregon, more particularly describe tWa►Shin ton and State of as follows Beginning at an iron rod on the West line of *Lot 1., • • iron e, 33 ^ Tract BOULEVARD HEIGHTS, said point bears North 00 33' 07" East 722.00 feet thence Tract 1, BOULEVARD corner of Lot. 33, HEIGHTS. From the point of beginning; thence South 89' °Y 21' 40" East 165.07 feet to an iron rod on the East line of said Lot 33; thence along said Bas t line South 00 ° 33' 21" hest 9.80 f eet to cin iron pipe at the Northwest corne r of Lot 32 , Tract 1 BOULEVARD HE IGHTS ; thence North $ 9 ° 24 ' 58 " West x.65.07 feet to an aeon Tract 1; thence along the rod on the West line of Lot 33 said west line _North 00° 33' 07" East 89.73 feet to the point of beginning PARCEL III. A portion of Lot .. unty ^ 2, Tract 1, BOULEVARD HEIGHTS, in the Co of State of Oregon, note particularly described as Washington and '�` 1r .- follows ViimMiNWram elrott art' re R FAX • • Beginning at an iron Pipe at the Southwest corner 'Of Lot , 32, H thence Narth 00' 33' 21" East 532.20 Tract. 1, E�OUL�'AItD HEIGHTS; . feet to the Northwest corner thereof thence South 89* . 24g 58'" East 164.98 feet to an iron pipe at the Northeast corner of snit Lot 32; thence South 00° 34' 21" ,West 449.69. feet . to. an iron rc)ad ►n the East line of. It 32. ' Tract 1, BOULEVARD NEIGHS' l hence North 890 22' 11" , west 115.00 feat to an iron rod; thence i.outh 00° 34' 21" West 182.00, feet to an .iron rod on the. `South line of said Lot 32; thence North 89" 22' 11" West 49.79 feet to an iron pipe at the point of bet &nning EXCEPTING THEREFROM: The tract of larva described in the UedicatiOn Deed recorded August 6 1982, Icecorder t s Pee. No. ' 82019988 and further excepting the trart of land described in the Warranty Deed recorded October 25, 1982, Recorder's Tee No. 82027736,, Together with a perpetual nonexclusive easement for utilities and sewer line over the East 15 feet of Granters' tract of land described in the, Warranty Deed recorded October 25, 1982, Recorder's Fee No 82027736. This .easement shall be appurtenant property owned b Grantor. to the real. Property � Grantor also assigns and tranefera to Grantee the ;Right of 'firs. t Refusal, and the , contractual rights concerning roadway access assigned to Grantor by recital in contract recorded In Book page 210, previously granted to L. U. Pederson and Catherine L Pederson under contract from Rudolf E ., Kruettner and Alberta W. Kruettner recorded in Boy:)k 810, page 233, if , any such rig'tit . ex is . THIS INSTRUMENT DOES NOT GUARANTEE THAT ANY INSTRUMENT PARTICULAR USE MAY ..3E MADE OF THE PROPERTY (DESCRIBED IN THIS INSTRUMENT. A RU 'ER', SHOULD CHECK WITH THE APPROPRI '►TE CITY OR COUNTY x,ANI.N r DEPARTMENT TO VERIFY APPROVED USES'. The said property is , free froifl encumbrances except the f of lowing 1. Subject to statutory powers, int :Lndin the power of assessment of the Unified Sewerage Agency. 2 . Easement recorded in Book 1144* page 377 in favor o Portland General, Electric Company, recorded February 14, 1977. 3. Restrictive Covenants, recorded Bee 82019909, recorded August 6, 1982. 4. Deferred. "Forest Land's taxs on the assessment and tax roll. 5. Easements reserved by Gr antor as des ribed ab'o re, rder s Fee. No.. Washington County 6 rue consideration for ' this conveyance :s ; 23t,''' $2284,000.00 it dollars, $1,500.00 in credit for ,easeinen i,Aintenarioe agreement and I , 5OO .O� credit for �np ti o referred "Forest Land" ` tax liability) ntr1�. bRon t 1•i �i runes wranyces t. h1a'a,li. e.' sen 1M to b .4 ne In construing this deed and. , where the ,gonte t xecliAire0, ingular includes the : ;plural STATE OF OREGON ss County of Washington) Jur, 1985 igliP ' DELTON D. ICK and Waif foregoing instrument to, be Before me sonally appeared the above nlmod UREEN REMMrCK and, acknowledged the their voluntary actland deed. NNotas.'y Public for Oregon My Commission expires : , 6/17 86 M , + a a O 4 tl ' r� �.' M' R 5iR,DXNG RETURN TO . . , '-‘47104V.11 BURNESS & FRANCES H. "97.71t � r� Ave. ,' Oregon 97223 o t ' , � U lai EXHIBIT °Aa RETAINED EASEMENTS, Description and Terms, Conditions and Restrctions and sewer line easements The permanent roadway/right -off -way C�k?'�.� reserved under the Warranty Deed by Grantor shall benefit and be appurtenant to grantor's real property as described in the Warranty Deed Fee No. 8202773 . eea � +ec ©�d�d October 25 , 14� 2 �; Recorder's �� the W�txr�inty Deed The real property burdened is fully described as the portions of tax lot 32, 33, and 35, Tract 1, BOULEV HEIGHTS, in section 250 T1S, R1W, W.M. Washington County, State of Oregon being conveyed to Grantee of which this agreement is a part. w shall The easements and terms and c sh.: conditions as listed Belo run with the 'land as to all properties y burdened and benef itt by such easements, including any division or Rpartit on of such . and obligations contained ' in this. Agreement shall bind, burden and benefit each party's successors prt Agree111�:Y1t g g r a trust and assigns, lessees, mortgagees eee (ear. bene�zc�ares under deed.) In the event either party shall fail to perform his obligations under this easement and agreement, the other party shall be entitled to require such performance by suit for specific performance or, g injunctive elief. Such, remedies shall where appropriate, through h .n 'unctve r • under Orcego 1 law. be in addition to and other , renaed�einafund �rd�e tuts. of! the In the event of any litigation arising easement agreements as stated in this document, the prevailing �! party p adjudged by ® s party shall recover from the losin art hel. Prevailing parytythe reasonable attorney fees at trial or on appeal ] J trial or appellate court. ROADWAY/RIG} T--OF- '(STAY EASEMENT wide section-upon The roadway is a. +5 Q foot, more r Itsbe ins at Landau • which currently exist., a, gravel toad. begins st and r u g . is grantor's `� � �p to and orlon the west side of cantor s benefitted property described above. The roadway is ire ful!.y described as: Beginning at the iron rod . et for the Southeast corner of Lot 32, Tract 1, BOULEVARD eEIGfTS, County of Washin g ton, State of Oregon, west along the south line of Lot 32, Tract 1, 115 ffeet thence cif 00 °' 44 21" 269 feett to the true paint of beginning; '" � . �a , t ; 1, for thence west parallel with the south 1i e of Lot 32, T- o , r less to a point along g _ .e East line o , tot 33, theneSev 21 W269feettot% �Qn �' per of Lot 3 00* � r � d s�JUthwes'� corer thence S Q�� and the Southeast corner more or less o� Lob.. 33, thence 5'� fee East along the south line of Lot 32 to the true poi . g Ea along Point �f .g�nn�.n t P• except the south five feet of 'Lot 32 as dedicated to the. public ,y Washington �; that document recorded as yes No. 8219988, washn , .,.an Deed Records. Grantor reserves a nonexclusive easement to use the roadway for all purposes connected with. tie use and enjoyment of grantor's real property described above, to pass and repass along said roadway for the purpose of going and coM ,ng to and from Landau street to grantor's property and vice versa. Such use may include the right t to use the easement. - :for installing, repairing, or maintaining utility and other service lines running to grantor's property from Landau Street. Expense of such utility or service installation, maintenance or w'epair shall be born by g-xantor. The roadway easement shall be nonexclusive and used for the mutual benefit of both grantor's and grantee's real property. Both parties agree not to obstruct, impede, or interfere with the other in the reasonable use of the roadway for the purpose of ingress and egress to and from their respective property. g For the consideration• of $11500 bargained for and fully paid as a credit on the purchase price received by Grantor from Grantee, it is further agreed between Grantor and Grantee that Grantee shall repair and maintain the roadway in a usable, neat, and uniform manner. Grantee may upgrade the quality of the road at his option n and expense. Grantee agrees espg the if it becomes necessary to conform governmental requirements. Grantor is relieved of any obligation or duty to maintain, repair or upgrade the roadway and shall bear no costs for such activities Both grantor and_ grantee agree that the ,roadway may be 9J ~n...' body. The parties mutually dedicated to the appropriate ovearnin bCadhe est of the agree to consent to such a dedication at the request other party if such dedication will result' in full, free, and o ., properties direct acces^ to a public road by the full respective Tes n�sdit4�.litl assume fu ownership responsibility for governing of the �road- aAn expenses incurred in such a dedir.:ation shall be born by the party seeking the dedication unless otherwise agreed. UTILITY/SEWER LINE EASEMENT A se wer line been een constructed str3c ted by grantor on the real property erty being conveyed to grantee by �y ad of t��:h document shall be a part. The sewer line beneftaboth ache progeny being con ve yed and grantor's retained property described above. The utility/sewer is described in Exhibit "B" and incorporated by as though fully set f c*rth herein. The permanent nonexclusive utility/sewer line easement retained grantor ' . the rai'ght , by and agreed to by grantee shall include a Lace privilege, and authorit � to operate, maintain, repa .r, r p' , r F inspect and add to the sewer line and necessary appurtenances, and tc .make excavations . front time to time unoe : and through the above described premises within the said easement, and to cut and remove from s'-ad right - of-way any trees and other obstructions, which may endanger the ;safety or interfere with the u\se of said line or appurtenances attached to " or connected to it and the right of ingress and egress to and over said above 'described premises at any reasonable purpose of patrolling the line or eas tA'..�e fob the repairing, renewi• ng, excavating, replacing, inspecting, max• a t alnx b ng and for doing anything necessary, useful, or required. The '+4rantor shall, upon each and every occasion where repair work, repla+`ement .renewal, addition or removal is undertaken, restore the premises of. grantee and any inepro:rements disturbed by the grantor to as good a ondition as prior ta any such installation or work, . including the restoration of any .topsoil and lawn. NO building shall be constructed over the utility/sewer line easement without the prior written consent of grantor. Both parties agree that the specific location of tie easement Ynay be changed or relocated so long as there is mutual agreemeut and so long as the move does not Impair the of f iciency or legality- of the sewer line or the. rights of grantor . T h grantee shall' bear the cost of The �`� r uzade� this of any such movement. Consent f the grantor shall not be Y withheld unreasonably. The parties further agree to dedicate or transfe r the sewer line to the appropriate utility or governing authority at ,the request of either party. DATED this TOR ,;••• "':�� 1 T OF DRE(ON t •� o kasha ai day of •, 1.9115 . ss, �' 4', . ° l 9 ;� -.. Perronal1y appeared the above named DELTON 1:e,!.(1-,...F11) CK and • UREEN REMMICK and acknowledged. a fcregaing • • . ..�:nSteAment to be their voluntary and deed. a nee act a °for Notary Pub lc or Oregon My Commission ,expires 6 1 r` 1. a.: • yY ,.,_ {i,i,;. y. , �- � 4 � ::' of Wa sh ingtonl ..'', e`� ,u. , 1985 B w. the uflti i -i NCES R . BURNESS and acknowledged t �{�� t!'' be th eir voluntary' act and dee 7.11.1'. 'mof w. 0. ,,OF OREGON w +i 1 cyi above named ROBERT the foregoing Before met Noi ark' pu . , or iregOn'' " /" •' ',►"'`V Cb`.sslx�in �ex'�,,�`re� . . . . , . iiegors., thence South along sad East line 33 fie* to , . „ . . , D BEGINNING at the irlarthe dot cone r o Lot 3 bit, . ULEVARD HEIGHTS, in the Csounty of Washington :and* State, of centerline of a 15 foot wide sewer and utility easentent; thence Northwesterl in a straight line to 4 point that bears West 151 feet and South 9 feet from the Northeast Corner of sa1,4` Lot 32; thence Northerly in a straight line to a point on th y , , I South line of the plat .of EL/0/000 ,PARK that bears East 5 feet from the Southwest corner thereof and the terminus thereof [Page Too Large for OCR Processing]