MLP2005-00001 ° Community Development
TIGARD Request for Permit Action
TO: CITY OF TIGARD
Building Division Services Coordinator
13125 SW Hall Blvd., Tigard, OR 97223
Phone: 503.718.2430 Fax: 503.598.1960 www.tigard-or.gov
FROM: ❑ Owner ❑ Applicant ❑ Contractor ® City Staff
(check one)
REFUND OR Name: Wally Miller
INVOICE TO: (Business or Individual)
Mailing Address: 305 SW 144th Avenue
City /State /Zip: Beaverton, OR 97006
Phone No.:
PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED (1):
❑ CANCEL PERMIT APPLICATION.
® REFUND PERMIT FEES (attach receipt, if available). 7744A/5/:=E"
❑ INVOICE FOR FEES DUE (attach case fee schedule and explain below).
n REMOVE CONTRACTOR FROM PERMIT (do not cancel permit). /VO,
Permit #: MLP2005 -00001
Site Address or Parcel #: 9200 Edgewood Street
Project Name: Teny Partition
Subdivision Name: Teny Partition Lot #:
EXPLANATION: Transfer $5,375.00 from cash assurance fund to tree replacement fund
Notified property owner of transfer (see attached letter)
Signature:
v./ Date: 9/26/2008
Todd Prager
Print Name:
Refund Policy
1. The Director or Building Official may authorize the refund of:
a) any fee which was erroneously paid or collected.
b) not more than 80% of the land use application fee when an application is withdrawn or canceled before any review effort has been expended.
c) not more than 80% of the land use application fee for issued permits.
d) not more than 80% of the building plan review fee when an application is canceled before any plan review effort has been expended.
e) not more than 80% of the building permit fee for issued permits prior to any inspection requests.
2. Refunds will be returned to the original Payer in the same method in which payment was received. Please allow 1 -2 weeks for processing refunds.
•
FOR OFFICE USE ONLY
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Permit Canceled: Date / By Parcel Tag Added: Date By
Receipt #egigigtO Date / /,Z„3 /p6 Method 6.4 c ,. /F3 Amount $
I: \Building \Forms \RegPermitAction.doc Rev 07/26/07
ac/o6 -3
City of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223
•
September 5, 2008 T I GARD
Wally Miller
305 SW 144 Avenue
Beaverton, OR 97006
RE: Tree Mitigation Cash Assurance for Teny Partition (MLP2005 00001)
Dear Mr. Miller:
Per Condition 3 of the Teny Partition you were required to submit a tree mitigation
planting plan and cash assurance deposit for $5,375.00 (43" caliper inches removed x
$125 /caliper inch). The cash assurance was to be held for two years following final plat
approval, and any trees planted in accordance with an approved mitigation planting plan
and Section 18.790.060.D of the Tigard Development Code was to be credited back to you
from the assurance at the rate of $125 /caliper inch planted. The remaining amount of
caliper inches not planted was to be paid to the City as a fee in lieu of planting.
While we received the required cash assurance deposit on 1/23/2006, we have no record
that a planting plan was submitted and mitigation trees were planted. Because it has been
more than two years following final plat approval (final plat approved on 8/4/2006) the
City intends on transferring your deposit of $5,375.00 from the cash assurance fund to the
tree replacement fund so it is available to the City for planting trees on public property.
Do not hesitate to contact me on or before 9/19/2008 at (503) 718 -2700 if you have any
questions or concerns regarding this correspondence.
Sincerely,
Todd Prager
City Arborist
c: MLP2005 -00001 Land use file
Page 1 of 1
Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard- or.gov • TTY Relay: 503.684.2772
CITY OF TIGARD 1013/2008
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13135 S\\ hall Blvd. 3:49:36PM .
Tigard. OR 97223 503.639.4171
EI AR
Receipt #: 27200800000000003454 / 'OL<)
Date: 10/03/2008
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
MLP2005-0000 I [TREES] Tree Replacement I00- 0000 - 417000 3,373.00
Line Item Total: $5,375.00
Payments:
Method Payer User ID Acct. /Check No. Approval No. How Received Amount Paid
Check GEORGE TENY DLH 183 In Person 5,375.00
Payment Total: $5,375.00
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;wt! 13125 SW Ilan BIN d. 3:49:05PM
_ - Tigard. OR 97223 503.639.4171
Refund Receipt #: 27200800000000003453 A 7 .S4
Date: 10/03/2008
Line Items:
Case No Trail Code Description Revenue Account No Amount Paid
MLP2005 -00001 Refund - [TREECA] Tree Rplc Ca 2 (5,375.00)
Line Item Total: ($5,375.00)
Refund:
Method Payer User II) Acct. /Check No. • Approval No. How Received Amount Paid
Check Refund GEORGE TEN1' 183 In Person (5,375.00)
Refund Total: ($5,375.00)
of I
'14,:7,.1 CITY OF TIGARD 1(1/3/2008 .
I 13125 SW IIall Blvd. 2:57:10PM •
T OR 97223 5113.639.4171
'TJ
Receipt #: 27200600000000000311 0Al6 /A(4 /-
Date: 01/23/2006
Line Items:
Case No "Iran Code Description Revenue Account No Amount Paid
MLP2005 - 0000 1 [TREECA] Tree Rplc Cash Assur 223 - 0000 - 22901 I 3,375.00
Line Item Total: $5,375.00
Payments:
Method Payer User II) Acct. /Check No. Approval No. Flow Received Amount Paid
Check GEORGE TEN)" SIR I83 In Person 5,375.00
Payment Total: $5,375.00
•
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2005-00001 CITYOFTIGARD
Community�DeveCopment
TENY PARTITION SFutpingABetterCommunity
120 DAYS = 12/9/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: TENY PARTITION
CASE NOS: Minor Land Partition (MLP) MLP2005-00001
Adjustment (VAR) VAR2005-00052
PROPOSAL: The applicant is requesting Minor Land Partition approval to create a three-lot
partition on a parcel of land containing approximately .72 acres. This partition will
create Parcel #1 with approximately 7,810 square feet, Parcel #2 with 9,156
square feet, and Parcel #3 with 10,600 square feet. The applicant has also
applied for an Adjustment to not construct a fire apparatus turn around, but instead
spnnkle the future house on proposed Parcel #3.
APPLICANT: Wally Miller m OWNER: George Teny
305 SW 144 Avenue 6685 SW Sagert St. #7
Beaverton, OR 97006 Tualatin, OR 97062
COMP. PLAN
DESIGNATION: Low-Density Residential District.
ZONING
DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square feet. Duplexes and attached single-
family units are permitted conditionally. Some civic and institutional uses are also
permitted conditionally.
LOCATION: 9200 SW Edgewood Street; WCTM 2S102DC, Tax Lot 1700.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370 (Variances and Ad'ustments)
18.390 (becision-Making Procedures); 18.420 (Land Partitions�; 18.510
Residential Zoning Districts); 18.705 (Access Egress and Circulation); 18.715
Density Computations); 18.725, (Environmental Performance Standards); 18.745
Landscaping and Screeninq); 18.765 (Off-Street parking and Loading
equiremenfs); 18.790 (Tree l�emoval); 18.795 (Visual Clearance Areas); and
18.810 (Street and Utility Improvement Standards).
SECTION II. DECISION '
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions. The findings and conclusions on which the
decision is based are noted in Section V.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 1 OF 23
. �
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE
IMPROVEMENTS, INCLUDING DEMOLITION, GRADING, EXCAVATION ANDIOR FILL ACTIVITIES:
e app icant s a prepare a cover etter an su mit it, a ong wit any supporting ocuments
and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,
ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify
where in the submittal the required information is found:
1. Provide a mitigation plan for a total of 43 inches.
2. Provide written sign-off from NFR that a turn-around is not required and the proposed sprinkler
system for parcel #3 has been approved. If not approved, the applicant must provide and
implement a plan showing a NFR approved fire apparatus turn-around.
3. Prior to commencing site work, the applicant shall submit a cash assurance for the equivalent
value of mitigation required. If additional trees are preserved through the subdivision
improvements and construction of houses, and are properly protected through these stages by
the same measures afforded to other protected trees on site, the amount of the cash assurance
may be corres ondingly reduced. Any trees planted on the site or off site in accordance with
18.790.060 (D�will be credited against the cash assurance, for two years following final plat
approval. After such time, the applicant shall pay the remaining value ofthe cash assurance as a
fee in-lieu of planting. ,
4. Prior to commencing any site work, the applicant shall submit construction drawings that include
the approved Tree Removal, Protection and Landscape Plan. The plans shall also include a
construction sequence including installation and removal of tree protection devices, clearing,
gradin�, and paving. Only those trees identified on the approved Tree Removal plan are
authonzed for removal by this decision.
5. Prior to commencing any site work, the applicant shall establish fencing as directed by the project
arborist to protect the trees to be retained. The applicant shall allow access by the City Forester
for the purpose of monitoring and inspection of the tree protection to verify that the tree protection
measures are perf'orming adequately. Failure to follow the plan, or maintain tree protection
fencing in the designated locations shall be grounds for immediate suspension of work on the site
until remediation measures and/or civil citations can be processed.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
e app icant s a prepare a cover etter an su mit it, a ong wit any supporting ocuments
and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,
ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2431. The cover letter shall clearly identify
where in the submittal the required information is found.
6. An access easement is required for proposed parcel #2 and #3 in order to establish joint access.
7. The applicant is rec�uired to provide and implement a plan showing the remaining 115 feet of the
proposed access drive screened from the adjacent property to the east.
8. Place a note on the final plat that no structures, fences, retaining walls or vegetation over three
feet will be �laced in the visual clearance triangles at the intersection of the proposed driveway
and SW 79t Avenue.
9. Prior to final plat approval, the applicant shall ensure that the Project Arborist has submitted
written reports to the City Forester, at least, once every finro weeks, from initial tree protection
zone (TPZ) fencing instaflation, through site work, as he monitors the construction activities and
progress. These reports should include any changes that occurred to the TPZ as well as the
cond�tion and location of the tree protection fencing. If the amount of TPZ was reduced then the
Project Arborist shall justify why the fencing was moved, and shall certify that the construction
activities to the trees did not adversely impact the overall, long-term health and stability of the
tree(s). If the reports are not submitted or received by the City Forester at the scfieduled
NOTICE OF DECISION MLP2005-00001lTENY PARTITION PAGE 2 OF 23
intervals, and if it appears the TPZ 's or the Tree Protection Plan is not being followed by the
contractor, the Ci� can stop work on the pro�ect until an inspection can be done by the City
Forester and the roject Arborist. This inspection will be to evaluate the tree protection fencing,
determine if the fencing was moved at any point dunng construction, and determine if any part of
the Tree Protection Plan has been violated.
The applicant shall prepare a cover letter and submit it, along with any supporting documents
and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal
the required information is found:
10. A Public Facility Improvement (PFI) permit is required for this project to cover driveway aprons
and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans
shall be submitted for review to the Engineerin� Department. NOTE: these plans are in addition
to any drawings required by the Building Division and should only include sheets relevant to
public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of
Tigard Public Improvement Design Standards, which are available at City Hall and the City's web
page (www.ci.tiqard.or.qov ).
11. The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate enti� who will �designated as the "Permittee", and who will
provide the financial assurance for t e public improvements. For example, specify if the entity is
a corporation, limited partnership, LLC, etc. Rlso specify the state within which the entity is
incorporated and provide the name of the corporate contact person. Failure to provide accurate
information to the Engineering Department will delay processing of project documents.
12. Prior to approval of the final plat, the applicant's engineer shall provide final sight distance
certification for proposed and existing driveways.
13. The applicant shall provide a construction vehicle access and parking plan for approval by the
City Engineer. The purpose of this plan is for parking and traffic control during the public
improvement construction phase. All construction vehicle parking shall be provided on-site. No
construction vehicles or equipment will be permitted to park on the ad�oining residential public
streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in
the construction of site improvements or buildings proposed by this application, and shall include
the vehicles of all suppliers and employees associated with the project.
14. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT:
Shirley Treat, Engineenng).
15. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate
in the future improvements of SW Edgewood Street adjacent to the sub�ect property, when any of
the following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
B. when the imp rovements are pa�t of a larger project to be financed or paid for in whole or in
part by the City or other public agency,
C. when the improvements are par� of a larger project to be constructed by a third party and
involves the sharing of design and/or construction expenses by the third party owner(s) of
property in addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by the City Engineer
in conjunction with construction of improvements by others adjacent to the subject site.
16. 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.
17. The applicant shall provide connection of proposed parcels to the public sanitary sewerage
system. A connection permit is required to connect to the existing public sanitary sewer system.
The sewer reimbursement fee must be paid prior to issuance of the PFI permit.
NOTICE OF DECISION MLP2405-OODa1/TENY PARTITION PAGE 3 OF 23
18. The applicant shall either place the existing overhead utility lines along SW Edgewood Street
underground as a part of this project, or they shall pay the fee in-lieu of undergrounding The fee
shall be calculated by the fronta�e of the site that is parallel to the utilitv lines and will be $35.00
per lineal foot. If the fee option is chosen, the amount will be $3,500.06 and it shall be paid prior
to final plat approval.
19. Any extension of public water lines shall be shown on the proposed Public Facility Improvement
(PFI) permit construction drawings and shall be reviewed and approved by the City's Water
Depar�ment, as a part of the Engineering Department plan review. NOTE: An estimated 12% of
the water system costs must be on deposit with the Water Department prior to approval of the PFI
permit plans from the Engineering Department and construction of public water lines.
20. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI� permit
drawings. The plan shall conform to the "Erosion Prevention and Sediment Control besign and
Planning Manual, February 2003 edition."
21. The applicanYs final plat shall contain State Plane Coordinates on two monuments with a tie to
the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates
can be established by:
• GPS tie nefinrorked to the City's GPS survey.
. By random traverse using conventional surveying methods.
22. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/Engineering Permit Technicians, at 503) 639-4171, ext. 2421).
C. The final plat and data or narrative shall be rawn to the minimum standards set forth by
the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
D. The right-of-way dedication for Edgewood Street shall be made on the final plat. The
dedication shall provide for 27 feet of ROW from centerline.
E. NOTE: Washington County will not begin their review of the final plat until they receive
notice from the Engineering Department indicating that the City has reviewed the final plat
and submitted comments to the applicant's surveyor.
F. After the City and County have reviewed the final plat, submit finro mylar copies of the final
plat for City Engineer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
e app icant s a prepare a cover etter an su mit it, a ong wit any supporting ocuments
andlor plans that address the following requirements to the CURRENT PLANNING DIVISION,
ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify
where in the submittal the required information is found.
23. Prior to building permits, the existing garage on parcel #2 must be removed.
24. All out buildings and the garage of the existing home will be removed prior to building permits.
25. Prior to issuance of building permits, the a�plicant/owner shall record a deed restriction to the
effect that any existing tree greater than 12' diameter may be removed only if the tree dies or is
hazardous according to a certified arborist. The deed restriction may be removed or will be
considered invalid if a tree preserved in accordance with this decision should either die or be
removed as a hazardous tree.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 4 OF 23
26. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the
location of the trees that were preserved on the lot, location of tree protection fencing, and a
signature of approval from the project arborist regarding the placement and construction
techniques to be employed in building the house. All proposed protection fencing shall be
installed and inspected prior to commencing construction, and shall remain in place through the
duration of home building. After approval from the City Forester, the tree protection measures
may be removed.
The applicant shall prepare a cover letter and submit it, along with any supporting documents
and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM
M C M I L L A N 5 0 3-6 3 9-4 1 7 1, E X T 2 6 4 2. T he cover letter shall clearly identify where in the submittal
the required information is found.
27. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final pfat.
28. Prior to issuance of building Permits the applicant shall complete any work in the public right-of-
way (or public easement) and obtain approval from the Engineering Department.
29. During issuance of the building permit for Parcels 1 & 3, the applicant shall pay the standard
water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS).
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE
DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS
DECISION.
SECTION III. BACKGROUND INFORMATION
Pro e Histo :
e property is designated Low Density Residential on the Tigard Comprehensive Plan and Zoning
Map. No prior land use approvals were found affecting this parcel.
Site Information and Pro osal Descri tions
he applicant is reques ing inor an artition approval to create a three-lot partition on a parcel of
land containing approximately .72 acres. This partition will create Parcel #1 with approximately 7,810
square feet, Parcel #2 with 9,156 square feet, and Parcel #3 with 10,600 square feet. The applicant has
also applied for an Adjustment to not construct a fire apparatus turn around, but instead sprinkle the
future house on proposed Parcel #3.
SECTION IV. PUBLIC COMMENTS
The City mailed notice to property owners within 500 feet of the subject site providing them an
opportunity to comment. Two letters were received. The following are the issues raised within the
submitted letters.
• The property could potentially be developed as duplexes and/or attached single-family units through
a conditional use permit. Our street has several half acre and acre lots, with single-family homes.
Allowing duplexes or attached single-family units would increase the street traffic, noise levels, police
and emergency calls and lower the property values of the entire neighborhood.
Staff Response:
The applicant has proposed single-family detached units. The maximum density allowed for the
subject site is two additional units. If the applicant were to build duplexes on the proposed lots,
the project would exceed the maximum density allowed for the property. Duplexes would
require a 15,000 square foot lot in the R-4.5 zone. These lots are not that size.
. Our understanding is that all these residences will be rentals and that one of them will be a duplex.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 5 OF 23
Staff Response:
As mentioned above, the applicant has proposed single-family dwellings. The law does not
regulate ownership or rentals. The applicant would need to apply for a Conditional Use Permit in
order to build a duplex, which requires a public hearing in front of the Hearings Officer. A public
hearing would require notification and neighbors would be allowed to speak at the hearing. The
applicant has not filed an application for such a process. The City has no control over the use of
the proposed homes as rentals. Fifteen thousand square feet is require for duplexes to meet
Tigard's Comprehensive Plan regarding density requirements.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
Variances and Adiustments (18.370):
18.370.020.C.5 Adjustment to access and egress standards (18.705).
In all zoning districts where access and egress drives cannot be readily designed to conform to
Code standards within a particular parcel, access with an adjoining property shall be considered.
If access in conjunction with another parcel cannot reasonably be achieved, the Director may
grant an adjustment to the access requirements of Cha�ter 18.705 through a Type II procedure,
as governed in Section 18.390.030, using approval criteria contained in Subsection 2b below.
The applicant has requested an adjustment to 18.705.030.1.4 (Access drives in excess of 150 feet in
length shall be provided with approved provisions for the turning around of fire apparatus). The
applicant has indicated in the narrative that Tualatin Valley. Fire and Rescue will not require a
turnaround if the house on Parcel three has an automatic sprinkler system. However, staff did not
receive any written comments from NFR on the proposed project. Therefore, the applicant is
required to provide written sign-off from NFR that a turn-around is not required and the proposed
sprinkler system for parcel #31�as been approved.
The Director may approve, apQrove with conditions, or deny a request for an ad�ustment from
the access requirements contained in Chapter 18.705, based on the following criteria:
It is not possible to share access;
The applicant is requesting an adjustment to a fire apparatus turn around. Therefore, this standard is
irrelevant to the requested adjustment.
There are no other alternative access points on the street in question or from another street;
Due to existing development surrounding the subject parcel, SW Edgewood Street is the only street to
take access from.
The access separation requirements cannot be met.
As mentioned above, the applicant is requesting an ad�'ustment to the fire apparatus turn-around criteria.
Access separation has no bearing on the requested adjustment.
The request is the minimum adjustment required to provide adequate access;
The applicant has proposed a 16-foot accessway with 10 feet of pavement, which is one foot greater
than the minimum that the code requires. Therefore, the adjustment requested is the least needed and
will have no effect on adequate access to the proposed parcels.
The approved access or access approved with conditions will result in a safe access; and
The applicant has indicated in the narrative that Tualatin Valley Fire and Rescue will not require a
turnaround if the future home on parcel #3 has an automatic sprinkler system. The applicant has not
provided any documentation reflecting TVF&R's approval, which has been conditioned above. If NFR
does not approve such a request, the applicant is required to provide and implement a plan showing a
NFR approved fire apparatus turn-around.
NOTICE OF DECISION MLP2005-00001ITENY PARTITION PAGE 6 OF 23
The visual clearance requirements of Chapter 18.795 will be met.
Visual clearance will be met as outlined in Chapter 18.795 (Visual Clearance) which is addressed later in
this decision.
FINDING: Based on the analysis above, the adjustment standards have not been met. If the
applicant meets the conditions below, the adjustment criteria will be met.
CONDITION: Provide written sign-off from NFR that a tum-around is not required and the proposed
sprinkler system for parcel #3 has been approved. If not approved, the applicant must
provide and implement a plan showing a TVFR approved fire apparatus turn-around.
Land Partitions (18.420):
The proposed partition complies with all statutory and ordinance requirements and regulations;
The proposed partition complies or can be made to comply with all statutory and ordinance requirements
and regulations as demonstrated b the analysis contained within this administrative decision and
through the imposition of conditions o�development approval. All necessary conditions must be satisfied
as part of the development and building process. Therefore, this criterion is met.
There are adequate public facilities available to serve the proposal;
Public facilities are discussed in detail later in this decision under Cha pter 18.810 (Street 8� Utility
Improvement Standards). Based on the analysis provided he�ein, Staff finds that adequate public
facilities are available to serve the proposal. Therefore, this criterion is met.
All proposed improvements meet City and applicable agency standards; and
The public facilities and proposed improvements are discussed and conditioned later in this decision
under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part
of the permit process and during construction, at which time the appropriate review authority will ensure
that City and.applicable agency standards are met. Based on the analysis in this decision, Staff finds
that this criterion is met.
All proposed lots conform to the specific requirements below:
The minimum width of the building envelope area shall meet the lot requirement of the applicable
zoning district.
The minimum lot width required for the R-4.5 zoning district is 50 feet. Parcel #1 is 84 feet in width,
Parcel #2 is 84 feet in width and Parcel #3 is 100 feet in width. Therefore, this standard has been met.
The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the
accessway may not be included in the lot area.
The minimum lot area requirement in the R-4.5 zoning district is 7,500 square feet for detached
sin�le-family units. The proposed partition creates two (2) flag lots that are 9,114 and 10,600 square
fee without the 3,200 square feet of pole. This criterion has been satisfied.
Each lot created through the partition process shall front a public right-of-way by at least 15 feet
or have a legally recorded minimum 15 foot wide access easement.
Proposed parcel #1 has 84 feet of frontage onto SW Edgewood Street. Proposed parcels #2 and #3
also have fronta e to SW Edgewood Street through a 16-foot wide pole used for access. Therefore, this
criterion is satis�ed.
Setbacks shall be as required by the applicable zoning district.
Setbacks for the R-4.5 zoning district are as follows: front, 20 feet; side, 5 feet; rear, 15 feet. The
existing house on Parcel #2 is proposed to remain, which meets required setbacks. Setbacks for the
future homes will be reviewed during the building permit phase.
NOTICE OF DECI510N MLP2005-000�1/TENY PARTITION PAGE 7 OF 23
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.
Proposed parcels #2 and #3 are flag lots. Proposed Parcel #2 already has a home on it. The home
already meets the 10-foot side yard setback standard. Setbacks for the future home of proposed
Parcels #1 and #3 will be reviewed at time of building permit. Therefore, this standard has been
satisfied.
A screen shall be provided along the property line of a lot of record where the paved drive in an
accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040.
Screening may, also be required to maintain privacy for abutting lots and to provide usable
outdoor recreation areas for proposed development.
Proposed parcels #2 and #3 will share a driveway that is within 10 feet of the abutting property to the
east. Accordin� to the appIicanYs plans there is a six foot high Cedar fence that screens the rear 180
feet of the sub�ect site. Therefore, the applicant is required to screen the remaining 115 feet of the
access drive running north.
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 capabili�ies.
The applicant has been conditioned above, under 18.370 Variances and Adjustments to provide
comments from Tualatin Valley Fire and Rescue, which address fire hydrants. Therefore, this standard
is satisfied.
Where a common drive is to be provided to serve more than one lot, a reciprocal easement
which will ensure access and maintenance rights shall be recorded with the approved partition
map.
Proposed parcel #2 and #3 are shown to use the same driveway. Therefore, the applicant is required to
record an access easement and maintenance agreement for the proposed driveway.
Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and
Circulation.
This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision.
Where landfill and/or development is allowed within or adjacent to the one-hundred year
floodplain, the city shall require consideration of the dedication of sufficient open land area for
greenway adjoining and within the floodplain. This area shall include portions at a suitable
elevation for the construction of a pedestrianlbicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan.
The partitioned lots are approximately 1,116 feet to the south of the nearest 100-year floodplain.
Therefore, this standard does not apply.
An application for a variance to the standards prescribed in this chapter shall be made in
accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition
and variance(s)/adjustment(s} will be processed concurrently.
The applicant has applied for an adjustment to the fire-apparatus turn-around requirement of 18.705
(Access Egress and Circulation), which is addressed above.
FINDING: Based on the analysis above, the land partition criteria have not been satisfied. However,
if the applicant complies with the conditions below, the standards will be met.
CONDITIONS:
. An access easement is required for proposed parcels #2 and #3 in order to
establish joint access.
NOTICE OF DECISION MLP2005-00001ffENY PARTITION PAGE S OF 23
. The applicant is required to provide and implement a plan showing the remaining
115 feet of the proposed access drive screened from the adjacent property to the
east.
Residential Zoninq Districts (18.510):
eve opmen s an ar s in resiaen ial zoning districts are contained in Table 18.510.2 below:
TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STAN DARD R�.S
Minimum Lot Size
-Detached unit 7,500 sq.ft.
-Duplexes 10,000 sq.ft.
-Attached unit
Average Minimum Lot Width
-Detached unit lots 50 ft.
-Duplex lots 90ft.
-Attached unit lots ,
Maximum Lot Covera e -
Minimum Setbacks
-Front yard 20 ft.
-Side facing street on comer&through lots 15 ft.
� -Side yard 5 ft.
-Rear yard 15 ft.
-Side or rear yard abutting more restrictive zoning district —
-Distance between property line and front of garage ' 20 ft.
-Side Yard Setbacks for Fla Lots DC 18.420.050 A 4 e 10 ft.
Maximum Hei ht 30 ft.
Minimum Landscape Re uirement
A minimum lot size of 7,500 square feet is required for each lot. The proposed lot sizes meet this
standard. Parcel #2 contains a single-family dwelling that will meet the required R-4.5 setbacks.
Future development will be reviewed through the building permit process to ensure compliance with
the R-4.5 development standards. Setback standards, required by Table 18.510.2 will apply to all
future development of the proposed lots.
FINDING: Based on the analysis above, the Residential Zoning District Standards have been met.
Access, Eqress and Circulation (18.705):
Chapter 18.705 establishes standards and regulations for safe and efficient vehicle access and
e�ress on a site and for general circulation within the site. Table 18.705.1 states that the
minimum vehicular access and e�ress for single-family dwelling units on individual lots shall be
one, 10-foot paved drivewa�r within a 15-foot-wide accessway. The minimum access width for 3-
6 dwelling units is 20 feet with 20 feet of pavement.
Access and egress to each lot created by the proposed partition would be directly onto SW Ed�ewood
Street. Proposed lots #2 and #3 will share a 10-foot asphalt drive, which satisfies the minimum
requirement of Table 18.705.1(Vehicular Access/Egress Requirements). This criterion has been
satisfied.
Access plan requirements.
No building or other permit shall be issued until scaled plans are presented and approved as
provided by this chapter that show how access, egress and circulation requirements are to be
fulfilled. The applicant shall submit a site plan. The Director shall provide the applicant with
detailed informat�on about this submission requirement.
Scaled site plans have been submitted that indicate how the requirements of access, egress, and
circulation are met. Therefore, this criterion has been satisfied.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 9 OF 23
Joint access. '
Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same
access and egress when the combined access and egress of both uses, structures, or parcels of
land satisfies the combined requirements as designated in this title, provided: Satisfactory legal
evidence shall be presented in the form of deeds, easements, leases or contracts to establish the
joint use; and Copies of the deeds, easements, leases or contracts are placed on permanent file
with the City.
Joint access is proposed. Parcel #2 has a house on it and will obtain access from the same driveway
that Parcel #3 will utilize. An access easement has been conditioned above, under 18.420 land
Partitions.
Public street access.
All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall
connect directly with a public or private street approved by the City for public use and shall be
maintained at the required standards on a continuous basis.
All lots will directly access SW Edgewood Street which is a public street. Therefore, this standard has
been satisfied.
Curb cuts shall be in accordance with Section 18.810.030N.
Curb cuts will be addressed under Chapter 18.810 Street and Utility Improvements Standards later in
this decision.
Re uired walkwa location. On-site pedestrian walkways shall comply with the following
s an ar s:
Walkways shall extend from the ground floor entrances or from the �round floor landing of
stairs, ramps, or elevators of all commercial, institutional, and industr�al uses, to the streets
which provide.the required access and egress. Walkways shall provide convenient connections
between buildings in multi-building commercial, institutional, and industrial complexes. Unless
impractical, walkways shall be constructed between new and existing developments and
neighboring developments;
Within all attached housing (except two-family dwellin s) and multi-family developments, each
residential dwelling shall be connected by walkway to�he vehicular parking area, and common
open space and recreation facilities;
Wherever rec�uired walkways cross vehicle access driveways or parking lots, such crossings
shall be designed and located for pedestrian safety. Required walkways shall be physicafly
separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation
(curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic
aisles are permitted for distances no greater than 36 feet if appropriate landscap�ng, pavement
markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet
in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle
racks, and sign posts, and shall be in compliance with ADA standards;
Required walkways shall be paved with hard surFaced materials such as concrete, asphalt,
stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety
purposes: Soft-surfaced public use pathways may be provided only if such pathways are
provided in addition to required pathways.
This proposal is for a detached single-family development, this standard does not apply.
Inadequate or hazardous access.
Ap�lications for building permits shall be referred to the Commission for review when, in the
opinion of the Director, fhe access proposed would cause or increase existing hazardous traffic
conditions; or would provide inadequate access for emergency vehicles; or would in any other
way cause hazardous conditions to exist which would constitute a clear and present danger to
the public health, safety and general welfare.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 10 OF 23
The lots within this partition will be providing direct access to a public street. Tualatin Valley,Fire and
Rescue and Tigard Police have been notified of the proposed partition. Tigard Police have not indicated
a hazard and TVFR did not provide comments. The Director has not determined that Planning
Commission review is necessary for building permits. With regard to streets and street intersections,
these issues are addressed under TDC Chapter 18.810 (Street and Utility Improvement Standards).
Therefore, this standard is satisfied.
Direct individual access to arterial or collector streets from single-family dwellings and duplex
lots shall be discouraged. Direct access to major collector or arterial streets shall be considered
only if there is no practical alternative way to access the site.
The proposed single-family lots will have access to a public street (SW Edgewood Street). Therefore,
no singfe-family lot will have direct access to a major collector or arterial. This standard has been
satisfied.
In no case shall the design of the service drive or drives require or facilitate the backward
movement or other maneuvering of a vehicle within a street, other than an alley. Single-family
and duplex dwellings are exempt from this requirement.
This criterion does not apply to the proposed single-family dwellings.
Access Mana ement (Section 18.705.030.H)
3 cfio��� . . s a es a an access report shall be submitted with all new development
proposals which verifies design of driveways and streets are safe by meetin a dequate stacking
needs, sight distance and deceleration standards as set by ODOT, Washing�on County, the City
and AASHTO.
The applicant has proposed that Parcel 1 have a new access onto Edgewood Street, while Parcels 2 &
3 share the existing driveway. An access report has not been submitted, but Staff has visited the site
and believes the sight distance along Edgewood Street is adequate. The applicant's engineer shall
provide a final sight distance certification of each proposed and/or shared driveway location prior to
approval of the final plat.
Section 18.705.030.H.2 states that drivewa�rs shall not be permitted to be placed in the influence
area of collector or arterial street intersections. Influence area of intersections is that area where
queues of traffic commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet, measured from the right-
of-way line of the intersectin� street to the throat of the proposed drivewa�r. The setback may be
�reater depending upon the influence area, as determined from City Engineer review of a traffic
impact report submitted by the applicant's traffic engineer. In a case where a project has less
than 150 feet of street frontage, the applicant must explore any option for shared access with the
adjacent�arcel. If shared access is not possible or practical, the driveway shall be placed as far
from the intersection as possible.
Edgewood is classified as a Neighborhood Route; therefore this criterion does not apply.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a
collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall
be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet.
The proposed partition fronts SW Edgewood Street, which is a neighborhood route. Therefore, this
critenon does not apply.
Minimum access requirements for residential use.
Vehicular access and egress for sin�le-family, duplex or attached sin�le-family dwelling units on
individual lots and multi-family residential uses shall not be less han as provided in Table
18.705.1 and Table 18.705.2;
The applicant has shown proposed parcels #2 and #3 to share the proposed driveway, which has a
paved width of 10 feet. According to table 18.705.1, individual parcels are to have a fifteen foot access
drive with 10 feet of pavement. The applicant has shown a 16-foot right-of-way width with 10 feet of
pavement. Therefore, this standard is satisfied.
NOTICE OF DECISION MLP20�5-00001/TENY PARTITION PAGE 11 OF 23
Vehicular access to multi-family structures shall be brought to within�50 feet of the ground floor
entrance or the ground floor fanding of a stairway, ramp, or elevator leading to the dwelling
units;
No multi-family structures are proposed with this application. Therefore, this standard does not apply.
Private residential access drives shall be provided and maintained in accordance with the
provisions of the Uniform fire Code;
Tualatin Valley Fire and Rescue was sent notice. However, NFR has not responded. The applicant
has requested an adjustment to the Fire Apparatus Turn-Around as discussed above and has been
conditioned to provide comments regarding tF�e proposed development.
Section 18.705.030.H.4 states that Access drives in excess of 150 feet in length shall be provided
with approved provisions for the turning around of fire apparatus by one of the following: a
circular, paved surFace having a minimum turn radius measured from center point to outside
edge of 35 feet or a hammerhead-configured: paved surface with each leg of the hammerhead
having a minimum depth of 40 feet and a minimum width of 20 feet. The maximum cross slope
of a required turnaround is 5%.
The proposed access drive is greater than 150 feet in length. However, the applicant has requested an
adjustment to this standard which is addressed above. The applicant proposes to include a sprinkler
system in the future home of proposed parcel#3. Therefore, this standard is satisfied.
FINDING: Based on the analysis above, the Access, Egress and Circulation standards have been
met.
Densitv Computations (18.7151:
A:6e�ni ion o ne eve opment area. Net development area, in acres, shall be determined
by subtracting the following land area(s) from the gross acres, which is all of the land
included in the legal description of the property to be developed:
1. All sensitive land areas
2. All land dedicated to the public for park purposes;
3. All land dedicated for public rights-of-way.
4. All land proposed for private streets; and
5. A lot of at least the size required by the applicable base zoning district, if an existing
dwelling is to remain on the site.
B. Calculating maximum number of residential units. To calculate the maximum number of
residential units per net acre, divide the number of square feet in the net acres by the
minimum number of square feet required for each lot in the applicable zoning district.
C. Calculating minimum number of residential units. As required by Section 18.510.040, the
minimum number of residential units per net acre shall be calculated b multiplying the
maximum number of units determined in Subsection B above by 80% (0.8�
The standards for density computation address the intensity of residential land uses, typically
expressed as the number of housing units.p.er acre. The total square footage of the subJ'ect property
is 30,700 square feet. There are no sensitive land areas within the sub�ecf proposal. To determine
the net developable area, the square footage to accommodate the existing house on Parcel #2 (9,114
square feet) and the square footage of the street dedication (700 square feet) is subtracted from the
calculation. This results in a net developable area of 20,886 square feet. As the minimum lot size for
the R-4.5 zone is 7,500 square feet, the maximum number of additional residential units is two �lus
the existing house. The proposed partition creates two additionaT ot�which is in conformance with
the minimum density requirements.
FINDING: Based on the analysis above, the Density Computation Standards have been met.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 12 OF 23
Landscapinq and Screeninq (18.745):
Street trees: Section 18.745.040
ec ion . 45.040.A.: All development projects fronting on a public street, private street or a
private driveway more than 100 feet in length approved after the adoption of this title shall be
required to plant street trees in accordance with the standards in Section 18.745.040C.
This proposed project has frontage on SW Edgewood Street. The access drive serving the proposed
lots will exceed the 100-foot length. Street trees are required alon the private driveway and shall be
planted in accordance with the standards for size and spacing in this�itle, under Section 18.745.040.C.
FINDING: Based on the analysis above, the Landscaping and Screening Standards have not been
met. If the applicant complies with the condition below, the standard will be met:
CONDITION: Provide and Implement a plan that shows street trees required planted along the �private
driveway in accordance with the standards for size and spacing, under Section
18.745.040.C, of the Tigard Development Code.
Tree Removal (18.790):
ree p an or�ie pranting, removal and protection of trees prepared by a certified arborist shall
be provided for any lot„ parcel or combination of lots or parcels for which a development
application for a subdivision, partition, site development review, planned development or
conditional use is filed. Protection is preferred over removal wherever possible.
There are a total of 13 trees greater than 12-inches in diameter. Six of the 13 trees greater than 12-
inches are considered hazardous trees, by reason of disease. Therefore, seven trees are viable for
mitigation. The applicant is proposing to save four of the trees greater than 12-inches or 57%.
According to the mitigation requirements, the applicant is required to mitigate fifty percent of the inches
removed when retaining between 50 and 75 percent of viable trees greater than 12-inches. A condition
will be imposed that the applicant provide a mitigation plan for 43 inches.
Section 18.790.040 states that any tree preserved or retained in accordance with this section may
thereafter be removed only for the reasons set out in a tree plan, in accordance with Section
18.790.030, or as a condition of approval for a conditional use, and shall not be subject to
removal under any other section of this chapter. The property owner shall record a deed
restriction as a condition of approval of any development permit affected by this section to the
effect that such tree may be removed only if the tree dies or is hazardous according to a certified
arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in
accordance with this section should either die or be removed as a hazardous tree. The form of
this deed restriction shall be subject to approval by the Director.
The applicant will be required as a condition of approval to record a deed restriction limiting the removal
of trees that are retained on the project site following completion of the partition improvements, in
accordance with this standard.
FINDING: Based on the analysis above, the Tree Removal Standards have not been met. In order
to meet the standard, the applicant shall satisfy the following conditions:
CONDITIONS:
. Provide a mitigation plan for a total of 43 inches.
. Record a deed restriction limiting the removal of trees that are retained on the
project site following completion of the partition improvements.
Visual Clearance Areas�18.795):
TFiis ap er requires thaf a cTear vision area shall be maintained on the corners of all property
adjacent to intersecting right-of-ways or the intersection of a public street and a private
dr�veway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or
temporary or permanent obstruction exceeding three (3) feet in heighf. The code provides that
obstructions that may be located in this area shall be visually clear between three (3) and eight
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 13 OF 23
(8) feet in height. Trees may be placed within this area provided that all branches below eight (8)
feet are removed. A visual clearance area is the triangular area formed by measuring from the
corner, 30-feet along the right-of-way and along the driveway and connecting these two points
with a straight line.
The applicant will be required to place a note on the final plat that no structures, fences, retaining walls
or vegetation over three feet �ill be placed in the visual clearance triangles at the intersection of the
proposed driveway and SW 79 Avenue.
FINDING: Based on�the analysis above, the Vision Clearance Standards are not met.
CONDITION: Place a note on the final plat that no structures, fences, retaining walls or vegetation over
three feet will be plac�ed in the visual clearance triangles at the intersection of fhe proposed
driveway and SW 79 Avenue.
Impact Stud (18.390)
�c ion . b`�6S�states, "The Director shall make a finding with respect to each of the
following criteria when approving, approving with conditions or denying an application:"
Section 18.390.040 states that the ap�licant shall provide an impact study to quantify the
effect of development on public facilities and services. For each public facility system and
type of impact, the study shall propose improvements necessary to meet Cit� standard, and to
minimize the impact of the development on the public at large, public facilities systems, and
affected private property users.
In situations where the Community Development Code requires the dedication of real property
interests, the applicant shall either specifically concur with a requirement for Qublic right-of-way
dedication, or provide evidence that supports that the real prope� dedication is not roughly
proportional to the projected impacts of the development. Section 1 390.040 states that when a
condition of approval requires the transfer to the public of an interest in real property, the
approval authority shall adopt findings which support the conclusion that the interest in real
property to be transferred is roughly proportional to the impact the proposed development will
have on the public.
The applicant has submitted an impact study that addresses the impact the proPosed partition will have
on public facilities. The impact study can be found in the land-use file at the City s Permit Center.
The Washington County Traffic Impact Fee.(TIF) is a mitigation measure that is required at the time of
developmenf. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy
Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of
new development on the Collector and Arterial Street system. The applicant will be required to pay TIF's
of approximately $2;690 per new dwelling unit.
Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements
citywide, a fee that would cover 100 percent of this projects traffic impact is $16,812 ($5,380 divided by
.32). The difference between the TIF paid, and the full impact, is considered the unmitigated impact on
the street system. The unmitigated impact of this project on the transportation system is $11,432. The
cost of the improvements is expected to be $2,'f00 ($2,100 (R-O-W Dedication). The exactions are
proportionate.
PUBLIC FACILITY CONCERNS
Street And Utilitv Improvements Standards Section 18.810�
Z ap er . prov�es cons ruc ion s an ar s or ie implementation of public and private
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
NOTICE OF DECISION MLP2005-000011TENY PARTITION PAGE 14 OF 23
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be
improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion
of an existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Neighborhood
Route to have a 54 right-of-way width and 32-foot paved section. Other improvements required
may include on-street parking, sidewalks and bikeways, underground utilities, street lighting,
storm drainage, and street trees. �
This site lies adjacent to SW Edgewood Street, which is classified as a Neighborhood Route on the City
of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline,
according to the most recent tax assessor's map. The applicant should dedicate the additional ROW
required to provide 27 feet from centerline.
SW Edgewood Street is currently partially improved. In order to mitigate the impact from this
development, the applicant should enter into a restrictive covenant for future half-street improvements.
Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan
shall be filed which shows the pattern of existing and proposed future streets from the
boundaries of the proposed land division. This section also states that where it is necessary to
g�ve access or perm�t a sat�sfactory future division of adjoining land, streets shall be extended to
the boundary lines of the tract to be developed and a barricade shall be constructed at the end of
the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since
they are intended to continue as through streets at such time as the adjoining property is
developed. A barricade shall be constructed at the end of the street by the property owners
which shall not be removed until authorized by the City Engineer, the cost of which shall be
included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-
sac bulbs shall be constructed for stub streets in excess of 150 feet in length.
There are no opportunities to provide a future street extension with this development. The development
directly�o the south, McDonald Woods, has received land use approval and they are required to extend
SW 93� Avenue from McDonald Street to the north.
Street Alignment and Connections: -
Section 18.810.030.H.1 states that full street connections with spacing of no more than 530
feet between connections is required except where prevented by barriers such as topography,
railroads, freeways, pre-existing developments, lease provisions, easements, covenants or
other restrictions existing prior fo May 1, 1995 which preclude street connections. A full street
connection may also be exempted due to a regulated water feature if regulations would not
permit construction.
Section 18.810.030.H.2 states that all local, nei�hborhood routes and collector streets which
abut a development site shall be extended within the site to provide through circulation when
not precluded by environmental or topo�raphical constraints, existing development patterns
or strict adherence to other standards in this code. A street connection or extension is
precluded when it is not possible to redesign, or reconfigure the street pattern to provide
required extensions. Land is considered topographically constrained if the slope is greater
than 15% for a distance of 250 feet or more. In the case of environmental or topographical
constraints, the mere presence of a constraint is not sufficient to show that a street
connection is not possible. The applicant must show why the constraint precludes some
reasonable street connection.
There are no opportunities to provide a new street alignment or connection with this development. The
development directly to tl�e south, McDonald Woods, has received land use approval and they are
required to extend SW 93� Avenue from McDonald Street to the north. This will provide the connectivity
to meet this standard.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 15 OF 23
Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development
abuts or is traversed by an existing or proposed arterial or ma�or collector street, the
development design shall provide adequate protection for resident�al Qroperties and shall
separate residential access and through traffic, or if separation is not feasible, the design shall
minimize the traffic conflicts. The design shall include any of the following:
. A parallel access street along the a�terial or major collector;
• Lots of suitable depth abutting the arterial or major collector to provide adequate buffering
with frontage along another street;
• Screen planting at the rear or side property line to be contained in a non-access
reservation along the arterial or major collector; or
• Other treatment suitable to meet the objectives of this subsection;
. If a lot has access to two streets with different classifications, primary access should be
from the lower classification street.
This development is not adjacent to an Arterial or Collector, therefore this criterion does not apply.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be
desi�ned with due regard to providing adequate buifding sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall
not exceed 1,800 feet measured along the right-of-way line except:
• Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre-existing development or;
• For blocks adjacent to arterial streets, limited access highways, major collectors or
railroads.
. For non-residential blocks in which internal public circulation provides equivalent access.
No blocks are created with the proposed two lot partition. Therefore, this standard does not apply.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements
or right-of-ways shall be provided when full street connection is not possible. Spacing between
connections shall be no more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict adherence to other standards
in the code.
As mentioned above, no blocks are created with this application. Therefore, this standard does not
apply.
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from bein� more than 2.5 times
the average lot width, unless the parcel is fess than 1.5 times the minimum lot size of the
applicable zoning district.
The minimum lot size of the R-4.5 zoning district is 7,500 square feet. Based on the standard above,
none of the proposed parcels can be more than 2.5 times the average lot width unless they are less than
1.5 times the minimum lot size (11,250 square feet). None of the proposed parcels are greater than
11,250 square feet. The largest parcel is parcel three, which is 10,600 square feet with a width of 100
feet and a depth of 106 feet. Therefore, this standard does not apply.
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public
or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies,
which requires a parcel to either have a minirr�um 15-foot frontage or a minimum 15-foot wide
recorded access easement. In cases where the lot is for an attached single-family dwelling unit,
the frontage shall be at least 15 feet.
Proposed parcel #1 has 84 feet of frontage. Proposed .parcel #2 and #3 have 16 feet of frontage
through a private pole. Therefore, this standard is satisfied.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 16 OF 23
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design
standards and be located on both sides of arterial, collector and local residential streets. Private
streets and industrial streets shall have sidewalks on at least one side.
The applicant is required to enter into a restrictive covenant for half-street improvements, which includes
sidewalks, thereby meeting this criterion.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 1996 and including any future revisions or
amendments) and the adopted policies of the comprehensive plan.
Over-sizin�: Section 18.810.090.0 states that proposed sewer systems shall include
consideration of additional development within the area as projected by the Comprehensive
Plan.
The City is completing Sewer Reimbursement District 31, which will provide service to this property. The
applicant must provide separate connections for each parcel to the main line. All reimbursement fees
must be paid prior to issuance of the PFI permit.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make adequate provisions for
storm water and flood water runoff.
Accommodation of U pstream Drainage: Section 18.810.100.0 states that a culvert or other
drainage facility shall be large enough to accommodate potential runoff from its entire upstream
drainage area, whether inside or outside the development. The City Engineer shall approve the
necessary size of the facility, based on the provisions of Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and
including any future revisions or amendments).
There are no upstream drainage ways that impact this development.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the
City Engineer that the additional runoff resulting from the development will overload an existing
draina�e facility, the Director and Engineer shall withhold approval of the development until
provis�ons have been made for improvement of the potential condition or until provisions have
been made for storage of additional runoff caused by the development in accordance with the
Design and Construction Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno
Creek Watershed Management Plan. Section V of that plan includes a recommendation that local
governments institute a sformwater detention/effective impervious area reduction program resulting in no
net increase in storm peak flows up to the 25-year event. The City will require that all new developments
resulting in an increase of impervious surfaces provide onsite detention facilities, unless the
development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the
storm water runoff will be permitted to discharge without detention.
Small projects such as residential land partitions are not required to provide onsite detention. A fee-in-
lieu of construction of an on-site detention system will be allowed.
Storm water runoff from the existing home is directed towards Edgewood Street. There is not an
adequate public storm sewer system in Edgewood Street; therefore the applicant will only be allowed to
discharge runoff from Parcel 1 towards Edgewood Street. Runoff from Parcels 2 & 3 will be collected
on-site and discharg ed into a sto�m sewer lateral at the south property line. This lateral will be
constructed with the McDonald Woods development.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 17 OF 23
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed
bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for
the future extension of such bikeways through the dedication of easements or right-of-way.
Edgewood Street is not a bicycle facility.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes and
meter cabinets which may be placed above round, temporary utility service facilities during
construction, high capacity electric lines opera�ing at 50,000 volts or above, and:
. The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
. The City reserves the right to approve location of all surface mounted facilities;
. All underground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
. Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall
pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a
street where existing utilities which are not underg round will serve the development and the
approval authority determines that the cost and technical difficult� of under-grounding the
utilities outweighs the benefit of under-grounding in conjunction with the devefopment. The
determination shall be on a case-by-case basis. The most common, but not the only, such
situation is a short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground utilities facilities. An
applicant for a development which is served by utilities which are not underground and which
are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of
under-grounding.
There are existing overhead utility lines along the frontage of SW Edgewood Street. If the fee in-lieu is
proposed, it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The
frontage along this site is 100 lineal feet; therefore the fee woufd be $3,500.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
Public Water S stem:
e i y o igar ater Department provides service in this area. There is an existing water line
located in Edgewood Street. The applicant indicates two new 1-inch water meters to serve this
development.
Storm Water Quality:
T e iy as agree to enforce Surface Water Management (SWM� regulations established by
Clean Water Services (CWS) Design and Construction Standards adopted by Resolution and
Order No. 00-7) which require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm
water runoff generated from newly created impervious surfaces. In addition, a maintenance plan
shall be submitted indicating the frequency and method to be used in keeping the facility
maintained through the year.
The CWS standards include a provision that would exclude small projects such as residential land
partitions. It would be impracticaf to require an on-site water quality facility to accommodate treatment of
the storm water from Parcel 1. Rather, the CWS standards provide that applicants should pay a fee in-
lieu of constructing a facility if deemed appropriate. Staff recommend� payment of the fee in-lieu on this
application.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 18 OF 23
Gradin and Erosion Control:
esign an ons ruc ion Standards also regulate erosion control to reduce the amount of
sediment and other pollutants reaching the public storm and surface water system resulting
from development, construction, grading, excavating, clearin�, and any other activity whicfi
accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control
plan for City review and approval prior to issuance of City permits.
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System
(NPDES) erosion control Permit be issued for any development that will disturb one or more ac�e
of land. Since this site is over five acres, the developer will be required to obtain an NPDES
permit frorri the City prior to construction. This permit will be issued along with the site and/or
building permit.
A final grading plan shall be submitted showing the existing and proposed contours. The plan shall
detail the provisions for surface drainage of all lots, and show that they will be graded to insure that
surface drainage is directed to the street or a public storm drainage system approved by the Engineering
Department. For situations where the back portions of lots drain away from a street and toward adjacent
lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff
from each lot.
Address Assi nments: �
e i o igar is responsible for assigning addresses for parcels within the City of Tigard and within
the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address shall be
assessed. This fee shall be paid to the City prior to final plat approval.
Surve Re uirements:
e app ican s ina p at shall contain State Plane Coordinates [NAD 83 (91 on two monuments with a
tie to the City's global positioning system (GPS) geodetic control network (�C 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
established by:
. GPS tie nefinrorked to the City's GPS survey.
. By random traverse using conventional surveying methods.
In addition, the appIicanYs as-built drawings shall be tied to the GPS network. The applicant's engineer
shall provide the City with an electronic file with points for each structure (manholes, catch basins, water
valves, hydrants and other water system features in the development, and their respective X and Y
State Plane Coordinates, referenced to NAD 83 (91�.
SECTION VI. OTHER STAFF COMMENTS
City of Tigard Police Department has reviewed the proposal and has offered the following comments:
. Request monument/sign placed at foot of driveway at SW Edgewood Street indicating house
number for new parcel once a residence is constructed.
City of Tigard Building Department has reviewed the proposal and has offered the following
comments:
• Roof drainage to ditch must be approved by senior plumbing inspector.
City of Tigard Forester has reviewed the proposal and has offered the following comments:
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 19 OF 23
LANDSCAPING AND SCREENING
18.745.030.C, Installation Requirements The installation of all landscaping shall be as follows:
All landscaping shall be installed according to accepted plantin� procedures.
The plant material shall be of high grade, and shall meet the size and grading standards of the
American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and any other future revisions); and
Landscaping shall be installed in accordance with the provisions of this title.
The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These
guidelines follow those set forth by the International Society of Arboriculture (ISA) tree planting
guidelines as �ell as the standards set forth in the American Institute of Architects' Architectural Graphic
Standards, 10 edition. In the Architectural Graphic Standards there are guidelines for selecting and
planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil
amendments and modifications.
In order to develop tree species diversity onsite it is recommended that the following guidelines be
followed:
No more than 30°/a of any one family be planted onsite.
No more than 20°/a of any one genus be planted onsite.
No more than 10% of any one species be planted onsite.
18.745.030.E Protection of Existin Landsca in . Existing vegetation on a site shall be
pro ec e as muc as possi e:
The developer shall provide methods for the protection of existing vegetation to remain during the
construction process; and
The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can
be fenced, as in snow fencing which can be placed around the individual trees).
See comments under"Tree Removal".
18.745.030.G Conditions of A roval of Existin Ve etation. The review procedures and
s an ar s or require an scaping an screening s a e specified in the conditions of
approval during development review and in no instance shall be less than that required for
conventional development.
See recommended conditions of approval at the end of this memorandum.
18.745.040 Street Trees
ro ec ion o existin ve etation. All development proJ ects fronting on a public street,
private s ree or a priva e riveway more than 100 feet in length approved after the adoption of
this title shall be required to plant street trees in accordance with the standards in Section
18.745.040.C.
The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These
guidelines follow those set forth by the International So�ciety of Arboriculture (ISA) tree planting
guidelines as ell as the standards set forth in the American Institute of Architects' Architectural Graphic
Standards, 10� edition. In the Architectural Graphic Standards there are guidelines for selecting and
planting trees based on the soil volume and size at maturitv. Additionally, there are directions for soil
amendments and modifications.
In order to develop tree species diversity onsite it is recommended that the following guidelines be
followed:
No more than 30% of any one family be planted onsite.
No more than 20% of any one genus be planted onsite.
No more than 10% of any one species be planted onsite.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 20 OF 23
2. TREE REMOVAL
18.790.030, Tree Plan Requirement
A. Tree plan re uired. A tree plan for the planting, removal and protection of trees
preparea oy a ceR�T�`a a oorist shall be provided for any lot, parcel or combmation of lots or
parcels for which a develo pment a p�lication for a subdivision, partition, site develo pment
review, planned development or conditional use is filed. Protection is preferred over removal
wherever possible.
B. Plan re uirements. The tree plan shall include the following:
1. enti ica ion o e location, size and species of all existing trees including trees
designated as signifcant by the city;
2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in
caliper. Mitigation must follow the replacement �uidelines of Section 18.790.060D, in accordance
with the following standards and shall be exclusive of trees required by other development code
provisions fo� landscaping, streets and parking lots:
a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation
program in accordance with Section 18.790.060D of no net loss of trees;
b. Retention of from 25% to 50% of existing trees over 12 inches in caliper reyuires that two-
thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D;
c. Retention of from 50°/a to 75% of existin� trees over 12 inches in caliper requires that 50
percent of the trees to be removed be mitigated in accordance with Section 18.790.060D;
d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation.
3. Identification of all trees which are proposed to be removed;
4. A protection program defining standards and methods that will be used by the applicant
to protect trees during and after construction.
As required, the applicant submitted a tree plan. The plan does not appear to have been done by a
certified arborist. The plan report contains three out of the four required components, and, is therefore,
unacceptable.
Care needs to be taken to protect these trees' roots in all phases of construction, including any
irrigation work that may occur very late into the project. If the developer does not build the
homes, the builder must also follow these guidelines and restrictions as well as any standards
specified by the project arborist..
I suggest planting native species of trees as some or all of the street trees such as bigleaf maple,
cascara or Oregon white oak. Properly sized oaks can be found at River Oak Farm & Nursery. Call
Diane at 503-357-2745. The species of street tree used in this development is not listed. The species
must be approved before the trees can be planted.
If the developer is planning on planting trees on the private properties to satisfy tree mitigation
requirements he needs to follow the guidelines developed for planting mitigation trees. The guidelines
are attached.
Below are my suggestions for the applicant to follow for tree protection guidelines:
Prior to construction, a Tree Protection Plan shall be included with the proposed construction drawings
conformin� to the International Society of Arboriculture (ISA) guidelines for review and approval by the
City Fores er. All tree protection devices, along with their details and specifications, shall be shown on
the Tree Protection Plan. This plan shall also include the buildin footprints shown in relation to the
trees bein� preserved. Any tree that will not be removed onsite tha�is within the limits of disturbance of
this proJ ec must be protected. Any tree that is located on property adjacent to the construction project
that wifl have more than 15°/o of its root system disturbed by construction activities shall also be
protected,
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 21 OF 23
1 • •
Prior to construction, the applicant shall submit a detailed construction schedule to the City Forester with
notations as to when tree protection devices will be either installed or removed throughout construction
of the project.
A note shall be placed on the final set of plans indicatin that equipment, vehicles, machinery, grading,
dumping, storage,.burial of debris, or any other construc�ion-related activities shall not be located inside
of any tree protection zone or outside of fhe limits of disturbance where other trees are being protected.
All tree protection devices shall be:
. Visible.
• Constructed of 11 Gauge steel chain-link fencing supported on at least 2" O.D. steel posts. Each
post shall be no less than four feet high from the top of grade. Each post shall be driven into the
ground to a depth of no less than two and a half feet below grade. Each post shall be spaced no
further apart than four feet. �
• Between each post, securely attached to the chain-link fencing, shall be a sign indicating that the
area behind the fencing is protected and no construction activity, including material storage, may
occur behind the fencing.
• Inspected and approved in the field by the project arborist and City Forester prior to clearing,
grading, or the beginrnng of construction.
. Remain in place and maintained until all construction is completed and a final inspection is
conducted.
If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc.) the
project arborist and Ci Forester must be notified before any entry occurs. Before entering the TPZ, the
proJ ect arborist and Ci�jr Forester shall determine the method by which entry can occur, along with any
additional tree protection measures.
Prior to issuance of building permits, the ProJ'ect Arborist shall submit a final certification indicating the
elements of the Tree Protection Plan were followed and that all remaining trees on the site are healthy,
stable and viable in their modified growing environment. �
RECOMMENDED CONDITIONS OF APPROVAL:
. rior o commencing si e wor , e app ican s all submit a cash assurance for the equivalent value of
mitigation required. If additional trees are preserved through the subdivision improvements and
construction of houses, and are properly protected through these stages by the same measures afforded
to other protected trees on site, the amount of the cash assurance ma be correspondingly reduced.
Any trees planted on the site or off site in accordance with 18.790.060 �D) will be credited against the
cash assurance, for two years following final plat approval. After such time, the applicant shall pay the
remaining value of the cash assurance as a fee in lieu of planting.
2. Prior to issuance of building permits, the applicanUowner shall record a deed restriction to the effect
that any existing tree greater than 12" diameter may be removed only if the tree dies or is hazardous
according to a certified arborist. The deed restriction may be removed or will be considered invalid if a
tree preserved in accordance with this decision should either die or be removed as a hazardous tree.
3. Prior to commencing any site work, the applicant shall submit construction drawings that include the
approved Tree Removal, Protection and Landscape Plan. The plans shall also include a construction
sequence includin� insta�lation and removal of tree protection devices, clearing, grading, and paving.
On(y those trees identified on the approved Tree Removal plan are authorized for removal by this
decision.
4. Prior to commencing any site work, the applicant shall establish fencing as directed by the project
arborist to protect the trees to be retained. The applicant shall allow access by the City Forester for the
purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are
Performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated
ocations shall be grounds for immediate suspension of work on fhe site until remediation measures
and/or civil citations can be processed.
5. Prior to final plat approval, the applicant shall ensure that the Project Arborist has submitted written
reports to the City Forester, at least, once every two weeks, from initial tree protection zone (TPZ)
fencing installation, through site work, as he monitors the construction activities and progress. These
reports should include any changes that occurred to the TPZ as well as the condition and focation of the
NOTICE OF DECISION MLP2005-00001fiENY PARTITION PAGE 22 OF 23
tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the
fencing was moved, and shall certify that the construction activities to the trees did not adversely impact
the overall, long-term health and stability of the tree(s). If the reports are not submitted or received by
the City Forester at the scheduled intervals, and if it appears the TPZ 's or the Tree Protection Plan is
not being followed by the contractor, the City can stop work on the project until an inspection can be
done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree�protection
fencing, determine if the fencing was moved at any point during construction, and determine if any part
of the Tree Protection Plan has been violated.
6. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the
location of the trees that were preserved on the lot, location of tree protection fencing, and a signature of
approval from the project arborist regarding the placement and construction techniques to be employed
in building the house. All proposed protection fencing shall be installed and inspected prior to
commencing construction, and shall remain in place through the duration of home buildmg. After
approval from the City Forester, the tree protection measures may be removed.
If you have any questions please call me anytime. Thank you for requesting my comments on this
project.
SECTION VII. AGENCY COMMENTS
No comments were received.
Final Decision:
THIS DECISION IS FINAL ON OCTOBER 11, 2005 AND BECOMES
EFFECTIVE ON OCTOBER 26, 2005 UNLESS AN APPEAL IS FILED.
A�qeal:-
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may
appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development
Code which provides that a written appeal together with the required fee shall be filed with the Director
within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule
and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard,
Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, subject to any additional rules of procedure that
may be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON OCTOBER 25, 2005.
Questions:
yT�ouTiave any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at �503) 639-4171.
. ���
�`"� " October 11 2005
ce r
so ' anner
t-�-� October 11 2005
. ic ar ewers o
Planning Manager
NaTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 23 OF 23
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(Map is not to sca�e) TENY PARTITION
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2005-00001 CITYOFTIdARD
Comrnunity�DeveCopment
TENY PARTITION SFcapingA�etterCommunity
120 DAYS = 12/9/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: � TENY PARTITION
CASE NOS: Minor Land Partition (MLP) MLP2005-00001
Adjustment (VAR) VAR2005-00052
PROPOSAL: The applicant is requesting Minor Land Partition approval to create a three-lot
partition on a parcel of land containing approximately .72 acres. This partition will
create Parcel #1 with approximately 7,810 square feet, Parcel #2 with 9,156
square feet, and Parcel #3 with 10,600 square feet. The applicant has also
applied for an Adjustment to not construct a fire apparatus turn around, but instead
sprinkle the future house on proposed Parcel #3.
APPLICANT: Wally Miller OWNER: George Teny
305 5W 144t" Avenue 6685 SW Sagert St. #7
Beaverton, OR 97006 Tualatin, OR 97062
COMP. PLAN
DESIGNATION: Low-Density Residential District.
ZONING
DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory
residential units at a minimum lot size of 7,500 square feet. Duplexes and
attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally.
LOCATION: 9200 SW Edgewood Street; WCTM 2S102DC, Tax Lot 1700.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370 (Variances and Ad�ustments)
18.390 (Decision-Makin� Procedures); 18.420 (Land Partitions�; 18.516
Residential Zoning Districts); 18.705 (Access Egress and Circulation); 18.715
Density Computations); 18.725, (Environmental Performance Standards); 18.745
Landscaping and Screening); 18.765 (Off-Street parking and Loading
equiremenfs); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); and
18.810 (Street and Utility Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in the full decision, available at City Hall.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
All documents and applicable criteria in the above-noted file are available for inspection at no cost or
copies can be obtained for twenty-five cents (25�) per page, or the current rate charged for copies at the
time of the request.
SECTION II1. PROCEDURE AND APPEAL INFORMATION
Notice:
o�tice mailed to:
X The applicant and owners
--X— Owner of record within the required distance
�— Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON OCTOBER 11, 2005 AND BECOMES
EFFECTIVE ON OCTOBER 26, 2005 UNLESS AN APPEAL IS FILED.
_A��eal:
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversel�r affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may
appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community
Development Code which provides that a written appeal together with the required fee shall be filed
with the Director within ten (10) business days of the date the Notice of Decision was mailed. The
appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW
Fiall Boulevard, Tigard, Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, subject to any additional rules of procedure that
may be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON OCTOBER 25, 2005.
Questions:
oF r furt�r information Please contact the Planning Division Staff Planner, Mathew Scheide er at
(503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon .
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NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER:
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
NOTICE OF PENDING LAND USE APPLICATIOH CfTYOFTIOARD
MINOR LAND PARTITION ,SF�pingA�et�Commun�ty
DATE OF NOTICE: August 30, 2005
FILE NUMBERS: MINOR LAND PARTITION (MLP) 2005-00001
ADJUSTMENT (VAR) 2005-00052
FILE NAME: TENY PARTITION
PROPOSAL: The applicant is requesting Minor Land Partition approval to perform a three-lot partition on
a parcel of land containing approximately .72 acres. This partition will create Parcel #1 with
approximately 7,810 square feet, Parcel #2 with 9,156 square feet, and Parcel #3 with
10,600 square feet. The applicant has also applied for an Adjustment to not construct a fire
apparatus tum around, but instead sprinkle the future house on proposed Parcel #3.
ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at
a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are
permitted conditionally. Some civic and institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715,
18.725, 18.745, 18.765, 18.790, 18.795 and 18.810.
LOCATION: 9200 SW Edgewood Street; WCTM 2S102DC, Tax Lot 1700.
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS:
Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to
submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT
5:00 PM ON SEPTEMBER 13. 2005. All comments should be directed to Mathew Scheideqqer, Associate Planner
in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the
City of Tigard by telephone at 503-639-4171 or by email to MattsCa�ci.tiqard.or.us.
ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE
SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS.
THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS
WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE
IS TENTATIVELY SCHEDULED FOR SEPTEMBER 22. 2005. IF YOU PROVIDE COMMENTS, YOU WILL BE
SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED.
WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL
CONTAIN THE FOLLOWING INFORMATION:
v
. Address the specific "Applicable Review Criteria" described in ���e section above or any other criteria
believed to be applicable to this proposal;
. Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to
provide a response;
. Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant
approval criteria with sufficient specificity on that issue.
Failure of any party to address the relevant approval criteria with sufficient specificity may preclude
subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings
directed at the relevant approval criteria are what constitute relevant evidence.
AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE
DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN
500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE
ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED
UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH
CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION.
SUMMARY OF THE DECISION-MAKING PROCESS:
. The application is accepted by the City
. Notice is sent to property owners of record within 500 feet of the proposed development area allowing a
14-day written comment period.
. The application is reviewed by City Staff and affected agencies.
. City Staff issues a written decision.
. Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all
owners of record of property located within 500 feet of the site, as shown on the most recent property tax
assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any
governmental agency which is entitled to notice under an intergovernmental agreement entered into with the
City which includes provision for such notice or anyone who is otherwise entitled to such notice.
INFORMATION/EVIDENCE AVAILABLE FOR REVIEW:
The application, written comments and supporting documents relied upon by the Director to make this decision are
contained within the record and are available for public review at the City of Tigard Community Development
Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this
service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of
this Notice under the section titled "Your Right to Provide Written Comments."
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MEMORANDUM
CITY OF TIGARD, OREGON
DATE: 811/05
TO: Matt Scheidegger, Associate Planner
FROM: Kim McMillan, Development Review Enginee �' ' ' (
RE: MLP2005-00001 Teny Partition
Access Manaqement (Section 18.705.030.H)
Section 18.705.030.H.1 states that an access report shall be submitted with
all new development proposals which verifies design of driveways and
streets are safe by meeting adequate stacking needs, sight distance and
deceleration standards as set by ODOT, Washington County, the City and
AASHTO.
The applicant has proposed that Parcel 1 have a new access onto Edgewood
Street, while Parcels 2 & 3 shares the existing driveway. An access report has
not been submitted, but Staff has visited the site and believes the sight distance
along Edgewood Street is adequate. The applicant's engineer shall provide a
final sight distance certification of each proposed and/or shared driveway location
prior to approval of the final plat.
Section 18.705.030.H.2 states that driveways shall not be permitted to be
placed in the influence area of collector or arterial street intersections.
Influence area of intersections is that area where queues of traffic
commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet,
measured from the right-of-way line of the intersecting street to the throat
of the proposed driveway. The setback may be greater depending upon the
influence area, as determined from City Engineer review of a traffic impact
report submitted by the applicant's traffic engineer. In a case where a
project has less than 150 feet of street frontage, the applicant must explore
any option for shared access with the adjacent parcel. If shared access is
not possible or practical, the driveway shall be placed as far from the
intersection as possible.
Edgewood is classified as a Neighborhood Route; therefore this criterion does
not apply.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways
and streets along a collector shall be 200 feet. The minimum spacing of
ENGINEERING COMMENTS MLP2005-00001 Teny Partition PAGE 1
driveways and streets along an arterial shall be 600 feet. The minimum
spacing of local streets along a local street shall be 125 feet.
The two driveways proposed are in compliance with this standard.
Street And Utilitv Improvements Standards (Section 18.8101:
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets
adjacent shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width
planned as a portion of an existing street shall be dedicated and improved
in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a
Neighborhood Route to have a 54 right-of-way width and 32-foot paved
section. Other improvements required may include on-street parking,
sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
This site lies adjacent to SW Edgewood Street, which is classified as a
Neighborhood Route on the City of Tigard Transportation Plan Map. At present,
there is approximately 20 feet of ROW from centerline, according to the most
recent tax assessor's map. The applicant should dedicate the additional ROW
required to provide 27 feet from centerline.
SW Edgewood Street is currently partially improved. In order to mitigate the
impact from this development, the applicant should enter into a restrictive
covenant for future half-street improvements.
Future Street Plan and Extension of Streets: Section 18.810.030.F states
that a future street plan shall be filed which shows the pattern of existing and
proposed future streets from the boundaries of the proposed land division.
This section also states that where it is necessary to give access or permit a
satisfactory future division of adjoining land, streets shall be extended to the
boundary lines of the tract to be developed and a barricade shall be
constructed at the end of the street. These street stubs to adjoining
properties are not considered to be cul-de-sacs since they are intended to
ENGINEERING COMMENTS MLP2005-00001 Teny Partition PAGE 2
I
continue as through streets at such time as the adjoining property is
developed. A barricade shall be constructed at the end of the street by the
property owners which shall not be removed until authorized by the City
Engineer, the cost of which shall be included in the street construction cost.
Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess of 150 feet in length.
There are no opportunities to provide a future street extension with this
development. The development directly to the south, McDonald Woods, has
received land use approval and they are required to extend SW 93`� Avenue from
McDonald Street to the north.
Street Alignment and Connections:
Section 18.810.030.H.1 states that full street connections with spacing of
no more than 530 feet between connections is required except where
prevented by barriers such as topography, railroads, freeways, pre-existing
developments, lease provisions, easements, covenants or other
restrictions existing prior to May 1, 1995 which preclude street
connections. A full street connection may also be exempted due to a
regulated water feature if regulations would not permit construction.
Section 18.810.030.H.2 states that all local, neighborhood routes and
collector streets which abut a development site shall be extended within
the site to provide through circulation when not precluded by
environmental or topographical constraints, existing development patterns
or strict adherence to other standards in this code. A street connection or
extension is precluded when it is not possible to redesign, or reconfigure
the street pattern to provide required extensions. Land is considered
topographically constrained if the slope is greater than 15% for a distance
of 250 feet or more. In the case of environmental or topographical
constraints, the mere presence of a constraint is not sufficient to show that
a street connection is not possible. The applicant must show why the
constraint precludes some reasonable street connection.
There are no opportunities to provide a new street alignment or connection with this
development. The development directly to the south, McDonald Woods, has
received land use approval and they are required to extend SW 93`� Avenue from
McDonald Street to the north. This will provide the connectivity to meet this
standard.
Access to Arterials and Major Collectors: Section 18.810.030.Q states that
where a development abuts or is traversed by an existing or proposed
arterial or major collector street, the development design shall provide
adequate protection for residential properties and shall separate residential
ENGINEERING COMMENTS MLP2005-00001 Teny Partition PAGE 3
access and through tra�c, or if separation is not feasible, the design shall
minimize the traffic conflicts. The design shall include any of the following:
• A parallel access street along the arterial or major collector;
• Lots of suitable depth abutting the arterial or major collector to provide
adequate buffering with frontage along another street;
• Screen planting at the rear or side property line to be contained in a
non-access reservation along the arterial or major collector; or
• Other treatment suitable to meet the objectives of this subsection;
• If a lot has access to two streets with different classifications, primary
access should be from the lower classification street.
This development is not adjacent to an Arterial or Collector, therefore this
criterion does not apply.
Block Designs - Section 18.810.040.A states that the length, width and shape
of blocks shall be designed with due regard to providing adequate building
sites for the use contemplated, consideration of needs for convenient
access, circulation, control and safety of street traffic and recognition of
limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks
formed by streets shall not exceed 1,800 feet measured along the right-of-
way line except:
• Where street location is precluded by natural topography, wetlands or
other bodies of water or, pre-existing development or;
• For blocks adjacent to arterial streets, limited access highways, major
collectors or railroads.
• For non-residential blocks in which internal public circulation provides
equivalent access.
PLANNING
Section 18.810.040.B.2 also states that bicycle and pedestrian connections
on public easements or right-of-ways shall be provided when full street
connection is not possible. Spacing between connections shall be no
more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict
adherence to other standards in the code.
PLANNING
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being
more than 2.5 times the average lot width, unless the parcel is less than 1.5
times the minimum lot size of the applicable zoning district.
ENGINEERING COMMENTS MLP2005-00001 Teny Partition PAGE 4
PLANNING
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of
frontage on public or private streets, other than an alley. In the case of a land
partition, 18.420.050.�4.4.c applies, which requires a parcel to either have a
minimum 15-foot frontage or a minimum 15-foot wide recorded access
easement. In cases where the lot is for an attached single-family dwelling
unit, the frontage shall be at least 15 feet.
PLANNING
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to
meet City design standards and be located on both sides of arterial,
collector and local residential streets. Private streets and industrial streets
shall have sidewalks on at least one side.
The applicant is required to enter into a restrictive covenant for half-street
improvements, which includes sidewalks, thereby meeting this criterion.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be
installed to serve each new development and to connect developments to
existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as
adopted by Clean Water Services in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive
plan.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems
shall include consideration of additional development within the area as
projected by the Comprehensive Plan.
The City is completing Sewer Reimbursement District 31, which will provide
service to this property. The applicant must provide separate connections for
each parcel to the main line. All reimbursement fees must be paid prior to
issuance of the PFI permit.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make
adequate provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a
culvert or other drainage facility shall be large enough to accommodate
ENGINEERING COMMENTS MLP2005-00001 Teny Partition PAGE 5
potential runoff from its entire upstream drainage area, whether inside or
outside the development. The City Engineer shall approve the necessary
size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or
amendments).
There are no upstream drainage ways that impact this development.
EfFect on Downstream Drainage: Section 18.810.100.D states that where it
is anticipated by the City Engineer that the additional runoff resulting from
the development will overload an existing drainage facility, the Director and
Engineer shall withhold approval of the development until provisions have
been made for improvement of the potential condition or until provisions
have been made for storage of additional runoff caused by the
development in accordance with the Design and Construction Standards
for Sanitary and SurFace Water Management (as adopted by Clean Water
Services in 2000 and including any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek
and adopted the Fanno Creek Watershed Management Plan. Section V of that
plan includes a recommendation that local governments institute a stormwater
detention/effective impervious area reduction program resulting in no net
increase in storm peak flows up to the 25-year event. The City will require that
all new developments resulting in an increase of impervious surfaces provide
onsite detention facilities, unless the development is located adjacent to Fanno
Creek. For those developments adjacent to Fanno Creek, the storm water runoff
will be permitted to discharge without detention.
Small projects such as residential land partitions are not required to provide
onsite detention. A fee-in-lieu of construction of an on-site detention system will
be allowed.
Storm water runoff from the existing home is directed towards Edgewood Street.
There is not an adequate public storm sewer system in Edgewood Street;
therefore the applicant will only be allowed to discharge runoff from Parcel 1
towards Edgewood Street. Runoff from Parcels 2 & 3 will be collected on-site
and discharged into a storm sewer lateral at the south property line. This lateral
will be constructed with the McDonald Woods development.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments
adjoining proposed bikeways identified on the City's adopted
ENGINEERING COMMENTS MLP2005-00001 Teny Partition PAGE 6
pedestrian/bikeway plan shall include provisions for the future extension of
such bikeways through the dedication of easements or right-of-way.
Edgewood Street is not a bicycle facility.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those
required for electric, communication, lighting and cable television services
and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at
50,000 volts or above, and:
• The developer shall make all necessary arrangements with the serving
utility to provide the underground services;
• The City reserves the right to approve location of all surface mounted
facilities;
• All underground utilities, including sanitary sewers and storm drains
installed in streets by the developer, shall be constructed prior to the
surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing
the street improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states
that a developer shall pay a fee in-lieu of under-grounding costs when the
development is proposed to take place on a street where existing utilities
which are not underground will serve the development and the approval
authority determines that the cost and technical difficulty of under-
grounding the utilities oufinreighs the benefit of under-grounding in
conjunction with the development. The determination shall be on a case-
by-case basis. The most common, but not the only, such situation is a
short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground
utilities facilities. An applicant for a development which is served by
utilities which are not underground and which are located across a public
right-of-way from the applicant's property shall pay a fee in-lieu of under-
grounding.
There are existing overhead utility lines along the frontage of SW Edgewood
Street. If the fee in-lieu is proposed, it is equal to $ 35.00 per lineal foot of street
frontage that contains the overhead lines. The frontage along this site is 100
lineal feet; therefore the fee would be $ 3500.00.
ENGINEERING COMMENTS MLP2005-00001 Teny Partition PAGE 7
ADDITIONAL CITY AND10R AGENCY CONCERNS WITH STREET AND
UTILITY IMPROVEMENT STANDARDS:
Public Water Svstem:
The City of Tigard Water Department provides service in this area. There is an
existing water line located in Edgewood Street. The applicant indicates two new
1-inch water meters to serve this development.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM)
regulations established by Clean Water Services (CWS) Design and
Construction Standards (adopted by Resolution and Order No. 00-7) which
require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100
percent of the storm water runoff generated from newly created impervious
surtaces. In addition, a maintenance plan shall be submitted indicating the
frequency and method to be used in keeping the facility maintained
through the year.
The CWS standards include a provision that would exclude small projects such
as residential land partitions. It would be impractical to require an on-site water
quality facility to accommodate treatment of the storm water from Parcel 1.
Rather, the CWS standards provide that applicants should pay a fee in-lieu of
constructing a facility if deemed appropriate. Staff recommends payment of the
fee in-lieu on this application.
Grading and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to
reduce the amount of sediment and other pollutants reaching the public
storm and surface water system resulting from development, construction,
grading, excavating, clearing, and any other activity which accelerates
erosion. Per CWS regulations, the applicant is required to submit an
erosion control plan for City review and approval prior to issuance of City
permits.
The Federal Clean Water Act requires that a National Pollutant Discharge
Elimination System (NPDES) erosion control permit be issued for any
development that will disturb one or more acre of land. Since this site is
over five acres, the developer will be required to obtain an NPDES permit
ENGINEERING COMMENTS MLP2005-00001 Teny Partition PAGE 8
from the City prior to construction. This permit will be issued along with
the site and/or building permit.
A final grading plan shall be submitted showing the existing and proposed contours.
The plan shall detail the provisions for surFace drainage of all lots, and show that
they will be graded to insure that surface drainage is directed to the street or a
public storm drainage system approved by the Engineering Department. For
situations where the back portions of lots drain away from a street and toward
adjacent lots, appropriate private storm drainage lines shall be provided to
sufficiently contain and convey runoff from each lot.
Address Assiqnments:
The City of Tigard is responsible for assigning addresses for parcels within the
City of Tigard and within the Urban Service Boundary (USB). An addressing fee
in the amount of$ 50.00 per address shall be assessed. This fee shall be paid to
the City prior to final plat approval.
Survev Requirements
The applicanYs final plat shall contain State Plane Coordinates [NAD 83 (91)] on
two monuments with a tie to the City's global positioning system (GPS) geodetic
control network (GC 22). These monuments shall be on the same line and shall be
of the same precision as required for the subdivision plat boundary. Along with the
coordinates, the plat shall contain the scale factor to convert ground measurements
to grid measurements and the angle from north to grid north. These coordinates
can be established by:
• GPS tie nefinrorked to the City's GPS survey.
• By random traverse using conventional surveying methods.
In addition, the applicanYs as-built drawings shall be tied to the GPS network.
The applicanYs engineer shall provide the City with an electronic file with points
for each structure (manholes, catch basins, water valves, hydrants and other
water system features) in the development, and their respective X and Y State
Plane Coordinates, referenced to NAD 83 (91).
ENGINEERING COMMENTS MLP2005-00001 Teny Partition PAGE 9
Recommendations:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
APPROVAL OF THE FINAL PLAT:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
. A Public Facility Improvement (PFI) permit is required for this project to
cover driveway aprons and any other work in the public right-of-way. Six (6)
sets of detailed public improvement plans shall be submitted for review to
the Engineering Department. NOTE: these plans are in addition to any
drawings required by the Building Division and should only include sheets
relevant to public improvements. Public Facility Improvement (PFI) permit
plans shall conform to City of Tigard Public Improvement Design Standards,
which are available at City Hall and the City's web page
(www.ci.tiqard.or.us).
. The PFI permit plan submittal shall include the exact legal name, address
and telephone number of the individual or corporate entity who will be
designated as the "Permittee", and who will provide the financial assurance
for the public improvements. For example, specify if the entity is a
corporation, limited partnership, LLC, etc. Also specify the state within which
the entity is incorporated and provide the name of the corporate contact
person. Failure to provide accurate information to the Engineering
Department will delay processing of project documents.
. Prior to approval of the final plat, the applicant's engineer shall provide final
sight distance certification for proposed and existing driveways.
. The applicant shall provide a construction vehicle access and parking plan
for approval by the City Engineer. The purpose of this plan is for parking
and traffic control during the public improvement construction phase. All
construction vehicle parking shall be provided on-site. No construction
vehicles or equipment will be permitted to park on the adjoining residential
public streets. Construction vehicles include the vehicles of any contractor
or subcontractor involved in the construction of site improvements or
buildings proposed by this application, and shall include the vehicles of all
suppliers and employees associated with the project.
. Prior to final plat approval, the applicant shall pay the addressing fee.
(STAFF CONTACT: Shirley Treat, Engineering).
ENGINEERING COMMENTS MLP2005-00001 Teny Partition PAGE 10
. The applicant shall execute a Restrictive Covenant whereby they agree to
complete or participate in the future improvements of SW Edgewood Street
adjacent to the subject property, when any of the following events occur:
A. when the improvements are part of a larger project to be financed or
paid for by the formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or
paid for in whole or in part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed
by a third party and involves the sharing of design and/or construction
expenses by the third party owner(s) of property in addition to the
subject property, or
D. when construction of the improvements is deemed to be appropriate
by the City Engineer in conjunction with construction of improvements
by others adjacent to the subject site.
. 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.
. The applicant shall provide connection of proposed parcels to the public
sanitary sewerage system. A connection permit is required to connect to the
existing public sanitary sewer system. The sewer reimbursement fee must
be paid prior to issuance of the PFI permit.
. The applicant shall either place the existing overhead utility lines along SW
Edgewood Street underground as a part of this project, or they shall pay the
fee in-lieu of undergrounding. The fee shall be calculated by the frontage of
the site that is parallel to the utility lines and will be $ 35.00 per lineal foot. If
the fee option is chosen, the amount will be $ 3500.00 and it shall be paid
prior to final plat approval.
. Any extension of public water lines shall be shown on the proposed Public
Facility Improvement (PFI) permit construction drawings and shall be
reviewed and approved by the City's Water Department, as a part of the
Engineering Department plan review. NOTE: An estimated 12% of the
water system costs must be on deposit with the Water Department prior to
approval of the PFI permit plans from the Engineering Department and
construction of public water lines.
. An erosion control plan shall be provided as part of the Public Facility
Improvement (PFI) permit drawings. The plan shall conform to the "Erosion
Prevention and Sediment Control Design and Planning Manual, February
2003 edition."
ENGINEERING COMMENTS MLP2005-00001 Teny Partition PAGE 11
. The applicant's final plat shall contain State Plane Coordinates on two
monuments with a tie to the City's global positioning system (GPS) geodetic
control network (GC 22). These monuments shall be on the same line and
shall be of the same precision as required for the subdivision plat boundary.
Along with the coordinates, the plat shall contain the scale factor to convert
ground measurements to grid measurements and the angle from north to
grid north. These coordinates can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared
by a land surveyor licensed to practice in Oregon, and necessary data or
narrative.
B. Attach a check in the amount of the current final plat review fee
(Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext.
2421).
C. The final plat and data or narrative shall be drawn to the minimum
standards set forth by the Oregon Revised Statutes (ORS 92.05),
Washington County, and by the City of Tigard.
D. The right-of-way dedication for Edgewood Street shall be made on
the final plat. The dedication shall provide for 27 feet of ROW from
centerline.
E. NOTE: Washington County will not begin their review of the final plat
until they receive notice from the Engineering Department indicating that the
City has reviewed the final plat and submitted comments to the applicant's
surveyor.
F. After the City and County have reviewed the final plat, submit two mylar
copies of the final plat for City Engineer signature (for partitions), or City
Engineer and Community Development Director signatures (for
subdivisions).
ENGINEERING COMMENTS MLP2005-00001 Teny Partition PAGE 12
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
ISSUANCE OF BUILDING PERMITS:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
. Prior to issuance of building permits, the applicant shall provide the
Engineering Department with a "photomylar" copy of the recorded final plat.
. Prior to issuance of building permits the applicant shall complete any work in
the public right-of-way (or public easement) and obtain approval from the
Engineering Department.
. During issuance of the building permit for Parcels 1 & 3, the applicant shall
pay the standard water quality and water quantity fees per lot (fee amounts
will be the latest approved by CWS).
ENGINEERING COMMENTS MLP2005-00001 Teny Partition PAGE 13
r •
REQUEST FOR COMMEN CITYOFTI(iARD
('ommunity�1�eceCopmettt
5hapingA Better Community
DATE: August 30,2005
T0: PER QTTACHED
FROM: City of Ti9ard Plannin9 Di�ision
STAFF CONTACT: Mathew Scheidegger,Associate Planner[x243A
Phone: [5031639-4111/Fax: [5031684-1291
➢ TENY PARTITION Q
MINOR LAND PARTITION (MLP) 2005-0000 I/ADJUSTMENT (VAR) 2005-00052
REQUEST: The applicant is requesting Minor Land Partition approval to perform a three-lot partition on
a parcel of land containing approximately .72 acres. This partition will create Parcel #1 with
approximately 7,810 square feet, Parcel #2 with 9,156 square feet, and Parcel #3 with 10,600 square
feet. The applicant has also applied for an Adjustment to not construct a fire apparatus turn around, but
instead sprinkle the future house on proposed Parcel #3. LOCATION: 9200 SW Edgewood Street;
WCTM 2S102DC, Tax Lot 1700. COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential
District. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is desi�ned to
accommodate detached single-family homes with or without accessory residential units at a minimum
lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally.
Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725,
18.745, 18.765, 18.790, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a
decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: SEPTEMBER 13. 2005. You may use the space provided below or attach a separate letter to return
your comments. If vou are unable to respond bv the above date, please phone the staff contact noted above with your
comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning
Division, 13125 SW Hall Blvd., Tigard, OR 97223. �
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We have reviewed the proposal and have no objections to it.
_ Please contact of our office.
_ Please refer to the enclosed letter.
_ Written comments provided below:
Name 8� Number of Person Commenting:
r �-
CITY OF TIGARD REQUEST FOR COMMENTS
NOTIFICAI LIST FOR LAND USE & COMMUNITY D, .OPMENT APPLICATIONS
FILE NOS.: � C/'- %.� CG�C>/ FILE NAME: %�L�I / �'T����1
CITIZEN INVOLYEMENT TEAMS
14-DAY PENDING APPLICATION NOTICE TOINTERESTED PARTIES OF AREA: ❑Central ❑East ❑South �West
CITY OFRCES
�LONG RANGE PLANNING/Barbara Shields,Planning Mgr. COMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. h POLICE DEPT./Jim Wolf,Crime Prevention Officer
BUILDING DIVISIONIGary Lampella,Building OHicial �ENGINEERING DEPTJKim McMillan,Dvlpmnt Revlew Engineer�PUBUC WORKS/Matt Stine,Urban Forester
CI7Y ADMINISTRATIOWCathy Wheatley,Cdy Recorder PUBLIC WORKSIRob Murchison,Project Engineer
�/PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEAiF10 BUSINESS OAYS PRIOR TO THE PUBLIC HEARING!
SPECIAL DISTRICTS
_ TUAL.HIILS PARK 8 REC.DIST.+M�TUALATIN VALLEY FIRE 8 RESCUE+► TUALATIN VALLEY WATER DISTRICT��CLEANWATER SERVICES•
Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program
15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue
BeaveRon,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124
LOCAL AND STATE IURISDICTIONS
CITY OF BEAVERTON� _ CITY OF TUALATIN � OR.DEPT.OF FISH 8 WILDLIFE OR.DIV.OF STATE LANDS
_ Planning Manager Planning Manager 3406 Cherry Avenue NE Melinda Wood�w�uN Fo�,�,neQ��2a>
_ Steven Sparks,Dev Svcs Manager 18880 SW Martinazzi Avenue Salem,OR 97303 775 Summer Street NE,Suite 100
PO Box 4755 Tualatin,OR 97062 Salem,OR 97301-1279
Beaverton,OR 97076
_ OR.PUB.UTILITIES COMM.
METRO-LAND USE 8 PLANNING � _OR.DEPT.OF GEO.8 MINERAL IND. 550 Capitol Street NE
_ CITY OF DURHAM �R 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380
City Manager Portland,OR 97232-2736 Portland,OR 97232
PO Box 23483 _ BOb Krlight,oata Reso��ce center�zcn� US ARMY CORPS.OF ENG.
Durham,OR 97281-3483 _ Paulette Allen,c�o�nn Me����o�coom��e�o� OR.DEPT.OF LAND CONSERV.&DVLP Kathryn Harris tMeos a cws�e�ro�o�iy�
_ MEI HUIE,GreenspecesCoordinator(CPA/ZOA) LBffy Ff2f1CI1(COmp PlanAmentlmeNSOnly) Routing CENWP-OP-G
CITY OF KING CITY� _ Jennifer Budhabhatti,Reqional Planner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946
City Manager _ C.D.Manager,Growl�Management Services Salem,OR 97301-2540 Portland,OR 97208-2946
15300 SW 116th Avenue
King City,OR 97224 WASHINGTON COUNTY �
_ OR.DEPT.OF ENERGY 1Power�ines in n�ea� OR.DEPT OF AVIATION�rno�ovoie To��i Dept.of Land Use 8 Transp.
Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue
CITY OF LAKE OSWEGO �R Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350, MS 13
Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124
PO Box 369 Portland,OR 97208-3621 St2V@ COf1W8y(GeneralApps.)
Lake Oswego,OR 97034 Gregg Leion ccan�
_ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 � Brent CurtiS ccPn>
CITY OF PORTLAND (NOtity for WetlanES ana Potenlial Environmental Impads) Grant Robinson,Development Rehew Coortlmator poria Mateja acn>Ms,e
Planning Bureau Director Regional Administrator Carl Torland, Right-of-Way Section cva�oo�5> _Sr.Cartographer,�P��„MS,<
1900 SW 4�h Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims�SUfVEY0f�2Crl)M515
Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037
WA.CO.CONSOL.COMM.AGNCY ODOT,REGION 1 -DISTRICT 2A� _ODOT,RAIL DIVISION STATE HISTORIC
Dave Austin�wcccn��•s„°,�a,a..�..., Sam Hunaidi,Asslslant Dis�nct Manager (Notify i/ODOT R!R-Hwy.Crossiny is Only Access to Und) PRESERVATION OFFICE
PO Box 6375 6000 SW Raab Road Dave Lanning,s�cro55��9 sare�r sc�Ga��� (NOtify il Property Has HD OveAay)
Beaverton,OR 97007-0375 Portland,OR 97221 555-13'"Street.NE.Suite 3 1115 Commercial Street,NE
Salem.OR 97301-4179 Salem,OR 97301-1012
UTILITY PROVIDERS AND SPECIAL A6ENCIES
PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(eurimgton NortherNSanta Fe RIR Predecassor)
Robert I.Melbo,President 8 General Manager
110 W. 10th Avenue
Albany,OR 97321
SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS COMCAST CABLE CORP. TRI-MET TRANSIT DVLPMT.
Clifford C.Cabe,Construction Engineer D@bf2 P81fllQf(nnne�ra�ions On�y) Randy Bice ���.oro�A���o�, (If Projed is Wrthin%Mile of a Transd Route)
5424 SE McLoughtin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner
Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street
Beaverton,OR 97006-4886 Portland,OR 97232
�PORTLAND GENERAL ELECTRIC X NW NATURAL GAS COMPANY VERIZON ,x QWEST COMMUNICATIONS
Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. David Bryant,Engineering Florence Mott, Eng. ROW Mgr.
9480 SW Boeckman Road 220 NW Second Avenue OR 030533/PO Box 1100 8021 SW Capitol Hill Rd,Rm 110
Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219
TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 COMCAST CABLE CORP. COMCAST CABLE COMMUNIC.
Marsha Butler,Administrative O�ces Jan Youngquist,Demographics Alex Silantiev,S�M.oro�Area�ama�o Diana Carpenter,A„SEo,�,��-NO��n
6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue
Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203
� INDICATES A�JTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANYIALL
CITr PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). r,:�patry�mas�ers�Requesc For Commer,ts Noc�t�cat�or,u5c doc (UPDATED 16-Aug-O5)
(Also update�.i:IcurplMsetupVlabelslannexation_utdities and franchlses.doc when updating this document)
, �,,.
REQUEST FOR COMMENTS CITYOfTIGARD
�'ommunity�Dec�e�opment
S�apingA�etter Community
DATE: August 30,2005
T0: lim Wolf,Tigard Police Department Crime Prevention Officer
FROM: City of Ti9ard Planning Division
STAFF CONTACT: Mathew Scheidegger,Associate Planner[x243T1
Phone: [5031639-41]1/Fax: [5031684-1297
➢ TENY PARTITION Q
MINOR LAND PARTITION (MLP) 2005-OOOOI/ADJUSTMENT (VAR) 2005-00052
REQUEST: The applicant is requesting Minor Land Partition approval to perForm a three-lot partition on
a parcel of land containing approximately .72 acres. This partition will create Parcel #1 with
approximately 7,810 square feet, Parcel #2 with 9,156 square feet, and Parcel #3 with 10,600 square
feet. The applicant has also applied for an Adjustment to not construct a fire apparatus turn around, but
instead sprinkle the future house on proposed Parcel #3. LOCATION: 9200 SW Edgewood Street;
WCTM 2S102DC, Tax Lot 1700. COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential
District. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at a minimum
lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally.
Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA:
Community DeveloPment Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725,
18.745, 18.765, 18.790, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a
decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: SEPTEMBER 13, 2005': You may use the space provided below or attach a separate letter to return
your comments. If vou are unable to respond bv the above date, please phone the staff contact noted above with your
comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning
Division, 13125 SW Hall Blvd., Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
T Written comments provided below:
�q�i5t o�(o�IG� h+l �trf�v�o�eV'�C c'X� ^Mbhvmtant vhrnr��( a'� �ae'r oF ,p(�Ja'CQ d1<�V eu�.M
\eo��rq o�f ���uood� `yt-• ��tirk��yihy -� hou� n��nbwls � �1o�q 1al�
�
Name& Number of Person Commenting: �,��� -l`g,�1
REQUEST FOR COMMENTS CITYOFTIGARD
Community�UrveCopment
ShapingA BetterCommunity
DATE: August 30,2005
T0: Mark Vandomelen,Residential Plans Examiner
FROM: CitY of Tigard Planning Division
STAFF CONTACT: Mathew Scheide9ger,Associate Planner[x2431]
Phone: (5031639-4171/Fax: [5031684-1291
➢ TENY PARTITION Q
MINOR LAND PARTITION (MLP) 2005-OOOOI/ADJUSTMENT (VAR) 2005-00052
REQUEST: The applicant is requesting Minor Land Partition approval to perform a three-lot partition on
a parcel of land containing approximately .72 acres. This partition will create Parcel #1 with
approximately 7,810 square feet, Parcel #2 with 9,156 square feet, and Parcel #3 with 10,600 square
feet. The applicant has also applied for an Adjustment to not construct a fire apparatus turn around, but
instead sprinkle the future house on proposed Parcel #3. LOCATION: 9200 SW Edgewood Street;
WCTM 2S102DC, Tax Lot 1700. COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential
District. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is desi�ned to
accommodate detached single-family homes with or without accessory residential units at a minimum
lot size of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally.
Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725,
18.745, 18.765, 18.790, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and ApplicanYs Information for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a
decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: SEPTEMBER 13, 2005. You may use the space provided below or attach a separate letter to return
your comments. If vou are unable to respond bv the above date, please phone the staff contact noted above with your
comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning
Division, 13125 SW Hall Blvd., Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
�� We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
_ Written comments provided below:
�UCi F �rC.A�►� A G/ �m _D STc.erf_ �+�L�� �3f.. �4fLe.a�/�.D +�Y
�.L�i i.t�c�/L_ '�L ..�., ��Lk�� c T ���
Name& Number of Person Commenting:
.�p-
_ . ✓
September 8, 2005
��Z'lG�,���'�> S �-C-'�'�`� !
City of Tigard -�����y E�
13125 SW Hall Blvd ,�� U 8 200
Tigard, OR 97223 J�
Att: Mathew Scheidegger '�TYpy�
Planning Division �¢��������p ,;;
RE: File Name—Teny Partition
Dear Mr. Scheidegger:
Thank you for the recent notification of the Teny Partition. I had heard rumors there was going to be some
sort of development but hadn't seen anything official.
The notification addresses the zoning and mentions, "Duplexes and attached single-family units are
permitted conditionally." I invite you to drive down our street and visit our community! You will find no
duplexes or zero lot line homes. Also, note that the nearest cross-street"O'Mara" , which the city has
improved to accommodate heavier car and foot traffic, doesn't have duplexes or attached single-family
units, and it's a speed zone of 25 "Strictly Enforced".
Our street has several half acre and acre lots, with single-family homes. Also, two neighbors still have
chickens and one had a horse until just recently. The street is not improved, does not have sidewalks and
the city has only one streetlight on it. We love our neighbors as most of them are retired, or near
retirement, which makes for a quiet community. All these elements make this neighborhood a rarity so
close to city hall and the new library.
Allowing duplexes or attached single-family units would increase the street traffic, noise level, police and
emergency calls, and lower the property values of the entire neighborhood. Simply put, the street isn't
ready for the volume of traffic O'Mara gets, or the volume multi-family or rentals would bring right now.
We are just now getting City Sewer! We would need a street improvement project to make that happen.
"Would allowing duplexes or attached single family units be the highest and best use of the land?"
Please resist the temptation to make your determination based on revenue for the city and consider the
long-term ramifications of allowing "Multi-Family"units on this street. If property values stay high, so
will property values and taxes!
I realize our street won't be innocent and safe forever, but please put money aside and do the right thing for
our neighborhood and the city. Don't allow rentals on our street and keep it to single-family homes only.
Sincerely,
r--_. , ���)
f �I����'�� C��l�
�__--
April Sabbe
Home Owner
9175 SW Edgewood St
Tigard, OR 97223
(503) 639-4443 �
- — _ - - � . _
Matt Scheidegger-Teny Parti{.�on Page
-- -�-
� � ��
` . �I
From: "�onniebee" <bonniebee@mailstation.com>
To: <Matts@ci.tigard.or.us>
Date: 9/8/2005 7:03:02 PM
Subject: Teny Partition
September 9, 2005
Re: File Numbers: Minor Land Partition 2005-00001
Adjustment(Var) 2005-00052
File Name: Teny Partition
Location: 9200 SW Edgewood St.
WCTM 2S102DC, Tax Lot 1700
As residents on Edgewood St., we would like to voice our concerns about the development of the above
property.
Our understanding is that all these residences will be rentals and that one of them will be a duplex.
One of our concerns is that Edgewood St. is predominantly single-family-owned homes, rather than
rentals. Rentals will increase the traffic, and the street is not developed for such traffic.
Our observation is that rentals are not maintained in the same manner that single-family-owned homes
are. This neighborhood has been well-maintained. We have lived at this residence for 33 years.
Your consideration of these matters will be greatly appreciated.
Sincerely,
Robert and Bonnie Bunger
9215 SW Edgewood Street
Tigard, OR 97223
bonniebee@mailstation.com
503-639-4825
FIDAVIT OF MAILING CITYOFTIGARD
Car:�nuriity�Devek�pr�:er:t
ShapingA BetterCommunity
I, �Pat�icia G Gu�d, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdminrstrative SpeciaGst for
the �`ity of 7'�gar til/askington County, Oregme and that I served the following:
(Check Appropnate Box(s)Below}
0 NOTICE OF PENDIN6 LAND USE APPLICATION fOR: MLP2005-OOOOI/YAR1005-00052 — TENY PARTITION
� AMENDED NOTICE (File No./Name Reference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Ef(hldlt"A",and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Exhibit"B",and by reference made a part
hereof, on Au9ust 30,2005, and deposited in the United States Mail on A11911S[30,2005, postage prepaid.
-�' l '
(Person that d Notice)
,S7y1�E OF O�E�ON
C�'ity o�7`rgard Trngton )ss
2� �
Subscribed and sworn/affirmed before me on the o� � day of _ (�( /_L. , 2005.
��; .�ri. oFFic�,�s�� _
�("r;���,,, � SUF POSS
�.;. ;�J P''�TARYPUBLIC �Rr''f�N
`�'-� ��:�MMISSION N0.375152
C",'CO""MI�S'QN IXPIRES DEC.1,2007
�- - �...__ � ission Expires: �02 �����
' " EXHIBITa
NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER:
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
NOTICE OF PENDING LAND USE APPLICATION CITYOFTIGARD
MINOR LAND PARTITION shap n��'��t r`�:ommunity
DATE OF NOTICE: August 30, 2005
FILE NUMBERS: MINOR LAND PARTITION (MLP) 2005-000�I
ADJUSTMENT (VAR) 2005-00052
FILE NAME: TENY PARTITION
PROPOSAL: The applicant is requesting Minor Land Partition approvai to perform a three-lot partition on
a parcel of land containing approximately .72 acres. This partition will create Parcel #1 with
approximately 7,810 square feet, Parcel #2 with 9,156 square feet, and Parcel #3 with
10,600 square feet. The applicant has also applied for an Adjustment to not construct a fire
apparatus turn around, but instead sprinkle the future house on proposed Parcel #3.
ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at
a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are
permitted conditionally. Some civic and institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715,
18.725, 18.745, 18.765, 18.790, 18.795 and 18.810.
LOCATION: 9200 SW Edgewood Street; WCTM 2S102DC, Tax Lot 1700.
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS:
Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to
submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT
5:00 PM �N SEPTEMBER 13, 2005. All comments should be directed to Mathew Scheideqqer, Associate Planner
in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the
City of Tigard by telephone at 503-639-4171 or by email to Matts(c�ci.tiqard.or.us.
ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE
SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS.
THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS
WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE
IS TENTATIVELY SCHEDULED FOR SEPTEMBER 22, 2005. IF YOU PROVIDE COMMENTS, YOU WILL BE
SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED.
WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL
CONTAIN THE FOLLOWING INFORMATION:
, . �
. Address the specific "Applica.,ie Review Criteria" described in the section above or any other criteria l
believed to be applicable to this proposal;
. Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to
provide a response;
. Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant
approval criteria with sufficient specificity on that issue.
Failure of any party to address the relevant approval criteria with sufficient specificity may preclude
subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings
directed at the relevant approval criteria are what constitute relevant evidence.
AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE
DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN
500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE
ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED
UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH
CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION.
SUMMARY OF THE DECISION-MAKING PROCESS:
. The application is accepted by the City
. Notice is sent to property owners of record within 500 feet of the proposed development area allowing a
14-day written comment period.
. The application is reviewed by City Staff and affected agencies.
. City Staff issues a written decision.
. Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all
owners of record of property located within 500 feet of the site, as shown on the most recent property tax
assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any
governmental agency which is entitled to notice under an intergovernmental agreement entered into with the
City which includes provision for such notice or anyone who is otherwise entitled to such notice.
INFORMATION/EVIDENCE AVAILABLE FOR REVIEW:
The application, written comments and supporting documents relied upon by the Director to make this decision are
contained within the record and are available for public review at the City of Tigard Community Development
Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this
service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of
this Notice under the section titled "Your Right to Provide Written Comments."
vw�nr rw
MLP2005-00001
� VAR2005-00052
TENY PARTITION
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2S102DC-00503 2S102DC-00405
ABBOTT TERRY A&LAURIE J FISHER ANTHONY C
8995 SW EDGEWOOD ST 1300 GLENMORRIE DR
TIGARD,OR 97223 LAKE OSWEGO,OR 97034
2S102DC-00101 2S102DC-00302
BAILEY�AWRENCE E II/ROSELLA K FISHER ANTHONY C
9355 SW EDGEWOOD ST 1300 GLENMORRIE DR
TIGARD, OR 97223 LAKE OSWEGO,OR 97034
2S102DC-00400 25102DC-00502
BOTHWELL ANNE M FULLER ROBERT E AND
9265 SW EDGEWOOD ST DONNA M
TIGARD,OR 97223 9130 SW OMARA ST
TIGARD,OR 97223
2S102DC-00402 2S102DC-01800
BUNGER ROBERT MANFRED& GEDNEY FRAYNIE M TRUSTEE
BONNIE JEAN TRUSTEES 9400 SW PANORAMA PL
9215 SW EDGEWOOD ST PORTLAND, OR 97225
TIGARD,OR 97223
2S 102 DC-01500 2S 102 DC-00200
CALDWELL KIMBERLY D GEOFFROY DOUGLAS B
PO BOX 1756 9325 SW EDGEWOOD
HILLSBORO,OR 97123 TIGARD,OR 97223
2S 7 02 DC-01603 2S 102 DC-02001
CLARK PAUL E BETTY J GETSINGER EVELYN M FAMILY TRUST
9160 SW EDGEWOOD BY GETSINGER EVELYN M TR
TIGARD,OR 97223 9400 SW EDGEWOOD
TIGARD,OR 97223
2sioz�c-oaso� zsiozoc-o�soi
CRANDALL PRISCILLA J GILCHRIST EARL J NONA
9270 SW OMARA ST 9100 SW EDGEWOOD ST
TIGARD,OR 97223 TIGARD,OR 97223
2S111A8-00400 2S102DC-02200
DITTY JOSEPH MICHAEL& HENNINGSEN AGNER TRUSTEE
PAMELA J 9295 SW MCDONALD
9100 SW MCDONALD TIGARD,OR 97223
TIGARD,OR 97224
2S102DC-00512 2S102DC-00508
EARDLEY DIANNE & HODAPP ELDON J&JUDITH L
MCLOUGHLIN STUART 9210 SW OMARA ST
PO BOX 91278 TIGARD,OR 97223
PORTLAND, OR 97291
2s�ozoc-ooioo 2siiiAS-oosoo
FIELDS STEPHEN&CHRISTINE A HOLM JAMES H&
9370 SW OMARA ST WILSON KRISTEN L
TIGARD,OR 97223 9150 SW MCDONALD ST
TIGARD,OR 97224
2S102DC-01400 2S102DC-00506
HURLBUTT WILLIAM M&CHRISTINE MUELLER ROLF K&NANCY J
8990 SW EDGEWOOD ST 9190 SW OMARA ST
TIGARD,OR 97223 TIGARD,OR 97223
2S102DC-020D0 2S111A8-00800
KANDZIORA GABRIELA OGBURN HELENE N
PO BOX 231195 14080 SW 93RD AVE
PORTLAND, OR 97281 TIGARD,OR 97224
2S102DC-00403 2S111AB-00900
KING SCOTT G&ELIZABETH A OGBURN HELENE N
9235 SW EDGEWOOD ST 14080 SW 93RD AVE
TIGARD, OR 97223 TIGARD,OR 97224
2S102DC-00510 2S111A8-00700
LARSEN PAUL ANDREW AND OGBURN HELENE N
LORI MEG 14080 SW 93RD AVE
9115 SW EDGEWOOD TIGARD,OR 97224
TIGARD,OR 97224
2siaz�c-ooso� 2sio2oc-oosos
LARVIK KENNETH E& OTT GARETH S ANNE
NYOKA W TRUSTEES 9055 SW EDGEWOOD
9155 SW EDGEWOOD ST TIGARD,OR 97223
TIGARD,OR 97223
2S111AB-00501 2S102DC-01501
MAGLALANG JOSEPH V&FORTUNATA PALMER MARCIA R
1396 SE 65TH 9070 SW EDGEWOOD ST
HILL5BOR0, OR 97123 TIGARD,OR 97223
2S102DC-02300 2S102DC-02500
MAWHIRTER ARLIE L&IRENE TRS RATALSKY MATTHEW A 8 JEAN S
13960 SW 100TH AVE 8985 SW MCDONALD ST
TIGARD,OR 97223 TIGARD,OR 97224
2S102DC-00300 2S102DC-00202
MILLER SHANE A&MICHELE L ROUSSE ARNOLD WILLIAM
9220 SW O'MARA ST 9320 SW OMARA ST
TIGARD, OR 97223 TIGARD,OR 97223
2S102CD-04600 2S102DC-00505
MITCHELL CARL R SABBE REMI&APRIL
9435 SW EDGEWOOD ST 9175 SW EOGEWOOD ST
TIGARD,OR 97223 TIGARD,OR 97223
2S 102C D-04700 2S 102 DC-00500
MITCHELL MICHAEL H SCHMIDT JOHN G 8
9405 SW EDGEWOOD DEBORAH S
TIGARD, OR 97223 9000 SW OMARA ST
TIGARD,OR 97223
2S111A6-03200 ' zs�o2oc-oosii
SCHWARZER GERTRUD E&PETER H YEDINAK MARTIN J 8 CHRISTINE G
TRUSTEES 9090 SW OMARA
9330 SW MCDONALD TIGARD,OR 97223
TIGARD,OR 97224-5932
2 S 102 DC-01900
George Teny
SIMMONS STEVEN CRAIG& 6685 SW Sa ert St. #7
JOELLE LOUISE �
16308 SW CROMWELL CT Tualatin, OR 97062
TIGARD,OR 97223
2S102DC-00501 Wally Miller
SULLIVAN RICHARD A&SUZANNE P 305 SW 144th Avenue
9085 SW EDGEWOOD Beaverton, OR 97006
TIGARD, OR 97224
2S102DC-01700
TENY GEORGE&JENNA
9200 SW EDGEWOOD ST
TIGARD,OR 97223
2 S 102 DC-0250 7
VENZKE THOMAS&
BRYANT REBECCA
8989 SW MCDONALD ST
TIGARD, OR 97223
2S102DC-00404
WACHSMUTH LOUIS J 8�
CAROLE M TRUSTEES
9285 SW EDGEWOOD
TIGARD,OR 97223
2S111AB-00300
WALSH MICHAEL E KATHY E
9080 SW MCDONALD ST
TIGARD, OR 97223
2S111A8-00302
WALSH MICHAEL E KATHY E
9080 SW MCDONALD ST
TIGARD,OR 97223
2S102DC-02400
WINDRIDGE HOMES INC
11401 NW SKYLINE BLVD
PORTLAND,OR 97231
2S102DC-02100
WOODLAND HEIGHTS LLC
26 BECKET ST
LAKE OSWEGO,OR 97035
Josh Thomas Gretchen Buehner
10395 SW Bonanza 13249 SW 136th Place
Tigard, OR 97224 Tigard, OR 97224
Kristen Miller
8940 SW Edgewood Street
Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Tim Esau
PO Box 230695
Tigard, OR 97281
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Joseph Dyar
10285 SW Highland Drive
Tigard, OR 97224-4668
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CITY OF TIGARD - SOUTN INTERESTED PARTIES (pg. I of I) (i:lcurpin\setupllabelslClT South.doc) UPDATED: 12-May-05
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Information on this mep is(or general location only and
W - should be verifed vnth Ihe Developnent Services Division.
- — - � 13125 SW Hall Blvd
---- ELROSE CT �" Tiyard,OR 97223
--__ I -- Q (5031639-4171
http:!lw�w ci.liqaM.or.ua
'Community Development Plot date:Jun 28,2005;C:lmagiclMAGIC03.APR
2 S 102 DC-00503 2S 102DC-00405
ABBOTT TERRY A 8 LAURIE J FISHER ANTHONY C
8995 SW EDGEWOOD ST 1300 GLENMORRIE DR
TIGARD, OR 97223 LAKE OSWEGO,OR 97034
2S 102 DC-00101 2S 102DC-00302
BAILEY LAWRENCE E II/ROSELLA K FISHER ANTHONY C
9355 SW EDGEWOOD ST 1300 GLENMORRIE DR
TIGARD,OR 97223 LAKE OSWEGO,OR 97034
2 S 102 DC-00400 2S 7 02 DC-00502
BOTHWELL ANNE M FULLER ROBERT E AND
9265 SW EDGEWOOD ST DONNA M
TIGARD,OR 97223 9130 SW OMARA ST
TIGARD,OR 97223
25102DC-00402 2S102DC-01800
BUNGER ROBERT MANFRED 8� GEDNEY FRAYNIE M TRUSTEE
BONNIE JEAN TRUSTEES 9400 SW PANORAMA PL
9215 SW EDGEWOOD ST PORTLAND,OR 97225
TIGARD,OR 97223
2sio2oc-oisoo zs�ozoc-oozoo
CALDWELL KIMBERLY D GEOFFROY DOUGLAS B
PO BOX 1756 9325 SW EDGEWOOD
HILLSBORO,OR 97123 TIGARD,OR 97223
2 S 102DC-01603 2S 7 02 DC-02001
CLARK PAUL E BETTY J GETSINGER EVELYN M FAMILY TRUST
9160 SW EDGEWOOD BY GETSINGER EVELYN M TR
TIGARD,OR 97223 9400 SW EDGEWOOD
TIGARD,OR 97223
2S102DC-00301 2S102DC-D1601
CRANDALL PRISCILLA J GILCHRIST EARL J NONA
9270 SW OMARA ST 9100 SW EDGEWOOD ST
TIGARD,OR 97223 TIGARD,OR 97223
2S 111 AB-00400 2S 102 DC-02200
DITTY JOSEPH MICHAEL& HENNINGSEN AGNER TRUSTEE
PAMELA J 9295 SW MCDONALD
9100 SW MCDONALD TIGARD,OR 97223
TIGARD,OR 97224
2S102DC-00512 2S102DC-00508
EARDLEY DIANNE 8 HODAPP ELDON J&JUDITH L
MCLOUGHLIN STUART 9210 SW OMARA ST
PO BOX 91278 TIGARD,OR 97223
PORTLAND, OR 97291
2S102DC-00100 2S111AB-00500
FIELDS STEPHEN&CHRISTINE A HOLM JAMES H&
9370 SW OMARA ST WILSON KRISTEN L
TIGARD,OR 97223 9150 SW MCDONALD ST
TIGARD,OR 97224
2S102DC-01400 2S102DC-00506
HURLBUTT WILLIAM M&CHRISTINE MUELLER ROLF K 8 NANCY J
8990 SW EDGEWOOD ST 9190 SW OMARA ST
TIGARD, OR 97223 TIGARD,OR 97223
2S102DC-02000 25111AB-00800
KANDZIORA GABRIELA OGBURN HELENE N
PO BOX 231195 14080 SW 93RD AVE
PORTLAND, OR 97281 TIGARD,OR 97224
2S102DC-00403 2S111A6-00900
KING SCOTT G&ELIZABETH A OGBURN HELENE N
9235 SW EDGEWOOD ST 14080 SW 93RD AVE
TIGARD,OR 97223 TIGARD,OR 97224
2S102DC-00510 2S111A8-00700
LARSEN PAUL ANDREW AND OGBURN HELENE N
LORI MEG 14080 SW 93RD AVE
9115 SW EDGEWOOD TIGARD,OR 97224
TIGARD, OR 97224
2S 7 02 DC-00507 2 S 102 DC-00509
LARVIK KENNETH E& OTT GARETH S ANNE
NYOKA W TRUSTEES 9055 SW EDGEWOOD
9155 SW EDGEWOOD ST TIGARD,OR 97223
TIGARD, OR 97223
2 S 111 AB-00501 2 S 102 DC-01501
MAGLALANG JOSEPH V&FORTUNATA PALMER MARCIA R
1396 SE 65TH 9070 SW EDGEWOOD ST
HILLSBORO,OR 97123 TIGARD,OR 97223
2S102DC-02300 2S102DC-02500
MAWHIRTER ARLIE L 8 IRENE TRS RATALSKY MATTHEW A&JEAN S
13960 SW 100TH AVE 8985 SW MCDONALD ST
TIGARD, OR 97223 TIGARD,OR 97224
2S 102 DC-D0300 2S 102DC-00202
MILLER SHANE A&MICHELE L ROUSSE ARNOLD WILLIAM
9220 SW O'MARA ST 9320 SW OMARA ST
TIGARD,OR 97223 TIGARD,OR 97223
25102C D-04600 2S 102 DC-00505
MITCHELL CARL R SABBE REMI&APRIL
9435 SW EDGEWOOD ST 9175 SW EDGEWOOD ST
TIGARD,OR 97223 TIGARD,OR 97223
2S 102C D-04700 2S102 DC-00500
MITCHELL MICHAEL H SCHMIDT JOHN G&
9405 SW EDGEWOOD DEBORAH S
TIGARD,OR 97223 9000 SW OMARA ST
TIGARD,OR 97223
25111AB-03200 2S102DC-00511
SCHWARZER GERTRUD E&PETER H YEDINAK MARTIN J 8 CHRISTINE G
TRUSTEES 9090 SW OMARA
9330 SW MCDONALD TIGARD,OR 97223
TIGARD,OR 97224-5932
2S 102 DC-01900
SIMMONS STEVEN CRAIG&
JOELLE LOUISE
16308 SW CROMWELL CT
TIGARD,OR 97223
2S 7 02 DC-00501
SULLIVAN RICHARD A&SUZANNE P
9085 SW EDGEWOOD
TIGARD,OR 97224
2S102DC-0170D
TENY GEORGE&JENNA
9200 SW EDGEWOOD ST
TIGARD, OR 97223
2S102DC-02501
VENZKE THOMAS&
BRYANT REBECCA
8989 5W MCDONALD ST
TIGARD,OR 97223
2S102DC-00404
WACHSMUTH LOUIS J&
CAROLE M TRUSTEES
9285 SW EDGEWOOD
TIGARD,OR 97223
2S111AB-00300
WALSH MICHAEL E KATHY E
9080 SW MCDONALD ST
TIGARD,OR 97223
2s���,as-ooao2
WALSH MICHAEL E KATHY E
9080 SW MCDONALD ST
TIGARD, OR 97223
2S102DC-02400
WINDRIDGE HOMES INC
11401 NW SKYLINE BLVD
PORTLAND,OR 97231
2S 102 DC-02100
WOODLAND HEIGHTS LLC
26 BECKET ST
LAKE OSWEGO, OR 97035
Josh Thomas Gretchen Buehner
10395 SW Bonanza 13249 SW 136th Place
Tigard, OR 97224 Tigard, OR 97224
Kristen Miller
8940 SW Edgewood Street
Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Tim Esau
PO Box 230695
Tigard, OR 97281
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Joseph Dyar
10285 SW Highland Drive
Tigard, OR 97224-4668
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CITY OF TIGARD - SOUTH INTERESTED PARTIES (pg. I oi I) (i:\curpinlsetup\labels\CIT South.doc) UPDATED: 12-May-05
CITY Of TIGARD
COMMUNITY DEVELOPMENT DEPARTMENT -��
PLANNING DIVISION �n
I 3 I 25 SW HALL BOULEVARD CITY OF TIGARD
TIGARD, OREGON 97223 Communiry�evelopment
Shaping A Better Community
PNONE: 503-639-4171 FAX: 503-598-1960 (Attn: Patty/Planning�
� � C� �o � O 0 O O D 0 o D D O�IC�3 G�I�D� �
Property owner information is valid for 3 months from the date of your request
INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1S134A6, Tax Lot 00100) OR THE
ADDRESSES FOR ALL PROJECT PARCELS BELOW:
� S/o Z DG. �x �d� D�7ao
:� s �'-� s
PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR
HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the City, and
the proIect planner has reviewed your. application for completeness, you will be notified by means of an
incompleteness letter to obtain your 2 final sets of labels.
The 2 final sets of labels need to be placed on envelopes with first class letter-rate postage on the
envelopes in the form of postage stamps (no metered envelopes and no return address) and
resubmitted to the City, for the purp ose of providing notice to property owners of the pro p,osed land use
application and the decision. The 1 sets of envelopes must be kept separate. The person listed below will
be called to pick up and pay for the labels when they are ready.
�
NAME OF CONTACT PERSON: G�,�G� /�GG�' PHONE: ��3� 3/!�-lS�Z
FAX:
This request may be mailed, faxed or hand delivered to the City of Tigard. Please allow a
2-day minimum for processing reques�s. Upon completion of your request, the contact person will be
called to pick up their request that will be placed in "Will Cal�' by their last name, at the Community
Development Reception Desk.
The cost of processing your request must be paid at the time of pick up, as exact cost can not be
pre-determined.
PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED
BY THE CITY VS. RE•TYPED MAILING LABELS WILL BE ACCEPTED.
Cost Description:
$11 to generate the mailing list, plus$2 per sheet for printing the list onto labels(20 addresses per sheet).
Then, multi I the cost to print one set of labels b the number of sets re uested.
EXAMPLE COST FOR THIS REQUEST
4 sheets of labels x$2/sheet= 8.00 x 2 sets= $16.00 .�sheet(s)of labels x$2lsheet=$�x � sets= ����'��
2 sheets of labels x$2/sheet for interested parties x 2 sets= $ 4.00 �sheet(s)of labels x$2lsheet fo interested parties= ��x�sets= �
GENERATE LIST = $11 00 � GENERATE LIST =
TOTAL = $31.00 / �� TOTAL = $��
L�
2S102DC-01700
TENY GEORGE&JENNA
9200 SW EDGEWOOD ST
TIGARD, OR 97223
- r
FFIDAVIT OF MAILING CITYOFTIGARD
Co�ara�ntity•Dec'e(opnrettt
S(rapingA�detterCommunity
I, �PatriciaL.Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdmircistratfveSpeciaGstfor the
City ofTrgard, `Was(rington Coun�y, Oregon and that I served the following:
�Check FVp�opriate Box(s)Below�
� NOTICE OF DECISION FOR: MLP2005-00001/VAR2005-OOOS2 — TENY PARTITION
❑ AMENDED NOTICE (File No./Name Raference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhlblt"A", and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Elchihlt"B", and by reference made a part
hereof, on OCtObel'11,2005,and deposited in the United States Mail on October 11,2005, postage prepaid.
r
�
(Person Pr red otice)
,S`�A`I�E O�F O�EC'jON �
County of�INashtngton �s�
City of?igard ) �
Subscribed and sworn/affirmed before me on the ' -� day of 9 � , 2005.
OFFICIAL SEAL
°�•��°'`°�' SUE ROSS
N `n�'� NCTF,RY PUSLIC-OREGON
`''' CO!JIMIS�ION N0.375152
� rfY cor����i�sioN�����ES oEC.�,200; � My Co " sion Expires: /o�- ✓�-G 7
. �
EXHIBIT�
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2005-00001 CITYOFTIGARD
Community[nevelopment
TENY PARTITION S�Iapingfl BetterComrnuuity
120 DAYS = 12/9/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: TENY PARTITION
CASE NOS: Minor Land Partition (MLP) MLP2005-00001
Adjustment (VAR) VAR2005-00052
PROPOSAL: The applicant is requesting Minor Land Partition approval to create a three-lot
partition on a parcel of land containing approximately .72 acres. This partition will
create Parcel #1 with approximately 7,810 square feet, Parcel #2 with 9,156
square feet, and Parcel #3 with 10,600 square feet. The applicant has also
applied for an Adjustment to not construct a fire apparatus turn around, but instead
sprinkle the future house on proposed Parcel #3.
APPLICANT: Wally Miller OWNER: George Teny
305 SW 144th Avenue 6685 SW Sagert St. #7
Beaverton, OR 97006 Tualatin, OR 97062
COMP. PLAN
DESIGNATION: Low-Density Residential District.
ZONING
DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square feet. Duplexes and attached single-
family units are permitted conditionally. Some civic and institutional uses are also
permitted conditionally.
LOCATION: 9200 SW Edgewood Street; WCTM 2S102DC, Tax Lot 1700.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370 (Variances and Ad'ustments�
18.390 (Decision-Making Procedures); 18.420 (Land Partitions�; 18.51
Residential Zonin� Districts); 18.705 (Access Egress and Circulation); 18.715
Density Computations); 18.725, (Environmental Performance Standards); 18.745
Landscaping and Screening); 18.765 (Off-Street parking and Loading
equirements); 18.790 (Tree Removal); 18 795 (Visual Clearance Areas); and
18.810 (Street and Utility Improvement Standards).
SECTION II. DECISION �
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions. The findings and conclusions on which the
decision is based are noted in Section V.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 1 OF 23
. ,
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE
IMPROVEMENTS, INCLUDING DEMOLITION, GRADING, EXCAVATION AND/OR FILL ACTIVITIES:
e app icant s a prepare a cover etter an su mit it, a ong wit any supporting ocuments
and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,
ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify
where in the submittal the required information is found:
1. Provide a mitigation plan for a total of 43 inches.
2. Provide written sign-off from NFR that a turn-around is not required and the proposed sprinkler
system for parceT #3 has been approved. If not approved, the applicant must provide and
implement a plan showing a TVFR approved fire apparatus turn-around.
3. Prior to commencing site work, the applicant shall submit a cash assurance for the equivalent
value of mitigation required. If additional trees are preserved through the subdivision
improvements and construction of houses, and are properly protected through these stages by
the same measures afForded to other protected trees on site, the amount of the cash assurance
may be corres ondingly reduced. Any trees planted on the site or off site in accordance with
18.790.060 (D�will be credited against the cash assurance, for two years following final plat
approval. After such time, the applicant shall pay the remaining value of the cash assurance as a
fee in-lieu of planting.
4. Prior to commencing any site work, the applicant shall submit construction drawings that include
the approved Tree Removal, Protection and Landscape Plan. The plans shall also include a
construction sequence including installation and removal of tree protection devices, clearing,
grading, and paving. Only those trees identified on the approved Tree Removal plan are
authorized for removal by this decision.
5. Prior to commencing any site work, the applicant shall establish fencing as directed by the project
arborist to protect the trees to be retained. The applicant shall allow access by the City Forester
for the purpose of monitoring and insPection of the tree protection to verify that the tree protection
measures are performing adequately. Failure to follow the plan, or maintain tree protection
fencing in the designated locations shall be grounds for immediate suspension of work on the site
until remediation measures and/or civil citations can be processed.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
e app icant s a prepare a cover etter an su mit it, a ong wit any supporting ocuments
and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,
ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify
where in the submittal the required information is found.
6. An access easement is required for proposed parcel #2 and #3 in order to establish joint access.
7. The applicant is required to provide and implement a plan showing the remaining 115 feet of the
proposed access drive screened from the adjacent property to the east.
8. Place a note on the final plat that no structures, fences, retaining walls or vegetation over three
feet will be �laced in the visual clearance triangles at the intersection of the proposed driveway
and SW 79t Avenue.
9. Prior to final plat approval, the applicant shall ensure that the Project Arborist has submitted
written reports to the City Forester, at least, once every two weeks, from initial tree protection
zone (TPZ) fencing instaflation, through site work, as he monitors the construction activities and
progress. These reports should include any changes that occurred to the TPZ as well as the
condition and location of the tree protection fencing. If the amount of TPZ was reduced then the
Project Arborist shall justify why the fencing was moved, and shall certify that the construction
activities to the trees did not adversely impact the overall, long-term health and stabiliry of the
tree(s). If the reports are not submitted or received by the City Forester at the scf�eduled
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 2 OF 23
. ,
intervals, and if it appears the TPZ 's or the Tree Protection Plan is not being followed by the
contractor, the City can stop work on the pro�ect until an inspection can be done by the City
Forester and the Project Arborist. This inspection will be to evaluate the tree protection fencing,
determine if the fencing was moved at any point during construction, and determine if any part of
the Tree Protection Plan has been violated.
The applicant shall prepare a cover letter and submit it, along with any supporting documents
and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal
the required information is found:
10. A Public Facility Improvement (PFI) permit is required for this project to cover driveway aprons
and any other work in the public right-of-way. Six (6) sets of detailed public improvement plans
shall be submitted for review to the Engineering Department. NOTE: these plans are in addition
to any drawings required by the Building Division and should only include sheets relevant to
public improvements. Public Facility Improvement (PFI) permit plans shall conform to City of
Tigard Public Improvement Design Standards, which are available at City Hall and the City's web
page (www.ci.tiqard.or.qov ).
11. The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate enti� who will �designated as the "Permittee", and who will
provide the financial assurance for t e public improvements. For example,,specify if the entity is
a corporation, limited partnership, LLC, etc. Also specify the state w�thin which the entity is
incorporated and provide the name of the corporate contact person. Failure to provide accurate
information to the Engineering Department will delay processing of project documents.
12. Prior to approval of the final plat, the applicanYs engineer shall provide final sight distance
certification for proposed and existing driveways.
13. The applicant shall provide a construction vehicle access and parking plan for approval by the
City Engineer. The purpose of this plan is for parking and traffic control during the public
improvement construction phase. All construction vehicle parking shall be provided on-site. No
construction vehicles or equipment will be permitted to park on the ad�oining residential public
streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in
the construction of site improvements or buildings proposed by this application, and shall include
the vehicles of all suppliers and employees associated with the project.
14. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT:
Shirley Treat, Engineering).
15. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate
in the future improvements of SW Edgewood Street adjacent to the sub�ect property, when any of
the following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in whole or in
part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed by a third party and
involves the sharing of design and/or construction expenses by the third party owner(s) of
property in addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by the City Engineer
in conjunction with construction of improvements by others adjacent to the subject site.
16. 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.
17. The applicant shall provide connection of proposed parcels to the public sanitary sewerage
system. A connection permit is required to connect to the existing public sanitary sewer system.
The sewer reimbursement fee must be paid prior to issuance of the PFI permit.
NOTICE OF�ECISION MLP2005-00001/TENY PARTITION PAGE 3 OF 23
18. The applicant shall either place the existing overhead utility lines along SW Edgewood Street
underground as a part of this project, or they shall pay the fee in-lieu of undergrounding The fee
shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00
per lineal foot. If the fee option is chosen, the amount will be $3,500.00 and it shall be paid prior
to final plat approval.
19. Any extension of public water lines shall be shown on the proposed Public Facility Improvement
�PFI) permit construction drawings and shall be reviewed and approved by the City's Water
epartment, as a part of the Engineering Department plan review. NOTE: An estimated 12% of
the water system costs must be on deposit with the Water Department prior to approval of the PFI
permit plans from the Engineering Department and construction of public water lines.
20. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit
drawings. The plan shall conform to the "Erosion Prevention and Sediment Control besign and
Planning Manual, February 2003 edition."
21. The applicanYs final plat shall contain State Plane Coordinates on two monuments with a tie to
the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates
can be established by:
. GPS tie networked to the City's GPS survey.
. By random traverse using conventional surveying methods.
22. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/En�ineering Permit Technicians, at (503) 639-4171, ext. 2421).
C. The final pla and data or narrative shall be drawn to the minimum standards set forth by
the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
D. The right-of-way dedication for Edgewood Street shall be made on the final plat. The
dedication shall provide for 27 feet of ROW from centerline.
E. NOTE: Washington County will not begin their review of the final plat until they receive
notice from the Engineering Department indicating that the City has reviewed the final plat
and submitted comments to the ap�licanYs surveyor.
F. After the City and County have reviewed the final plat, submit two mylar copies of the final
plat for City Engineer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
e app icant s a prepare a cover etter an su mit it a on wit any sup orting ocuments
and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,
ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify
where in the submittal the required information is found.
23. Prior to building permits, the existing garage on parcel #2 must be removed.
24. All out buildings and the garage of the existing home will be removed prior to building permits.
25. Prior to issuance of building permits, the a�plicant/owner shall record a deed restriction to the
effect that any existing tree greater than 12' diameter may be removed only if the tree dies or is
hazardous according to a certified arborist. The deed restriction may be removed or will be
considered invalid if a tree preserved in accordance with this decision should either die or be
removed as a hazardous tree.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 4 OF 23
26. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the
location of the trees that were preserved on the lot, location of tree protection fencing, and a
signature of approval from the project arborist regarding the placement and construction
techniques to be employed in building the house. All proposed protection fencing shall be
installed and inspected prior to commencing construction, and shall remain in place through the
duration of home building. After approval from the City Forester, the tree protection measures
may be removed.
The applicant shall prepare a cover letter and submit it, along with any supporting documents
and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal
the required information is found.
27. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
28. Prior to issuance of building permits the applicant shall complete any work in the public right-of-
way (or public easement) and obtain approval from the Engineering Department.
29. During issuance of the building permit for Parcels 1 & 3, the applicant shall pay the standard
water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS).
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE
DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS
DECISION.
SECTION III. BACKGROUND INFORMATION
Pro ert Histo :
e property is designated Low Density Residential on the Tigard Comprehensive Plan and Zoning
Map. No prior land use approvals were found affecting this parcel.
Site Information and Pro osal Descri tions
e app �cant is requestin inor an artition approval to create a three-lot partition on a parcel of
land containing approxima�ely .72 acres. This partition will create Parcel #1 with approximately 7,810
square feet, Parcel #2 with 9,156 square feet, and Parcel #3 with 10,600 square feet. The applicant has
also applied for an Adjustment to not construct a fire apparatus turn around, but instead sprinkle the
future house on proposed Parcel #3.
SECTION IV. PUBLIC COMMENTS
The City mailed notice to property owners within 500 feet of the subject site providing them an
opportunity to comment. Two letters were received. The following are the issues raised within the
submitted letters.
. The property could potentially be developed as duplexes and/or attached single-family units through
a conditional use permit. Our street has several half acre and acre lots, with single-family homes.
Allowing duplexes or attached single-family units would increase the street traffic, noise levels, police
and emergency calls and lower the property values of the entire neighborhood.
Staff Response:
The applicant has proposed sin�le-family detached units. The maximum density allowed for the
subject site is two additional units. If the applicant were to build duplexes on the proposed lots,
the project would exceed the maximum density allowed for the property. Duplexes would
require a 15,000 square foot lot in the R-4.5 zone. These lots are not that size.
• Our understanding is that all these residences will be rentals and that one of them will be a duplex.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 5 OF 23
Staff Response:
As mentioned above, the applicant has proposed single-family dwellings. The law does not
regulate ownership or rentals. The applicant would need to apply for a Conditional Use Permit in
order to build a duplex, which requires a public hearing in front of the Hearings Officer. A public
hearing would require notification and neighbors would be allowed to speak at the hearing. The
applicant has not filed an application for such a process. The City has no control over the use of
the proposed homes as rentals. Fifteen thousand square feet is require for duplexes to meet
Tigard's Comprehensive Plan regarding density requirements.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
Variances and Adiustments (18.370):
18.370.020.C.5 Adjustment to access and egress standards (18.705).
In all zoning districts where access and egress drives cannot be readily designed to conform to
Code standards within a particular parcel, access with an adjoining property shall be considered.
If access in conjunction with another parcel cannot reasonably be achieved, the Director may
grant an adjustment to the access requirements of Chapter 18.705 through a Type II procedure,
as governed in Section 18.390.030, using approval criteria contained in Subsection 2b below.
The applicant has requested an adjustment to 18.705.030.1.4 (Access drives in excess of 150 feet in
length shall be provided with approved provisions for the turning around of fire apparatus). The
applicant has indicated in the narrative that Tualatin Valley. Fire and Rescue will not require a
turnaround if the house on Parcel three has an automatic spnnkler system. However, staff did not
receive any written comments from TVFR on the proposed pro�ect. Therefore, the applicant is
required to provide written sign-off from TVFR that a turn-around is not required and the proposed
sprinkler system for parcel #3 has been approved.
The Director may approve, approve with conditions, or deny a request for an ad�ustment from
the access requirements contained in Chapter 18.705, based on the following criteria:
It is not possible to share access;
The applicant is requesting an adjustment to a fire apparatus turn around. Therefore, this standard is
irrelevant to the requested adjustment.
There are no other alternative access points on the street in question or from another street;
Due to existing development surrounding the subject parcel, SW Edgewood Street is the only street to
take access from.
The access separation requirements cannot be met.
As mentioned above, the applicant is requesting an ad��ustment to the fire apparatus turn-around criteria.
Access separation has no bearing on the requested adjustment.
The request is the minimum adjustment required to provide adequate access;
The applicant has proposed a 16-foot accessway with 10 feet of pavement, which is one foot greater
than the minimum that the code requires. Therefore, the adjustment requested is the least needed and
will have no effect on adequate access to the proposed parcels.
The approved access or access approved with conditions will result in a safe access; and
The applicant has indicated in the narrative that Tualatin Valley Fire and Rescue will not require a
turnaround if the future home on parcel #3 has an automatic sprinkler system. The applicant has not
provided any documentation reflecting TVF&R's approval, which has been conditioned above. If NFR
does not approve such a request, the applicant is required to provide and implement a plan showing a
NFR approved fire apparatus turn-around.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 6 OF 23
The visual clearance requirements of Chapter 18.795 will be met.
Visual clearance will be met as outlined in Chapter 18.795 (Visual Clearance) which is addressed later in
this decision.
FINDING: Based on the analysis above, the adjustment standards have not been met. If the
applicant meets the conditions below, the adjustment criteria will be met.
CONDITION: Provide written sign-off from TVFR that a turn-around is not required and the proposed
sprinkler system for parcel #3 has been approved. If not approved, the applicant must
provide and implement a plan showing a TVFR approved fire apparatus turn-around.
Land Partitions (18.420):
The proposed partition complies with all statutory and ordinance requirements and regulations;
The proposed partition complies or can be made to comply with all statutory and ordinance requirements
and regulations as demonstrated by the analysis contained within this administrative decision and
through the imposition of conditions of development approval. All necessary conditions must be satisfied
as part of the development and building process. Therefore, this criterion is met.
There are adequate public facilities available to serve the proposal;
Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility
Improvement Standards). Based on the analysis provided herein, Staff finds that adequate public
facilities are available to serve the proposal. Therefore, this criterion is met.
All proposed improvements meet City and applicable agency standards; and
The public facilities and proposed improvements are discussed and conditioned later in this decision
under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part
of the permit process and during construction, at which time the appropriate review authority will ensure
that City and applicable agency standards are met. Based on the analysis in this decision, Staff finds
that this criterion is met.
All proposed lots conform to the specific requirements below:
The minimum width of the building envelope area shall meet the lot requirement of the applicable
zoning district.
The minimum lot width required for the R-4.5 zoning district is 50 feet. Parcel #1 is 84 feet in width,
Parcel #2 is 84 feet in width and Parcel #3 is 100 feet in width. Therefore, this standard has been met.
The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the
accessway may not be included in the lot area.
The minimum lot area requirement in the R-4.5 zoning district is 7,500 square feet for detached
single-family units. The proposed partition creates two (2) flag lots,that are 9,114 and 10,600 square
feet without the 3,200 square feet of pole. This criterion has been satisfied.
Each lot created through the partition�rocess shall front a public right-of-way by at least 15 feet
or have a legally recorded minimum 1 foot wide access easement.
Proposed parcel #1 has 84 feet of frontage onto SW Edgewood Street. Proposed parcels #2 and #3
also have fronta e to SW Edgewood Street through a 16-foot wide pole used for access. Therefore, this
criterion is satis�ed.
Setbacks shall be as required by the applicable zoning district.
Setbacks for the R-4.5 zoning district are as follows: front, 20 feet; side, 5 feet; rear, 15 feet. The
existing house on Parcel #2 is proposed to remain, which meets required setbacks. Setbacks for the
future homes will be reviewed during the building permit phase.
NOTICE OF DECISION MLP2005-00001fTENY PARTITION PAGE 7 OF 23
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.
Proposed parcels #2 and #3 are flag lots. Proposed Parcel #2 already has a home on it. The home
already meets the 10-foot side yard setback standard. Setbacks for the future home of proposed
Parcels #1 and #3 will be reviewed at time of building permit. Therefore, this standard has been
satisfied.
A screen shall be provided along the property line of a lot of record where the paved drive in an
accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040.
Screening may also be required to maintain privacy for abutting lots and to provide usable
outdoor recreation areas for proposed development.
Proposed parcels #2 and #3 will share a driveway that is within 10 feet of the abutting property to the
east. According to the applicant's plans there is a six foot high Cedar fence that screens the rear 180
feet of the sub�ect site. Therefore, the applicant is required to screen the remaining 115 feet of the
access drive running north.
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.
The applicant has been conditioned above, under 18.370 Variances and Adjustments to provide
comments from Tualatin Valley Fire and Rescue, which address fire hydrants. Therefore, this standard
is satisfied.
Where a common drive is to be provided to serve more than one lot, a reciprocal easement
which will ensure access and maintenance rights shall be recorded with the approved partition
map.
Proposed parcel #2 and #3 are shown to use the same driveway. Therefore, the applicant is required to
record an access easement and maintenance agreement for the proposed driveway.
Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and
Circulation.
This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision.
Where landfill and/or development is allowed within or adjacent to the one-hundred year
floodplain, the city shall require consideration of the dedication of sufficient open land area for
greenway ad�oining and within the floodplain. This area shall include portions at a suitable
elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan.
The partitioned lots are approximately 1,116 feet to the south of the nearest 100-year floodplain.
Therefore, this standard does not apply.
An application for a variance to the standards prescribed in this chapter shall be made in
accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition
and variance(s)/adjustment(s) will be processed concurrently.
The applicant has applied for an adjustment to the fire-apparatus turn-around requirement of 18.705
(Access Egress and Circulation), which is addressed above.
FINDING: Based on the analysis above, the land partition criteria have not been satisfied. However,
if the applicant complies with the conditions below, the standards will be met.
CONDITIONS:
. An access easement is required for proposed parcels #2 and #3 in order to
establish joint access.
NOTICE OF DECISION MLP2�05-OOOQIITENY PARTITION PAGE 8 OF 23
• The applicant is required to provide and implement a plan showing the remaining
115 feet of the proposed access drive screened from the adjacent property to the
east.
Residential Zoninq Districts (18.5101:
eve opmen s an ar s in res�en ial zoning districts are contained in Table 18.510.2 below:
TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-4.5
Minimum Lot Size
-Detached unit 7,500 sq.ft.
-Duplexes 10,000 sq.ft.
-Attached unit
Average Minimum Lot Width
-Detached unit lots 50 ft.
-Duplex lots 90ft.
-Attached unit lots
Maximum Lot Covera e -
Minimum Setbacks
-Front yard 20 ft.
-Side facing street on corner&through lots 15 ft.
-Side yard 5 ft.
-Rear yard 15 ft.
-Side or rear yard abutting more restrictive zoning district --
-Distance between property line and front of garage 20 ft.
-Side Yard Setbacks for Fla Lots DC 18.420.050 A 4 e 10 ft.
Maximum Hei ht 30 ft.
Minimum Landsca e Re uirement
A minimum lot size of 7,500 square feet is required for each lot. The proposed lot sizes meet this
standard. Parcel #2 contains a single-family dwelling that will meet the required R-4.5 setbacks.
Future development will be reviewed through the building permit process to ensure compliance with
the R-4.5 development standards. Setback standards, required by Table 18.510.2 will apply to all
future development of the proposed lots.
FINDING: Based on the analysis above, the Residential Zoning District Standards have been met.
Access, Eqress and Circulation (18.705):
Chapter 18.705 establishes standards and regulations for safe and efficient vehicle access and
e�ress on a site and for general circulation within the site. Table 18.705.1 states that the
minimum vehicular access and e�ress for single-family dwelling units on individual lots shall be
one, 10-foot paved drivewaX within a 15-foot-wide accessway. The minimum access width for 3-
6 dwelling units is 20 feet with 20 feet of pavement.
Access and egress to each lot created by the proposed partition would be directly onto SW Edgewood
Street. Proposed lots #2 and #3 will share a 10-foot asphalt drive, which satisfies the minimum
requirement of Table 18.705.1(Vehicular Access/Egress f�equirements). This criterion has been
satisfied.
Access plan requirements.
No building or other permit shall be issued until scaled plans are presented and approved as
provided by this chapter that show how access, egress and circulation requirements are to be
fiulfilled. The ap�licant shall submit a site plan. The Director shall provide the applicant with
detailed information about this submission requirement.
Scaled site plans have been submitted that indicate how the requirements of access, egress, and
circulation are met. Therefore, this criterion has been satisfied.
NOTICE OF DECISION MLP2005-00001JTENY PARTITION PAGE 9 OF 23
Joint access.
Owners of two or more uses, structures, or parcels of land may agree to utilize jointly the same
access and egress when the combined access and egress of both uses, structures, or parcels of
land satisfies the combined requirements as designated in this title, provided: Satisfactory legal
evidence shall be presented in the form of deeds, easements, leases or contracts to establish the
joint use; and Copies of the deeds, easements, leases or contracts are placed on permanent file
with the City.
Joint access is proposed. Parcel #2 has a house on it and will obtain access from the same driveway
that Parcel #3 will utilize. An access easement has been conditioned above, under 18.420 land
Partitions.
Public street access.
All vehicular access and egress as required in Sections 18.705.030H and 18.705.0301 shall
connect directly with a public or private street approved by the City for public use and shall be
maintained at the required standards on a continuous basis.
All lots will directly access SW Edgewood Street which is a public street. Therefore, this standard has
been satisfied.
Curb cuts shall be in accordance with Section 18.810.030N.
Curb cuts will be addressed under Chapter 18.810 Street and Utility Improvements Standards later in
this decision.
Re uired walkwa location. On-site pedestrian walkways shall comply with the following
s an ar s:
Walkways shall extend from the ground floor entrances or from the �round floor landing of
stairs, ramps, or elevators of all commercial, institutional, and industrial uses, to the streets
which provide the required access and egress. Walkways shall provide convenient connections
between buildings in multi-building commercial, institutional, and industrial complexes. Unless
impractical, walkways shall be constructed between new and existing developments and
neighboring developments;
Within all attached housing (except two-family dwellings) and multi-family developments, each
residential dwelling shall be connected by walkway to the vehicular parking area, and common
open space and recreation facilities;
Wherever rec�uired walkways cross vehicle access driveways or parking lots, such crossings
shall be designed and located for pedestrian safety. Required walkways shall be physically
separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation
(curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic
aisles are permitted for distances no reater than 36 feet if appropriate landscaping, pavement
markings, or contrasting pavement ma�erials are used. Walkways shall be a minimum of four feet
in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle
racks, and sign posts, and shall be in compliance with ADA standards;
Required walkways shall be paved with hard surfaced materials such as concrete, asphalt,
stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety
purposes. Soft-surfaced public use pathways may be provided only if such pathways are
provided in addition to required pathways.
This proposal is for a detached single-family development, this standard does not apply.
Inadequate or hazardous access.
Ap�lications for building permits shall be referred to the Commission for review when, in the
opinion of the Director, tl�e access proposed would cause or increase existing hazardous traffic
conditions; or would provide inadequate access for emergency vehicles; or would in any other
way cause hazardous conditions to exist which would constitute a clear and present danger to
the public health, safety and general welfare.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 10 OF 23
The lots within this partition will be providing direct access to a public street. Tualatin Valley Fire and
Rescue and Tigard Police have been notified of the proposed partition. Tigard Police have not indicated
a hazard and TVFR did not provide comments. The Director has not determined that Planning
Commission review is necessary for building permits. With regard to streets and street intersections,
these issues are addressed under TDC Chapter 18.810 (Street and Utility Improvement Standards).
Therefore, this standard is satisfied.
Direct individual access to arterial or collector streets from single-family dwellings and duplex
lots shall be discouraged. Direct access to major collector or arterial streets shall be considered
only if there is no practical alternative way to access the site.
The proposed single-family lots will have access to a public street (SW Edgewood Street). Therefore,
no sing(e-family lot will have direct access to a major collector or arterial. This standard has been
satisfied.
In no case shall the design of the service drive or drives require or facilitate the backward
movement or other maneuvering of a vehicle within a street, other than an alley. Single-family
and duplex dwellings are exempt from this requirement.
This criterion does not apply to the proposed single-family dwellings.
Access Manaqement (Section 18.705.030.H)
3 cfion� . . . s a es a an access report shall be submitted with all new development
proposals which verifies design of driveways and streets are safe by meeting adequate stacking
needs, sight distance and deceleration standards as set by ODOT, Washington County, the City
and AASNTO.
The applicant has proposed that Parcel 1 have a new access onto Edgewood Street, while Parcels 2 &
3 share the existing driveway. An access report has not been submitted, but Staff has visited the site
and believes the sight distance along Edgewood Street is adequate. The applicant's en�ineer.shall
provide a final sight distance certification of each proposed and/or shared driveway location prior to
approval of the final plat.
Section 18.705.030.H.2 states that drivewa�s shall not be permitted to be placed in the influence
area of collector or arterial street intersections. Influence area of intersections is that area where
queues of traffic commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet, measured from the righ{-
of-way line of the intersectin� street to the throat of the proposed drivewa�. The setback may be
�reater depending upon the influence area, as determined from City Engineer review of a traffic
�mpact report submitted by the applicant's traffic engineer. In a case where a project has less
than 150 feet of street frontage, the applicant must explore any option for shared access with the
adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far
from the intersection as possible.
Edgewood is classified as a Neighborhood Route; therefore this criterion does not apply.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a
collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall
be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet.
The proposed partition fronts SW Edgewood Street, which is a neighborhood route. Therefore, this
criterion does not apply.
Minimum access requirements for residential use.
Vehicular access and egress for sin�le-family, duplex or attached sin�le-family dwelling units on
individual lots and multi-family residential uses shall not be less han as provided in Table
18.705.1 and Table 18.705.2;
The applicant has shown proposed parcels #2 and #3 to share the proposed driveway, which has a
paved width of 10 feet. According to table 18.705.1, individual parcels are to have a fifteen foot access
drive with 10 feet of pavement. The applicant has shown a 16-foot right-of-way width with 10 feet of
pavement. Therefore, this standard is satisfied.
NOTICE OF DECI510N MLP2005-00001/TENY PARTITION PAGE 11 OF 23
Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor
entrance or the ground floor fanding of a stairway, ramp, or elevator leading to the dwelling
units;
No multi-family structures are proposed with this application. Therefore, this standard does not apply.
Private residential access drives shall be provided and maintained in accordance with the
provisions of the Uniform fire Code;
Tualatin Valley Fire and Rescue was sent notice. However, TVFR has not responded. The applicant
has requested an adjustment to the Fire Apparatus Turn-Around as discussed above and has been
conditioned to provide comments regarding tF�e proposed development.
Section 18.705.030.H.4 states that Access drives in excess of 150 feet in length shall be provided
with approved provisions for the turning around of fire apparatus by one of the following: a
circular paved surface having a minimum turn radius measured from center point to oufside
edge of 35 feet or a hammerhead-configured, paved surface with each leg of the hammerhead
having a minimum depth of 40 feet and a minimum width of 20 feet. The maximum cross slope
of a required turnaround is 5%.
The proposed access drive is greater than 150 feet in length. However, the applicant has requested an
adjustment to this standard which is addressed above. The applicant proposes to include a sprinkler
system in the future home of proposed parcel #3. Therefore, this standard is satisfied.
FINDING: Based on the analysis above, the Access, Egress and Circulation standards have been
met.
Densitv Computations (18.715):
A�e�ini�io—� ne eve opment area. Net development area, in acres, shall be determined
by subtracting the following land area(s) from the gross acres, which is all of the land
included in the legal description of the property to be developed:
1. All sensitive land areas
2. All land dedicated to the public for park purposes;
3. All land dedicated for public rights-of-way.
4. All land proposed for private streets; and
5. A lot of at least the size required by the applicable base zoning district, if an existing
dwelling is to remain on the site.
B. Calculating maximum number of residential units. To calculate the maximum number of
residentiaf units per net acre, divide the number of square feet in the net acres by the
minimum number of square feet required for each lot in the applicable zoning district.
C. Calculating minimum number of residential units. As required by Section 18.510.040, the
minimum number of residential units per net acre shall be calculated b multiplying the
maximum number of units determined in Subsection B above by 80% (0.8�
The standards for density computation address the intensity of residential land uses, typically
expressed as the number of housing units per acre. The total square footage of the subJ'ect property
is 30,700 square feet. There are no sens�t�ve land areas within the sub�ecf proposal. To determine
the net developable area, the square footage to accommodate the existing house on Parcel #2 (9,114
square feet) and the square footage of the street dedication (700 square feet) is subtracted from the
calculation. This results in a net developable area of 20,886 square feet. As the minimum lot size for
the R-4.5 zone is 7,500 square feet, the maximum number of additional residential units is two �lus
the existing house. The proposed partition creates two addition�ot�which is in conformance with
the minimum density requirements.
FINDING: Based on the analysis above, the Density Computation Standards have been met.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 12 OF 23
Landscapinq and Screeninq (18.7451:
Street trees: Section 18.745.040
ec ion . 45.040.A.: All development ro ects fronting on a public street private street or a
private driveway more than 100 feet in length approved after the adoption of this title shall be
required to plant street trees in accordance with the standards in Section 18.745.040C.
This proposed project has frontage on SW Edgewood Street. The access drive serving the proposed
lots will exceed the 100-foot length. Street trees are required alon the private driveway and shall be
planted in accordance with the standards for size and spacing in this�itle, under Section 18.745.040.C.
FINDING: Based on the analysis above, the Landscaping and Screening Standards have not been
met. If the applicant complies with the condition below, the standard will be met:
CONDITION: Provide and Implement a plan that shows street trees required planted along the private
driveway in accordance with the standards for size and spacing, under Section
18.745.040.C, of the Tigard Development Code.
Tree Removal (18.790):
ree p an or�e pf-anting, removal and protection of trees prepared by a certified arborist shall
be provided for any lot„ parcel or comb�nation of lots or parcels for which a development
application for a subdivision, partition, site development review, planned development or
conditional use is filed. Protection is preferred over removal wherever possible.
There are a total of 13 trees greater than 12-inches in diameter. Six of the 13 trees greater than 12-
inches are considered hazardous trees, by reason of disease. Therefore, seven trees are viable for
mitigation. The applicant is proposing to save four of the trees greater than 12-inches or 57%.
According to the miti�ation requirements, the applicant is required to mitigate fifty percent of the inches
removed when retaining between 50 and 75 percent of viable trees greater than 12-inches. A condition
will be imposed that the applicant provide a mitigation plan for 43 inches.
Section 18.790.040 states that any tree preserved or retained in accordance with this section may
thereafter be removed only for the reasons set out in a tree plan, in accordance with Section
18.790.030, or as a condi�ion of ap roval for a conditional use, and shall not be subject to
removal under any other section o� this chapter. The property owner shall record a deed
restriction as a condition of approval of any development permit affected by this section to the
effect that such tree may be removed only if the tree dies or is hazardous according to a certified
arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in
accordance with this section should either die or be removed as a hazardous tree. The form of
this deed restriction shall be subject to approval by the Director.
The applicant will be required as a condition of approval to record a deed restriction limiting the removal
of trees that are retained on the project site following completion of the partition improvements, in
accordance with this standard.
FINDING: Based on the analysis above, the Tree Removal Standards have not been met. In order
to meet the standard, the applicant shall satisfy the following conditions:
CONDITIONS:
. Provide a mitigation plan for a total of 43 inches.
. Record a deed restriction limiting the removal of trees that are retained on the
project site following completion of the partition improvements.
Visual Clearance Areas (18.7951:
TFis ap er requires f�ia�a ear vision area shall be maintained on the corners of all property
adjacent to intersecting right-of-ways or the intersection of a public street and a private
driveway. A clear vision area shall contain no vehicle, hedge, plantin , fence, wall structure, or
temporary or permanent obstruction exceeding three (3) feet in heigh� The code provides that
obstructions that may be located in this area shall be visually clear between three (3) and eight
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 13 OF 23
(8) feet in height. Trees may be placed within this area provided that all branches below eight (8)
feet are removed. A visual clearance area is the triangular area formed by measuring from the
corner, 30-feet along the right-of-way and along the driveway and connecting these two points
with a straight line.
The applicant will be required to place a note on the final plat that no structures, fences, retaining walls
or vegetation over three feet �r�lf be placed in the visual clearance triangles at the intersection of the
proposed driveway and SW 79 Avenue.
FINDING: Based on the analysis above, the Vision Clearance Standards are not met.
CONDITION: Place a note on the final plat that no structures, fences, retaining walls or vegetation over
three feet will be plac�ed in the visual clearance triangles at the infersection of the proposed
driveway and SW 79 h Avenue.
�Im act Studv (18.390)
�ecfon��.���states, "The Director shall make a finding with respect to each of the
following criteria when approving, approving with conditions or denying an application:"
Section 18.390.040 states that the a�plicant shall provide an impact study to quantify the
effect of development on public facilities and services. For each public facility system and
type of impact, the study shall propose improvements necessary to meet City standard, and to
minimize the impact of the development on the public at large, public facilities systems, and
affected private property users.
In situations where the Community Development Code requires the dedication of real property
interests, the applicant shall either specifically concur with a requirement for �ublic right-of-way
dedication, or provide evidence that supports that the real property dedication is not roughly
proportional to the projected impacts of the development. Section 18.390.040 states that when a
condition of approval requires the transfer to the public of an interest in real property, the
approval authority shall adopt findings which support the conclusion that the interest in real
property to be transferred is roughly proportional to the impact the proposed development will
have on the public.
The applicant has submitted an impact study that addresses the impact the proPosed partition will have
on public facilities. The impact study can be found in the land-use file at the City s Permit Center.
The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of
developmenf. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy
Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of
new development on the Collector and Arterial Street system. The applicant will be required to pay TIF's
of approximately $2,690 per new dwelling unit.
Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements
citywide, a fee that would cover 100 percent of this projects traffic impact is $16,812 ($5,380 divided by
.32). The difference befinreen the TIF paid, and the full impact, is considered the unmitigated impact on
the street system. The unmitigated impact of this project on the transportation system is $11,432. The
cost of the improvements is expected to be $2,100 ($2,100 (R-O-W Dedication). The exactions are
proportionate.
PUBLIC FACILITY CONCERNS
Street And Utilitv Improvements Standards (Section 18.810):
�a�er . prov�es cons ruc ion s an ar s or e implementation of public and private
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 14 OF 23
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be
improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion
of an existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a Neighborhood
Route to have a 54 right-of-way width and 32-foot paved section. Other improvemenfs required
may include on-street parking, sidewalks and bikeways, underground utilities, street lighting,
storm drainage, and street trees.
This site lies adjacent to SW Edgewood Street, which is classified as a Neighborhood Route on the City
of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline,
accordin to the most recent tax assessor's map. The applicant should dedicate the additional ROW
required�o provide 27 feet from centerline.
SW Edgewood Street is currently partially improved. In order to mitigate the impact from this
development, the applicant should enter into a restrictive covenant for future half-street improvements.
Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan
shall be filed which shows the pattern of existing and proposed future streets from the
boundaries of the proposed land division. This section also states that where it is necessary to
give access or permit a satisfactory future division of adjoining land, streets shall be extended to
the boundary lines of the tract to be developed and a barricade shall be constructed at the end of
the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since
they are intended to continue as through streets at such time as the adjoining property is
developed. A barricade shall be constructed at the end of the street by the property owners
which shall not be removed until authorized by the City Engineer, the cost of which shall be
included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-
sac bulbs shall be constructed for stub streets in excess of '150 feet in length.
There are no opportunities to provide a future street extension with this development. The development
directly�o the south, McDonald Woods, has received land use approval and they are required to extend
SW 93r Avenue from McDonald Street to the north.
Street Ali nment and Connections:
Section 1�.810.030.H.1 states that full street connections with spacing of no more than 530
feet between connections is required except where prevented by barriers such as topography,
railroads, freeways,. pre-existing developments, lease provisions, easements, covenants or
other restrictions existing prior to May 1, 1995 which preclude street connections. A full street
connection may also be exempted due to a regulated water feature if regulations would not
permit construction.
Section 18.810.030.H.2 states that all local, nei�hborhood routes and collector streets which
abut a development site shall be extended within the site to provide through circulation when
not precluded by environmental or topo�raphical constraints, existing development patterns
or strict adherence to other standards in this code. A street connection or extension is
precluded when it is not possible to redesign, or reconfigure the street pattern to provide
required extensions. Land is considered topographically constrained if the slope is greater
than 15% for a distance of 250 feet or more. In the case of environmental or topographical
constraints, the mere presence of a constraint is not sufficient to show that a street
connection is not possible. The applicant must show why the constraint precludes some
reasonable street connection.
There are no opportunities to provide a new street alignment or connection with this development. The
development directly to t�e south, McDonald Woods, has received land use approval and they are
required to extend SW 93� Avenue from McDonald Street to the north. This will provide the connectivity
to meet this standard.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 15 OF 23
Access to Arterials and Major Collectors: Section 18.810.030.Q states that where a development
abuts or is traversed by an existing or proposed arterial or ma�or collector street, the
development design shall provide adequate protection for residential �roperties and shall
separate residential access and through traffic, or if separation is not feasible, the design shall
minimize the traffic conflicts. The design shall include any of the following:
. A parallel access street along the arterial or major collector;
. Lots of suitable depth abutting the arterial or major collector to provide adequate buffering
with frontage along another sfreet;
. Screen �lanting at the rear or side property line to be contained in a non-access
reservation along the arterial or major collector; or
. Other treatment suitable to meet the objectives of this subsection;
• If a lot has access to two streets with different classifications, primary access should be
from the lower classification street.
This development is not adjacent to an Arterial or Collector, therefore this criterion does not apply.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be
desi�ned with due regard to providing adequate buifding sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall
not exceed 1,800 feet measured along the right-of-way line except:
. Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre-existing development or;
. For blocks adjacent to arterial streets, limited access highways, major collectors or
railroads.
• For non-residential blocks in which internal public circulation provides equivalent access.
No blocks are created with the proposed finro lot partition. Therefore, this standard does not apply.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements
or right-of-ways shall be provided when full street connection is not possible. Spacing between
connections shall be no more than 330 feet, except where �recluded by environmental or
topographical constraints, existing development patterns, or strict adherence to other standards
in the code.
As mentioned above, no blocks are created with this application. Therefore, this standard does not
apply.
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from bein� more than 2.5 times
the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the
applicable zoning district.
The minimum lot size of the R-4.5 zoning district is 7,500 square feet. Based on the standard above,
none of the proposed parcels can be more than 2.5 times the average lot width unless they are less than
1.5 times the minimum lot size (11,250 square feet). None of the proposed parcels are greater than
11,250 square feet. The largest parcel is parcel three, which is 10,600 square feet with a width of 100
feet and a depth of 106 feet. Therefore, this standard does not apply.
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public
or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies,
which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide
recorded access easement. In cases where the lot is for an attached single-family dwelling unit,
the frontage shall be at least 15 feet.
Proposed parcel #1 has 84 feet of frontage. Proposed parcel #2 and #3 have 16 feet of frontage
through a private pole. Therefore, this standard is satisfied.
NOTICE OF DECISION MLP2005-000011TENY PARTITION PAGE 16 OF 23
Sidewalks: Section 18.810.O10.A requires that sidewalks be constructed to meet City design
standards and be located on both sides of arterial, collector and local residential streets. Private
streets and industrial streets shall have sidewalks on at least one side.
The applicant is required to enter into a restrictive covenant for half-street improvements, which includes
sidewalks, thereby meeting this criterion.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 1996 and including any future revisions or
amendments) and the adopted policies of the comprehensive plan.
Over-sizin�: Section 18.810.090.0 states that proposed sewer systems shall include
consideration of additional development within the area as projected by the Comprehensive
Plan.
The City is completing Sewer Reimbursement District 31, which will provide service to this property. The
applicant must provide separate connections for each parcel to the main line. All reimbursement fees
must be paid prior to issuance of the PFI permit.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make adequate provisions for
storm water and flood water runoff.
Accommodation of U pstream Drainage: Section 18.810.100.0 states that a culvert or other
drainage facility shall be large enough to accommodate potential runoff from its entire upstream
drainage area, whether inside or outside the development. The City Engineer shall approve the
necessary size of the facility, based on the provisions of Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and
including any future revisions or amendments).
There are no upstream drainage ways that impact this development.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the
City Engineer that the additional runoff resulting from the development will overload an existing
draina�e facility, the Director and Engineer shall withhold approval of the development until
provisions have been made for improvement of the potential condition or until provisions have
been made for storage of additional runoff caused by the development in accordance with the
Design and Construction Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno
Creek Watershed Managemen� Plan. Section V of that plan includes a recommendation that local
governments institute a sEormwater detention/effective impervious area reduction program resulting in no
net increase in storm peak flows up to the 25-year event. The City will require that all new developments
resulting in an increase of impervious surFaces provide onsite detention facilities, unless the
development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the
storm water runoff will be permitted to discharge without detention.
Small projects such as residential land partitions are not required to provide onsite detention. A fee-in-
lieu of construction of an on-site detention system will be allowed.
Storm water runoff from the existin� home is directed towards Edgewood Street. There is not an
adequate public storm sewer system in Edgewood Street; therefore the applicant will only be allowed to
discharge runoff from Parcel 1 towards Edgewood Street. Runoff from Parcels 2 & 3 will be collected
on-site and discharg ed into a storm sewer lateral at the south property line. This lateral will be
constructed with the McDonald Woods development.
NOTICE OF DECISION MLP2005-000011TENY PARTITION PAGE 17 OF 23
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed
bikeways identified on the City's adopted pedestrian/bikeway plan shall include prov�sions for
the future extension of such bikeways through the dedication of easements or righ{-of-way.
Edgewood Street is not a bicycle facility.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes and
meter cabinets which may be placed above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or above, and:
. The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
. The City reserves the right to approve location of all surface mounted facilities;
. All underground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
. Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall
pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a
street where existing utilities whicli are not underg round will serve the development and the
approval authority determines that the cost and technical difficulty of under-g rounding the
utilities outweighs the benefit of under-grounding in conjunction with the development. The
determination shall be on a case-by-case basis. The most common, but not the only, such
situation is a short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground utilities facilities. An
applicant for a development which is served by utilities which are not underground and which
are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of
under-grounding.
There are existing overhead utility lines along the frontage of SW Edgewood Street. If the fee in-lieu is
proposed, it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The
frontage along this site is 100 lineal feet; therefore the fee woufd be $3,500.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
Public Water S stem:
e i y o igar ater Department provides service in this area. There is an existing water line
located in Edgewood Street. The applicant indicates two new 1-inch water meters to serve this
development.
Storm Water Qualit :
e iy as agree to enforce Surface Water Management (SWM) regulations established by
Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and
Order No. 00-7) which require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm
water runoff generated from newly created impervious surfaces. In addition, a maintenance plan
shall be submitted indicating the frequency and method to be used in keeping the facility
maintained through the year.
The CWS standards include a provision that would exclude small projects such as residential land
partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of
the storm water from Parcel 1. Rather, the CWS standards provide that applicants should pay a fee in-
lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on this
application.
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 18 OF 23
Gradin and Erosion Control:
esign an ons ruc ion Standards also regulate erosion control to reduce the amount of
sediment and other pollutants reaching the public storm and surFace water system resulting
from development, construction, grading, excavating, clearin�, and any other activity whicfi
accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control
plan for City review and approval prior to issuance of City permits.
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System
(NPDES) erosion control permit be issued for any development that will disturb one or more acre
of land. Since this site is over five acres, the developer will be required to obtain an NPDES
permit from the City prior to construction. This permit will be issued along with the site and/or
building permit.
A final grading plan shall be submitted showing the existing and proposed contours. The plan shall
detail the provisions for surface drainage of all lots, and show that they will be graded to insure that
surface drainage is directed to the street or a public storm drainage system approved by the Engineering
Department. For situations where the back portions of lots drain away from a street and toward adjacent
lots, appropriate private storm drainage lines shall be provided to sufficiently contain and convey runoff
from each lot.
Address Assi nments:
e i y o igar is responsible for assigning addresses for parcels within the City of Tigard and within
the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address shall be
assessed. This fee shall be paid to the City prior to final plat approval.
Surve Re uirements:
e app �can s ina p at shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a
tie to �he City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
established by:
. GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicanYs engineer
shall provide the City with an electronic file with points for each structure (manholes, catch basins, water
valves, hydrants and other water system features in the development, and their respective X and Y
State Plane Coordinates, referenced to NAD 83 (91 .
SECTION VI. OTHER STAFF COMMENTS
City of Tigard Police Department has reviewed the proposal and has offered the following comments:
. Request monument/sign placed at foot of driveway at SW Edgewood Street indicating house
number for new parcel once a residence is constructed.
City of Tigard Building Department has reviewed the proposal and has offered the following
comments:
. Roof drainage to ditch must be approved by senior plumbing inspector.
City of Tigard Forester has reviewed the proposal and has offered the following comments:
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 19 OF 23
LANDSCAPING AND SCREENING
18.745.030.C, Installation Requirements The installation of all landscaping shall be as follows:
All landscaping shall be installed according to accepted plantin� procedures.
The plant material shall be of high grade, and shall meet the size and grading standards of the
American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and any other future revisionsj; and
Landscaping shall be installed in accordance with the provisions of this title.
The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These
guidelines follow those set forth by the International Societ�r of Arboriculture (ISA) tree planting
guidelines as ell as the standards set forth in the American Institute of Architects' Architectural Graphic
Standards, 10� edition. In the Architectural Graphic Standards there are guidelines for selecting and
planting trees based on the soil volume and size at maturity. Additionally, there are directions for soil
amendments and modifications.
In order to develop tree species diversity onsite it is recommended that the following guidelines be
followed:
No more than 30% of any one family be planted onsite.
No more than 20% of any one genus be planted onsite.
No more than 10% of any one species be planted onsite.
18.745.030.E Protection of Existin Landsca in . Existing vegetation on a site shall be
pro ec e as muc as possi e:
The developer shall provide methods for the protection of existing vegetation to remain during the
construction process; and
The plants to be saved shall be noted on the landscape plans (e.g., areas not to be disturbed can
be fenced, as in snow fencing which can be placed around the individual trees).
See comments under "Tree Removal".
18.745.030.G Conditions of A roval of Existin Ve etation. The review procedures and
s an ar s or require an scaping an screening s a e specified in the conditions of
approval during development review and in no instance shall be less than that required for
conventional development.
See recommended conditions of approval at the end of this memorandum.
18.745.040 Street Trees
ro ec ion o existin ve etation. All development pro1 ects fronting on a public street,
private s ree or a priva e riveway more than 100 feet in length approved after the adoption of
this title shall be required to plant street trees in accordance with the standards in Section
18.745.040.C.
The accepted planting procedures are the guidelines described in the Tigard Tree Manual. These
guidelines follow those set forth by the International Societ� of Arboriculture (ISA) tree planting
guidelines as ell as the standards set forth in the American Institute of Architects' Architectural Graphic
Standards, 10� edition. In the Architectural Graphic Standards there are guidelines for selecting and
planting trees based on the soil volume and size at maturitv. Additionally, there are directions for soil
amendments and modifications.
In order to develop tree species diversity onsite it is recommended that the following guidelines be
followed:
No more than 30% of any one family be planted onsite.
No more than 20% of any one genus be planted onsite.
No more than 10% of any one species be planted onsite.
NOTICE OF DECISION MLP20a5-040a1/TENY PARTITION PAGE 20 OF 23
2. TREE REMOVAL
18.790.030, Tree Plan Requirement
A. Tree lan re uired. A tree plan for the planting, removal and protection of trees
prepare y a ce i ie ar orist shall be provided for any lot, parcel or combination of lots or
parcels for which a development ap�lication for a subdivision, partition, site development
review, planned development or conditional use is filed. Protection is preferred over removal
wherever possible.
B. Plan re uirements. The tree plan shall include the following:
1. en i ica ion o e location, size and species of all existing trees including trees
designated as significant by the city;
2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in
caliper. Mitigation must follow the replacement �uidelines of Section 18.790.060D, in accordance
with the following standards and shall be exclusive of trees required by other development code
provisions for landscaping, streets and parking lots:
a. Retention of less than 25% of existing trees over 12 inches in caliper requires a mitigation
program in accordance with Section 18.790.060D of no net loss of trees;
b. Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-
thirds of the trees to be removed be mitigated in accordance with Section 18.790.060D;
c. Retention of from 50% to 75% of existing trees over 12 inches in caliper reyuires that 50
percent of the trees to be removed be mitigated in accordance with Section 18.790.060D;
d. Retention of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation.
3. Identification of all trees which are proposed to be removed;
4. A protection program defining standards and methods that will be used by the applicant
to protect trees during and after construction.
As required, the applicant submitted a tree plan. The plan does not appear to have been done by a
certified arborist. The plan report contains three out of the four required components, and, is therefore,
unacceptable.
Care needs to be taken to protect these trees' roots in all phases of construction, including any
irrigation work that may occur very late into the project. If the developer does not build the
homes, the builder must also follow these guidelines and restrictions as well as any standards
specified by the project arborist..
I suggest planting native species of trees as some or all of the street trees such as bigleaf maple,
cascara or Oregon white oak. Properly sized oaks can be found at River Oak Farm & Nursery. Call
Diane at 503-357-2745. The species of street tree used in this development is not listed. The species
must be approved before the trees can be planted.
If the developer is planning on planting trees on the private properties to satisfy tree mitigation
requirements he needs to follow the guidelines developed for planting mitigation trees. The guidelines
are attached.
Below are my suggestions for the applicant to follow for tree protection guidelines:
Prior to construction, a Tree Protection Plan shall be included with the proposed construction drawings
conformin� to the International Society of Arboriculture (ISA) guidelines for review and approval by the
City Fores er. All tree protection devices, along with their details and specifications, shall be shown on
the Tree Protection Plan. This plan shall also include the building footprints shown in relation to the
trees being preserved. Any tree that will not be removed onsite that is within the limits of disturbance of
this pro1 ect must be protected. Any tree that is located on property adjacent to the construction project
that will have more than 15% of its root system disturbed by construction activities shall also be
protected_
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 21 OF 23
Prior to construction, the applicant shall submit a detailed construction schedule to the City Forester with
notations as to when tree protection devices will be either installed or removed throughout construction
of the project.
A note shall be placed on the final set of plans indicatin that equipment, vehicles, machinery, grading,
dumping, storage, burial of debris, or any other construc�ion-related activities shall not be located inside
of any tree protection zone or outside of fhe limits of disturbance where other trees are being protected.
All tree protection devices shall be:
. Visible.
. Constructed of 11 Gauge steel chain-link fencing supported on at least 2" O.D. steel posts. Each
post shall be no less than four feet high from the top of grade. Each post shall be driven into the
ground to a depth of no less than two and a half feet below grade. Each post shall be spaced no
further apart than four feet.
. Between each post, securely attached to the chain-link fencin�, shall be a sign indicating that the
area behind the fencing is protected and no construction activity, including material storage, may
occur behind the fencing.
• Inspected and approved in the field by the project arborist and City Forester prior to clearing,
grading, or the beginning of construction.
• Remain in place and maintained until all construction is completed and a final inspection is
conducted.
If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc.) the
project arborist and City Forester must be notified before any entry occurs. Before entering the TPZ, the
proJ ect arborist and Citjr Forester shall determine the method by which entry can occur, along with any
additional tree protection measures.
Prior to issuance of building permits, the ProJ'ect Arborist shall submit a final certification indicating the
elements of the Tree Protection Plan were followed and that all remaining trees on the site are healthy,
stable and viable in their modified growing environment.
RECOMMENDED CONDITIONS OF APPROVAL:
. nor o commencing si e wor , e app ican s all submit a cash assurance for the equivalent value of
mitigation required. If additional trees are preserved through the subdivision improvements and
construction of houses, and are properly protected through these stages by the same measures afforded
to other protected trees on site, the amount of the cash assurance ma be correspondingly reduced.
Any trees planted on the site or off site in accordance with 18.790.060 �D) will be credited against the
cash assurance, for finro years following final plat approval. After such time, the applicant shall pay the
remaining value of the cash assurance as a fee in lieu of planting.
2. Prior to issuance of building permits, the applicantlowner shall record a deed restriction to the effect
that any existing tree greater than 12" diameter may be removed only if the tree dies or is hazardous
according to a certified arborist. The deed restriction may be removed or will be considered invalid if a
tree preserved in accordance with this decision should either die or be removed as a hazardous tree.
3. Prior to commencing any site work, the applicant shall submit construction drawings that include the
approved Tree Removal, Protection and Landscape Plan. The plans shall also include a construction
sequence includin� installation and removal of tree protection devices, clearing, grading, and paving.
Only those trees identified on the approved Tree Removal plan are authorized for removal by this
decision.
4. Prior to commencing any site work, the applicant shall establish fencing as directed by the project
arborist to protect the trees to be retained. The applicant shall allow access by the City Forester for the
purpose of monitoring and inspection of the tree protection to verify that the tree protection measures are
performing adequately. Failure to follow the plan, or maintain tree protection fencing in the designated
locations shall be grounds for immediate suspension of work on the site until remediation measures
and/or civil citations can be processed.
5. Prior to final plat approval, the applicant shall ensure that the Project Arborist has submitted written
reports to the City Forester, at least, once every two weeks, from initial tree protection zone (TPZ)
fencing installation, through site work, as he monitors the construction activities and progress. These
reports should include any changes that occurred to the TPZ as well as the condition and location of the
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 22 OF 23
tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the
fencing was moved, and shall certify that the construction activities to the trees did not adversely impact
the overall, long-term health and stability of the tree(s). If the reports are not submitted or received by
the City Forester at the scheduled intervals, and if it appears the TPZ 's or the Tree Protection Plan is
not being followed by the contractor, the City can stop work on the project until an inspection can be
done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection
fencing, determine if the fencing was moved at any point during construction, and determine if any part
of the Tree Protection Plan has been violated.
6. Prior to issuance of building permits, the applicant shall submit site plan drawings indicating the
location of the trees that were preserved on the lot, location of tree protection fencing, and a signature of
approval from the project arborist regarding the placement and construction techniques to be employed
in building the house. All proposed protection fencing shal� be installed and inspected prior to
commencing construction, and shall remain in place through the duration of home building. After
approval from the City Forester, the tree protection measures may be removed.
If you have any questions please call me anytime. Thank you for requesting my comments on this
project.
SECTION VII. AGENCY COMMENTS
No comments were received.
Final Decision:
THIS DECISION IS FINAL ON OCTOBER 11, 2005 AND BECOMES
EFFECTIVE ON OCTOBER 26, 2005 UNLESS AN APPEAL IS FILED.
�A �eal:
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may
appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development
Code which provides that a written appeal together with the required fee shall be filed with the Director
within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule
and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard,
Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, subject to any additional rules of procedure that
may be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON OCTOBER 25, 2005.
Questions:
yoTf u i�ave any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503) 639-4171.
�..
��!�� ' ��, J� October 11 2005
ce r
socia�e anner
� October 11 2005
. ic ar ewers o
Planning Manager
NOTICE OF DECISION MLP2005-00001/TENY PARTITION PAGE 23 OF 23
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Geo�rge Teny MLP2005-00001NAR2005-00052
6685 SW Sagert St. #7 TENY PARTITION
Tualatin, OR 97062
George & Jenna Teny
9200 SW Edgewood Street
Tigard, OR 97223
Wally Miller
305 SW 144th Avenue
Beaverton, OR 97006
April Sabbe
9175 SW Edgewood Street
Tigard, OR 97223
Robert and Bonnie Bunger
9215 SW Edgewood Street
Tigard, OR 97223
Nf FI DAVIT 0 F MAI LI N G CITY OF TIOARD
('oninru�rity•l�cz�elopmeitt
S(wpingA rdetterCommunity
I, �PatriciaL.Lunsfor�l;being first duly sworn/affirm, on oath depose and say that I am a SeniorAdmim'strat�rveSpeciaCutfor the
City of 2"�gard, `Washington�ounty, Or�gon and that I served the following:
{Check Appropriate BoKls)Belowf
X❑ NOTICE OF DECISION FOR: MLP2005-OOOOI/VAR2005-00052 — TENY PARTITION
❑ AMENDED NOTICE (File No./Name Reference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked ENhlbl["A", and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Exhlblt"B", and by reference made a part
hereof, on OCtObel'11,2005,and deposited in the United States Mail on OCtOb61'11,2005, postage prepaid.
- .. +
. �
(Person tha repar N '
,57,A7E O�F O�GON �
County��lNashrngton �ss
City of igard ) �
Subscribed and sworn/afFirmed before me on the� day of �� , 2005.
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SUE ROSS
`����"�� NOTARYPUBLIC-OREGON
'� COMMIS�ION tJO.375152
r���v�oMMissioal���,�ES oEC i,�o�� ,
My C mi ion Expires: �02 `"�" d �
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� NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2005-00001 CITYOFTIGARD
Comminiity��Uecc(opment
TENY PARTITION srap=ng���tt�.con�mun=ry
120 DAYS = 12/9/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: TENY PARTITION
CASE NOS: Minor Land Partition (MLP) MLP2005-00001
Adjustment (VAR) VAR2005-00052
PROPOSAL: The applicant is requesting Minor Land Partition approval to create a three-lot
partition on a parcel of land containing approximately .72 acres. This partition will
create Parcel #1 with a proximately 7,810 s uare feet, Parcel #2 with 9,156
square feet, and Parcel p#3 with 10,600 square feet. The applicant has also
applied for an Adjustment to not construct a fire apparatus turn around, but instead
sprinkle the future house on proposed Parcel #3.
APPLICANT: Wally Miller OWNER: George Teny
305 SW 144th Avenue 6685 SW Sagert St. #7
Beaverton, OR 97006 Tualatin, OR 97062
COMP. PLAN
DESIGNATION: Low-Density Residential District.
ZONING
DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory
residential units at a minimum lot size of 7,500 square feet. Duplexes and
attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally.
LOCATION: 9200 SW Edgewood Street; WCTM 2S102DC, Tax Lot 1700.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370 (Variances and Ad'ustments)
18.390 (Decision-Making Procedures); 18.420 (Land Partitions�; 18.516
Residential Zonin� Districts); 18.705 (Access Egress and Circulation); 18.715
Density Computations); 18.725, (Environmental Performance Standards); 18.745
Landscaping and Screening); 18.765 (Off-Street parking and Loading
eq uiremenfs); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas); and
18.810 (Street and Utility Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in the full decision, available at City Hall.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
All documents and applicable criteria in the above-noted file are available for inspection at no cost or
copies can be obtained for twenty-five cents (25�) per page, or the current rate charged for copies at the
time of the request.
SECTION III. PROCEDURE AND APPEAL INFORMATION
Notice:
o�tice mailed to:
X The applicant and owners
—� Owner of record within the required distance
—� Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON OCTOBER 11, 2005 AND BECOMES
EFFECTIVE ON OCTOBER 26, 2005 UNLESS AN APPEAL IS FILED.
�A �eal:
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversel� affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may
appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community
Development Code which provides that a written appeal together with the required fee shall be filed
with the Director within ten (10) business days of the date the Notice of Decision was mailed. The
appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW
Fiall Boulevard, Tigard, Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that
may be adopted from t�me to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON OCTOBER 25, 2005,
Questions:
o��r information please contact the Planning Division Staff Planner, Mathew Scheide er at
(503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 7 .
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ABBOTT TERRY A&LAURIE J FISHER ANTHONY C EXH I B IT�.
8995 SW EDGEWOOD ST 1300 GLENMORRIE DR
TIGARD, OR 97223 LAKE OSWEGO,OR 97034
2S 102 DC-00101 2S 102 DC-D0302
BAILEY LAWRENCE E II/ROSELLA K FISHER ANTHONY C
9355 SW EDGEWOOD ST 1300 GLENMORRIE DR
TIGARD,OR 97223 LAKE OSWEGO,OR 97034
2S102DC-00400 2S102DC-00502
BOTHWELL ANNE M FULLER ROBERT E AND
9265 SW EDGEWOOD ST DONNA M
TIGARD, OR 97223 9130 SW OMARA ST
TIGARD,OR 97223
2S 102 DC-00402 2S 102 DC-01800
BUNGER ROBERT MANFRED& GEDNEY FRAYNIE M TRUSTEE
BONNIE JEAN TRUSTEES 9400 SW PANORAMA PL
9215 SW EDGEWOOD ST PORTLAND,OR 97225
TIGARD,OR 97223
2S102DC-01500 2S102DC-00200
CALDWELL KIMBERLY D GEOFFROY DOUGLAS B
PO BOX 1756 9325 SW EDGEWOOD
HILLSBORO,OR 97123 TIGARD,OR 97223
2S102DC-01603 2S102DC-020D1
CLARK PAUL E BETTY J GETSINGER EVELYN M FAMILY TRUST
9160 SW EDGEWOO� BY GETSINGER EVELYN M TR
TIGARD,OR 97223 9400 SW EDGEWOOD
TIGARD,OR 97223
2 S 102 DC-00301 2S102 D C-01601
CRANDALL PRISCILLA J GILCHRIST EARL J NONA
9270 SW OMARA ST 9100 SW EDGEWOOD ST
TIGARD,OR 97223 TIGARD,OR 97223
2S 111 AB-00400 2S 102 DC-02200
DITTY JOSEPH MICHAEL& HENNINGSEN AGNER TRUSTEE
PAMELA J 9295 SW MCDONALD
9100 SW MCDONALD TIGARD,OR 97223
TIGARD,OR 97224
2S 102DC-00512 2S 102DC-00508
EARDLEY DIANNE& HODAPP ELDON J&JUDITH L
MCLOUGHLIN STUART 9210 SW OMARA ST
PO BOX 91278 TIGARD,OR 97223
PORTLAND,OR 97291
2S102DC-00100 2S111A8-00500
FIELDS STEPHEN&CHRISTINE A HOLM JAMES H 8
9370 SW OMARA ST WILSON KRISTEN L
TIGARD,OR 97223 9150 SW MCDONALD ST
TIGARD,OR 97224
•2S102DC-01400 2S102DC-00506
HURLBUTT WILLIAM M&CHRISTINE MUELLER ROLF K&NANCY J
8990 SW EDGEWOOD ST 9190 SW OMARA ST
TIGARD, OR 97223 TIGARD,OR 97223
2S102DC-02000 2S111A8-00800
KANDZIORA GABRIELA OGBURN HELENE N
PO BOX 231195 14080 SW 93RD AVE
PORTLAND,OR 97281 TIGARD,OR 97224
2S102DC-00403 2S111A8-00900
KING SCOTT G& ELIZABETH A OGBURN HELENE N
9235 SW EDGEWOOD ST 14080 SW 93RD AVE
TIGARD, OR 97223 TIGARD,OR 97224
2S102DC-00510 2S111AB-00700
LARSEN PAUL ANDREW AND OGBURN HELENE N
LORI MEG 14080 SW 93RD AVE
9115 SW EDGEWOOD TIGARD,OR 97224
TIGARD, OR 97224
2S 102 DC-00507 2 S 102DC-00509
LARVIK KENNETH E& OTT GARETH S ANNE
NYOKA W TRUSTEES 9055 SW EDGEWOOD
9155 SW EDGEWOOD ST TIGARD,OR 97223
TIGARD, OR 97223
2S111A6-00501 2S102DC-01501
MAGLALANG JOSEPH V&FORTUNATA PALMER MARCIA R
1396 SE 65TH 9070 SW EDGEWOOD ST
HILLSBORO,OR 97123 TIGARD,OR 97223
2S 102 DG02300 2S 102 DC-02500
MAWHIRTER ARLIE L&IRENE TRS RATALSKY MATTHEW A&JEAN S
13960 SW 100TH AVE 8985 SW MCDONALD ST
TIGARD, OR 97223 TIGARD,OR 97224
2S102DC-00300 2S102DC-00202
MILLER SHANE A&MICHELE L ROUSSE ARNOLD WILLIAM
9220 SW O'MARA ST 9320 SW OMARA ST
TIGARD, OR 97223 TIGARD,OR 97223
2 S 102C D-04600 2 S 102 D C-00505
MITCHELL CARL R SABBE REMI &APRIL
9435 SW EDGEWOOD ST 9175 SW EDGEWOOD ST
TIGARD, OR 97223 TIGARD,OR 97223
2S 102C D-04700 2S 102 DC-00500
MITCHELL MICHAEL H SCHMIDT JOHN G&
9405 SW EDGEWOOD DEBORAH S
TIGARD, OR 97223 9000 SW OMARA ST
TIGARD,OR 97223
2S111A6-D3200 2S102DC-00511
SCHWARZER GERTRUD E&PETER H YEDINAK MARTIN J&CHRISTINE G
TRUSTEES 9090 SW OMARA
9330 SW MCDONALD TIGARD,OR 97223
TIGARD,OR 97224-5932
2S102DC-01900
SIMMONS STEVEN CRAIG&
JOELLE LOUISE
16308 SW CROMWELL CT
TIGARD,OR 97223
2S102DC-00501
SULLIVAN RICHARD A 8 SUZANNE P
9085 SW EDGEWOOD
TIGARD,OR 97224
2S702DC-01700
TENY GEORGE&JENNA
9200 SW EDGEWOOD ST
TIGARD,OR 97223
2S102DC-02501
VENZKE THOMAS&
BRYANT REBECCA
8989 SW MCDONALD ST
TIGARD,OR 97223
2S 102 DC-00404
WACHSMUTH LOUIS J 8�
CAROLE M TRUSTEES
9285 SW EDGEWOOD
TIGARD,OR 97223
2S 111 AB-00300
WALSH MICHAEL E KATHY E
9080 SW MCDONALD ST
TIGARD,OR 97223
2S111A6-00302
WALSH MICHAEL E KATHY E
9080 SW MCDONALD ST
TIGARD,OR 97223
2S102DC-02400
WINDRIDGE HOMES INC
11401 NW SKYLINE BLVD
PORTLAND,OR 97231
2S 102 DC-02100
WOODLAND HEIGHTS LLC
26 BECKET ST
LAKE OSWEGO,OR 97035
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Josh Thomas Gretchen Buehner
10395 SW Bonanza 13249 SW 136th Place
Tigard, OR 97224 Tigard, OR 97224
Kristen Miller
8940 SW Edgewood Street
Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Tim Esau
PO Box 230695
Tigard, OR 97281
CPO 46
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Joseph Dyar
10285 SW Highland Drive
Tigard, OR 97224-4668
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CITY OF TIGARD - SOUTH INTERESTED PARTIES (pg. I of I) (i:\curpin\setup\labels\CIT South.doc) UPDATED: 12-May-05
AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL
IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE
NOTICE THAT WAS POSTED ON THE SITE.
In the Matter of the Proposed Land Use Applications for:
Land Use File Nos.: MLP2005-00001NAR2005-00052
Land Use File Name: TENY PARTITION
I, Mathew Scheidegger, Associate Planner for the Citv of Tiqard, do affirm that I posted notice of the
land use proposal affecting the land located at (state the approximate location(s) IF no address(s)
and/o�tax lot(s) currently registered)
and did personally post notice of the proposed land use application(s) by means of weatherproof
posting in the general vicinity of the affected territory, a copy of said notice being hereto attached
and by reference made a part hereof, on the day of , 2005.
Signature of Person Who Performed Posting
h:lloginlpattyVnastersWffidavit of posting for staH to post a site.doc
MINOR LAND PARTITION (MLP) 2005-OO�OI /ADJUSTMENT (VAR) 2005-40052
REQUEST: The applicant is requesting Minor Land Partition approval to perForm
a three-lot partition on a parcel of land containing approximately .72 acres. This
partition will create Parcel #1 with approximately 7,810 square feet, Parcel #2 with
9, 156 square feet, and Parcel #3 with 10,600 square feet. The applicant has alc �
applied for an Adjustment to not construct a fire apparatus turn around, but instead
sprinkle the future house on proposed Parcel #3. L�CATION: 9200 SW
Edgewood Sfreet; WCTM 2S102DC, Tax Lot 1700. COMPREHENSIVE PLAN
DESIGNATION: Low-Density Residential District. ZONE: R-4.5: Low-Density
Residential District. The R-4.5 zoning district is designed to accommodate
detached single-family homes with or without accessory residential units at a
minimum lot size of 7,500 square feet. Duplexes and attached single-family units
are permitted conditionally. Some civic and institutional uses are also permittecl
conditionally. APPLICABLE REVIEW CRITERIA: Community Developme, __
Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.745,
18.765, 18.790, 18.795 and 18.810.
Further information may be obtained from the Planning Division (staff contact: Mathew
Scheideqqer) at 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503-639-4171 , or by
email to Matts _ci.tigard.or.us. A copy of the application and all documents and evidence
submitted by or on behalf of the applicant and the applicable criteria are available for inspection
at no cost and copies for all items can also be provided at a reasonable cost.
., ,
� ,
r � �'
PRE,APP.HELD BY: :: A✓_'�� ,'
CITY OF TIGARD PLANNING DIVISION —� — _
13125 SW HALL BOULEVARD TIGARD, OR 97223-8189 ,;EB � 2 1L���
�`�` 503.639.41711503.684.7297 ��'
CITY OF TIGARD �TY OF TICiAn!:�
OREGON LAND USE PERMIT APPLICATION `=��"`t � �ll� ���: �rs,..
File# ti1�P;�cv_� �t�t-�>� Other Case #
Date a-�a-�5 By �A'�' Receipt# a�O5- v�� City � Urb ❑ Date Complete�
TYPE OF PERMIT YOU ARE APPLYING FOR
❑ Adjustment/Variance (I or II) [a'IGlinor Land Partition {II) ❑ Zone Change (III)
❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV)
❑ Conditional Use (Iil) ❑ Sensitive Lands Review (I, II or III) ❑ Zone Ordinance Amendment(IV)
❑ Historic Overlay(II or III) ❑ Site Development Review (II)
❑ Home Occupation (II) ❑ Subdivision (II or III)
ress i avai a e
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ac is i more an one
S (;F /�/'�°�� ( /� vt
'When the owner and the applicant are different people, the applicant must be �purchaser of record or a lessee in
possession with written authorization from the owner or an agent of the owner. The ners must sign this application in the
space rovided on the back of this form or submit a written authorization with this a plication.
ease especiic 'I, T rr<� ;� i.LT� � /�/1 �:� L--� i
�� ✓ r/ il.�l;l tiT (.'�� 'L 1�w �IZ �� �vl'. �vtC. T, TwO N�w I_i�'�L�/vc,
s r�} w����� ..n r� c/'� A �n ,
APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET.
. ,\ .
t ► ` .
THE APPLICANT SHALL CERTIFY THAT:
♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the
terms and subject to all the conditions and limitations of the approval.
♦ All the above statements and the statements in the plot plan, attachments, and exhibits
transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based
on this application, map be revoked if it is found that any such statements are false.
♦ The applicant has read the entire contents of the application, including the policies and criteria,
and understands the requirements for approving or denying the application(s).
SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
(; < c��t.'Lc- �-�'-<--�--�- � ^�?�- f '�� �
Owner's Signature ` �� ��4� � Nv Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
� � ; .
l L�I��I ' �� - �.2� _ � �
Applicant/ gen Representative's SignatuPe Date
J �(/`-�LL�' �/J/�C s I'
ApplicantlAgentlRepresentative's Signature Date
�
, �
i cm orno�Ro
Community�e�t�eCopment
S�ia 'ng��detterCamrauni
LAND USE PROPOSAL DESCRIPTION
120 DAYS = 12/9/2Q05
FILE NOS.: MINOR LAND PARTITION (MLP) 2005-00001
ADJUSTMENT (VAR) 2005-00052
FILE TITLE: TENY PARTITION
APPLICANT: Wally Miller OWNER: George Teny
305 SW 144t" Avenue 6685 SW Sagert St. #7
Beaverton, OR 97006 Tualatin, �R 97062
REQUEST: The applicant is requesting Minor Land Partition approval to perform a three-lot partition
on a parcel of land containing approximately .72 acres. This partition will create Parcel
#1 with approximately 7,810 square feet, Parcel #2 with 9,156 square feet, and Parcel #3
with 10,600 square feet. The applicant,has also applied for an Adjustment to not
construct a fire apparatus turn around, but instead sprinkle the future house on proposed
Parcel #3.
LOCATION: 9200 SW Edgewood Street; WCTM 2S102DC, Tax Lot 1700.
COMP. PLAN
DESIGNATION: Low-Density Residential District.
ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square.feet. Duplexes and attached single-family
units are permitted conditionally. Some civic and institutional uses are also permitted
conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705,
18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810.
DECISION MAKING BODY BELOW: ❑ TYPE I � TYPE II ❑ TYPE III ❑ TYPE IV
DATE COMMENTS WERE SENT: AUGUST 30, 2005 DATE COMMENTS ARE DUE: SEPTEMBER 13, 2005
❑HEARINGS OFFICER [MONJ DATE OF HEARING: TIME: 1:00 PM
❑PLANNING COMMISSION [MONJ DATE OF HEARING: TIME: 7:00 PM
❑CITY COUNCIL [TUESJ DATE OF HEARING: TIME: 7:30PM
�STAFF DECISION [TENTATIVEI DATE OF DECISION: SEPTEMBER 22, 2005
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
� VICINITY MAP � PARTITION PLAT � TREE PLAN
� SITE PLAN � CWS LETTER � IMPACT STUDY
� NARRATIVE ❑ GRADING PLANS � OTHER:
STAFF CONTACT: Mathew Scheideqqer, Associate Planner (5031639-4171, Ext. 2437
�
March 22, 2005
cinr oF Ti�aR�
OREGON
George Teny
6685 SW Sagert St.
Tualatin, OR 97062
Dear Mr. Teny:
RE: Notice of Incomplete Application Submittal —MLP2005-00001
The City of Tigard received your application submittal for a Minor Land Partition on
February 22, 2005. The development site is located at 2S102DC, tax lot 01700. This
letter is to inform you that additional materials will be needed in order to deem your
application complete. The necessary materials are as follows:
1. Submit landscape plan.
Provide a plan that shows proposed street trees.
2. Submit Arborist Report.
The Arborist report must address the health/removal/protection/mitigation of all trees
on-site.
3. Submit a tree protection plan.
4. Submit tree removal plan.
5. Submit tree mitigation plan.
6. Apply for adjustment in order to vary fire apparatus turn-around (18.705)
In order to adjust 18.705, applicants must address 18.370.020.C.5 of the Tigard
Development Code.
7. Revise narrative to address all approval criteria of the appropriate chapters as
discussed in pre-application notes.
As is, your narrative does not address the approval criteria of the Tigard
Development Code. The Development Code is located on-line (www.ci.tiqard.or.us}.
For each of the chapters, you must address all applicable criteria. In addition You
must address chapters 18.510 (Residential Zoning Districts) and 18.715 (Density
Computations).
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
�
°;f
8. The items in the enclosed public facility completeness checklist must be
addressed. Any questions can be directed to Kim McMillan at (503j639-4171
ext.2642.
For the purposes of completeness review, please submit only 3 copies of the revised
materials. If the submitted materials are adequate, I will contact you promptly and ask
you to submit the remaining number of copies needed, and your two sets of envelopes.
If you have any questions, please contact me at (503) 639-4171, x2437.
Sincerely,
Mathew Scheidegger
Associate Planner
c: MLP2005-00001 Land Use File
,
L
PUBLlC FACILITYPLAN Project: .tv Partition
COMPLETENESS CHECKLIST Date: 3/3/05
GRADING
❑ Existin and ro osed contours shown. Use actua!datum for confours
❑ Are there radin im acts on ad'acent arcels? No
❑ Ad�acent arcel �ades shown.
❑ Geotech stud submitted?
STREETISSUES
� Ri ht-of-wa clearl shown.
Centerline of street s cl�arl shown. Show centerline
� Street name s shown.
� Existin / ro osed curb or ed e of avement shown.
❑ Street rofiles shown. Nq
❑ Future Street Plan: Must show street profiles, topo NA
on ad�acent arcel s , �tc.
❑ Traffic Im act and/or Access Re ort NA
❑ Street rades com liant? NA
� StreeUROW widths dir�ensioned and a ro riate?
❑ Private Streets? Less than 6 lots and width NA
a ropriate?
❑ Other:
SANITARY SEWER ISSUES
❑ Existing/proposed lines shown. Must address how this property will be
served- cite fhe future Sewer LID. Show
ro osed locafion of CIP ro'ect
❑ Stubs to ad�acent arcels re uired/shown? Show stubs
WATER ISSUES
� Existin / ro osed lines w/sizes noted?
❑ Existin / ro osed fire h drants shown?
❑ Pro osed meter location and size shown? Show ro osed meters af ROW and sizes
❑ Pro osed fire rotection s stem shown?
STORM DRAINAGE AND WATER QUALITY ISSUES
❑ Existin / ro osed lines shown? Show stubs to new lots
❑ Preliminary sizing calcs for water quality/detention Address drainage. Where is it going to go.
rovided? Provide downstream anal sis
❑ Water ualit /detention facilit shown on lans? Ma have to rovide detention
❑ Area for facilit match re uirements from calcs?
❑ Facilit shown outside an wetland buffer?
❑ Storm stubs to ad'acent arcels re uired/shown?
The submittal � hereby deemed ❑ COMPLETE � INCOMPLETE
BY� Date: 3/3/05
REVISED: 03/ /05
�-�
�
June 1, 2005 ° ' `�
CITY OF TIGARD
OREGON
George Teny
6685 SW Sagert St.
Tualatin, OR 97062
Dear Mr. Teny:
RE: Notice of Incomplete Application Submittal - MLP2005-00001
The City of Tigard received your application re-submittal for a Minor Land Partition on
May 26, 2005. The development site is located at 2S102DC, tax lot 01700. This letter is
to inform you that additional materials will be needed in order to deem your application
complete. The necessary materials are as foltows:
1. In order to adjust the fire apparatus turn-around criteria, you must address
18.370.020.C.5 in the Tigard Development Code.
2. In order to use existing trees as street trees, you must apply for an
adjustment, using the criteria of 18.370.020.C.6.a.
3. The items in the enclosed public facility completeness checklist must be
addressed. Any questions can be directed to Kim McMillan at (503)639-4171
ext.2642.
I am available to answer questions and otherwise assist you as may be required at
503-639-4171, extension #2437. Office hours are from 8:00 a.m. to 5:00 p.m. Monday
through Friday. If I am not available, please leave your name and phone number so
that I can call you as soon as possible.
Sincerely,
l��
M t ew Scheidegger
Associate Planner
c: MLP2005-00001 Land Use File
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772
25 ( �L.1� I �op �
��.�
PUBLlC FACILITY PLAN Project: �v Partifion �
.
COMPL�TENESS CHECKLIS i Dafe: ,,,,s/05
G ADING
Existin and ro osed contours shown. Use actua!datum for contours
Are there radin im acts on ad�acent arcels? No
❑ Ad�acent arcel rades shown.
❑ Geotech stud submitted?
STREETISSUES
Ri ht-of-wa clearl shown.
Centerline of street s clearl shown. Show centerline
Street name s shown.
� Existin / ro osed curb or ed e of avement shown.
❑ Street rofiles shown. NA
❑ Future Street Plan: Must show street profiles, topo NA
on ad'acent arcel s , etc.
❑ Traffic Im act and/or Access Re ort NA
❑ Street rades com liant? NA
� Street/ROW widths dimensioned and a ro riate?
❑ Private Streets? Less than 6 lots and width NA
a ro riate?
❑ Other:
SANITARY SEWER ISSUES
Existing/proposed lines shown. Musf address how this property wi11 be
served-cite the future Sewer LID. Show
ro osed location of CIP ro'ect
Stubs to ad'acent arcels re uired/shown? Show stubs
WATER ISSUES
� Existin / ro osed lines w/sizes noted?
❑ Existin / ro osed fire h drants shown?
Pro osed meter location and size shown? Show ro osed meters at ROW and sizes
Pro osed fire rotection s stem shown?
RM DRAINAGE AND WATER QUALITY ISSUES
❑ Existin / ro osed lines shown? Show stubs to new lots
❑ Preliminary sizing calcs for water quality/detention Address drainage. Where is if going to go.
rovided? Provide downstream anal sis
Water ualit /detention facilit shown on lans? Ma have to rovide detention
Area for facilit match re uirements from calcs?
❑ Facilit shown outside an wetland buffer?
❑ Storm stubs to ad'acent arcels re uired/shown?
The submitt I is hereby deemed ❑ COMPLETE � INCOMPLETE
By: Date: 3/3/05
REVISED: 03/03/05 5 ��''��
� u ST ADa�2� SS �ff�S �
�
�
June 14, 2005
,,�
CITY OF TIGARD
OREGON
George Teny
6685 SW Sagert St.
Tualatin, OR 97062
Dear Mr. Teny:
RE: Notice of Incomplete Application Submittal - MLP2005-00001
The City has not received the information necessary to begin the review of your Minor
Land Partition application. The development site is (ocated at 2S102DC, tax lot 01700.
This letter is to inform you that additional materials will be needed in order to deem your
application complete. The necessary materials are as follows:
1. Stormwater criteria have not been adequately addressed for completeness.
On-site stormwater disposal has been proposed, however, this option is only
allowed when there is no other viable option. Calculations and a sketch is
needed to show if a gravity storm system can be used to the ditch in SW
Edgewood as a first option, not a back up.
Can one or both proposed houses gravity drain to Edgewood? If not, you
must submit the percolation data for on-site dis�osaf to Hap Watkins for
review and approval. There must be an "approved ' system prior to deeming
the application complete.
2. Once the stormwater system has been deemed adequate, two sets of pre-
stamped, pre-addressed envelopes will be required. Contact Patty Lundsford
in the Planning Department for addresses and labels.
3. Once the two sets of envelopes are acquired, submit 15 sets of complete
application.
P/ease refer all questions regarding stormwater management to Kim McMillan in
the Engineering Department at 503-639-4171, extension #2642. Office hours are
from 8:00 a.m. to 5:00 p.m. Monday through Friday. If I am not available, please leave
your name and phone number so that I can call you as soon as possible.
Sincerely,
�
Mathew Scheidegger �
Associate Planner
c: MLP2005-00001 Land Use File
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772
—�----,
August 1, 2005
,
CITY OF TIGARD
OREGON
George Teny
6685 SW Sagert St.
Tualatin, OR 97062
Dear Mr. Teny:
RE: Notice of Incomplete Application Submittal — MLP2005-00001
The City has not received the information necessary to begin the review of your Minor
Land Partition application. The development site is focated at 2S102DC, tax lot 01700.
This letter is to inform you that additional materials will be needed in order to deem your
application complete. The necessary materials are as follows:
. Submit 15 copies of complete application packet.
. Submit two sets of pre-stamped, pre-addressed envelopes.
Property owner list must be produced by Patty Lunsford in the Planning Department.
If you have any other questions, please feel free to contact me at 503-639-4171, x2437.
Sincerely,
Mathew Scheidegger
Associate Planner
c: MLP2005-00001 Land Use File
13125 SW Hall Blvd., Tigard, OR 97223 �503) 639-4171 TDD (503)684-2772
Z 5 ( �Z.7�C l ?pp
�UBLI�C FACILITY PLAN Project: ny Partition
COMPLETENESS CHECKLlS i Date: 3/3/05
G ADING
Existin and ro osed contours shown. Use actual datum for contours
Are there radin im acts on ad�acent parcels? No
❑ Ad�acent arcel rades shown.
❑ Geotech stud submitted?
STREETISSUES
Ri ht-of-wa clearl shown.
Centerline of street s clearl shown. Show centerline
Street name s shown.
' � Existin / ro osed curb or ed e of avement shown.
❑ Street rofiles shown. NA
❑ Future Street Plan: Must show street profiles, topo NA
on ad'acent arcel s , etc.
❑ Traffic Im act and/or Access Re ort NA
❑ Street rades com liant? NA
� Street/ROW widths dimensioned and a ro riate?
❑ Private Streets? Less than 6 lots and width NA
a ro riate?
❑ Other:
SANITARY SEWER ISSUES
Existing/proposed lines shown. Must address how this property will be
served- cife the future Sewer LID. Show
ro osed/ocafion of C/P ro'ect
Stubs to ad�acent arcels re uired/shown? Show stubs
WATER ISSUES
� Existin / ro osed lines w/sizes noted?
❑ Existin / ro osed fire h drants shown?
Pro osed meter location and size shown? Show ro osed meters at ROW and sizes
Pro osed fire rotection s stem shown?
RM DRAINAGE AND WATER QUALITY ISSUES
Existin / ro osed lines shown? Show sfubs fo new lots
Preliminary sizing calcs for water quality/detention Address drainage. Where is it going to go.
rovided? Provide downsfream anal sis
Water ualit /detention facilit shown on plans? Ma have to rovide defention
Area for facilit match re uirements from calcs?
Facilit shown outside an wetland buffer?
❑ Storm stubs to ad�acent parcels required/shown?
7• 2q•OS
The submitt I is hereby deemed �] COMPLETE � INCOMPLETE
,/ \
By: Date: 3/3/05
REVISED: 03/03/05 5 ��! ���
� u5T AaaQ� SS �f�S �
�Ip,
CITY OF TIGARD
August 11, 2005
OREGON
George Teny
6685 SW Sagert St.
Tualatin, OR 97062
Dear Mr. Teny:
RE: Notice of Complete Application Submittal (MLP2005-00001)
The City has reviewed your submittal material and finds that your application is
complete as of 08/11/05. Staff will now review your application for Land Partition
Approval and associated applications. A decision will be rendered within 6-8 weeks.
I am available to answer questions and otherwise assist you as may be required at
503-639-4171, extension 2437. Office hours are from 8:00 a.m. to 5:00 p.m. Monday
through Friday. If I am not available, please leave your name and phone number so
that I can call you as soon as possible.
Sincerely,
Mathew Scheidegge�
Associate Planner
i:�cu rp Inlmathewlmlp2005-00001.COM PLETE.doc
c: MLP2005-00001 Land Use File
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
02'16'20@5 16:BB FIRST RMERICRN TITLE � 95036353540 PJ0.514 D0�3
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Geo=ge TlIIY " t�w.rw��.�a..�.�r��.wr�tiurT..s..
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�-s ehall be sant to che Eolla+ing addxeae= • °�°-- – —'--
Same ae abovt •
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� STATU70RY WARRANTY DEED •
tlsndiviaual) . . .. . .. .. .. . .. .. ._ ..
2 IA)�ave spsce Reeerved foz Rccordez'e Uec}
Fn
� yelQOy a. Hilliame and seaanc x. williama
cuavay� aod w�rr�nt� to
Geozg� Teny and JeqRa Teay, Bu6bsrld and wife
th� lollwlag de�eribeQ s��i proyerey ia ebe Steee e! Ozagee and Ceuaty ef Naahing�on
lras o! eae�sbrsnc��, asaept •� �psclElcally ■�t torth h�r�sn�
n traet of l�od lyi� in S�ctioa 2, Toru�hip 2 8onth, Aang� 1 R�st oL th� Millwtt�
ft.eidf�, aa1 baiag • pertiea eE Lee� 1� �ad is, YDG=fro0m. !n the city of 2lqard, Ceunty
of NasAiagton aad Btak� oi Oz�gva, •aid tzaet b�ing d��csib�d a� Eallow�, to-vic:
logion�n9 �t • yoiat in Lot l�, iDCtN00D, tioztb 09'�B' xaet Z60.�7 Eeat �nd 1POrcn 0•41'
aest ]6�.� teee fra� the Souehea�t eosaes of ■aid Lot 1�, Mhiet� point 1■ io tba roztLe�st
cornaz ot tLat tract coaveysd to Edrsra S. Joaneen, et 1Lx, by Gs�d in Dook 317, Paye 435�
tLeae• aorth 0'ii' M�1t 334.6 II��t to the �aorth llne oi Lot 1�� t1►ence gostb Y6•41' N�st
on tLa xoztL Sin� e! Lee� 14 �ae 15, �OLMOOA, 100 leot ca th� ia�c lioa of aLat trece
fCOAtSnued)
Tau Accounc NumDerlsl:
This prepartp i� free o1 �ac�mbzanc�s, S7CC8DT:
Cov�nanto, condit3ona, reezzictione, rigDce oP way, eaermen�e aM reeervationo now of
recozd.
WASYII�GTON COUNTf
REAL PRppERTv Tpq�y5FER TAJf
s a�e4.eo 5•tb�o3
The arue consSQeraaion for this coa�eyaace ie 5249,DOO.00 FFEPNO D�TE
1725 I115TRIIl�P 1t2LL ]l0? ALLOM IIB= 0� T1R �IODiRTT Df9C7tZ� ZY T3I5 IASTRDD�AT ZH VIOI.�-
TIOA OT A1YLTC#3Lt LiNfD D81 LIIlf3 ]IIiD Y=GIILJ.TZO�S. 1E10u BI�CZ11'0 OR 1��Cil7ZIIC TdI1 INS7RD-
�!'. TlE PBSDM LCQOIASIp � 22Sf.= TO T� F1tOPBATT SSOQLD C�Q MI1R S7iE A9PROPRZA'n ClSY
OA C041QSY ps.71NMi1lO �YP7►R77a1PT TO V�x� JVy�tpVlD DBiB NJD 70 DiTiA17YE AIiY LIYST� O1C L�11-
SIIZTS aW�BT fAA!{I110 OR /ORl9! P�JICTIC18 1LS Dslnlm Af O�E 70.970.
DATED [hie �3� dey of May, 1003.
G�..��., ��c:....�, n..p,.,,e �. ���.¢� �.
De2Roy D. xilliams ennnc K. Hilliams
,� ac�-�.� � ����
STATE OP OREOON, COUN'PY OP Clackaraaeyes.
The fozegoing irwtrumeae w�s aekn�vledged before me this �day of Msy, 700�, by DelRoy
n. williamo �nd Jaannc X. ililli�nu.� �.1Ro,� Q W�1��rtwS, `i,,, p�rncy �4�c�
I �
No�ary Public for Oregon
My Commiaeion exp�ree� E l3 ��fl CH
I ��pyp�UC.OFEWH
CONMrNSS�������
►ff f�Al�
i
Ordsr No.: l373989w
I
0�%lbf�005 16:0B F1RST AMERICAN TITLE � 95036353540 _ N0.514 D��4
� . 9TATUTbRY MAARANTY DBEU
� �COtST INV¢D 1
• 1.scAL DESQiZPSSO2i (COritSnued) Order No.: 433398Bw
coaveyad tv Aex �nd �r�ynie 1S. G�da�y by dead r�corded Deceab�r �9. 1961 in Eook �55, Page
2t1, Msshiaqtoa County D��d reeorde; ch�nce seueL 0•al' W.�e parallol vitl+ ehs ta�! line
et aaid I.oe 14, • dlotanee o! 334.i feac to tha �+_� line oi •�id �ohn�on tr�et� thsac•
se�th 6�•41' R�et oa tlr 1lorta lio� of •�id JoLaeoa tract, 100 t��t to tha plae• o!
beq�neiuy.
�
�I
� ���I�����I�������(f�
2�03-7Bq24
-`. ' \
.. ._ ~ '�-' �,� '',
4
� ;� �
. .. _ ... 1�11 i
�1 _' -" � ,n � �tQO� ' ,, � File Numba � (} /'
�_� � � r v
�lean'��€�' ��rvi�s �1-�" Sens ' -Screening Site Assessmerrt
Our cumrr�itm�at is ciear. �Y,_�
,�
' � , � ` • Date �':� _ �i - �i
Jurisdiction " ��
Map 8 Tax �ot ' �`l "S% �� c� T� 1�"Owner �c G`w a� .����
S'tte Add�ess � 'i' d' ' ' �
Contact +/ _�G I�/��L � .�
Proposed ACtivity �-�-G i ci•ti�:'T'� V� Address
Phone �_ ���!- /5�`L-
OlFicla!use only bebw this line
Y N NA Y N NA
� ❑ � Sensitive Area Composite Map Stormwater Infrastrctcture maps
Map# .2,5'lc�J _ ❑ ❑ � QS# tiY�o
LocaAy adnpted studies or maps n � � Other
❑ ❑ � s���r �,�.� specify �no� .�►�at_
Based on a review of the above Informatton and the requirements of Clean Water
Services Design and Construction Standards Resolution and Order No. �d-9:
[� Sensttive areas potentially extst on stte or within 200' of the site.THE APPLICANT
MUST PERFORM A StTE CERTIFICAT70M PRlQR TC� lSSUANCE OF A SERVICE
PROVIDER LET�'ER OR STORMWATER CONNECTION PERMiT, if Sensit€ve Areas
exist on the site or withfn 200 feet on adjacent properties►s Natural Resources
Assessment Report may atso be required.
� Sensttive areas do not appear to exist on site or wifhln Z00' ot'the sits.This p�e-
screening site assessmeRt does NOT elimtnate the need to evatuate and protect
yvater quafity sensitive aress if they are subsequently discovered on your
property. NO FURTHER SITE ASSESSMEt�T OR SERVICE PROVIDER LETTER IS
` REQUIRED.TH1S FORM W1LL SERVE AS AUTNORtZATION TO ISSUE A
STORMWATER CONNECTION PERMIT. _ .
� The proposed acti�ity does not meet the definition of development. NO S1TE
ASSESSMENT OR SERVICE PROYIDER LETTER!S REQUIRED.
Comments:
/3.�..,/n� re� d � �r�.rl d�ri�� ��.r..n�� �1., � G�rt%_1!'P
— �� !
dyq,
-7' ' •
Reviewed By: ��''� � -��" Date: �,�g,�i 3le �
�.` �
Returned to Applicant
Mail�Fax Counter
Date �;�,�, �v BY.�
zsso sw H�s�H�y•H�u$�o.o�eQO� s7txi
Phone: (503)681-3805�Fa�c (503)fi81�439•�vww cka�+wetzescrvic�s.or�[
, GILBERTSON
���������
�`;:`�; t} � 20��
ENGINEERING � �' � June 8 2005
City of Tigard Planning ��� f �� � �u���� �
attn: Matt Scheidegger �u��'���� ���������
13500 SW Hall Blvd. '
Tigard, OR 97223
re: Application for partition at 9200 SW Edgewood
Matt: Here is a re-retilsed supporting material for our application, at your request.
NARRAT`IVE
(demonstrating compliance with applicable development standards and approval criteria(as specified im the
Pre-Application Conference notes)).
DECISION MAHING PROCEDURE(18.390)
A preapplication conference was held on January 28, 2005. A Type II application was submitted
about February 22, along with a check for$3,434. This narrative is providing further requested
information, along w�ith a check for an adjustment to the turnaround standards. Two sets of pre-stamped
and pre-add.ressed envelopes for all the property owners of record as specified by the City of Tigard will
follow w�hen the application is declared complete. A copy of the current deed, an impact study, and
preliminary development plans are also included. .All the pro�isions of 18.390 are understood and agreed
to.
IMPACT STUDY(18.390.040)
This proposal would generate traffic from two more families, estimated at eight round trips per day.
The volume of existing traffic is light to medium on this "Neighborhood Route". Traffic is slowed by the
nanow width (approx. 19') of the pavement, and not by number of vehicles. The current "bikeway"
consists of sharing the road with cazs;that bikeway would not be icnpacted by a few more cyclists. We
e�cpect to pro��ide Restrictive Covenants in order to cooperate with future street improvement projects.
This proposal needs a "sanitary" sewer system While that doesn't e�rist now, construction of a
public sewer is scheduled for later this year. It is known as project# 31; see Greg Barry for more details.
That sewer can provide services for all three proposed parcels. The existing underground disposal system
will be deconuuissioned.
The existing water line is 8" diameter ductile iron, and has a static pressure of approx. 95 psi(City
records). That line can meet the e�ra demand from two more residences,mcluding fire flows to sprinkler
systems.
There is not a formal drainage system for this neighborhood. We propose to dispose of runoff
much the same as is existing. That is, splash blocks or underground soakage trenches for roof runoff, and
percolation into gravel shoulders for the proposed paved driveway. This concept will be conditioned upon
a satisfactory soils report from a geotech. If appropriate, a fee-in-lieu of will be paid to meet Clean Water
Services requirements. As a backup plan, runoff can be piped to a shallow ditch in Edgewood. �°
543 THIRD ST.,#C-3
LAKE OSWEGO, OR 97034 � �.
{503)635-7590
FAX(503)635-3540
The impact on the parks system is hard to quantify. There is no known documented overuse of
nearby park facilities, so the demand from rivo more homes is likely to have negligible impact.
Noise im�pacts will be modest, and consistent with earisting noise leveLs of this residential
neighborhood. No commercial or industrial uses aze proposed for this project.
LAND PARTITIONS (18.420)
The applicant understands and agrees with all provisions of this chapter. Given on-site disposal of
runo� and construction of a public sewer in 2005,there will be adequate public facilities available to serve
this proposaL All parcels w�71 satisfy the zone requirements of 7,500 s� average width of 50 ft., maximum
bldg. height of 30 ft. (25 ft. for the two flag lots), 20 ft. front setback, 5' side setback(except for 10'for the
two flag lots), and rear setback 15 ft.
RE5IDF;NTIAL ZONIlVG DISTRICTS (18.510)
This project is m the R-4.5 Low Density Residential District,which allows detached single-family
homes with a minimum lot size of 7,500 s£ This project satisfies that criteria.
This project satisfies both the minimum and malamum density requirements(see analysis for
18.715). We expect to comply with all applicable development standards of the R 4.5 District, except
perhaps for the turnaround requirement. Those include minimum lot size of 7,500 s� (actual minimum
aver 7,700 sfl;and average u�inivmm lot width of 50 f�. (actual average is over 90 ft.). The setback
requirements of 20' &ont and 5'front can easily be met with the existing and future houses. The side
setback for the existing house w�l be 27' ai�er the garage is removed.
DENSITY CAL,CULATIONS {18.715):
The gross area of the project is 31,400 s£ Subtracting for an anticipated 7 ft. dedication for right
of way leaves 30,700 s£ The ma�num number of units is calculated from 30,700/7,500=4.1 units. The '
minimum number is calculated at 41 x 0.8=3.3 units, rounding down to 3 units,which is what we are
proposing.
ACCESS (18.705 & 18.76�)
. We anticipate using the(vicinity ofl existing driveway to serve Parcels 2 and 3,while allowing
Parcel l to have its own access from S.W. Edgewood St. The d.riveway for two houses is planned to be 10
ft. of asphalt with four ft. and two ft. gavel shoulders, for a total of 16 ft. City minimum is 15 ft. wide, as
it is for Tualatin Valley Fire and Rescue. TVFR has mdicated that they w�71 not require a turnaround if the
house on Parcel3 has an automatic sprinkler system. The owner of the property desires sprinkling for
Parcel3, because it is value added to the cost of a home. The spatial requirements for a turnaround, �
especially with the recently increased requirements,will significantly reduce the usable area of Parcels 2
and 3. Please find a check to cover your adjustment request fee_ We w�l bring a written sign-off from
TVFR on approximately June 15.
SPECIAL SETBACKS AND HEIGHT RESTRIC'I`IONS (18.730)
21�
Both proposed flag lots(parcels)will have 10 ft. side setbacks from the 16'wide access(or
property line, whichever is more restrictive). The existing house(Parcel2)is about 15 ft. Iugh. The future
house on Parcel3 will be less than 25 ft.high.
LANDSCAPING (18.745, 18.765, 18.705)
Street trees will be planted as required,both on the south side of Edgewood St. (not shown) and on
the west side of the driveway for Parcels 2 and 3. Spacing w�l be 20 to 40 feet, depending upon the
particular species used. These trees will follow City guidelines with regard to diameter and species. �
PARI�NG (18.765, 18.706)
One off-street parking place(9'�c19')will be provided for each ParceL Typical locations are shown
on the map.
CLEAI�TWATER SERVICES BUFFER STANDARDS
According to the lctter from CWS of 12/13/04 (see copy),there are no sensitive areas witlun 200'
of the site.
TREE REMOVAL (18.790.030.C)
Nine trees are proposed for removal; see the accompanying arborist's report and "Tree Plan"
drawing for full details_ A satisfactory mitigation plan is expected to be submitted as a condition of
approvaL �
CLEAR VISION AREA (18.795)
The required clear vision area (60' x 30')exists, as measured&om a line 27 ft. from centerline right
of way.
STREET PLAN (18.810.030.F)
There are no "proposed future streets from the boundaries of the proposed land division". The only
existing street is SW Edgewood,which runs west from our north boundary over 900 ft. to Omara St., and
over 700 ft. east before turning north.
LOT DIlVIENSIONAL REQUIlZEM�NTS (18.810.060)
The minimum lot frontage is 15 ft. for Parcels created by partition; our smallest frontage proposed
is 16 ft. The Parcels aze approximately square,with the largest ratio of depth to width being about 1.07
for Parcel2,which is less than the maximum allowed of 2.5. Each parcel is]arger that 7,500 sf.
BLOCKS (18.S 10.040)
;
There will be no blocks formed by this land division,
�TREE�' AND UfiILITY STANDARUS (18.810)
� ��
. _.
No public street improvements are anticipated with this proposaL However,the owner will agree
to restrictive covenants(or "waivers")in order to cooperate with future street improvements for the
neighborhood.
Matt: if you need more information to approve this project, please call me at 635-7590, or Email at
pythag@qwest.net.
Sincerely, �
�� � �
Doug Gilbertson
i
�/ �
FOR GEORGE 7ENY T R E P LA N
� TL 1700, 251, 02DC �
wrr
i
SVI��D G E W 0 0 D S T,40' RIW CENTERLINE R/W
_ _
_____ M
_____________________
M---- -----�---M---- 85 PSi
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12
�R PARCEL 1 � ,� �
. !�„� �R 7,B10 SF I ' 1 AF{,14 \�P ST.
�"M' I il ,2.
� �15 G P
R �
Qp�' pa' EDGEWOOD 5T.
0
� .....��..... . „ W m
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�PLUA� �
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4 �
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� ; � .R� � TL 1 603 NTS
� EXIST HOUSE AT gZ00 � L E G N D
� x PARC E�L P�=, �
� v ,�y ' V � t � � O UTILIiY POIE
O m� r---�
� R i Q "�yN+l PROPOSED OFF-STREET PARKING
c- m�
I���� DECK ,� m � N NOTES
TOP, TOE, OR CROWN s�s4 xx
J ` � rt I� -�"��'"�'�'��--��� 2�Q J�iM1EfER PND SPECIES OF TREE
F-
� �� �E � R I —X X— FENCE �RREE TO BE REMOVE�
N2
e n� N s�n¢r r�t[ro ee�urtco
�4 n 8 WATER MEfER
� _.-�= SEfBACK LI IT
' �3 � EASEIAENT LIMIT • FOUND SURVE'( MONUMENT
s CONTROL POINT
— — — — EX�STtNG DGE OF GRAVEI
PARCEL 3 � ExtSnpG � 4) 2' FIR TREES ARE PROPOSED TO BE PLANTED EYERY
. -------------- � ,���
0 10,600 SF PROPOSED EDCE PAVEMENT �i �"�'m'"^�"�� 20', 2.5' WEST OF THE PROP. D/WAY ASPHALT, !S SHOWN.
� ' 1 ��������������' FENLE MLL BE 0'NIOH ORANGE PIASIIC
YESH SEIXIRED TO E'MEfM POSIS IN ME WlOUND,
• OR 6'NILM SfEEI FENCINC ON CONCREIE BLOCNS.
� R6Ei1 70 MBORISPS REPORT fOfl Y011E OEpl45.
$ - - _ JI
�p� �Rnce�nnniw c.o.T. G�LBERTSON
- �^�'v 513 THIRD ST., dC-3
�'°! � � LN(E OSWECQ OR
9703t
�� (503) 635-7590
SCALE: 1�� _�' ENGINEERING FN( 635-3540
TL 2�QQ NB�4137 "W 60 37' �3L
N ' S'00"N
I
FOR GEORGE TENY I T E D EV E L P M E I�T P LA N '
� TL 1700. 251, 02DC
oMx
I
_
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s �� o o s T..o� R,W CENTERLINE R/W P R E L I M I N A R Y P A R T I T I 0 N P L ,
ROX �OCAT N F�TU 5 T_---5
�___ _ ��____ __- _ _ __ ROP. i �5 ��� 95 PSi
M M e' p wATER
t�ca�c �xr —... _
� .. . . . . t__ ��u�a�
150.0 '
7 D 6K;A N � NBe 4f'00'W
8 ) 2 —
CESS OA1 EDGE OOD) 6 I .S`'° �
q—` — I
PROP. ROOF
\1 I AINACE TO DKCN I I � R "+-
R PA CEL 1 � , �
� ST,
. � 1 ��P
I I �C'�G �P
j � ih i Q� pa' EDGEWOOD 5T.
1" �
� — � � � �
� / I � NCDONALD 5T. �
—' �i DATE : WED JUL 27 14:57:Ot 2005
o�u � � � PROJECT : 0473
1 -M � � �TITLE : ROOF DRAINAGE SCHEME
ru �m ; Z i 1 6'
W VICINITY MAP
� � ' ; �' TL 1 603 NTS
' LEGEND
� ExISi HoUSE ai 9200 �
PARC�L ' �
� �
� x i t =
O " 'm 1D.8 0 SF �' i i Y� � • o s uriurv ao�E
Q � PLU POLE x � m� r---i
� �i�� v�p o o ��NiKINCI PROPOSED OFF-STREET PARKING
U � ' Q i �• ��19_.
DECK �z.� � � NOTES
� I o�
-J � � � �� � 1 '-�I a -� �� � �- - --� � -� -��� TOP, iOE, OR CROWN 2�YR���q��ER AND SPECIES OF TREE
�-- a g 1 a �e1
� i P�E j �II —x X— FENCE 1) E%CEP? FOR RUNOfF FROM FUTURE ROOFS, DRAINAGE PAT�fERNS
' RPJN IE��. � � a 1 WILL BE UNCHANGED. PROPOSED D/w
� —S—g— FUTURE S ER (PROJECT �31j `MlL SLOPE TO WEST.
E� !'o 'N 8 wATER METER
R rPnt�Ki c� — —_ — SETBACK LI i7 2,4'RGRAVEL�SNOU DERS fwESTA 2' GRnVEI SH�OULDERS EAST.
I
Iff � � �� � E0.5EMENT LIldIT • FOUND SURVEI' MONUMENT
I� !y — - - —-� J) 0.5 REqUtRED BY C�TY, ROOF ORAINAGE FROM aARCELS 2 MlD 3 WILL BE
I A A CONTROL POINi CO�LECTED INTO 4" AND 6" PIPES AT 1%, AND ROUTED 70 A PROPOSED
— — — — EXISTING DGE OF GRAVEI DRAIN SYSTEM IN TL 2300.
P C E L 3 � E��.�N�
1 ,600 SF EDGE PAVEh�ENT
4" ROOF D AIN _____PROPOSED
F�ITURE H USE TO BE S RINKLED $
I I a
$ - J
� VEFfICAL DANM c.o.r. GILBERTSON
IR �^\
O� //�' S4J TMIRD Si.. �C-3
rcn LAKE OSwEGO, OR
�\BY �RUEN�NMC�E1 Rp FROAIg�T�HE SE C RqN�ER��OFp THgE EEXISTiNG ��� 9703�
THI55 SCHEAIE WIlL2DMlAGE�S PLHTREES,HAND�WILL REOUIRE EASEMENTS �� v (SOJ) 635-7590
SCALE: 1�� _ .3�� ENGINEERING FA% 635-35�0
ACPJNST PARCEI 3 AND TL 230
TL 2300 ��a�'�a"N NB264f300"N
FOR GEORGE TENY P R E L I M I N A R Y G R A D I N G P LA N
I o�wt.
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EXiST HOUSE AT 9200 � L E G N D
PARC�L '
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nl U� • m�
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1'a� li�
j �1 —x x— FENCE
� a� iW EXISTING NTOUR
� � 10p PROPOSED ONTOUR B WATER MEfER
2pQR _ , _ . _ SETBACK LI IT
�
�� � � ' _____, EASEMENT LIMIT • FOUND SURVEY MONUAIENT
�CONTROL POINT
— — — — EXISTING DGE OF GRAVEL
P CEL 3
� i ,soo sF
0
� I I S
� - J
io 2�°E F°^n �cnncu onTU�+c.o.*. GILBERTSON
i,38' � � 513 TNIR� ST.. /C-S
�'0ti � LAKE OSWEGO, OR
97034
�� (503) 635-7590
SCALE: 1 = 30� ENGINEERWG F� 635-3540
110.37' 260.37'
N '�1'00"N NBB'41'00`W
�-
FoR GEORGE TENY E X I S T I N G 0 N D I T I 0 N S M A P �
�
� 7L 1700, 251, 02DC �
oi.n
i
_� �.SUV��DGEWOOD� sT.4o� R,� CENTERLINE R/W P R E.�I M I NARY PARTITI O N L ,
____- M
� -� � �
__________3_____-___ 93PSI NBB4�'DO"W � � ',�--
_ M ______Q_____
�'� -�. ............... . ' M --
� " -�� G M +v wNC cuiwna7ER ��,_
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QP�' O� EDGEWOOD ST. ,
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�"' I VICINITY MAP
� � TL 1603 NTS
E%5T HOUSE AT ,92� ��, L E G N D
�n .X �Q� �'P z
0 � o ♦ UTIUTY POLE
� � m°
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� ��IAMETER AND SPECIE$ OF TREE
t+�E I —x x FENCE
yy
�L
8 WnTER MEfER
�R � • FOUNO SURVEY MONUMENT
o CONTROL POINT 3)�
— — — — EXISTING DGE OF GRAVEL
�oor
F)CISTINC
PROPOSED
EDCE AVENENT TF
______________' TC
` T
�
� � I ^
�p� VERTIGL DATUN c.o.r. GILBERTSON
� � 543 THIRD 57., �C-3
r cn � LAf(E OSwEGO, OR
97034
�� (503) 635-7590
SCALE: 1 = 30� ENGtNEERING F.4x 635-75a0
TL 2300 ' ° ' 2� �
N8 '4]'00'M N88'4]'00'W
7
r
�o r
�
,
9200 SW Ed ewood St. 4/15/OS
Tree Plan for 9200 SW Edgewood St.
This Tree Plan is written at the request of Mr. Wally Miller, for the property
located at 9200 SW Edgewood St. in Tigard, Oregon. As directed by Chapter 18.790 of
the City of Tigard Municipal Code, the health, removal, protection, and mitigation of
trees are addressed.
There are fifteen trees on the subject property, where"tree"means a standing
woody plant,or group of such, having a trunlc which is 6 inches or more in size when
measured at standard height. Tree species and their frequency aze shown in the Tree
Table below. The following species are present:
Apple (Malus sp.)
Cherry(Prunus sp.)
Douglas-fir(Pseudotsuga menziesu) � � � '� " �_.�
Grand fir(Abies grandis)
Oregon myrtle (LJmbellularia californica)
Pissard plum(Prunus cerasifera) �.�.�,
Port Orford cedar(Chamaecyparis lawsoniana) ���'s�n�?r
Scots pine (Pinus sylvestris)
Exempt Trees
Thirteen trees are larger than 12 inches in caliper, as defined by 18.790.020.6. Six
of these are hazardous trees, by reason of disease or other condition, and all six should be
removed from the site. Hazardous trees are not subiect to the Mitigation Requirements of
18.790.030.
• Tree No. 1 (T1) is a cherry tree in terminal decline. Approximately 90% of its
crown is dead.
• T2 is an apple tree with approximately 80% live crown.
• T 12 through T 15 are Port Orford cedar trees that are infected with Port Orford
root rot. This soil-borne disease infects roots and spreads from tree to tree through
root grafts. It also spreads through the movement of infected soil and water. There
was once a much larger hedgerow of Port Orford cedar here, and all except these
four already died.
• Two healthy trees here, No. 5 and No. 6, are not larger than 12 inches in caliper,
and can be removed or voluntarily retained. Root protection zones(RPZs) for
these trees are given in brackets, in the Tree Table.
Tree Removal
Three non-exempt trees larger than 12 inches in caliper will be removed.
• Tree 3, a Douglas-fir, will be removed to build a house on Parcel3.
Multnomah Tree Experts, Ltd. Page 1 of 4
M
9200 SW Edgewood St. 4/15/OS
• T7 and T8, a Douglas-fir and a grand fir, will be removed to build on Pazcell.
Trees to be removed are marked on the Tree Plan map. The project arborist will
flag each of these with yellow tape before grading and clearing operations begin.
Mitigation
The retention rate for subject trees at this site is 57%. Chapter18.790.030.B.2.c.
requires a 50% mitigation rate. Because the trees aze too large to be replaced, Mitigation
Option E. of Chapter 18.790.060 will be initiated. At the rate of$125 per inch, 50% of 86
inches yields$5,375 as the"in lieu of replacement"payment to the City. If the owner
wishes to modify this option by partial replacement on the property, a City Planner
should be consulted and the replacement trees should be indicated on the landscape plan.
Tree Preservation
Four trees lazger than 12 inches in caliper will be preserved, and these require
protection from construction damage.
• T4 is an Oregon myrtle that requires an 18 ft. root protection zone.
• T9 is a grand fir that requires a 16 ft. RPZ.
• T10 and T11 are Scots pine trees that require 14 ft. and 12 ft. root protection
zones respectively.
Tree No. 4 will receive a separate fence that begins and ends vn the propeRy line.
Trees 9 through 11 should be protected with a continuous fence, guided by the radu in
the Tree Table. This fence should extend along the right-of-way to completely enclose
the root protection zones.
If any trees are illegally removed prior to or during construction, a violation of the
City's Development Code will result. The applicant acknowledges that the development
code provides for the following penalties if the trees on site are damaged or removed:
"Notwithstanding any other provision of this title, any party found to be in violation of
this chapter pursuant to Chapter 1.16 of the Tigard Municipal Code shall be subject to a
civil penalty of up to $500 and shall be required to remedy any damage caused by the
violation. Such remediation shall include, but not be limited to, the following;
A. Replacement of unlawfully damaged or removed trees in accordance with Section
18.790.060 (D) of the Tigard Development Code;and
B. Payment of a additional civil penalty representing the estimated value of any
unlawfully removed or damaged tree, as determined using the most cunent
international Society of Arboriculture's Guide for Plant Appraisal."
Root Protection Zones
All trees selected for mandatory preservation will be fenced off at the edge of the
Root Protection Zone, or RPZ. The drip lines of the trees are an estimate of the soil area
that should be included. The final size and shape of individual root protection zones
Multnomah Tree Experts, Ltd. Page 2 of 4
i
9200 SW Edgewood St 4/15/OS
should be based on root habit and other site factors, so the eacact fence locations will be
determined by the project azborist in the field. The radii in the Tree Table should be used
initially, and indicated on the site plan.
The general contractor and the project arborist will meet at the site before work
begins to mark the construction fence locations. Unless otherwise noted, all tree
protection fencing will be installed before construction starts, and kept in place until
construction is complete. Once the fences are installed, the owner must request
inspection and approval by the City Forester before any additional work is performed.
Fences will be 6 ft. high orange plastic mesh secured to 8 ft. metal posts in the
ground, or 6 ft. high steel fencing on concrete blocks. Once installed and approved, tree
protection fences may not be opened or removed unless directed by a qualified azborist.
"Qualified azborist"can include the project arborist, City Forester, or any ISA Certified
Arborist or ASCA Registered Consulting Arborist who is fanuliar with this tree
protection plan.
Root protection zones may be entered only for tasks like surveying, measuring,
and sampling without supervision by a qualified arborist. Upon completion of these
tasks, the fence must be closed. Without written authorization, none of the following will
occur within the root protection zones:
1. New buildings;
2. Grade change or cut and fill, during or after construction;
3. New impervious surfaces;
4. Utility trench alignments;
5. Drainage field placement;
5. Staging or storage of materials and equipment during construction;
6. Vehicle maneuvering areas during construction.
Conclusion
This document satisfies the Tree Plan Requirement (Chapter 18.790.030) for the
City of Tigazd. It delineates the trees on the site, the exemptions, the trees being
removed, and those being protected. Protection measures are described for four trees that
are in the mandatory preservation category.
No tree can be removed without consent of the land owner. The goal of this Tree
Preservation Plan is to protect trees according to the City of Tigard Development Code,
and to observe all laws, rules, and regulations. It is the client's responsibility to
implement this Tree Protection Plan fully, and to monitor the construction process. We
highly recommend a preconstruction meeting with the owner, contractors, and the project
arborist. Given reasonable notice, a qualified azborist from Multnomah Tree Experts, Ltd.
will be available throughout the construction process to help with tree-related problems.
Deviations from this Tree Protection Plan can result in tree damage, violations of the City
code, and civil penalties.
Multnomah Tree Experts, Ltd. Page 3 of 4
9200 SW Edgewood St. 4/15/OS
Assumptions and Limitiog Conditions
Multnomah Tree Experts, Ltd. 8325 SW 42nd Ave. Portland,OR 97219
Voice(503)452-8160 Fax(503)452-2921 torrespt@aracnet.com
1. Any legal description provided to the consultant is assumed to be correct.Titles and
ownerships to property are assumed to be good and marketable.No responsibility is assumed for
matters legal in character.
2. Care has been taken to obtain all information from reliable sources.All data have been
verified insofar as feasible; however,the consultant can neither guarantee nor be responsible for
the accuracy of information provided by others.
3. The consultant shall not be required to give testimony or attend court by reason of this
report unless subsequent contractual amangements are made,including additional fces.
4. This report and any values expressed herein represent the opinion of the consultant,and
the consultant's fee is in no way contingent upon the reporting of a specified value,a stipulated
result,the occurrence of a subsequent event,nor upon any finding to be reported.
5. Sketches,drawings and photographs in this report are intended as visual aids and are
probably not to scale.The reproduction of information generated by other consultants is for
coordination and ease of reference. Inclusion of such information does not constitute a
representation by the consulting arborist,or by Muitnomah Tree Experts, Ltd.,as to the
sufficiency or accuracy of the information.
6. Unless expressed otherwise, information in this report covers only items that were
examined,and reflects the condition of those items at the time of inspection.The inspection is
limited to visual examination of accessible items without laboratory analysis,dissection,
excavation, probing,or coring, unless otherwise stated.
7. There is no warranty or guarantee,expressed or implied,that problems or deficiencies of
the plants or property in question may not arise in the future.
8. This report is the completed work product.Any additional work, including production of
a site plan,addenda and revisions,construction of tree protection measures,tree work,or
inspection of tree protection measures,for example,must be contracted separately.
9. Loss or alteration of any part of this report invalidates the entire report.
10. CCB#t 154349 ISA Certified Arborist PN-Ob50 ASCA RCA No.372
� 1r �,�_
/ `� �
Peter Torres, M.F.
Multnomah Tree Experts, Ltd. Page 4 of 4
. -
9200 SW Edgewood St. Tree Table 4/15/2005 .
Non- Mitigation
No. Common Name Parcel DBH exem t Condition Action Comment RPZ, ft. inches
1 common cher 3 14 0 terminal decline remove hazard 0 0
2 a le 2 16 0 terminal decline remove hazard 0 0
3 Dou las-fir 3 22 1 viable remove for house construction 0 22
4 m rtle 3 31 1 viable reseroe 18 0
5 Pissard lum 2 7 0 viable reserve 6 0
6 common cher 2 8 0 viable reserve 6 0
7 rand fir 1 40 1 viable remove for house construction 0 40
8 Dou las-fir 1 24 1 viable remove for house construction 0 24
9 rand fir 1 26 1 viable reserve 16 0
10 Scots ine 1 22 1 viable reserve 14 0
11 Scots ine 1 18 1 viable reserve 12 0
12 Port Orford-cedar 1 20 0 diseased remove hazard 0 �
13 Port Orford-cedar 1 32 0 diseased remove hazard 0 0
14 Port Orford-cedar 1 15 0 diseased remove hazard 0 0
15 Port Orford-cedar 1 21 0 diseased remove hazard 0 0
Trees lar er than 12 inches 7 Miti ation Inches 86
Summa RPZ numbers in brackets are recommended RPZs
Retention Rate 57%
Miti ation Pa ment $5,375.00
Field work by Peter Torres, ISA PN-650 Multnomah Tree Experts, Ltd.
—�,�
_ � :�`�
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PRE-APPLICATION 6 ��0�
CONFERENCE REQUEST �T���`
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 FAX.� (503) 684-7297
GENERAL INFORMATION
� L � �, `` T �N�. FOR STAFF USE ONLY
Applicant:
�r�
Address: E C-�'>" S w _� A L�r r ST�Phone: (s � >� �'►�� �� � Case No.: �j� ��ooy - cx� i o j
City: T I �/�/'�'� � /,' Zip: �j 7 Z Z �` � Receipt No.: �ooy -Sa3�
Contact Person: ��/a ��`/ ���c F�•' Phone: (r�;) ��S� -,5-� c Application Accepted By: C ��u-��
1 Date: i � - (fl - �`-�
Property OwnerlDeed Holder(s): L������ T t tiy'
DATE OF PRE-APP.: �� -a S -o`�
TIME OF PRE-APP.: /1'Oo
Address: Phone:
PRE-APP. HELD WITH:
Clty: Z�P: Rev.7/1/04 i:\curpin\masterslrevisedlPre-AppRequest.doc
Property Address/Location(s): "1 Z°`' s`� �r' �c w���'
T���?�''' REQUIRED SUBMITTAL ELEMENTS
(Note: applications will not be accepted
without the required submittal elements)
Tax Map&Tax Lot#(s): Z S I U L �C T'� l �°C'
Zoning: !� ��''�' �. S- ❑ Pre-Application Conf. Request Form
Site Size: �.� �! :� >y �..,� 4 COPIES EACH OF THE FOLLOWING:
❑ Brief Description of the Proposal and
PRE-APPLICATION CONFERENCE INFORMATION any site-specific questionslissues that
you would like to have staff research
prior to the meeting.
All of the information identified on this form are required to be
submitted by the applicant and received by the Planning Division a ❑ Site Plan. The site plan must show the
minimum of one (1) week prior to officially schedulinq a proposed lots and/or building layouts
pre-application conference date/time to allow staff ample time to drawn to scale. Also, show the location
prepare for the meeting. of the subject property in relation to the
nearest streets; and the locations of
A pre-application conference can usually be scheduled within 1-2 driveways on the subject property and
weeks of the Planning Division's receipt of the request for either across the street.
Tuesdav or Thursdav morninqs. Pre-application conferences are ❑ The Proposed Uses.
one (1} hour lonq and are typically held between the hours of � Topographic Information. Include
9:00-11:00 AM. Contour Lines if Possible.
PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ If the Pre-Application Conference is for
PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM a MONOPOLE project, the applicant
8:00-4:OO/MONDAY-FRIDAY. must attach a copy of the letter and
proof in the form of an affidavit of
IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE mailing, that the collocation protocol
PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE Was completed (see Section 18.798.080
INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM of the Tigard Community Development
ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE Code).
GROUP. ❑ Filing Fee $296.00
. �
Pre'AppS �CD Me@tIr19S� December 2004
S M T W T F 5
1 2 3 4
i S 6 7 8 9 10 11
I12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
Tuesday, December 28, 2004 �
s:oo
8:30
9:00 �!Pre-app I
9:30
10:00 Pre-app appt
10:30
11:00 ',Pre-app Wally Miller 503-314-1502 9200 SW Edgewood MLP i
11:30
_ ,
12:00 '
12:30
1:00
�
1:30
2:00 �
2:30
3:00
3:30 �
4:00
4:30
5:00
5:30
6:00
10:07AM Monday, December 06, 2004
� ..
GILBERTSON "i�/ �
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,�T�qR�'
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ENGINEERIN6
December 3, 2004
City of Tigard Planning
13125 SW Hall Blvd.
Tigard, OR 97223
re: Pre-app meeting for George Teny
Dear Planner,
We are looking forward to a pre-app meeting with you for this proposed 3 parcel partition. Please
find the accompanying site plan showing e�cisting features and proposed layout. We have some specific
questions which we hope can be addressed:
1)We understand that the sewer will not be built until next year. What is the most recent estimated
time of completion, and can we proceed with this partition in the meantime?
2)Realizing that public storm drainage facilities are limited, can we drain runofffrom future roofs
into dry wells or splash onto the ground? Can runoff from driveways be allowed to simply drain to gravel
shoulders?
3)Will Parcel 1 be allowed to take access from Edgewood, and will 15 ft. be wide enough for
accessing the other two parcels? Does the 15 ft. strip need to be a private street tract, with approved
engineering, or can it be a shared driveway owned by Parcel 3?
4) Does the proposed layout meet zoning standards`?
5)Will there be right ofway dedication and street improvements required?
T'hanks for your attention.
Sincerely,
.
� �-�, ,�->.���-�t`�;,�
Doug Crilbertson PE
copy: George Teny
Wally Miller
0473.W PS 12/3/04 2
543 THIRD ST.,#C-3
LAKE OSWEGO, OR 97034
(503)635-7590
FAX(503)635-3540
�' a
PRE-AP CATIOH CONFERENCE TES
➢ ENGINEERING SECTION Q �o�"n ty ro°�'°nt
Sfutping A�Better Community
PUBLIC FACILITIES Ta�c Mep[Sl: 2s�o2nc
Tax Lot[sl: 1700
Use i�lpe: MLP
The extent of necessary public improvements and dedications which shall be required of the applicant
will be recommended by City staff and subject to approval by the appropriate authority. There will be
no final recommendation to the decision making authority on behalf of the City staff until all concerned
commenting agencies, City staff and the public have had an opportunity to review and comment on
the application. The following comments are a proiection of public improvement related requirements
that may be required as a condition of development approval for your proposed project.
Riqht-of-wav dedication:
The City of Tigard requires that land area be dedicated to the public:
(1.) To increase abutting public rights-of-way to the ultimate functional street classification
right-of-way width as specified by the Community Development Code; or
(2.) For the creation of new streets.
Approval of a development application for this site will require right-of-way dedication for:
� SW Edgewood Street to 27 feet from centerline (Neighborhood Route - no bike lanes)
❑ SW to feet
❑ SW to feet
❑ SW to feet
Street improvements:
� Half street improvements will be necessary along SW Edqewood Street, to include:
� 16 feet of pavement from centerline
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk with 5-foot planter strip
� street trees sized and spaced per TDC
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
CITY OF TI6ARD Pre-Appllcatl�n CoMeronce N�tes Page 1 ef 6
Ea��.•.nq�.r.rtv..t s•en..
❑ street improven. .is will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
CITY OF T16ARD Pre-Applicatlm CoMeronce N�tes Page 2 of 6
EII/I���rlq/qsrt�nt S�etln
• . ' ❑ Other:
Aqreement for Future Street Improvements:
In some cases, where street improvements or other necessary public improvements are not currently
practical, the improvements may be deferred. In such cases, a condition of development approval
may be specified which requires the property owner(s) to provide a future improvement guarantee.
The City Engineer will determine the form of this guarantee. The following street improvements may
be eligible for such a future improvement guarantee:
(1.) Edgewood Street
�2.)
Overhead Utilitv Lines:
� Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines
adjacent to a development to be placed underground or, at the election of the developer, a
fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines
are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to
$ 35.00 per lineal foot of street frontage that contains the overhead lines.
There are existing overhead utility lines which run adjacent to this site along SW Edgewood
Street. Prior to final plat approval, the applicant shall either place these utilities underground,
or pay the fee in-lieu described above.
Sanitary Sewers:
The nearest sanitary sewer line to this property is a(n) inch line which is located . The
proposed development must be connected to a public sanitary sewer. It is the developer's
responsibility to
The Edgewood/O'Mara Reimbursement District No. 31 is scheduled for construction summer '05. The
reimbursement district will be formed spring '05. All lots must connect to the public sewer.
Water Supply:
The City of Tigard (Phone:(503) 639-4171) provides public water service in the area of this site. This
service provider should be contacted for information regarding water supply for your proposed
development.
Fire Protection:
Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010]
provides fire protection services within the City of Tigard. The District should be contacted for
information regarding the adequacy of circulation systems, the need for fire hydrants, or other
questions related to fire protection.
Storm Sewer Improvements:
CITY OF TI6ARD Pro-ApplicatNn Co�eroace N�tes Page 3 of 6
�,�i..•n■��.r.ru..�s.ea.�
. ,All �r�posed development v '� the City shall be designed such " ` storm water runoff is conveyed
to an approved public drain. , system. The applicant will be r� ,red to submit a proposed storm
drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure
that the proposed system will accommodate runoff from upstream properties when fully developed.
Pay the fee-in-lieu of defention.
Storm Water Qualitv:
The City has agreed to enforce SurFace Water Management (SWM) regulations established by the
Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of
on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus
contained in 100 percent of the storm water runoff generated from newly created impervious surfaces.
The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing
an on-site facility provided specific criteria are met. The City will use discretion in determining whether
or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new
impervious surFaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210.
Preliminary sizing calculations for any proposed water quality facility shall be submitted with the
development application. It is anticipated that this project will require:
❑ Construction of an on-site water quality facility.
� Payment of the fee in-lieu.
Other Comments:
All proposed sanitary sewer and storm drainage systems shall be designed such that City
maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance
access roadways may be required if existing or proposed facilities are not otherwise readily
accessible.
1) If the driveway is to be shared by the 3 lots it is considered a Privafe Street and it shal! be in a 20-
foot Tract, have 20-foot paved width and have 5-foot sidewalks in an easement. Street trees will also
be required along the private street.
2) The topography shall be based on approved Datum, not assumed.
3) Contacf TVFD regarding fire hydranfs - may need to add one along frontage.
4 ) 1n��T�� al M e,�e.�s +a b�e (o c.u.�c..d a� a r near e� s}�-�ns3 rri�c�r
b� l�n� v�1Q�Gr r�to�.-h. on w��t b� �nv6�t,ed -t� De-U e,l.op2�
�� �u� -�0 1��,9+� o� p� p� i�- � �oe �►e-�-�.s r�� -I-�
TRAFFIC IMPACT fEES ��S�q,�( � '� y��-{�,r .�r Parc� 3
In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic
Impact Fee program collects fees from new development based on the developmenYs projected
impact upon the City's transportation system. The applicant shall be required to pay a fee based upon
the number of trips which are projected to result from the proposed development. The calculation of
the TIF is based on the proposed use of the land, the size of the project, and a general use based fee
category. The TIF shall be calculated at the time of buildinq permit issuance. In limited
circumstances, payment of the TIF inay be allowed to be deferred until the issuance of an occupancy
CITY OF TIGARD Pre-Applicatlon Conierence Notes Page 4 of 6
Englaeerinp Gepartment Sectlon
r�e�mit. Deferral of the payment until occupancy is permissible only when the TIF is greater than
- $5,000.00.
Pay the T!F
PERMITS
Public Facilitv Improvement (PFI) Permit:
Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering
Department. A PFI permit application is available at the Planning/Engineering counter in City Hall.
For more extensive work such as street widening improvements, main utility line extensions or
subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for
review and approval.
The Engineering Department fee structure for this permit is considered a cost recovery system. A
deposit is collected with the application, and the City will track its costs throughout the life of the
permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases
where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for
any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI
permit application. This time will be considered part of the administration of the eventual PFI permit.
The Permittee will also be required to post a performance bond, or other such suitable security.
Where professional engineered plans are required, the Permittee must execute a Developer/Engineer
Agreement, which will obligate the design engineer to perForm the primary inspection of the public
improvement construction work. The PFI permit fee structure is as follows:
NOTE: If an PFI Permit is required,the applicant must obtain that
permit prior to release of any permits from the Building Division.
Buildinq Division Permits:
The following is a brief overview of the type of permits issued by the Building Division. For a more
detailed explanation of these permits, please contact the Development Services Counter at
503-639-4171, ext. 304.
Site Improvement Permit (SIT). This permit is generally issued for all new commercial,
industrial and multi-family projects. This permit will also be required for land partitions where lot
grading and private utility work is required. This permit covers all on-site preparation, grading
and utility work. Home builders will also be required to obtain a SIT permit for grading work in
cases where the lot they are working on has slopes in excess of 20% and foundation
excavation material is not to be hauled from the site.
Building Permit (BUP). This permit covers only the construction of the building and is issued
after, or concurrently with, the SIT permit.
Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all
work necessary for building construction, including sub-trades (excludes grading, etc.). This
CIT110F TI6ARD Pro-Applicatlon Comeronce Notes Page 5 ot 6
�.�i...M.��.�.n...ca.ea•■
_ � permit can not be iss��ed in a subdivision until the publir improvements are substantially
' complete and a mylar y of the recorded plat has been rE �ed by the applicant to the City.
For a land partition, the applicant must obtain an Engineering Permit, if required, and return a
mylar copy of the recorded plat to the City prior to issuance of this permit.
Other Permits. There are other special permits, such as mechanical, electrical and plumbing
that may also be required. Contact the Development Services Counter for more information.
GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS
All subdivision projects shall require a proposed grading plan prepared by the design engineer. The
engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as
well as lots that have natural slopes in excess of 20%. This information will be necessary in
determining if special grading inspections will be required when the lots develop. The design engineer
will also be required to shade all structural fill areas on the construction plans. In addition, each
homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall
include topographical contours and indicate the elevations of the corners of the lot. The builder shall
also indicate the proposed elevations at the four corners of the building.
�:/ l_____—� ., r� .. �, � �.s . �'-' ��1-
PREPARED BY: '
ENGINEERING DEPARTMENT STAFF DATE
Phone: [5031639-4171
Fax: [5031624-0152
tlocument2
Revised: September 2,2003
CIT1f OF TI6ARD Pre-Applicaden Conferonce M�tes Page 6 of 6
Fi�l■•.d■��.�ut�.n s.etl•.
. � • �
�.ITY OF TIGARD
PRE-APPLICATION CONFERENCE NOTES �om„�u;�r�y,�t�;�.�,p,n�nt
Sfiapingt7�13etterCommunity
(Pre-Application Meeting Notes are Yalid for Six (6) Months)
PRE-APP.MTG.DATE: .Z d D
STAFF AT PRE-APP.: G�I�
RESIDENTIAL
� . .. � ,, ,. . . . �,��
APPLICANT: �GE' �+ AGENT: �WJ'�� �i I��
Phone: D • /�l Phone: � o� 3 t y •1 S"a2
PROPERTY LOCATION:
ADDRESS/GENERAL LOfATION: 9,ZDO $Cv, E�c��
TA% MAP(S)/LOT #(S): .•2 5 1 0 2.�G c� �700
NECESSARY APPLICATIONS: �'►'1/v✓�'R L-�!-�✓1� f�TiT7�rv� (�n���
PROPOSAL DESCRIPTION: I�A�cT17I� stny� Ie� th�n `f�iaa�e �o��s
COMPREHENSIVE PLAN
MAP DESIGNATION: �-aw ��NS!7y �2f5lL�EivTlitL
ZONING MAP DESIGNATION: J�- '�•.S
ZONIN6 DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.S�o )
MINIMUM LOT SIZE:�sq. ft. Average Min. lot width:��ft. Max. building height: 3a ft.
SetbacKs: Front��ft. Side�ft. Rear�ft. Corner�,�ft. from street.
MAXIMUM SITE COVERAGE: �B- % Minimum landscaped or natural vegetation area: �- %.
GARAGES:�ft.
❑ NEI6HBORHOOD MEETINC [Refer to the Neighborhood Meetlng Nandoutl
THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED
PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two
(2) weeks between the mailing date and the meeting date is required. Please review the Land Use
Notification handout concerning site posting and the meeting notice. Meetinq is to be held prior to
submittinq your application or the application will not be accepted.
" NOTE: In order to also preliminarily address building code standards, a meeting with a Plans
Examiner is encouraged prior to submittal of a land use application.
CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9
Residenti�Application/Planning Division$ec6on
• JI(
�f NARRATIYE [Refer to Code Chap�er 18.3901
The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable
approval standards. Failure to provide a narrative or adequately address criteria would be reason to
consider an application incomplete and delay review of the proposal. The applicant should review
the code for applicable criteria.
� IMPACT STUDY [Refer to Code Sectlons 18.390.040 and 18.390.050I
As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE
AN IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the
development on public facilities and services. The study shall address, at a minimum, the
transportation system, including bikeways, the drainage system, the parks system, the water system,
the sewer system and the noise impacts of the development. For each public facility system and type
of impact, the study shall propose improvements necessary to meet City standards, and to minimize
the impact of the development on the public at large, public facilities systems, and affected private
property users. In situations where the Community Development Code requires the dedication of real
property interests, the applicant shall either specifically concur with the dedication requirement, or
provide evidence which supports the conclusion that the real property dedication requirement is not
roughly proportional to the projected impacts of the development.
� ACCESS [Referto Chapters 18.705 and 18.7651�� 3-L �co rs: ,
Minimum number of accesses: 1 �1 Minimum access width: 1 � .Z° �
Minimum pavement width: /o '
❑ WALKWAY REQUIREMENTS [Refer to Code Chapter 18.7051
Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each
residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING
AREA, COMMON OPEN SPACE AND RECREATION FACILITIES.
❑ RESIDENTIAL DENSITY CALCULATION [Refer to Code Chapter 18.7151-SEE EKAMPLE BELOW.
The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net
area of the developable land by the minimum number of square feet required per dwelling unit as
specified by the applicable zoning designation. Net development area is calculated by subtracting
the following land area(s) from the gross site area:
All sensitive lands areas includinq: 3j g3° 7'"°'f�
➢ -s Land within the 100-year floodplain; � ' .��{
➢ � Slopes exceeding 25%; " �'�o ��� Y
➢ � Drainageways; and 2S Y �(
➢ ,8 Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. : �,S°° _
Public right-of-way dedication: 3 3S V�'c� A''` �°"
➢ Single-family allocate 20% of gross acres for public facilities; or m�, � 3 ��4
➢ Multi-family allocate 15% of gross acres for public facilities; or � /4
➢ If available, the actual public facility square footage can be used for deduct on.� s v
EI(AMPLE OF RESI�ENTIAL DENSITY CALCULATIONS:
EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS
Single-�amily Mu�i-Family
43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area
8,712 sq. ft. (20%)for public right-of-wav 6,534 sq. ft. (15%)for public right-of-way
NET: 34,848 square feet NET: 37,026 square feet
- 3.050(minimum lot areal - � minim m I
= 11A Units Per Acre = 12.1 Units Per cre
*fie Derelepmem C�de requiros that t�e net site area e�dst for Ihe nextwh0le dwelling untt.NO ROUNDIN6 UP IS PERMITTED.
�Mlnlmum Profect Denslql Is BD9G d the maxlmum allowed densf4l.TO DETERMINE THIS STANUARU,MULTIPLY THE MIW MUM NUMBER OF UNITS BY.8.
CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9
Residential ApplicationlPlanning Division Section
I
J� SPECIAL SETBACKS [Refer to( -Sectlon 18.7301
� STREETS: feet from the centerline of
� -� FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures.
➢ ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained
between each dwelling unit or garage.
� MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family
residential developments.
ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less
than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines.
ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size.
[See applicable zoning district for the primary structures'setback requirements.l
� fLA6 LOT BUILDIN6 NEI6NT PROYISIONS [Refer to Code Chapter 18.7301
MAXIMUM HEIGHT OF 1'/z STORIE�nr 25 fe�. whichever is less in most zones; 2'/2 stories, or 35
feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are
satisfied.
❑ BUFFERIN6 AND SCREENIN6 [Refer to Code Chapter 18.1451
In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE
OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the
CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer
areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of
deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and
horizontal plantings. Site obscuring screens or fences may also be required; these are often
advisable even if not required by the Code. The required buffer areas may o� be occupied by
vegetation, fences, utilities, and walkways. Additional information on required buffer area materials
and sizes may be found in the Development Code.
The ESTIMATED REQUIRED BUFFERS applicable to vour proposal area is:
Buffer Level along north boundary. Buffer Level along east boundary.
Buffer Level along north boundary. Buffer Level along east boundary.
IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG:
� LANDSCAPIN6 [Refer to Code Chapters 18.745,18.765 and 18.7051
STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FR�NTING ON A PUBLIC OR
PRIVATE STREET as well as driveways which are more than 100 feet in lenqth, Street trees must
be placed either within the public right-of-way or on private property within six (6) feet of the right-of-
way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured
four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the
branching width of the proposed tree species at maturity. Further information on regulations
affecting street trees may be obtained from the Planning Division.
A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED
in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking
areas shall include special design features which effectively screen the parking lot areas from view.
❑ RECYCLIN6 [Refer to Code Chapter 18.7551
Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE
SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such
as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within
Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503)
625-6177.
CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9
Residentlal ApplicationlPlanning Division Section
. �
� PARKING [Refer to Code Chap 18.765 a 18.7051
ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED.
� � Single-family............ Requires: One (1) off-street parking space per dwelling unit; and
One (1) space per unit less than 500 square feet.
� Multiple-family.........Requires: 1.25 spaces per unit for 1 bedroom;
1.5 spaces per unit for 2 bedrooms; and
1.75 spaces per unit for 3 bedrooms.
Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of
guests and shall consist of 15% of the total required parking.
NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED
AS COMPACT SPACES. Parking stalls shall be dimensioned as follows:
� Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches.
➢ Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches.
➢ Handicapped parking: All parking areas shall provide appropriately located and dimensioned
disabled person parking spaces. The minimum number of disabled person parking spaces to
be provided, as well as the parking stall dimensions, are mandated by the Americans with
Disabilities Act (ADA). A handout is available upon request. A handicapped parking space
symbol shall be painted on the parking space surface and an appropriate sign shall be
posted.
❑ BICYCLE RACKS [Refer to Code Secdon 18.7651
BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in
convenient locations.
❑ SENSITIYE LANDS [Refer to Code Chapter 18.7151
The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL
DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON
UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-
application conference based on available information. HOWEVER, the responsibilitv to qreciselv
identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas
meetinq the definitions of sensitive lands must be clearlv indicated on plans submitted with the
development application.
Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands
areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS.
❑ STEEP SLOPES [Refer to Code Section 18.715.O70.C1
When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be
submitted which addresses the approval standards of the Tigard Community Development Code
Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall
include specific recommendations for achieving the requirements of Section 18.775.080.C.
� CLEANWATER SERVICES[CWSI BUfFER STANDARDS [Refer to R�0 96-44/USA Regulations-Chapter 3l
LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a
vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive
area.
Desiqn Criteria:
The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table
identifies the required widths:
CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9
Residen6al Applicalion/Planning Division Section
1BLE 3.1 YE6ETATED CORRIDOR WIDTH,
SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOLUTION g ORDER 96-44
SENSITIVE AREA DEFINITION SLOPE ADJACENT� WIDTH OF VEGETATED
TO SENSITIVE AREA CORRIDOR PER SIDE
♦ Streams with intermittent flow draining: <25%
� 10 to <50 acres 15 feet
� >50 to <100 acres 25 feet
• Existing or created wetlands <0.5 acre 25 feet
♦ Existing or created wetlands >0.5 acre <25� 50 feet
• Rivers, streams, and springs with year-round flow
• Streams with intermittent flow draining >100 acres
♦ Natural lakes and onds
• Streams with intermittent flow draining: >25%
� 10 to <50 acres 30 feet
� >50 to <100 acres 50 feet
• Existing or created wetlands >25% Variable from 50-200 feet. Measure
• Rivers, streams, and springs with year-round flow in 25-foot increments from the starting
♦ Streams with intermittent flow draining >100 acres point to the top of ravine (break in
• Natural lakes and ponds <25%slope), add 35 feet past the top
of ravine3
Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring
boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15
feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement.
ZVegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition.
3The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to
15 feet,if a stamped geotechnical report confiRns slope stability shall be maintained with the reduced setback from the top of ravine.
Restrictions in the Veqetate Corridor:
NO structures, development, construction activities, gardens, lawns, application of chemicals,
dumping of any materials of any kind, or other activities shall be permitted which otherwise detract
from the water quality protection provided by the vegetated corridor, except as provided for in the
USA Design and Construction Standards.
Location of Veqetated Corridor:
IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended
for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a
separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit.
�._.._.�CWS Service Provider Letter:
PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service
Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive
area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS
Service Provider Letter is not required.
❑ SI6NS tRefer to Code Chapter 18.7801
SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of
Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or
height beyond Code standards may be permitted if the sign proposal is reviewed as part of a
development review application. Alternatively, a Sign Code Exception application may be filed for
Director's review.
� TREE REMOYAL PLAN REQUIREMENTS [Refer to C�de Sectlon 18.190.030.CJ
A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, partition, site development review, planned development,
or conditional use is filed. Protection is preferred over removal where possible.
CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9
Residential Applica6on/Planning Division Secbon
THE TREE PLAN SHALL ;LUDE the following:
➢ Identification of the �ocation, size, species, and condition of all existing trees greater than 6-
inch caliper.
➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in
caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according
to the following standards and shall be exclusive of trees required by other development code
provisions for landscaping, streets and parking lots:
. Retainage of less than 25% of existing trees over 12 inches in caliper requires a
mitigation program according to Section 18.150.070.D. of no net loss of trees;
. Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that
two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that
50% of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation;
➢ Identification of all trees which are proposed to be removed; and
➢ A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT
APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be
replaced according to Section 18.790.060.D.
� MITIGATION [Refer to Code Seciion 18.790.060.E.1
REPLACEMENT OF A TREE shall take place according to the following guidelines:
➢ A replacement tree shall be a substantially similar species considering site characteristics.
➢ If a replacement tree of the species of the tree removed or damages is not reasonably
available, the Director may allow replacement with a different species of equivalent natural
resource value.
➢ If a replacement tree of the size cut is not reasonably available on the local market or would
not be viable, the Director shall require replacement with more than one tree in accordance
with the following formula:
. The number of replacement trees required shall be determined by dividing the
estimated caliper size of the tree removed or damaged, by the caliper size of the
largest reasonably available replacement trees. If this number of trees cannot be
viably located on the subject property, the Director may require one (1) or more
replacement trees to be planted on other property within the city, either public property
or, with the consent of the owner, private property.
➢ The planting of a replacement tree shall take place in a manner reasonably calculated to
allow growth to maturity.
IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in performing such tree
replacement.
� CLEAR VISION AREA [Refer to Code Chapter 18.7951
The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND
EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size
of the required clear vision area depends upon the abutting street's functional classification and any
existing obstructions within the clear vision area. The applicant shall show the clear vision areas on
the site plan, and identify any obstructions in these areas.
CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9
Residential ApplicationlPlaoning Division Sec6on
� FUTURE STREET PLAN AND IXTE, N OF STREETS [Refer to Code Section . 10.030.FJ
A FUTURE STREET PLAN shall:
� Be filed by the applicant in conjunction with an application for a subdivision or artition The
plan shall show the pattern of existing and proposed future streets from the boun aries of the
proposed land division and shall include boundaries of the proposed land division and shall
include other parcels within 200 feet surrounding and adjacent to the proposed land division.
➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and
pedestrian facilities on or within 500 feet of the site.
Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall
be extended to the boundary lines of the tract to be developed.
� ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Sectlon 18.810.0601
MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process.
Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum
15-foot wide access easement.
The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'h TIMES THE AVERAGE WIDTH, unless the
parcel is less than 1'/2 times the minimum lot size of the applicable zoning district.
� BLOCKS [Refer to Code Secdon 18.810.0901
The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured
along the right-of-way center line except where street location is precluded by natural topography,
wetlands or other bodies of water or, pre-existing development.
When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided
through the block.
cooE c�r�Rs
_ 18.330(Conditiona�use) �H.6ZO(Tgard Triangle Design Standards) _ 'I$.]65(Off-SUeet Parking/Loading Requirements)
_ 18.340(Directors�nterpretation) 18.630(Washington Square Regiona�Center) _ 18.775(Sensitive�ands Review)
_ 18.350(P�anned�eve�opment) ��18.705(Acoess�EgresslCircu�ation) _ 18.780(Signs)
_ 18.360(Site Deve�opment Review) 'I H.7�O(Accessory Residential Units) _ 'I$.]$5(Temporary Use Permits)
? 18.370(varianc�s/Adjustrnents) �C 1 H.7'I 5(Densiry Computations) ►�18.790(Tree Remova�)
_ �8.380(Zoning MapRext Amendments) ')B.TZO(Design Compatibility Standards) ✓18.795(visual Clearance Areas)
_ 18.385(Misce��aneous Permits) 18.725(Environmental Performance Standards) _ 18.798(Wire�ess Communication Faa�ities)
JC �S.39O(Decision Making Proceduresllmpad Study) �8.730(Exceptions To Development Standards) �' 18.81 O(Street&Utiliry�mprovement Standarcis)
_ 'I 8.4'I O(Lot Line Adjustrnents) 18.740(Hisroric Over�ay) _
�C 18.420(�and Partitions) 18.742(Home occupation Permits)
_ 18.430(Subdivisans) �C 18.745(�andscaping&Saeening Standards)
�C 18.51 O(Residential Zoning Districts) 'I H.75O(ManufacturedMtobil Home Regulations)
_ 18.520(Commeraal Zonirg D�tricts) 18.755(Mixed So�id wastelRecyding Storage)
_ 18.530(Indusroria�Zoning Distrids) 1 S.76O(Noncontorming Situations)
CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9
Reside�lial Application/Planning Division Section
ADDITIONAL CONCERNS OR COMMEK
Za�; �. "y� '� I�W R� 3 �+�+� 4c N�iK 2 4c.
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.
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PROCEDURE
_� Administrative Staff Review.
Public hearing before the Land Use Hearings Officer.
Public hearing before the Planning Commission.
Public hearing before the Planning Commission with the Commission making a
recommendation on the proposal to the City Council. An additional public hearing shall be
held by the City Council.
APPLICATION SUBMITTAL PROCESS
All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE: A lications
submitted b mail or dro ed off at the counter without Plannin ivision acce tance ma e
returne . e anninq counter closes at 5:
Ma s submitted with an a lication shall be folded IN ADVANCE to 8'/z" x 11". One 8'/z" x 11"
ma o a ro ose ro ect s a a so e su mitte or attac ment to t e sta re ort or
a ministrative ecision. Applications wit un olded maps shall not e accepte .
The Planning Division and Engineering Department will perform a preliminary review of the
application and will determine whether an application is complete within 30 days of the counter
submittal. Staff will notify the applicant if additional information or additional copies of the submitted
materials are required.
CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9
Residential Applica6onlPlanning Division Sec6on
The administrative decisi� � public hearing will �pically occur � oximately 45 to 60 days after an
application is accepted as .,zing complete by the lanning Division. Applications involving difficult or
protracted issues or requiring review by other jurisdictions may take additional time to review.
Written recommendations from the Planning staff are issued seven (7) days prior to the public
hearing A 10-day public appeal period follows all land use decisions. An appeal on this matter
would be heard by the Tigard f���gjr�s of?�'CEQ . A basic flow chart
which illustrates the review process is available from the Planning Division upon request.
Land use applications requiring a public hearing must have notice posted on-site by the
applicant no less than 10 days prior to the public hearing.
This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE
INTENDED TO INFORM the prospective applicant of the primary Community Development Code
requirements applicable to the potential development of a particular site and to allow the City staff
and prospective applicant to discuss the opportunities and constraints affecting development of the
site.
SUBDIYISION PLAT NAME RESERYATION [Couniy Surveyors Offce: 503-648-88841
PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard,
applicants are re uired to complete and file a subdivision plat naming request with the Washington
County Surveyor s Office in order to obtain approval/reservation for any subdivision name.
Applications will not be accepted as complete until the City receives the faxed confirmation of
approval from the County of the Subdivision Name Reservation.
BUILDIN6 PERMITS
PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR
REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by
the Building Division will not be granted until there is compliance with all conditions of
development approval. These pre-application notes do not include comments from the
Building Division. For proposed buildings or modifications to existing buildings, it is
recommended to contact a Building Division Plans Examiner to determine if there are
building code issues that would prevent the structure from being constructed, as proposed.
Additionally, with regard to Subdivisions and Minor Land Pa�titions where any structure to be
demolished has system development charge (SDC) credits and the underlying parcel for that
structure will be eliminated when the new plat is recorded, the Cit 's olic is to a I those s stem
develo ment credits to the first buildin ermit issued in the develo ment (UNLE S OTHERWISE
DIRECTED BY THE DEVELOPER AT HE TIME THE DEMOLITION PERMIT IS OBTAINED).
e con erence an no es canno cover a o e requiremen s an aspec s re a e o
site planning that should ap ply to the development of your site plan. Failure of the staff to provide
information required by the Code shall not constitute a waiver of the applicable standards or requirements.
It is recommended that a prospective applicant either obtain and read the Community Development Code or
ask an questions of Cit staff relative to Code requirements prior to submitting an application.
AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN
APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A
PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as
unnecessary by the Planning Division).
� •
PREPARED BY:
CITI( OF TIGARD NNI G DI SION - STAfF PERSON HOLDING PRE-APP. MEETING
PHONE: 503-639-4111 FAX: 503-684-1291
EMAIL• (s�tr:r�s��a�a@ci.tigard.or.us
TITLEI8((ITY Of TIGARD'S COMMUNITY DEYELOPMENT CODE)INTERNETADDRESS: MIINW.CI.tlgard.01'AS
H:lpattylmasterslPre-App Notes Residential.doc Updated: 15-Dec-04
(Engineering section:preapp.eng)
CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9
Residential ApplicationlPlanning Division Section
l2/28/2005
��� �'onditio�s Associated With 8:27:34AM
` � I D E M A R K Case #: MLP2005-00001
COM�U�EH ���SI!dS �_
Condition Status Updated
Code Title Hold Status Changed By Tag Date By
1 ��REE MITIGA�I�101� PLAN None NOT MET MAS 10�?8'?00� [3RS
I. Provide a miti��ation plan for a total of�l3 inches.
1 TVF&RAPPROVAL None Met ]0/10/2005 MAS 12/28/2005 SJR
2. Provide written sign-off from TVFR that a turn-around is not required and the proposed sprinkler system for parcel
#3 has been approved. lf not approved,the applicant must provide and implement a plan showing a TVFR approved fire
apparatus turn-around.
1 CASH ASSURANCE FOR TREE MITIGATIO None NOT MET MAS l0/28/2005 BRS
3. Prior to commencing site work,the applicant shall submit a cash assurance for the equivalent value of mitigation
required. If additional trees are preserved through the subdivision improvements and construction of houses,and are
properly protected through these stages by the same measures afforded to other protected trees on site,the amount of the
cash assurance may be correspondingly reduced. Any trees planted on the site or off site in accordance with 18.790.060
(D)will be credited against the cash assurance,for two years following final plat approval. After such time,the
applicant shall pay the remaining value of the cash assurance as a fee in-lieu of plantin�.
1 TREE REMOVAL/PRTCT/LANDSCAPE PLA None NOT MET MAS ]0/28/2005 BRS
4. Prior to commencing any site work,the applicant shall submit construction drawings that include the approved Tree
Removal, Protection and Landscape Plan. The plans shall also include a construction sequence including installation
and removal of tree protection devices,clearing,grading,and paving. Only those trees identified on the approved Tree
Removal plan are authorized for removal by this decision.
1 TREE PROTECTION None NOT MET MAS 10/28/2005 BRS
5. Prior to commencing any site work,the applicant shall establish fencing as directed by the project arborist to protect
the trees to be retained. The applicant shall allow access by the City Forester for the purpose of monitoring and
inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow
the plan,or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of
work on the site until remediation measures and/or civil citations can be processed.
1 ACCESS EASEMENT PARCEL#2 None NOT MET MAS 10/28/2005 BRS
6. An access easement is required for proposed parcel #2 and#3 in order to establish joint access.
1 SCREEN DRIVE FROM PROPTY TO EAST None NOT MET MAS ]0/28/2005 BRS
7. The applicant is required to provide and implement a plan showing the remaining 115 feet of the proposed access
drive screened from the adjacent property to the east.
1 VISUAL CLEARANCE TRIANGLES ON 79 None NOT MET ]0/28/2005 BRS
8. Place a note on the final plat that no structures, fences,retaining walls or vegetation over three feet will be placed in
the visual clearance triangles at the intersection of the proposed driveway and SW 79th Avenue.
1 TREE REPORTS IX EVERY 2 WKS None NOT MET MAS 10/28/2005 BRS
9. Prior to final plat approval,the applicant shall ensure that the Project Arborist has submitted written reports to the
City Forester,at least,once every two weeks, fi-om initial tree protection zone(TPZ)fencing installation,through site
work,as he monitors the construction activities and progress. These repoRs should include any changes that occurred to
the TPZ as well as the condition and location of the tree protection fencing. [f the amount of TPZ was reduced then the
Project Arborist shall justify why the fencing was moved,and shall certify that the construction activities to the trees did
not adversely impact the overall, long-term health and stabiliry of the tree(s). If the reports are not submitted or received
by the City Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being
followed by the contractor,the City can stop work on the project until an inspection can be done by the City Forester and
the Project Arborist. This inspection will be to evaluate the tree protection fencing,determine if the fencing was moved
at any point during construction,and deterrr►ine if any part of the Tree Protection Plan has been violated.
1 OBTAIN PFI PERMIT None NOT MET KSM 10/28/2005 BRS
10. A Public Facility Improvement(PFI)permit is required for this project to cover driveway aprons and any other work
in the public right-of-way. Six(6)sets of detailed public improvement plans shall be submitted for review to the
Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and
should only include sheets relevant to public improvements. Public Faciliry Improvement(PFI)permit plans shall
conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the City's web
page(www.ci.tigard.or.gov).
Page I of 4 CaseConditions..rpt
�DEC-14-2005 13:19 FROM: L- __ _ _—_�°� T0:5036353540 P.1�2
, � � �,� �pU S�GL'7U I
.�ti
���� TUALATIN VALLEY FiRE � RESCUE . SOUTH DIVISION
COMMUNITY SERVICES • OPEftATIONS • FIRE PREVENTIOh1
Tualatin �allay
Fire & I3z��.u�
October 10,2045 � y � g� ./
;�_.�F-�4.s�� T�� �l1 � ��1
Mathew Scheidegger, Associate Planner 1 �• ���
City of Tigard .�
13125 SW HaH S1vd � � ���
Tigard, OR 97223 �°j-�►�T��f�. ,
��� '�"'�"'``��t�M?��
Re: George Teny Partition �'���!�-.
Dear Mathew,
Thank you far the opportunity to review the proposed site pla�surrounding the above named
development praject. Tualatin Valley Fire 8 Rescue endors2s this proposal pred+cated on the following
criteria and conditions of approval:
1} fIRE APFHRATUS ACCESS ROAD DlSTANGE FRaM BUILDtNG AND TURNAROUNDS: Access
roads shall be within 150 feet of all portions of the ax#erior waU of Ihe first story of the building as
measured by an approved route around the exterior of the building. An approved lurnaround is
required if the remaining distance to an approved intsrsecting roadway, as measured along the fire
apparatus access road, is greater than 150 feet.
2) DEAp E�ii3 ROADS: Dead end fire apparatus access roads in excess of 150 Feet in fength shall 6e
providad wi;h an approved turnaround.
Au2omatic Iisa sp�inklers will be Insialled in the ham�construcied on parceJ 3!n tieu of
meeting thls requirement.
3} FiRE ARPAf2ATUS ACCESS ROAD EXCERTION FO�AUTOMATIC SPRINKLER PROTECTION:
When buildings are completely protected with an approved automatic fire sprinkler system,the
requirements for fire apparatus access may be modified as appraved by the fire code official.
, 4} FIRE APPA�ATUS ACCESS ROAD WIDTH AND VERTICAL CIEARANCE: Fire apparatus
aceess raads shall have an unobstructed width of not less than 20 feet(12 feet for up to twa dwellin�
units and accessory buildings), and an unobstructed vertiCal Clearance of not less than 13 feet 6
inches. Where fire apparatus roadways are less than 26 feet wide, "NO PARKING"signs shall be
installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus
roadways are more than 28 feet wide but Isss than 32 feet w{de,"NO PARKING"signs sha[I be
installed on one side oF the roadway and in turnarounds as needed. Where fire apparatus roadways
are 32 feei wide�r more, parking is not restricted. Signs sha11 read"NO PARKING-FIRE�ANE"ard �
shall be insta!!ed with a clear space above grade level of 7 feet. Signs shall be 12 inches wids by 18
inches high and shal! have red letters on a white reflective background.
The svbmlt#ad plans fndicate that parking restrlotla»s wil!ba waivsd due ta fhe installation of
autamatic�ire sprfnk/ers ln the home on parce!3. T�rls a/ternative!s not acceptable and
parking shal/�ot bs a!lowed�long the 46 fooi wJde access roadway.
5) SURFACE AND LOAD CAPACETlES: Fire apparatus access roads shall be of an al!-weather
surface that is easily distinguishabls from the surrounding ar,ea and is capable of supporting not Isss
than 12,500 paunds point load(wheel load)and 75,000 paunds live load(gross vehicle weight).You
may need t� provide documentation from a registered engineer that the design wi!! be capable of
supportir.g such loading.
!t l/re sprink/ers are/nsrelled In ali[hree homes, this requirement may be reduced to SD,Q00
pounds live load and 12,500 pounds point load. �
7401 SW Washo Court,8uite t01 •Tuaiatfn,Qregon 97082•Te1,(503)612-7000.Fax{503)612-7003•www-tvfr.cam
1?EC-14-2@05 13:z0 FROM: T0:5035353540 P.2�2 '
6) SINGLE FAMILY DWELUNGS -ReQt1tREQ FIRE FLOW: The minirnum availsble fire f{ow for
single family dwellings and duplexes ser,red by a municipaf water supply shafl�e 1.OQ0 gallons per
minute. If the structure(s)is{are)3,6u�square feet or larger, the required fire flow stsatl be
determined according to IFC Appe�dix B.
7� FiRE HYDRANTS—ONE-AND TWQ-FAMiLY DWELLIht3S&ACCESSORY STRUCTURES:
Where a partion of a structure is more than fi00 feet from a hydrant on a fire apparaius access road,
as measured in an approved route around the exterior of the structure(s),on-site fire hydrants and
mains shall be provided.
8} FtRE HYDRANT NUMBER AND DISTRIBt?TiON: 7he minimum number and disiribution of fire hydrants
available to a building shall not be less than that listed in Appendix C,TabJe C 105.1.
- Cansiderativns for placinq fire hydrants mav be as fcllows:
• Existing hydrants 3n fhe area may be used to meet the required number af hyd�ants as
approved. Hydrants that are up to 600 feet away from the nearest paint of a subject building
lhaf is protected with fire sprinklers may contribute to the required number of hydrants.
• hiydrants that are separated fram the subjeet building by railroad tracks shall not contribute to
the rsquired number of hydrants unless approved by the fire code official.
• hiydrants that are separated from the subject building by divided highways or freeways shall
not contribute to ihe requ+red number of hydrants. Heavity traveled collector streets only as
approved by the fire code afficial.
• Hydrants that are accessirle only by a brldge shall be acceptabte to contribute to the required
number of hydrants only iF approved by the fire code official.
9) FlRE HYpRANT DIBTANCE FROM AN ACCESS ROAD: Fire hydrants shali be located not more
than 15 feet fram an approved fire apparatus access roadway.
10) REFLECTl1/E NYDRANT MARKE�S: Fire hydrant locations shall be identified bylhe Installation of
reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the
cenlerline of ihe access road way that the fire hydrant is located on. In case that there is no center
line,then assume a centerline, and place the reflectors 8ccordingly
11) ACCESS AND F1RE FlGHTlNG WATER SUPPLY DURING CONSTRUCTlON: Approved fire
apparatus access roadways and fire fighting water supplies shall be installed and operational prior to
any combustible construction or sforage of combustible materiafs on the site.
Please contact me at(SQ3}612-7010 with any additionaf questions.
Sincerely,
� T, ���r»1�.�,.
Eric 7. McMullen
Deputy Fire Marsha!
PaBe 2 of 2
02/17/2006
��� Conditions Associated With 12:S1:55PM
T I D E M A R K Case #: MLP2005-00001
COMPU�ER SYS�EMS. NC
Condition Status Updated
Code Title Hold Status Changed By Tag Date By
I �, TRE:E MI�TIGATION PLAN None NOT MET MAS 10!28;200� BRS
��mt�Q I. Provide a miti�ation plan for a total of43 inches.
�
1 TVF&R APPROVAL None Met 10/10/2005 MAS 12/28/2005 SJR
�rovide written sign-off from TVFR that a turn-around is not required and the proposed sprinkler system for parcel
#3 has been approved. If not approved,the applicant must provide and implement a plan showing a TVFR approved fire
apparatus turn-around.
i CASH ASSURANCE FOR TREE MITIGATIO None Met O1/23/2006 SJR Ol/23/2006 PLN
�Prior to commencing site work,the applicant shall submit a cash assurance for the equivalent value of mitigation
required. lf additional trees are preserved through the subdivision improvements and construction of houses,and are
properly protected through these stages by the same measures afforded to other protected trees on site,the amount of the
cash assurance may be correspondingly reduced. Any trees planted on the site or off site in accordance with 18.790.060
(D)will be credited against the cash assurance, for two years following final plat approval. After such time,the
applicant shall pay the remaining value of the cash assurance as a fee in-lieu of planting.
TREE REMOVAL/PRTCT/LANDSCAPE PLA None NOT MET MAS l0/28/2005 BRS
`'(��r� 4. Prior to commencing any site work,the applicant shall submit construction drawings that include the approved Tree
� Removal, Protection and Landscape Plan. The plans shall also include a construction sequence including installation
� p and removal of tree protection devices,clearing,�radin�,and paving. Only those trees identified on the approved Tree
�� Removal plan are authorized for removal by this decision.
1 TREE PROTECTION None Met Ol/23/2006 MAS Ol/23/2006 SJR
ti�Prior to commencing any site work,the applicant shall establish fencing as directed by the project arborist to protect
the trees to be retained. The applicant shall allow access by the Ciry Forester for the purpose of monitoring and
inspection of the tree protection to verify that the tree protection measures are performing adequately. Failure to follow
the plan,or maintain tree protection fencing in the designated locations shall be grounds for immediate suspension of
work on the site until remediation measures and/or civil citations can be processed.
1 AC�ESS EASEMENT PARCEL ti2& #3 None Mct 02/15/2006 SJR 02/15/2006 SJR
�An access easement is required for proposed parcel#2 and#3 in order to establish joint access. Mr. Teny has the
access easement but will not record until plat&when names are known for parcels 2 and 3.
/1 I,SCREEN DRIVE FROM PROPTY TO EAST None NOT MET K� ]0/28/2005 BRS
f�—
7. The applicant is required to provide and implement a plan showing the remaining 115 feet of the proposed access
drive screened from the adjacent property to the east.
1 VISUAL CLEARANCE TRIANGLES ON 79 None NOT MET 10/28/2005 BRS
N��� 8. Place a note on the final plat that no structures, fences,retaining walls or ve�.etation over three feet will be placed in
O��� the visual clearance triangles at the intersection o�t e ro osed driveway and SW 79th Ave e.
�� REE REPORTS IX EVERY 2 WKS None NOT MET MAS l0/28/2005 BRS
9. Prior to final plat approval,the applicant shall ensure that the Project Arborist has submitted written reports to the
City Forester, at least,once every two weeks,from initial tree protection zone(TPZ)fencing installation,through site
``� work,as he monitors the construction activities and progress. These reports should include any changes that occurred to
� the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the
� Project Arborist shall justify why the fencing was moved,and shall certify that the construction activities to the trees did
� not adversely impact the overall, long-term health and stability of the tree(s). If the reports are not submitted or received
��� by the City Forester at the scheduled intervals,and if it appears the TPZ's or the Tree Protection Plan is not being
�� followed by the contractor,the City can stop work on the project until an inspection can be done by the City Forester and
(�, the Project Arborist. This inspection will be to evaluate the tree protection fencing,determine if the fencing was moved
���� at an oint during construction,and determine if any part of the Tree Protection Plan has been violated.
1 BTAIN PFI P None �i�@'I=MET KSM 10/28i2005 BRS
. A Public Facility Improvement(PFI)permit is require� r �s project to cover driveway aprons and any other work
in e public right-of-way. Six(6)sets of detailed public improvement plans shall be submitted for review to the
,��`Oy Engineering Department. NOTE: these plans are in addition to any drawings required by the Building Division and
should only include sheets relevant to public improvements. Public Facility Improvement(PFI)permit plans shall
� � conform to Ciry of Tigard Public Improvement Design Standards,which are available at City Hall and the City's web
page(www.ci.tigard.or.gov).
•
Page 1 of 4 CaseConditions..rpt
� �� 02/17/2006
�
Conditions Associated With 12:52:OOPM
T 1 D E M A R K Case #: MLP2005-00001
COM�i�iER S�STEMS, NC
Condition Status Updated
Code Title Hold Status Changed By Tag Date By
1 CASH ASSURANCE FOR PF[ PERMIT None Met 02!16!2006 KSM 02'16'?006 PLN
� 1 L The PF1 permit plan submittal shall include the e�act legal name,address and telephone number of the individual or
corporate entity who will be designated as the "Permittee",and who will provide the financial assurance for the public
� improvements. For example, specify if the entity is a corporation, limited partnership, LLC,etc. Also specify the state
within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide
accurate information to the Engineering Department will delay processing of project documents.
1 FINAL SIGHT DISTANCE CERTIFICTN None NOT MET KAM 10/28/2005 BRS
12. Prior to approval of the final plat,the applicant's engineer shall provide final sight distance certification for
proposed and existing driveways.
] CONST VEHICLE ACCESS/PARKING PLAN None NOT MET KSM 10/28/2005 BRS
3 The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The
rpose of this plan is for parking and traffic control during the public improvement construction phase. All
con truction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park
on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor
involved in the construction of site improvements or buildings proposed by this application,and shall include the
vehicles of all suppliers and employees associated with the pro ect.
1 PAY ADDRESSING FEE None �,� �4 � 10/28/2005 BRS
,�Y�Prior to final plat approval,the applicant shall pay the addressing fee.(STAFF CONTACT: Shirley Treat.
En ' eering).
�� ESTCTV COVNT FOR EDGEWOOD ST None NOT MET KSM 10/28/2005 BRS
�M 15. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future
improvements of SW Edgewood Street adjacent to the subject property,when any of the following events occur:
1 A. when the improvements are part of a larger project to be financed or paid for by the formation of a Local
�� Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in whole or in part by the City or other
public agency,
C. when the improvements are part of a larger project to be constructed by a third party and involves the sharing of
design and/or construction expenses by the third party owner(s)of property in addition to the subject property,or
D. when construction of the improvements is deemed to be appropriate by the Ciry Engineer in conjunetion with
construction of improvements by others adjacent to the subject site
1 JT USE&MAIN AGREEMT COM DRVWYS None NOT MET KSM 10/28/2005 BRS
16. 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. "Che agreement shall
be approved by the Engineering Department prior to recording.
1 SEWER CONNECTION& PERMIT None NOT MET KSM 10/28/2005 BRS
17. The applicant shall provide connection of proposed parcels to the public sanitary sewerage system. A connection
permit is required to connect to the existing public sanitary sewer system. The sewer reimbursement fee must be paid
prior to issuance of the PFI permit.
L, �,l� �5 UTILITY LINES UNDERGROUND OR FEE None NOT MET KSM 10/28/2005 BRS
I�"� 18. The applicant shall either place the existing overhead utility lines along SW Edgewood Street underground as a part
��• of this project,or they shall pay the fee in-lieu of undergrounding. The fee shall be calculated by the frontage of the site
that is parallel to the utility lines and will be$35.00 per lineal foot. Ifthe fee option is chosen,the amount will be
$3,500.00 and it shall be paid prior to final plat approval.
l H20 REVIEW& DEPOSIT None �T MET �� KSM 10/28/2005 BRS
19. Any extension of public water lines shall be shown on the proposed Public Facility Improvement(PFI)permit
construction drawings and shall be reviewed and approved by the Ciry's Water Department,as a part of the Engineering
Department plan review. NOTE: An estimated 12%of the water system costs must be on deposit with the Water
Deparhnent prior to approval of the PFI permit plans from the Engineering Deparhnent and construction of public water
lines.
1 EROSION CONTROL PLAN REQUIRED None KSM 10/28/2005 BRS
Page 2 of 4 CaseConditions..rpt
02/17/2006
��� Conditions Associated With 12:52:OOPM
T I D E M A R K Case #: MLP2005-00001
COMPUiER SVSiEMS. I'VC
Condition Status Updated
Code Title Hold Status Changed By Tag Date By
20. An erosion control plan shall be provided as part of the Public Facility Improvement(PFI) pennit dra«ings. The
plan shall confurm to the "Erosion Prevention and Sediment Control Design and Planning Manual. February ?003
edition."
1 GPS COORDINATES None NOT MET KSM 10/28/2005 BRS
21. The applicanYs final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global
�� positioning system(GPS)geodetic control network(GC 22). These monuments shall be on the same line and shall be of
the same precision as required for the subdivision plat boundary. Along with the coordinatcs,the plat shall contain the
scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These
coordinates can be established by:
-GPS tie networked to the Ciry's GPS survey.
- By random traverse using conventional surveying methods.
1 FINAL PLAT APPLCT REQUIREMENTS None NOT MET KSM 10/28/2005 BRS
22. Final Plat Application Submission Requirements:
A. Submit for City review four(4)paper copies of the final plat prepared by a land surveyor licensed to practice in
�Oregon,and necessary data or narrative.
�C)�( B. Attach a check in the amount of the current final plat review fee(Contact Planning/Engineering Permit Technicians,
/ U at(503)639-4171,ext.2421).
C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes
(ORS 92.05), Washington County,and by the City of Tigard.
D. The right-of-way dedication for Edgewood Street shall be made on the final plat. The dedication shall provide for 27
feet of ROW from centerline.
E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the
Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's
surveyor.
F. After the Ciry and Counry have reviewed the final plat,submit two mylar copies of the final plat for City Engineer
signature(for partitions),or City Engineer and Community Development Director signatures(for subdivisions).
1 REMO E GARAGE ON PARCEL#2 None NOT MET MAS 10/28/2005 BRS
,�^� 23. Prior to building permits,the existing garage on parcel#2 must be removed.
i�
�I��REMOVE BLDGS/GARAG OF EXIST HOME None NOT MET MAS 10/28/2005 BRS
� 24. All out buildings and the garage of the existing home will be removed prior to building permits.
1 DEED RESTRICTION -TREE PROTECTIO None NOT MET MAS 10/28/2005 BRS
, 25. Prior to issuance of building permits,the applicandowner shall record a deed restriction to the effect that any
C� existing tree greater than 12" diameter may be removed only if the tree dies or is hazardous according to a certified
arborist. The decd restriction may be removed or will be considered invalid if a tree preserved in accordance with this
decision should either die or be removed as a hazardous tree.
E PRO ECTION APPROVAL FOR BLD None NOT MET MAS 10/28/2005 BRS
26. Prior to issuance of building permits,the applicant shall submit site plan drawings indicating the location of the trees
tha were preserved on the lot, location of tree protection fencing,and a signature of approval from the project arborist
regarding the placement and construction techniques to be employed in building the house. All proposed protection
fencing shall be installed and inspected prior to commencing construction,and shall remain in place through the duration
home building. After approval from he City Forester,the tree protection measures may be removed.
1 FINAL PLAT-PHOTOMYLAR COPY None NOT MET KSM 10/31/2005 BRS
27. rior to issuance ermits,the applicant shall provide the Engineering Department with a"photomylar"
copy of the recorded final plat.
1 APPROVAL FOR WORK IN PUBLIC ROW None NOT MET KSM 10/31/2005 BRS
28. Prior to issuance of building permits the applicant shall complete any work in the public right-of-way(or public
easement)an o a om t e ngineering Department
Page 3 of 4 CaseConditions..rpt
02/17/2006
��
Conditions Associated With 12:�1:SSPM
T I D E M A R K Case #: MLP2005-OOOOI
COMPUTER StiSTEMS iNC
Condition Status U pdated
Code Title Hold Status Changed By Tag D$te By
1 H20 FEES FOR PARCELS 1 R.3 None NOT MET KSM 10/31/200� BRS
29. During issuance of the building permit for Parcels I &3,the applicant shall pay the standard water quality and
water quantity fees per lot(fee amounts will be the latest approved by CWS).
Page 4 of 4 CaseConditions.rpt
• � Wasr �n County,Oregon 2006-109630
. 0911 d 04:34:18 PM
D•RIB CM=1 Stn=3 T EAKIN
� 530.00 58.00 S11.00 520.D0•Totat=587•00
After recording, return to:
City of Tigard —Records Division
�' 13125 SW Hall Blvd. , ,�i
� Tigard, OR 97223 �--'� ' 01009762200601096300060060
� I,Rlchard Hob�mlcht,Olnctor of An�pm�nt and "��';v.�
.� � T�x�tlon�nd Ex-ORltlo CouMy Cl�rk for Washlnpton
(�j Count Or� on,do h�nby urtVy that th�wlthln ��`
Y� G r.=.� .�;.
i1, In�trum�nt o!wrltlnp wa�nalved�nd ncord�d In th�;r_, ;i,�
�;as /) �� �O• � , n��O����I book of ncordt af tald sayrQY. � � �I i. .`�f- ';'`., ,, ;,
"Y 1 1/ Cy.�,�«.k �t}o„un�����•,
� ��( Rlchnd W.Hob�mlcht,Dlnctor of Atu��mmt and ��
7azitlon,Ex-0Melo County CI�rN
RESTRICTIVE COVENANT
(FUTURE STREET IMPROVEMENTS)
THIS AGREEMENT is entered into this 3� day of a'� , 20 �� , by the City of Tigard, a
Municipal Corporation of Washington County, Oregon, ("CITY"), and
�iro��� ic��vY ,7'cN�✓p �i��/y . ("OWNER").
RECITALS
WHEREAS OWNER is the Owner of record of Property covered by this Agreement as shown in Section
1 below, and
WHEREAS OWNER has received approval of a development on the Property from the CITY, as set forth
in MLP2005-00001 dated 10/26/2005. and
WHEREAS Chapter 18.810 of the TMC (Tigard Municipal Code) contains certain conditions applicable to
street improvements, and issuance of permits is conditioned on OWNER'S comptiance with the TMC,
and
WHEREAS OWNER wishes to mitigate the impacts of the proposed development, and
WHEREAS parties wish to fulfiil the requirements of Chapter 18.81 D.
IN CONSIDERATION of the mutual promises, covenants and undertakings, and the issuance of a
building permit in advance of OWNER constructing improvements required by the TMC, the parties agree
as follows:
Section 1: The real property subject to this Agreement is described as follows: �,��}�
Parcels 1, 2& 3 of Parfition Plat No.����',recorded as Document No. ."���1�'�� Washington County
,
Oregon.
OWNER agrees that the terms of this Agreement shall bind the OWNER as well as its
heirs, successors in interest or assigns.
Section 2: The improvements covered by this Agreement are as follows:
Edqewood Street
Restrictive Covenant(Future Street Improvements) Page 1 of 4
as��ooaace:inro�
Half-street improvements inc(uding, but not limited to, curb, sidewalk, planter strip and
storm sewer.
Section 3: This Agreement shall be in full force and effect from the date of its execution until the
improvements referred to in Section 2 are constructed in accordance with CITY standards
in effect at the time of construction.
Section 4: CITY agrees that the improvements listed in Section 2 will only be required as a result of
any one of the following events:
(1) when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
(2) when the improvements are part of a larger public project to be financed or paid far
in whole or in part by CITY or other public agency,
(3) when the improvements are part of a larger project to be constructed by a third
party and invo{ves the sharing of design and/or construction expenses by the third
party owner(s) of property in addition to the property described in Section 1, or
(4) when construction of the improvements are deemed to be appropriate by the City
Engineer in conjunction with construction of improvements by others adjacent to
the improvements described in Section 2.
In addition to this Agreement, OWNER'S obligation to share design and/or construction
expenses may arise by application of the Reimbursement District Ordinance; Chapter
13.09, TMC, or any similar ordinance or law providing a process whereby such expenses
are distributed among benefited properties.
Section 5: OWNER agrees to sign any and all waivers, petitions, consents and all other documents
necessary to obtain the above listed applicable improvements under any improvement act
or proceeding of the State of Oregon, Washington County, or the CITY as may be
proposed or adopted and to waive all right to remonstrate against the improvements listed
in Section 2 above, submitted either alone or in conjunction with other improvements
described in Section 4, as may be proposed. OWNER agrees that in lieu of any other
document, CITY may treat this Agreement as a waiver of remonstrance on behalf of the
property described in Section 1 against formation of such a Local Improvement District.
OWNER covenants and agrees that the improvements described in Section 2 will specially
benefit OWNER'S property as described in Section 1.
Section 6: If CITY decides to form a Local Improvement District as a mechanism for the installation of
improvements listed in Section 2, then OWNER shall retain the right to protest only the
amount or the manner of spreading the assessment, but not the formation of such district.
Section 7: CITY acknowledges that OWNER'S execution and performance of the terms of this
Agreement constitutes compliance with the requirements of TMC Chapter 18.810.
Section 8: OWNER agrees that if CITY causes the improvements listed in Section 2 to be
constructed, or part of such improvements without regard to the source of funds for such
project, but not as part of a Local Improvement District, then CITY will charge to OWNER
and OWNER will promptly pay OWNER'S share of the cost of such improvements.
OWNER'S share will be determined by CITY in a manner similar to spreading the cost of a
public improvement to specially benefited properties. The parties intend OWNER to share
in the cosf of improvements even though actual construction is undertaken and performed
Restrictive Covenant (Future Street Improvements) Page 2 of 4
aevist000we: v�ro�
by some third party, so long as the improvements, listed in Section 2, are included within
the project.
(1) Except as otherwise provided in subsection (2) of this section, prior to construction
of such improvements under this section, OWNER shall be provided not less than
six (6) months written notice by first class mail that the project will be built. The
notice shall advise OWNER that OWNER will share in the cost of such
improvements and provide OWNER with an estimate of the total project cost as
well as an estimate of OWNER'S share of the costs. Failure to provide this "six
month" notice in advance of construction shall not nullify OWNER'S obligation to
pay, but shafl only extend the payment due date by the amount of time less than
six months that notice was given, but not more than six months. Upon completion
of improvements pursuant to this Section, CITY shall provide written notice to
OWNER of OWNER'S share of the actual cost of the improvements and �WNER
shall pay OWNER'S share within sixty (60) days. If OWNER's share of the cost of
the improvements is $10,000 or more, the owner may elect to pay the City in 10
equal annual installments, with the first installment due within 60 days of the
notice. The installment option shall be available only if the OWNER provides
written notice and the first payment within 60 days of the notice. If the installment
option is chosen, the unpaid amounts shall bear interest at the then lega( rate of
interest. Interest on overdue payments shall bear interest at the rate of one and
one-half(1 '/%) per month from the date the payment is due until paid.
(2) Where the improvements listed in Section 2 are constructed by a third party, who
seeks reimbursement in accordance with the Reimbursement District Ordinance,
Chapter 13.09, TMC, or a similar ordinance, then the terms and procedures of the
ordinances shall apply in lieu of the provisions in subsection (1) of this section.
Section 9: At any time prior to the events listed in Section 4, OWNER or OWNER's successors may
pay to the CITY an amount determined by the CITY to be OWNER's share of the
anticipated cost of the future improvements. Payment under this section shall discharge
all of OWNER's obligations under this Agreement. City shall use the funds received under
this section solely to pay for the costs of the improvements.
Section 10: CITY and OWNER intend that all terms of this Agreement shall be covenants, conditions,
and restrictions running with the title to the property covered by this Agreement, and shall
be binding upon parties to this Agreement, their heirs, executors, assigns, administrators,
and successors and shall be construed to be a benefit and a burden upon the property
described in Section 1. The parties agree the CITY may, for purposes of recovering the
cost of improvements described in Section 2, levy an assessment against the property,
described in Section 1, and may enforce payment of such assessment in the manner
provided in ORS Chapter 223 or the general laws of the State of Oregon.
Section 11: Promptly after its execution by the parties, this Agreement shall be recorded in the records
of Washington County to provide public notice and especially notice to future owners of
property, described in Section 1 of the conditions, covenants and restrictions against the
title to the property imposed by this Agreement.
Section 12: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In
addition to any other legal remedies, OWNER'S failure or refusal to compty with this
Restrictive Covenant(Future Street Improvements) Page 3 of 4
RMS�on deta:1/1N1
Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties
provided in the TMC may also be enforced.
Section 13: If suit or action is instituted to enforce a right guaranteed in this agreement, the prevailing
party shall be entitled to, in addition to the statutory costs and disbursements, a
reasonable attorney's fee to be fixed by the trial and appellate courts respectively.
Section 14: The parties agree that if any term of provision of this agreement is declared by a court to
be illegal or in conflict with any law, the validity of the remaining terms and provisions shall
not be affected, so long as this agreement continues to reflect the intent of the parties. The
parties shalt negotiate an equitable adjustment af this agreement so that the purposes of
this agreement are effected.
OWNER(S): �_,,, _
�E, -r `
t� ` '=' � �?�tuu�... -1�z�c.-v,f'_�..
Signatur� ,,, Signature
����E'�� %'�i�'y ���V'�l�{ ��-.���
Name (Print or Type) Name (Print or Type)
��d�E�� ��:�c�^,
Title (Print or Type) Title (Print or Type)
Acknowledgment of OWNER'S signature(s) must be notarized. Where the OWNER is a corporation, it
has caused its name to be signed by resolution or officiaf approval of its board of directors.
STATE OF OREGON )
County of � a s��✓'�f�i"% )
f
On his �� day _ /'�/�-C�� , 20�, before me a Notary Public,
" `� ' ° � personalty appeared and acknowledgad that
the fore oing instrument to be eir voluntary act and deed. �
,/r
Before me:
OFFlCIAL SEAL ary ic for Oregon
RUSS�LL Wtt17E
NOTARY PUBLIC-OREGON My commission expires: � �� o�OJ?
COMMISSION NO.371�31
t�Y C�MMISSION DCPIRES AUGUST 12,2047
�
Accepted on behalf of the City of Tigard this ( 2 day of /�vr i � , 20 �.
� P- Q.�-•--.----�
City Engineer
Restrictive Covenant (Future Street Improvements) Page 4 of 4
Revlsioo Ca�e:1A/01
N� CHANGE IN TAX STATEMENT
CoCUment3
Restrictive Covenant(Future Street Improvements) Page 5 of 4
Reviqonate: ir1Nt
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. TIGARD
. „�,,,�2 2S 1 02DC 2S 1 02DC
Wa� m Counry,Oregon 2�06-109629
0911 .J6 04:34:18 PM
D-R16 Crk=1 Stn=3 T EAKIN
After Recording Return To: ss.00 se.00 s��.00•ro��=azz.00
� City of Tigard
� T g�ard R 972 23 d � � T:;�;�':d Ez�ORI�CIo CountyOC 0�09��,00 Qo o�s} \`. }.
\� �t i County,Or�pan,do h�nby urtlty th�t th�wlthln
f'; � � In�trummt of wrltlnp wat nulv�d�nd ncord�d In the��'� �,i
� book of neordt of tdd yoyrs�y. � 1 �I , `..J-
i �1 V �" . f l V� Q�V �V���� ,/ (y.c.4,.K V �aW�aN
� Rlehvd W.Hob�mleht,Dlr�etorofAu���m�nt�nd
T�Y�tlon,Ex-0Mclo County Cbrk
TREE RESTRICTIVE COVENANT
DEED RESTRICTION
Declarant is the owner of propert described as �•-��n� ��' ` ���n�
i.f��� yi h '��v �`'� h�
, recorded as Document No. ,-�c�i� �c� `�(�d�7' , Washington
County Book of Records.
Declarant has preserved or retained trees over and across portions of said
property in accordance with the Conditions of Approval of said plat. Any such
preserved or retained tree may be removed only if the tree dies or is hazardous
according to a certified arborist. This deed restriction may be removed or will be
considered invalid if all trees preserved in accordance with this section should either die
or be removed as hazardous.
THIS AGREEMENT shal! be deemed a Covenant runnin with the land and is
6inding upon the owners of property described as „� � f �..� .1�G fLo17C`�
Washington
County, Oregon, and their successors and assigns.
IN WiTNESS THEREOF, the Declarant has executed this agreement on that
date and year set forth below.
DECLARANT:
� � � �--
� s ���� �-�
STATE OF OREGON, COUNTY OF WASHINGTON
This instru ent was acknowledged before me by , ,
�,.�
�/,f.�� 3l f" �:r.c/ ;�� /��`�n�G;� �JU l�
OFFlCIAL SEAL
RUSSFLL k9��S�i�
NOTARY PUBLIC—OR�a�P!
COMMISSION NO.371631
MY CQMMISSION EXPIRES AUGUST 12,2007 � ����
NOTA U � — OREGON Date y Commission Expires
i,t;, . , �:i C
- S.W. EDGEWQQD STREET
7' ROW DEDICAl10N— D S
84.31' �Ij
N 88'41 00 W �p 16.00'
�
w ° ::;.:,-~ :
c0 p N ,++�. .Nj
N'
� �
3
:
N �
r''] �
�'�
N ! I
6 0 �.0
I
PROPOSED BUILDING a
�o N o
o�i 'r
O
N
ry 12
' 114 � �
�"-2�e o 83.41' �'�� .
s
N 88'41 00 W
BUILDING SETBAqC IJNE
�
PARCd 6 TCVY PaZTIT10N
WASI-�IATQIV COIJYTY
STA'I� Of� QRt'AON
arrne so�.n�
7.864 3O.r'T.
9.%9 8Ga. r'T.
GCOR6C TLT�Y
9200 8W!,'DQCWO00 STRR'T
17�ARD. OR
� Si-�T
' , °R'�� 9210 SW EDC�EWOOD STR�T
�
06�1 u.c srr� �av oa,Ar,�a,-•s.om-n,nx
d.av..a��
90.�7lF�DI pAT6 AUOIJST 07. 2006 SCALb 1'f20' OI°p 1
CITY O�'TiGARD-SiTE PLAN REVIEW
� I DING FERM 'f N : `� ou�O_ o
PUBL[C WORKS:
Street Trces: u�A� ❑ APpro�� ❑ Not Approvod
Protected Trces: r� � Ll APprov�d Q a� pproved
B , Date:
Notes� _I
M lTl&�I'T[C�N �� 7' i.DCI�'�0/�
��Ra�D ,
' �gton County,Oregon 20�6-109629
t006 04:34:18 PM
. . Crrts� Stn=3 T EAKIN
After Recording Return To: ss.00 sa.00 s��.00•roc�=szz.00
� City of Tigard
13125 SW Hall Blvd
� 01009761200601096290010019
r 1 � ard OR 97223 I,Rlchud Hob�mleht,Dlnctorof A�uttm�nt and � ,,
� 9 7axatlon tnd EY-0lflelo Counry Cl�rk Tor Wa�hlrpton i ,,
Courrty,OnpOn,do h�nby c�rtlfy th�t th�wlthln �-:`
Imtrummt of wrtUnp was ncNv�d and ncord�d In the r�,: .:i;�
book of ncard�of tald y. 4��'•.
�il� N�� ►��a��0000i �i� �� .�':
Richard W.Ho6�micht,Dlnctor olA�at�m�nt and
TaxNlan,Ex-0Mclo Courdy Cl�rk
TREE RESTRICTIVE COVENANT
DEED RESTRICTION
Declarant is the owner of propert described as �-���'� ��' - ���n�
��c? �l i r� '/�v<v �`'�-c� ��
, recorded as Document No. ;�c���� 1 c? 9���^7 , Washington
County Book of Records.
Declarant has preserved or retained trees over and across portions of said
property in accordance with the Conditions of Approval of said plat. Any such
preserved or retained tree may be removed only if the tree dies or is hazardous
according to a certified arborist. This deed restriction may be removed or will be
considered invalid if all trees preserved in accordance with this section should either die
or be removed as hazardous.
THIS AGREEMENT shall be deemed a Covenant runninq with the land and is
binding upon the owners of property described as � S � G�� 1�G ;'/_<- I %C�%
Washington
County, Oregon, and their successors and assigns.
IN WITNESS THEREOF, the Declarant has executed this agreement on that
date and year set forth below.
DECLARANT:
`-^7�„ ' ' / `(�J�~c 1G7 .�'��C-C�
'�''� �'`""'`"y`�' a'_.....__-
, :
STATE OF OREGON, C�UNTY OF WASHINGTON
This instrument was ackn/o�wledged before me by , ' ' -� � � ��� �''
i' �� �� ;l�� / l'� (JV
�� OFFlCIAL SEF.�
,, RUSSFLL V4�t°:'s o�
�� '. �,.-,; NOTARY PUBLIC—OR;:"i;: �
COMMISSION N0.371bS!
MY COMMISSION EXPIRES AUGUST 12,20� �J��
NOTA U i� - OREGON Date y Commission Expires
,
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9200 S W Edgewood St. 1/22/2007
Arborist Inspection Report
I inspected the site at 9200 SW Edgewood St., Tigard, Oregon. The tree protection fences around
the four protected trees are in place and intact, at a sufticient distance from the protected trees.
The trees in question are Tree 4 (myrtle), Tree 9 (grand fir), Tree 10 (Scots pine) and Tree ll
(Scots pine).
The fence material does get damaged easily, and it will undoubtedly be necessary to repair or
replace sections from time-to-time. I recommend keeping some fence material and ties at the site
for timely repairs.
Some digging activity occurred in the City right-of-way close to the property line. Some roots
belonging to one of the Scots pine trees were damaged by the excavation and I cut them off
cleanly. This will not be detrimental to the tree, and it is worth noting that roots growing in the
City right-of-way cannot legally be protected by the property owner. If more excavation is done
in the right-of-way I recommend that it be supervised by a qualified arborist. It may be necessary
to tunnel underneath the other two trees there to avoid irreparable damage resulting in a
hazardous condition.
No further inspections are contracted at this time.
Multnomah Tree Experts, Ltd. Page 1 of 2
9200 SW Edgewood St. l/22/2007
Assumptions and Limiting Conditions
Multno►nah Tree Experts, Ltd. 8325 SW 42°d Ave. Portland, OR 97219
Voice (503)452-8160 Fax(503)452-?921 peter@multnomahtree.com
]. Any legal description provided to the consultant is assumed to be correct. Titles and ownerships
to property are assumed to be good and marketable.No responsibility is assumed for legal
matters.
2. Care has been taken to obtain all information from reliable sources. All data have been verified
insofar as feasible; however, the consultant can neither guarantee nor be responsible for the
accuracy of information provided by others.
3. The consultant shall not be required to give testimony or attend court by reason of this report
unless subsequent contractual arrangements are made, including additional fees.
4. This report and any values expressed herein represent the opinion of the consultant, and the
consultant's fee is in no way contingent upon the reporting of a specified value, a stipulated
result, the occurrence of a subsequent event, nor upon any finding to be reported.
5. Sketches,drawings and photographs in this report are intended as visual aids and may not be to
scale. The reproduction of information generated by other consultants is for coordination and
ease of reference. Inclusion of such information does not constitute a representation by the
consulting arborist, or by Multnomah Tree Experts, Ltd., as to the sufficiency or accuracy of the
information.
6. Unless expressed otherwise, information in this report covers only items that were examined, and
reflects the condition of those items at the time of inspection. The inspection is limited to visual
examination of accessible items without laboratory analysis, dissection,excavation, probing, or
coring, unless otherwise stated.
7. There is no warranty or guarantee, expressed or implied,that problems or deficiencies of the
plants or property in question may not arise in the future.
8. This report is the completed w�rk product. Any additional work, including production of a site
plan, addenda and revisions, construction of tree protection measures, tree work, or inspection of
tree protection measures, for example, must be contracted separately.
9. Loss or alteration of any part of this report invalidates the entire report.
Peter Torres, Master of Forestry
CCB# 154349 ASCA RCA No. 372 ISA Board Certified Master Arborist
PN 0650-B
Multnomah Tree Experts, Ltd. Page 2 of 2
. � �LP ,'��70.5�-Ovoo / �. / ..��r�
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9200 S W Ed�ewood St. 1/l 0/2006
Mitigation
The property located at 9200 S W Edgewood St.. Tigard, is being developed. The retention rate
for existing trees is 57%. Chapter18.790.030 B.2.C. requires a 50% mitigation rate, and the
owner will comply by replanting a total of 43 caliper inches.
One grand fir tree and two Douglas-fir trees are being removed trom the site. The replacement
species will be Douglas-fir (Pseudotsuga memiesii) and western red-cedar (Thuja plicu�u), two
successful native conifers. Grand fir will not be used due to regional infestation by the balsam
wooly aphid.
Because the trees to be removed are too large to be replaced, this site will comply with Chapter
18.790.060 D. Replacement tree caliper will be 1.5 inches, and twenty-eight trees will be planted.
Because it is a small property, fourteen of these mitigation trees will be planted on the property,
and fourteen will be planted on other private property of the owner's choosing within the City.
This is expressly allowed by Chapter 18.790.060 D.3.
In accordance with Chapter 18.790.060 D.4., the replacement trees will be planted in a manner
that fosters growth to maturity. I recommend that the planting be done by a firm with a State of
Oregon CCB or LCB license. The exact planting locations on the property will be chosen by the
landscape designer at a later date. The off site planting locations will be submitted to the City for
approval.
Finally, as required by Chapter 18.790.030.B.2., the owner understands that the replacement trees
cannot be used towards any other development code provisions for landscaping, streets, and
parking lots.
Multnomah Tree Experts, Ltd. Page 1 of 2
9200 S W Edgewood St. 1/10/2006
Assumptions and Limiting Conditions
Multnomah Tree Experts, Ltd. 8325 SW 42°�Ave. Portland, OR 97219
Voice(503)452-8160 Fax(503)452-2921 peter(c�multnomahtree.com
1. Any legal description provided to the consultant is assumed to be correct. Titles and ownersllips
to property are assumed to be good and marketable. No responsibility is assumed for legal
matters.
2. Care has been taken to obtain all information from reliable sources. All data have been verified
insofar as feasible; however, the consultant can neither guarantee nor be responsible for the
accuracy of information provided by others.
3. The consultant shall not be required to give testimony or attend court by reason of this report
unless subsequent contractual arrangements are made, including additional fees.
4. This report and any values expressed herein represent the opinion ofthe consultant,and the
consultant's fee is in no way contingent upon the reporting of a specified value, a stipulated
result, the occurrence of a subsequent event, nor upon any finding to be reported.
5. Sketches,drawings and photographs in this report are intended as visual aids and may not be to
scale. The reproduction of information generated by other consultants is for coordination and
ease of reference. Inclusion of such information does not constitute a representation by the
consulting arborist, or by Multnomah Tree Experts, [,td., as to the sufficiency or accuracy of the
information.
6. Unless expressed otherwise, information in this report covers only items that were examined, and
reflects the condition of those items at the time of inspection. The inspection is limited to visual
examination of accessible items without laboratory analysis,dissection, excavation, probing, or
coring, unless otherwise stated.
7. There is no warranty or guarantee, expressed or implied,that problems or deficiencies of the
plants or property in question may not arise in the future.
8. This report is the completed work product. Any additional work, including production of a site
plan, addenda and revisions, construction of tree protection measures, tree work, or inspection of
tree protection measures, for example, must be contracted separately.
9. Loss or alteration of any part of this report invalidates the entire report.
Peter Torres, Master of Forestry
CCB# 154349 ASCA RCA No. 372 ISA Board Certified Master Arborist
PN 0650-B
Multnomah Tree Experts, Ltd. Page 2 of 2
9200 SW Edgewood St. 4/15/OS
Tree Plan for 9200 SW Edgewood St.
This Tree Plan is written at the request of Mr. Wally Miller, for the property
located at 9200 SW Edgewood St. in Tigard, Oregon. As directed by Chapter 18.790 of
the City of Tigard Municipal Code, the health, removal, protection, and mitigation of
trees are addressed.
There are fifteen trees on the subject property, where "tree" means a standing
woody plant, or group of such, having a trunk which is 6 inches or more in size when
measured at standard height. Tree species and their frequency are shown in the Tree Table
below. The following species are present:
Apple (Malus sp.)
Cherry (Prunus sp.)
Douglas-fir(Pseudotsuga menziesii)
Grand fir(Abies grandis)
Oregon myrtle (Umbellularia californica)
Pissard plum (Prunus cerasifera)
Port Orford cedar (Chamaecyparis lawsoniana)
Scots pine (Pinus sylvestris)
Exempt Trees
Thirteen trees are larger than 12 inches in caliper, as defined by 18.790.020.6. Six
of these are hazardous trees, by reason of disease or other condition, and all six should be
removed from the site. Hazardous trees are not subject to the Mitigation Requirements of
18.790.030.
• Tree No. 1 (T1) is a cherry tree in terminal decline. Approximately 90% of its
crown is dead.
• T2 is an apple tree with approximately 80% live crown.
• T 12 through T 15 are Port Orford cedar trees that are infected with Port Orford
root rot. This soil-borne disease infects roots and spreads from tree to tree through
root grafts. It also spreads through the movement of infected soil and water. There
was once a much larger hedgerow of Port Orford cedar here, and all except these
four already died.
• "Two healthy trees here, No. 5 and No. 6, are not larger than 12 inches in caliper,
and can be removed or voluntarily retained. Root protectio�l zones (RPZs) for
these trees are given in brackets, in the Tree Table.
Multnomah Tree Experts, Ltd. Page 1 of 4
9200 SW Edgewood St. 4/15/OS
Tree Removal
Three non-exempt trees larger than 12 inches in caliper will be removed.
• Tree 3, a Douglas-fir, will be removed to build a house on Parcel 3.
• T7 and T8. a Douglas-fir and a grand fir, will be removed to build on Parcell.
Trees to be removed are marked on the Tree Plan map. The project arborist will
flag each of these with yellow tape before grading and clearing operations begin.
Mitigation
The retention rate for subject trees at this site is 57%. Chapter18.790.030.B.2.c.
requires a 50% mitigation rate. Because the trees are too large to be replaced, Mitigation
Option E. of Chapter 18.790.060 will be initiated. At the rate of$125 per inch, 50% of 86
inches yields $5,375 as the "in lieu of replacement" payment to the City. If the owner
wishes to modify this option by partial replacement on the property, a City Planner
should be consulted and the replacement trees should be indicated on the landscape plan.
Tree Preservation
Four trees larger than 12 inches in caliper will be preserved, and these require
protection from construction damage.
• T4 is an Oregon myrtle that requires an 18 ft. root protection zone.
• T9 is a grand fir that requires a 16 ft. RPZ.
• T10 and T11 are Scots pine trees that require 14 ft. and 12 ft. root protection
zones respectively.
Tree No. 4 will receive a separate fence that begins and ends on the property line.
Trees 9 through 11 should be protected with a continuous fence, guided by the radii in the
Tree Table. This fence should extend along the right-of-way to completely enclose the
root protection zones.
If any trees are illegally removed prior to or during construction, a violation of the
City's Development Code will result. The applicant acknowledges that the development
code provides for the following penalties if the trees on site are damaged or removed:
`Notwithstanding any other provision of this title, any party found to be in violation of
this chapter pursuant to Chapter 1.16 of the Tigard Municipal Code shall be subject to a
civil penalty of up to $500 and shall be required to remedy any damage caused by the
violation. Such remediation shall include, but not be limited to, the following;
A. Replacement of unlawfully damaged or removed trees in accordance with Section
18.790.060 (D) of the Tigard Development Code; and
B. Payment of a additional civil penalty representing the estimated value of any
unlawfully removed or damaged tree, as determined using the most current
international Society of Arboriculture's Guide for Plant Appraisal."
Multnomah Tree Experts. Ltd. Page 2 of 4
9200 SW Edgewood St. 4/15/OS
Root Protection Zones
All trees selected for mandatory preservation will be fenced off at the edge of the
Root Protection Zone, or RPZ. The drip lines of the trees are an estimate of the soil area
that should be included. The final size and shape of individual root protection zones
should be based on root habit and other site factors, so the exact fence locations will be
determined by the project arborist in the field. The radii in the Tree Table should be used
initially, and indicated on the site plan.
The general contractor and the project arborist will meet at the site before work
begins to mark the construction fence locations. Unless otherwise noted, all tree
protection fencing will be installed before construction starts, and kept in place until
construction is complete. Once the fences are installed, the owner must request inspection
and approval by the City Forester before any additional work is performed.
Fences will be 6 ft. high orange plastic mesh secured to 8 ft. metal posts in the
ground, or 6 ft. high steel fencing on concrete blocks. Unce installed and approved, tree
protection fences may not be opened or removed unless directed by a qualified arborist.
"Qualified arborist'" can include the project arborist, City Forester. or any ISA Certified
Arborist or ASCA Registered Consulting Arborist who is familiar with this tree
protection plan.
Root protection zones may be entered only for tasks like surveying, measuring,
and sampling without supervision by a qualified arborist. Upon completion of these tasks,
the fence must be closed. Without written authorization, none of the following will occur
within the root protection zones:
1. New buildings;
2. Grade change or cut and fill, during or after construction;
3. New impervious surfaces;
4. Utility trench alignments;
5. Drainage field placement;
5. Staging or storage of materials and equipment during construction;
6. Vehicle maneuvering areas during construction.
Conclusion
This document satisfies the Tree Plan Requirement (Chapter l 8J90.030) for the
City of Tigard. It delineates the trees on the site, the exemptions, the trees being removed,
and those being protected. Protection measures are described for four trees that are in the
mandatory preservation category.
No tree can be removed without consent of the land owner. The goal of this Tree
Preservation Plan is to protect trees according to the City of Tigard Development Code,
and to observe all laws, rules, and regulations. It is the client's responsibility to
Multnomah Tree Experts, Ltd. Page 3 of 4
9200 SW Edgewood St. 4/15/OS
implement this Tree Protection Plan fully, and to monitor the construction process. We
highly recommend a preconstruction meeting with the owner, contractors, and the project
arborist. Given reasonable notice, a qualified arborist from Multnomah Tree Experts, Ltd.
will be available throughout the construction process to help with tree-related problems.
Deviations from this Tree Protection Plan can result in tree damage, violations of the City
code, and civil penalties.
Multnomah Tree Experts, Ltd. Page 4 of 4
9200 SW Edgewood St. 4/15/OS
Assumptions and Limiting Conditions
Multnomah Tree Experts, Ltd. 8325 SW 42°d Ave. Portland, OR 97219
Voice (503)452-8160 Fax(503)452-2921 torrespt@aracnet.co�n
1. Any legal description provided to the consultant is assumed to be correct. Titles and
ownerships to property are assumed to be good and marketable. No responsibility is assumed for
matters legal in character.
2. Care has been taken to obtain all information from reliable sources. All data have been
verified insofar as feasible; however, the consultant can neither guarantee nor be responsible for
the accuracy of information provided by others.
3. The consultant shall not be required to give testimony or attend court by reason of this
report unless subsequent contractual arrangements are made, including additional fees.
4. This report and any values expressed herein represent the opinion of the consultant, and
the consultant's fee is in no way contingent upon the reporting of a specified value, a stipulated
result, the occurrence of a subsequent event, nor upon any tinding to be reported.
5. Sketches, drawings and photographs in this report are intended as visual aids and are
probably not to scale. The reproduction of information generated by other consultants is for
coordination and ease of reference. Inclusion of sucl� information does not constitute a
representation by the consulting arborist, or by Multnomah Tree Experts, Ltd., as to the
sufficiency or accuracy of the information.
6. Unless expressed otherwise, information in this report covers only items that were
examii�ed, and reflects the condition of those items at the time of inspection. The inspection i5
limited to visual examination of accessible items without laboratory analysis, dissection,
excavation, probing, or coring, unless otherwise stated.
7. There is no warranty or guarantee, expressed or implied,that problems or deficiencies of
the plants or property in question may not arise in the future.
8. This report is the completed work product. Any additional work, including production of
a site plan, addenda and revisions, construction of tree protection measures, tree work, or
inspection of tree protection measures, for example, must be contracted separately.
9. Loss or alteration of any part of this report invalidates the entire report.
10. CCB# 154349 ISA Certified Arborist PN-0650 ASCA RCA No.372
Peter Torres, M.F.
Multnomah Tree Experts. Ltd. Page 5 of 4
:. .iW Edgewood St. e Table 1/22/2007
. '
Non- Mitigation -
No. Common Name Parcel DBH exempt Condition Action Comment RPZ,ft. inches -
1 common cherr 3 14 0 terminal decline remove hazard 0 0 '
2 apple 2 16 0 terminal decline remove hazard 0 0
3 Dou las-fir 3 22 1 viable remove for house construction 0 22
4 myrtle 3 31 1 viable preserve 18 0
5 Pissard plum 2 7 0 viable preserve [6] 0
6 common cherr 2 8 0 viable preserve [6] 0
7 rand fir 1 40 1 viable remove for house construction 0 40
8 Dou las-fir 1 24 1 viable remove for house construction 0 24
9 rand fir 1 26 1 viable preserve 16 0
10 Scots pine 1 22 1 viable preserve 14 0
11 Scots pine 1 18 1 viable preserve 12 0
12 Port Orford-cedar 1 20 0 diseased remove hazard 0 0
13 Port Orford-cedar 1 32 0 diseased remove hazard 0 0
14 Port Orford-cedar 1 15 0 diseased remove hazard 0 0
15 Port Orford-cedar 1 21 0 diseased remove hazard 0 0
Trees lar er than 12 inches 7 Miti ation Inches 86
Summary RPZ numbers in brackets are recommended RPZs
Retention Rate 57%
Mitigation Pa ment $5,375.00
Field work by Peter Torres, ISA PN-650 Multnomah Tree Experts, Ltd.
City of Tigard, Orego�Z • 1312s SW Hall Blvd. • Tigard, OR 97223
�1
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�
September 5, 2008 , p
Wally Miller
305 SW 144`''Avenue
Beaverton, OR 97006
RE: Tree Mitigation Cash Assurance for Teny Partition (MLP2005-00001)
Dear Mr. Miller:
Per Condirion 3 of the Teny Partition you were required to submit a tree mitigation
planting plan and cash assurance deposit for$5,375.00 (43" caliper inches removed x
$125/caliper inch). The cash assurance was to be held for two yeaxs following final plat
approval, and any trees planted in accordance with an approved mitigation planting plan
and Section 18.790.060.D of the Tigard Development Code was to be credited back to you
from the assurance at the rate of$125/caliper inch planted. The remaining amount of
caliper incbes not planted was to be paid to the City as a fee in lieu of planting.
While we received the required cash assurance deposit on 1/23/2006,we have no recoxd
that a planting plan was submitted and mitigation trees were planted. Because it has been
more than two years following final plat approval (final plat approved on 8/4/2006) the
City intends on transferring your deposit of$5,375.00 from the cash assurance fund to the
tree replacement fund so it is available to the City foY planting trees on public property.
Do not hesitate to contact me on oY before 9/19/2008 at (5Q3) 718-2700 if you have any
questions or concerns regarding this coxrespondence.
Sincerely,
,._..._._..�
��
�.: �'!G��"`-
Todd Prager
City Arborist
c: MI.P2005-00001 Land use file
Page 1 of 1
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov • TTY Relay: 503.684.2772
. " Community Development
� Request for Permit Action
• � .
TO: CITY OF TIGARD
Building Division Services Coordinator
13125 S\�'Hall Bbd.,Tigard,OR 97223
Phone: �03.718?-430 Fav: 503.598.1960 w��-.ugard-or.go�-
FROM: ❑ Owner ❑ rlpplicant ❑ Contractor � City Staff
(check onc)
REFUND OR Name: Wally �liller
INVOICE TO' (KU"ncss r>r Ind��-idua])
Mailing Address: 305 SW 144th r,venue
City/State/Zip: Beaverton, OR 97006
Phone No.:
PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED (✓):
❑ CANCEL PERMIT 1�PPLICIITION.
� REFUND PERl�7IT FEES (attach receipt,if a��ailable). �`/'ti/�-r�%J%�i�'/i2�f/��7"t-S��}"�-
❑ INVOICE FOR FEES DUE (attach case fee schedule and explain below). �,�.
❑ REMOVE CONTRr1CTOR FROM PERMIT (do not cancel permit). i��d�
Permit #: MLP2005-00001
Site r�ddress or Parcel #: 9200 Edgewood Street
Project Name: Teny Partition
Subdivision Name: Tenp Partition Lot #:
EXPLANATION: Transfer�5,375.00 from cash assurance fund to tree replacement fund
Notified property owner of transfer (see attached letter)
Signature: '�����-r,�gti— Date: 9/26/2008
b
Todd Prager
Print Name:
Kefund Policy
1. `I'he Dimetor or Builciing Official ma}•authonze the refund oF.
a) any fee�vhich was enoneoush•paid or collected.
b) not more than£SO°�of the land use applicadon fee when an appGcadon is withdrawn or canceled 6efore any reciew effort has been expended.
c) not more than 80°o of the land use application fee for issued permits.
d) not moce than RO°o of the building plan re�•iew fee when an application is canccled before any plan re�-iew effort has been e�pended.
cj not m��rc th�.in Ril°��uf�hc buil�lin}�J�crmit fcc f��r issuc�l Pcrmits Pric�r h�;tnc inspection rcyucsts.
'_. K��fun�i.�c�ll I�c r�turnr�i tu ihc�,n,��n�.il I'a�cr m th��sanx mclhud in�chich�>ac�nrnl�c<i,rccci��cd. Pkasc�,illu�c I-_'�ccck�1��r��r��cc.sm�rc[unds.
� � �
Kte ro S�s-Admin: Date B� Rte to .Admin: Date /i' � � Bc � j �
�E4�F�'-5'� Pxoce�sed: Date "�; _�:� , ;/ I3y ' ln��oice Processed: Date li�
Pemzit Canceled: Date B- Parcel Ta .ldded: Date B-
Recei t# "� Date /� �2„? pG \fethod �"�;, . � �" .lmount$
L•\Building�Forms\RcyPcrmit�\ction. oc Rc��07/26/07
a�o�� -�;:/
City af Tigdrd, Oregon • 13125 SW Hall Blvd. • Tigard, OR 97223
�1
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September 5,2008 • � �
Wally Millex
305 SW 144`''Avenue
Beaverton, OR 97006
RE: Tree Mitigation Cash Assurance for Teny Partition(MLP2005-00001)
Dear Mr. Miller:
Per Condition 3 of the Teny Partition you were required to subxnit a tree mitigation
planting plan and cash assuxance deposit for�i5,375.00 (43"caliper inches xemoved x
$125/caliper inch). The cash assurance was to be held for two yeaxs following fmal plat
approval,and any trees planted in accordance with an approved mitigation planting plan
and Section 18.79Q.OGO.D of the Tigard Development Code was to be credited back to you
from the assurance at the rate of$125/caliper inch planted. The rem�i_ning amount of
caliper inches not planted was to be paid to the City as a fee in lieu of planting.
While we received the required cash assurance deposit on 1/23/2006,we have no recoxd
that a planting plan was submitted and mitigation txees wexe planted. Because it has been
more than two years following final plat approval (final plat approved on 8/4/2006) the
Ciry intends on transferring youx deposit of$5,375.00 from the cash assurance fund to the
tree replacement fund so it is available to the City fox planting trees on public property.
Do not hesitate to contact me on or before 9/19/2008 at(503) 718-2700 if you have any
questions or concerns regarding this coxrespondence.
Sincerely,
�...._�G2�
�-' �
Todd Prager v��
Ciry Arborist
c: MLP2005-00001 Land use file
Page 1 of 1
Phone: 503.639.4171 • Fax: 503.684.7297 • www.tigard-or.gov • TTY Relay: 503.684.2772
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Line Item TutaL• ($�,37�.00)
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1�lethocl P���er User ID :�cct./Check V'o. � ,�ppro��al Nu. Ho��� Recei��ed Amount Paid
Checl: Retund GEORGE TENI' 183 ln Pcrson (5,375.00)
Refund `I'otaL• (��,37�.00)
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�2ezei,�t #: 2720060000000�U0003 l I �:����!�-o��'��_
U��te: O1/23IZ00G
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t'ase\o Il�an Code l)esrriptiun Ite�enue.-�ccuunt !\o ;\moimt P.iid
�1LP?OUi-OUOUI �TRLI�CAJ Trcu fZE�lc Casli ,-\�;ur ??i-OUOU-»q01 I �.;7�.01)
I.ine Item"I'otal: $�,37�.00
P�i�ntcnts:
�ietl�ud Nacer liser II) :\ccL/Check iVo. ;�ppru�al i\u. Iluw Recei�ed amuunt Paid
Ch�cl: GLORGG TENI� S.IR 153 In Pcrsun �.37�.OU
Pa�mcnt"fotaL• $5,375.1)(i
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