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MLP1994-00011POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm.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. ��'gg s.` ,4t'.`'` ."1t, ,. �.-,.a'`1,t „t�y� „',�'�1yr;0"p 1 y� U3Th SIDE OF MCDONALDS SLR rs ”" ” EAST OF 97TH AVE. :',.t• , gill h'"liti , » i ;11 I f''V?a`.. r l,'.,, Fr,:',^ f— i'',1'H `,t• !:t ^ =� 9ti +',$;: '� 0, orns 1 ti 1 r _,��`h- l.i ! c:'• 1 i ....._. ....�;' y h _;p+ 7 !r[; .t ,rf LI ;:_.S.,.F t., %: ...,�: x .1, __ k r 2 ,._.._ r , •i;!'_5 Afttilta11313.110ME01113., NOTICE OF DECISION MINOR LAND PARTITION (MLP) 94-0011 TOPP/CITY OF TIGARD LAEL,6,2n $ CASE: ELLEhata_. Minor Land Partition -- roPP/clTYQDJ!aARQ MLP 940011 PROPOSAL: A request for Minor Land Partition approval to divide one (1) parcel of approximately 28,737 square feet into three (3) parcels of approximately 9,339, 9,338, and 10,060 square feet. APPLICANT: Steven Topp OWNER: City of Tigard 12566 SW Bridgeview Court 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 ZONING DESIGNATION: R-4.5 (Residential, 4,5 units per acre). • LOCATION: WCTM 281 11BA, Tax Lot 103. South side of SW McDonald Street, east of SW 97th Avenue, and west of SW 93rd Avenue. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18,50, 18.162.040, 18,162.050, 18.164.030, 18.164.090, and 18.164,100. 1B,EciMI; DEC° Notice is hereby given that the City of Tigard Community Development Director's - designee has DENTED the above request. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE Or DEMON IlL____BACKG.R.Q.UND INFORM/UM aopeitt_Higg.M. Washington County foreclosed on the property for failure to pay property taxes. The City paid the back taxes on the property and acquired the property from Washington County. The City intended on selling the property to recoup moneys due the City from the failure to make payments on a Local Improvement District (LID). The LID moneys total approximately $50,000.00. The City went out to bid in an effort to sell the property. One bid was received on the property for $45,150.00. The minimum bid was $35,000.00. The :Applicant made application to partition the property into three lots. The applicant had requested that the application be placed on hold while the applicant waited the outcome of Unified Sewerage Agency's process to revise it's standards and the City's review of a request to allow density transfer from wetlands. Neither of those reviews proved beneficial to this application. No other development applications were found to have been filed with the City. • a. 11 This site is approximately 28,737 square feet in size. The site is vacant with frontage on SW McDonald Street. A tributary of Fenno Creek runs the length of the southern property line. The site slopes down from its frontage on SW McDonald Street to the tributary of Fenno Creek. A wetlands area is found on the southern portion of the property, adjacent to the tributary. A sanitary sewer pump station and driveway is located on the northwestern corner of the property. The applicant is proposing to divide one (1) parcel of approximately 28,737 square feet into three (3) parcels of approximately 9,339, 9,338, and 10,060 square feet. PPLICABL R VI W C 1, T.. 7110_021,611IM' Section contains the following general approval criteria for a Minor Land Partition: 1. The proposal conforms with the City's Comprehensive Plan; 2. The proposed 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 the size and dimensional requirements of this title; and 5. All proposed improvements meet City and applicable agency standards (Ord. 89.06; Ord. 83-52). . • • • PAGE..2. • • • • NOI'lbt OF 0.5C.ISIO;4• . • • TopP. ,...M.I.P•04401.1. • .. • .- B' STRie __' ... x.. -. _:- ...:.. ... .. - - _ ._ _•... :.. -. __ -_.. _.. '... _Y . ,. �, Wit.. . -..... ._ .. .. ..� ,~.__. r.,T..<- ta. . -. - i --.. -sue.. .,_,. _. . -...x ,, ... -... .r.s -: .- ...z -_. -_ . ..a 4.:r -..r,: •:� ,..� -.... .. r z_.t+ - �.». — �t-F° Criteria 1 is satisfied as the property complies with the Low Density Comprehensive Plan designation. Criteria 2 is not sa■isfied. As discussed in the next section, the proposal cannot provide the 7,500 square foot minimum lot size required of the R-4.5 zone. Criteria 3 could be satisfied as public facilities are, or could be, conditioned to be available to serve this proposal. Criteria 4 is not satisfied. As discussed in the next section, the proposed lots do not conform to the minimum lot size requirements of the R-4.5 zone. Criteria 5 could be satisfied P7-; all improvements could meet City and applicable agency standards. Section 18.162,050 contains the following special provisions for lots created through the Partition Process: 1. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. 2. lat Area The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculation. 3. Lot tivntaggi Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. 4. Setback Setbacks shall be as required by the applicable zoning district 5. • se f I • When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. 6. acreffingi on Flag_tgigi A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.09(lb Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. 7. Fire Protedgm The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. 8. ReAgmegilaggment% Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. 9. Accessweq: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. 10. Floodplaire Where landfill arid/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require the dedication of sufficient open land area for grefaraway adjoining and within the fioodplain. This area shall include portions at a suitable 4evation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan, NOTICE OF bECISION •-• •,.. • .• •• TOPP Mt.!' 94-0011 PACE 3 • • proposed lot widths are approximately 65, 66, and 69 Criteria 1 could be. satisfied as the p p 0 feet respectively, exceeding the minimum 50 -foot lot width requirement in the R-4.5 zone. . ,. i . satisfied. The minimum lot size required in the R -4.5 prepared is by Philip 00 GritWria Z is not sate The applicant has submitted a wetland delineati os• prep City of Tigard square feet. � contains w�„tlan Caddis, PhD., which determined that the property s (R&O 91-47) pertaining to sensitive has adopted Unified Sewerage Agency regulat � states that new development or a h �' •� Section 6.08.3 areas and undisturbed corridors. division of land adjacent to sensitive areas, shall preserve and maintain an undisturbed a, enough to protect the water quality functioning of the sensitive sensitive corridor for a buffer wide g • corridor is a facility required to prevent damage to the feet area. The undisti.�rbed b the deVelopment. The undisturbed corridor shhall b Sensitive area, unless area caused by wide, measured horizontally from the defined boundaries of the exception. . area, Where unl ns otherwise approved by the Agency or City as meeting the following within the minimal of reasonable a pp encroaching vii rea5onabie and feasibly option exists f car where topography limits, options, then undisturbed corridor, such as at a road crossing, licant has not i ent to the 25 -foot corridor shall be providled. The states that in any a facility equivalent provided plans equivalent to the 25 -foot corridor. Section 6.08 °'a sat for t in i that creates multiple parcels or Tots inten residential development ownership, such as a subdivision, the undisturbed corridor shall be contained in a tract, parcel to be used for the construction of a dwelling unit.a and shall not be a part of any p Agency which states that The City has also received comments from Unified Sewerage Ag y 25 -foot corridor is required uired and shall not be a part of any buildable lot. q approximately 9 339 9 338 and • nt's plan indicates that the proposed lots are app approximately y � 5,200, and Toe, applicant's feet in size. The proposed plan also indicates that 10,06© s,q � the proposed lots are outside of the delineated wetland. 5,200 and 4,950 square feet of th p P e If the wetland area was to be The d�.li► gated wetland runs the length of the property. provided in a separate tract, the resulting approximately 5,200, 5,200 and 4,950 square . irnur�n 7,500 square foot minimum lot requirement of the foot lots would not meet the min i reaies multiple parcels, the undisturbed corridor shall be R-4.5 zone. Since the partition c Pi`ovision of a separate tract for the wetland and 25-foot contained in a separate tract. lots +o even less than the 5,200, 5,200 and 4,950 sou uses the proposed I the requested 3 lot partition does not provide for the Teeter red area. Since tc feet on non-wetland 7,5 : 7,500 square foot minimum lot size, the request must be denied. . , � approximately 65, 66, and 69 feet of 3 t the Tots contain app Criteria 3 could be satisfied as eox� � minimum 15 feet of frontage exceeding th frontage on SW McDonald Street, exceeding the f�-4.5 zone are as follows: front yard -20 feet; .. �e required setbacks o Compliance with setbacks, and requirements, t rear yard -15 feet; g 9 they were built side yard -5 feet; y garage-20 feet. �oevie�ed when t y sid y Criteria 4, on the newly created parcels would have been revieWed Criteria aSandGar a not applicable i c able as none of these lots are a flan - lot. The applicant would have to demonstrate that fire hydrants would be consistent with Uniform Fire Co de standards, in accordance with Criteria 7. Criteria 8 could .. be satisfied as a joint use and NOTICE OF bECISION • ---- PAGE 4 TOPP - iVILP 94 -0011 maintenance agreement could be provided for the common driveway. Criteria 9 could be satisfied as a driveway would be required for the proposed lots when the are built upon. Criteria 10 is not applicable as none of the parcels are within the floodplain. SectimiL81111). (Solar Access) states that all newly created lots within the City of Tigard shall promote the use of renewable energy sources by providing for improved access to sunlight for residential dwellings. A lot meets the basic requirement if it has a north-south dimension of 90 feet or more and has a froptlot line that is oriented within 30 degrees of a true east-west axis. With the requirement of a separate tract for the wetland and buffer, the proposed lots would not meet the basic requirement. The applicant would have to provide evidence of compliance with one of the other methods of compliance. eattenA11114,=, (Streets), ° (Sanitary Sewer), and 1ada4,10 (Storm Drains) have been addressed and are satisfied as specified below: Streets: Access to the site is provided by SW McDonald Street, a Major Collector as shown on the City Comprehensive Plan. The street has been improved to collector street standards, with the exception of the sidewalk, and the right-of-way width is 60 feet, No additional dedication is required of this site. The applicant should be required to construct the sidewalk with the future residential construction. The applicant proposes a common access driveway for Lot 1 and 2, and a single driveway for Lot 3, The applicant would have to establish a joint use and maintenance agreement for the common driveway and the agreement would have to be referenced on the partition plat and become part of the applicable parcel deeds. Sanitary Sewer: Sanitary sewer service is provided by the existing 8" sewer located in an easement along the southerly boundary line of the site, and has sufficient capacity for the proposed devetopment. The applicant would have to provide a preliminary title report to Verify that the eel/1,er is located within a public easement. Otherwise, the applicant would have to be reqLked to dedicate a fifteen foot wide easement to the City of Tigard for the existing sewer main. Storm Sewer: The property slopes in a southerly direction towards the wetland area at the rear of the property. The applicant would have to be required to direct all new roof and pavement drainage from the proposed development to the existing curb in SW McDonald Street. NOTIC E OP CISION TOP MLP 94-0011 • PAGE 6 y,______AgEN_Q-tikorga..ErAFARlietres The City of Tigard Building Division has reviewed this proposal and has offered the following comments: All new residences shall be connected to the public sanitary sewer; all concentrated storm water shall be conveyed to the public storm sewer or to a designed and approved private system. The Div ision of State Lands has reviewed this proposal and has offered the following comments: This project may involve lands or interests managed or regulated by the Division of State Lands (Wetlands). This agency will need more details of the plans before making any further determinations, If a review of the Nationwide Wetlands Inventory finds the plan includes wetland areas, under the Oregon Removal-Fill Law (ORS 196.800 - 196.990), removal, filling, or alteration of 50 cubic yards or more of material within the bed or banks of the waters of this state requires a permit form the Division of State Lands. Water of the State include the Pacific Ocean, rivers, lakes, most ponds arid wetlands, and other natural water bodies. Pursuant to ORS 273.225 - 273.241, 274.525 - 274.590, and OAR 141-14-070, 141-14- 020, the applicant will need to obtain a royalty lease or license from the Division of State Lands prior to removing any material from Division-owned lands within the plan or project area. If the proposed plan/project affects land owned or regulated by the Division, according to ORS 274, the applicant must have an easement or license for the use of these lands. The Unified Sewerage Agency has reviewed this proposal and has offered the following comments: A 25-foot undisturbed corridor is required adjacent to the sensitive ar ea , this corridor shall not be part of any buildable lot Unified Sewerage Agency has submitted plans to the City indicating the removal of the existing sanitary sewer pump ,',.itation, the site will still be encumbered by sewe;. easements. Upon removal of the pump station the easement will revert to the City. The Tualatin Valley Fire District has reviewed this proposal and has offered the following comments: Hydrant required within 500 feet of all portions of structures, if new hydrant is tr.') be added the location shall be reviewed and approved by Tualatin Valley Fire and Rescue and the City of Tigard Water Department. Inspection of final construction of access and water supply is required. The City of Tigard Maintenance Services Division, City of Tigard Police Department, City of Tigard Water Department, GTE and Portland General Electric have reviewed the proposal and have offered no comments or objections, ..14o11o..orr...pci$■0 • :. .• • PAGE 6 • . ,...• .• aEDILCLN_VIL_EECLQEDLLREAR Notice was posted at City Hall and mailed to: X The applicant and owners Owner of record within the required distance X Affected government agencies Final Decision: THE DECISION SHALL BE FINAL ON NOVEMBER 13 1996 UNLESS AN APPEAL IS FILED. Egli Mast. Any party to the decision may appeal this decision in accordance with Section 18.32290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. awramemammuromis.......er THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON NOVEMBER 13, 1996. ••••••■1■11.11.0171 Daaatigna: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. PREPARED BY: William D'Andrea Associate Planner APPROVED BY: Richard Bewersdorff Planning Manager Qatabor 31, 1.9.91L._. DATE o DATE NOME OF DECISION TOPP.MLP94:OO11 CO S EET Single Act 9337s.r 7/33? sr. ICI 060 s ; 143.071 D SITE ALAN LEGIBILITY STRIP. • .tY.'S- }t .. r� ('• , �e r. r',- UNITY NEWSPAP P.Q. BOX 370 PHONE (503) 684 -0360 BEAVERTON, OREGON 97075 L gal Notice Adtedlsingl , T CARD: of Tigard 0 Tearsheet Notoc+ , 13125 SW Hall Blvd * Tigard ,Oregon 97223 • 0 Duplicate Affida' eAccounts Payable AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )ss, I. Katy''' being duly sal/ that I am the Director, or principal clerk, of thei d Tua1a± n—T, .mes a newspaper of general circulation as defined in ORS 193,010 and 193.020; published at in the aforesaid county and state; that the IM P 9.6 -0011 Tc, Partition a printed copy of which is hereto annexed, was published in the entire issue of said newspaper for ONE successive and consecutive in the following issues: trArec40,, 104 fiit0410 olie 0flpn ocf of a poi *inaatt1 2 o .ip oko *a ►atel p � o t1 gi46rof'MC,0 ) 6ld'E" CT 2 1 i 1 T ,t,po pontoon 478. 4 oo„, O s fb�°toJ /NV(R s1';i '0604010* latli$104,0thiltt . c Ott ticat + $, "g s; adosao ptu es a i% gA6m6prAss, . fat 1C $.7403A �,� ' tAif :0i;, t4 ' apta :1:16t11"11501t131:41, 'ut tint units, ,pur l ���ttr$06d xe's:ld::i't; Subscribed and swot. My Comniisskon Expires: AFFIDAVIT MY dptd,. outati iei. from 6 ouleva LEGIBILITY STRIP 5Pt MACOOIJALP s1, 1E:14i m E EKGENT WEI LJW €AMMO CK1 t,K Tikt e IAA M's ZOO ° - :.GALE 30' 0 1 rrd- my a trc r �.. r.! ri.fF? t�ili e `► !'R � a „ ,,r�i ' '' « l�r,;,t�4, Elan, :e:,r �,,.`.:;�i •:"'; � JOIMMGENNUMERREadsamow To: Company: Phone: Fax: SETTING THE STANDARD FOR SERVICE EXCELLENCE 6e ,4 M U/1 From: Company: L/0 55- z_:<- Phone: Fax: Date: Pages including this page: 14,4 p niu0,64 City of Tigard (503) 639 -4171 (503) 684-7297 /c GPPilMMVitiN I : .-,:l.f-Alcie 4 gr--,_:_o_12(b/q 5-7", vr.y --E_LPE____15L22-...60-77-4-46..c.f //��J /)JJ� /' /�/ � /,I%¢,-- /��.ySI //��J /j•,. / //�. /7��/hj/ ,ypp.. a � /. /. /,^ ., _____46_ I 5 vC N H I„ City of Tigard, 13125 SW Hall 13Ivd. Tigard, OF 97223 ** PLEASE DELIVER THIS FAX IMMEDIATELY ** 1 l' ., .,._ MIIMIESEMEMS 1lEC !P tR1Ito 4200 f toe g 17 1 2700 19v.4R�' + tgoo< s 19 /NZ 2C7 : S.W. ELROSE 4 ieil =G .� 4800 l0►.M g ^y 4700 001TML 3 0386.10'01 001.00 304 303 X AMC. .17Ac. -r STREET 103 .ItAc, p 103 ale •. : B 1,09Ae, Ieaooel TY ,47Ac. Iefe 0i0'aro IWO eve i. �y " No-• '` „.� MS 10,1901 109 Isee• q *� LeJta ... _ ,d9,es. 101 M.S. 59911 loateleoft 00.11A11126 a an . C' 07 lw . i aw _.. T""°'"' a .m1 _, .... _ "'' M. 1100 0 106 .AOAe ;; .914e, 1e,s.102041 .d9Ac. 1 Lew ►0 aa4100a17 100 4903 00.84 0441 1600 1,03Ae 00.41 00,00 11®1001 1000+071. 1.00•10•0 age so a 3 Co 're 00M et'a _. N►0tia 1, 1700 il9ae 1300 ea ►oe nA, i.ITAe •77.005. 0�! We e1 tNk2wv .0 6+ee p,At .✓ 1pd06 pet Yes sl'oi ti3 11 i e 0...._..11 •^� I aya 31401 1000 60C T000 7100 ae;1 U ���. T s L, „ E Fl .1 •Y t V J f 1 � � A � xx C 5 0004 `.' ' t` �0, 0 1bi1.oe_ 1.0 ..0101 ..: .1071 i. r °i_.., +.+i d+aonlcs a bcbsKS01001Hi �a t IN of f1,A7 /oAl VICINITY MAP LEGIBILITY STRIP =5 &L AccCs`, OPP Nock LAND RTLT1ON- MDONALD STREET T°`YEN W. -rope Ia566 S.W. 8RIDGEvtEtJ Cr TIG RD, OR. 97223 (6o3) 799-14557 "t C.DONALO STRE.Efi EXtSTT0G SEkYic D IV W41 MO £vP6 cur %ewe& tote P 27141112rS L43.07' c.,2:; ..b =• fir.. 200. 2:'. D PAKTiTiON 146A1-THY rtkEei 6 CplL!DEL 'Js Arigiv GI,Oumo MDONALD STREET PARCEL_ (1TL.*J03). S4-FE lNFotZNiATioN sin stz .a: DimE�sioms FX1t,rhaG. V Dt CAT tb&H '-or• tr ;Av, YR.EES vav2! i 6" CAL: Pe: STEVEN W. I®PP 12568 S.W. BR DGEvIEJ e TIC/ RD, oR. 97223 CE 3) 799 14557 i LEGIBILITY STRIP • DONALD STS ET 65' i 65' Y 2- 1 a+5J 20o sr. w+tdg95.0 sr. td 3AeLs Ag.E4 US Alb$- AttA M.oz 3 VT 1 ao PA ntiLe-- 7a at- PLANTsv. %oiic. To SL S itYtsE0 13Y i9 Pf7OFESStof..41- vkiert -4 Alas 0G-15r) 2.00. 02 e AND RTIT1ON McL)O4ALD TREET PARCEL LAND PA?rtfloN - PROPosED 1'3.07 7RO tai ITN et t.7..411-teig.. .0 F OUTS [®L.. OF W NO Byte AS NEr.:Si9Y P,i Ou .ot,' STEVEN ter'. 'Mfg' 125bg S.W. BRawGeV,EJJ c7 T,c R.D, OR. 97223 (s03) 799-14557 eotsrrau 1- RA NAGE PA tit R.NLS Co oa_ses ANC( Pot.t0 ; EX /3"7"7"16- - - , • l/ TI n ES AP, 0 s,E EN 7M — Q- in in t • r" -3 0 Le 2.0 0 + SEE SKr. 7 13 WI N -a -1 1111.111111P 1 IMPPr-..-.4ill Vniti PPI■11111 id it AMMIN1111111111htlINII -'hi____ 11=OratiAMON illikr. W. an 1111110 1111111111111111111111111 11111111111 W...ii11=1111111111111. Wil ... -.. -.. .....0.---4.11111•1 .313t.lt-IN -...lealli■aillIWittall 21 MEMORANDUM CITY OF TIGARD TO: Will D'Andrea FROM Michael Anderson, Development Review Eng' SUBLflCT MLP 94-0011; SLR 94-0003 STEVEN TOPP Applicant is requesting approval to divide Tax Lot 103, a parcel located ON SW McDonald Street into three parcels of approximately 9338 sft, 9339 sft and 10,060 sft respectively. An identified wetland area crosses the rear portion of the site. August 2, 1994 1. Streets: Access to the site is provided by SW McDonald Street, a Major Collector as shown on the City Comprehensive Plan. The street has been improved to collector street standards, with the exception of the sidewalk, and the right-of-way width is 60 feet. No additional dedication is required of this site. The applicant should be required to construct the sidewalk with the future residential construction. The applicant proposes c common aces driveway for Lot 1 and 2, and a single driveway for Lot 3. The applicant should establish a joint use and maintenance agreement for the common driveway and the agreement should be referenced on the .„;:artition plat and become part of the applicable parcel deeds. -MigragE3arcr 2. Sanitary Sewer: Sanitary sewer service is provided by the existing 8" sewer located in an easement along the southerly boundary line of the site, and has sufficient capacity for the proposed development. The applicant should provide a preliminary title report to verify that the sewer is located within a public easement. Otherwise, the applicant should be required to dedicate a fifteen foot wide easement to the City of Tigard for the existing sewer main. Storm Sewer: The property Slopes in a southerly direction towards the wetland area at the rear of the property. The applicant should be reqUired to direct all new roof and pavement drainage from the proposed development to the existing curb in SW McDonald Street. kp1/414.-- 61uPecA Fifa_ o5k,3 ENGINEERING COMMENTS MLP 94-11; SLR94 -11 STEVEN TOPP PAGE 1 • • Recommendations: ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. 1. The applicant shall obtain a street opening permit for the driveway construction in SW McDonald Street at locations to be approved by the City Engineer. Forms are available at the City public counter. STAFF CONTACT: Diane Jelderks, Engineering Department (639-4171) 2. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. STAFF CONTACT: Diande Jelderks, Engineering Department (639-4171/. 3. Final Plat Application Submission Requirements: A. Three copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. The partition plat and data or narxative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. STAFF CUMTACT: John Hadley, Engineering Department (639-4171). 4. The applicant shall provide a preliminary title report to verify that the existing sewer crossing the site is located within a public sewer easement. If not, the applicant shall dedicate a 15 feet wide easement to the City of Tigard for the sewer. The dedication document shall be on City forms. Instructions are available at the public counter, and from the Engineering Department. STAFF CONTACT: Diane Jelderks, Engineering Department (639-4171) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED: 1, Provide the Engineering Department with a recorded rrlyi,ar copy of the partition plat; or if not recorded with Washington County but has been approved by the City of Tigard the applicant shall have 30 days after recording with Washington County to submit the copy. 2, The applicant shall provid' for roof and pavement rain drainage to the public stormwater drainage system or to the public Street. STAFF CONTACT: David Scott, Building Division (639-4171), APPROVED:(// Randall R. Wool, City Engineer Nt■tNGINEERV4LP94-11.rttja ENGINEERING COMMENTS ML? STJA94 -11 STEVEN TOP? PAGE 2 FACSIMILE To: t l« ' 11 ity of Tigard Pax. No 684 7297 Phone 639 4171 From Lee Walker, Unified Sewerage Agency Pax. No 640 3525 Phone 648 8678 Subject McDonald Street Land Partition the Cit. allow flexibility in set -back requirements If the I suggest th City City could allow the building construction to cc !ur to. ithinc of the � from the tndistUrhed Corridor, with require. exiting viol tion would of R &O 96-44 would occur, the flexibility ity specif :ed in the R &D could be utilized to In addition r� 75% of the wetland. buffer must be 25 ft. reduce the buffer impact. wide 25% could be reduced to 10 foot, provided the . s rehf oc tagenof buffer w s equal to an average of 25'. The ownershiP o. and the buffer can be retained by the adjacent individual lot owner or as required by the City. option would be to go through DSL to relocate some of the Another o� � giving the lots more depth wetland (and its a oC -ated buffer) thereby g • �r SETTING THE STANDARD FOR SERVICE EXCELLENCE Facsrne • xl+ COMMENTS: Lr/ /fir''' _ �? ,• - 45 ♦ p,5 7 fir Artits-u) 7" 5 City of Tigard, 13125 SW Hail Blvd,, Tigard, Ori 97223 PLEASE DELIVER THIS FAX IMMEDIATELY 1 To Z Z P11/4-ige' Company: 6 6/,44 Phone:�.. 6 L/ai ''- ',65Z5 Fax: 6 From W W'f/ D X/AJoi Company: C City of Tigard Phone: ( (500) 639 -4171 (503) 684-7297 Fax: ( Date: / /C,2 Pages including this page: , , COMMENTS: Lr/ /fir''' _ �? ,• - 45 ♦ p,5 7 fir Artits-u) 7" 5 City of Tigard, 13125 SW Hail Blvd,, Tigard, Ori 97223 PLEASE DELIVER THIS FAX IMMEDIATELY 1 Wei MP tulc0 "7" STREET . /YAt .dZAe,. 1 now totarot won 1 Ito III ,0PAt. toosaeet S .67TAIc r4 g 1!100 °febT'v sum 1611 MI 16.4991 109 tt►go -fat." L 9L ,19A e, 101 !JFAe. ELROSE STREET= AVa 4 tttt a®' ce•tt !♦ mow p 5200 moo 12 60 $S 4 1100 .9lAe. 0 1100 .o /At. r +; „ 3500 10 3600 3700 11 12 107 I .69Ae. (C.S.102041 Wag 0411 •6 0,0 90,00 1000 l.00Ar 14001'o 011110 1, 1200 SAC, 1300 d,011Ar. !4.01 IC.9 4723$ $600 Te$ ^tetra 0101 total 2105 (CS 5190) TtOmepOtt /f04 1500 l JJAc. e ; ti aid o' (of, it � l�ltaovf4l [,.nit), - It, oi11 nd 1.11109'.9,11 r 1I. 114 n i,. pibto alepdkl, W . eaitettuct4T iota LEGIBILITY STRIP M 1 GDOµHto j'MEET .370 :NT Ac; eSS $l4et£ AccCSS er.- ra o AKEA 2.00. 02' 143.67' • 7 -s•94 MIN0R. LA PAKFITION Mc.D0A L. D STREET PARCEL w roe? 1254g EtRiDGEVIE0 F1OPOSED jr" G RD, OR. 9?22A 503) 199' -g557 NI C DONALD ra.EEz 0. WEAN D AlkON , at 6 No Eli s Ufa& STstocro it ES, X1aim& SEf .(JCE D V 4Y tiRf Cur Uwe,. NW' sn411 143.07 • W�MIThY rya' pA$T 6 em -ifez. a 430e/6 G-tto two a 7 -5 -PI SITE fNFOKMATtaN STEVEN W. `i bPP 02566 S.W. BRI GEVIE J CT TIC-41&D, OR.. 97223 csez} - 799-1/557 SITE si2.E- PIMe-?3Seat.4S, 2X1 T?MC VeDfcAThO RIGHT-or-WAY, ilke !Atm 6" CALe PEA_ M C DON ALD' TKEET e Rouse 0 PP 6S' 1„4200 Sr- %) SAGLt. Af. 1 1 a 'a.2a0 sr 1 va iCLt kilLt , A. yr. Ti as ;4 3 syr- 1 1 C%ctrLoa 84...%531 fizetov.so I 14 TAL.Tvir TiL r 'Aigi, A®DIIONA -. eoinfil I &IE TAE 7-4 PANT. MAC To at SopEa.iflsco LY A PttorEs5ict1,4 We'crLA NOS Eel- o G sr) 1 zoo, ea 143.07 w3TPi &4a -ofEg .(Tb 00'531'41E. oP W M siv TO BE it Es4oVai AS Alec $4 7 -55 -71 A p R1J1TION - MCDNALD ST1EET PARcEL C[L.4JO3) 5CAL.E, ins izt; so LAND PAKT rioN FRoPosED STEVEN W. -PPP J2S &t S.W. 8RwDGeVI JJ Cr TtG -Atit®, ctb: 97223 (503) 799-4657 • S I ICPIA at) IN) Peohlr60 L 'RAIN AGE PA TTEO.NS, *N. Co ua_sEs ANQ P0e40 • EXIST/14C,- .} '1 On &-fr/ES. A.10 Ell SEM Cid 7Z- 7 + I, 3 D 5' -A TiL. 20 S-E-E SH T. 7 1111111!....411' mVIZIII i% • ..]La] -■r. ".:-■111111111111111111111111 101111111111. -3111111z VT ',.,- ' AIN crillt I: iiIIIMEMINIIII 111111 ■ _ ill IMAM INOMill MINIIIM•1111■!111*111111111g1111111N1 INIMINP!' .._,...;0:7:40111111 4 — IIIIIIIIIIIIIIIIIIP= 11.1.11:111■Naiiim :mut ,......ii.■•1111114,411,11 ,. 11119 430- • October 2, 1996 Wayne Lowry Finance Director City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Purchase of Tax Lot 2S1 11BA 00103 Dear Mr, Lowry; When this sales agreement for this parcel was first signed, May 6, 1994, the closing date was set for two months after the signing date. The sale was contingent upon approval by the Planning Department for a 3-lot minor partition. As you know, I have been working with the Planning Department trying to resolve an issue with the wetlands on the property which is precluding approval of the partition. Recently, while there has been no official decision issued, it has been indicated that resolution of the issue will take even longer. Therefore, you tendered an offer to conclude the sale regardless of the Planning Department issues for $35,000. At this point, I am trying to assess my options with respect to this property and the change of intention from a 3-lot partition to a single lot acquisition which could conceivably be approved for a duplex structure, I am also gathering information on the legal aspects of the a_t_tts. Planning Division. see 477-4c//6-,D Knowing you are anxious to either conclude the sale or have it released for sale/auction once more, but also in consideration of the issues surrounding the property that I have patiently waited on the City to work through, I am going to ask for a little more time - but with a definite date. I would like an extension on the 8ales agreement to November 27, 1996, On that date, I will either conclude the purchase of the property at a price of $35,000"', or I will relinquish my agreement and will receive from the City a refund of my earnest money deposit of $1,000, any interest that has accrued on the $1,000 in the escrow account, a refund of the $253 application fee for the Minor Land Partition which was never processed by the Planning Division, and $500 reimbursement for the Wetland Delineation performed on the site - which will then be turned over to you for the use of a future purchaser of the parcel, [* Note: In the event that the parcel is somehow approved for a 3 -lot partition during this period, the sales price will remain at the originally agreed upon price of $45,150. The $35,000 sales price is only if I choose to exercise my option on the property without first receiving approval for a 3 -lot partition.] I hope this meets with your approval, and unless otherwise so informed I will assume 'hat it does. Sincerely;, Steven W. `Copp; A.ICI� FORCE Development, Inc. .ifts ler REC'D JUN 28 1995 June 13, 1996 Mr. Wayne Lowry, Finance Director City of Tigard 13125 SW Hall Blvd. P.O. Box 23397 Tigard, OR 97223 Re: Tax Lot 2S1 11BA 00103 Dear Wayne; This letter is to provide an overview of any understanding of our conversations and agreements pertaining to the above referenced property. 1. On May 26, 1994, we signed an agreement for my purchase of the property from the City in the amount of $45,100 based upon the bid made and accepted. That bid stipulated that it was contingent upon approval for a minor land partition of the property into 3 lots. This was a result of the bid offering indicating no sensitive lands on the site, and my own discovery of wetlands on the site. 2. Although the city was prepared to issue an approval of the 3-lot MU, it was withdrawn at the last minute because USA requires that the wetlands and a 25-foot buffer be established in a separate tract of land. The city requires that a separate tract of land not be counted in lot area calculations, and therefore if such a tract were to be established, there would be insufficient lot area to create any additional lots. Because this issue came up, you and I agreed that I would retain the option on the property until the issue could be resolved by the City. 3. My bid was the only bid tendered on the property, which had a minimum bid allowed of $35,000. In our discussions, we talked about the possibility that a 2-lot partition may become feasible if the 3-lot were not, and that the accepted bid on the site might be adjusted accordingly, but could not b less than the $35,000 minimum bid without going before the City Council, etc. My understanding of this is as follows: if approved for a 2-lot minor land partition, I will purchase the property for an amount of $35,000. If approved for a 3-lot minor land partition, I will purchase the property for an amount of $45,100, If not approved for a minor land partition, I may cauwel the sell at my discretion or alternatively, opt to purchase the lot for $35,000). 4. Since the bid documents indicated no sensitive lands on the site, and I was required to procure a wetland delineation for the site, we agreed that in the event I did not exercise my option on the property due to the city's denial of a partition request, the City would reimburse me for the delineation ($450). The delineation would become the property of the city, for tise in any subsequent attempts to auction the property. 5. You and I met with Jim Hendryx to discuss the dilemma between USA's requirements and the City's, also including the potential for Dean type suit. It was agreed to place the application, and said, on bold until July of 1996, to allow th e Planning Department to work on the issue. The hold would only result in a minimal accrual of interest (10%) against the $ 1,000 security deposit I made. Again, it was agreed that in the event that I did not exercise my option on the property due to the pity's denial of a partition request, the City would reimburse me for the interest ($200 to date). On June 12, 1996, 1 attended the City Council hearing, wherein the council considered a proposal b y an a pp licant to establish 100% de nsity transfer tor multi- family zoned property and the Planning Departmei is counter proposal for 25% density-transfer for all residential zones. The Council continued the hearing to July 9, 1996, to allow staff to come forward with a proposal somewhere in between and with dependable arguments / reasoning for whatever percentage of transfer was proposed. Therefore, since the issue will not be decided until after that date, and if the decision allows for density transfer which will benefit this property the application will still need to complete processing, q at the closing of the sale be postponed indefinitely, (but with an intent to close on or before September � would like to request w`� eptember 2'„ 1996), thus allowing additional time if necessary depending upon the outcome of the July 9 hearing. In the interim, I would also like to request that within the, next few weeks, the right -of -way and as much additional area as is reasonably feasible be mowed and the existing "for sale" sigma located on this lot for an adjacent property be removed - it gives the appearance that this lot is and has been for sale for a long time with no takers. Since the site is city property, you have the authority to have the sign removed. Since I have the option on the property, the only "for sale" sign on the site should be Mire in anticipation of approval of the MLP as allow,. for by ORS 92.016. If you have any questions, you may now reach me at the City of Beaverton, at 526 -2673. Thank you for all of your assistance in this matter. Steven W. Topp 12566 SW Bridgeview Ct. Tigard, OR 97223 c Jim Hendryx, Planning Director June 16, 1995 Jim Hendryx Director of Community Development City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Minor Land Partition/Tax Lot 2S1 11BA 00103 = Dear Mr. Hendryx; Thank you again for meeting with me last week Wednesday to discuss the current difficulties in pursuilig the above referenced land partition. I have considered our discussion and have decided that I can comfortably agree to the compromise proposed. Specifically: 1) The proposed minor land partition will be placed on hold, per my request, for approximately one year. 2) During that time, your department will look at possible revisions to code which may resolve the situation, such as allowing for an on-site density transfer, recognition of the area within a "tract” as included in lot area, etc. 3) During that time, the Unified Sewerage Agency will be looking at possible revisions to code which may resolve the situation. such as not requiring it to be a separate tract of land, but continuing to require some methods of protection. 4) If, at the end of the one year period the issue is yet unresolved, I may elect to exercise my option on the property. This will require a renegotiation of the agreed price (probably to the $35,000 minimum bid price) as acceptable to Wayne Lowry. I would then be free to receive a decision from your agency - likely a denial, and therefore pursue any appea I felt necessary. 5) If, at the end of the one year period the issue is yet unrosolved, I may elect to withdraw my option on the property. This will result hi a refund of my $1,000 earnest money deposit, reimbursement for the wetland, review I had performed ($500) and a refund of my application fee ($235). • • VI • • • • I hope I have correctly identified the parameters of our discussion and therefore our agreement. Please forward the enclosed copy of this understanding to the relevant party at the Unified Sewerage Agency. If you have any reservations or corrections to the above, please let me know. It not, please assume that this letter serves as my request to place the minor land partition request on hold for one year Thank you Steven W. Topp, AICP FORCE Development, Inc. c Will D' Andrea, Planner Wayne Lowry, Finance Director Unified Sewerage Agency FROM : 15T AMER' C7:1N T I TLE TO 1 503 539 1471 1995, 10-07 13: OS ##546 P.02/02 BID FORM F=OR VACANT PROPERTY LOCATED ON S.W. MODONAW STREET CO flMPLE: BY 'M NG OR AN BLUE OR BLACK INK ONLY Name: S re v e ..1 'f' Address: /E S -64 t 46- PE 7 -f► Ox. 97Z 2.3 Telephone ,. , 79 - ' 1t SS# -57.5 -7?- 7Z.. 70 'br£RIAtA,gpaf i i tr try t}�,4Ay4a :1s.A.8ba`Ap7tS3j, `Cofal Amount Af id Celin'Ecr '' Olt eC,a rd kr- PLY'' roar, wsLt. Our 11122, ego1 I ' ',cnna �ia1G- .d1li .tr7e0 r t $ Aae %.4.1. Amount of Bid "ecdri $ in the form of PR,orusr vt TT— If my bid is selected, l hereby a,gree to enter into an earnest money agreement with the City of Tigard for the purchase of vacant real property located on S.W. McDonald Street, Tigard, Oregon, within seven (7) days of acceptance of this bid by the City of Tigard. 1 understand that my bid security is non - refundable if i fail to exemite an earnest money agreement as set out above. If my bid is accepted, the deed to said property shall be in the name of: Signature of Person M. # Bid Printed Name Signature of Person Making aid Printed Name It kfric kildrArk yi"bu*104.14 $c #*'dtIe :1:* *M4*10,4 a i'ft**Onik*** dKt *ir-k i***'tk4.4*6 4-iiit kd l 6,1044ti,41 r,46t4e ACCEPTANCE OF RID DATE The City of Tigard, a Municipal subdivision October 2, 1996 Wayne Lowry Finance Director City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ----....magembaltOSSZINSMICSIMUNOMosz.o...) Re: Purchase of Tax Lot 251 11BA 00103 Dear Mr. Lowry; When this sales agreement for this parcel was first signed, May 6, 1994, the closing date was set for two months after the signing date. The sale was contingent upon approval by the Planning Department for a 3-lot, minor partition. As you know, I have been working with the Planning Department trying to resolve an issue with the wetlands on the property which is precluding mproval of the partition. Recently, while there has been no official decision issued, it has been indicated that resolution of the issue will take even longer. Therefore, you tendered an offer to conclude the sale regardless of the Planning Department issues for $35,000. At this point, I am trying to assess my options with respect to this property and the change of intention from a 3-lot partition to a single lot acquisition which could conceivably be approved for a duplex structure, I am also gathering information on the legal aspects of the delay by the Pleelning Division. Knowing you are anxious to either conclude the sale or have it released for sale/auction once more, but also in consideration of the issues surrounding the property that I have patiently waited on the City to work through, I am going to ask for a little more time - but with a definite date. I would like an extension on the sales agreement to November 27, 1996. On that date, I will either conclude the purchase of the property at a price of $35,000*, or I will relinquish my agreement and will receive from the City a refund of my earnest money deposit of $1,000, any interest that has accrued on the $1,000 in the escrow account, a refund of the $253 application fee for the Minor Land Partition which was never processed by the Planning Division, and $500 reimbursement for the Wetland Delineation performed on the site - which will then be turned over to you for the use of a future purchaser of the parcel, [* Note: In the event that the parcel is somehow approved for a 3 -lot partition during this period, the sales price will remain at the originally agreed upon price of $45,150. The ` $35,000 sales price is only it T choose to exercise my option, on the property without first receiving approval for a 3 -lot partities.] 1 hope this meets with your approval, and unless otherwise so informed 1 will assume that it does. Sincerely, Steven W. Topp, AICP FORCE ` Development, Inc. 4 V REC'D JUN 28 1995 June 13, 1996 Mr. Wayne Lowry, Finance Director City of Tigard 13125 SW Hall Blvd. P.O. Box 23397 Tigard, OR 97223 Re: Tax Lot 2S1 11BA 00103 Dear Wayne; This letter is to provide an overview of my understanding of our conversations and agreements, pertaining to the above referenced property. 1. On May 26, 1994, we signed an agreement for my purchase of the property from the City in the amount of $45,100 based upon the bid made and accepted. That bid stipulated that it was contingent upon approval for a minor land partition of the property into 3 lots. This was a result of the bid offering indicating no sensitive lands on the site, and my own discovery of wetlands on the site. 2. city P, it was Although the .city was prepared to issue an approval of etlands 3-lot and a buffer be withdrawn at the last minute because USA requires that the wetlands established in a separate tract of land. The city requires that a separate tract of land not be counted in lot area calculations, and therefore if such a tract were to be established, there would be insufficient lot area to create any additional lots. Because this issue Tame up, you and I agreed that I would retain the option on the property ::until the issue could be resolved by the City. 3. My bid only property, ` ' m bid allowed y was the Dail the possibility that a 2-lot partition .bid tendered about which had a minimum raay of $35,000. In our discussions, wet p �► :. .g be adjusted become feasible if the 3 -lot were not, and that the accepted bid bid without might before the City but could not be less than the $35,000 minimum bi going ty Council, etc, My understanding of this is as follows: ifaappwoved for ar veil f mr arland partition, I will purchase the property for an amount of $35,+ S . If app o 3-lot minor land partition, I will purchase the property for an amount of ' X5,100. If not approved for a minor land partition, I may cancel the sell at my discretion (or alternatively, opt to purchase the lot for $35,000). we sensitive lands on the site, and I was required to 4 Since indicated ce the bid. documents Andicated n procure a wetland delineation for the site, agreed that in the event I did not exercise my s ea option on the property due to the city's denial of a partition request, the City would reimburse me for the delineation ($450). The delineation would become the property of the city, for use in any subsequent attempts to auction the property, 5 and I met with Jim ,ry. discuss the dilemma between USA's tequi the eats You , 5. i I�en x to isc ola�i type. suit.. It was agreed place the City's, also including the potential for our 'g P type ty . application, and sale, on hold until July of 1996, to allow the Planning Department to work on the issue. The hold would only result in a minimal accrual of interest (10 %) against the 1,1000 security deposit I made. Again, it was agreed that in the event that I did not exercise my option on the property due to the city's denial of a partition request, the City would reimburse me for the interest ($200 to date). On June 12, 1996, I attended the City Council hearing, wherein the council considered a proposal by an applicant to establish 100% density transfer for multi- family zoned property and the Planning Department's counter proposal for 25 % density transfer for all residential Planning P p � density zones. The Council continued the hearin g to July 9, 1996, to allow staff to come forward with a proposal somewhere in between and with dependable. arguments / reasoning for whatever percentage of transfer was proposed. Therefore, since the issue will not be decided until after that date, and if the decision allows for density transfer which will benefit this property the application will still need to complete processing, I would like to request that the closing of the sale be postponed indefinitely, (but with an, intent to close on or before September 2, 19%), thus allowing additional time if necessary depending upon the outcome of the July 9 hearing. In the intet:un, I would also like to request that within the next few weeks, the right -of -way and as much additional area as is reasonably feasible be mowed and the existing "for sale" sign located on this lot for an adjacent property be removed - it gives the appearance that this lot is and has been for sale for a long tine with no takers. Since the site is city property, you have the authority to have the sign removed. Since I have the option on the property, the only "for sale" sign on the site should be mine in anticipation of approval of the ILP as allowed for by ORS 92.016. if you have any questions, you may now reach me at the City of Beaverton, at 526 -2673. 'hank you for all of your assistance in this matter. Steven W. Topp 12566 SW Bridgeview Ct. Tigard, OR 97223 Jim I-endryx, Planning Director 'a 9 II June 16, 1995 Jim Hendryx Director of Community Development City of 'Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Minor Land Partition/Tax Lot 2S1 1113A 00103 Dear Mr. Hendryx; Thank you again for meeting with me last week Wednesday to discuss the current difficulties it pursuing the above referenced land partition. 1 have considered our discussion and have decided that I can comfortably agree to the ,compromise proposed. Specifically: 1) The proposed minor land partition will be placed on hold, per my request, for approximately one year 2) During that time, your department will look at possible revisions to code which may resolve the situation, such as allowing for an on-site density transfer, recognition of the area within a "tracts' as included in lot area, etc. 3) During that time, the Unified Sewerage Agency will be looking at possible revisions to code which may resolve the situation, such as not requiring it to be a separate tract of land, but continuing to require some methods of protection, 4) If at the end of the one year period the issue is yet unresolved, I may elect to exercise my option on the property. This will require a renegotiation of the agreed price (probably to the $35,000 minimum bid price) as acceptable to Wayne Lowry, I would then be free to receive a decision from your agency - likely a denial, and therefore pursue any appeal I felt necessary. 5) If, at the end of the one year period the issue is yet unresolved, I may elect to withdraw my option on the property. This will result in a refund of my $1,000 earnest money deposit, reimbursement for the wetland review I had performed ($500) and a refund of my application fee ($235). *., . • ' • 5'^` !.**. r' A • I hope I have correctly identified the parameters of our discussion and therefore our agreement. Please forward the enclosed copy of this understanding to the relevant party at the Unified Sewerage Agency. If you have any reservations or corrections to the above, please let ni a knc w. If not, please assume that this letter serves as my request to place the minor land partition request on hold for one year Thank you Steven W. Topp, AICP FORCE Development, Inc. c: Will D'Anarea, Planner Wayne Lowry, Finance Director Unified Sewerage Agency o �S ► ,t 4 y �J /-` _ C- �A c-tJ �, r✓ rr G ,' I :Ea C �'� YIA ,J reo. c. 494r .., or. A /fI l e4r7oA FROM: DATE: RE: M it\togirllpattiAtnatters1 oteto.nist MU? %)10 .kPM3,11%) 1._1539' Q 33_9 to DaD ___15:Lt_11 4 7:96e:S.„:8,1k4,0OZ__13.E113.)ivt6tae ps:f she_ iRdskte m -�- 0 et q ok NAME t 630,18,0...40.04 VARA3e-S 'FEAR jg ►`� tip �. ' z . UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY May 4, 1995 William A. Monahan City Administrator City of Tigard 13125 S.W. Hall Blvd. Tigard, OR 97223 Dear Bill: MAY C 3 1995 4 * a SUBJECT: 25 Foot Undisturbed Corridor Rule Thank you for your letter regarding Unified Sewerage Agency's rule requiring a 25 foot undisturbed corridor between new development and sensitive areas such as wetlands. The Agency has already started a process to review its construction standards, of which this rule is a part. I have forwarded your comments to Agency staff for their-review prior to finalizing these rules. The Agency has encountered objections from developers similar to those you expressed when applying the buffer rule. However, the buffer is a part of the compliance plan with DEQ, and as such will need to remain a part of our program in some form. There may be opportunities to allow more flexibility in applying the rule, especially in a situation you describe where the property area is small. compared to the required buffer area The current rule allows some flexibility in sizing and shaping the buffer to fit the circumstances of the development. Simplified, the buffer needs to average 25 feet in width, but does not have to be 25 feet in all location.s. Also, in extreme cases, the runoff from the developed area can be intercepted and routed to a facility that will be equivalent to the buffer. The current rule does not allow flexibility regarding the tract vs easement issue. If it is a residential development, the current rule does require the buffer to be in a tract. I have spoken with a Mr, Steven Topp regarding the buffer issue. He understands that the isSue is under review in conjunction with the update of the construction standards and he will be inVited to participate. Additionally, we wouLd like to review the above and other issues relating to the standards with member cities and the County at a future Washington County Managers meeting. 155 North Fir st A:7E0U% Suite 270 one; 1-1111Shoro, Oregon 97124 FAX: 503)640.3525 • William A. Monahan May 4, 1995 Page 2 hope a representative of your planning and/or engineering staff can attend. Enclosed is the process established for the standards review. Sincerely, Bi l Gaff General Man ger P.O. BOX 370 PHONE (603 ) 684-0360 BEAVERTON, OREGON 97076 Legal Notice Aids - dieing AFFIDAVIT OF PUBLICATION STATE OF OREGON, COUNTY OF WASHINGTON, )ss. Iathy Snyder being first duly sworn, depose and say that I am the Advertising Director, or his principal clerk, of thda.g..= a-r4- -EE.me a newspaper and ws.0pg, published shad at circulation as defined in ORS 193.010 • Tigard in the Misr county and stag; that the , — tp s¢ • a printed copy of which is hereto annexed, was published in the entire issue of Raid newspaper for ONE successive and consecutive in the following issues: August 25,1994 Subscribed and sworn to ' ,re me 0113 _2 , L _. My Commission Expires: AFFIDAVIT 4 • c. impoundments (lakes and ponds) with average water in the summer of 1 acre-foot or more, or with a depth of 3 feet or more. Sensitive areas shall not include a constructed wetland, an undisturbed corridor (a buffer) adjacent to a sensitive area, or a water feirture, such as a lake, constructed during an earlier phase of a development for specific purposes not including water quality, such as recreation. The Agency and/or City shall require the applicant to provide a study identifying areas on the parcel which are or may be sensitive areas when, in the opinion of the Agency or City as an area or areas on a parcel may be classified as a sensitive area; b0 if the parcel has been included in an inventory of sensitivc1 areas adopted by the Agency or City and more site speciftc identification of the boundaries are needed. 6.08.3 Undisturbed Corrlda_E!guired New development or a division of land adjacent to sensitive areas shall preserve and maintain an undisturbed corridor for a buffer wide enough to protect the water quality functioning of the sensitive area The undisturbed corridor is a facility required to prevent damage to the sensitive area caused by the development. The undisturbed corridor shall be a minimum of 25 feet wide, measured horizontally, from the defined boundaries of the sensitive area, unless otherwise approved by the Agency or City as meeting the following exception. Where no reasonable and feasible option exists for encroaching within the minimum 25 foot undisturbed corridor, such as at a road crossing or where topography limits options, then a facility equivalent to the 25 foot corridor shall be provided. 6.08.4 Desi.n Standards for the Undisturbed Corridor The corridor shall be left in a natural state, or allowed to return to a natural state. No structures, development, gardens, lawns, or other activities shall be allowed which otherwise detract from the water quality protection provided by the corridor, except as allowed below: a. A road crossing the undisturbed corridor to provide access to the sensitive area or across the sensitive area b. Utility construction, providing the corridor is restored c. A gravel walkway o bike path, not exceeding 8 feet in Chapter 6 -- Additional SWM Standards -- Page 5 width. If the walkway or bike path is paved, then the corridor must be widened by the with of the path. A paved or gravel path may not be constructed closer than 10 feet from the boundary of the sensitive area, unless approved by the Agency or City. d. Measures to remove or abate hazards, nuisances, or fire and life safety violations. The Agency or City may require that the corridor be fenced, signed, delineated, or otherwise physically set apart from parcels that will develop. 10" 6.08.5 Location of Undisturbed Corridor In any residential development which creates multiple parcels or lots intended for separate ownership, such as a subdivision, the undisturbed corridor shall be contained in a tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. The Agency or City may require that the tract shall be dedicated to the Agency, or require an easement conveying storm and surface water management rights to the Agency or City and preventing the owner of the tract from activities and uses inconsistent with the purpc3se of the tract. Mitiaion The adverse affects to water quality and quantity of any work in a sensitive area shall be compensated by an amount of mitigation and replacement necessary tO replace the water quality functioning of the sensitive area as determined by the Agency or City. No fill, removal, or modification of a sensiive area shall be approved unless there is no reasonable and feasible alternative, as determined by the Agency or City. 6.09 Placement of Water Qualit. FaCilitiel Chapter 7 specifies that certain properties shall install water quality facilities for the purpose of remoVing Phosphorous. No such water quality facilities shall be constructed within the defined area of existing or created wetlands unless a mitigation action, approved by the Agency or City, is constructed to replace the area used for the water quality facility. The water quality facility shall not be placed in the undisturbed corridor required in Section 6.08.3, unlesa the corridor is widened to compensate for the placement of the water quality facility. Chapter 6 -- Additional SWM Standards -- Page 6 OTN: A t fl -MEET soma jec£s5 E 4401 A KcA a STEVEN W. TOPP las‘c s.W. 13RwwGEv,E14 cr. TVGAM) OR x 223 (so3') 799 - 4557 LEGIBILITY STRIP ThEET 5, 200 sP3 1.14,9573 Vaikesg /VIM ; t tIsM t.t. AL %A weir jacmrikitael. (%c•Ittia 64.4su Gi`. kEpumnEt01 H EAa:T7 > c2oe?'M774L Pi-ANTED. WO9jc. To SS so ttYase-® 2Y A ftor Star3AL- OsTLAAJOs ecoa . oG4sr) gES a ITV 6 1- cA',a /EEL Ees OUT'S tot_ OF WETMi3O SVFF - B C A.Eitowtv As NeeE5SdgY aulb -6FAG bl ?`5'24 g_CALE LAND PAKTFflON _ S S3EXEN Top j s66 S. #. $RIDGEVa €84 CT: i a-A ft p, Ork. 97223 (oa) 199-4657 [Page Too Large for OCR Processing] r. MEMORANDUM CITY OF TIGARD TO: Will D' Andrea. FROM: Michael Anderson, Development Review Engi SUBJECT: MLP 94-0011; SLR 94-0003 STEVEN TOPP Applicant is requesting approval to divide Tax Lot 103, a parcel located ON SW McDonald Street into three parcels of approximately 9338 sft, 9339 sft and 10,060 sft respectively. An identified wetland area crosses the rear portion of the site. Au c ust 2, 1994 Endings :. 1. Streets: Access to the site is provided by SW McDonald Street, a major Collector as shown on the City Comprehensive Plan. The street has been improved to collector street standards, with the exception of the sidewalk, and the right-of-way width is 60 feet. No additional dedication is required of this site The applicant should be required to construct the sidewalk with the future residential construction. pp proposes common access driveway for Lot 1 and 2, and The applicant ro Dees a comma g driveway for , The applicant common driveway a joint a single maintenance ae reamer �e for ltc..an1- should establish and the use and g agreement should be referenced on the partition plat and become part of the applicable parcel deeds. 2. Sanitary Sewer: Sanitary sewer service is provided by the existing 8" sewer located in an easement along the southerly boundary ndary line of the site, and has sufficient apac�ity for the proposed development. The applicant ca.e•� c provide p report Verify that the sewer should. rov�.de � preliminar title re ort to vtuise, the applicant is located within , ' sin a public easement. Other Wiser be required to dedicate a fifteen foot wide easement to the City of Tigard for the existing sewer main: 3. Storm Sewer: The southerly direction towards the wetland area at the rear of the property pp qu .. property slopes . The applicant should be re .red t all stew roof ,rind urbe�reinSW NlCDona a. St �e�the proposed to direc development to the existing c ENGINt • , . � ,. , ER1N� C0�lN1��TTS MLP 94-��i, SLR:94 -�.1. STEVEN TaPF PAGE 1 41, , • Recommendations: ALL CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED PRIOR TO RECORDING THE FINAL PLAT WITH WASHINGTON COUNTY. 1. The applicant shall obtain a street opening permit for the driveway construction in SW McDonald Street at locations to be approved by the City Engineer. Forms are available at the City public counter. STAFF CONTACT: Diane Jelderks, Engineering Departmant (639-4171) 2. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. STAFF CONTACT: Diande Jelderks, Engineering Department (639-4171) 3. Final Plat Application Submission Requirements: A. Three copies of the partition plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. The partition plat and data or narrative hall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05) , Washington County, and by the City of Tigard. STAFF CONTACT: John Hadley, Engineering Department (639-4171) 4. The applicant shall provide a preliminary title report to verify that the existing sewer crossing the site is located within a public sewer easement. If not, the applicant shall dedicate a 15 feet wide easement to the City of Tigard for the sewer. The dedication document shall be on City forms. Instructions are available at the public counter, and from the Engineering Department. STAFF CONTACT! Diane Jelderks, Engineering Department (639-4171) PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY ASSURED: 1. Provide the Engineering. Department with a recorded mylar copy of the partition plat; or if not recorded with Washington County but has been approved by the City of Tigard the applicant shall have 30 days after recording with Washington County to submit the copy. 2. The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system or to the public street STAFF CONTACT : David Scott, Euilding Division (639-4171), APPROVED: • Randall R. Wo,l4, City Engineer \gNCINEENVAT,P94-13..mja ENGINEERING COMMENTS MLP 94-11; SLR94-11 STEVEN TOPP PAGE 2 ,...t,..............,„,............................ 411 July 27, 1994 Will D'Andrea City of Tigard Planning Department 13125 SW Hall Blvd Tigard, OR 97223 RE: it4L)? 94-0011 SLR 94-0003 DIVISION OF STATE LANDS STATE LAND BOARD BARBARA ROBE"TS Governor PHIL KEISLING SecreLny of State JIM HILL State Treasurer Dear Will: I have received and reviewed a copy of an application for 3 minor land partition and a sensitive lands review in Washington County. This project may involve lands or interests managed or regulated by the Division of State Lands (Wetland8). We will need more details of the plans before making any further determinations. If a review of the Nationwide Wetlands Inventory finds the plan includes wetland areas, under the Oregon Removal-Fill Law (ORS 196.800 - 196.990), removal, filling, or alteration of 50 cubic yards or more of material within the bed or banks of the waters of this state requires a permit from the Division of State Lands. Waters of the state include the Pacific Ocean, rivers, lakes, most ponds and wetlands, and other natural water bodieS. PurSuant to ORS 273,225 - 273.241, 274.525-274.590, and OAR 141-14-070, 141-14-020, the applicant will wiled to obtain a ro;:alty lease or license from the Division prior to remJving any material from Division-owned lands within the plan or project area. If the proposed plan/projedt affedts land owned or regulated by the Division, according to ORS 274, the applicant muSt have an easement or lidense for the use of these landa. 775 Suirarker Street NE Salem, OR 97310-1337 (503) 378-3805 FAX (508) 3784844 Thank you for the opportun: ty to comment. A copy of the plan and this response has been forwarded to Bill Parks, Resource Coordinator. For further information and assistance, please contact Bill at the Salem Office, 775 Summer St. NE, Salem, OR 97310, or by calling 378 -3805 ext. 234. Sincerely, Shannon K Relaford Planning and Pciicy Section Cc: John Lilly Steve Purdhase Bill Parks a TO: • EggurgsT FOR COMMENTS DATF: FROM: Tigard Planning Department RE: MINOR LAND PARTITION MLP 94-0011 SENSITIVE LANDS REVIEW SLR 247S003 STEVEN TOPP A request for approval for a Minor Land Partition/Sensitive Lands Review approval to divide one parcel of approximately 28,737 square feet, that contains wetland area, into three parcels of approximately 9,339, 9338 and 10,060 square feet. LOCATION: (WCTM 25.1. 11BA, tax lot 103) south side of SW McDonald Street and east of SW 97th Avenue. APPLICABLE REVIEW CRITERIA: Community Development Code 18.50.050, 18.84.040(D), 18.88.040(C), 18.162.040, 18.162.050 and 18.164. ZONE: R- 4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single family residential units, public support facilities, residential treatment homes, faxming, manufactured homes, family day care, home occupations, temporary use, residential fuel tank and accessory structures. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future If you wish to comment on this application, we need your comments by August 1 , 1994. You may use the space provided below or attach a separate letter to return your comments. IfyouBre unable to regomlilly_lauLallove date please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigrd Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639- 4171. STAFF CONTACT: Will D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the prolposal and have no objections to Please contact of our office. Please refer to the enclosed letter. Written Comments: „\\ \vz. ciwekqla_sA \\*: (.01NuJA..1- 4csk-- 37- it. Name of Person Commenting: Phone Rumber: • TO: FROM: Tigard Planning Department RE: RE USLE4_r FOR COMMENTS DATE: 22_LTL,1.22djL_ MINOR LAND PARTITION MLP 94-0011 SENSITIVE LANDS REVIEW SLR 94-0003 STNVEN TOPP A request for approval for a Minor Land Partition/Sensitive Lands Review approval to divide one parcel of approximately 28,737 square feet, that contains tatland area, into three parcels of approximately 9,339, 9338 and 10,060 square feet. LOCATION: (WCTM 251 11BA, tax lot 103) south side of SW McDonald Street and east of SW 97th Avenue. APPLICABLE REVIEW CRITERIA: Community Development Code 18.50.050, 18.84.040(D), 18.88.040(C), 18.162.040, 18.162.050 and 18.164. ZONE: R- 4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary use, residential fuel tank and accessory structures. Attached is the Site Plan and applicant's statement for your review, From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Amemal, 199 4. You may use the space provided below or attach a separate letter to return your comments. you are uneble19MMOWLILY±1WLDIL)ye date please phone the staff contact noted blow with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall 81vd., Tigard, OR 97223. PHONE: 639- 4l71 STAFF' CONTACT: Wig D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please cot taft Please refer to the enclosed letter. t:Iritten ComMents: t of our office. ) 1 zi 474 74' e (...t 7, 4044.0 4.79 I-I ei4 /9 --Name of Person Commenting: Phone NUMbert '4/ 74 0 "1/16 4.40 ilBILITY STRIP i• a TO: EgguEsT FOR COMMENTS DATE: Jul 22 1994 0.1901.1•■••=110110■31.861 FROM: Tigard Planning Depw:tment RE: MINOR LAND PARTQ P4-001 SENSITIVE LANDS REVIEW SLR 94-0003 STEVEN TOPP A request for approval for a Minor Land Partition/Sensitive Lands Review approval to divide one parcel of approximately 28,737 square feet, that contains wetland area, into three parcels of approximately 9,339, 9338 and 10,060 square feet. LOCATION: (WCTM 281 11BA, tax lot 103) south side of SW McDonald Street and east of SW 97th Avenue. APPLICABLE REVIEW CRITERIA: Community Development Code 18.50.050, 18.84.040(D), 18.88.040(C), 18.162.040, 18.162.050 and 18.164. ZONE: R- 4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows singl family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary use, residential fuel tank and accessory structures. Attached is the Site Plan and applicant's statement for your review. Prom information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this applicatiOn, we need your comments by Ammat1, 1994. You way use the space provided below or attach a Separate letter to return your comments. LtioLare unable to rsgmIngWay_jtjlLig2rmAIltat please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639- 4111. STAFF CONTACT! Will D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it 101.0.41M.1.0M.11, Please Contact Please refer to the enclosed letter, Written COMMents: of our office. 4.11011■00■14011111l 11,1.111411.00/0.011.100.7.1M Name of Person Commenting: Phone Number: %ZEQLTFSx F ©R CflENTS FROM: Tigard Planning Department RE: MINOR LAND PARTITION MLP 94 -0011 SENSITIVE LANDS REVIEW SLR 94.0003 STEVEN TOPP A request for approval for a Minor Land Partition /Sensitive Lands Review approval to divide one parcel of approximately 28,737 square feet, that contains wetland area, into three parcc:. ",.s of approximately 9,339, 9338 and 10,060 square feet. LOCATION: (WCW 251 11BA, tax lot 103) south side of SW McDonald Street and east of SW 97th Avenue. APPLICABLE REVIEW CRITERIA: Community Development Code 18.50.050, 18A84.040(D), 18.88.040(C), 18.162.040, 18.162.050 and 18.164. ZONE: R- 4.5 (Residential, 4.5 units per acre) The R -4.5 zone allows single family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary use, residential fuel tank and accessory structures. Attached is the Site Plan and applicant's statement for your review. From information supplied by variouo departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Augrus, 1994 Yorx may use the space provided below or attach a separate letter to return your comments. If ou are; unable to r esnrand blr the above date, please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125'SW Hall Blvd., Tigard, OR 97223. PHONE: 639- 4171. STAFF CONTACT: Will D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to .t . Please contact _ _ of our office. Please refer to the enclosed letter. �„_�_ Written Cottiments : aloswwwormiwoRmarairognolia Name of Persot Commenting: Phone N'titnber :. TO: RE FOR CUD iEN S DATE: Jul 22 1994 FROM: Tigard Planning Department RE: MINOR LAND PARTITION MLP 94- 0011 SENSITIVE Laagas REVIEW SLR 94 -OUO3 STEVEN TOPP A request for approval fos. a Minor 'Land : artition /Sensitive Lands Review approval to divide one parcel of approximately 28,737 square feet, that contains wetland area, into three parcels of approximately 9,339, 9338 and 10,060 square feet. LOCATION: (WCTI4 2S1 11HA, tax lot 103) south side of SW McDonald Street and east of SW 97th Avenue, APPLICABLE REVIEW CRITERIA: Community Development Code 18.50.050, 18.84.040(D), 18.88.040(C), 18 .162.040, . 18.162.050 and 18.164. ZONE: R- 4.5 (Residential, 4.5 units per acre). The R -4.5 zone allows single family residential units, public support facilities, residenWolg t,reatment homes, farming, manufactured homes, family day care, home o oupations, temporary use, residential fuel tank and accessory structures. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. if you wie?'i to comment on this applicattn, we need your comments by Aucusgt 1 , 1994 . You may use the space provided below or attach a separate letter to return your comments. If you are unable tv resnon.d bay the above date.. please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639- 4171 . STAFF CONTACT: Will D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact Please refer to the enclosed letter. Written Comments: of our office. ei -41 Naive of Person Commenting: Phone Number: -",� j t., "( C- l 7 -- t D yr" TO Rg osT FOR COUNTS DATE: Jul 22 1994 FROM: Tigard Planning Department RE: MINOR LAND PARTITION MLP 94-0011 SENSITIVE LANDS REVIEW SLR 94= OQ 3 STEVEN TOPP A request for approval for a Minor Land Partition /Sensitive Lends Review approval to divide one parcel of approximately 28,737 square feet, that contains wetland area, into three p arcels of approximately proximately 9,339, 9338 � d 10,060 square feet. LOCATION: (WCTM 2S1 1 /BA, tax lot 103) south side of SW McDonald Street and east of SW 97th Avenue. APPLICABLE REVIEW CRITERIA: Community Development Code 18.50.050, 16.84.040(D)., 18.88.040(C), 18.162.040, 18.162.050 and 1;9.164. ZONE: R- 4.5 (Residential, 4.5 units per acre) The R -4.5 zone allows single family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary use, residential fuel tank and accessory structures. Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by gus.t 1 , 1994. You may use the space provided below or attach a separate letter to return your comments. limy are unable to om en �_ba�d confirm date l please pLone the staff noted below with our c your comments in writing as soon aas possible. If you have any questions regarding this matter, contadt the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639, 4171. STAFF CONTACT: Will D' Andrea PLEASE CHECK THE VOLLOWING ITEMS THAT APPLY: We have reviewed the proposals, and have no ob j ections to it Please dontact Please refer to the enclosed letter. Written Comments: of our office. ++`. Y,W,yypwrvn, G tid P..'NI , M ,,,, c,,,,'N w W.NN +.+tee Nowniu mo Yw Name of Person Commenting p -, eilar41. Phone Number: 1 215L REQUEST FOR COMMENTS ENTS DATE: Jul 22 1994 FROM: Tigard Planning Department RE: MINOR LAND PARTITION 4LP 94-0011 SENSITIVE LANDS REVIEW SLR 94-0003 STEVEN TpPP A request for approval for a Minor Land Partition /Sensitive Lands Review approval to divide one parcel of approximately 28,737 square feet, that contains wetland area, into three parcels of approximately 9,339, 9338 and 10,060 square feet. LOCATION: (WCTM 2S2. 11BA, tax lot 103) south side of SSW McDonald Street and east of SW 97th Avenue. APPLICABLE REVIEW CRITERIA: Community Development 18.164. C Code 18.50.050, yy . E9+r i"'LJd�..i`aG.9J� 1�Cr V.i�YY � t W+�kte V6Y ZONE: R" 18.84.040(D), (Residential,5S4.5sunits per 2ac.re) acre). R -4.5 zone allows single family residential units, public su pport facilities, residential treatment Tomes, farming, manufactured homes, family day care, home occupations, temporary use, residential fuel tank and accessory structures. tteched is thepSite Plan and applicant's statement for your ur review. From information supplied by e various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on phis application, we need pP your comments by Au.gttat 1 ; 1994. You may use the space provided below or attach a separate letter to return your your please contact noted below with yourbocomments b phone the staff and confirm your comments in writing as soon as possible. If ` P you have ar�y.c��xee�tions regarding this matter, contact the Tigard Planning Depertmen , 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639- 4171. STAFF CONTACT: W1,11 D' .Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed Uhe proposal and have no objections to it. Please contact ._._. of our, office. Please refer to the enclosed letter. Written Comments: A 25 foot undisturbed c" rridor is required adjacent to the sensitive area, this corridor shall not, be part of any bUildable lot. Un ified Sewerage Agency has submitted plans to the city indicating the removal of the existing sanitary sewer pump station, the site will still be encumbered by oval sewer easements, upon re i pump ump station the easement will revert to the city. Name of Person Commenting Phone Number: PROPOSAL DESCRIPTION FILE NO: MLP 94 -0011 /SLR 94 -0003 FILE TITLE: TOPP APPLICANT: Steven.Topp OWNER: Same 12566 SW Bridgeview Ct Tigard, OR 97223 799 -4557 REQUEST: A request for approval for a Minor Land Partition /Sensitive Lands Review approval to divide one parcel of approximately 28 737 sq, d,re feet, that contains wetland area, into three parcels of approximately 9,339, 9,338 and 10,060 Square feet. LOCATION: (WCTM 251 11BA, tax lot 103) south side of SW McDonald Street and east of SW 97th Avenue. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.50.050, 18.84.040(D), 18.88.040(C), 18.1.62.040, 18.162.050 and 18,164. ZONE: R -4.5 (Residential, 4.5 units per acre). The R-4.5 zone allows single family residential units, public Support facilities, residential treatment homes, farming, manufactured homes, family day care, home occupations, temporary use, residential fuel tank and accessory structures. CIT: South CIT FACILITATOR: Bill Mitchell PHONE NINBER: 639 -4008 CHECK ALL WHICH APPLY :' STAFF DECISION PLANNING COMMISSION DATE OF HEARING: _.___ TIME: HEARINGS OFFICER DATE OF HEARING: TIME: CITY COUNCIL DATE OF HEARING: TIME: THE FOLLOWING ATTACHMENTS ARE AVAILABLE FOR VIEWING IN THE PLANNING DIVISION: X VICINITY MAP NARRATIVE X . SITE PLAN LANDSCAPING PLAN ARCHITECTURAL PLAN OTHER: STAFF CONTACT: Will D' Andrea 639 -417: ? V' er -7/9 &r )t )C)t/ MEgr )& c jc9(A)61- q/ s vJ (HOC - roi X71 tAM4- %p-f, z i 69 411 gl((duJMm ,4Onjit/v4f °7 /ME r A e6f y J ,o6 /O /') -ru 1 Ci 4E G 7/T iAJ io 7/ ,cam //6l9 Co-mAA -7 /zz "I t)E Of ` 1 Vs, )2L)i °^JD7 1) E, O , ,e ai6A75 Itite7 tD, APP /z' ly`'t sd 61:13/q6 `,',44gC1,6 yv• pkar_ 4 // 4' r , 4Nt) 54 ; J, ,4fia lm-rox► �' 1,t 4 PROPOSAL DESCRIPTION FILE NO: MLP 94-0011 / SLR 94 -0003 FILE TITLE: TOPP APPLICANT: Steven Topp 12566 SW Bridgeview Court Tigard, OR 97223 OWNER Same REQUEST: A request for approval for a Minor Land Partition / Sensitive Lands Review approval to divide one parcel of approximately 28,737 square feet into three parcels of approximately 9,339 , 9,338 and 10,060 square feet. APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.50.050, 1F3.84.040(D), 18.88.040(C)(1), 19.162.040, 18.162.050, 18.164 LOCATION: (WCTM 251 11BA, tax lot 103) South side of SW McDonald Street and east of SW 97th Avenue. ZONE: R -4.5 (Residential, 4.5 units per acre) The R-4.5 zone allows single family residential units, public support facilities, residential treatment home, farming, manufactured home, family day care, home occupation, temporary use, residential fuel tank, and accessory structures. CIT: South CIT REPRESENTATIVE Bill Mitchell PHONE NUMBER: 639-4008 CHECK ALL WHICH APPLY: X STAFF DECISION COMMENTS PLANNING COMMISSION HEARINGS OFFICER CITY COUNCIL ATTACHMENTS X VICINITY MAP NARRATIVE C SITE PLAN DUE BACK TO STAFF _ ON DATE OF HEARING: TIME 7 :30. DATE {OF HEARING: TIME :7 00Q DATE OIL SEARING: ___ TIME : 7 : 3 0 LANDSCAPING PLAN ARCHITECTURAL PLAN OTHER: STAFF CONTACT: Wi11 D'Andrea 639- ,4171 CITY OF TIGARD, • 111 RECVN CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 • F.-CASE NO. OTHER CASE NO'S: RECEIPT NO. APPLICATION ACCEPTED BY: DATE: Application elements submitted: (A) Application form (1) (B) Owners signature/written authorization (C) Title transfer instrument (1) (D) Assessor's map (1) (E) Plot plan (pre-app check list) (F) Applicant's statement (pre-app check list) (44--Teeket-ei-Prette°124Y-elm"43-61"4 0.441,seeseete""el (H) Filing fee (t235) 1. GENERAL INFORMATION PROPERTY ADDRESS/LOCATION So0146146.-cxj1E12ttit.AL___ o. 5 1 111 Av 674 TAX MAP AND TAX LOT NO.._ 2I SITE SIZE . 62 AC.. Z COO 0 PROPERTY OWNER/DEED HOLDERIP,L ADDRESS _L2_ALILLIAlqa/.11L02 PHONE ...12.2.2=._ CITY riAteileo Ole. ZIP MIL_ APPLICANT* __2nvzg___7J ADDRESS PHONE CITY ZIP *When the owner and the applicant are different people, the applicant must be the purchaser of record or a leasee in possession with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this applicatIon in the space provided on page two or submit a written authorization with this application. 2. PROPOSAL SUMMARY The owners of record of the subject property request permission to divide 5. to into 3 containing 7TR7.7-RETWiTi1i7 _ and 10 000 ise-tes. (or square fee each . FOR STAFF USE ONLY DATE DETERMINED TO BE COMPLETE: FINAL DECISION DEADLINE: al area 933 COMP. PLAN/ZONE DESIGNATION: 11•1001•WINIOINOMMISIMI.O.1.1 N.P.O. Number: Planning Director Approval Date: Final Approval Date: 0519 P/13? Rev'd .$/$8. Planning Engineering esonreatimiont ...inewookacati R.aaordatinn Data and Nuialk,ber: 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: -Ars,7a&- holpiaS w ®.� 4. ,Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this application. 5. THE APPLICANT(S) , SHALL CERTIFY THAT: A. The above re.'.uest does not violate an deed restrictions taint may be ert attached to or imposed uson the subject B. If the application is granted, the applicant will exercise the rights gratted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the attachments, applicants application, false. above statements and the statements a t e p o p, and exhibits transmitted herewith, are trues and the so acknowledge that any permit issued, based on this may be revoked if it is found that any such statements are D. The applicant has read the entire contents of the application, including the policies and criteria, and utnderstands the requirements for approving or denyA.ng the application. DATED this sr— SIGNATURES of each owner (eg. husband and wife) of the subject property. 19-252-- (KSL :pm %0737?) CITY F UAW, PARTITION AP PLIangi .! 3 EGON CITY CF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 1. GENERAL INFORMATION PROPERTY ADDRESS/LOCATIONLLni2,1aLsellj_Q___ STP....evri, EA r 0 r 9 7m Avis TAX MAP AND TAX LOT NO 21 118A SITE SIZE 62 Ac. (-449Tolfla PROPERTY OWNER/DEED HOLDR*_W T 0 ADDRESS /!.566 BitIo6vieuJ Cr, PHONE 799 a/_ CITY 1-1425.Lq÷100A, ZIP _171/3 APPLICANT* /0 p • ADDRESS PHONE CITY ZIP *When the owner and the applicant are different people, the applicant must be the purchaser of record or a leasee in possession with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or submit a written authorization w2,th this application. 2. PROPOSAL SUMMARY The owners of record of the sub lent nronPrty request permission to divide M:4373/e. — (fofal area) into containing WI ( parcef ?s, 3 3s , andj9s19_,at:Faes2=6xr square Uet each). FOR STAFF USE ONLY CASE NO. ,g2 CtIV OTHER CASE NO'S: RECEIPT NO. APPLICATION ACCEPTED BY: DATE: -2-15-9,./1 Application elements submitted: (A) Application form (1) (B) Owner's signature/written authorization (C) Title transfer instrument (1) (D) Assessor's map (1) (E) Plot plan (pre-app check list) (F) Applicant's statement (pre-app check list) acklr (H) Filing fee (4235) ietze—end, DATE DETERMINED TO BE COMPLETE: FINAL DECISION DEADLINE COMP. PLAN/ZONE DESIGNATION: N.P.O. Number: Planning Director Approval Date: 10..101•11.1MMOMI Final Approval Date: Planning 0519P/13P Revd: 3/98 Engineering Recordation Date and Number' 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: ___Asuig 4. ,Applicants: To have a complete application you will need to scbLit attachments described in the attached information sheet at the time you submit this application. 5. THE APPLICANT(S),SHALL CERTIFY THAT: A. The above re nest does not violate any deed restrictions that ma be attached to or imposed upon the subject propert B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot plan, attachments, and exhibits transt'itted herewith, are true and the applicants -so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. DATED this 7 i-1 day of :1"; L 19 9 SIGNATURES of each owner (eg. husband and wife) of the subject property. (1KSL :pm /0737P) lis €a air 77z 4 525504'5 / AP r!J re. 3_4.2)._n_j___ Id.� x lit 3.67 ' =' %, 3 3.9 sue: Oar 2 _ 6S' x 1jj.C7' 9 33 ac' s — --�w �- ,--- --J %oT 3 70 o a' )1 -I 3, 67' lc.) Co 60 sF, L /5 II i A A.-a, 6'x. 41 /SAO LA .1 Z77- 4 A/ S /sJ Po ler 7o,d OF E-- RAI g..c 1 L.. 1.4‘0 IA) N I C-H A lid E - ei►hos /Ai ,41-rpAi /ekic %/aro f2Livisio4c14Er____,Z--- i,5 /q/ y I AJEeN77 ®#1/4,1 77b o d 46..:. our"' 7 r- 6Gila 3 €9 14 . /3 ,4Ci4SEZij .�.�VSlL/ES .esilklri 017 6U ESE.77141..- E�r�_1'v3'YoeJ w -1frel 7 7 E. CA..) .' :Anj S ANL f - AA'O sroo - f4 `a LE- (.02.11-AND- 1 4 , 4 6 nci AlG -- ✓E Cr'f-74 r ��I 011,0 , OF_A .. bed i "Es s %.1 ,.. , --- , Om et,S 7 3waiA/ 77/4 7! �._ � . � /.S litl � o'J � x+.31 a. �... � a S A ' s 44.... I-- CSI 4 /`r . u s- cd '" �S cF fJ is /1A) 02a/EL- dr w. �' ° - 7 L . 9• / Ma Alt .,dE • 7P24."'*. R r� " 'i� i'i�.iiY�xM; ;l C" t3`iNi:;i t;' E H Al'I il,ii\1 i" n tit a�ttc+ i 1 i+R!~ i~v". 'o e (J lsf +�/M*vr1M1Y /��JN14�pfKjN i�v "wr t�F ���N �r�tlYt �a�nq �WYS'WMNkwlMl 'I'VUM,hr�YY4Wuk lfivlHfW V'M 1.,`M, � I + T.H SI f / `ii i i` 1L < 'i' 1W. i H °i H AYE R' S5 't0 STATE OF OREGON County of Washington City of Tigard ) ) ss. AFF! AVIT OF ;.. BRING I, Patricia L Lunsford, being first duly sworn/affirm, on oath depose and say: that I am an Administrative Specialist Ii for The City of Tigard, Oregon. That I served NOTICE OF (AMENDED 0) PUBLIC (Chosft bat Waved/ aometcskte) 0 0 0 0 That I served NOTICE OF (AMENDED 0) r ING FOR: City N Mart Olregou (check appmpnwie Base tarp (Enter Pub Kaan+g �w auaroo City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council DECISION FOR: City of Tigard Planning Director That I served NOTICE OF (AMENDED 0) 0 0 0 0 Ow* applopente boas Mow} City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council That I served OTHER NOTICE OF A copy of th ` PUBLIC HEARING NOTICE/NDTICE OF DECISIO of which is atta red, marked Exhibit °'A ", was -*Ircl to each attached list(s), 7arked Exhiba `°B" of tl _ , d o in the, "United S = tea Mail on t e ;. L da ° w . ar Prep :P"` otice TICE OF FINAL (S) rson(s) at the add re s ORDER/OTHER ��o � he c Vic) 1 # - //' .r . 199 , and deposited postage prepaid. rte.. ... .. Subscribed and sworn /affirmed ed before me on the 4 h +:►; DIANE I JELDERKS NOTARY PUBLIG.OREGON COMMISSION NO, 046142 MY OOMM($SION, EXPIRES SEPTEMBER 07, 1999 woreormiremod IN 0. r CASE' No.(5): / 4t, i TY'C OP NOTICE Bc DATE: NOTARY PU My Commissi OF ORE I~ +/ pares: EXHILI a L______AEELPGA:ELQNAUJVIIMARY CASE: Minor Land Partition _ LS' 11 P ( MLP 94-0011 • PROPOSAL: A request for Minor Land Partition approval to divide one (1) parcel of approximately 28,737 square feet into three (3) parcels of approximately 9,339, 9,338, and 10,060 square feet. APPLICANT: Steven Topp OWNER: City of Tigard 12566 SW Bridgeview Court 13125 SW Hall Blvd. Tigard, OR 97223 Tigard, OR 97223 ZONING DESIGNATION: R-4.5 (Residential, 4.5 units per acre). LOCATION: WCTM 2S1 11BA, Tax Lot 103. South side of SW McDonald Street, east of SW 97th Avenue, and west of SW 93rd Avenue. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.60, 18.162.040, 18.162.050, 18.164.030, 18.164.090, and 18.164.100. ECTIOKILL DECSION . • • Notice-.11..heroby,..9)■fon.tiOittliO.HOitk,'Of..7rijor0,00t.i00001typevf.01+.)e,004f:,011:',0,0t.ot.":„..!...,..:., .. • ... ..,-:••••........,...,:.,........ • designee has DENt.:0,:th01.0000.t.'0140t...,17....40.f..iidiog$•00.0.00.0010t10..0$:00.11,1110j1i.:140.......,,,,:. •-•• ..,.... H.. ••••. •• .. ... •• . • ,• . ••• :. • ••.. •..•.•..•••• •• • .... .. .• . .,......•..,,•,•...,.,..•...,,•.••••....,.....,.•.• .• .....„.....•.,,..• „.• .,..;•......, ,...,,....,.,..,.••,..„ • • • : i .: .' ',', ....,, • ,'....deeisiort-robased..'ars,',.notet[in...i Section IV. l'„.' ......-.,,:::•,'-:!•-.,•-••,:.::•.;•••,,•t:'-:,••,•,...,,•...i,-r,s.'„:::•:••••,::,:-..,.'.-7.;.•........,,-•-•....:.....,•!.-i.,...-..'•'..r.".:.• ... ,.. ........... .,...... .,....... ........,............,......, ,.,......................,..............,...,...........„,.........................,... ....,,,....,..,..............,......„,..„..,..................,........,....,.„. .. . ...., .,..,,..,„,...H...,..,...,....,„............,..,................,,.........., ... .. ..,.........!. ;.......,„,.,,,.:,...,,,...,,, .,,,.,.......,.:. .....,.„.,,,......,„..,,,...„...,...7.,„:„...,:....„.„,„•:,„.„„,;...„.„...„..,..„ ••• .. . NOTICE OP DECISION TOPP PAL 4-0011 PAGE 1 �•1 III. i AQ} INRIRMAIE 4 arQperty est�ry, Washington County foreclosed on the property for failure to pay property taxes. The City paid the back taxes on the property and acquired the property from Washington County. The City intended on selling the property to recoup moneys due the City from the failure r..�� (LID). The LID moneys total to make payments on a Local. Improvement Dist: i�:.q (,„�f� �� to sell the property. One approximately $50,000.00. The City went out to bid in an effort p bid was received on the property for $45, , 0.00. The � 50.00. The minimum bid v.�as $35 0(� applicant made pp lade a lication to partition the property into three lots. The applicant had requested that the application be placed on hold while the applicant waited the outcome Unified Sewerage Agency's process to revise it's standards and the City's review of a of request to allow density ti ansfer from wetlands. Neither of those reviews proved beneficial to this application. No other development applications were found to have been filed with the City. Jte information aaaaaaa Proposal � This site is approximately 28,737 square feet in size. The site is vacant with frontage on SW McDonald Street A tributary of Fenno Creek runs the length of the southern property line. The site slopes down from its frontage on SW McDonald Street to the tributary of Fanno Creek. A wetlands area is found on the southern portion of the propr, adjacent to the tributary. A sanitary sewer pump station and driveway is located on northwestern corner of the property. The applicant is proposing to divide one (1) parcel of approximately l 28,737 square feet into three (3) parcels of approximately 9,339, 9,333, y sg and 10,060 square feet Ii/ APP'LIC �I IRIT RI NDIN s MINOR I, A I�ARTITIOI�i Section 18,162.04Q contains the following general approval criteria for a Minor Land Partition: 1 The proposal conforms with the City's Comprehensive Plan; 2 The proposed partition complies with all statutory and ordinance requirements and regulations; Adequate public facilities are available to serve the proposal; 4e All proposed lots conform to the size and dimensional requirements of this title; and agency 5. All proposed improv . merits meet City and applicable standards dards (Ord. 89 -06; Ord. 83.52)a NOTICE OF DECISION TOPP - NEP 94- 0011 EROS 2 Criteria 1 is satisfied as the property complies with the Low Density Comprehensive Plan designation. Criteria 2 is not satisfied. As discussed in the next section, the proposal cannot provide the 7,500 square foot minimum lot size required of the R-4.5 zone. Criteria 3 could be satisfied as public facilities are, or could be, conditioned to be available to serve this proposal Criteria 4 is not satisfied. As discussed in the next section, the proposed lots do not conform to the minimum lot size requirements of the R-4.5 zone. Criteria 5 could be satisfied as all improvements could meet City and applicable agency standards. Section 18.162.050 contains the following special provisions for lots created through the Partition Process: 1. Lot Width:. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. 2. Lot Areal The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area calculationu Lot Frontage: Each lot created through the partition process shall front a public right-of-way by at least 15 feet, or have a legally recorded minimum 15 foot wide access easement. 4. aethasks..:. Setbacks shall be as required by the applicable zoning district. 6. Front Yard Determination for Flag Lot When the partitioned lot is a flag !ot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. 6. S re Loisi A screen shah be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. Screening may aiso be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. 7. Fire Pro_tection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities. 8. Red Where a common drive is to be provided to serve more than one (1) lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map, 9. Accessway: Any accessway shall comply with the standards set forth in Chapter 18.108; Access, Egress, and Circulation. 10. Floodplain: Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. NOTICE OP DECISION TOPP WILP 04-3011 PAGE 3 Criteria 1 could be satisfied as the proposed lot widths are approximately 65, 66, and 69 feet respectively, exceeding the minimum 50 -foot lot width requirement in the R-4.5 zone. Criteria 2 is not satisfied. The minimum lot size required in the R-4.5 zone is 7,500 square feet. The applicant has submitted a wetland delineation, prepared by Philip Caddis, PhD., which determined that the property contains wetlands,. The City of Tigard has adopted Unified Sewerage Agency regulations (R &O 91 -47) pertaining to sensitive areas and undisturbed corridors. Section 6.08.3 states that new development or a division of land adjacent to sensitive areas, shall preserve and maintain an undisturbed corridor for a buffer wide enough to protect the water quality functioning of the sensitive area The undisturbed corridor is a facility required to prevent damage to the sensitive area caused by the development. The undisturbed corridor shall be a minimum of 25 feet wide, measured horizontally from the defined boundaries of the sensitive ~area, unless otherwise approved by the Agency or City as meeting the following exception. Where no reasonable and feasible option exists for encroaching within the minimum 25-foot undisturbed corridor, such as at a road crossing, or where topography limits options, then a facility equivalent to the 25 -foot corridor shall be provided. The applicant has not provided plans equivalent to the 25 -foot corridor. Section 6.08.5 states that in any residential development that creates multiple parcels or Tots intended for separate ownership, such as a subdivision, the undisturbed corridor shall be contained in a tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit. The City has also received comments from Unified Sewerage Agency which states that a 25 -foot corridor is required and shall not be a part of any buildable lot. The applicant's p indicates plan ndicates that the proposed ro osed Tots are .., roxirnately 9,339, 9,335, and 10,060 square feet in size. The proposed plan also indicates that approximately 5,200, of the delineated wetland. 5,200 and 4,950 square feet of the proposed lot,, are outside The delineated wetland runs the length of the property. If the wetland area was to be provided in a separate tract, the resulting approximately 5,200, 5,200 and 4,950 square lots i square foot minimum lot requirement of the foot ic�rs would not meet the minimum 7,500 � ' ' . 500ple parcels, the undisturbed corridor shall he in the partition creates m p p , contained zone. a separate tract. Provision of a separate tract for the wetland and 25 -foot bontained is a the proposed osed lots to even Tess than the 5,200, 5;200 and 4,950 square �.�,��r reduces p p feet on non- wetland area Since the requested 3 lot partition does not provide for the 7,500 square foot minimum lot size, the request must be denied. Criteria 3 could be satisfied as the lots contain approximately 65, 66, and 69 feet of front g the minimum 1 5 feet of frontage g Street, exceedin zone are as follows: front yard-20 feet;. frontage on SW McDonald Stre ' - s 5 zo Y + in the R requirements, The required setbacks feet. Compliance with setbacks, and 15 feet, garage-20 p yard-5 ' - cr . have been reviewed when they were built side and ,� feet rear yard-15 Criteria 4, on the newly created parcels Would h upon. 'r' and applicable these lots are a flag lot. The applicant feria 5 ad 6 are not a lecable as none of this, .scant with. Uniform Fire Code would have to demonstrate that fire y hydrants be consistent h drants �vi�uid satisfied as a standards, in accordance with Criteria 7, Crit��ri i 8 could be sa i joint use and NOME OF bECisioN maintenance agreement could be provided for the common driveway. Criteria 9 could be satisfied as a driveway would be required for the proposed lots when the are built upon. Criteria 10 is not applicable as none of the parcels are within the fioodplaina $ection 18,88.010 (Solar Access) states that all newly created lots within the City of Tigard shall promote the u5e of renewable energy sources by providing for improved access to sunlight for residential dwellings. A lot meets the brLic requirement if it has a north-south dimension of 90 feet or more and has a front lot line that is oriented within 30 degrees of a true east-west axis. With the requirement of a separate tract for the wetland and buffer, the proposed lots would not meet the basic requirement. The applicant would have to provide evidence of compliance with one of the other methods of compliance. ,Sections 18.164.030 (Streets), 11,164020 (Sanitary Sewer), and lt164.100 (Storm Drains) have been addressed and are satisfied as specified below: Streets: Access to the site is provided by SW McDonald Street, a Major Collector as shown on the City Comprehensive Plan. The street has been improved to collector street standards, with the exception of the sidewalk, and the right-of-way width is 60 feet. No additional dedication is required of this site. The applicant should be required to construct the sidewalk with the future residential construction. The applicant proposes a common access driveway for Lot 1 and 2, and a single driveway for Lot 3. The applicant would have to establish a joint use and maintenance agreement for the common driveway and the agreement would have to be referenced on the partition plat and become part of the applicable parcel deeds, Sanitary Sewer: Sanitary sewer service is provided by the existing 8" sewer located in an easement along the southerly boundary line of the site, and has sufficient capacity for the proposed development. The applicant would have to provide a preliminary title report to verify that the sewer is located within a public easement. Otherwise, the applicant would have to be required to dedicate a fifteen foot wide emement to the City of Tigard for the existing sewer main. Storm Sewer: The property slopes in a southerly direction towards the wetland area at the rear of the property. The applicant would have to be required to direct all new roof and pavement drainage from the proposed development to the existing curb in SW McDonald Street. TC)PP - M1.0 04-00 1 WINISNIMEIMENESHEir V. A E C . a ,IfirtrilliglaniMANINtlialLINISLIWAImistErmouswavomm..... The City of Tigard Building Division has reviewed this proposal and has offered the following comments: All new residences shall be connected to the public sanitary sewer; all concentrated storm water shall be conveyed to the public storm sewer or to a designed and approved private system. The Division of State Lands has reviewed this proposal and has offered the following comments: This project may involve lands or interests managed or regulated by the Division of State Lands (Wetlands). This agency will need more details of the plans before making any further determinations. If a review of the Nationwide Wetlands Inventory finds the plan includes wetland areas, under the Oregon Removal-Fill Law (ORS 196.800 - 196.990), removal, filling, or alteration of 50 cubic yards or more of material within the bed or banks of the waters of this state requires a permit form the Division of State Lands. Water of the State include the Pacific Ocean, rivers, lakes, most ponds and wetlands, and other natural water bodies. Pursuant to ORS 273.225 - 273.241, 274.525 - 274.590, and OAR 141-14-070, 141-14- 020, the applicant will need to obtain a royalty lease or license from the Division of State Lands prior to removing any material from Division-owned lands within the plan or project area. If the propm,ed plan/project affects land owned or regulated by the Division, according to ORS 274, the applicant must have an easement or license for the use of those lands. The Unified Sewerage Agency has reviewed this proposal and has offered the following comments: A 25-foot undisturbed corridor is required adjacent to the sensitive area, this corridor shall not be part of any buildable lot, Unified Sewerage Agency has submitted plans to the City indicating the removal of the existing sanitary sewer pump station, the site will still be encumbered by sewer easements. Upon removal of the pump station the easement will revert to the City. The Tualatin Valley Fire District has reviewed this proposal and has offered the following comments: Hydrant required within 500 feet of all portions of .structures, if new hydrant is to be added the location shall be reviewed and approved by Tualatin Valley Fire and Rescue and the City of Tigard Water Department. Inspection of finai construction of access and water supply is required. The City of Tigard Maintenance Services Division, City of Tigard Police Departm rat, City of Tigard Water Department GTE and Portland General Electric have reviewed the proposal and have offered no comments or objections, NOTICE or DECISION TOPP M 94-0011 EC Matig-ei Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance Affected government agencies Any party to the decision may appeal this decision in accordance with Section 13.32.290( A ) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within 10 days after g notice is given and sent. The appeal fee schedule and forms are available from the Planning g Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. you have any questions, please call the City of Tigard Planning Division, Tigard City Hall 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. , PREPARED BY: William D "Andrea Associate Planner _ ctober 31,,,,. e DATE _____S)..othIAL31, 1 996 APPROVED BY: Richard Bewersdorif DATE Planning Manager ._ ..: TOPP - IiALP x-0011 PAGE NOTICE OF DECISION MCDI: STREET Olt AMU 161 oeo zoojoa SITE KLAN EXHFIT M .L' x' � .1• r F. ' ' �`. ', . 1 'w l d y "� ?`�»�A , "�7 V14; IEWCT INEZ S 1.177-7775717-- 1 7, —LPty 1 of EXMBIT 2S111BA -08700 COURTNEY, RONALD B & VICKI R 14124 SW 97TH AVE TIGARD,OR 97224 25102CD- 02500 FLETCHER, PAUL M BETTY J 9555 SW MCDONALD RD TIGARD,OR 97223 2S111BA- 08600 HUGHES, DAVID A AND VICKIE M 9435 SW MTN VIEW LN TIGARD,OR 97224 2S102CD -02402 KUHN, FRED R MARLYS A 9455 SW MCDONALD ST TIGARD,OR 97223 2S111BA- 08900 LAUTT, RONALD R & ANNA M AND COPE, DERRICK A & RHONDA A 14140 SW 97TH AVE TIGARD,OR 97223 25111BA -00101 LAUTT, RONALD R AND ANNA M 14140 SW 97TH AVE TIGARD,OR 97224 2S111BA -06100 MAWHIRTER, ARLIE L AND IRENE TRUSTEES 9265 SW MCDONALD ST TIGARD,OR 97224 2S111BA -06400 MAWH$RTER, ARLIE L AND NE ;TEES 9265 S ONALD ST TI D,OR 9724 28102DC -02100 CROW, GERALD W JR & CHAREE 26 BEiCKET ST LAI E OSWEGO,OR 97035 2S111AB -03300 FRENI, THOMAS E AND LYNNE- FRENI, TRACIE 9430 SW MCDONALD ST TIGARD,OR 97224 2S1118A -00106 HUSVAR, ARSE B 14200 SW 97TH TIGARD,OR 97224 2S102CD -02403 KUHN, FRED R M SA 9455 S NALD ST AGIKRD,OR 97223 2S111BA -09000 LAUTT, r RONALD R & ANNA M DNS COPE, DERRICK A DA A 141405 AVE D,OR 97223 2S111BA -00105 ,� LAUTT, RONALD I 'A AA N1 VI 14140 SW D,OR 97224 2S111BA -063( J MAWHHRTER, ARLIE L AOI i E TRUSTEES 9285 S1lNALD ST T1'D,OR 97224 25111 BA-06500 MA! ": -IIRTER, ARLIE L AIL I'L4E TRUSTEES 9265 SW + a • NALU ST D,OR 97224 2S11 BA- 03600 M.1WHIRTL'.?, ARLIE LAND 'ENE Tf?JJbTEES � _—'' ,1265 SW R51�IALD ST -11 D,OR 6' 224 2S11 i BA -06200 MAWHIRTER, ARLIE L 'RU 9265 SW M N I ttD ST 97224 2S102CD- 02'618 NICHOLSON, THOMAS 0 VICKI L 9675 SW MCCioNALU TIGARD,OR 9; 224 2S102CD -0240b OTIS, 9RIAN & LORRAINE 9425 5W IVICCU IALD TIGARD,OR 97' 24 ,rI [-I" -QO I 2S111BA -00109 'PARKER, THOMAS D /LINDA L 14110 SW PITH AVE 'ORTLANO,OR 97224 2S102CD -02804 SHIRLEY, JULIA A 9610 SW HILLVIEW COURT TIGARD,OR , 97223 2S11IBA -06101 TIGARD, CITY OF 13125 SW PO 23397 1,16ARD,OR 97223 2S111BA -00111 WASHINGTON COUNTY FACILITIES MGMT -PROP MANAGER 155 N 1ST AVE 0320 HILLSBORO,OR 97124 • Opp 1-fl-X-1 I I (UN CI) 2S111AB -03200 SCHWAR7ER, GERTRUD E & PETER H TRUSTEES 9330 SW MCDONALD TIGARD,OR 97224 -5932 2S111Ak3 -03100 SMITH, CY T & NORSKE, DIANE 14135 SW 93RD AVE TIGARD,OR 97224 2S111BA- 00103 TIGARD, CITY 1125 ALL BLVD T.IG RD,OR 97223 STEVEN TOPP 12566 SW BRIDGEVIEW CT. TIGARD OR 97223 WETLAND DELINEATION STEVEN TOFF PROPERTY TIGARD Prepared by: Philip K. Gaddis, PhD, 1519 Z St. Vancouver, WA 98661 Prepared for: Steven Topic WETLAND DELINEATION Steven Tapp Property MacDonald St. just east of 97th Ave., Tigard Oregon Delineation by: Philip K. Gaddis, PhD. Waterbodies, wetlands: Tributary to Fanno Creek, Palustrine Emergent Wetland (PEM1) in the floodplain of the tributary, Soils: Huberiy silt loam, Typic Fragiaquept, hydric; Quatama loam, Aquultic Haploxeralf, non- hydric. Hydrology: The Fanno Creek Tributary appears to be a permanent, year -round stream. The flood plain emergent wetland is fed by the stream and also appears to receive shallow groundwater flow from the sides: Vegetation: The emergent wetland is dominated by reed canarygrass (Phalaris arundinacea) and Pacific willow (Salix lasianara). The surrounding slopes are dominated by a thicket of Himalayan blackberry (Rebus discolor). Part of the upland area is covered by red alder (Alnus rubra). The subject property consists of approximately 0.66 acres located betwe l MacDonald Street and a tributary of Fanno Creek just east of 97th A.ve, The site slopes down p n from its frontage on MacDonald Street to the tributary of Fanno Creek which runs lengthwise through the property along its rear, property boundary. The wetland delineation reported here was conducted on June 22, 1994 to determine the extent of jurisdictional wetland on the site METHODS Since the subject site is small (under 5 acres) and its plant communities are few and distinctively different from each other; the wetland delineation vv 45 conducted according to the "routine on.- site' method of the 1987 Corps of Engineers Wetland Delineation Manual, This method calls for an evaluation of vegetation, soils, and hydrology in each of the distinctive habitat t'YP es. A determination of the jurisdictional wetland status requires independent confirmation of wetland characteristics in each of these three parameters. Two sample sites were evaluated (Figure 1) representing the wetly p e sites are upland habitat types, wetland and The data forms for these sample to the report, Numerous other soil and hydrology tests were made to locate the wetland boundary. • Wetland Delineation: Steven Topp Property, Tigard, Oregon. Page 2 ESULTS Thy, site -vas pp by as containing Huberly silt loam, a hydric mapped b the. Soil Conservation Service a soil, and Qnatarna loam, a non -hydri soil (Figure 2). The occurrence of these soil types on the site was confirmed. The boundary between these soil types was abrupt and correlated well with topography. The Huberly silt loam was confined to the relatively flat flood plain. The Quatama loam occurred on the slopes above. Although the rainfall was considerably below normal over the previous water year, the tributary g p stream was flowing well, and its floodplain area was saturated to the surface. throughout. The meandered slightly through the floodplain and had eroded a channel approximately 1.5 _3 ft across and 0.5-1,5 ft deep. Standing water was typically found at 8" or less from the surface throughout the floodplain: This level was between approximately 2 and 3 ft above the level of surface water in the tributary, indicating possible groundwater input from the surrounding slopes. This pattern was most pronounced at the northeast corner of the wetland, where wetland conditions extended slightly up the slope. Soils on the slopes above the floodplain boundary were typically extremely dry and hard. The vegetation in the wetland was dominated by reed canarygrass (Phalaris arundinacea). 15% y r ( in ). Approximately 1 U -15 /� of the wetland area was covered by Pacific willow �Sctlrx lasrarr�rc� riparian In the wettest Other parts of the wetland were partially shaded by overhanging ri �t� � Small-fruit bulrush parts of the wetland, water parsley (Oenanthe ,sarinertiosa) was coma. occurred in a small, dense stand in the center of the wetland. The upland portion of the site was dominated by a dense thicket of Himalayan blackberry (Rubes discolor), Although large trees occurred on much of the site, the blackbc Ties penetrated nearly the entire upland area No plant Species were found which are currentl y listed as threatened, endangered, or sensitive by the Oregon Natural Heritage Program. WETLAND DETERMINATION The boundary of the jurisdictional wetland conformed closely to topography. All of the area within the relatively flat floodplain met the criteria for jurisdictional wetland. The jurisdictional wetland extended slightly above the floodplain in the northeast corner of the site MHCDONALP 5t 0 SP -r PE N11 EPAERAENT tNT LA.HO a�tai E €K 'glee -W1 PEtv1 ZOO' SCALE 1 "= 30' if 7..,-,...-ez .,... - ,:,,,,,-; .- .FIGURE 2. Soil map for Tigard, Oregon, and vicinity. r0 1 4 +.•r•••1 f , • 9 r ••71 1b ‘* 7," • •.� .1.44.p.., .„'.7., M.. of JMn .�, y Ezl! p�:'r 1t ,et'`_�'.' ; 3 • • a yrV, i ,,,-- 4�' ::Y r f(� • Iry ar•,!: f' :, Fart: G' ,,.... ' •,t,, "�'''•.• ,�.,,s•♦ ,...alt, t v. R • Yi. ; r G ,F,.,p. • t ar . �' "p� .f Wn t� ytM.'.. r'1�' V it :' ..t(.. t. ''. � a '� ;. ,x * to /..k µ; •'x i! i srn. t 1 j + ...,u^ r:. k^� .., I 7f • �s i 13 r� {�I,��• "tal'♦M �•11/f•. ill• r Mt ts • Steven Tapp Property • • +r ,+ Hoberly silt loam DATA FORM 1 WETLAND DETERMINATION Applicant Application Project„, Name: 1007 Number: Name:-- 9 State : a county: Gtr Legal Description: Township: Range: Date`: /Ak �..�.. ..... Plot No.: 591 Section: !etation [list the three dominant species in each vegetation layer (5 if only 1 or 2 layers)]. Indicate species with observed morphological or known physiological adaptations with an asterisk. Indicator Indicator ecies S Status - �- �- -..�.. §R.1.9.112 Status Ire,s Herbs 7. 1 f s� .! �t � to :,,.�:�.. �/' t,..� 8 J Oev, �1+� �u �- • 0 t., 9. Woody vines 10. 11. 12. % of species that are OBL, FACW, and /or FAC: /00 . Other indicators: Hydrophytic vegetation: Yes j!", No Basis: Soil Series and phase: ✓6F,. 4 , roans On hydric soils list? Yes r' : No Mottled: Yes L ; No . Mottle color :(q i2 Matrix color: l6 i2 Gleyed: Yes No t{'' Other indicators: Hydric soils: Yes No ; drolo Inundated: Yes //'' ri �, Nom. Depth of standing g water: Saturated soils: Yes • „� Lam; No Depth to saturated soil: Other indicators: Wetland hydrology: gy . Yes, NO Basis Atypical situation: Yeses; No Normal Circumstances? Yes No. v Wetland Detertihation: Wetland Comments: Nonwetland � I, rt o 6, i✓7 r &)+ k J 4 Ca-iz Poiti4- K �.v ,� j % sk 1474; -rt■ ���- �� v� 2r, > 12i zitooqe. c Determined by .t c-rrm 4.5 A Ws 0 vet, !t 1,11 Sri : • C:cjy d: , k, ,% -/S of 1/ 4.4 E2 DATA FORM 1 WETLAND DETERMINATION Applicant Application Number Project Name: 694 State: O r .. County: ( ! Legal Description: Township: Range: Date L b4 Plot No mS P2.- Section: Ve etation (list the three dominant species in each vegetation layer (5 if only I or 2 layers)]. Indicate species with observed morphological or known physiological adaptations with an asterisk. Indicator Indicator Status 5 ep cie.g S tatis S ecies Trees Herbs 1. 11. o4 L t5')-(= 7. r 14.4 ;r% J km-L. 2. .1. ‹e Vqintif1.42 t' !uH 8. 3. 9. Saplings /shrubs Woody vines 4• Vf 1Os ' 5 . : ;: C :ae zl� e .. 14 11. J 6. (!�1J� ViY5/h17/nL 12. % of species that are OBL, FACW, and /or FAC: . Other indicators: Hydrophytic vegetation: Yes . No Basis: Soil Series and phase : , ./�.� #7a. _ 1/2.,11,1 On hydric soils list? Yeses; No t--! Mottled: Yes ; No . Mottle color: Matrix color: /4 ' 4:- &0441s 44-nc .. Gleyed: Yes No V Other indicators: Hydric stills: Yes No Basis Hydrology, Inundates: Yes ; No ✓ . Depth of standing pater: Saturated soils: Yes ; No '-' . Depth to saturated soil :, Other indicators :+. __ Wetland hydrology: Yes _ No ✓v Basis: Atypical situation: Yeses; No ✓ . Nomal,Circumstances? Yes. ✓ No Wetland Determination Wetland __ Nonwetland '_ Comments: r CInn1ID1 __ it.. Determined by B2 WETLAND DELINEATION STEVEN TOPP PROPERTY TIGARD, OREGON Prepared by Philip K. Gaddis, PhD. 151.9 Z St Vancouver, WA 98661 Steven Topp gspn��sgg��g��jj. 99 �iy �Tg gp�r��H® �r -,tl. -f• / 3 _ '_ i \ ( � s • 1 \ • � WH7i�%�15�� 6/! R P \ R4' 1 �. \, �` �_ e L ; - .�ti ; . F.. • �i 1� - 1 }. 1 \ `,• r / r � r _ • "tc,. , • • • 7 • , . WETLAND DELINEATiL .NT Steven Topp Property MacDonald St. just east of 97th Ave., Tigard Oregon Delineation by: Philip K. Gaddis, PhD. Waterbodies, Wetlands Tributary to Fanno Creek, Palustrine Emergent Wetland (PEM1) in the floodplain of the tributary. Soils: Huberly silt loam, Typic Fragia.quept, hydric, Quatama loam, Acpaultic Haploxeralf, non- hydric. Hydrology The Fanno Creek Tributary appears to be a permanent, year-round strearn. The flood plain emergent wetland is fed by the stream and also appears to receive shallow groundwater flow from the sides. Vegetation: The emergent wetland is dominated by reed canarygrass (Phalaris arundinacea) and Pacific willow (Salix lasiandra). The surrounding slopes are dominated by a thicket of Himalayan blackberry (Rubus discolor). Part of the upland area is covered by red alder (Alnus rubra). The subject property consists of approximately 0,66 acres located between MacDonald Street and a tributary of Fun° Creek just east of 97th Ave. The site slopes down from its frontage on MacDonald Street to the tributary of Fanno Creek which rum lengthwise through the property along its rear property boundary, The wetland delineation reported here was conducted on June 22, 1994 to determine the extent of jurisdictional wetland on the site. METHODS Since the subject site is small (under 5 acres) and its plant communities are few and distinctively different from each other, the wetland delineation was conducted according to the "routine on- site method of the 1987 Corps of Engineers Wetland Delineation Manual, This method calls for an evaluation of vegetation, soils, and hydrology in each of the distinctive habitat types. A determination of the jurisdictional wetland status requires independent confirmation of wetland characteristics in each of these three parameters. Two sample sites were evaluated (Figure 1) representing the wetland and upland habitat types. The data forms for these sample sites are appended to the report. Numerous other soil and hydrology tests were made to locate the wetland boundary, • - 11 Wetland Delineation`. Steven Topp Property, Tigard, Oregon. Page 2 RESULTS Y The site was mapped by the Soil Conservation Service as containin g Huber ly silt loam, a hydrie soil, and Quatarna loam, a non - hydric soil (Figure 2). The occurrence of these soil types on the site was confirmed. The boundary between these aoil types was abrupt and correlated well with topography, The Huberly silt loam was confined to the relatively flat flood plain. The Quataina loam occurred on the slopes above. Although the rainfall was considerably below normal over the previous water year, the tributary was flowing well, and its floodplain area was saturated to the surface throughout. The stream V ~ g p meandered slightly through the floodplain and had eroded a channel approximately 1.5 -3 ft across and 0.5 -1,5 ft deep. Standing water was typically found at 8" or less from the surface throughout the floodplain. This level was betweian approximately 2 and 3 ft above the level of surface water in the tributary, indicating possible groundwater input from the surrounding slopes. This pattern was most pronounced at the northeast corner of the wetland, where wetland conditions extended slightly up the slope. Soils on the slopes above the floodplain boundary were typically extremely dry and hard. • by ary • (Phalaris ." nacea)s The vegetation to the wetland was dominated b re�.clo as grass 1'hala�•is ct a�a� las�a�di°a`, Approximately 10 - 15% of the wetland area was covered by Pacific Willow (S I n Other parts of the wetland were partially shaded by overhanging riparian trees. In the wettest p p (Oenanthe sa,r entosa was common. Small -fruit bulrush parts of the. wetland, water parsley (U ) occurred in a small, dense stand in the center of the wetland: The upland portion of the site was dominated by a dense thicket of Himalayan blackberry ( large a trees occurred on much of th�� site, the blackberries penetrated .l�xrhacs drscolcr'). Although g nearly the entire upland area No plant sp ecies were found which are currently listed as threatened, endangered, or sensitive by the Oregon Natural Heritage Program. Wr TLAT\TD DETERMINATION The boundary of the jurisdictional wetland conformed closely to topography: All of the area wetland. The jurisdictional flat floodplain met the criteria for jurisdictional within n the relatively slightly above the floodplain in the northeast corner of the site wetland extended s lig y p ZOO`- 37B. B1' DATA FORM 1 WETLAND DETERMINATION Applicant �,,._ Application Name: ,;,eJ� Number: Project Name: State:Ja County :C�,_Legal Description: Township: Range:___� Date: 414- Plot No.: Section: Vegetation [list the three dominant species in each vegetation layer (5 if only 1 or 2 layers)]. Indicate species with observed morphological or known physiological adaptations with an asterisk. Indi.ator Indicator pec.es S _:.us Species S tam Trees 2, 3. 9. Saplings /shrubs Woody vi,,es 4. 10. 5. 11. 6. 12. of species that are OBL, FACW, and /or FAC:/e3Q . Other indicators: Hydrophytic vegetation: Yes No Basis: Herbs , 8. 0e, , rti 't 5a:r w. -+ 4- 0 Soil Series and phase : 1-b 'be./ (ti .foaw, On hydric soils list? Ves V" No Mottled Yes No . Mottle color:/012.1/4 ; Matrix colors 16 r" M Cleyed: Yes No ✓ Other indicators: . Hydric soils: Yes No ,• Basis: InAel, r,,r Hfydrology . Inundated: Yes No V . Depth of standing water: rr Saturated soils: Yes V, No Depth to saturated Other indicators: Wetland hydrology: Yes 4' ; No Atypical situation: Yes No !'o" . Normal Circumstances? Yds V No . Wetland Detertnii ation: Wetland Comments: �/�iv �h ✓iyt ( G1 T elaw W 1642 /{p�vriy S 4 S1 a.r�rn ems,- al Ilrr 00, 116 Determined bit: /w /(t ,e /045 90 01 1/d. 0 Basis :oL.)4-L.J. Nonwetland B2 4 • Applicant DATA FORM 1 WETLAND DETERMINATION Ra Application tion "", Project Name:--- pry Numbe r : State: O Name: (39/P Count : er 1 Legal Description: Township: Range: Date:/ Z�9.1f- Flat No. S P2_ Section Vegetation (list the three dominant species In each vegetation layer ( only 1 or 2 layers)]. )] . Indic�� layer 'C 5 if y ate species with observed morphological or known physiological adaptations with an asterisk. Indicator eces Status Indicator S 12d its Status Trees Herbs 7. rof- -- ic,/i...Z. ECG. Mi,L1 1.42vt, 8, 3. 9. 112linZsl`shrubs `Jshr Woody vines 4 . __ %5 CO le rya t 10 • 5. lC LInJS ol�t .'�.W o r• la g, ,��,� P :1 11. .---- Z of species that are OBL, FACW, and /or FAC: Other indicators: Hydrophytic vegetation: Yes No "---'-- Basis: Soil Series and tease: P a 1 411a /,y.?.,',�_ On hydr .c soils list? Yes y No Mottled: Yes. No Mottle color: 9 Matrix color: /Q)" a Gleyed : Yes No --- ._.....� - �l�uv/ $1-e�e.� G Other indicators: Hydric soils: Yes .�.,�. No Basis: Inundated: YeS No Depth of standing dater: Saturated soils: Yes L, • + N °• Depth to - aturated soil: Other indicators :f I .c,u Wetland hydrology: Yeses; No ,/ Basis! Atypical situation: Yes No Normal Circumstances? Yes I, No Wetland Determination. Cot ones II p Determined B2 Nnnwetland !✓''�f C�°c.t 'i e a WETLAND DELINEATION STEVEN TOFF PROPERTY TIGARD, OREGON Prepared by: Philip K. Gaddis, PhD. 1519 Z St Vancouver, WA 98661 Prepared for: Steven Topp e • • WETLAND DELINEATION Steven Topp Property MacDonald St. just east of 97th Ave., Tigard Oregon Delineation by: Philip K. Gaddis, PhD. Waterboalies, Wetlands: Tributary to Fanno Creek., Palustrine Emergent Wetland (PEM1) in the floodplain of the tributary. Soils: Huberly silt loain, Typic Fragiaquept, hydric; Qualm= loam, Aquultic Haploxeralf, non hydric, Hydrology: The Fanno Creek Tributary appears to be a permanent, year-round stream. The flood plain emergent wetland is fed by the stream and also appears to receive shallow groundwater flow from the sides. Vegetation: The emergent wetland is dominated by reed canarygrass (Phalaris arundinacea) and Pacific willow (Sal& lasiandra). The surrounding slopes are dominated by a thicket of Himalayan blackberry (Rubus discolor), Part of the upland area is covered by red alder (Alnus rubra). The subject property consists of approximately 0.66 acres located between MacDonald Street and a tributary of Fanno Creek just east of 97th Ave. The site slopes down from its frontage on MacDonald Street to the tributary of Fanno Creek which runs lengthwise through the property along its rear property boundary. The wetland delineation reported here WU conducted on June 22, 1994 to determine the extent of jurisdictional wetland on the site. METHODS Since the subject site is small (under 5 acres) and its plant communities are :Pew and distinctively different from each other, the wetland delineation was conducted according to the "routine on 8ite method of the 1987 Corps of Engineers Wetland Delineation Manual, This method calls for an evaluation of vegetation, soils, and hydrology in each of the distincti-ve habitat types. A determination of the jurisdictional wetland status requires independent confirmation of wetland characteristics in each of these three parameters, Two sample sites were evaluated (Figure 1) representing the wetland and upland habitat types. The data forms for these sample sites are appended to the report, Numerous other soil and hydrology tests were made to locate the wetland boundary. • Wetland Delineation: Steven Topp Property, Tigard, Oregon. Page RESULTS The site was mapped by the Soil Conservation Service as containing Huberly silt loam, a hydric soil, and Quatama loam, a non - hydric soil (Figure 2). The oecurrence of these soil types on the site was confirmed. r The boundary between these soil types was abrupt and correlated well with topography. ` The Huberly silt loam was confined to the relatively flat flood plain. The Quatama loam occurred on the slopes above. Although the rainfall was considerably below normal over the previous water year, the tributary was flowing well, and its floodplain are: t was saturated to the surface throughout. The stream meandered slightly through the floodpla i and had eroded a channel approximately 1.5.3 ft across; and 0.5-1.5 ft deep. Standing water was typically found at 8" or less from the surface throughout the floodplain. This level was between approximately 2 and 3 ft above the level of surface water in the tributary, indicating possible grouncloNater input from the surrounding slopes. This pattern was most pronounced at the northeast corner of the wetland, where wetland conditions extended slightly up the slope, Soils on the slopes above the floodplain boundary were typically extremely dry and hard. The vegetation by canarygrass ion in the wetland was dominated b reed caner rays (Phcala'•is arundanacea): Approximately ately 10 15% of the wetland area was covered by Pacific Willow (Salix lasiandra) Other parts of the wetland were partially shaded by overhanging riparian trees. In the wettest parts of the wetland, water parsley (Qenant a sarmentosa) was common. Small -fruit bulrush occurred in a small, dense stand in the center of the wetland, The upland ortion of the site was dominated by a dense thicket of Himalayan b p portion blackberry (Rubes discolor), Although large trees occurred on much of the site, the blackberries penetrated nearly the entire upland area. No plant species were found which are currently listed as threatened, endangered, or sensitive by the Oregon Natural Heritage Program, WETLAND DETERMINATION The boundary of the jurisdictional wetland conformed closely to topography. All of the area within the relatively flat floodplain met the criteria Y p r>tteria for jurisdictional wetland: The jurisdictional wetland extended slightly above the floodplain in the northeast corner of the site, MAC DOI'1 ALY St 0 SP2 PE 4 : - EN' ERSTENT 5P C V t -VRRcT PEMI FP■ MO CREEK TRvekftfkikY zoo• - SCALE 30 'FIGURE 2. Soil map for Tigard, Oregon, and vicinity. 0. 447.n. r wF T .,A . A. • . It. M ' V - M4 r! r ; t t. i ww `r:al i 41..k.'::: 1 ,. v 1 � _' ■ p' K.x,,1 •P7 ..w .. • • 4,....14:4:1;"::.1.4s:::::':7:. ,2 \ •t+i f . �' .N, ` . ..«•. ., � •N j.-+. � ��i i w.i.J ..i 4:.,.:4,t, '�Aq {N MT VOt )W . %� "� 1 , -W . .... v ^ w,' w4 i lk i ^ :, Y � 1 t w.;"} .. �, '' �'+'4. ^ ,S 4.tL����•t��24 e f�.v ` •�� i.'li"r 7t• � . `.« wt. t i . .G `'F4c�x.11ill.` :-11:47:-.1:11:4,7;',..1' : 4.-,0,2%.114^......Z.1;':'. / •} ! :. a • sr ice; • 4:r•.,,r ".fwY -t 45 1,44 • 14t 1 1 E3' 11 D I 37 DATA FORM 1 WETLAND DETERMINATION Applicant Application Name: Pve... fops Project Number: Name: State : ( a_Cc;anty: Ee al Description: P Township: Range Date Plot No.:_ Sp l Section: Isat, tatjon [list the three dominant species in each vegetation layer (5 if only 1 or 2 layers)]. Indicate species with observed morphological or known physiological adaptations with an asterisk. Indicator S ecies Status Trees Herbs 3. 9. Saplin S shrubs Wocdv vines 4. 10. 5. 11. 6. 12. % of species that are OBL, FACW, and /or FAC: /''i . Other indicators: Hydrophytic vegetation: Yes f, No Basis: sors S ecies Indicator Status Soil Series and phase: �� r� Ca�rr On hydric Yes soils. list? ; No Mottled: Yes , No ,mow. ii+��tt1e color: (O/ 4A ; Matrix color: /6 W44 4 Gleyed: Yes No v' Other indicators: Hydric soils: Yes'' No Hydrology Inundated: Yes No 4/ , Depth of standing water: r Saturated soils. Yes t '�"' —; No —• Depth i to saturated soil: Other indicators: Wetland hydrology Yes �''� No �,t r i Basis : S kt (oL) Gi t;.► d � v,.:' 1 `t,:v.CuA. Atypical situation: Yeses; No Circumstances? Yes " No Wetland Determination Wetland's - Nonwetland_:_..., Goutmerits f cu+ jaw k u -,z 4i y� / M 4 �c r �:� 5, .ne sk e '14' oh i„ve 5 12' 64e. S�YCJ..14 Determin'ed by � rs -Y` -�'l`o ►.✓+ s ,�vd� ; � ; Le �,/+.s , s B2 bye t rl Ca 'le, /O� 2b ��' ee DATA FORM 1 WETLAND DETERMINATION Applicant Application Project Name : -5 ........•- �.. 41ve ',.:) r) Number: Names 1(59,1 State: O tom. Count : ► . y Legal Description. Township: Range: Date r1 lL_ Plot No,: S PZ .., Section. Vegetation fiist the three dominant species in each vegetation layer (5 if only 1 or 2 layers)], Indicate species with observed morphological or known physiological adaptations with an asterisk. Indicator Indicator S ecies Status -- �..�.._..�. .. St S eciss Status Trees Herbs 1 Allov6 ' rz (=�a % . ! + 2. • _ 8. 3. 9. Sapings_ /shrubs 4. Czy y tis cyrvJ Woody vines I0. JFiJS5, ti r � : a�,., 1 v2 111 V;,y,. 11. J G. 12. % of species that are OBI,, FACW, and /or FAC: , Other indicators: Hydrophytic vegetation: Yes — No Basis: Soil Series and phase: rah!), •ryia /fr).1 On hydric soils list? Yes_____; Mottled: Yes No�. t/ Mottle color: Matrix color: OK'?.. - '4/4 604kp ANIc Gleyed: Yes No V Other indicators: Hydric soils: Yes No _t/ Basis: R7drology Inundated: Yes ; No �'' , wow. Depth of standing water: Saturated soils: ; . Yes No . Depth to saturated soil:. Other indii ators: !?✓tl.. Wetland hydrology: Yeses; Now ✓ , Basis: Atypical situation: Yes No Normal Circumstances? Yes 1,'"' No Wetland De 'orminativn: Wetland Comments J ni 52:54 5n. c ` ( ) - Determined by 8-I .: 1 �.;c:i e B2 .:............... . No tje tland a F r irst American Title Insurance company of Oregon June 2, 1994 M assUm:d business of TITLE INSURANCE COMPANY OF OREGON 1700 S.W. FOURTH.AV'ENUE, PORTLAND, OR 97201 -5512 (503) 222 -3651 FAX (503) 790-7865 cr (503) 790 -7858 Preliminary Title Report ALTA Owners Stand. Coy. $45,150,00 Premium $289.00 ALTA Owners Ext. Cov. $ Premium $ ALTA Lenders Stand. Coy. $ Premium $ ALTA Lenders Ext. Coy. $ Premium $ Order No. 759146 Indorsement - 100, 116 & 8.1 Premium $ BscroW No.: 94051/77 Other Cost - $ Re : City Of Tigard/Topp Govt. Serv. Charge Cost $ 25,00 A consolidated statement of all charges and advances in con- nection with this order will be provided at closing. First American Title Insurance Company of Oregon 10260 SW Greenburg Road Suite 170 Portland, OR 97223 Attention: Gloria Miller Telephone No 244 -8323 We are prepared to .issue Title Insurance Policy or Policies in the form and amount shown above, insuring title to the following described land: For legal description see Exhibit "A" attached hereto; and as of May 24, 1994 at 8:00 a.m., title vested in: THE CITY OF TIGARD, a political subdivision of the State of Oregon; Subject to the exceptions, exclusions and stipulations which are ordinarily part of such Policy form and the following: 1, Subject property is under public ownership and is tax exempt. Any change In ownership before delivery of assessment roll may result in ttix liability. 2. City Liens, if any, of the City of Tigard. Note: An inquiry has been directed to the City Clerk and subsequent advice will follow concerning the actual status of such liens. 3. Statutory Powers and Assessments of Unified Sewerage Agency. 4. The rights of the public in and to that portion of the premises herein described lying within the limits of roads, streets or highways, 5. Mining and water rights in patent From The United States To Joseph Grabel Recorded December 15, 1886 in Book X, page 136 p and shell become void unless a poilcy is issued, and the full premium paid: India-00e policy This report Is fir the exclusive use of the parties hen in shown and is p reiln chary to the Issuance of a title ins, Page 2 Order No. 759146 6. An easement created by instrument, including the terms and provisions thereof; Recorded c December 7, 1981 as Fee No 81040721 Favor of City of Tigard For Underground sewer line Affects Northeast portion The following matters pertain to Lenders Extended coverage only: (a) Parties in possession, or claiming to be in possession, other than the vestees shown herein. (b) Statutory liens for labor and /or materials, including liens for contributions due to the State of Oregon for employment compensation and for workman's compensation, or any rights thereto, where no notice of such liens or rights appears of record. NOTE: We find no judgments against STEVEN W. TOPP: FIRST AMERICAN TITLE INSURANCE COMPANY OF OREGON DODIE McCRACKEN Chief Title Officer (503) 780 7863 11,\. L DM :air cc: City of Tigard cc: Steven W Topp Order No. 759146 EXHIBIT "A" The Easterly 200 feet of that �._. tion of Lot 28, TIGARDVILLE HEIGHTS, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at the Northwest corner of said Tract 28; thence East along the North line of said Tract 28, a distance of 120 feet to the true point of beginning of the parcel herein described; thence continuing along said North line, 400.08. feet to the Northeast corner of sa i d Tract South he East !ins thereof, 211,84 feet, the Northeast a rat des r d in Deed toCharles H. Johnst on, et u x, recorded in Book 432 , page 787Deed Records of said county ; t hen:c North 89°54' West 305 feet thence South 1°19' West 40 feet; thence North 89°54' West 200 feet to an iron rod on the East line of County Road No 696; thence continuing North 89°54' West 20 feet to the West line of said Tract 28 thence North along the West line of said Tract 28, a distance of 81.84 feet, more or less, to the Southwest corner of the tract described in Deed to Joan Luton, recorded in Book 456, page 335, Deed Records; thence East along the South line thereof, 120 feet to the Southeast corner thereof; thence North along the East line thereof, 170 feet to the true point of beginning. EXCEPT THEREFROM the South 21,84 feet as delineated as Parcel 111 In Bargain C.4nd Sale Deed recorded February 17, 1984 as Recorder's Fee No. 84006425. SEC KAP Ui 0 no tun 500 .$44s. 400 .9'4Ae. ee'.e4 .6tAc. (e:Vetfora &0oA01 i I t •OSIlc. (@0000$ 10±9. 1x41' , .L•�+YL 101 /.91®Ac, IG0 109 ,49Ac, S.W. ELROSE STREETg . a. ocabos' R 4 r • r a:'' 0000 33QOB ~ 5200 mco' tS 1'M� 1! a 5(1) f' o a5100 oa aa. �`�1► . +eo 6 3 5900 it ROM (CS, 5931) s aHo t taemepatloYe Immo 0 aao\ ea 7 1_101•x/ �c ;M t.°, 17100 .044. (CA, 1020./} .3500 P- 16 .094e, WM0' et 1903 00.60 - 07.00 (Rrdsal (kwI" 00'0 1*4.01 4.74 t.OS.•c, Lee 2100 D 1600 00t °0r1T 6001 (C S. 5190) N�Ii�e6'c fl17 ft Ii _ 114! $900 IOU To R - :44140 tor_ •1 „ • TI6I. lILLR b7dq,oT yVdt�•Ir,Ci �.I, r 4e iabt y_ _ Iprit ENEEMEMISSEEMONintial 444 0i41 Frtat/ OtiOka. uc CCOPTFiid/IT iitd DATE: APPLICANT: Phone: PROPERTY LOCATION ADDRESS: _L _ /' t 5 TAX MAP & TAX LOT: CITY OF TIGARD PRE - APPLICATION CONFERENCE NOTES y .17c__ STAFF: a) AGENT: 6alicA ' [ b Pr' — Phone: NECESSARY APPLICATION(S): d 2 7,-1c) PROPOSAL DESCRIPTION: C. C1 az_ ... P,_ 76'c 4_11_ pf COMPREEENSIVE PLAN DESIGNATION: i ZONING DESIGNATION: • CITIZEN INVOLVE/MT TEAM # 51007d CHAIRPERSON: f PHONE: c :3 cl n... zi62.41Az ZONING DISTRICT DIMENSIONAL REQUIREM NTS Minimum lot size: 76 Co sq. ft. Minimum lot width: 5°0 ft. ' r-- '' Setbacks: front e_,_, ft. 'side C7 ft. rear �� .gt ���1 S� 1 garage ft. corner ft. from street. Maximum site coverages �1% �,% Minimum landscaped or natural vegetation area: k%iri ' t Mzudilmmn building height: ...2-43._:(22_, £-t ADDITIONAL LOT DaLENSIOMIL REQUIREMENTS Minimum lot frontage: 25 feet unless lot is created through the minor land partition process. Lots created as part of a partition .on must have a .room. of 15 feet of frontage or have a Minimum 15 foot Wide .access easement. Past mum lot depth to ws dth ratio of 2.a. 1.. SPECIAL SETBACKS M D A 116- } 8tr'eett: ft. facet Oettterline Of Established areas: ft. fiettit tower- inter i rt heat. - - �.: ft... a ��� �'+ ®�:te`E�T ,� boundary ...-..� ''la,g let: 1*) f a . aetbeelo Zero lot l 10 foot a0a atLoai bst es n . I . ' ..... ti fa illy . .. tioa -. t gt,. 0. sory a :p . t � * awe it fto m9L si..,e may be permitted on lots leen t 2 � rte- tth im net �s_ - -01.de and e8 rear lot lined. Acceadoty structure l ®�.�Etd on ... , -� is of leant 205 Asa See pp 1 ',testing ri setbacks for ricittlry tittucture t. i a;e 1 • • II BUILDING F ?IG3T PROVISIONS Maximum height of 30 feet in Maximum height of 35 feet in Maxim m height of 45 feet in Maximum height of 60 feet in R -1, R -2, R -3.5 and R -4.5 zones R -7 and R 12 zones the R-25 zone the R -40 zone FLAG LOT BUILDING £FIGHT PROVISIONS Maximum height of 1 -1/2 stories or 25 feet, whichever is less in most zones; 2 -1/2 stories, or 35 feet in R -7, R -12, R-25 or R-40 zones provided that the standards of Code Section 18.98.030(B) are met. RESIDENTIAL DENSITY CALCULATION Community Development Code Chapter 18.92 specifies that the Net Residential Units allowed on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feat: required per dwelling unit as specified by the applicable zoning designation. Net development area is calculated by subtlracting the following land area(s) from the gross site area: 1. All sensitive lands areas including - Land within the 100 year floodplain Slopes exceeding 25% - Drainageways 2. Land dedicated for park purposes 3. Public right-of-way dedication 4. All land to be provided for private streets (includes accessways through parking areas) RESIDENTIAL DENSITY TRANSFER The City of Tigard allows a Residential, Density Transfer of up to 25% of the Awaits that could otherwise have been developed on sensitive lands areas listed in (1) above which may be applied to the developable portion of the site (Code Section 18.92.030). It is the responsibility,the applicant for a residential development application to provide a detailed calculation for both the permitted residential density and the requested density tranefer. RESIDENTIAL DENSITY TRANSITION Regardless of the allowed housing • density in a zoning district, any property within 100 feet of a designated established area shall not be developed at a dem pity greater than 125 percent of the maxim= Comprehensive Plan designation (not ) of the adjacent RESIDENTML DEVELOPMENT AC SS REQUIBMIIIINTS • Z01.1 subdivisions sic ns - mina partitlxos are subject solar access � 3ts u iliese etc state that a of 80% of all lots teed must be oriented . for solar ,ai.i The standard - .ch arms . solar a ss1h11i+L area 3a�s that. 80 % _of �t l gliglIE 2f sed lotas ed . .... ...�._e� � south of at least ....destrate I.t 3� .. a o _ a true' east - iri! _ t - • the total or partial. ease lon-of si.:te. solar adceing tevie,lont may be -approved for the "folloWing bee Tentitm Waste vest or north lopes Steeper than 20to • Off�aite shade souse? Othiettcttelg Vegetation • On-,Site shade eoaittes • Page 2 • Adjustm*:nts allowing a reduction of the 80% solar lot design requirement may be made for the following reasons: Reduced density or an increased coat of at least five percent due to either: * east, west or north slope greater than 10 %, * significant natural feature, * existing road or lotting pattern, * public easement or right-of-way. - Reduction in important development amenities. - Pre-existing shade (vegetation).. PLEASE NOTE: Maps and text are rewired which are sufficient to show that the develot tent coattali.es sa<it_ ,solar design .standards, or that specific lots should be exempted or adjusted out The following items shall be included in the analysis: a. The north - -south lot dimension and front lot lime orientation of each proposed lot; b Protected solar building lines and relevant building site restrictions, if applicable; c. For the purpose of identifying trees related to exemption requests, a chap showing existing trees which are at least 30 feet tall and over 6 inches diameter at a point 4 feet above grade shall be submitted. This map shall including their height, diameter, . and species, and a statement declaring. that they are to be retained and d. Copies of all private restrictions relating to solar access. The design, characteristics of a developed. solar -- oriented lot are high levels of wintertime sun striking the south walls and roofs of the house, house orientation maximizing south Window arear and a south - eloping roof area. To achieve this, one may utilize the following: b. Protected Solar- Building Line: The solar building line must a) be oriented to within 30 degree's of a true east - -west axis, b) provide a minimum distance of 70 feet from the middle of the lot to the south ro P Pei' =Y l'i'ne, and c) provide a minimum distance of 45 feet from the nort aernmost• buildable-boundary of the subject lot to the north property line. c. . Performance Iona: There are two petloicaatnce options which a .y ba utilized The first option VOCOLIVIS the house to be oriented within agx:ee° of on ea st at axis -and have at least S ®% of the ground floorirs intouth ‘,/a31.1 protected from shade. The e second option regrairea that at least 32% of 'tae lass 500 s -e feet .of the roof ,area face south and be protected from etude. - > t ice® �d _ ® £�na°ter i�x�oati�o�.� strar+cAl.a� 8:he � erase �.�otao+c the Buialal$�*,.g s����i�ffi • d Solar buil i ' �. w p�� AOO loafs z^eiatinaarto 1auil.�h.,disa height and _ construction. Page .--12 PARKING AND ACCESS Required automobile parking: Cl' ... y, ... . + ' s•rS1. '_` '`�. ww�s:✓,t :'-.r:. -- �.. r. _ - - 3ed - Multiple famiij1 unite with more than 2 bedrooms require two parking spaces per unit. No more than 25% of required spaces may be designated and/or dimensioned as compact spaces. Parking stalls ahal..-l- -be-amensioned as follows: -- Standard parking s m ner.ons 9 ft. X 18 ft. - Compact par apace dimensions: 8.5 ft. X 15 ft. Handicapped parking: All parking areas shall provide appropriately located and di.m : •neioned disabled person rki ng spaces The minimum number of disabled person parking spaces to • road as well as the par,L,i.ng stall dimensions, are manda ed y the Americans with Disabilities Act ()' ) . Via, handout is a lee upon request. A handicapped parking space symbol aha1 painted on the parking space surface and an appropriate n shall be posted. Bicycle racks are required , for multi-family, commer and industrial developments. Bicycle racks shall be lo .- In areas protected from automobile traffic and in coAiveni- o ocati.ons. Bicycle parking spaces shall be provided on the bas' .► one space for every 15 vehicular parking spaces. spaces per dwelling unit. 5 ;N /e c' All parking areas and driveways must be. paved. i.inis um ntimY;er of accesses: UJ NIC;n) m 5qA)IDTH R nirnum access width: p41.:EME(v"e P ax imum access width: Pedestrian access emus$ be provided between building entrances and parking areas, outdoor common arm- aid public sidewalks and streets. A minimum of one tree for . every seven parking spaces must be planted in and around all to proy,e -- 'vegetative canopy effects Landscaped parking areas 4a order a special . design features which effectively screen the par of areas from view. These design features may include the use andaca peck berms, decorative walls, and raised planters. For detailed information on d8 sign, a ,s to for parking rki areas and accea .,es, see Development Code re 16.100, 18.106 and 16.1 06. VISION AREA The City requires that.clear azean be staintained betmeen three and road/driveway , and roadirmad intereectioi8. The size .of..t he =Tared ate= visas area dependd the abutting at,eeetae functional m ar Page 4 1 tb7r BUFFERING AND SCRV.ENIUG in order to increase privacy and to either reduce or eliminate adver►= Q noise or visual impacts between adjacent developments, especially b tween different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by t 4 Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and ,must also achieve a balance between vertical and horizontal. plantings.. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, 'utilities, and walkways. Ackli tional information on required buffer area [materials and sizes may be found in Code Chapter 18.100. The required buffer widths which are applicable to your proposal area: ft. along north boundary ft. ,along east boundary ft. along south boundary ft. along west boundary In addition, sight obscuring screening is required along STREET TREES street rs:vatets�eet� as well driveways which fronting on a public or P Y more than 100 feet in length. Street trees must be placed either within the public right -of -way or on private property within six feet of the right -of --way boundary. measured four feet have +above grmini.ti�,-�calip,er of at Street trees should least be � inches when Street trees .oust spaced 20 to 40 feet apart depending on . the branching width of the tree at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. SIGNS Sign permits must be obtained prior to installation of any sign in the City of Tigard... A "Guidelines for Sign Permits® b lout is available upon request. Additional sign area or lx r - y e,sde standards may be • perrai ted if the sign proposal is- . � 1�� ®.0 a development review application. - Alternatiiieiy Sign code Excop.t.lon - appli cation may be filed for review before a .hearings Officer. " • SENSX S Cleapterle.84 provided a ," fir. Altura -itutentable to due tc-areas igithin the 1 deeinftdclairee-Ifetittrid i! . .� le grMiltd . .--'staff _r i - aai. ° aaf .�5 _ l�ari�y .lLdes�t.�r . : me .suite lands ,� at _ or . l� tom.' t - ° -_ _ � asilii2.it� � ° ' � . .r rent :t.,, �a .. Ss �. if4r sea�89.t! � . end �idit i t flhi;�,l; �-` l am a. tiara the definitions •of inen itis leads of • • .�.�.e�...W.ro.�- .®.... .A..g�7.kGi8 Q�R3t be "`•' '. e?E3 1. ane _ �I . a 7. the _. subtaitted.4 t�1 _ � 1.i.oati�P1. Page 5 ft) Chapter 18.84 also provides regulations for the use protection, or modification of sensitive lands areas. Residential development is prohibited within floadplaine. In most cases, dedication of 100 -year floodplain areas to the City for park and open space areas is required as a condition of the approval of'a development application. ADDITIONAL CONCERNS OR COMMENTS PROCEDURE./ 0 � q ?yu lc "� r:, V�/ (y.� /.! .lY�n /./. !/ /i /!1_� 7 V�t✓��IT 6 W Administrative staff review. Public hearing before the Land Use. Hearings Officer. Public hearing before the Planning Commission. Publi;'.;° hearing before the Planning Commission with the Commission making a recoamiendation on the proposaal to th. City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All applications must be accepted by a Planning Division staff amber at the Community Development Department counter at City Ball. PLEASE NOTE: Applicat ons_ aubmitted xy email or dropped off at the counter without Plarininc Div s3.om a ceptance may a returned. Applications submitted after 4:30 P.M. on Thursday will be batched for processing with the following week's applicatioric Ar�alications will NOT be accepted after 3:00._ P.K. on Frida a or 4:30 on c*.her day. MOs _submitted with a.n appli Lion shall be folded ni ADVANCE to 8.5 b 11 inches. One 8.5 can inch raap of a se~fci ,w___ mhould be submitted for attachment to . the staff • rt or administrative decision._ ation with un rna folded s . shams. tiot be accepted. . • The Planning Dier .siean wad Engineering Division will ppeform a pcaiminary review of the applidation and *will _ ine whether . an application.. is t aid . l to f ti or as f °.a7�- s, f ^ .. notify eaa app . copies of, s pitted • Materials are needed. - - , The adatittettFiititti clec egg:- b b. hearitag tYPIcally occur accepted a �: aa9y 4S 60 days ar , aliu .iis . complete by -the -Planning Di siosa.o P APPtheatioad invavistil tiff-1,0'4k rizottittated Laptaeo a r requiring • re ° :lid other j ur3 adtci me -Am _ •. • addition .al time -. L�-en "dat4ca� riaf f ate .. _1, A t t l" = appeal follows aP 1. •u •.!. isJW o aPPeal matter would be heard by the a_ � � _/2At%i ee" -, ::2 � • Page 6 A basic flow chart which illustrates the review process is available from the Planning Division upon request. This pre - application conference and the notes of the conference are intended to inform the prospective applicant of the primary community Development Code requirements applicable to the potential development Of a particular site and to allow the City staff and prospective tL'7e applicant to discuss the opportunities and cco setrai.nts affecting ae 1op®ent of the site. The conference and notes cannot cover all Code requires t s and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide information rep .i*:ed by the Code shall not constitute a waiver of the app licable Btandarde or requirements. It is recommended..that a praspecitLve applicant either obtain and tread the Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application. Another pre- application conference in reused if an application is to be submitted more than sic months after this pre - application conference, unless the second conference. is deemed unnecessary by the Planning Division. PREPARED BY: PLANNING DIVISION PHONE 639 --4171 • Page 7 PUBLIC FACILITIES The purpose of the pre-application conference (1) Identify applicable Comprehensive a Plan policies andordinance provisions; (2) To provide City staff an opportunity to ,comment on specific concerns; and (3) To review the Land Use Application review process with the applicant and to identify who the final decision making authority shall be for the application. The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final Y ppro rate autl�orit P recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements teat may be required as a condition of development approval for your proposed project. Right -of -way dedication The City of Tigard requires that land area be dedicated to the public: 1) to increase abutting public rights- of.way to the ultimate functional street classification right -of- -way width as specified by the Community Development pmenit bode; or 2) for the creation of new streets. Approval of a development application for this site will require right-of- way dedication for: 1. PC? • to 2. to 3. to Street umprovo lent8 1. street improvements will be necessary along feet from centerline. feet from centerline. feet from centerline, M 4-P A.//4 ,014;C-itasOeic.. /44-M, X94 , 2. street improvements will be necessary along 3. Street improvements shall: include centerline, feet of pavement from d plus the installation of curb and gutter storm severs, underground placement of fati; r it 7 s (a fee may be collected if determined a pp� rtta the Engineering _ arlSteat ) ® a f3 fort w e sidewalk (sidewalks may �e to be wider. on arterials or major streets. or in Central iness D� �necessa street signs, streetlights. and a tiff° year streetlighting fee. some wee, . street imlacovements or other necessary-public are a currently c l street . be -deferred. In sack canes elt condition oR dereLopnent approval may be specified which retCOVIStrailde Y the• (a). to execute a non. re+ of s rate - p��� . IQs to against the foss o f a l right to istprove a. .1. . • AV4kZ, p�.'+saen disatt =�o 2. Page 8 Pedeatrianwayelbikeways: Sanita_7if Sewers: The nearest sanitary sewer line to this pro y is a(n) ,inch line which is located in C5!'Y9r"'"''.. The proposed development must be connected to a sanitary sewer. It is the developer's responsibility to extend the sewer along the proposed development site's , Il Off Water Su ].ys The Water District (Phone: provides public water setvico in the area of this site The District should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene 8,.:rchill, 645 -8533) provides fire protection services within the City of Tigard. The District should be contActed for information regarding the adequacy of circulation systems, the need for fire hydrants, or other cuestions related to fire protection. Other Agency Permits: Storm sewer improvements STOBHWATER QUALITY FEES The Unified Sewerage Agency has established, and the City has agreed to Pnforce, Resolution N0. 90 -43 Surface Water Management Regulations which requires the construction of on -site water quality facilities. At the dincrretion of the City, the applicant may be offered an opportunity to pay a fee in lieu of the constructi0n of such a facility. The resolution requires the construction of a water quality facility and/or the payment cX a fee. The fee shall be based upon the amount of impervious surface; for every 2,640 square -feet, or portion thereof, the fee shall be $285.00. The City of Tigard shall., determine if a fee may be paid or a facility shall ll be constructed. TRZF'FIO I PACT PEES ItL1990, Washington qty adapted a county-wide Traffic Impact ordinance,- ' Traffic • t Fee �' -p - collects-fees irr�;► ��:`:�r t based cu the de , projected impact upon tho city's 's 'y�t� s - _ .. .. ... tiger - . applicant shall required to pay a fee`s based mpen t nor; triPe 'Watch' -are _ ry s the Proposed of r •�:XE � ie . on� tite 1=44 the ... 42.f and a general based fee c . „ - The nar shall emsl a calculated at the ti, e:.of bui.7ld.i rkq t gs In meted c e ` t =:of tote y tae � allowed .. to be deferrec! , until the issuance of an,oupa y td Deferral of the payment 'until. cc 'the-TWA-0 is p ible � •' en g��ater thaw ,te.00, '' AtK i5e5e. Page 9 STREET OPENING PERHIT No work shall be preformed within a public right --of -way, or, shall commence, until the applicant has obtainer a street opening permit from the Engineering Department. FINISHED FLOOR ELEVATIONS All projects that require a grading plan also require that the applicant shall ca the typical floor plan for each lot. This floor plan shall four corners of that plan along with elevations at the corner of each lot. ENGINEERING DIVISION PHONE» 639 -4171 Page 10 tit EXJiraI -A- APPEALS Director's Decision to Planning Commission costs Planning Commission /Hearings Oft to Council BLASTING PERMITS COMPREHENSIVE PLAN PROCESSING Text only, Map only, or both CONDITIONAL USE PROCESSING Conditional Use Review _ .. . _ • . • • • FLEXIBLE SETBACK STANDARDS HISTORIC OVERLAY DISTRICT HOME OCCUPATION Pc emit _ c� r e • . a .. INTERPRETATION' OF COWIDNITY DEVELOPMENT CODE , • by Coomunity Development Department tment LAND PARTITXO 't Residential and Non- residential: LOT 1;INE ADJUSTMENT PLANNED NNED DEVELOPMENT PROCESSING Conceptual and detailed plan review SEZ C1TIVE LANDS Flood plain Wetlands /Steep slopes /Drajnagy SIGN CODE EXCEPTIONS SIGN PERMIT 0 -24 sq. ft. _ _ . _ . _ - _ _ . 24 -100 sq. ft 100 + sq. ft Temporary signs SITE DEVELOPMENT REVIEW Under $10,000 $ 10,000 -- $ 99,999 . • . _ _ _ . $ "100,000 - $499,999 $ S00,000.- $999,999 $1,000,000 or 'mare _ over $1 'million not to exceed SUBDIVISION PRELIMINARY PLAT Subdivision Varian if weeded TE IPORARY USE Director' Decision Special exemption/Non-Profit w .w r r TREE REMOVAL PERMIT s a e n ® a s ue w :r - s +i .. $ -0- VACATIONS, Streets and p,ubliC access-. $300.00 $235.00 $315.00 + transcript $125.00 $675.00 $36500 $ 80.00 $ 80.00 50.00 -r pt.0 10.0G/ye. az T'1 f J . 55.00 $500.00 $520.00 $235.00 $230.00 . $ 10.00 25.00 $ 35.00 $ 10.00 each sign $ 80.00 . $155.00 $315.00 $415.00 . $520.00 $1 per $10,000 $2000. $415.:00 o- $5 /lot $105.00 VARIANCE P,dtiaisttiv Simi Code- 2ONE atitmE AVNEXATXONS thad 10 acres .o 0 4 ii 4 4 4 4 4 4 4 4. 4 10 ai in Ole Sze ZONE 4:HE PRIG - , Less thA# 10 a acres r 4 4 o o - a: 10 acres or 6 ore . : ZON8 QRD A, CE mists charged -.4130.00 ' . $230-00 1,0i 1.11 4 4 4- 4' ,y • 0,.00 .• QUO $'520..00 $05.00 s.r00 - '44, ® O ".�:.. -.p, .. -. .01 ... •.J .p .7'0 ., RPPL IC.i4'trott pLatRum FEE l • . O y 0 = .m r,:e ;+ -; 4 2.Q .p y0 ®� f/W �'highest . p ticittest.k.st ¢ee plus i ®t of 411 dd t onaflL1_ 1 fees related P LL � • Staff `v3D Date `j icts -4'l CITY OF TIGARO COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST The items on the checklist below are required for the successful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be brought and submitted with all other materials at the time you submit your application. See your application for further explanation of these items or call. Planning at 639 -4171. BASIC MATERIALS A) 8) C) 0) E) F) (H) Filing Application form (1 copy) Owner' s s ignature /wri teen Title transfer instrument Assessor's map Plot or site plan Applicant's statement • a ITEMS TO BE INCLUDED: authorization fee ($ SPECIFIC MATERIALS A) Site Information showing (No . of copies g) ) 1) Vicinity Map 2) Site size & dimensions 3) Contour lines (2 ft at 0-10 % or 5 ft for grades > 10%) 4) Drainage patterns, courses, and ponds 5) Locations of- natural hazard areas including: a) Floodplain areas b) Slopes in excess of 25% c) Unstable ground d) Areas with high seasonal water table e) Areas with severe soil erosion potential f) Areas having severely weak foundation soils Location of resource areas as shown.on the Comprehens Map inventory' including: a) Wildlife habitats. b) Wetlands 7) Other site features' a) • Rock. outcroppings = - '' b) '"Gees with 6' + caliper measured .4 feet from ground level* e) Location of existing . st cth s d , i ° pies 9) Location _typew:of:a o" :off-- site.t se• sources -. 10) i4 location of existing utilities- and easements.... . • 11) Location of existing dedicated right—of—ways (1 C 1 ] 11- C1 C] C C] C ] C3 13 ve C] C3 c] [ [t( y • • .. Site ®e el® nt- PlartAL �' ®f- px��:'� : -r e ,��.0 1) :;•"ire proposed, si dam . 1 peirties r -;T .�; i) Contour lane • interata� s• _ 3) The locatione� diMensi ins and: names of all a) Existing & la . ed streets other° public ways and easement On site on adjoining propeeties APPLI013 -1011 C!-HECRLIST Pace 1 Proposed streets or other public ways & easements on the site. c) Alternative routes of de end or proposed streets that require f ' ture extension The location and dimensio of: a) Entrances and exits n the site b) Parking and circul Lion areas c) Loading and sery ` es areas d) Pedestrian and Bicycle circulation e) Outdoor comma areas, f) Above ground •tilities The location, di r ensions & setback distances of all: a) Existing rmanent structures, improvements, utiliti and easements which are located on the si ' e and on—adjacent property within 25 feet f the site ( 3 b) Propo s ed structures, improvements, tat' ities and easements on the site [ 3 6) Storm dr.:.inage facilities and analysis of downs ear _conditions C 3 7) Sanit y sewer facilities C 3 8) The .cation of areas to be landscaped ( 3 9) The ocation and type of outdoor lighting c • sidering crime prevention techniques C 3 10) T - location of mailboxes ( 3 11) The location of all structures and their orientation C 12) Etxisting or proposed sewer reimbursement agreements [ ] C3 C3 C3 C3 C3 C] C] C3 Grading Plan (No. of copies ) C 3 The site development plan shall i6 lode a grading plan at the same scale as the site anal, is doings and shah contain the following informa• ion: 1) The location and eaten %to which grading will take place indicatinc! ge ral contour lines, slope ratios and soil stabiliz• ion proposals, and time of year it is proposed r be done. C 3 2) A statement f ° • a registered engineer supported by data factual substantiating: . - a) Subsu ce exploration and geotec nical eng ering report_ C b) The Utility ` sanitary 'sewer and storm C3 E, nag service propls t all p obllems.mi'll be =itigated and . how they will be mitigate The sib. of copies �� 4 Archit .aural. �3rawings develo m nt - p proposal shall include: . "1 ) Floor plans cata� .8e -square footage of all s trctures sec8 f ®r use -ern -site and • . " a 2) Typical el feati. a• -d . i ings of each sta'cture C3 ( 3 C3 1. ds ,m2Plan' (I Aoa of cop° The 'lands _ P sh��. dra�o at . scale .the .the same o !j shall site analysis plan o �. '-�.a�ee� scale if necessary' and .: �= , .,.- indicate ` 1 i osc pti of the- a. igation system where applicable 2) . • height f - -fences; buffet's and screenings I 3 APPLICATION Ci4EGI<LIST age 2 .. 3) Location of terraces, de s, shelters, play areas and common open space. [ ] 4) Location, type, size and species of existing and proposed plant erials. [ ] The landscape plan s. =11 include a narrative which addresses: 1) Soil condition, [ 2) Erosion contr•1 measures that will be used. [ ] F) Sign Drawing Sign drawings shall be submitted in accordance with Chapter 18.114 of tr.. Code as part of Site Development Review or prior to obtaining a Building Permit to construct the sign. [ ] G) Trff� jc aner Lion estimate H) Preliminary partition or lot line_ adiustment map showing �.w (No. of Copies /C ) 1) The owner of the subject p.•Arce1 [ 2) The owner's authorized agent [4 3) The map scale, (20, 50,100 or 200 feet =1) ,, inch north arrow and date [ 4_ 4) Description of parcel location and boundaries [' 5) Location, width and names of streets, easements and other public ways within and adjacent to the parcel (:.' 6) Location of all permanent buildings on and within 25 feet of all property lines [ 7) Location and width of all water courses 1•3 8) Location of any trees uith•6" or greater caliper at 4 feet above ground level [fir 9) All slopes greater than 25% ['] 10) Location of existing utilities and utility easements ( 11) For major land partition which , creates a public street: a) The proposed right-of-way location and width ( ] b) A scaled cross - section of the proposed street plus any reserve strip [ ] 12) Any applicable deed restrictions 1 ] 13) Evidence that land partition will not preclude efficient future land division where applicable t ) Subdl vision Preliminary .Plat data showing(4o. of Copies 1) scale equaling 30,504100 or 200 feet to the inch and limited to one phase per sheet : :.. _ E ,2) The proposed name of the subdivision 3) Vicinity map showing p .. oirtes relattonshili.to arterial and acollecto r sets -.- . 4) Names, addresses aild lephone Viers of •the r-- . developers engineer•, - surueyer, •designer ., : es applicable[ r . J pate of applicatio ' ' � . - . • -. • Bound ( 3 .�tames � lines of ract be subdivided .- . � 4 6) 7.... adjacen ion or illakteS of recorded . . Contour- lines • • lated to a1 City—established - owners of adjoi . ing 'parcels iVaded'.�and . . : . a � asthma i�en�a -•- -. � •'.. mar'k at 2 foo. intervals for 0.1 grades greater than 10 The purpose, location, type and size of all of the following (within and adjacent /eo the proposed subdivision): / a) Public and private righ f -ways and easements b) Public and private sa tary and storm sewer lines c) Domestic wetter grains ncluding fire hydrants d) Major power telepho transmission lines. (50,000 volts or reater) e) Watercourses f) Deed reservations for parks, open space, pathways and other land ncumbrances 10) Approximate plan and profiles of proposed sanitary and storm sewers with cedes and pipe sizes indicated 11) Plan of the propos, water distribution system, showing pipe size, and the location of valves and fire hydrants. [ ] 12) Approximate cente line profiles showing the finished grade of all st •ets including street extensions for a reasonable dis nce beyond the limits of the proposed subdivision. ] 13) Scaled cross se tions .of proposed street right -of -way; ( ] 14) The location o; all areas subjea.t to inundation or storm water o erflow [ 3 15) Location, mid h and direction of flow of all water- courses and irainage ways 1 3 16) The proposed lot configurations, approx' mate lot dimensions = nd lot numbers. Where 'lo s is are to be usci for. :• rposes other than residential, it shall be indicated pon such lots i ] 17) The location of all trees with a diameter 6 inches or greater •asured at 4 feet above ground level, and the loca'ti'on of proposed tree plantings, if any 18) The exist ng uses of the property, including the location of all structures and the present uses of the st tures, and a statement of which structures are to emain after platting 14) Suppleme tal information including: a) Pro • sed deed restrictions (if any) ( b) P a f iof property ownership ( ] c) A p posed plan for provision of subdivision , • rovements ( 3 20) EXisting natural features including rock put— croppi: s, wetlands and marsh areas 21) If any i the • forego ng information cannot g. racticably -be sh :, on the preliminary plat, it shall be ince :* • rated into a narrative and submitted with the appli tion C ] - • CJ C [3 C] 3 [3 [ .,' Other info ;, . Lion Sot cw- (Cam (236zPioo28P) APPLICATION 4 Ed! <LIS " — Page 4 � nu .. ;+Gl •. � � 1. 2. • NOT I F I CATION `PO RO. (2) copies CITY DERARTKENTS LIST FOR ALL Building Official /Dave S. City Recorder Engineering /Chris D. Permits Pacllitator/Vicla C. 3. SPEt:IAL DISTRICTS Fire District (Pick -up bat) Tigard Water District 8777 sw Burnham St. Tigard, OR 97223 Tualatin Valleay Water District 6501 SW Taylors Ferry Rd. Tigard, OR 97223 4. AFFECTED JURI,SDYCTYOt4S Wash. Co. Land Use 6 Tranep. 150 R. First Ave. Hillsboro, OR 97124 Brant Curtis Sevin Martin Mike Borrascaa Scott Xing Prod Eberle --City oO: Beaverton Jim EkNtdryx - Principal Planes PO Box 4755 Beaverton, OR 97076 City of Xing City 1530 S0 SW /166th er King City, OR 97224 Cit, of Lake Oswego City Manager 380 SW A Lake Onvego, OR 97034 State Highway DLvition Bob Doran PO Box 25412 Portland, at 97225 -o412 5 ` sPEcIA L AG:ENcr s _ -.. General Tolap4oao B;agisaec .-.ag Office PO Box 23416 1l.2w7740 OR 97281 -3416 BW Katuraal Gies Scott P8L1 er x20 NV 40001:4.4 -4"0- Pentland, oa 97:1d9. . 'I'CT C.nlalmv,adoo of Or etlka Rallocic 31500 S Good a , PcmtlAild, 97201- a- a (FTMrer t lj .24200 S;i' WIrig4d001 ct. 9annWri r' .r. 9700 6. F.ena9.S ., 1�— Par " Davit. kit Vii;: . . lit Office � _ ,: APPLICATIORS Co Parka 6 Recreation Board Police Field Operation® School Dist No. de (Beaverton) Joy Pahl PO Box 200 Beaverton, OR 97075 School Dist. 233 (Tigard) 13137 st! Pacific Owy. Tigard, OR 97223 Unified Sewerage A encya /s o4 Program 7155 K. First St. Bu]loboro, OR 97124 E0W 4. ty Cae+mission 320 Sid Stark Roca 530 Portland, OR 97204 tema3 - s AQ ti ROGFAf Mal 600 N Grand (c72e • R /ZC>}►• a ) Portland, OR 97232 -2736 DLCD (CPA °6s /ZO$•a) 1175 Court St. NE Salsa, OR 97310 -0590 Other City of Durham City ttanagor PO Box 23483 -3483 Tigard, OR 97224 City of Portland Ple g 5th Intact= Portland, OR 97204 COOT L±dwlen ]banal 9002 SE McLoughlin Blvd. (ilat4mkie, OR 97222 City of ` Calaten PO Bur 369 Tualatin, OR 97062 ... Portland Genera1 saoll. Bz1l nit Hoer* 14655 Sri. 014 sc403.4 Flog. Matto Aroma ; °^--- ad. ml F csit t tine 0';*bi Ongat %ettonniengy Oeacter Mitertottiottk Matta, P1 o ® 9700 6 L'ete O[e1 c i 22 rot-at:034- Ott 97204 �9y y{ _ w o telltd D4400 1 . ZT -r. g�0 t 6th 14"7 ` ` .S ">�r :. 328* tfaal= f6tae' lovi f e c' 97209 i4! SEE MAP tUItC0 „4500 S n o e D M C' —r STREET 109 Aft Ac It .09Ae, ito0[,N t9ro`a'0 v"ewt 1c9 (CS 18,499) 51 109 ,49'Ac, (CS. 591) De1,1111” t" It I+ai.i01 .914r, (C x.10204) .3500 0. w .69Ac, le 1901 potea 441 19111091 161'C 1111/•14'1 011.01 111.17 894,'91'a 1) ►01 oh 1700 %/9Ac 2 0.OD.oc, tle1'�e'v VAN 200 D 1600 //PAc {C,s 4125) air . /tm✓t, 900. OVm 714,1 (CS 9110) r'+ . 21liS 2106 1 I3 `dat4 j tore 1500 J9AC. 6:10499'1 !01.11 VOL d' •.Itil inr el 7 ►ldi if41 tsmr.acej Olt, ■1.11 ,,,,t1 1199151 ito Otto,. 1't igreeliOt r 6900 6900 1t74c, ' ',i -r o t, p III E ii it 4,64 L .:elol :roe M GQpNqLO STSZEET gXisn cr SetVICC tireavRY AJb' CCal;Zo Cyr $6tali Y rowel) w =h CALare &V ieothf Cse.0 dti,40 7_5.g1 ror MINo LA ND RITITION - MC.DONALD STREET FAL (.11. #I03) SITE itJFOKMATIcN sin 5:12 E. _PtME4s10m ,Eli *' -7136- VEDI cATED ktGH -oF- WAY , T e S wt ! 6 " CALI Pe.e�, S r TYEN W. TApP ,2s66 SSW. 8RIDGEvt6i4 CT TIGAR0, 0R. 97223 ( o3') 799.i.1557 goose I 5.4_6 e I 1-----aa—e '4'4 7R t.a3 9 6 tauGTh4NO PVFt' - 8 V-24434,0115,115A— ID I3 Y A P&OFESSioNIAL. W ETLA N6S Ec - 0 G-I s`r) 7-5 gq STEVEN vj T6PP i2s66 eRWGEV,EW CT; TIGA D, OK: 97223 (6o2) 799-14557 ri 114.1-0K.IvIA 1100 Comr0t14- Li; Pat4114AGe PArrE9.-.NS C130-Ss AN PONO FICI'SnAl OTMITIES A.40 Ell SEt-t-EN 7.7" TA. 10 S II T4L. 20 3,LE SHT. iallkillkillIlIllNUINIMILaIIRIIIIIIIIIIIIIIrlt==IIIIIIIIIIIEIMNII MEM 1111111111M; r‘ ' 11001111111111111M111111= IIIIIIIIIIIIIIIIII•111NNMIIIIIIMIIIIIIIIIIIIII•Iti 6. 1 viiI•11111M2......1111111-11111111 11111111111111611111111•11.11111111.11 , um MIMI MILI=4 IMF 4.134V '''. i'L'IN111111111-1 -IIIIIIVM 1111111111111111 , 6 frt .11 HosinimilliNtim =111111111.1111111111111.11■11111!' Mil hill:1=1 van* jairiollimioNisinaimimiNmilmirousiiiimmiaziti itsir UM zEr1111- WIMPS Dulwolig-mill111111 11111111M1111■11111111111111111111111111111111111. ‘ italgir Gall1=11 1111111111111111111111111111=11111111 .._ 100111111111 i .0.3 INK t- lila LII ItailliralrailtiklAkitilairfailMillillINNICIII.101110•11611.110 11.11111Mitr ,..kicar- HILO valLatillriall1111.11111•111.1111111.111111111111111111•111111111•111.1110AMMENOWLIIIIIIIIIIIMININI I -11.1k. MAU ormiralliii011 11111.111111•11111wrillummilimmmigniolm vallgtM=11111=Etkallili ....W.111•1111.1111111■0111■111111111- Fill1111111 ,;:; ,-,...0;lomr.■.1 mor -- ra • Vt •ilt it 1101.111101111- ----iiiiii■—..i%lil. II- OS- illiligilimilliMIVA:121,1MI - .. ..1.--....11•4-..-varmirrIMININ 41-6.1c*-1 _ Lo'l rj M1 tni MI W +o, SEC MAP ES 12 2Y4 • 19 .54Ac. Mc ©ONA 6101 s T STREET .SZAr, 1 2700 a p 105 III ■0k■e, moms it ,{7de. lewervor. 1.q1 lea Its 1e,4991 e. .!!...ae428, 1 S 109 ii. ' aetr 101 .49Ae. 1.911,4e. 1100 (C4.10104) 107 .09Ac. t to , i900 5701 ifedool 1. 14$ HlJ11 10 1600 AO ES de eLee Ot,t1 0iw•.4'V 600,01 er G H T t9lettl l 000 1 700 1,34e 13000 114.00 _ �ff } TERRACE 3 2 Hot? io►.t 2107 R A N 7 2100 el 2(06 13 40E, . LIPS oeo•oe`u sours. 33 tc.3 41291 i6 00 irAe. laoo•ee'R �. tee se 1300 4 ® 1e2e001 ! J9.te I. J7Ac, I u:'. !1 tiaE�aiEct. it or fjoieih'i a0.e aft 0H• 00.01 211 ICS MO) moo +eP`e 0200 tat* Vie X6000 6900 fs to � Y 2 d 3 0 7 E aow 9 OYiP /0 1152 " T000 7100 7200 / c L f2 iii' 4 w 5 " 6 R A C F _ a et 1i,' d LEGIBILITY STRIP STEVEN W. ToPP 1256g, S.W. BRwwGEVIE1 Wit. T'IGARD, OR. 97223 (So3) 799-4557 LEGIBILITY STRIP MCDONALD 5r E u Tar It rsz 0' * No £? I UE3Cr ticrJq,, EX SUaG sE &YIcE DRivEsuili MO calla cur Segue& PUMP 2Tnc3 _.. 4°q3 o7 it toy, i9 . WETIAND A to i!k J$° 8�p Zoo.Oa - ' RETtTON REAL:pty rkee ue,l4 6.7; CAM eel z. A8 ®v6 MDONALD TREET p (iTLJO3) SITE i N Fo K m AT 6 o rq sip SitE Pi E r�S C�3s� g X a G~ V E®`i cATO kt&t3r -aJ -PAY, rkeEs im m4 6" cAL* P ,OL. STEVEN W. %Pp I2SB S.Mi. BftWGENIEW Cr , IGARD, OR— 9722! (503) 799 • Hs57 LEGIBlisrir STRIP Mc.DONALO Srit.E ET 70.0z Nalvierjirrer-111" CScitot Wont! in t- kEivtoviiii HiALTT TEA ra g 3.1 co PrTh Lr 7Le=3. ;a PsArsarED. Wokic._ to St_ soP°gAffse-o 2y A p cFEsSt rqg_ seJETILAAIOS eco c0-asr) a � _ 2.00. Oa' 7RE1IT1 Lt O OTS UM OF % €MO V Ta BE" , 'tacvc 45 S451�1 RI Bulg..01d& 50 AND RTFTiON 7-5-94 MDOALD STREET FAR�L ITL. 41f03> AND PATIT1.O4 FROPo sED STEVEN W. Toff 12566 S.W. 8RIDGevie0 CT TIGARD, OR 97223 (so3) 799.14557 1 Co Nriniop., 1,-.1oEs° figAit4AGE- PATTERNS, - Co up-sEs AO frolvo S ° =1(iS7-71,16--- VTIL-triES 11..10 -SE 14 €74 TS .v. 5EE sl-rr. 7 a T*2-3-6 ifa 'At 1�I�ML��a�1 Ilt rat. LEGIBILITY STRIP_ M DONALD -MEET ETLi 3 D Al A iNOR, PAKTIT10N McDOI1ALD STREET PARCEL (iTLJO3) FROPoSED P W. roPP :as‘b s.w. 8RIoGsv, &w c TIC-Alto, OR. 9 223 S ° »} 799-14557 2S11 BUS 1420 TIGARD 00106 RASE B 97TH 2S111BA -0 LAUTT, RON 14140 SW 97' AVE TIGARD OR 97224 . e o .o e . o O O O O O O O O O O O O . R AND ANNA M OR 97224 2S111BA 00101 LAUTT, R4 14140 SW 97 TIGARD aS111BA -'00109 ANNA ,M OR 9722 l ARKER, THOMAS D /LINDA. L 10.10 SW 97TH AVE PORTLAND 97224 2S111SA-06100 MAWHIRTER, ARLIE L IRENE TRUSTEES 9265 SW MCDONALD ST TIGARD e 2S111BA -06400 MAWHIR TRUSTEES 9265 SW TIGARD 2S111BA- 064300, MAWHIRTER, ARL TRUSTEES 9265 SW MOON TIGARD OR "{ ` 224 ease, Doe. ow IE L AND IRENE DALD ST OR 97224 IRENE OR 97224 2S111BA -06 - ". .... .....Dees....... MAWHIRTER IE L s.i'.I' IRENE TRUSTEE'` 9265 TIG 2S111BA -06600 ee.ee.ee.aeee..b..es. MAWHIRTER, IE AND YRENM TRUSTEES 9265 SW MCDO ' 4. ST TIGARD OR 97224 2S111BA'..05700 COURTNEY, RONALD B & VICKI R 3075 SW RALEIGHVIEW DR PORTLAND OR 97225 2511 AB- 03306 FRENI, THOMAS S AND LYNNE- F'RENI, TRACIE 9430 SW MCDONALD ST TIGARD R 97224 BA•05600 . e .e e.eee.•......w... So DAVID A AND VICKIE M 35 SW MOUNTAIN VIEW LN IGARD OR 97224 111AR.”03200 AMER, GERTRUD B & PETER H ES MCDONALD TR 933 TIG OR 97224 -5932 2S102CD, RUSSELL, N 9245 SW =no TIGARD OR 97223 25102CD —O24 12 4 6 4 4 KUHN, FRED R MARLYS 9455 SW MCDONALD ST tidARO OR 2S102CD -0 403 KUHN, FRED 9455 SW MCDOi TIGARD 97223 2S102C>•02501 FLETCHER, PA 9555 SW HCDO TIGARD .4i s e e s .see ... e s e M BETTY J DPD OR 97223 2s102CD aM 0260.. A '+& s n. s o e e. e SHIRLEY, JULIA A 961,0 SW HIL ,VIEW COURT TIGARD OR 97223 2S102CD --r1 2613 ... NICHOL N, THOMAS 0 VICKI L 9675 SW MCDONALD TIGARD 2S102DC -02100 sa ii see.esoee .e JoNEsto FacHELE C 3624 LONGVIEW VALLEY RD SHERMAN OAKS CA S1403 OR 91224 2&111B21i °00106 UUSVh , ::,4511! 14200 SW Y?TH TIGARD 00000 25111%JA OAO1 r....... ... a .. ........ LC7YN T, RAND ANNA H !.4149 SW 97TH RYE TIGARD OR 97224 OR 57224 2s.11DA 40105 .•0...ee0•ee.ee0.00.• LA T, RONALD R AND ANNA N 141 -Mx *4 AVE 'CIO �� t OR 97224 2S111DA. °0'100 eO4...oeO.... NAWRIRTER, ARLIE L AND IRENE TRUSTE'S 9265 SW MCDONALD ST TIGARD OR. 97224 2S11114&'00109 a ... ... „ ...;« ... a PARKER, Thom D/'LINDA L 14110 SW 97TH AVE PORTLAND OR 97224 •• 2S1.11BAr06300 • • • o • O O • MAWHIRTER, ARLIE L AND IRENE TRUSTEES 9265 SW MCDONALD ST TIGARD OR 97224 2S111BA°•06400 •..00....oe..oe.0e000 MAWEIRTER, ARLIE L AND IRENE TRUSTEES 9265 SW MCDONALD ST TIWRD OR 97224 28111MSA.06500` ......... e0 lat IRTER, ARLIE L AND :MON TRUS-ph 926 • .' �►. S T TYG�, 7' . �. � � 25111 wr06600 . o . o .: • o e ... o e .. d • • m'.0' 0 NNWHIRTER, ARLIE L AND IRENE TRUSTEES 9265 SW MCDONALD. r� TIGARD ati r!ii224 28111SA °OS700 �eKjosona «000..000 COURTNEY, RONALD B & Vi &K/ a 3075 SW RALEIGH VIEW DR PORTLAND OR 97225 2S11100.O640 HUGHES, DAVID A 9435 SW MOUNTAIN TIGARD • • o OR 97 924 AND VECKIE H VIEW LN OR 97224 2S111AD°°03200 Idiadiewitioaosoedio II MCHWABSER, GERTRIDD E St PETER H TRUSTEES 9330 SW MCDONALD tiGAAD 2S111A —03300 FEE tI, THOMAS E AND LYNNE —FRENI, TRACIE 9430 SW MCDONALD ST TIGARD OR 97224` OR 97224 -5932. 28102C D...02400 «e . 44444400.444 RUSSELL, NORMAN L 9245 SW UOJ,',NALD TIGARD 0 97223 2S102&D -02402 400404 000 atni , FRED R Ma RLYS A 9455 SW MCDONALD ST TIGARD 25102CD i^02403 • . a KUHN, FRED I MARLYS A 9455 SW MCDONALD ST TIGARD OR 97223 2S102CD°402500 40444044044444 FLETCHER, PAUL M BETTY 9a. 55 SW WIDWALD RD TIGARD OR 91223 2S102CD- '0260.4 aeonee e4•000O 0f140.0 O. SHIRLEY CIA A 9610 SU RILLVIEW coqra TIGARD OR 2CD- 402613 '�/NI 0140, THOMAS 0 ,� 9675/W MCDONALD TWARD 4 e d e. a 4 • o a. 6 4 d. d 4 4 2E102D0l02100 0.S *aoggtg C 3624 tOttrOVIEW V ",IARY RD S ...._., O 91403 44444 Ti ere • .•`. OR 97224 y.- 2S111BA -00106 HUSVAR, RASE B 14200 SW 97TH TIGARD 2S111BA- LAUTT, RON N' , ti R. AND ANNA M 14140 SW 97T AVE TIGARD OR 97224 25111 8&-06100 MAWHIRTER, ARLIE L TRUSTEES 9265 SW MCDU.ALD ST TIGARD OR 97224 2S11..BA- 06400 MAWHIRTER, ARLIE L AND IREN TRUSTEES 'N. 9265 SW MCDONALD ST TIGARD OR 97224 IRENE OR .{,.97224 2S111BA -00101 LAUTT, NeALD R AND ANNA M 14140 SW 41T VE TIGARD OR 97 2S111BA-00109 PARKER, THOMAS D /LIN 14110 SW 97TH AVE PORTLAND 2S111BA -0630 ••• OR 97224 MAWHIRTER, `: "',� I L AND IRENE TRUSTEES 9265 SW ,'' DONAL.ST TIGARD OR 97224 2511 , y``, —06500 O • O • A • • • • O • • • . • • O • • • O MAW ;'''TER, \i LI eL AND IRENE TR n EMUS 9 � % 5 rW MCDOjALLi' \ST GAPD - OR 97224 2S111BA -06600 MAWHIRTER, ARE L AND IRENE TRUSTEES 9265 SW MCD9! ALP ST TIGARD 2S111BA- 08700 OR 97224 COURTNEY, RONALD B & VICKI R 3075 SW RALEIGHVIEW DR PORTLAND OR 97225 2S111AB -03300 FRENI, THOMAS E AND LYNNE- FRENI, TRACIE 9430 SW MCDONALD ST TIGARD OR " 7224 2S111BA -08600 ..••••.••••.•.....••• HUGHES, DAVID A AND VICKIE M 9435 SW MOUNTAIN VIEW LN TIGARD OR 97224 2S111AB -03200 ••••O.••••••••d•••••. SCBWARZER, GERTRUD E & PETER H RUSTEES 0 SW MCDONALD 2S102CD -02402 .••• KUHN, FRED R MARLYS 9455 SW MCDONALD ST TIGARD 2S102CD- -02500 FLETCHER, PAU 9555 SW MCDO TIGARD e a e• .. a er •• e •• • OR 97223 BETTY J RD OR 97223 2510 . -02400 RUSSEL ► '. NORMAN L 9245 SW ' DONALD TIGARD 25102CD- 02403; KUHN, F 9455 SW MCD; TIGARD OR 97224 -5932 OR 97223 00. -• i•. ••• • • • • • • • e • • • YS A OR 97223 25102CD- 02604 • • • SHIRLEY, JULIA A 9610 SW FiILWIEW COURT TIGARD OR 23 25102CD -02613 NICHOLSON, THOMAS 0 VICKI L 9675 SW MCDONALD TIGARD 2S102DC- -02100 •••e••••o•. JONES, MICHELE C 3624 LONGVIEW VALLEY RD SHERMd °Alt,S CA 91403 OR 97224 7kd [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] REQUEST FOR COMMENTS TO: attet_641 INGIMOM NSW MMINMOMUNM. FROM: Tigard Planning Department RE: DATE: Jul 22 1994 MINOR LAND PAR1ITION MLP 94-0011 SENSITIVE LAND8 REVIEW SLR 94-0003 STEVEN TOPP A „request for approval for a Minor Land Partit5,on/Sensitive Lands Review approval to divide one parcel of approximately 28,737 square feet, that contains wetland area, into three parcels of approximately 9,339, 9338 and 10,060 square feet. LOCATION: (WCTM 2S1 11BA, tax lot 103) south side of SW McDonald Street and east of SW 97th Avenue. APPLICABLE REVIEW CRITERIA Community Development Code 18.50.050, 18.84.040(D), 18.88.040(C), 18.162.040, 18.162.050 and 18.164. ZONE: R- 4,5 (Residential, 4.5 units per acre). The R-4.5 zone allows single family residential units, public support facilities, residential treatment homes, farming, manufactured homes, family day care, home occnpations, temporary use, residential fuel tank and accessory structures. nal imos.wom Attached is the Site Plan and applicant's statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, we need your comments by Allgust 1 , 1994. You may use the space provided below or attach a separate letter to return your comments. If vou are unable to tagguljr11242mmkillgu. please phone the staff contact noted below with your comments and confirm your comments in writing as soon as possible, If you have any questions regarding this matter, contact the Tigard Planning Department, 131.25 SW Han Blvd., Tigard, OR 97223. PHONE: 639- 4171. STAFF' CONTACT: Will D'Andrea PLEASE CHECK THE FOLLOWING ITEMS THAT APPLV: We have reviewed the proposal and have no objections to it. Please contact 0409.01.1.1■ Please refer to the enclosed letter. of our offiCe. Written Comments: Name of Person Commenting: Phone Number: 1. 2. ::OTIFIC: r :oU : :ST FCR ALL r'.PPL:C .. ON.= ^IT _(2) copies C:Tz DEPARTMENTS uilding Official /Dave S.'✓ city Recorder r I/Engineering /Michael A. V 210ermits Facilitator /.:, -.A= 3Y" DISTBZCTS Fire District -----(pick-up box) Tigard Water Department 8777 SW Burnham St. Tigard, OR 97223 Tualatin Valley Water District 6501 SW Taylors Ferry Rd. Tigard, OR 97223 4. AFFECTED JURISDICTIONS Wash, Co. Land Use & Transp. 150 N. First Ave. Hillsboro, OR 97124 Brent Curtis - Kevin Martin Mike Borreson Scott King Fred Eberle City of Beaverton Jim Hendryx - Principal Planner PO Box 4755 Beaverton, OR 97076 City of King City - City Manager 15300 SW 116th King City, OR 97224 City of Lake Oswego ---- City Manager 380 SW A Lake Oswego, OR 97034 State Highway Division. - Bob Doran PO Box 25412 Portland, OR 97225 -0412 5. SPECIAL AGENCIES - General Telephone Engineering Office ?O Box 23416 Tigard, OR 97281 -3416 NW Natural Gas — Scott Palmer 220 NW Second AVo. Portland, OR 97209 TCI Cablevision of Oregon Linda Peterson 3500 SW Bond St. Portland, OR 97201 Columbia Cable (Frank Stone) 14200 SW Brigadoon Ct. Beaverton, OR 97005 6. rnTATE AGENCIES AeronaUtics Div. (ODOT) � - =^Division of State Lands V Commerce Dept. - M.N. Park Fish & Wildlife C Dept. of EnViron. Quality/ 7. FEDERAL AGENCIES CorpM. of Engineers ......... Post Office cP0 NC. Parks & Recreation Board - Po :iCe Reid Cperations Range Planning /Carol ✓ - cifiea Sewerage Agency /SWM Program V - . 155 N. First St. Hillsboro, OR 97124 Boundary Commission 800 NE Oregon St. 416 Suite 540 Portland, OR 97232 -2109 METRO - GREENSPACES PROGRAM Mel Buie (CPA's/ZOA's) 600 NE Grand Portland, OR 97232 -2736 DLCD (CPA's /ZOA's) 1175 Court St. NE Salem, OR 97310 -0590 Other — City of Durham City Manager PO Sox 23483 -3483 Tigard, OR 97224 City of Portland Planning Director 1120 SW 5th Portland, OR 97204 coo - Lidwien Ralvnann 9002 SE McLoughlin Blvd. Milwaukie, OR 97222 City of Tualatin PO Box 369 Tualatin, oR 97062 Portland General Elec. - Brian Moore 14655 SW Old Scholls Fry. Beaverton, OR 97007 Metro Area Communications —`- Jason Hewitt Twin Oaks Technology Center 1815 KW 169th Place S -6020 Beaverton, OR 97006 -4886 US West - Pete Nelson 421 SW Oak st . Portland, OR 97204 Tri -Met Transit Dev. Kim Knox 710 NE Holladay St. Portland, OR 97232 DOGAMI OTHER OT' Transportation Compahy OTHER 800 NW M. 6th orney, PLS - Project Engineer Duane M. Forney, PLS 324, Unibn Station Portland, OR 97205