MLP2002-00012 �
�
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2002-00012 CITYOFTIGARD
SCHLESINGER PARTITION Commuraty�Dever�,�t
S(raptngA BetterCommumty
120 DAYS (WITH EXTENSION) =8/3/03
SECTION I APPLICATION SUMMARY
FILE NAME SCHLESINGER PARTITION
CASE NO Minor Land Partition (MLP) MLP2002-00012
PROPOSAL The applicant is requesting a Minor Land Partition to partition one (1) existing
22,399 square foot lot mto two (2) parcels for detached single-famdy residences
An existing single-famdy dwelling is located on the sub�ect parcel and is proposed
to remain on Parcel #1 in compliance with all setback requirements
APPLICANT Miles Schlesinger OWNER Stacy Schlesinger
11455 SW Shrope Court 10120 SW Tigard Street
Tigard, OR 97223 Tigard, OR 97223
ZONING
DESIGNATION R-4 5, The R-4 5 zoning distnct is designed to accommodate detached
single-family homes with or without accessory residential units at a mmimum lot
size of 7,500 square feet Duplexes and attached smgle-famdy units are permitted
conditionally Some civic and institutional uses are also permitted conditionally
LOCATION 10120 SW Tigard Street, WCTM 1S135CC, Tax Lot 3400
PROPOSED PARCEL 1 7,500 Square Feet
PROPOSED PARCEL 2 11,269 Square Feet
FLAG LOT ACCESS AREA 2,140 Square Feet
APPLICABLE
REVIEW
CRITERIA Community Development Code Chapters 18 390 (Decision-Making Procedures),
18 420 (Land Partitions), 18 510 (Residential Zonmg Districts), 18 705 (Access
Egress and Circulation), 18 715 (Density Computations), 18 745 (Landscaping and
Screening), 18 765 (Off-Street parking and Loadmg Requirements), 18 790 (Tree
Removal), 18 795 (Visual Clearance Areas), and 18 810 (Street and Utdity
Improvement Standards)
SECTION II DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request sub�ect to certam conditions The findings and conclusions on which the
decision is based are noted in Sect�on V
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 1 OF 23
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CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT
u mit to t e ngineering epartment rian ager, , ext or review an
approval
1 Prior to final plat approval, the applicant/owner shall ensure that the visual clearance area
mcluding areas of existing fencing along the Tigard street frontage is not obstructed The
applicant shall also submit a report from a traffic engineer showing tFiat sight distance standards
as enumerated by AASHTO are met, and if not, that any improvements required to meet the sight
distance standards have been completed
2 A Public Facility Improvement (PFI) permit is required for this proJ ect to cover the public sewer �
line, the new storm line in Katherine Street and any other work in the public nght-of-way Six (6)
sets of detaded public improvement plans shall be submitted for review to the Engmeenng
Department NOTE these plans are in add�tion to any drawings required by the Budding Division
and should only include sheets relevant to public improvements Public Facdity Improvement
(PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which
are avadable at City Hall and the City's web page (www ci tigard or us)
3 The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who wdl be designated as the "Permittee", and who will
provide the finanaal 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 Fadure to provide accurate
information to the Engineenng Department wdl delay processing of pro�ect documents
4 Prior to approval of the final plat, the ap licant shall obtam a Site Permit from the Buddmg
Departmenf to cover all grading for the lot s , all on-site private utdity installation (water, storm,
etc ) and all driveway construction NO � this permit is separate from a f�ublic Facdity
Improvement permit issued by the Engineenng Department for work in the public right-of-way
5 Prior to approval of the final plat, the applicant shall pay an addressmg fee in the amount of
$30 00 (STAFF CONTACT Shirley Treat, Engineermg)
6 The final plat shall show a ROW dedication on Tigard Street to provide 27 feet from the
centerline
7 The applicant shall execute a Restnctive Covenant whereby they a�ree to complete or partici pate
in the future improvements of SW Tigard Street ad�acent to the sub�ect property, when any of the
following events occur
A when the improvements are part of a larger pro�ect to be financed or paid for by the
formation of a Local Improvement Distnct,
B when the improvements are part of a larger pro�ect to be financed or paid for m whole or in
part by the City or other public agency,
C when the improvements are par� of a larger pro�ect to be constructed by a third party and
mvolves the sharing of design and/or construction expenses by the third party owner(s) of
property in addition to the sub�ect property, or
D when construction of the improvements is deemed to be appropriate by the City Engineer
in con�unction with construction of improvements by others adJacent to the sub�ect site
8 The final plat shall show a �oint ingress/egress easement to be shared befinreen the three
properties involved in the three partitions (MLP 2002-00012, 2002-00013 and 2002-00014) and
shall also address maintenance responsibdity of the shared access
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 2 OF 23
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9 The applicant shall either place the existing overhead utdity lines along SW Tigard Street
underground as a part of this pro�ect, 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 utdity lines and wdl be $27 50
per lineal foot If the fee option is chosen, the amount wdl be $3,025 00 and it shall be paid prior
to approval of the final plat
,
' 10 The applicant's final plat shall contain State Plane Coordinates on finro monuments with a tie to
the City's global positioning system (GPS) eodetic control network (GC 22) These monuments
shall be on the same line and shall be of t�e same precision as required for the subdivision plat
boundary Along with the coordinates, the plat shall contam the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north These coordinates
� can be establishedby
. GPS tie nefinrorked to the City's GPS survey
. By random traverse using conventional surveymg methods
11 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 Techniaans, at (503) 639-4171, ext 426)
C The final plat and data or narrative shall be drawn to the mirnmum standards set forth by
the Oregon Revised Statutes (ORS 92 05), Washington County, and by the City of Tigard
D The nght-of-way dedication for Tigard Street shall be made on the final plat
E NOTE Washington County wdl not begin their review of the final plat untd they receive
notice from the Engineering Department mdicating 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 si�nature (for partitions), or City Engineer and Community
Development Director signa ures (for subdivisions)
Submit to the Planning Department (Morgan Tracy, 639-4171, ext 2428)for review and approval
12 Prior to final plat approval, the applicant shatl submit a landscape plan which shows
A Landscape or solid fence screening along the portion of the proposed accessway that is
visible from WCTM 1 S135CC lot 3300 and 2900 This screen shall comply45 050ne5 f
the three options for screening as prescribed in TDC Section 18 7 ( )
Installation of said screen shall occur prior to final building permit approval on Parcel #2
B A street tree plan for the proposed access drive in accordance with the size and spacmg
standards under TDC Section 18 745 040 C
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS
Submit to the Engineering Department (Brian Rager, 639-4171, ext 2471) for review and
approval
13 Pnor to issuance of budding permits, the applicant shall provide the Engmeering Department with
a "photomylar' copy of the recorded final plat
14 Pnor to issuance of the budding permits, the public sewer line work for the three partitions shall be
completed and accepted by the City
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 3 OF 23
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15 Pnor to issuance of building permits, the applicant shall provide the City with as-budt drawings of
the public improvements as follows 1) 3 md mylar, 2) a diskette of the as-budts in "DWG" format,
if available, otherwise "DXF" wdl be acceptable, and 3) the as-budt drawings shall be tied to the
City's 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 $3 (91)
16 Prior to issuance of the budding permit for the new parcel, the applicant shall pay the standard
water quality and water quantity fees per lot(fee amounts will be the latest approved by CWS) �
17 The applicant shall provide signage at the entrance of the �omt driveway that lists the addresses
that are served by the driveway
Submit to the Planning Department(Morgan Tracy, 639-4171, ext 2428) for rev�ew and approval
18 The applicant shall Qrovide a tree protection plan for Parcel #2 and shared access drive, prepared
by a certified arborist The applicant/owner shall install the required tree protection measures
prior to budding permit issuance The applicant shall further note that the protection plan shall
indicate that a certified arbonst must be present during any excavation within the driplines of any
trees to remove
Subm�t to the Building Department (Development Service Technicians, 639-4171, ext 2439) for
review and approval
19 Prior to issuance of any budding permits, the applicant/owner shall provide documentation that
Tualatin Valley Fire and Rescue has reviewed and approved the fire flow documentation for the
existing fire hydrant
20 The applicant/owner shall submit a site plan with the budding permit application for Parcel #2 that
meets the height and setback requirements as prescnbed for flag lots, per TDC Sections
18 730 020(C) and 18 420 050(4)(e) The site plan shall also reflect the abandonment of one of
the existing dnveway access points serving Parcel #1 and consolidate the shared drive access
and the other remaining access for Parcel #1 so that only one dnveway comes off of SW Tigard
Street
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF FINAL BUILDING INSPECTION
Submit to the Planning Department(Morgan Tracy, 639-4171, ext 2428) for review and approval
21 Following completion of the shared access drive but prior to issuance of any final building
inspections, the applicant/owner shall provide evidence that the screening along the access
drive as required in the landscape plan has been installed, as well as the street trees along the
shared access drive
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN_(18�
MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UN ER
THE PROCESS AND APPEAL SECTION OF THIS DECISION
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTffION PAGE 4 OF 23
SECTION III BACKGROUND INFORMATION
Pro e Histo
The su �ect parcel is located within the City of Tigard The property is desi�nated Low Density
Residential on the Tigard Comprehensive Pran Map The sub�ect lot was divided from Lot 10 of
Greenburg Heights Addition subdivision Apart from a Home Occupation Permit that was issued in
1997, and a lot Ime ad�ustment that was performed in order to facditate the current application, no other
land use approvals were found to be on file
Site Information and Proposal Descriptions
The sub�ect property is approximately 22,339 square feet and is predominantly flat The site has
approximately 100 feet of fronta e on SW Tigard Street The owner is proposing a 2-parcel partition as
indicated on the proposed parti�ion plat Parcel #1 (7,500 square feet) includes a 2,140 square foot
access easement for the benefit of Parcels #1 and 2 Parcel #2 is a 11,269 square foot flag lot behmd
Parcel #1 Parcel #1 contains the existmg single-famdy dwellmg The ad�acent properties and
surroundmg area are characterized by single-famdy homes
SECTION IV PUBLIC COMMENTS
The City maded notice to property owners within 500 feet of the sub�ect site providing them an
opporturnty to comment A number of letters have been received ftom adJ acent property owners,
including Brooks Gaston, John Slagle, Margaret and Dewey Hamdton, and Gererdene Gibson The
concerns were primanly focused on storm drainage issues as a number of the nearby yards have poor
drainage currently The Hamilton's also inquired about the depth of the proposed sewer to ensure that it
would be adequate to serve the furthest lot These issues are discussed in greater detail under Chapter
18 810 (Street and Utdity Improvement Standards) later m this decision
SECTION V APPLICABLE REVIEW CRITERIA AND FINDINGS
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 budding process Therefore, this criterion is met
There are adequate public facilities avadable to serve the proposal,
Public facdities are discussed in detad later in this decision under Chapter 18 810 (Street & Utdity
Improvement Standards) Based on the analysis provided herein, StafF finds that adequate public
facilities are avadable to serve the proposal Therefore, this cnterion is met
All proposed improvements meet City and applicable agency standards, and
The public faalities and proposed improvements are discussed and conditioned later m this decision
under Chapter 18 810 (Street & Utdity Improvement Standards) Improvements will be reviewed as part
of the permit process and dunng construction, at which time the appropriate review authority wdl ensure
that City and applicable agency standards are met Based on the analysis in this decision, Staff finds
that this cnterion is met
All proposed lots conform to the specific requirements below
The minimum width of the building envelope area shall meet the lot requ�rement of the applicable
zoning district
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 5 OF 23
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The minimum lot width re uired for the R-4 5 zonin distnct is 50 feet for sin le-famdy detached units, �
and 90 feet for duplex lot p Both parcels are 75 feet� width Therefore, this s�andard has been met for �
single-family dwellings, no duplexes wdl be able to be constructed on any of these proposed lots
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 zonmg distnct is 7,500 square feet for detached single-
family units and 10,000 square feet for duplex units The proposed partition creates two (2) lots that are
7,500 and 11,269 square feet respectively The remaining 2,140 square feet is utilized for the flag lot
accessway Both parcels meet the requirements for single-famdy residential development This
criterion has been satisfied
Each lot created through the partition process shall front a public nght-of-way by at least 15 feet
or have a legally recorded m�nimum 15 foot wide access easement
The proposed partition plat dlustrates Parcel #1 as having 100 feet of frontage and Parcel #2 as having
20 feet of frontage on the proposed 20' wide access easement which connects to SW Tigard Streef
This cnterion is met
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, and rear, 15 feet The
existing house on Parcel #1 is proposed to remain This structure is situated 25 feet from the front
property line, 43 feet to the proposed rear property line, 10 feet from the south side property Ime, and 8
feet from the proposed north side property fine As such, the existing dwelling may remain as part of this
partition application
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 separat�on from existing structures
Proposed Parcel #2 is a flag lot There is opportunity on this 11,269 square foot lot to provide suitable
separation from other nearby existing structures However, at this time no home construction is
proposed Therefore, conformance with this standard wdl be ensured through the building permit review
process
A screen shall be provided along the property Ime of a lot of record where the paved drive in an
accessway is located within ten feet of an a6utting lot in accordance with Sections 18 745 040
Screenmg may also be required to ma�ntam privacy for abutting lots and to provide usable
outdoor recreat�on areas for proposed development
The applicants plan calls for a 20 foot wide access dnve to serve Parcel #2, in addition to serving two
other lots being proposed in separate partition applications These other lots will also be flag lots behind
the parent parcels that front on SW Kathenne Street Since the access dnve wdl be utdized for the other
two flag lot parcels behind the homes on Kathenne Street, a screen is not appropriate along the shared
propertjr lines of the sub�ect parcel and the parcels being created by MLP2002-00013 and MLP 2002-
00014 However, the homes located at 10060 SW Tigard Street (WCTM 1 S135CC lot 3300) and 10145
SW Kathenne Street (WCTM 1 S135CC lot 2900) are not a part of or associated with this application,
and should be buffered from the visual impacts of the shared dnveway Therefore, landscapmg or a
solid fence shall be established along the boundary of the shared drive where it can be seen from those
parcels
FINDING The application fails to propose adequate screening for the area along the flag lot
accessway to satisfy this requirement
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 6 OF 23
CONDITION Prior to issuance of building and or engineenng permits to construct the proposed
access drive, the applicant/owner shall submit a landscape plan which shows landscape
or solid fence screening along the portion of the proposed accessway that is visible from
WCTM 1S135CC lot 3300 and 2900 This screen shall comply with one of the three
options for screening as prescribed in TDC Section 18 745 050 �5) Installation of said
screen shall occur prior to final building permit approval on Parce #2
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 fire district (NFR) has reviewed the proposal and has provided comments as outlined later in this
decision under Agency Comments It is likely that a fire hydrant wdl be required at the time of building
permit application due to the general lack of other hydrants near the intersection of the access dnve and
SW Tigard Street Documentation of the fire flow level will be required to demonstrate that the minimum
1,000 gallon per minute flow is avadable
FINDING The length of the proposed accessway and distance to the future dwellin from the street
wdl have a detrimental effect on fire �ighting capabdities should the exis�ing hydrant not
have adequate fire fighting flow
CONDITION Prior to issuance of any budding permits, the applicanUowner shall provide documentation
that Tualatin Valley Fire and Rescue has reviewed and approved the fire flow
documentation for the existing fire hydrant
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
This proposed partition would require that the accessway be shared Parcel #1 and #2 will �ointly be
responsible for the accessway, with the exact stipulations for maintenance to be established by the
applicant in the reciprocal easement In addition, there are finro parcels on ad�oining properties that wdl
also be served by the common driveway
FINDING The access drive wdl serve Parcels #1 and #2, in addition to finro other future parcels
CONDITION The final plat shall show the proposed 20-foot-wide �omt access easement to be shared
between Parcels 1 and 2 as well as the finro future parcels on the ad�oining lots and shall
also address maintenance responsibdity
Any access way shall comply with the standards set forth in Chapter 18 705, Access, Egress and
Circulation
This standard is addressed under 18 705 (Access, Egress and Circulation) later in th�s decision
Where landfill and/or development �s allowed w�thin or ad�acent to the one-hundred year
floodplain, the city shall requ�re 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 pedestnan/bicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan
The partitioned lots are not within nor ad�acent to a one-hundred-year floodplain Therefore, this
standard does not apply
An application for a variance to the standards prescribed in this chapter shall be made in
accordance with Chapter 18 370, Var�ances and Ad�ustments The applicat�ons for the partition
and variance(s)/ad�ustment(s) w�ll be processed concurrently
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 7 OF 23
No vanances or ad�ustments have been submitted with this application Therefore, this standard does
not apply
Residential Zoning Districts (18 510�
Development standards in residential zoning districts are contained in Table 18 510 2 below
TABLE 18 510 2 -(Cont'd )
DEVELOPMENT STANDARDS Il�f RESIDENTIAL ZONES
STANDARD m�� '` � t�'s�� `�� �' �`��1 �' ° -� R-.4 5�� �° Parc�`e1�1 Pa�ce12
Mmimum Lot Size
-Detached urnt 7 500 sq ft 7 500 sq ft 11 269 sq ft
-Duplexes 10 000 sq ft
Average Mirnmum Lot Width
-Detached unit lots 50 ft 75 ft 75 ft
-Du lex lots 90 ft.
Maximum Lot Coverage —
Minimum Setbacks
-Front yard 20 ft 25 ft Can be met
-Side facing street on comer 8�through lots 15 ft N/A N/A
-Side yard 5 ft 10 ft/8 ft Can be met
-Rear yard 15 ft 43 ft Can be met
-Side or rear yard abutUng more restncUve zornng distnct — N/A N/A
Distance between property Ime and front of garage 20 ft 25 ft Can be met
-Side Yard Setbacks for Flag Lots DC 18 420 050 A 4 e * 10 ft N/A Can be met
Maximum Height 30 ft " 14 Can be met*'
Mirnmum Landscape Reqwrement — N/A N/A
'Not a part of this table but has been Induded for reference
•'The maximum height on a Flag Lot is 1'/:stones or 25 feet whichever is less or as otherwise prov�ded for in TDC 18 730 020(C)(2)
A minimum lot size of 7,500 square feet is required for each lot The proposed lot sizes of 7,500, and
11,269 square feet meet this standard Parcel #1 contains a single-family dwelling and is in
compliance with the required R-4 5 setbacks Parcels #2 is currently vacant Future development of
these parcels 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 It should be noted that the setbacks and height limifs for the flag
lot (Parcel #2) are different than the underlying zone, as required by Sections 18 730 020(C) and
18 420 050(4)(e)
FINDING Based on the analysis above, the Residential Zoning District Standards for Parcels #1 and
#2 wdl be met with the imposition of the following conditions
CONDITION The applicanUowner shall submit a site plan with the building permit applicat�on for Parcel
#2 that meets the hei ht and setback requirements as prescribed for flag lots, per TDC
Sections 18 730 020(G� and 18 420 050(4)(e)
Access, Egress and Circulation (18 705�
Continuing obligation of property owner (Sect�on 18 705 030 A) The provisions and
maintenance of access and egress stipulated in this title are continuing requirements for the use
of any structure or parcel of real property in the City
There are reciprocal access agreements necessary for adequate access to proposed Parcels #1 and #2
Owners of each parcel wdl be under the obligation to provide and maintain access to their own property
Specific maintenance provisions wdi be specified in the access easement agreement to be recorded with
the partition plat This provision has been met
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTffION PAGE 8 OF 23
Access Plan requirements (Section 18 705 030 B) No building or other permit shall be issued
until scaled plans are presented and approvecf as provided by this chapter that show how
access, egress and circulat�on requirements are to be fulfilled The applicant shall submit a site
plan The D�rector shail provide the applicant with detailed information about this submission
requirement
The applicant has provided a site plan showing a 20-foot-wide accessway for access, egress and
circulation for Parcel #1 and #2 To reduce the number of driveways entering SW Tigard Street, the
applicant wdl be required to consolidate the existing circular dnveway serving Parcel#1 and close off one
of the two driveway aprons
Joint Access (Section 18 705 030 C) Owners of two or more uses, structures, or parcels of land
may agree to utilize �ointly 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 �oint use, and copies of the deeds, easements,
leases or contracts are placed on permanent�le with the City
Joint access to Parcels #1 and #2 is proposed, therefore, an access easement will be required to be
recorded with Washington County and �iled with the City
Public street access (Section 18 705 030 D) All vehicular access and egress as required in
Sections 18 705 030H and 18 705 0301 shall connect directly with a public or privafe street
approved by the City for public use and shall be maintained at the required standards on a
continuous basis
All proposed parcels will have access to the shared driveway which will connect directly with SW Tigard
Street, a public street The 20-foot-wide accessway satisfies the 20-foot access width with a mirnmum of
20 feet of pavement required for up to 6 dwelling units per the dimensional standards in TDC Table
187051
Access Manaqement (Sect�on 18 705 030 H�
Section 18 70 030 states that an access report shall be submitted with all new development
proposals which verifies design of dr�veways and streets are safe by meeting adequate stacking
needs, sig ht distance and deceleration standards as set by ODOT, Washington County, the C�ty
and AASHTO
The location of the new private dnveway to serve this development and two other proposed partitions
ad�acent to this site, should have adequate sight distance, based upon its location along Tigard Street
However, the applicant has not yet submitted a report showing the sight distance is met Staff
recommends the applicant submit a prelimina sight distance certification from their engineer pnor to
approval of the final plat Any improvements�hat may be needed in order to ensure adequate sight
distance shall be completed prior to approval of the final plat as well
Section 18 705 030 H 2 states that drrvewa�s shall not be permitted to be placed �n the mfluence
area of collector or arterial street intersections Influence area of intersections is that area where
queues of traffic commonly form on approach to an intersect�on The mm�mum driveway
setback from a collector or arterial street intersect�on shall be150 feet, measured from the nghf-
of-way line of the intersectin9 street to the throat of the proposed drivewa� The setback may be
�reater depending upon the �nfluence area, as determined from City Engineer review of a traffic
impact report submitted by the applicant's traffic engineer In a case where a pro�ect has less
than 150 feet of street frontage, the applicant must explore any option for shared access with the
ad�acent parcel If shared access is not possible or practical, the dnveway shall be placed as far
from the intersection as possible
The private driveway location will not be in the influence area of a collector or arterial street intersection
NOTICE OF DECISION MLP2002-0001?ISCHLESINGER PARTITION PAGE 9 OF 23
Section 18 705 030 H 3 and 4 states that the minimurr� spacing of driveways and streets along a
coliector shall be 200 feet The minimum spacmg of drrveways and streets along an arterial shall
be 600 feet The minimum spacing of local streets along a local street shail be 125 feet
SW Ti�ard Street is classified as a neighborhood route, which most closely relates to a local street The
new pnvate dnveway wdl be over 400 feet away from the Kathenne Street intersection, and over 1,000
feet away from the Tiedeman Street intersection Therefore, this critenon is met
Minimum access requ�rements for res�dential use (Section 18 705 030 I) Private residential
access drives shall be provided and maintained in accordance with the provisions of the Uniform
Fire Code
This standard wdl be addressed under the "Agency Comments° section on page 21 of this decision
Access drives in excess of 150 feet �n length shall be provided with approved provisions for the
turning around of fire apparatus by one of the following a) A circular, aved surface having a
m�nimum turn radius measured from center point to outside edge of 35 �eet, b) 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, c) The maximum cross slope of a required turnaround is 5%
The site plan shows that the accessway is approximately 120 feet in length Since the drive will not
exceed the 150 foot length limitation, no turnaround wdl be required
FINDING Based on the anal sis above, Staff finds the Access, Egress and Circulation Standards
have not been me� Demonstration of compliance will be assured through the budding
permit review
CONDITIONS
. Pnor to final plat approval, the applicant/owner shall submit a reciprocal access
easement and mamtenance agreement for the�oint access serving Parcels #1 and
#2 for review The easement shall be recorded with the plat
. Pnor to issuance of budding permits for Parcel #2 or any other parcel being served
by the shared dnveway, the applicanUowner shall abandon one of the existing
driveway access points serving Parcel #1 and consolidate the shared drive access
and the other remaining access for Parcel #1
Density Comeutat�ons (18 715�
A Definit�on of net development area Net development area, in acres, shall be determtned by
subtracting the follow�ng land area(s) from the gross acres, which is all of the land mcluded
in the legat descr�ption of the property to be developed
1 All sensitrve 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 �y the applicabie base zon�ng district, if an existing
dwelling �s 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 applicabie zoning distnct
C Calculating minimum number of residential units As required by Section 18 510 040, the
minimum number of resident�al un�ts per net acre shall be calculated by mult�plying the
maximum number of units determined in Subsection B above by 80% (0 8)
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 10 OF 23
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 sub�ect property
is 20,909 square feet There are no sensitive land areas, public dedications, or private streets within
the sub!ect proposal However, to determine the net developable area, the square footage of Parcel
#1 (7,500 square feet) is subtracted from the calculation because it has a pre-existing singie-family
dwelling Additionally, the area of the accesswa (2,140 square feet) is subtracted as it is excluded
from the lot area per TDC Section 18 120 089( � This results in a net developable area of 11,269
square feet As the minimum lot size for the R� 5 zone is 7,500 square feet (10,000 square feet for
duplexes), the maximum number of additional residential units (single-family or duplex) is one The
proposed partition creates 2 separate lots in conformance with the density requirements
FINDING Based on the analysis above, the Density Computation Standards have been met
Landscaping and Screening (18 745�
Street trees Section 18 745 040
Section 18 745 040 A All development pro�ects fronting on a public street, private street or a
prrvate 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 pro�ect has frontage on SW Tigard Street The access dnve serving the proposed lot will
be approximately 200 feet in length Therefore, street trees are required along the access drive and
shall be planted in accordance with the standards for size and spacing m this title, under Section
18 745 040 C Since SW Tigard is unimproved and wdl undergo a street improvement in the
foreseeable future, and since the street improvement has not yet been designed, planting of street trees
will be deferred untd the street improvements occur The remaining landscape standards are deferred
untd the time of development, except for screening of the pnvate drive which is addressed in this
decision under Section 18 420 050
FINDING The requirement for planting street trees along the access drive is not met In order to
meet this requirement the applicant shall satisfy the followmg condition
CONDITION The applicant shall provide a street tree plan for the proposed access drive in accordance
with the size and spaang standards under TDC Section 18 745 040 C
Tree Removal �8 790�
A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall
be provided for any lot„ parcel or combmat�on of lots or parcels for wh�ch a development
application for a subdivis�on, partit�on site development review, planned development or
conditional use is filed Protection is pre�erred over removal wherever possible
The applicant has not specified the trees that wdl require removal, but has included an arbonsYs
assessment of the trees This assessment notes that there are several trees that wdl requ�re removal to
accommodate the shared driveway, however, these trees are on separate properties from the sub�ect
site The mitigation for those trees wdl be addressed in the separate partition decisions
(MLP2002-00013 and MLP 2002-00014) As no trees are being removed for this partition request from
the sub�ect parcel, there is no required mitigation Should the other partitions not proceed, but the
driveway be constructed, the applicanUowner of this subJect decision wdl be respons�ble for the required
mit�gation (if applicable) to accommodate the dnveway construction The remaming trees on site wdl be
required to be protected through the construction phase per the City Forester's recommendations, noted
later in this decision
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
CONDITION Submit a tree protection plan with the budding permit application for Parcel #2 and shared
access dnve, prepared by a certified arborist The applicanUowner shall install the
required tree protection measures prior to buddmg permit issuance
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 11 OF 23
Visual Clearance Areas (18 795�
Th�s C apter requires t�at a clear vision area shall be maintained on the corners of all property
ad�acent 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, plant�ng, fence, wall structure, or
temporary or permanent obstruction exceeding three (3) feet in height The code provides that
obstructions that may be located in this area shall be v�sually clear between three 3) and eight
(8) feet in height Trees may be placed within this area provided that all branches be ow eight (8)
feet are removed A visuaf clearance area is the triangular area formed by measuring from the
corner, 30-feet along the r�ght of way and along the driveway and connecting these finro po�nts
with a straight I�ne
The site plan shows a wood fence along SW Tigard Street that exceeds the hei ht allowed for
pro�ections into the visua� clearance area The portion of the fence that encroaches into�his area wdl be
required to be removed in order to comply with the visual clearance area
FINDING Based on the analysis above, Staff finds that the Vision Clearance Standards are not
presently met
CONDITION The app�icant/owner shall ensure that the visual clearance area is not obstructed prior to
final building inspection for Parcel #2,or completion of the shared driveway, whichever is
first
Impact Study (18 390�
Section 18 60 090 states, "The Director shall make a finding with respect to each of the
following criteria when approving, approving with condit�ons or denying an application "
Section 18 390 040 states that the apQlicant shall provide an impact study to quantify the
effect of development on public fac�lities 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, pubiic facilities systems, and
affected private property users
In situat�ons where the Communifiy Development Code requires the dedication of real property
interests, the applicant shall either s eci�cally concur with a requirement for �ublic right-of-way
dedication, or provide evidence tha�supports that the real property dedication is not roughly
proportional to the proJected impacts of the development Section 1$ 390 040 states that when a
condition of approval requ�res the transfer to the public of an interest in real property, the
approval authonty shall adopt findings which support the conclusion that the interest in real
property to be transferred �s roughly proportional to the impact the proposed development will
have on the publ�c
The applicant has submitted an impact study The applicant wdl not be required to physically improve
the street due to the limited extent of frontage on this street However, the applicant will be required to
submit a waiver of remonstrance for future participation in a Local Improvement District (LID) for street
improvements to mitigate for the addition of 20 vehicle trips from the site The applicant wdl be
extending storm drainage to account for the additional impervious area being added to the site Sewer is
already avadable and has sufficient capacity to serve the develo ment Other impacts to public facilities
are ofFset by the collection of Systems Development Charg es �SDC's) collected at the time of buddmg
permit issuance Therefore, this standard can be satisfied through meeting the conditions of approval in
this decision
The Washmgton County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of
developmenf Based on a transportation impact study repared by Mr David Larson for the A-Boy
Expansion/Dolan II/Resolution 95-61, TIF's are expected �o recapture 32 percent of the traffic impact of
new development on the Collector and Arterial Street system The applicant wdl be required to pay TIF's
of approximately $2,260 per new dwelling unit
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 12 OF 23
Based on the estimate that total TIF fees cover 32 percent of the impact on maJ or street improvements
cit�rwide, a fee that would cover 100 percent of this proJ ects traffic impact is $7,063 ($2,260 times one
unit 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 proJ ect on the transportation
system is $4,803 The applicant wdl not be required to dedicate any additionai nght of way Since there
are no required exactions, no proportionality determmation is necessary
PUBLIC FACILITY CONCERNS
Street And Utility Improvements Standards (Sect�on 18 810�
Chapter 18 810 provides construct�on 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 ad�acent shall be
improved in accordance with the TDC standards
Section 18 810 030 A 2 states that any new street or additional street width planned as a portion
of an existing street shall be dedicated and improved in accordance with the TDC
Minimum Rights-of-Way and Street Widths Section 18 810 030(E) requires a local residential
street to have a 42 to 50-foot right-of-way width and a 24 to 32-foot paved section Other
�mprovements required may �nclude on-street park�ng, sidewalks and bikeways, underground
utilities, street lighting, storm drainage, and street trees
This site lies ad�acent to SW Tigard Street, which is classified as a nelghborhood route on the City of
Tigard Transportation Plan Map At present, there is approximately 2Q feet of ROW from centerline,
accordin to the most recent tax assessor's map The applicant should dedicate additional ROW on the
final plat�o provide 27 feet from the centerline
SW Tigard Street is paved but not fully improved to City standards TMC 18 810 030(A)(1) states that
streets within a development and streets ad�acent shall be improved in accordance with City standards
However, 18 810 030(A)`5) states that the City may accept a future improvement guarantee in lieu of
street improvements if the improvement associated with the pro�ect does not, 6y itself, provide a
sigrnficant improvement to the street safety or capacity Although this development wdl incrementally
increase the amount of traffic on the roadway, the increase wdl not substantially degrade the level of
service on the street A street improvement ad�acent to this site, therefore, will not significantly improve
the safety or capacity of the street Moreover, the final design for SW Tigard Street has not been
developed, and therefore it would be premature to require a street improvement at this time In addition,
18 810 030(A)(5)(e) states that a guarantee in lieu of street improvements is acceptable if the proposal is
a land partition on property zoned residential and the partition does not create any new streets This
partition wdl not create a new street Based on these code provisions, Staff therefore recommends that
the applicant be requ�red to enter mto an agreement with the City whereby the owner agrees to
Participate in any future widernng pro�ect for the street carried out by tFie City, a third party, or through a
ocal improvement district This agreement must be executed prior to approval of the final plat
This partition is bemg proposed in conJunction with iwo others (MLP 2002-00013 and MLP 2002-00014
The net result of all three partitions is three additional budding lots The three new parcels wdl eac
share the common dnveway that will access SW Tigard Street The applicant wdl be required to show a
�omt ingress/egress easement on the final plat to clarify that the three properties have access rights The
applicant wdl also be required to execute a �oint maintenance agreement to clarify maintenance
responsibdities befinreen the three parcels
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTffION PAGE 13 OF 23
Cul-de-sacs 18 810 030 K states that a cul-de-sac shall be no more than 200 feet long, shall not
provide access to greater than 20 dwelling units, and shall only be used when environmental or
topo�raph�cal constra�nts, existin� development pattern, or strict adherence to other standards
in this code preclude street extension and through circulation
• All cul-de-sacs shall terminate with a turnaround Use of turnaround configurations other
than circular, shail be approved by the City Engineer, and
. The length of the cul-de-sac shall be measured along the centerline of the roadway from
the near side of the intersecting street to the farthest point of the cul-de-sac
. If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an ad�acent street
may be required to be provided and dedicated to the City
The applicanYs plan proposes a private access easement, which is not considered a cul-de-sac,
therefore this standard is not applicable
Street Alignment and Connections Section 18 810 030(G) re4uires all local streets wh�ch 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 �s not possible to redesign, or reconfigure the street pattern to provide
required extensions 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 connect�on
There are no existing public streets that stub into this site
Access to Arterials and Ma�or Collectors Section 18 810 030 P states that where a development
abuts or is traversed by an existing or proposed arterial or ma�or collector street, the
development des� n shall provide adeq uate protection for residential Qropert�es and shall
separate res�dentia� access and through tra�c, or if separat�on �s not feasible, the design shall
minimize the traffic conflicts The design shall include any of the following
. A parallel access street along the artenal or ma�or coilector,
. Lots of suitable depth abutting the arterial or ma�or collector to provide adequate buffering
with frontage along another street,
. Screen planting at the rear or side property line to be contained in a nonaccess
reservation along the arterial or ma�or collector, or
. Other treatment suitable to meet the ob�ectives of this subsect�on,
• If a lot has access to two streets with different classificat�ons, primary access should be
from the lower classification street
The proposed development is neither abutting nor traversed by existmg or proposed artenal or collector
streets Therefore, this standard is not applicable
Private Streets Section 18 810 030 S states that design standards for private streets shall be
established by the City Eng�neer The City shall requ�re legal assurances for the continued
maintenance of pnvate streets, such as a recorded ma�ntenance agreement Private streets
serving more than six dwelling units are permitted only within planned developments, mobile
home parks, and multi-family residential developments
While there is a shared access easement, it is not within a tract, and therefore is not a private street No
private streets are proposed with this development Therefore this standard is not applicable
Block Designs - Sect�on 18 810 040 A states that the length, width and shape of blocks shall be
desi�ned with due regard to prov�ding adequate buifding sites for the use contemplated,
consideration of needs for convenient access, circulat�on, control and safety of street traffic and
recognition of limitations and opportun�ties of topography
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 14 OF 23
Block Sizes Section 18 810 040 B 1 states that the perimeter of biocks formed by streets shall
not exceed 1,800 feet measured along the right-of-way Ime except
• Where street location is precluded by natural topography, wetlands or other bodies of
water or,pre-exist�n development or,
• For blocks ad�acen� to artenal streets, limited access highways, ma�or collectors or
railroads
. For non-residential blocks in which internal public circulation provides equivalent access
This proposal is not creating any additional streets and therefore this standard is not applicable
Section 18 810 040 B 2 also states that bicycle and pedestrian connections on public easements
or r�ght-0f-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, ex�sting development patterns, or strict adherence to other standards
in the code
The existing development pattem precludes the practical application of this standard, as there is no
logical connection to make via a pedestrian connection
Lots - S�ze and Shape Sect�on 18 810 060(A) prohibits lot depth from being more than 2 5 times
the average lot width, unless the parcel is fess than 1 5 times the m�nimum lot size of the
applicable zoning d�strict
Parcel 1 will be less than 1 5 times the 7,500 square foot minimum lot size Parcel 2 will be slightly
lar er However, Parcel 2 is 75 feet wide, and only 163 feet deep, which is less than 187 5 feet (2 5 X
75� Therefore, this standard is met
Lot Frontage Section 18 810 060(B) requires that lots have at least 25 feet of frontage on public
or pr�vate streets, other than an alley In the case of a land part�tion, 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
Each of the proposed lots has 15 feet of frontage directly on or via a 20-foot easement onto SW Tigard
Street Therefore, this standard is met
S�dewalks 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
By entering into the restrictive covenant for Tigard Street, this cntenon wdl be met
San�tary Sewers
Sewers Required Section 18 810 090 A requires that sanitary sewer be installed to serve each
new development and to connect developments to existmg mains in accordance with the
prov�sions set forth in Design and Construction Standards for Sarntary and Surface Water
Management (as adopted by Clean Water Services in 1996 and includ�ng any future revisions or
amendments) and the adopted policies of the comprehensive plan
Over-sizin� Section 18 810 090 C states that proposed sewer systems shali include
consideration of additional development within the area as proJected 6y the Comprehensive
Plan
There is an existmg 8-mch sewer line in Katherine Street that has adequate capacit�r for this
development The plan shows that a new mam line wdl be extended northerly from Kathenne Street
befinreen the three properties involved in the partitions to serve the new parcels This plan is acceptable
provided the three partition applicants work together and the utdity improvements are installed under one
permit
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 15 OF 23
i
Storm Drainage
General Prov�sions Sect�on 18 810 100 A states requires developers to make adequate
provisions for storm water and flood water runoff
Accommodation of Upstream Drainage Section 18 810 100 C states that a culvert or other
drainage facility shall be large enough to accommodate potent�al runoff from �ts entire upstream
drainage area, whether inside or oufside the development The C�t_y Engineer shall approve the
necessary size of the facility, based on the provisions of Desi n and Construction Standards for
Sanitary and Surface Water Management as adopted by �ean Water Services in 2000 and
�ncluding any future revisions or amendmen�s)
There are no upstream drainageways that directly impact this site
Effect on Downstream Drainage Section 18 810 100 D states that where it is ant�cipated by the
Citx Engineer that the addit�onal runoff resultmg from the development will overload an existin
drainage facility, the Director and Engineer shall withhold approval of the development unt�
provis�ons have been made for improvement of the potential condition or until provisions have
been made for stora e of additional runoff caused by the development in accordance with the
Design and Construc��on 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 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 facdities, unless the
development is located ad�acent to Fanno Creek For those developments ad�acent to Fanno Creek, the
storm water runoff wdl be permitted to discharge without detention
The applicant's original application showed a plan for directmg the drainage from the three properties out
to the ditch in Katfierine Street However, during the review period, it became apparent that the ditch
system m Katherine Street is not adequate to accommodate the flows from the three partition
developments The applicant's engineer performed a thorough downstream analysis and concurred with
StafPs concern The engineer is now proposing that a new public main Ime be installed in the street and
extended westeriy to a point where it can be safely discharged mto a very defined ditch at the end of the
Katherine Street improvements From there, the ditch travels over City park land to Fanno Creek Staff
concurs with this solution and is comfortable that it wdl adequately accommodate the drainage from
these developments All existing rain drains that may discharge into the ditch system m Kathenne
Street, where the new main wdl be installed, will be tied into the new line The existing ditch and culvert
system will be removed and backfilled Existing driveways wdl be restored once the culverts are
removed
One nelghbor (Brooks Gaston) submitted a letter, dated March 14, 2003 Mr Gaston lives in the home
at 1027�SW Meadow Street, which backs up to a relatively vacant property (Webb property, 1S1 35CC,
Tax Lot 600) between his home and the applicant's proposed Parcel 2 Mr Gaston's property is
approximately 230 feet to the west of Parcel 2 Mr Gaston mdicates that the overland sheet flows
behind his home have worsened over the years and causes his back yard to flood each winter Mr
Gaston was concerned about the original storm drama e plan shown by the applicant, as it may not be
deep enough to collect all of the water from Parcel � Mr Gaston is hoping that a storm drainage
solution could be developed that would alleviate his back yard flooding issue
The appl�cant (Mdes Schlesinger) met with a representative from the Webb parcel, Mr Gaston and
another neighbor south of Gaston along Meadow Street separately to discuss the potential of one
common storm line that would run westerly across the Webb parcel, then south along the east
boundaries of Gaston and the neighbor to the south to get to the ditch in Katherine Street At this point,
the ditch in the street is more defined That solution was not agreed to by all parties, so the applicant
could not carry it forward
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTffION PAGE 16 OF 23
However, the current plan wdi ensure that the overland sheet flows experienced by Mr Gaston will not
become worse If anything, they wdl improve because all of Parcel 2 wdl be able to be dramed toward
the new Ime This is due to the fact that a storm line wdl be installed, which wdl have a depth of
approximately three feet With the old plan, the applicant was attempting to tie into a ditch, which would
only have a few inches of depth The plan shows a common private storm line extending north from
Kafherine Street along the west boundary of Tax Lot 3000 (Swo es, MLP 2002-00013) wifh laterals to
reach all new parcels Staff is confident that this new plan wdPadequately address fhe storm water
runoff from this development
Bikeways and Pedestrian Pathways
Bikeway Extension Section 18 810 110 A states that developments ad�oin�ng 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
The City's pedestrian/bikeway plan does not identify any necessary improvements for this segment of
SW Tigard Street Therefore this standard is met
Cost of Construction Section 18 810 110 B states that development permits issued for planned
unit developments, conditional use permits, subdivis�ons, and other developments which will
principally benefit from such bikeways shall be conditioned to include the cost or construction
of bikeway �mprovements
Not applicable
Minimum Width Section 18 810 110 C states that the minimum width for bikeways within the
roadway is five feet per bicycle travel lane Minimum width for two-way bikeways separated from
the road �s eight feet
Not applicable
Util�ties
Section 18 810 120 states that all utility lines, but not limited to those required for electric,
commun�cation, lighting and cable television services and related facilit�es shall be placed
underground, except for surFace mounted transformers, surface mounted connect�on boxes and
meter cabinets which may be placed above ground, temporary utility serv�ce facilities dur�ng
construction, high capacity electric I�nes operating at 50,000 volts or above, and
• The developer shall make all necessary arrangements with the serving utdity to provide
the underground services,
• The City reserves the right to a�prove 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 surFacmg of the streets, and
. Stubs for service connections shall be long enough to avoid disturb�ng the street
improvements when service connections are made
Exception to Under-Grounding Requirement Section 18 810120 C 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 whicl� are not underg round wdl serve the development and the
approval authority determines that the cost and techrncal difficulty of under-grounding the
ut�lities outweighs the benefit of under-grounding in conJunction with the development The
determination shall be on a case-by-case basis The most commonr but not the only, such
situation is a short frontage development for which under-grounding would result in the
placement of addit�onal poles, rather than the removal of above-ground utilit�es facilities An
applicant for a development which is served by utilities which are not underground and which
are located across a public nght-of-way from the appl�cant's property shall pay a fee in-lieu of
under-grounding
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 17 OF 23
\
There are existing overhead utdity lines along the frontage of SW Tigard Street If the fee in-lieu is
proposed, it is equal to $27 50 per lineal foot of street frontage that contains the overhead lines The
frontage along this site is 110 lineal feet, therefore the fee woufd be $3 025 00
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
STA DARDS
Public Water S stem
T is site is serve rom the City's water system The plan shows that three new meters wdl be set at the
private dnveway entrance onto Tigard Street Three new water services wdl need to be run westerly to
reach the new parcels (Parcel #2 from this application as well as the new parcels created through MLP
2002-00013 and MLP 2002-00014) This work will require a plumbing permit from the City
Storm Water Qualitv
� e ity as 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 des�gned to remove 65 percent of the phosphorus conta�ned in 100 percent of the storm
water runoff generated from newly created imperv�ous surfaces In addition, a maintenance plan
shall be submitted ind�cating 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 pro�ects such as residential land
partitions It would be impracticaf to require an on-site water quality facdity to accommodate treatment of
the storm water from the new parcel Rather, the CWS standards provide that applicants should pay a
fee in-lieu of constructing a facility if deemed appropnate 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 reachmg the public storm and surface water system resulting
from development, construction, grad�ng, excavat�ng, cleanny, and any other activity which
accelerates erosion Per CWS regulat�ons, the appl�cant is required to submit an erosion control
pian for City rev�ew 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 wdl disturb five or more acres of land Since
this site is not over five acres, the developer will not be required to obtain an NPDES permit from the
City prior to construction
The site plan for the subsequent home will need to include a grading and erosion control plan that wdl be
reviewed and approved by the Budding Division
S�te Permit Re uired
e app icant is required to obtain a Site Permit from the Budding Division to cover all on-site pnvate
utility mstallations water, sewer, storm, etc ) and driveway construction This permit shall be obtained
prior to approval o the final plat
Address Assi�nments
The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard
and within the Urban Serv�ce Boundary (USB)
An addressmg fee in the amount of$30 00 per address shall be assessed This fee shall be paid to the
City prior to approval of the final plat For this pro�ect, the addressing fee wdl be $30 00
The developer wdl also be required to provide signage at the entrance of shared dnveway that lists the
addresses that are served by the dnveway Tfiis wdl assist emergency services personnel to more
easdy find a particular home
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 18 OF 23
Surve Re uirements
e app icant s fina p at shall contain State Plane Coordinates on finro monuments with a tie to the City's
global positionin system (GPS) �eodetic control nefinrork These monuments shall be on the same line
and shall be o�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
This will be required as a condition of approval
SECTION VI OTHER STAFF COMMENTS
C�ty of Tigard Police Department has reviewed the proposal and requested that the address for the
Parcels #1 and 2 be posted at the front of the dnveway near the street in order to speed delivery of
emergency life/safety services
RESPONSE This will be required as a condition of approval
City of Tigard Forester has reviewed the proposal and offered the following comments
1 18 745 030, TREE PROTECTION DEVICES
E PROTECTION OF EXISTING VEGETATION Existing vegetation on a site shall be
protected as much as possible
1 The developer shall provide methods for the protection of existing vegetation to
remain during the construction process, and
2 The plants to be saved shall be noted on the landscape plans (eg , areas not to be
disturbed can be fenced, as in snow fencing which can be placed around the
mdividual trees)
1 1 All tree protection devices shall be located on the Tree Protection Pian Any tree that will
not be removed onsite that is within the limits of disturbance of this pro�ect must be
protected Any tree that is located on property ad�acent to the construction pro�ect that will
have more tTian 5 0 o its root s stem distur�e construction activities s a a so e
protecte
1 2 Details and specifications are required as to how the trees will be protected on site
1 3 Provide a construction sequence mcluding installation and removal of tree protection
devices, cleanng, grading, or installation of sediment and erosion control measures, and
other activities that may be required to implement the tree protection measures
1 4 Include m the notes on the final set of plans that equipment, vehicles, machinery, dumping
or storage, or other construction activities, bunal, burrnng, or other disposal of construction
materials must not be located inside of any tree protection device or outside of the limits of
disturbance where trees are bemg protected No grading, filling or any other construction
activity may occur within the tree protection devices at any time or outside of the limits of
distur6ance where trees are being protected unless approved by the City Forester
1 5 All tree protection devices shall be
• Visible
■ Constructed of 11 Gauge steel cham-link fencmg 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
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 19 OF 23
\
shall be dnven 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 si n
mdicating that the area behind the fencing is protected and no construction activi�r,
including material storage, may occur behind the fenang
■ Approved in the field pnor to cfeanng, gradmg, or the be�mrnng of construction
■ Remain in place and maintained untd all construction is completed and a final
mspection is conducted
1 6 To determine the size of the tree protection zone follow the guidelines listed below
■ For individual trees follow the trunk diameter method For eve one-inch of diameter
at breast height (DBH), or 4 '/Z feet above the ground, allow 1�mches of space from
the trunk of tfie tree For example, a tree that is 15" at DBH must have at least 12' of
tree protection zone around the entire canopy of the tree
■ For groups of trees the tree protection zone must be outside of the dripline of the trees
on the edge of the stand if there are cornfers with narrow crowns on the edge of the
stand follow the trunk diameter method or the dripline method, whichever is greater
1 7 Identify, on the Tree Protection Plan, the location of the stockpde area and the staging
area (if different from the stockpde area)
1 8 All of this mformation must be included in the final plan's notes or drawings
1 9 If it is necessary to enter the tree protection zone at any time with equipment (trucks,
bulldozers, etc ) the City Forester must be notified before any entry occurs Before
entenng the protection zone a layer of at least five (5) inches of wood chips or mulch must
be placed over the root zone where the vehicles wdl be dnven This method wdl minimize
the adverse impacts of compaction from the equipment When access to this area is no
longer needed the wood chips or mulch must then be dispersed (somewhere onsite is
okay) down to a level of not more than four(4) inches deep
1 10 Specific to this pro�ect
• All trees on the neighbonng properties must receive the same protection guidelines
as the trees on the applicant s site
• If the tree protection guidelines outlined in the conditions of approval are not
followed, moved after beiny approved in the field, knocked down durmg
construction or are removed pnor to the end of construction the pro�ect wdl be
o Immediately shut down untd the fencing is reinstalled accordmg to the
conditions of approval
o Each impacted tree shall be bonded for seven years in the amount of
$5,000 00 per tree
o Corrective action wdl taken by the applicant to address the damage done to
the Critical Root Zones of each tree Corrective action may mclude, but not
limited to, loosernng compacted sod, replacmg graded sod or removmg filled
sod
o A fine of $250 00 Per day shall be assessed to the applicant for each day
that the fencmg is down
• Tree #25 should be preserved at any cost and the sarntary Ime should be moved to
the eastern side of 10085 SW Katherine or the western side of 10135 SW
Kathenne
2 ILLEGAL TREE REMOVAL, 18 790 060 C 2
Payment of an additional civil penalty representing the estimated value of any unlawfully removed
or damaged tree, as determined using the most current International Society of Arbonculture's
Guide for Plant Appraisal
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 20 OF 23
1
3 TREE SPECIES SELECTION & PLANTING, 18 745 030
C INSTALLATION REQUIREMENTS The installation of all landscaping shall be as follows
1 All landscapin shall be installed according to accepted planting procedures
2 The plant ma�erial shall be of high grade, and shall meet tFie size and grading
standards of the American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and
any other future revisions), and
3 Landscapmg shall be installed m accordance with the provisions of this title
G CONDITIONS OF APPROVAL OF EXISTING VEGETATION The review procedures and
standards for required landscaping and screening sha I be specified in the conditions of
approval during development review and in no insfance shall be less than that required for
conventional development
3 1 It is recommended that all tree planting follow the guidelines set forth by the International
Society of Arboriculture's tree planting guidelmes as well as the standa�ds set forth in the
American Institute of Architects' Archi�ectural Graphic Standards, 10 edition In the
Architectural Graphic Standards there are guidelmes for selecting and planting trees based
on the sod volume and size at maturitv Additionally, there are directions for soil
amendments and modifications I recommend that these guidelines be followed and
adhered to at all times
3 2 In order to develop tree species diversity onsite it is recommended that the following
guidelines be followed
■ No more than 30% of any one famdy 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
3 3 I recommend that all of this information be mcluded in the final plan's notes or drawings
City of Tigard Operations Department has reviewed the proposal and has no ob�ections to it
C�ty of Tigard Public Works Department has reviewed the proposal and has no ob�ections to it
SECTION VII AGENCY COMMENTS
Clean Water Services comments have been discussed above under Public Facdity Concerns
Tualatin Valley Water Distnct has reviewed the proposal and has no ob�ections to it
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments
�) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS
Access roads shall be within 150 eet of all portions o the extenor wall o the first story of the
budding as measured by an approved route around the extenor of the budding An approved
turnaround is required if the remammg distance to an approved intersecting roadway, as
measured along the fire apparatus access road, is greater than 150 feet (UFC Sec 902 2 1)
2� DEAD END ROADS Dead end fire apparatus access roads in excess of 150 feet in length shall
be provi e with an approved turnaround Diagrams of approved turnarounds are avadable from
the fire district (UFC Sec 902 2 2 4)
s� FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER
hen ui ings are comp ete y protecte wit an approve automatic fire
sprinkler system, the requirements for fire apparatus access may be modified as approved by the
Chief (UFC Sec 902 2 1 Exception 1)
NOTICE OF DECISION MLP2002-000121SCHLESINGER PARTITION PAGE 21 OF 23
\
a� FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE Fire apparatus
access roads shall have an unobstructed width o not less than 20 eet 15 eet for one or two
dwellmg units and out buddings), and an unobstructed vertical clearance o not less than 13 feet 6
inches (UFC Sec 902 2 2 1) Where fire apparatus roadways are less than 28 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 less than 32 feet wide, "NO
PARKING" signs shall be installed on one side of the roadway and m turnarounds as needed
Where fire apparatus roadways are 32 feet wide or more, parking is not restricted (UFC Sec
902 2 4)
s� SURFACE AND LOAD CAPACITIES Fire apparatus access roads shall be of an all-weather
su ace t at is easi y distmguisha le rom the surrounding area and is capable of supporting not
less than 12,500 pounds point load (wheel load) and 50,000 pounds live load (gross vehicle
weight) You may need to provide documentation from a re�istered engineer that the design wdl
be capable of supportmg such loading Documentation from a registered engineer that the
finished construction is m accordance with the approved plans or the requirements of the Fire
Code may be requested (Design cnteria on back) (UFC Sec 902 2 2)
s� TURNING RADIUS The mside turrnng radius and outside turning radius shall be not less than
25 eet and 45 eet respectively, measured from the same center point (UFC Sec 902 2 2 3)
�� GRADE Pnvate fire apparatus access roadway grades shall not exceed an average grade of 10
percent with a maximum grade of 15 percent for lengths of no more than 200 feef Intersections
and turnarounds shall be level (maximum 5%) with the exception of crowning for water run-off
Public streets shall have a maximum grade of 15% (UFC Sec 902 2 2 6)
s� SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS Fire hydrants for single
ami y we ings, up exes an su - ivisions, shall be p ace at eac intersection Intermediate
fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an
intersection as measured in an approved manner around the outside of the structure and along
approved fire apparatus access roadways Placement of additional fire hydrants shall be as
approved by the Chief (UFC Sec 903 4 2 2)
s> FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD Fire hydrants shall be located not
more than 15 eet rom an approved fire apparatus access roadway (UFC Sec 903 4 2 4)
�o> REFLECTIVE HYDRANT MARKERS Fire hydrant locations shall be identified by the installation
o reflective markers The markers shall be blue They shall be located ad�acenf and to the side
of the centerline of the access road way that the fire hydrant is located on In case that there is
no center Ime, then assume a centerline, and pface the reflectors accordingly (UFC Sec
901 4 3)
��� SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW The minimum avadable fire flow for
single ami y dwellings and duplexes shall be 1,000 gallons per minute If the structure(s) is(are)
3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix
Table A-III-A-1 (UFC Appendix III-A, Sec 5)
�2� ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION Approved fire
apparatus access roa ways an ire ghtmg water supp ies sha I e insta e and operational
pnor to any other construction on the site or subdivision (UFC Sec 8704)
SECTION VIII PROCEDURE AND APPEAL INFORMATION
Notice Notice was mailed to
X The applicant and owners
�— Owner of record within the required distance
X Affected government agencies
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 22 OF 23
� Final Decision
THIS DECISION IS FINAL ON MAY 19, 2003 AND BECOMES
EFFECTIVE ON JUNE 4, 2003 UNLESS AN APPEAL IS FILED
T�A eal
ector's Decision is final on the date that it is maded All persons entitled to notice or who are
otherwise adversely affected or aggneved by the decision as provided in SecUon 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 wntten 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 maded The appeal fee schedule
and forms are avadable 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 tfie 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 time to time by the appellate body
THE DEADLINE FOR FILING AN APPEAL IS 5 00 PM ON JUNE 3, 2003
Questions
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503) 639-4171
� .
PREP RED organ racy
DA9�E
Associate Planner
• G�-� Ma � 19, 2003
APPROVED BY Ric ard B sdorff �ATE
Plannmg an ger
i\curpin�►norgan\workspaceUnlp\mIp2002-00012(schlesinger)\mIp2002-00012 decision doc
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 23 OF 23
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NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2002-00012
CITY OF TIGARD
SCHLESINGER PARTITION Commuraty�DeveCopment
Skaptng A Better Commumty
120 DAYS (WITH EXTEN510N) =8/3/03
SECTION I APPLICATION SUMMARY
FILE NAME SCHLESING�R PARTITION
CASE NO Minor Land Partition (MLP) MLP2002-00012
PROPOSAL The applicant is requesting a Minor Land Partition to partition one (1) existing
22,399 square foot lot into two (2) parcels for detached single-family residences
An existing single-family dwelling is located on the sub�ect parcel and is proposed
to remain on Parcel #1 in compliance with all setback requirements
APPLICANT Miles Schlesinger OWNER Stacy Schlesinger
11455 SW Shrope Court 10120 SW Tigard Street
Tigard, OR 97223 Tigard, OR 97223
ZONING
DESIGNATION R-4 5, The R-4 5 zoning district is designed to accommociate 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 10120 SW Tigard Street, WCTM 1 S135CC, Tax Lot 3400
PROPOSED PARCEL 1 7,500 Square Feet
PROPOSED PARCEL 2 11,269 Square Feet
FLAG LOT ACCESS AREA 2,140 Square Feet
APPLICABLE
REVIEW
CRITERIA Community Development Code Chapters 18 390 (Decision-Making Procedures),
18 420 (Land Partitions), 18 510 (Residential Zoning Districts), 18 705 (Access
Egress and Circulation), 18 715 (Density Computations), 18 745 (Landscaping and
Screening), 18 765 (Off-Street parking and Loading Requirements), 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 (25G) per page, or the current rate charged for copies at the
time of the request
SECTION III PROCEDURE AND APPEAL INFORMATION
Notice
oN ti e mailed to
X The applicant and owners
—� Owner of record within the required distance
—� Affected government agencies
�
Final Decision �
THIS DECISION IS FINAL ON MAY 19, 2003 AND BECOMES
EFFECTIVE ON JUNE 4, 2003 UNLESS AN APPEAL IS FILED
A�peal
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, sub�ect to any additional rules of procedure that
may be adopted from time to time by the appellate body
THE DEADLINE FOR FILING AN APPEAL IS 5 00 PM ON JUNE 3, 2003
Questions
For further information please contact the Planning Division Staff Planner, M�rgan Tracx at
(503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223
YICIMITY MAP
TIGAR MLP2002 00012
SCHLESINGER PARTITION
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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
HOTICE OF PENDING LAHD USEAPPLICATION
MINOR LAND PARTITION CITYOFTIGARD
Commuraty�Development
S6apingl7 BetterCommuraty
DATE OF NOTICE March 21, 2003
FILE NUMBER MINOR LAND PARTITION (MLP) 2002-00012
FILE NAME SCHLESINGER PARTITION
PROPOSAL The applicant is requesting Minor Land Partition approval to partition one (1) existing 20,943
square foot lot into two (2) parcels for detached single-famdy residences An existing singie-
family dweiling exists on the sub�ect parcel and is proposed to remain on Parcei #1 in
compliance with all setback requirements
ZONE R-4 5 Low-Density Residential District The R-4 5 zoning district is designed to
accommodate detached smgle-family homes with or without accessory residential units at
a minimum lot size of 7,500 square feet Duplexes and attached smgle-family units are
permitted conditionally Some civic and institutional uses are also permitted conditionally
APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390,
18 420, 18 510, 18 705 18 715, 18 745 18 765, 18 790 18 795 and 18 810
LOCATION 10120 SW Tigard Street, WCTM 1 S135CC, Tax Lot 3400
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS
Pnor 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 OO�PM`ON APRIL'�4:2003� Ali comments should be directed to Morqan Tracy, Associate Planner m the Planning
Division at the City of Tigard, 13125 SW Hall Boulevard Tigard, Oregon 97223 You may reach the City of Tigard
by telephone at (503) 639-4171
ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5 00 PM ON TNE DATE SPECIFIED
ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-NlAKING 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 APRIL 25;�2003� IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A
COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED
WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN
THE FOLLOWING INFORMATION
. Address the specific "Applicable Rev�ew Criteria" descnbed in the section above or any other critena
bel�eved 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 Heanngs Officer must address the relevant
approval criteria with suffiaent specificity on that issue
�
Failure of any party to address the relevant approval criter�a with sufficient specificity may preclude
subsequent appeals to the Land Use Board of Appeals or C�rcuit Court on that issue Specific findings
directed at the relevant approval criteria are what constitute relevant ev�dence
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 SUBMI7TED 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
COND�TIONS 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 appiication 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 entitied to notice under an intergovernmental agreement entered into with the
City which mcludes provision for such notice or anyone who is otherwise entitled to such notice
INFORMATION/EVIDENCE AVAILABLE FOR REVIEW
The application, written comments and suppo�ting 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 Commurnty 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 Planrnng Staff indicated on the first page of
this Notice under the section titled "Your Right to Provide Written Comments "
YICINIiY MAP
TIGARD MLP2002 00012
S(HLESINGER PARTITION
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MEMORANDUM
CITY OF TIGARD, OREGON
DATE May 8, 2003
TO Morgan Tracy, Associate Planner
FROM Brian Rager, Development Review Engineer�
RE MLP 2002-00012, Schlesinger Partition
Access Management (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 C�ty and
AASHTO
The location of the new private dnveway to serve this development and two other
proposed partitions ad�acent to this site, should have adequate sight distance,
based upon its location along Tigard Street However, the applicant has not yet
submitted a report showing the sight distance is met Staff recommends the
applicant submit a preliminary sight distance certification from their engineer prior
to approval of the final plat Any improvements that may be needed in order to
ensure adequate sight distance shall be completed prior to approval of the final
plat as well
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 �ntersections
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 drrveway 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
pro�ect has less than 150 feet of street frontage, the applicant must explore
any option for shared access with the ad�acent parcel If shared access is
not possible or practical, the driveway shall be placed as far from the
intersection as possible
The private driveway location will not be in the influence area of a collector or
arterial street intersection
ENGINEERING COMMENTS MLP 2002-00012 Schlesinger Partition PAGE 1
Section 18 705 030 H 3 and 4 states that the minimum spacing of drrveways
and streets along a collector shall be 200 feet The minimum spacing of
drrveways and streets along an arterial shall be 600 feet The minimum
spacing of local streets along a local street shall be 125 feet
SW Tigard Street is classified as a neighborhood route, which most closely
relates to a local street The new private driveway will be over 400 feet away
from the Katherine Street intersection, and over 1,000 feet away from the
Tiedeman Street intersection Therefore, this cnterion is met
Street And Utility Improvements Standards (Section 18 810)
Chapter 18 810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage The applicable standards are addressed below
Streets
Improvements
Section 18 810 030 A 1 states that streets within a development and streets
ad�acent 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 ex�sting 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-foot right-of-way width and a 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 ad�acent to SW Tigard 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 additional ROW on the final plat
to provide 27 feet from the centerline
SW Tigard Street is paved but not fully improved to City standards TMC
18 810 030(A)(1) states that streets within a development and streets ad�acent
shall be improved in accordance with City standards However, 18 810 030(A)(5)
states that the City may accept a future improvement guarantee in lieu of street
improvements if the improvement associated with the pro�ect does not, by itself,
provide a significant improvement to the street safety or capacity Although this
development will incrementally increase the amount of tra�c on the roadway, the
ENGINEERING COMMENTS MLP 2002-00012 Schlesinger Partition PAGE 2
increase will not substantially degrade the level of service on the street A street
improvement ad�acent to this site, therefore, will not significantly improve the
safety or capacity of the street In addition, 18 810 030(A)(5)(e) states that a
guarantee in lieu of street improvements is acceptable if the proposal is a land
partition on property zoned residential and the partition does not create any new
streets This partition will not create a new street Based on these code
provisions, Staff therefore recommends that the applicant be required to enter
into an agreement with the City whereby the owner agrees to participate in any
future widening proJect for the street carned out by the City, a third party, or
through a local improvement district This agreement must be executed pnor to
approval of the final plat
This partition is being proposed in con�unction with two others (MLP 2002-00013
and MLP 2002-00014) The net result of all three partitions is three additional
building lots The three new parcels will each share the common dnveway that
will access SW Tigard Street The applicant will be required to show a�oint
ingress/egress easement on the final plat to clarify that the three properties have
access rights The applicant will also be required to execute a�oint maintenance
agreement to clarify maintenance responsibilities between the three parcels
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, cons�deration 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 locat�on is precluded by natural topography, wetlands or
other bodies of water or, pre-existing development or,
• For blocks ad�acent to arterial streets, limited access highways, ma�or
collectors or railroads
• For non-residential blocks in which internal public circulat�on 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
ENGINEERING COMMENTS MLP 2002-00012 Schlesinger Partition PAGE 3
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
PLANNING
Lot Frontage Section 18 810 060(B) requires that lots have at least 25 feet of
frontage on public or prrvate 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
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 �ndustrial streets
shall have sidewalks on at least one side
By entering into the restrictive covenant for Tigard Street, this cntenon will be
met
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 C states that proposed sewer systems
shall include consideration of additional development within the area as
pro�ected by the Comprehensrve Plan
There is an existing 8-inch sewer line in Kathenne Street that has adequate
capacity for this development The plan shows that a new main line will be
extended northerly from Katherine Street between the three properties involved
in the partitions to serve the new parcels This plan is acceptable provided the
three partition applicants work together and the utility improvements are installed
under one permit
Storm Drainage
ENGINEERING COMMENTS MLP 2002-00012 Schlesinger Partition PAGE 4
General Provisions Section 18 810100 A states requires developers to
make adequate provisions for storm water and flood water runoff
Accommodation of Upstream Drainage Section 18 810 100 C states that a
culvert or other drainage facii�ty 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 drainageways that directly impact this site
Effect on Downstream Drainage Section 18 810 100 D states that where it
is ant�cipated 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 locai 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 ad�acent to Fanno
Creek For those developments ad�acent to Fanno Creek, the storm water runoff
will be permitted to discharge without detention
The applicant's original application showed a plan for directing the drainage from
the three properties out to the ditch in Kathenne Street However, during the
review period, it became apparent that the ditch system in Katherine Street is not
adequate to accommodate the flows from the three partition developments The
applicant's engineer performed a thorough downstream analysis and concurred
with Staff's concern The engineer is now proposing that a new public main line
be installed in the street and extended westerly to a point where it can be safely
discharged into a very defined ditch at the end of the Katherine Street
improvements From there, the ditch travels over City park land to Fanno Creek
Staff concurs with this solution and is comfortable that it will adequately
accommodate the drainage from these developments All existing rain drains
ENGINEERING COMMENTS MLP 2002-00012 Schlesinger Partition PAGE 5
that may discharge into the ditch system in Kathenne Street, where the new main
will be installed, will be tied into the new line The existing ditch and culvert
system will be removed and backfilled Existing driveways will be restored once
the culverts are removed
One neighbor (Brooks Gaston) submitted a letter, dated March 14, 2003 Mr
Gaston lives in the home at 10272 SW Meadow Street, which backs up to a
relatively vacant property (Webb property, 1 S1 35CC, #600) between his home
and the applicant's proposed Parcel 6 (as shown on the plan) Mr Gaston's
property is approximately 230 feet to the west of Parcel 6 Mr Gaston indicates
that the overland sheet flows behind his home have worsened over the years and
causes his back yard to flood each winter Mr Gaston was concerned about the
onginal storm drainage plan shown by the applicant, as it may not be deep
enough to collect all of the water from Parcel 6 Mr Gaston is hoping that a
storm drainage solution could be developed that would alleviate his back yard
flooding issue
The applicant (Miles Schlesinger) met with a representative from the Webb
parcel, Mr Gaston and another neighbor south of Gaston along Meadow Street
separately to discuss the potential of one common storm line that would run
westerly across the Webb parcel, then south along the east boundaries of
Gaston and the neighbor to the south to get to the ditch in Kathenne Street At
this point, the ditch in the street is more defined That solution was not agreed to
by all parties, so the applicant could not carry it fonivard
However, the current plan will ensure that the overland sheet flows experienced
by Mr Gaston will not become worse If anything, they will improve because all
of Parcel 6 will be able to be drained toward the new line This is due to the fact
that a storm line will be installed, which will have a depth of approximately three
feet With the old plan, the applicant was attempting to tie into a ditch, which
would only have a few inches of depth The plan shows a common pnvate storm
line extending north from Katherine Street along the west boundary of Tax Lot
3000 (Swopes, MLP 2002-00013) with laterals to reach all new parcels Staff is
confident that this new plan will adequately address the storm water runoff from
this development
Bikeways and Pedestrian Pathways
Bikeway Extension Section 18 810 110 A states that developments
ad�oining 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
Tigard Street is not classified as a bike facility
ENGINEERING COMMENTS MLP 2002-00012 Schlesinger Partition PAGE 6
Ut�lities
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 C 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 util�ties outweighs the benefit of under-grounding in
con�unction 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 Tigard Street
If the fee in-lieu is proposed, it is equal to $ 27 50 per lineal foot of street frontage
that contains the overhead lines The frontage along this site is 110 lineal feet,
therefore the fee would be $ 3 025 00
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND
UTILITY IMPROVEMENT STANDARDS
ENGINEERING COMMENTS MLP 2002-00012 Schlesinger Partition PAGE 7
Public Water System
This site is served from the City's water system The plan shows that three new
meters will be set at the private driveway entrance onto Tigard Street Three
new water services will need to be run westerly to reach the new parcels This
work will require a plumbing permit from the City
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
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 pro�ects such
as residential land partitions It would be impractical to require an on-site water
quality facility to accommodate treatment of the storm water from the new parcel
Rather, the 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
Site Permit Required
The applicant is required to obtain a Site Permit from the Building Division to
cover all on-site private utility installations (water, storm, etc ) and driveway
construction This permit shall be obtained prior to approval of the final plat
Address Assignments �
The City of Tigard is responsible for assigning addresses for parcels within the
City of Tigard and within the Urban Service Boundary (USB) An addressing fee
in the amount of$ 30 00 per address shall be assessed This fee shall be paid to
the City pnor to approval of the final plat
For this pro�ect, the addressing fee will be $30 00
The developer will also be required to provide signage at the entrance of shared
driveway that lists the addresses that are served by the driveway This will assist
emergency services personnel to more easily find a particular home
ENGINEERING COMMENTS MLP 2002-00012 Schlesinger Partition PAGE 8
Survey Requirements
The appiicant's final plat shall contain State Plane Coordmates [NAD 83 (91)] on
finro 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 gnd 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 applicanYs 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)
Recommendations
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
APPROVAL OF THE FINAL PLAT
Submit to the Engineering Department (Brian Rager, 639-4171, ext 318) for
review and approval
A Public Facility Improvement (PFI) permit is required for this pro�ect to
cover the public sewer line, the new storm Ime in Katherine Street 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 tigard 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 speafy the state within which
the entity is mcorporated and provide the name of the corporate contact
ENGINEERING COMMENTS MLP 2002-00012 Schlesinger Partition PAGE 9
person Failure to provide accurate information to the Engineering
Department will delay processing of pro�ect documents
Pnor to approval of the final plat, the applicant shall obtain a Site Permit from
the Building Department to cover all grading for the lot(s), all on-site private
utility installation (water, storm, etc ) and all driveway construction NOTE
this permit is separate from a Public Faality Improvement permit issued by
the Engineering Department for work in the public right-of-way
Prior to approval of the final plat, the applicant shall pay an addressing fee in
the amount of$30 00 (STAFF CONTACT Shirley Treat, Engineering)
The final plat shall show a ROW dedication on Tigard Street to provide 27
feet from the centerline
The applicant shall execute a Restrictive Covenant whereby they agree to
complete or participate in the future improvements of SW Tigard Street
ad�acent to the sub�ect property, when any of the following events occur
A when the improvements are part of a larger pro�ect to be financed or
paid for by the formation of a Local Improvement Distnct,
B when the improvements are part of a larger pro�ect 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 pro�ect 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
sub�ect property, or
D when construction of the improvements is deemed to be appropriate
by the City Engineer in con�unction with construction of improvements
by others ad�acent to the sub�ect site
The final plat shall show a �omt ingress/egress easement to be shared
between the three properties involved in the three partitions (MLP 2002-
00012, 2002-00013 and 2002-00014)
The applicant shall provide signage at the entrance of the�oint driveway
that lists the addresses that are served by the driveway
The applicant shall either place the existing overhead utility lines along SW
Tigard Street underground as a part of this pro�ect, or they shall pay the fee
in-lieu of undergrounding The fee shall be calculated by the frontage of the
site that is parallel to the utility lines and will be $ 27 50 per lineal foot If the
fee option is chosen, the amount will be $ 3,025 00 and it shall be paid prior
to approval of the final plat
The applicant's final plat shall contain State Plane Coordmates on finro
monuments with a tie to the City's global positioning system (GPS) geodetic
ENGINEERING COMMENTS MLP 2002-00012 Schlesinger Partition PAGE 10
control nefinrork (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
426)
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 Tigard Street shall be made on the
final plat
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 piat, 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
Submit to the Engineering Department (Brian Rager, 639-4171, ext 318) for
review and approval
Prior to issuance of building permits, the applicant shall provide the
Engineering Department with a "photomylar"copy of the recorded final plat
ENGINEERING COMMENTS MLP 2002-00012 Schlesinger Partition PAGE 11
Pnor to issuance of the building permits, the public sewer line work for the
three partitions shall be completed and accepted by the City
Pnor to issuance of building permits, the applicant shall provide the City with
as-built drawings of the public improvements as follows 1) 3 mil mylar, 2) a
diskette of the as-builts in "DWG" format, if available, otherwise "DXF"will be
acceptable, and 3) the as-built drawings shall be tied to the City's 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)
Prior to issuance of the building permit for the new parcel, the applicant shall
pay the standard water quality and water quantity fees per lot (fee amounts
will be the latest approved by CWS)
i\eng�brianr�land use commentsVnlp�mlp2002-00012 doc
ENGINEERING COMMENTS MLP 2002-00012 Schlesinger Partition PAGE 12
� �
REQUEST FOR COMMENTS CITY OF TIGARD
Commuraty�DeveCopment
S�aprng A Better Commumty
DATE March 20,2003
TO PER AITACHED
FROM City of Tigard Plannm9 Dsuision
STAFF CONTACT Morgan TracY,Associate Planner[x24281
Phone [5031639-4111/Fax. [5031684-1297
MINOR LAND PARTITION[MLPI 2002-00012
➢ SCNLESINGER PARTITIOH Q
REQUEST The applicant is requesting Minor Land Partition approval to partition one (1) existing
20,943 square foot lot into two (2) parcels for detached single-family residences An existing single-
family dwelling exists on the subJect parcel and is proposed to remain on Parcel #1 in compliance with
all setback requirements LOCATION 10120 SW Tigard Street, WCTM 1 S135CC, Tax Lot 3400
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 18 390, 18 420, 18 510, 18 705, 18 715, 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 avadable 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 COMMEIVTS BACK BY APRIL 4, 2003 You may use the space provided
below or attach a separate letter to return your comments If you are unable to respond by the above date, please
phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible If
you have any questions, contact the Tigard Planning Division, 13125 SW Hall Blvd , Tigard, OR 97223
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY
_ We have reviewed the proposal and have no ob�ections to it
Please contact of our office
Please refer to the enclosed letter
_ Written comments provided below
Name 8 Number of Person Commenting
CITY TIGARD REQUEST FOR COh NTS
NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS
FILE NOS M '�J OD DI FILE NAME �. u ar �
CITIZEN INVOLVEMENT TEAMS
14 DAY PENDING APPLICATION NOTICE TO CIT AREA Central ❑East ❑South ❑West HProposal Descrip in Library CIT Book
CITY OFflCES
=LONG RANGE PLANNING/Barbara Shields Planning Mgr ^fAMMUNITY DVLPMNT DEPTJPIanning Engineering Techs �LICE DEPT/Jim Wolf Cnme Prevention Officer
BUILDING DIVISIONlGary Lampella Bwlding Official ][ENGINEERING DEPTJBnan Rager Dvlpmnt Review Engineer ATER DEPTJDenrns Koellermeier Operations Mgr
CITY ADMINISTRATION/Cathy WheaUey City Recorder PUBLIC WORKS/John Roy Property Manager UBLIC WORKS/Matt SGne Urban Forester
�PLANNER-POST PROJECT SITE IF A PUBLIC HEARING ITEM 10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! _C D/Sherman Casper Permit Coord�s�wcuP re riF�
SPECIAL DISTRICTS
TUAL HILLS PARK&REC DIST*�UALATIN VALLEY FIRE 8 RESCUE• _ TUALATIN VALLEY WATER DISTRICT�► �LEANWATER SERVICES+�
Planrnng Manager Fire Marshall Administratrve Office Lee Walker/SWM Program
15707 SW Walker Road Washington County Fire District PO Box 745 155 N First Avenue
Beaverton OR 97006 (place in pick up box) Beaverton OR 97075 Hillsboro OR 97124
LOCAL AND STATE IURISDICflONS
CITY OF BEAVERTON � CITY OF TUALATIN � OR DEPT OF FISH 8 WILDLIFE OR DIV OF STATE LANDS
_ Planning Manager Planning Manager 2501 SW First Avenue Jennifer Goodndge
Insh Bunnell Developmerrt Services 18880 SW MaRmaai Avenue PO Box 59 775 Summer Street NE
PO Box 4755 Tualatin OR 97062 Portland OR 97207 Salem OR 97301 1279
Beaverton OR 97076
_ OR PUB UTILITIES COMM
METRO LAND USE&PLANNING� OR DEPT OF GEO 8 MINERAL IND 550 Capitol Street NE
CITY OF DURHAM � 600 NE Grand Avenue 800 NE Oregon Street Swte 5 Salem OR 97310 1380
City Manager Portland.OR 97232 2736 Portland OR 97232
PO Box 23483 Bob Knight DauResouiceCemer(ZCA) US ARMY CORPS OF ENG
Durham OR 97281 3483 Paulette Allen GiowthManapememCoortlinator OR DEPT OF LAND CONSERV 8 DVLP Kathryn Harns
_ Mel Hwe Green5pace5CooNinatur(CPA20A) LBRy Ff2fICF1(Comp PlanAmendmenLSOnly) Routing CENWP OP G
CITY OF KING CITY� _ Jennifer Budhabhatti Regional Planner(Wetlantls) 635 Capitol Street NE Swte 150 PO Box 2946
City Manager _ C D Manager Gmwth ManapemeM Services Salem OR 97301 2540 Portland OR 97208 2946
15300 SW 116th Avenue
King City OR 97224 WASHINGTON COUNTY�
_ OR DEPT OF ENERGY�POwemnes innrea> _OR DEPT OF AVIATION�n+onovoie Towers� Dept of Land Use&Transp
Bonnevdle Power Administration Tom Highland Planning 155 N First Avenue
CITY OF LAKE OSWEGO� 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 _Brent Curtis ccan�
Lake Oswego OR 97034 Gregg Leion ccaa�
_ OR DEPT OF ENVIRON QUALITY(DEQ) ODOT REGION 1 � Anne LaMountam ocauRe�
CITY OF P�RTLAND (Noufy for WetlaMS arM Potemial EnvironmeMal Impacts) _M8�8F1 D8(11BISOf1 Developmem Review Coordinator Phd Healy ncwuae>
David Knowles Plannup Bureau Dir Regional Admirnstrator Carl Toland Right of Way Section cva�uo�5� St2V8 COf1W2y(General Apps)
Portland Bwldmg 106 Rm 1002 2020 SW FouRh Avenue Swte 400 123 NW Flanders Sr Cartographer icPazca��.�..,
1120 SW Fifth Avenue Portland OR 97201 4987 Portland OR 97209 4037 Jim Nims czcn�Ms,s
Portland OR 97204 _Dona Mate�a czcn>MS,a
ODOT REGION 1 DISTRICT 2A�
WA CO CONSOLIDATED COMMUNIC AGENCY(WCCCA) 811 (MOnopole Towere) Jane Estes Permll Speaalist
Dave Austm 5440 SW Westgate Drive Swte 350
PO Box 6375 Portland OR 97221 2414
Beaverton OR 97007 0375
UTILIiY PROYIDERS AND SPECIAL A6ENCIES
PORTLAND WESTERN R/R BURLINGTON NORTHERN/SANTA FE R/R OREGON ELECTRIC R/R(eurlington NorthemlSanta Fe R/R Predecessor)
Robert I Melbo President&General Manager
110 W 10th Avenue
Albany OR 97321 �
SOUTHERN PACIFIC TRANS CO R/R METRO AREA COMMUNICATIONS V ATBT CABLE _TRI MET TRANSIT DVLPMT
Clifford C Cabe Construction Engineer Debra Palmer�n��ex��oo5 o��v� Pat McGann pf Pm�ecl is Wrthin/Mile of A Transit Route)
5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Bald�nnn Pro�ect Planner
Portland OR 97232 1815 NW 169th Place S 6020 Beaverton OR 97005 710 NE Holladay Street
eaverton OR 97006 4886 / Portland OR 97232
�PORTLAND GENERAL ELECTRIC �W NATURAL GAS COMPANY v VERIZON �QWEST COMMUNICATIONS
Ken Gutierrez Svc Design Consultant Scott Palmer Engineenng Coord Ken Perdue Engineenng Jen Cella Engmeering
9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hdl Rd Rm 110
Wdsonvdle OR 97070 Portland OR 97209-3991 Beaverton OR 97075 1100 Portland OR 97219
TIGARD/TUALATIN SCHOOL DIST #23J BEAVERTON SCHOOL DIST #48 _ AT&T CABLE��,,.EofHtlVNd%W)
Marsha Butler Administratrve Offices Jan Youngqwst Demographics 8 Planning Dept Diana Carpenter
6960 SW Sandburg Street 16550 SW Merlo Road 3500 SW Bond Street
Tigard OR 97223 8039 Beaverton OR 97006 5152 Portland OR 97232
� INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500 OF THE SUBJECT PROPERTY FOR ANY/ALL
CITT PROJECTS(Pro�ect Plaoner Is Responsible For Indicatmg Parties To Notify) h�patty�masters\Request For Comments Notification List 2 doc (Re�sed ir�ios�
REQUEST FOR COMMEHTS ��TMOFr,�ARo
Commumty�DeveCopment
S(taptng,��etterCommumty
DATE March 20,2003
TO Denms Koellermeier,Oaerations Mana9er/Water Departme��
��1VED PLA(VNING
FROM City of Tigard Planning Diuision
MAR 2 8 2003
STAFF CONTACT Mor9an Trac11,Associate Planner[x24281
� Phone [5031639-4171/Fax [5031684-7291 cirY oF T�GqRp
MINOR LAND PARTITION[MLPI 2002-00012
➢ SCHLESINGER PARTITION Q
REQUEST The applicant is requesting Minor Land Partition approval to partition one (1) existing
20,943 square foot lot into two (2) parcels for detached single-family residences An existing single-
family dwelling exists on the sub�ect parcel and is proposed to remain on Parcel #1 in compliance with
all setback requirements LOCATION 10120 SW Tigard Street, WCTM 1S135CC, Tax Lot 3400
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 18 390, 18 420, 18 510, 18 705, 18 715, 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
vanous departments and agencies and from other information avadable to our staff, a report and recommendation will
be prepared and a decision will be rendered on the proposal m the near future If you wish to comment on this
application, WE NEED YOURlCOMMENTS BACK BY APRIL 4, 2003' You may use the space provided
below or attach a separate letter to return your comments If you are unable to respond by the above date, please
phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible If
you have any questions, contact the Tigard Planning Division, 13125 SW Hall Blvd , Tigard, OR 97223
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY
_ We have reviewed the proposal and have no ob�ections to it
Please contact of our office
Please refer to the enclosed letter
_ Written comments provided below
I Name& Number of Person Commenting
�
i
10175 SW Katherine
Tigard, Oregon 97223
March 24, 2003 '' �°°
v 'y a�"`t �.,
�`'s�`4<,r� � , `q `
r 4
Planrnng Division, City of Tigard ` � � �
13125 SW Hall Boulevard
Tigard, Oregon 97223 '°���,G r,, ' �-� , ` _
_ `��,W ,�
Dear Morgan Tracy �y Y���
We are Dewey& Margaret Hamdton and we live at 10175 SW Katherine St Tigard,
Oregon This is a response to your letter notifying us of the development plans on lots
abutting or near our property Our property abuts the 10120 SW Tigard St property
[ SCHLESINGER PARTITION] on its Southwest comer and is separated from the 10135
SW Katherine St property [SWOPES PARTITION] by one lot to the East The property
at 10085 SW Katherine [[KRASAUSK PARTITION] is two lots to the East of our
property
We have lived on our property for the last 40 years and we have concerns about the
placement of homes on the rear of each of these properties, particularly the Tigard st
property
When we moved into this home m June of 1963 we had a septic tank sewer system
Over the next few years we had constant problems with this system during the wet months
of the winter Back flow of groundwater through the dram field overwhelmed the septic tank
Our problem became so acute that m 1970, durmg a sewer oonnection moratorium, we
had the Washington County Health Department condemn our system so we could be
connected to the newly mstailed sewer Ime on Karol Ct Raw sewage from our septic
system was surtac�ng in standing water at the rear of our lot We know the former owner of
the Tigard St property had similar problems untd she recently sold the property to the
present owner That house is now vacant
Surtace runoff during the winter�s a problem for most of the homes along Tigard and
Katherine streets and that is why we are concerned about the add�ron of three new houses
on these properties Many present homes must have sump pumps to keep water from
poolmg in their crawl spaces in the winter Mowing lawns m the wmter months is lim�ted
because the water table is so high that the weight of a lawnmower cause the wheels to smk
into the soil unbl the deck of the mower is touching the ground During periods of heavy rain
we have also experienoed sheet runoff two to three inches deep from East to West across
the rear half of our property We bel�eve this runoff will be a ser�ous problem for the
proposed new houses especially the one at the rear of the Tigard St property
We assume any development on these properties will not be allowed to add addit�onal fill
to those lots to allev�ate known winter surface water problems Any addition of fill to these
lots wdl most certainly force addi�onal wmter runoff on to surrounding properties such as
ours
An additional problem we can foresee is the length of sewer line needed to reach the rear
of the Tigard St property The only available sewer connection is through either of the
Katherine St properties We are not certam of the depth of the sewer Ime m front of the
Kathenne properties but we know it is not deeply buned Given the minimum rate of fall
required for a sewer line we question rf there is enough fall to adequately serve this
proposed dwelling If there is not enough fall will a sewage pumping setup be required� If
there is enough minimum fall to reach this dwelling wdl a long sewer line of mirnmum fall be
an inv�tation for future trouble�
We believe we have lived here long enough to know very well what kmd for water and soil
conditions exist on and near these properties We question the wisdom of plac�ng homes
on these properties espeaally the Tigard St properiy We also have concerns about any
alteration of these properties that will change existing groundwater flow pattems
We hope your office will consider our observations and opinions as valid and wdl apply
them in your decision making process granting development permission on these
properties If you need to reach us by phone about any further ir�formation you may
contact us at [503] 639-6332
R pectfully
...z.�r-�-t'� � � ,�
�
Dewey R Hamilton �
' ����-�a,�� y� _��
Margaret C Hamilton
i
���H
Mazch 31, 2003
wl� lb3
10270 S W Meadow St
Tigard
OR 97223
Mr Morgan Tracey
Associate Planner
Crty of Tigard
13125 S W Hall Blvd
Tigard, OR 97223
Dear Mr Tracey
I'm wntmg to you concerrung a proposed six-lot mmor land partition in the area of the
intersection of Tigard Street and Kathenne Street I'm very concerned about the dramage
repercussions that my neighbours and I may face if tlus land partition and the subsequent
development proceeds
I believe that if the land to our east is developed without senous consideration of run-of,
my yard and home as well as my neighbours' yards and homes, could be damaged and
devalued by water damage
We ask that you work with Mile Schlesinger—who plans the six-lot subdivision—to
make an investment in water-divertulg systems to dram water away If we can work
together, perhaps we can come up with a win-win situation
Please look into tlus situation as soon as possible, and work with us as we try to find a
soluhon that meets the needs of the city, the citizens and new development Feel free to
call me or my husband, Denms O'Doherty, at 503-624-7067
Thank you
ICmd regards, �
Ze-1����
Gererdene Gibbons
ier� y/z/o�
Brooks and Knstm Gaston
10272 SW Meadow Street
: - Tigard, OR 97223
March 31, 2003
Morgan Tracy
Associate Planner
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
Mr Tracy,
I'm wntmg to you concerrung a proposed six-lot rYUnor land partitions, 2002-00012,
2002-00013, 2002-00014, m the area of the intersection of Tigard Street and Kathenne
Street I'm ��ery conce+-ned about the dramaae repercuss�ons that my ne�ahbers and I may
face if ttus land partition and the subsequent development proceeds
Smce I moved mto my home, I've mvested approximately $5,000 dollars in dramage to
keep water out from under my home, and to help water flow from my backyard onto
Meadow Street If you were to look over my back fence--toward the east -- you would
be able to see that Kathenne Street's properties and the deep lots ad�acent to Tigard
Street are graded to dra�n onto my property and my neighbor's property My neighbors,
especially those on the north side of Meadow, have also invested heavily to repair damage
from water, and to mstall drainage systems
I believe that if the land to our east is developed without senous consideration of run-off,
my yard and home-- wluch is about 75% m the flood plane -- as well as my neighbors'
yards and homes, could be damaged and devalued by water damage
I've recently met with Mr Schlesinger, the developer of the partition He expressed
mteresting m meetmg our needs by addmg a swale on the western end of tus property and
drairung storm water south to Kathenne Street He and I both agree, however, that if tlus
solution is pursued, the ditch along Kathenne Street may have to be improved I also
request that the city of Tigard require storni water drainage system on�the access road that
will extend south from Tigard Street to the new development
Please work w�th us as we try to find a solution that meets the needs of the city, the
citizens, and new development Feel free to call me at 503-968-6011
'� ���� KIwS�M�--,��`�—
Brooks and Knstm Gaston
BETTY J. NELSON
10275 SW Meadow St Email b�nelson@hevanet com
Tigazd,OR 97223-5212
503-639-0573
REC�IVED PLANNING
April 3, 2003 APR 0 7 2003
Mr Morgan Tracy CITY OF TIGARD
Associate Planner, Plannmg Division
13125 SW Hall Blvd
Tigard, OR 97223
Dear Mr Tracy
I am submitting this written comment in regards to the request for a Mmor Land Partition
at the following locations 10120 S W Tigard St WCTM 1 S 135CC, Tax Lot 3400—
File Name Schlesinger Partition
10135 SW Kathenne St WCTM 1 S 135CC, Tax lot 3000—
File Name Swopes Partition
10085 SW Kathenne St WCTM 1S135CC, Tax lot 03100-
File Name Krasausk Partrtion
My concern has to do with storm/rain/water dramage My property is located at the end
of Meadow St on the cul-de-sac and it, along with the properties on either side, the
Gaston's at 10272 SW Meadow and the Slagle's at 10305 SW Meadow, are inundated
with water run-off each year and we each have invested considerable time and funds into
drainage systems to protect our property and prevent water standing under our homes
According to maps in your office this area is a flood plam and water flows through our
property on rts way to Fanno Creek The fields surroundmg the back of our properties
aze graded in our direction so that water from those fields dram directly onto our
properties, therefore, any further development that might add to our drainage problem is
of great concern to us the amount of water already runiung through here is phenomenal
as can be seen by the stream of water contmually flowing down Meadow St to the storm
drains wluch are located at the opposite end of the street
What assurances can you give us� What requirements can you place on the developers
to eliminate any further impact on our properties� We need assurances from the City that
the developers will be required to provide adequate dramage away from our properties so
as to not further impact us who live downstream
Thank you for your careful consideration of our concerns I look forward to heanng from
you as to proposed solutions to this problem
Sincer �
r I '�1�1�
Morgan Tracy
Associate Planner
13125 SW Hall Blvd
Tigard OR, 97223
Steve Valdez
10360 SW Meadow st
Tigard, OR 97223
Apnl 1, 2003
I am a resident of SW Meadow Street My house backs up to the park azea off of
Kathenne Street My concern of the minor land partition 2002-00012, 2002-00013, and
2002-00014 is that the increase of water flow m the ditch that runs parallel down
Katheruie Street, belund the houses of Meadow Street and empties into Fanno Creek
would increase sigruficantly if these lots were developed I would be afraid that the way
the ditch is now it would not sufficiently let the water flow easily into the creek without
getting backed up, because the ditch is not ma.mtamed
Please consider that if water is going to be diverted to the ditch along Katheruie Street it
may easily get backed up and flood the yards and or houses on the south side of Meadow
Street Thank you for taking the time to read my letter and taking it mto consideration
Steve Valdez
V��- ,, o.�-
Brooks Gaston
10272 SW Meadow Street
Tigard, OR 97223
�Vlarch 14, 2003
Bnan D Rager, P E D � � � � �] (�
Development Rev�ew E-�gineer R �� �`' �
City of T�gard J
13125 SW Hall Blvd MAR 2 � 2003
Tigard OR 97223 f�� � r OF TIGAR�
Mr Rager,
I'm wnting to you concerrung a proposed six-lot rrunor land partitton in the area of the
intersection of Tigard Street and Kathenne Street I'm very concerned about the drainage
repercussions that my ne�ghbors and I may face �f ttus land partrtion and the subsequent
development proceeds
Smce I moved mto my home, I've invested approximately $5,000 dollars in dramage to
keep water out from under my home, and to help water flow from my backyard onto
Meadow Street If you were to look over my back fence -- toward the east -- you would
be able to see that Kathenne Street's properties and the deep lots ad�acent to Tigard
Street are graded to drain onto my property and my neighbor's property My neighbors,
especially those on tlie north side of Meadow, have also ►nvested heavily to repair damage
from water, and to install drainage systems
I believe that �f the land to our east is developed without ser�ous consideration of run-off,
my yard and home-- wlvch is about 75% in the flood plane -- as well as my neighbors'
yards and homes, could be damaged and devalued by water damage
We ask that you work with NLles Schlesinger --who plans the six-lot subdivision -- to
make an mvestment in water-diverting systems to dram water away If we can work
together, perhaps we can come up vv�th a win-win situation
I've recently met w��h l�ir Schlesinger i�c expressed interesting in meeting our needs by
adding a swale to the western end of his property and draining storm water out to
Katherine Street He and I both agree, however, that if this solution is pursued the ditch
along Kathenne Street may have to be improved
Please look into ttvs s�tuation as soon as possible, and work with us as we try to find a
solution that meets the needs of the aty, the citizens, and new development Feel free to
call me at 503-968-6011
Thank you,
� �'�-
Brooks Gaston
��
. �,�3[/03
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MAILING
RECORDS
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.: MLP2002-00012
Land Use File Name: SCHLESINGER PARTITION
I, Morgan Tracy, Associate Planner for the City of Tigard, 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/or tax
lot(s) currently registered) ���ZD �_'��oav� Sf'
and did personally post notice of the proposed land use application(s) by means of weatherproof
posting in the general vicinity of the affected territor.y, a copy of said notice being hereto attached
and by reference made a part hereof, on the ZOt� day of 1�(�a,�� , 2003.
�.
Signature of Pe son Who Performed Posting
(In the presence of the Notary)
(THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE)
STATE OF OREGON )
County of Washington ) ss.
Subscribed and sworn/a#+r�ned before me on the � day of , 20�
-o OFFICIAL SEAL +
J BENGTSON �� � '
`' NOTARY PUBLIC-0REGON ��" '/� � �
� CAMMISSION NO.368086 NOT RY PUBt1C OF OREGON
MY COMMISSION E�XPIRES APR.27,2007
My Commission Expires: c.� I-�;� IQ�
h:Uogin\patty\masters\affidavit of posting for staff to post a sRe.doc
�
MINOR LAND PARTITION (MLP) 2002-00012
REQUEST: The applicant is requesting Minor Land Partition approval to
partition one (1 ) existing 20,943 square foot lot into two (2) parcels for
detached single-family residences An existing single-family dwellina
exists on the sub�ect parcel and is proposed to remain on Parcel #1 in
compliance with all setback requirements. LOCATION : 10120 SW Tigard
Street; WCTM 1 S135CC, Tax Lot 3400 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 18 390, 18 420, 18 510, 18 705,
18 715, 18 745, 18 765, 18 790, 18 795 and 18 810
Further information may be obtained from the Planning Division �staff contact:
Morqan Tracy) at 13125 SW Hall Blvd , Tigard, Oregon 97223, or by calling 503-
639-4171 A copy of the application and all documents and evidence submitted by or
on behalf of the applicant and the applicable cr�teria are available for inspection at no
cost and copies for all items can also be provided at a reasonable cost
A \ l
AFFIDAVIT OF MAILING CITYOFTIGARD
Commun:ty�DeveCopment
S�+apingA BetterCommunity
I, �atnaa G Guns{ord, bemg first duly sworn/affirm, on oath depose and say that I am a Sen�orAdm:nutratzve SpectaCrst for
the City of 7'tgard,4Nashrngton County, Oregon and that I served the following
{cr�edc nppropnaee eoxce)aetr.+y
� NOTICE OF DECISION FOR MLP2002 00012/SCHLESIN6ER PARTITION
� AMENDED NOTICE (File NoJName Reference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked E1lrhlblt"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 ENhlblt"B",and by reference made a part
hereof, on Ma1119,2003,and deposited in the United States Mad on M8Y 19,2003, postage prepaid
�
r
,
(Person t repared tice
,S7,A27E OF O�GON )
Coun�y of`iNasjtngton )ss
Ccty of�igard )
Subscribed and sworn/affir ed before me on the � ` day of , 2003
i
� ORFICIAL SEAL
�� J BENGTSON
NOTARY PUBLIC OREGON �
COMMISSION NO 368086 Nh�Commission E�rnires
MY COMMISSION E�XPIRES APR 27 2007
EXHIBIT�
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2002-00012 CITYOFTIGARD
SCHLESINGER PARTITION Communtty�Dever��nt
S(rnpmgA BetterCommuntty
120 DAYS (WITH EXTENSION) =8/3/03
SECTION I APPLICATION SUMMARY
FILE NAME SCHLESINGER PARTITION
CASE NO Minor Land Partition (MLP) MLP2002-00012
PROPOSAL The applicant is requesting a Minor Land Partition to partition one (1) existing
22,399 square foot lot into finro (2) parcels for detached single-famdy residences
An existing single-family dwelling is located on the sub�ect parcel and is proposed
to remain on Parcel #1 in compliance with all setback requirements
APPLICANT Miles Schlesinger OWNER Stacy Schlesinger
11455 SW Shrope Court 10120 SW Tigard Street
Tigard, OR 97223 Tigard, OR 97223
ZONING
DESIGNATION R-4 5, 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 10120 SW Tigard Street, WCTM 1 S135CC, Tax Lot 3400
PROPOSED PARCEL 1 7,500 Square Feet
PROPOSED PARCEL 2 11,269 Square Feet
FLAG LOT ACCESS AREA 2,140 Square Feet
APPLICABLE
REVIEW
CRITERIA Community Development Code Chapters 18 390 (Decision-Making Procedures),
18 420 (Land Partitions), 18 510 (Residential Zoning Districts), 18 705 (Access
Egress and Circulation), 18 715 (Density Computations), 18 745 (Landscaping and
Screening), 18 765 (Off-Street parking and Loading Requirements), 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 sub�ect to certain conditions The findings and conclusions on which the
decision is based are noted m Section V
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 1 OF 23
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT
u mit to t e ngineering epartmen rian ager, , ext or review an
approval
1 Prior to final plat approval, the applicant/owner shall ensure that the visual clearance area
including areas of existing fencing along the Tigard street frontage is not obstructed The
applicant shall also submit a report from a traffic engineer showing tfiat sight distance standards
as enumerated by AASHTO are met, and if not, that any improvements required to meet the sight
distance standards have been completed
2 A Public Facility Improvement (PFI) permit is required for this proJ ect to cover the public sewer
line, the new storm line in Katherine Street 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 avadable at City Hall and the City's web page (www ci tigard or us)
3 The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who will �e designated as the "Permittee", and who wili
provide the financial assurance for the public improvements For example, specify if the entity is
a corporation, limited partnership, LLC, etc Also speafy the state within which the entity is
incorporated and provide the name of the corporate contact person Fadure to provide accurate
information to the Engineering Department will delay processing of pro�ect documents
4 Prior to approval of the final plat, the ap licant shall obtain a Site Permit from the Building
Department to cover all grading for the lot s , all on-site private utdity installation water, storm,
etc ) and all driveway construction NO � this permit is separate from a �ublic Facility
Improvement permit issued by the Engineering Department for work in the public right-of-way
5 Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of
$30 00 (STAFF CONTACT Shirley Treat, Engineering)
6 The final plat shall show a ROW dedication on Tigard Street to provide 27 feet from the
centerline
7 The applicant shall execute a Restrictive Covenant whereby they a�ree to complete or partici pate
in the future improvements of SW Tigard Street ad�acent to the sub�ect property, when any of the
following events occur
A when the improvements are part of a larger pro�ect to be financed or paid for by the
formation of a Local Improvement District,
B when the improvements are part of a larger pro�ect 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 pro�ect 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 sub�ect property, or
D when construction of the improvements is deemed to be appropriate by the City Engineer
in con�unction with construction of improvements by others ad�acent to the sub�ect site
8 The final plat shall show a �oint in�ress/egress easement to be shared between the three
properties involved in the three partitions (MLP 2002-00012, 2002-00013 and 2002-00014) and
shall also address maintenance responsibdity of the shared access
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 2 OF 23
9 The applicant shall either place the existing overhead utility lines along SW Tigard Street
underground as a part of this pro�ect, 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 utdity lines and will be $27 50
per lineal foot If the fee option is chosen, the amount wdl be $3,025 O6 and it shall be paid prior
to approval of the final plat
10 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 tfie 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
11 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 426)
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 Tigard Street shall be made on the final plat
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 si�nature (for partitions), or City Engineer and Community
Development Director signa ures (for subdivisions)
Submit to the Planning Department(Morgan Tracy, 639-4171, ext 2428) for review and approval
12 Prior to final plat approval, the applicant shall submit a landscape plan which shows
A Landscape or solid fence screening along the portion of the proposed accessway that is
visible from WCTM 1S135CC lot 3300 and 2900 This screen shall compIy with one of
the three options for screening as prescnbed in TDC Section 18 745 050 (5
Installation of said screen shall occur prior to final building permit approval on Parcel #�
B A street tree plan for the proposed access drive in accordance with the size and spacing
standards under TDC Section 18 745 040 C
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS
Submit to the Engineering Department (Brian Rager, 639-4171, ext 2471) for review and
approval
13 Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final pfat
14 Pnor to issuance of the budding permits, the public sewer line work for the three partitions shall be
completed and accepted by the City
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 3 OF 23
15 Prior to issuance of building permits, the applicant shall provide the City with as-built drawings of
the public improvements as follows 1) 3 md mylar, 2) a diskette of the as-builts in "DWG" format,
if avadable, otherwise "DXF" wdl be acceptable, and 3) the as-built drawings shall be tied to the
City's 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)
16 Prior to issuance of the building permit for the new parcel, the applicant shall pay the standard
water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS)
17 The applicant shall provide signage at the entrance of the�oint driveway that lists the addresses
that are served by the dnveway
Submit to the Planning Department (Morgan Tracy, 639-4171, ext 2428) for review and approval
18 The applicant shall �rovide a tree protection plan for Parcel #2 and shared access drive, prepared
by a certified arborist The applicant/owner shall install the required tree protection measures
prior to building permit issuance The applicant shall further note that the protection plan shall
indicate that a certified arborist must be present during any excavation within the driplines of any
trees to remove
Submit to the Building Department (Development Service Technicians, 639-4171, ext 2439) for
review and approval
19 Prior to issuance of any budding permits, the applicant/owner shall provide documentation that
Tualatin Valley Fire and Rescue has reviewed and approved the fire flow documentation for the
existing fire hydrant
20 The applicant/owner shall submit a site plan with the building permit application for Parcel #2 that
meets the height and setback requirements as prescribed for flag lots, per TDC Sections
18 730 020(C) and 18 420 050(4)(e) The site plan shall also reflect the abandonment of one of
the existing dnveway access points serving Parcel #1 and consolidate the shared drive access
and the otfier remaining access for Parcel #1 so that only one driveway comes off of SW Tigard
Street
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF FINAL BUILDING INSPECTION
Submit to the Planning Department (Morgan Tracy, 639-4171, ext 2428) for review and approval
21 Following completion of the shared access drive but prior to issuance of any final building
inspections, the applicant/owner shall provide evidence that the screening along the access
drive as required in the landscape plan has been installed, as well as the street trees along the
shared access drive
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN_(18�
MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UN ER
THE PROCESS AND APPEAL SECTION OF THIS DECISION
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 4 OF 23
(
SECTION III BACKGROUND INFORMATION
Pro ert Histo
The su �ect parcel is located within the City of Tigard The �roperty is desi�nated Low Density
Residential on the Tigard Comprehensive Pfan Map The sub�ect lot was divided from Lot 10 of
Greenburg Heights Addition subdivision Apart from a Home Occupation Permit that was issued in
1997, and a lot line ad�ustment that was performed in order to facditate the current application, no other
land use approvals were found to be on file
Site Information and Proposal Descriptions
The sub�ect property is approximately 22,339 square feet and is predominantly flat The site has
approximately 100 feet of fronta e on SW Tigard Street The owner is proposing a 2-parcel partition as
indicated on the proposed parti�ion plat Parcel #1 (7,500 square feet) includes a 2,140 square foot
access easement for the benefit of Parcels #1 and 2 Parcel #2 is a 11,269 square foot flag lot behind
Parcel #1 Parcel #1 contains the existing single-family dwelling The ad�acent properties and
surrounding area are characterized by single-family homes
SECTION IV PUBLIC COMMENTS
The City mailed notice to property owners within 500 feet of the sub�ect site providing them an
opportunity to comment A number of letters have been received from adJ acent property owners,
including grooks Gaston, John Slagle, Margaret and Dewey Hamdton, and Gererdene Gibson The
concerns were primarily focused on storm drainage issues as a number of the nearby yards have poor
drainage currently The Hamilton's also inquired about the depth of the proposed sewer to ensure that it
would be adequate to serve the furthest lot These issues are discussed in greater detail under Chapter
18 810 (Street and Utdity Improvement Standards) later in this decision
SECTION V APPLICABLE REVIEW CRITERIA AND FINDINGS
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 budding 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 appropnate 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
NOTICE OF DECISION MLP2002 00012/SCHLESINGER PARTITION PAGE 5 OF 23
The minimum lot width required for the R-4 5 zoning district is 50 feet for sin le-family detached units,
and 90 feet for duplex lots Both parcels are 75 feet in width Therefore, this s�andard has been met for
single-family dwellings, no duplexes will be able to be constructed on any of these proposed lots
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-
famdy units and 10,000 square feet for duplex units The proposed partition creates two (2) lots that are
7,500 and 11,269 square feet respectively The remaining 2,140 square feet is utilized for the flag lot
accessway Both parcels meet the requirements for single-famdy residential development This
criterion has been satisfied
Each lot created through the partition process shall front a public right-of-way by at least 15 feet
or have a legally recorded minimum 15-foot wide access easement
The proposed partition plat dlustrates Parcel #1 as having 100 feet of frontage and Parcel #2 as having
20 feet of frontage on the proposed 20' wide access easement which connects to SW Tigard Streef
This criterion is met
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, and rear, 15 feet The
existing house on Parcel #1 is proposed to remain This structure is situated 25 feet from the front
properFy line, 43 feet to the proposed rear property line, 10 feet from the south side property line, and 8
feet from the proposed north side property fine As such, the existing dwelling may remain as part of this
partition application
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 Parcel #2 is a flag lot There is opportunity on this 11,269 square foot lot to provide suitable
separation from other nearby existing structures However, at this time no home construction is
proposed Therefore, conformance with this standard will be ensured through the building permit review
process
A screen shall be provided along the property line of a lot of record where the paved drive in an
accessway is located within ten feet of an abutting lot in accordance with Sections 18 745 040
Screening may also be required to maintain privacy for abutting lots and to provide usable
outdoor recreation areas for proposed development
The applicants plan calls for a 20 foot wide access drive to serve Parcel #2, in addition to serving two
other lots being proposed in separate partition applications These other lots will also be flag lots behind
the parent parcels that front on SW Kathenne Street Since the access drive will be utilized for the other
finro flag lot parcels behind the homes on Katherine Street, a screen is not appropriate along the shared
properfy lines of the sub�ect parcel and the parcels being created by MLP2002-00013 and MLP 2002-
00014 However, the homes located at 10060 SW Tigard Street (WCTM 1 S135CC lot 3300) and 10145
SW Katherine Street (WCTM 1 S135CC lot 2900) are not a part of or associated with this application,
and should be buffered from the visual impacts of the shared driveway Therefore, landscaping or a
solid fence shall be established along the boundary of the shared drive where it can be seen from those
parcels
FINDING The application fads to propose adequate screening for the area along the flag lot
accessway to satisfy this requirement
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 6 OF 23
CONDITION Prior to issuance of building and or engineering permits to construct the proposed
access drive, the applicanUowner shall submit a landscape plan which shows landscape
or solid fence screening along the portion of the proposed accessway that is visible from
WCTM 1 S135CC lot 3300 and 2900 This screen shail comply with one of the three
options for screening as prescribed in TDC Section 18 745 050 (5) Installation of said
screen shall occur prior to final building permit approval on Parcef#2
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�les
The fire district (TVFR) has reviewed the proposal and has provided comments as outlined later in this
decision under Agency Comments It is likely that a fire hydrant wdl be required at the time of building
permit application due to the general lack of other hydrants near the intersection of the access drive and
SW Tigard Street Documentation of the fire flow level will be required to demonstrate that the minimum
1,000 gallon per minute flow is available
FINDING The length of the proposed accessway and distance to the future dwelling from the street
will have a detrimental effect on fire fghting capabdities should the existing hydrant not
have adequate fire fighting flow
CONDITION Prior to issuance of any building permits, the applicant/owner shall provide documentation
that Tualatin Valley Fire and Rescue has reviewed and approved the fire flow
documentation for the existing fire hydrant
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 partit�on
map
This proposed partition would require that the accessway be shared Parcel #1 and #2 will �ointly be
responsible for the accessway, with the exact stipulations for maintenance to be established by the
applicant in the reciprocal easement In addition, there are two parcels on ad�oining properties that will
also be served by the common driveway
FINDING The access drive will serve Parcels #1 and #2, in addition to finro other future parcels
CONDITION The final plat shall show the proposed 20-foot-wide �oint access easement to be shared
between Parcels 1 and 2 as well as the two future parcels on the ad�oining lots and shall
also address maintenance responsibility
Any access way shall comply with the standards set forth in Chapter 18 705, Access, Egress and
Circulation
This standard is addressed under 18 705 (Access, Egress and Circulation) later in this decision
Where landfill and/or development is allowed within or ad�acent 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 not within nor ad�acent to a one-hundred-year floodplain Therefore, this
standard does not apply
An application for a variance to the standards prescribed in this chapter shall be made in
accordance with Chapter 18 370, Variances and Ad�ustments The applications for the partition
and variance(s)/ad�ustment(s) will be processed concurrently
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 7 OF 23
No variances or adJustments have been submitted with this application Therefore, this standard does
not apply
Residential Zoning Districts (18 510)
Development standards in residential zoning districts are contained in Table 18 510 2 below
TABLE T8 510 2 -(Cont'd )
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-4 5 Parcel 1 Parcel 2
Minimum Lot Size
-Detached unit 7 500 sq ft 7 500 sq ft 11 269 sq ft
-Duplexes 10 000 s ft
Average Mmimum Lot Width
-Detached unit lots 50 ft 75 ft 75 ft
-Duplex lots 90 ft
Maximum Lot Coverage --
Minimum Setbacks
-Front yard 20 ft 25 ft Can be met
-Side facing street on comer 8�through lots 15 ft N/A N/A
-Side yard 5 ft 10 ft/8 ft Can be met
-Rear yard 15 ft 43 ft Can be met
-Side or rear yard abutUng more restncbve zoning distnct -- N/A N/A
-Distance between property line and front of garage 20 ft 25 ft Can be met
-Side Yard Setbacks for Fla Lots DC 18 420 050 A)4)e)* 10 ft N/A Can be met
Maximum Height 30 ft ** 14 Can be met**
Mirnmum Landscape Requirement -- N/A N/A
Not a part of this table but has been Induded for referenoe
"The maximum height on a Flag Lot is 1 Yz stones or 25 feet whichever is less or as otherwise prowded for in TDC 18 730 020(C)(2)
A minimum lot size of 7,500 square feet is required for each lot The proposed lot sizes of 7,500, and
11,269 square feet meet this standard Parcel #1 contains a single-family dwelling and is in
compliance with the required R-4 5 setbacks Parcels #2 is currently vacant Future development of
these parcels 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 It should be noted that the setbacks and height limits for the flag
lot Parcel #2) are different than the underlying zone, as required by Sections 18 730 020(C) and
18 �20 050(4)(e)
FINDING Based on the analysis above, the Residential Zoning District Standards for Parcels #1 and
#2 will be met with the imposition of the following conditions
CONDITION The applicant/owner shall submit a site plan with the budding permit application for Parcel
#2 that meets the hei ht and setback requirements as prescribed for flag lots, per TDC
Sections 18 730 020(G� and 18 420 050(4)(e)
Access, Egress and Circulation (18 705)
Continuing obligation of property owner (Section 18 705 030 A) The provisions and
maintenance of access and egress stipulated in this title are continuing requirements for the use
of any structure or parcel of real property in the C�ty
There are reciprocal access agreements necessary for adequate access to proposed Parcels #1 and #2
Owners of each parcel will be under the obligation to provide and maintain access to their own propertv
Specific maintenance provisions wdl be specified in the access easement agreement to be recorded wifh
the partition plat This provision has been met
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 8 OF 23
Access Plan requirements (Section 18 705 030 B) No building or other permit shall be issued
until scaled plans are presented and approvecf 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 information about this submission
requirement
The applicant has provided a site plan showing a 20-foot-wide accessway for access, egress and
circulation for Parcel #1 and #2 To reduce the number of driveways entering SW Tigard Street, the
applicant will be required to consolidate the existing circular driveway serving Parcel#1 and close off one
of the two driveway aprons
Joint Access (Section 18 705 030 C) Owners of two or more uses, structures, or parcels of land
may agree to utilize �ointly the same access and egress when the combined access and egress
of both uses, structures, or parcels of land satisfies the combined requirements as desi nated in
this title, provided Satisfactory legal evidence shall be presented in the form o� deeds,
easements, leases or contracts to establish the �oint use, and copies of the deeds, easements,
leases or contracts are placed on permanent file with the City
Joint access to Parcels #1 and #2 is proposed, therefore, an access easement wdl be required to be
recorded with Washington County and filed with the City
Public street access (Section 18 705 030 D) 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 proposed parcels will have access to the shared driveway which wdl connect directly with SW Tigard
Street, a public street The 20-foot-wide accessway satisfies the 20-foot access width with a minimum of
20 feet of pavement required for up to 6 dwelling units per the dimensional standards in TDC Table
187051
Access Manaqement (Section 18 705 030 H)
Section 18 70 030 H states t at 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, Washingfon County, the City
and AASHTO
The location of the new private driveway to serve this development and two other proposed partitions
ad�acent to this site, should have adequate sight distance, based upon its location along Tigard Street
However, the applicant has not yet submitted a report showing the sight distance is met Staff
recommends the appiicant submit a prelimina sight distance cer�ification from their engineer prior to
approval of the final plat Any improvements�hat may be needed in order to ensure adequate sight
distance shall be completed prior to approval of the final plat as well
Section 18 705 030 H 2 states that drivewa�s shall not be permitted to be Qlaced in the influence
area of collector or arterial street intersections Influence area of intersections �s 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 righf-
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
impact report submitted by the applicant's traffic engineer In a case where a pro�ect has less
than 150 feet of street frontage, the applicant must explore any option for shared access with the
ad�acent parcel If shared access is not possible or practical, the drrveway shall be placed as far
from the intersection as possible
The private driveway location will not be in the influence area of a collector or arterial street intersection
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 9 OF 23
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 streefs along a local street shall be 125 feet
SW Ti�ard Street is classified as a neighborhood route, which most closely relates to a local street The
new private driveway will be over 400 feet away from the Katherine Street intersection, and over 1,000
feet away from the Tiedeman Street intersection Therefore, this criterion is met
Minimum access requirements for residential use (Section 18 705 030 I) Private residential
access drives shall be provided and maintained in accordance with the provisions of the Uniform
Fire Code
This standard wdl be addressed under the "Agency Comments" section on page 21 of this decision
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) A circular, aved surface having a
minimum turn radius measured from center point to outside edge of 35 �eet, b) 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, c) The maximum cross slope of a required turnaround is 5%
The site plan shows that the accessway is approximately 120 feet in length Since the drive wdl not
exceed the 150 foot length limitation, no turnaround wdl be required
FINDING Based on the analysis above, Staff finds the Access, Egress and Circulation Standards
have not been met Demonstration of compliance wdl be assured through the building
permit review
CONDITIONS
. Prior to final plat approval, the applicant/owner shall submit a reciprocal access
easement and maintenance agreement for the�oint access serving Parcels #1 and
#2 for review The easement shall be recorded with the plat
. Prior to issuance of building permits for Parcel #2 or any other parcel being served
by the shared driveway, the applicant/owner shall abandon one of the existing
driveway access points serving Parcel #1 and consolidate the shared dnve access
and the other remaining access for Parcel #1
Density Computations (18 715�
A Definition of net development area Net development area, in acres, shall be determined by
subtracting the followin land area(s) from the gross acres, which is all of the land included
in the legaf description o�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 ri hts-of-way
4 All land proposed for private s�reets and
5 A lot of at least the size required �y 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 by multiplying the
maximum number of units determined in Subsection B above by 80% (0 8)
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 10 OF 23
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 sub�ect property
is 20,909 square feet There are no sensitive land areas, public dedications, or private streets within
the subJ ect proposal However, to determine the net developable area, the square footage of Parcel
#1 (7,500 square feet) is subtracted from the calculation because it has a pre-existing single-family
dwelling Additionally, the area of the accesswa (2,140 square feet) is subtracted as it is excluded
from the lot area per TDC Section 18 120 089( � This results in a net developable area of 11,269
square feet As the minimum lot size for the R-� 5 zone is 7,500 square feet (10,000 square feet for
duplexes), the maximum number of additional residential units (single-family or duplex) is one The
proposed partition creates 2 separate lots in conformance with the density requirements
FINDING Based on the analysis above, the Density Computation Standards have been met
Landscaping and Screening (18 745�
Street trees Section 18 745 040
Section 18 745 040 A All development pro�ects fronting on a public street, prrvate 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 pro�ect has frontage on SW Tigard Street The access drive servin the proposed lot will
be approximately 200 feet in length Therefore, street trees are required along�he access dnve and
shall be planted in accordance with the standards for size and spacing in this title, under Section
18 745 040 C Since SW Tigard is unimproved and will undergo a street improvement in the
foreseeable future, and since the street improvement has not yet been designed, planting of street trees
will be deferred untd the street improvements occur The remaining landscape standards are deferred
until the time of development, except for screening of the private drive which is addressed in this
decision under Section 18 420 050
FINDING The requ�rement for Planting street trees along the access drive is not met In order to
meet this requirement the applicant shall satisfy the following condition
CONDITION The applicant shall provide a street tree plan for the�roposed access drive in accordance
with the size and spacing standards under TDC Section 18 745 040 C
Tree Removal (18 790)
A tree plan for the planting, removal and protection of trees prepared by a certified arbonst shall
be provided for any lot„ parcel or combination of lots or parcels for which a development
application for a subdivision, partit�on site development review, planned development or
conditional use is filed Protection is pre�erred over removal wherever possible
The applicant has not specified the trees that wdl require removal, but has included an arborisYs
assessment of the trees This assessment notes that there are several trees that will require removal to
accommodate the shared driveway, however, these trees are on separate properties from the sub�ect
site The mitigation for those trees wdl be addressed in fhe separate partition decisions
(MLP2002-00013 and MLP 2002-00014) As no trees are being removed for this partition request from
the sub�ect parcel, there is no required mitigation Should the other partitions not proceed, but the
driveway be constructed, the applicant/owner of this sub�ect decision wdl be responsible for the required
mitigation (if applicable) to accommodate the driveway construction The remaining trees on site will be
required to be protected through the construction phase per the City Forester's recommendations, noted
later in this decision
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
CONDITION Submit a tree protection plan with the building permit application for Parcel #2 and shared
access drive, prepared by a certified arborist The applicant/owner shall install the
required tree protection measures prior to budding permit issuance
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 11 OF 23
Visual Clearance Areas (18 795)
This C apter requires that a clear vision area shall be maintained on the corners of all property
ad�acent to intersecting right-of-ways or the intersection of a public street and a private
driveway A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or
temporary or permanent obstruction exceeding three (3) feet in heighf The code provides that
obstructions that may be located in this area shall be visually clear between three 3) and eight
(8) feet in height Trees may be placed within this area provided that all branches be ow eight (8)
feet are removed A visuaf 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 �wo points
with a straight line
The site plan shows a wood fence along SW Tigard Street that exceeds the height allowed for
pro�ections into the visual clearance area The portion of the fence that encroaches into this area will be
required to be removed in order to comply with the visual clearance area
FINDING Based on the analysis above, Staff finds that the Vision Clearance Standards are not
presently met
CONDITION The applicant/owner shall ensure that the visual clearance area is not obstructed prior to
final building inspection for Parcel #2,or completion of the shared driveway, whichever is
first
Impact Studv (18 390�
Section 18 60 090 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 apQlicant 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 supporfs that the real property dedication is not roughly
proportional to the pro�ected 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 The applicant wdl not be required to physically improve
the street due to the limited extent of frontage on this street However, the applicant wdl be required to
submit a waiver of remonstrance for future participation in a Local Improvement District (LID) for street
improvements to mitigate for the addition of 20 vehicle trips from the site The applicant will be
extending storm drainage to account for the additional impervious area being added to the site Sewer is
already available and has sufficient capacity to serve the develo ment Other impacts to public facilities
are offset by the collection of Systems Development Charg es �SDC's) collected at the time of budding
permit issuance Therefore, this standard can be satisfied through meeting the conditions of approval in
this decision
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 wdl be required to pay TIF's
of approximately $2,260 per new dwelling unit
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 12 OF 23
Based on the estimate that total TIF fees cover 32 percent of the impact on maJ or street improvements
citywide, a fee that would cover 100 percent of this pro1 ects traffic impact is $7,063 ($2,260 times one
unit 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 proJ ect on the transportation
system is $4,803 The applicant will not be required to dedicate any additional right of way Since there
are no required exactions, no proportionality determination is necessary
PUBLIC FACILITY CONCERNS
Street And Utility Improvements Standards (Section 18 810)
Chapter 18 810 provides construction standards for the implementation of public and private
facilities and utilities such as streets, sewers, and drainage The applicable standards are
addressed below
Streets
Improvements
Section 18 810 030 A 1 states that streets within a development and streets ad�acent shall be
improved in accordance with the TDC standards
Section 18 810 030 A 2 states that any new street or additional street width planned as a portion
of an existing street shall be dedicated and improved in accordance with the TDC
Minimum Rights-of-Way and Street Widths Section 18 810 030 E requires a local residential
street to have a 42 to 50-foot right-of-way width and a 24 to ��-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 Tigard 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 additional ROW on the
final plat�o provide 27 feet from the centerline
SW Tigard Street is paved but not full improved to City standards TMC 18 810 030(A)(1) states that
streets within a development and stree�s ad�acent shall be improved in accordance with City standards
However, 18 810 030(A)(5) states that the City may accept a future improvement guarantee in lieu of
street improvements if the improvement associated with the pro�ect does not, 6y itself, provide a
significant improvement to the street safety or capacity Although this development will incrementally
increase the amount of traffic on the roadway, the increase wdl not substantially degrade the level of
service on the street A street improvement ad�acent to this site, therefore, will not significantly improve
the safety or capacity of the street Moreover, the final design for SW Tigard Street has not been
developed, and therefore it would be premature to require a street improvement at this time In addition,
18 810 030(A)(5)(e) states that a guarantee in lieu of street improvements is acceptable if the proposal is
a land parti�ion on property zoned residential and the partition does not create any new streets This
partition will not create a new street Based on these code provisions, Staff therefore recommends that
the applicant be required to enter into an agreement with the City whereby the owner agrees to
participate in any future widening pro�ect for the street carried out by tF�e City, a third party, or through a
local improvement district This agreement must be executed prior to approval of the final plat
This partition is being proposed in con�unction with finro others (MLP 2002-00013 and MLP 2002-00014
The net result of all three partitions is three additional budding lots The three new parcels will eac
share the common driveway that will access SW Tigard Street The applicant will be required to show a
Joint ingress/egress easement on the final plat to clarify that the three properties have access rights The
applicant will also be required to execute a �oint maintenance agreement to clarify maintenance
responsibilities befinreen the three parcels
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 13 OF 23
Cul-de-sacs 18 810 030 K states that a cul-de-sac shall be no more than 200 feet long, shall not
provide access to greater than 20 dwelling units, and shall only be used when environmental or
topo�raphical constraints, existin� development pattern, or strict adherence to other standards
in this code preclude street extension and through circulation
. All cul-de-sacs shall terminate with a turnaround Use of turnaround configurations other
than circular, shall be approved by the City Engineer, and
e The length of the cul-de-sac shall be measured along the centerline of the roadway from
the near side of the intersecting street to the farthest point of the cul-de-sac
. If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an ad�acent street
may be required to be provided and dedicated to the City
The applicant's plan proposes a private access easement, which is not considered a cul-de-sac,
therefore this standard is not applicable
Street Alignment and Connections Section 18 810 030(G) rec�uires all local 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 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 existing public streets that stub into this site
Access to Arterials and Ma�or Collectors Section 18 810 030 P 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 Qroperties and shall
separate residential access and through fraffic, 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 ma�or collector,
• Lots of suitable depth abutting the arterial or ma�or collector to provide adequate buffering
with frontage along another sfreet,
. Screen �lanting at the rear or side property line to be contained in a nonaccess
reservation along the arterial or ma�or collector, or
• Other treatment suitable to meet the ob�ectives of this subsection,
• If a lot has access to two streets with difFerent classifications, primary access should be
from the lower classification street
The proposed development is neither abutting nor traversed by existing or proposed arterial or collector
streets Therefore, this standard is not applicable
Private Streets Section 18 810 030 S states that design standards for private streets shall be
established by the City Engineer The City shall require legal assurances for the continued
maintenance of private streets, such as a recorded maintenance agreement Private streets
serving more than six dwelling units are permitted only within planned developments, mobile
home parks, and multi-family residential developments
While there is a shared access easement, it is not within a tract, and therefore is not a private street No
pnvate streets are proposed with this development Therefore this standard is not applicable
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
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 14 OF 23
1
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�xistin development or,
. For blocks ad�acen� to artenal streets, limited access highways, ma�or collectors or
railroads
. For non-residential blocks in which intemal public circulation provides equivalent access
This proposal is not creating any additional streets and therefore this standard is not applicable
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
The existing development pattern precludes the practical application of this standard, as there is no
logical connection to make via a pedestnan connection
Lots - Size and Shape Section 18 810 060(A) prohibits lot depth from beiny 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
Parcel 1 will be less than 1 5 times the 7,500 square foot minimum lot size Parcel 2 will be slightly
lar er However, Parcel 2 is 75 feet wide, and only 163 feet deep, which is less than 187 5 feet (2 5 X
75� Therefore, this standard is met
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
Each of the proposed lots has 15 feet of frontage directly on or via a 20-foot easement onto SW Tigard
Street Therefore, this standard is met
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
By entering into the restrictive covenant for Tigard Street, this criterion will be met
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 C states that proposed sewer systems shall include
considerat�on of additional development within the area as proJected by the Comprehensrve
Plan
There is an existing 8-inch sewer line in Katherine Street that has adequate capacit�r for this
development The plan shows that a new main line will be extended northerly from Katherine Street
befinreen the three properties involved in the partitions to serve the new parcels This plan is acceptable
provided the three partition applicants work together and the utdity improvements are installed under one
permit
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 15 OF 23
Storm Drainage
General Provisions Section 18 810 100 A states requires developers to make adequate
provisions for storm water and flood water runoff
Accommodation of Upstream Drainage Section 18 810100 C states that a culvert or other
drainage facility shall be large enou h to accommodate potential runoff from its entire upstream
drainage area, whether inside or ou�side the development The City Engineer shall approve the
necessary s�ze of the facility, based on the provisions of Desi n and Construction Standards for
Sanitary and SurFace Water Management as adopted by �ean Water Services in 2000 and
including any future revisions or amendmen�s)
There are no upstream drainageways that directly impact this site
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 stora e of additional runoff caused by the development in accordance with the
Design and Construc�ion 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 surtaces provide onsite detention facilities, unless the
development is located ad�acent to Fanno Creek For those developments ad�acent to Fanno Creek, the
storm water runoff will be permitted to discharge without detention
The applicant's original app lication showed a plan for directing the drainage from the three properties out
to the ditch in Katherine Street However, during the review period, it became apparent that the ditch
system in Katherine Street is not adequate to accommodate the flows from the three partition
developments The applicant's engineer performed a thorough downstream analysis and concurred with
Staff's concern The eng�neer is now proposing that a new public main line be installed in the street and
extended westerly to a point where it can be safely discharged into a very defined ditch at the end of the
Katherine Street improvements From there, the ditch travels over City park land to Fanno Creek Staff
concurs with this solution and is comfortable that it will adequately accommodate the drainage from
these developments All existing rain drains that may discharge into the ditch system in Katherine
Street, where the new main will be installed, will be tied into the new line The existing ditch and culvert
system will be removed and backfilled Existing driveways wdl be restored once the culverts are
removed
One neighbor (Brooks Gaston) submitted a letter, dated March 14, 2003 Mr Gaston lives in the home
at 10272 SW I�eadow Street, which backs up to a relatively vacant property (Webb property, 1 S1 35CC,
Tax Lot 600) between his home and the applicant's proposed Parcel 2 Mr Gaston's property is
approximately 230 feet to the west of Parcel 2 Mr Gaston indicates that the overland sheet flows
behind his home have worsened over the years and causes his back yard to flood each winter Mr
Gaston was concerned about the original storm drainage plan shown by the applicant, as it may not be
deep enough to collect all of the water from Parcel 2 Mr Gaston is hoping that a storm drainage
solution could be developed that would alleviate his back yard flooding issue
The applicant (Mdes Schlesinger) met with a representative from the Webb parcel, Mr Gaston and
another neighbor south of Gaston along Meadow Street separately to discuss the potential of one
common storm line that would run westerly across the Webb parcel, then south alon the east
boundaries of Gaston and the nei hbor to the south to get to the ditch in Katherine Street A�this point,
the ditch in the street is more de�ned That solution was not agreed to by all parties, so the applicant
could not carry it forward
NOTICE OF DECISION MLP2002 00012/SCHLESINGER PARTITION PAGE 16 OF 23
However, the current plan wdl ensure that the overland sheet flows experienced by Mr Gaston will not
become worse If anything, they will improve because all of Parcel 2 wdl be able to be drained toward
the new line This is due to the fact that a storm line will be installed, which will have a depth of
approximately three feet With the old plan, the applicant was attemptmg to tie into a ditch, which would
only have a few inches of depth The plan shows a common private storm line extending north from
Kafherine Street along the west boundary of Tax Lot 3000 (Swo es, MLP 2002-00013) wifh laterals to
reach all new parcels Staff is confident that this new plan wdPadequately address fhe storm water
runoff from this development
Bikeways and Pedestrian Pathways
Bikeway Extension Section 18 810 110 A states that developments ad�oining 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
The City's pedestrian/bikeway plan does not identify any necessary improvements for this segment of
SW Tigard Street Therefore this standard is met
Cost of Construction Section 18 810 110 B states that development permits issued for planned
unit developments, conditional use permits, subdrvisions, and other developments which will
principally benefit from such bikeways shall be conditioned to include the cost or construction
of bikeway improvements
Not applicable
Minimum Width Section 18 810 110 C states that the minimum width for bikeways within the
roadwaY is five feet per bicycle travel lane Minimum width for two-way bikeways separated from
the road is eight feet
Not applicable
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 surtace mounted transformers, surtace mounted connection boxes and
meter cab�nets 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 C 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 whicl� are not under round will serve the development and the
approval authority determ�nes that the cost and �echnical difficulty of under-g rounding the
utilities outweighs the benefit of under-grounding in con�unction with the deveropment The
determination shall be on a case-by-case basis The most common, but not the only, such
situation �s 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
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 17 OF 23
There are existing overhead utility lines along the frontage of SW Tigard Street If the fee in-lieu is
proposed, it is equal to $27 50 per lineal foot of street frontage that contains the overhead lines The
frontage along this site is 110 lineal feet, therefore the fee woufd be $3 025 00
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
STA D DS
Public Water S stem
This site is serve rom the City's water system The plan shows that three new meters will be set at the
private driveway entrance onto Tigard Street Three new water services will need to be run westerly to
reach the new parcels (Parcel #2 from this application as well as the new parcels created through MLP
2002-00013 and MLP 2002-00014) This work will require a plumbing permit from the City
Storm Water Qualit
The City 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 pro�ects such as residential land
partitions It would be impractical to require an on-site water quality facdity to accommodate treatment of
the storm water from the new parcel Rather, the CWS standards provide that applicants should pay a
fee in-lieu of constructing a facdity if deemed appropriate Staff recommends payment of the fee in-lieu
on this application
Gradin and Erosion Control
CWS Design an Construct�on 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, cleariny, and any other activity whicfi
accelerates erosion Per CWS regulations, the applicant is required to submit an eros�on 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 five or more acres of land Since
this site is not over five acres, the developer wdl not be required to obtain an NPDES permit from the
City prior to construction
The site plan for the subsequent home will need to include a grading and erosion control plan that will be
reviewed and approved by the Building Division
Site Permit Re uired
e app icant is required to obtain a Site Permit from the Building Division to cover all on-site pnvate
utility installations (water, sewer, storm, etc ) and driveway construction This permit shall be obtained
prior to approval of the final plat
Address Assi�nments
The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard
and within theUrban Service Boundary (USB)
An addressing fee in the amount of$30 00 per address shall be assessed This fee shall be paid to the
City prior to approval of the final plat For this pro�ect, the addressing fee will be $30 00
The developer will also be required to provide signage at the entrance of shared driveway that lists the
addresses that are served by the driveway This wdl assist emergency services personnel to more
easily find a particular home
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 18 OF 23
Surve Re uirements
The app icant s ina p at shall contain State Plane Coordinates on two monuments with a tie to the City's
global positioning system (GPS) geodetic control nefinrork 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 measuremenfs 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
This wdl be required as a condition of approval
SECTION VI OTHER STAFF COMMENTS
City of Tigard Police Department has reviewed the proposal and requested that the address for the
Parcels #'f and 2 be posted at the front of the driveway near the street in order to speed delivery of
emergency life/safety services
RESPONSE This will be required as a condition of approval
City of Tigard Forester has reviewed the proposal and offered the following comments
1 18 745 030, TREE PROTECTION DEVICES
E PROTECTION OF EXISTING VEGETATION Existing vegetation on a site shall be
protected as much as possible
1 The developer shall provide methods for the protection of existing vegetation to
remain during the construction process, and
2 The plants to be saved shall be noted on the landscape plans (eg , areas not to be
disturbed can be fenced, as in snow fencing which can be placed around the
individual trees)
1 1 All tree protection devices shall be located on the Tree Protection Plan Any tree that will
not be removed onsite that is within the limits of disturbance of this pro�ect must be
protected Anv tree that is located on property ad�acent to the construction pro ect that will
have more t�ian'�5 0 o its root system distur�e y construction activities s a also be
protected
1 2 Details and specifications are required as to how the trees will be protected on site
1 3 Provide a construction sequence including installation and removal of tree protection
devices, clearing, grading, or installation of sediment and erosion control measures, and
other activities that may be required to implement the tree protection measures
1 4 Include in the notes on the final set of plans that equipment, vehicles, machinery, dumping
or storage, or other construction activities, burial, burning, or other disposal of construction
materials must not be located inside of any tree protection device or outside of the limits of
disturbance where trees are being protected No grading, filling or any other construction
activity may occur within the tree protection devices at any time or outside of the limits of
distur6ance where trees are being protected unless approved by the City Forester
1 5 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 6e no less than four feet high from the top of grade Each post
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 19 OF 23
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
■ Befinreen 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 activify,
including material stora�e, may occur behind the fencing
■ Approved in the field prior to cfearing, grading, or the be�inning of construction
■ Remain in place and maintained untd alf construction is completed and a final
inspection is conducted
1 6 To determine the size of the tree protection zone follow the guidelines listed below
■ For individual trees follow the trunk diameter method For eve one-inch of diameter
at breast height (DBH), or 4 '/z feet above the ground, allow 1�inches of space from
the trunk of tfie tree For example, a tree that is 15" at DBH must have at least 12' of
tree protection zone around the entire canopy of the tree
■ For groups of trees the tree protection zone must be outside of the dripline of the trees
on the edge of the stand if there are conifers with narrow crowns on the edge of the
stand follow the trunk diameter method or the dripline method, whichever is greater
1 7 Identify, on the Tree Protection Plan, the location of the stockpile area and the staging
area (if different from the stockpile area)
1 8 All of this information must be included in the final plan's notes or drawings
1 9 If it is necessary to enter the tree protection zone at any time with equipment (trucks,
bulldozers, etc ) the City Forester must be notified before any entry occurs Before
entering the protection zone a layer of at least five (5) inches of wood chips or mulch must
be placed over the root zone where the vehicles wdl be driven This method will minimize
the adverse impacts of compaction from the equipment When access to this area is no
longer needed the wood chips or mulch must then be dispersed (somewhere onsite is
okay) down to a level of not more than four (4) inches deep
1 10 S�ecific to this pro�ect
• All trees on the neighboring properties must receive the same protection guidelines
as the trees on the applicant s site
• If the tree protection guidelines outlined in the conditions of approval are not
followed, moved after bein� approved in the field, knocked down during
construction or are removed prior to the end of construction the pro�ect will be
o Immediately shut down until the fencing is reinstalled according to the
conditions of approval
o Each impacted tree shall be bonded for seven years in the amount of
$5,000 00 per tree
o Corrective action will taken by the applicant to address the damage done to
the Critical Root Zones of each tree Corrective action may include, but not
limited to, loosening compacted sod, replacing graded sod or removing filled
sod
o A fine of $250 00 per day shall be assessed to the applicant for each day
that the fencing is down
• Tree #25 should be preserved at any cost and the sanitary line should be moved to
the eastern side of 10085 SW Katherine or the western side of 10135 SW
Katherine
2 ILLEGAL TREE REMOVAL, 18 790 060 C 2
Payment of an additional civil penalty representing the estimated value of any unlawfully removed
or damaged tree, as determined using the mosf current International Society of Arboriculture's
Guide for Plant Appraisal
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 20 OF 23
3 TREE SPECIES SELECTION & PLANTING, 18 745 030
C INSTALLATION REQUIREMENTS The installation of all landscaping shall be as follows
1 All landscaping shall be installed according to accepted planting procedures
2 The plant ma{erial shall be of high grade, and shall meet tFie size and grading
standards of the American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and
any other future revisions), and
3 Landscaping shall be installed in accordance with the provisions of this title
G CONDITIONS OF APPROVAL OF EXISTING VEGETATION The review procedures and
standards or required landscaping and screening shall be specified in the conditions of
approval during development review and in no instance shall be less than that required for
conventional development
3 1 It is recommended that all tree planting follow the guidelines set forth by the International
Society of Arboriculture's tree planting guidelines as well as the standa�ds set forth in the
American Institute of Architects' Archi�ectural Graphic Standards, 10 edition In the
Architectural Graphic Standards there are guidelmes for selecting and planting trees based
on the soil volume and size at maturitv Additionally, there are direcfions for soil
amendments and modifications I recommend that these guidelines be followed and
adhered to at all times
3 2 In order to develop tree species diversity onsite it is recommended that the following
guidelines be followed
■ No more than 30% of any one family be planted onsite
■ No more than 20% of any one genus be planted onsite
■ No more than 10% of any one species be planted onsite
3 3 I recommend that all of this information be included in the final plan's notes or drawings
City of Tigard Operations Department has reviewed the proposal and has no ob�ections to it
City of Tigard Public Works Department has reviewed the proposal and has no ob�ections to it
SECTION VII AGENCY COMMENTS
Clean Water Services comments have been discussed above under Public Facility Concerns
Tualatin Valley Water District has reviewed the proposal and has no ob�ections to it
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments
�� FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS
Access roads shall be within 150 feet of all portions of the exterior wall o the first story of the
building as measured by an approved route around the exterior of the building An approved
turnaround is required if the remaining distance to an approved intersectmg roadway, as
measured along the fire apparatus access road, is greater than 150 feet (UFC Sec 902 2 1)
z� DEAD END ROADS Dead end fire apparatus access roads in excess of 150 feet in length shall
be provided with an approved turnaround Diagrams of approved turnarounds are avadable from
the fire district (UFC Sec 902 2 2 4)
s� FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER
PRO en ui ings are complete y protecte wit an approve automatic fire
sprinkler system, the requirements for fire apparatus access may be modified as approved by the
Chief (UFC Sec 902 2 1 Exception 1)
NOTICE OF DECISION MLP2002-000121SCHLESINGER PARTITION PAGE 21 OF 23
J
a� FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE Fire apparatus
access roads shall have an unobstructed width of not less than 20 feet (15 eet for one or two
dwelling units and out buddings), and an unobstructed vertical clearance of not less than 13 feet 6
inches (UFC Sec 902 2 2 1) Where fire apparatus roadways are less than 28 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 less than 32 feet wide, "NO
PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed
Where fire apparatus roadways are 32 feet wide or more, parking is not restricted (UFC Sec
902 2 4)
s> SURFACE AND LOAD CAPACITIES Fire apparatus access roads shall be of an all-weather
su ace t at is easi y istinguis a e rom the surrounding area and is capable of supporting not
less than 12,500 pounds point load (wheel load) and 50,000 pounds live load gross vehicle
weight) You may need to provide documentation from a reg istered engineer that the design will
be capable of supporting such loading Documentation from a registered engineer that the
finished construction is in accordance with the approved plans or the requirements of the Fire
Code may be requested (Design criteria on back) (UFC Sec 902 2 2)
s� TURNING RADIUS The inside turning radius and outside turning radius shall be not less than
25 feet and 45 feet respectively, measured from the same center point (UFC Sec 902 2 2 3)
7� GRADE Private fire apparatus access roadway grades shall not exceed an average grade of 10
aercent with a maximum grade of 15 ercent for len ths of no more than 200 feef Intersections
nd turnarounds shall be level (maximum 5%) with �he exception of crowning for water run-off
Public streets shall have a maximum grade of 'f 5% (UFC Sec 902 2 2 6)
a> SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS Fire hydrants for single
amily we ings, up exes an su - ivisions, s a I be p ace at each intersection Intermediate
fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an
intersection as measured in an approved manner around the outside of the structure and along
approved fire apparatus access roadways Placement of additional fire hydrants shall be as
approved by the Chief (UFC Sec 903 4 2 2)
s� FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD Fire hydrants shall be located not
more than 15 feet rom an approved fire apparatus access roadway (UFC Sec 903 4 2 4)
�o� REFLECTIVE HYDRANT MARKERS Fire hydrant_locations shall be identified by the installation
of reflective markers The markers shall be blue They shall be located ad�acenf and to the side
of the centerline of the 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 accordingly (UFC Sec
901 4 3)
��� SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW The minimum avadable fire flow for
sin�le amdy dwellings and duplexes shall be ,000 gallons per minute If the structure(s) is(are)
3,6 0 square feet or larger, the required fire flow shaTl be defermined according to UFC Appendix
Table A-III-A-1 (UFC Appendix III-A, Sec 5)
�2� ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION Approved fire
apparatus access roa ways an ire ig ting water supp ies s a I e insta e and operational
prior to any other construction on the site or subdivision (UFC Sec 8704)
SECTION VIII PROCEDURE AND APPEAL INFORMATION
Notice Notice was mailed to
X The applicant and owners
� Owner of record within the required distance
X Affected government agencies
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 22 OF 23
J
Final Decision
THIS DECISION IS FINAL ON MAY 19, 2003 AND BECOMES
EFFECTIVE ON JUNE 4, 2003 UNLESS AN APPEAL IS FILED
�A �eal
TF�e Director's Decision is final on the date that it is maded 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 Communit�r 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 theNotice of Decision was mailed The appeal fee schedule
and forms are avadable 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 submitEed by any party during the appeal hearing, sub�ect to any additional rules of procedure that
may be adopted from time to time by the appellate body
THE DEADLINE FOR FILING AN APPEAL IS 5 00 PM ON JUNE 3, 2003
Questions
I yo� u have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hali Boulevard, Tigard, Oregon at (503) 639-4171
� .
Ma� 1�__9,_2003
PREPAR D organ Tracy DATE
Associate Planner
• G�-v Ma i 19, 2003
,'
APPROVED BY Richard B sdo ATE
Planning an ger
i\curpin\morgan\workspace\mlp\mIp2002-00012(schlesinger)\mIp2002-00012 decision doc
NOTICE OF DECISION MLP2002-00012/SCHLESINGER PARTITION PAGE 23 OF 23
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EXHIBIT�
Miles Schlesinger MLP2002-00012
11455 SW Shrope Court SCHLESINGER PARTITION
Tigard, OR 97223
Stacy Schlesinger
10120 SW Tigard Street
Tigard, OR 97223
/�
��
AFFIDAVIT OF MAILING CITYOFTIGARD
Commuraty�Development
SfiapmgA BetterCommuraty
I, �atncra L Lu�ord being first duly sworn/affirm, on oath depose and say that I am a SenzorAdmmutratave SpecuiCut for
the �aty of Z'�ar �INaskrngton County, Oregon and that I served the following
(Check Appropnate Box(s)Bebw)
❑x NOTICE OF DECISION FOR MLP2002 00012/S(HLESINGER PARTITION
� AMENDED NOTICE (File NolName Reference)
� City of Tigard Planrnng Director
A copy of the said notice being hereto attached, marked Exhlbit"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 Ellhlblt"B",and by reference made a part
hereof, on Ma]I19,2003,and deposited in the United States Mail on M8Y19,2003, postage prepaid
(Person repa ed otice)
,57,A�E OF O�GON )
C'ounty of`Gl�ashsngton )ss
C��y of�rgar� )
Subscribed and sworn/affir d before me on the �� day of , 2003
�
ORFICIAL SEAL
� '��o J BENOTSON
NOTARY PUBLIC OREGON
COMMISSION NO 368086
MY COMMISSION E�XPIRES APR 27 2007
My Commission E�ires �7 �
EX
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2002-00012 CITYOFTIGARD
SCHLESINGER PARTITION CommumtyNevefopment
Shaping A�etter Commumry
120 DAYS (WITH EXTENSION) =8/3/03
SECTION I APPLICATION SUMMARY
FILE NAME SCHLESINGER PARTITION
CASE NO Minor Land Partition (MLP) MLP2002-00012
PROPOSAL The applicant is requesting a Minor Land Partition to partition one (1) existing
22,399 square foot lot into finro (2) parcels for detached single-family residences
An existing single-family dwelling is located on the sub�ect parcel and is proposed
to remain on Parcel #1 in compliance with all setback requirements
APPLICANT Mdes Schlesinger OWNER Stacy Schlesinger
11455 SW Shrope Court 10120 SW Tigard Street
Tigard, OR 97223 Tigard, OR 97223
ZONING
DESIGNATION R-4 5, The R-4 5 zoning district is designed to accommodate detached
single-famdy 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 10120 SW Tigard Street, WCTM 1 S135CC, Tax Lot 3400
PROPOSED PARCEL 1 7,500 Square Feet
PROPOSED PARCEL 2 11,269 Square Feet
FLAG LOT ACCESS AREA 2,140 Square Feet
APPLICABLE
REVIEW
CRITERIA Community Development Code Chapters 18 390 (Decision-Making Procedures),
18 420 (Land Partitions), 18 510 (Residential Zoning Districts), 18 705 (Access
Egress and Circulation), 18 715 (Density Computations), 18 745 (Landscaping and
Screening), 18 765 (Off-Street parking and Loading Requirements), 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 avadable for inspection at no cost o� —
copies can be obtained for finrenty-five cents (25�) per page, or the current rate charged for copies at the
time of the request
SECTION III PROCEDURE AND APPEAL INFORMATION
Notice
Notice mailed to
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision
THIS DECISION IS FINAL ON MAY 19, 2003 AND BECOMES
EFFECTIVE ON JUNE 4, 2003 UNLESS AN APPEAL IS FILED
Appeal
The Director's Decision is final on the date that it is mailed All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18 390 040 G 1 may
appeal this decision in accordance with Section 18 390 040 G 2 of the Tigard Community
Development Code which provides that a written appeal together with the required fee shall be filed
with the Director within ten (10) business days of the date the Notice of Decision was mailed The
appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon 97223
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that
may be adopted from time to time by the appellate body
THE DEADLINE FOR FILING AN APPEAL IS 5 00 PM ON JUNE 3, 2003
Questions
For further information please contact the Planning Division Staff Planner, Morgan Tracx at
(503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223
YICINITY MAP
TIGARD MLP2002 00012
SCHLESINGER PAATITION
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PAT I 10130 SW KATHERINE STREET EXHI�I�'
1018 IGARD ST TIGARD OR 97223
T ARD OR 7223
1S135CC 03700 1S135CC-00600
ALFORD BURT W&PATRICIA M CHANEY CORALYN A
10180 SW TIGARD ST 11730 SW TIEDEMAN
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-03800 1 S 7 35CC-00300
ALFORD BURT W PATRICIA CHITTENDEN LLOYD A EVELY
10180 SW TIGARD ST 11600 SW TIEDEMAN AVE
TIGARD OR 97223 TIGARD OR 97223
2Sio26B-ooaos 2S�o2BB-ooioo
BAKER HOWARD W DOROTHY M CRESS SCOTT B AND DANA B
12065 SW KAROL CT 9966 SW KATHERINE STREET
TIGARD OR 97223 TIGARD OR 97223
1 S 7 35CC-00800 1 S 135CC-00100
BOWSHER CHARLEY L , DAY CHRISTINA L 8 ROGER W
LUCILLE N 10200 SW TIGARD ST
11820 SW TIEDEMAN TIGARD OR 97281
TIGARD OR 97223
.
2S102B8-00402 2S102BB-00403
BRACK RICHARD J DORENE DEROSSO DAVID LEROY AND
14100 SW 98TH CT JOANNE SUSAN
TIGARD OR 97224 12015 SW KAROL CT
TIGARD OR 97223
2S102BB-00411 2S10268-00207
BRENNAN MABEL G FLEMING PASQUALINA TRUSTEE
12020 SW KAROL CT 10060 SW KATHERINE
TIGARD OR 97223 TIGARD OR 97223
2S 1028 B-00409 1 S 135CD-09800
BRICKEY JUDY F FOSTER DEANNA K
12070 SW KAROL CT 9991 SW PIHAS CT
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-03300 1 S 7 35CC-01600
BROOKER FRED&HARRIETT GASTON BROOKS R&KRISTIN A
10060 SW TIGARD ST 10272 SW MEADOW ST
TIGARD OR 97224 TIGARD OR 97223
2S102B8-00501 1S135CC-02800
BRUNO STEVE K HAMILTON DEWEY R M C
10240 SW KATHERINE ST 10175 SW KATHERINE
TIGARD OR 97223 TIGARD OR 97223
7 S 135CC-02900 • 2S 10288-00600
HAMILTON JUDITH M METRO
17225 12TH AVE NW REGIONAL PARKS&GREENSPACES
SEATTLE WA 98177 600 NE GRAND AV
PORTLAND OR 97232
1 S 135CD-07 400 1 S 135CC-01500
J 8�S CONCRETE INC NELSON BETTY JANE
18285 NE RIBBON RIDGE RD 10275 SW MEADOW ST
NEWBERG OR 97132 TIGARD OR 97223
1 S 135CC-00200 1 S 135CC-01700
JACKSON PAUL R O DOHERTY DENNIS AND
JACKSON SIMONE DENISE PAUWELS GIBBONS GERERDENE
10250 SW TIGARD ST 10270 SW MEADOW
TIGARD OR 97223 TIGARD OR 97223
2S102BB-00404 1 S135CC-00703
JOHNSON CLIFFORD A 8 CYNTHIA LE OLLISON RANDY L&CINDY
12045 SW KAROL CT 11100 SW 95TH
TIGARD OR 97223 TIGARD OR 97223
1 S 7 35CC-03100 7 S 135CB-00800
KRASAUSK PAUL& OREGON DEPT OF TRANSPORTATION
MACHARG JOE JR 8 RNV PROPERTY MANAGEMENT UNIT
TOTORICA CAROL E RAIL DIVISION
PO BOX 5931 555 13TH ST NE#3
BEAVERTON OR 97006 SALEM OR 97301
2S 102B8-00410 1 S 135CC-02600
KRAUSHAAR STEPHANIE E& PATRICK PAUL C
BEDNAREK CHRISTOPHER F JR KATHLEEN A
12050 SW KAROL CT 10235 SW KATHERINE ST
TIGARD OR 97223 TIGARD OR 97223
2S102BB-00300 2S102BB-00408
LARSON MARLENE D PURDY JOHN T
PO BOX 23634 12090 SW KAROL CT
TIGARD OR 97281 TIGARD OR 97223
1 S 135CB-00700 1 S135CC-07900
MCCALL OIL PYLE ROY W&MARY LOUISE TRUSTE
CHEMICAL CORPORATION 10330 SW MEADOW
BY NED MCCALL TIGARD OR 97223
5480 NW FRONT AVE
PORTLAND OR 97210
1 S 135CC-04000 2S 102BB-00406
MCCALL PROPERTIES INC REEVES PAUL M
BY NED MCCALL 12085 SW KAROL CT
5480 NW FRON AVE TIGARD OR 97223
PORTLAND OR 97210
1 S 135CD-01100 1 S 7 35CC-00702
MCCALL PROPERTIES INC RIFFEL ALLEN W&SUSAN A
BY NED MCCALL 11742 SW TIEDEMAN AVE
5480 NW FRONT AVE TIGARD OR 97223
PORTLAND OR 97210
1 S 135CC-03400 2S 102BA-00
SCHLESINGER STACEY TIG DUSTRIAL LLC
10120 SW TIGARD ST 113 LL MOUNTAIN RD#104
TIGARD OR 97223 T ARD OR 97224
2S 1028 B-00407 2 1028A-00301
SCHMASOW WALLACE I AND TIG D I STRIAL LLC
ANN MARIE 1133 ULL MOUNTAIN RD#104
12100 SW KAROL CT RD OR 24
TIGARD OR 97223
1 S 7 35CC-01400 2S 102B B-00500
SLAGLE JOHN D AND TOLLIVER KENNETH RAY&ALICE E
SORENSEN JANICE M 10200 SW KATHERINE ST
10305 SW MEADOW ST TIGARD OR 97223
TIGARD OR 97223
1 S 7 35CC-02700 1 S 135CC-03200
SLYTER ROBIN S AND SUSAN D TRUJILLO BERNARDINO 8 EVA C
10205 SW KATHERINE ST 10030 SW TIGARD ST
TIGARD OR 97223 TIGARD OR 97223
1 S135CC-0O500 1 S135CC-02000
STOVER LAWRENCE W 8�SHARON A VALDEZ STEVEN M 8
13432 SW 136TH PL KIMBERLY M
TIGARD OR 97223 10360 SW MEADOW ST
TIGARD OR 97223
7 S 135CC-01800 7 S 135CC-03500
SUDENGA CHARLENE M VONAHLEFELD PAUL
10300 SW MEADOW ST 10130 SW TIGARD ST
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-03000 7 S 135CC-00700
SWOPES BRET 8�LINDA S WATANABE OSAMU AND SUWAKO
13440 SW HOWARD DR 11770 SW TIEDEMAN AVE
TIGARD OR 97223 TIGARD OR 97223
1 S 7 35CC-01200 1 S 135CC-03600
SZYDLOWSKI DOROTHEA L WEBB ROBERT LEE
10365 SW MEADOW ST EDNA M
TIGARD OR 97224 10140 SW TIGARD
TIGARD OR 97223
2 102BB-008 2 1S135CC-01300
TI D TY OF ZWERLING ADAM J&
131 HALL CARDILLO DEBORAH A
T ARD O 97223 10325 SW MEADOW ST
TIGARD OR 97223
2S 102BA-00302 1 S 7 35CC-02500
TIGARD INDUSTRIAL LLC ZWINGRAF JOSEPH R
11336 SW BULL MOUNTAIN RD#104 10265 SW KATHERINE ST
TIGARD OR 97224 TIGARD OR 97223
Jack Biethan
11023 SW Summerfield Dnve#4
Tigard, OR 97224
Brooks Gaston
10272 SW Meadow Street
Tigard, OR 97223
Don & Dorothy Erdt
13760 SW 121stAvenue
Tigard, OR 97223
Ellen Bedstein
14630 SW 139�Avenue
Tigard, OR 97224
Martha Bishop
10590 SW Cook Lane
Tigard, OR 97223
Vanessa Foster
13085 SW Howard Dnve
Tigard, OR 97223
Susan Bedke
11755 SW 114� Place
Tigard, OR 97223
Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Patncia Keenns
12195 SW 121 st Avenue
Tigard, OR 97223
CITY OF TIGARD - CENTRAL CIT SUBCOMMITTEE (i\curpin\setup\IabeIslCIT Central doc) UPDATED November 27 2002
� „ r
AFFIDAVIT OF MAILING ���
CITY�OF TIGARD
�'ommunity�eveCopment
ShapingA BetterCommunity
I, �atricia L. Lunsf ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorArlministrative SpeciaC'�st for
the City of7'igard, 4Nashington County, Oregon and that I served the following:
{Check Appropnate Box(s)Below}
❑X NOTICE OF PENDING LAND USE APPLICATION FOR: MLP2002-00012/SCHLESINGER PARTITION
❑ AMENDED N�TICE (FileNO./NameReference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhlbit"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 M81'Ch 21,2003,and deposited in the United States Mail on March 21,2003, postage prepaid.
(Person th pared Notic )
s�"A�o�o�GoN )
County of`Was mgton )ss.
Ci�y of�igard ) •
Subscribed and sworn/affirmed before me on the �S�day of , 2003.
OFFICIAL SEAL
�. pIp�NE.M JELDERKS
N`•,
�''� NOTAAY PUBUC-OREGON
COMM1SS10N NO.326578 /
MY COMMISSION EXp�pES SEPT.07,2003
My Commission Expi : 7 ��3
NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER EXH I B IT_Q___
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER
NOTICEOFPENDING LAND USEAPPLICATION y
MINOR LAND PARTITION CITY OF TIGARD
Communtty�DeveCopment
Skapmg A Better Communtty
DATE OF NOTICE March 21, 2003
FILE NUMBER MINOR LAND PARTITION (MLP) 2002-00012
FILE NAME SCHLESINGER PARTITION
PROPOSAL The applicant is requesting Minor Land Partition approval to partition one (1) existing 20,943
square foot lot into finro (2) parcels for detached single-famdy residences An existing smgle-
famdy dwelling exists on the sub�ect parcel and is proposed to remain on Parcel #1 in
compliance with all setback requirements
ZONE R-4 5 Low-Density Residential District The R-4 5 zoning distnct 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 18 390,
18 420, 18 510, 18 705, 18 715, 18 745, 18 765, 18 790, 18 795 and 18 810
LOCATION 10120 SW Tigard Street, WCTM 1 S135CC, Tax Lot 3400
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS
Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day penod to
submit written comments on the application to the City THE FOURTEEN (14) DAY PERIOD ENDS AT
5 00 PM ON APRIL 4, 2003� All comments should be directed to Morgan Tracy, 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
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 APRIL�25,`�2003� IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A
COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED
WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN
THE FOLLOWING INFORMATION
. Address the specific "Applicable Review Criteria" descnbed in the section above or any other criteria
believed to be applicable to this proposal,
. Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to
provide a response,
. Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant
approval criteria with sufficient specificity on that issue
t
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 Wntten Comments "
YICINITY MAP
TIGARD MLP2002 00012
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1018 IGARD ST TIGARD OR 97223
T ARD OR 7223
1 S 135CC-03700 1 S 135CC-0O60�
ALFORD BURT W&PATRICIA M CHANEY CORALYN A
10180 SW TIGARD ST 11730 SW TIEDEMAN
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-03800 1 S 135CC-00300
ALFORD BURT W PATRICIA CHITTENDEN LLOYD A EVELY
10180 SW TIGARD ST 11600 SW TIEDEMAN AVE
TIGARD OR 97223 TIGARD OR 97223
2S 102BB-00405 2S 102BB-00100
BAKER HOWARD W DOROTHY M CRESS SCOTT B AND DANA B
12065 SW KAROL CT 9966 SW KATHERINE STREET
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-00800 1 S 135CC-00100
BOWSHER CHARLEY L , DAY CHRISTINA L&ROGER W
LUCILLE N 10200 SW TIGARD ST
11820 SW TIEDEMAN TIGARD OR 97281
TIGARD OR 97223
2S102BB-00402 2S102BB-00403
BRACK RICHARD J DORENE DEROSSO DAVID LEROY AND
14100 SW 98TH CT JOANNE SUSAN
TIGARD OR 97224 12015 SW KAROL CT
TIGARD OR 97223
2S 1 o2BB-0o411 2S 1 o2BB-0o2o t
BRENNAN MABEL G FLEMING PASQUALINA TRUSTEE
12020 SW KAROL CT 10060 SW KATHERINE
TIGARD OR 97223 TIGARD OR 97223
2S 102BB-00409 1 S 135CD-09800
BRICKEY JUDY F FOSTER DEANNA K
12070 SW KAROL CT 9991 SW PIHAS CT
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-03300 1 S 7 35CC-07 600
BROOKER FRED&HARRIETT GASTON BROOKS R&KRISTIN A
10060 SW TIGARD ST 10272 SW MEADOW ST
TIGARD OR 97224 TIGARD OR 97223
2S1028B-00501 7 S135CC-02800
BRUNO STEVE K HAMILTON DEWEY R M C
10240 SW KATHERINE ST 10175 SW KATHERINE
TIGARD OR 97223 TIGARD OR 97223
isissec-o2soa zs�ozBa-0osoo
HAMILTON JUDITH M METRO
17225 12TH AVE NW REGIONAL PARKS&GREENSPACES
SEATTLE WA 98177 600 NE GRAND AV
PORTLAND OR 97232
1 S135CD-01400 1 S 735CC-01500
J 8 S CONCRETE INC NELSON BETTY JANE
18285 NE RIBBON RIDGE RD 10275 SW MEADOW ST
NEWBERG OR 97132 TIGARD OR 97223
1 S 135CC-00200 1 S 135CC-01700
JACKSON PAUL R O DOHERTY DENNIS AND
JACKSON SIMONE DENISE PAUWELS GIBBONS GERERDENE
10250 SW TIGARD ST 10270 SW MEADOW
TIGARD OR 97223 TIGARD OR 97223
2S102BB-00404 1 S135CC-00703
JOHNSON CLIFFORD A&CYNTHIA LE OLLISON RANDY L&CINDY
12045 SW KAROL CT 11100 SW 95TH
TIGARD OR 97223 TIGARD OR 97223
7 S 135CC-03 700 1 S 135CB-00800
KRASAUSK PAUL& OREGON DEPT OF TRANSPORTATION
MACHARG JOE JR& R/W PROPERTY MANAGEMENT UNIT
TOTORICA CAROL E RAIL DIVISION
PO BOX 5931 555 13TH ST NE#3
BEAVERTON OR 97006 SALEM OR 97301
2S102BB-00410 1 S135CC-02600
KRAUSHAAR STEPHANIE E& PATRICK PAUL C
BEDNAREK CHRISTOPHER F JR KATHLEEN A
12050 SW KAROL CT 70235 SW KATHERINE ST
TIGARD OR 97223 TIGARD OR 97223
2S 1 o2B B-0o30o 2S 1 o2BB-0o408
LARSON MARLENE D PURDY JOHN T
PO BOX 23634 12090 SW KAROL CT
TIGARD OR 97281 TIGARD OR 97223
1 S 135C6-00700 1 S 135CC-01900
MCCALL OIL PYLE ROY W&MARY LOUISE TRUSTE
CHEMICAL CORPORATION 10330 SW MEADOW
BY NED MCCALL TIGARD OR 97223
5480 NW FRONT AVE
PORTLAND OR 97210
1S135CC 04000 2S102BB-00406
MCCALL PROPERTIES INC REEVES PAUL M
BY NED MCCALL 12085 SW KAROL CT
5480 NW FRON AVE TIGARD OR 97223
PORTLAND OR 97210
1 S 135CD-01100 7 S 135CG00702
MCCALL PROPERTIES INC RIFFEL ALLEN W 8 SUSAN A
BY NED MCCALL 11742 SW TIEDEMAN AVE
5480 NW FRONT AVE TIGARD OR 97223
PORTLAND OR 97210
7 S 135EC-0340(r 2S 7 02BA-003
SCHLESINGER STACEY TIG DUSTRIAL LLC
10120 SW TIGARD ST 113 LL MOUNTAIN RD#104
TIGARD OR 97223 T ARD OR 97224
2S 1026 B-00407 2 102BA-00301
SCHMASOW WALLACE I AND TIG D I STRIAL LLC
ANN MARIE 1133 ULL MOUNTAIN RD#104
12100 SW KAROL CT RD OR 24
TIGARD OR 97223
1 S135CC-01400 2S102BB-0O500
SLAGLE JOHN D AND TOLLIVER KENNETH RAY&ALICE E
SORENSEN JANICE M 10200 SW KATHERINE ST
10305 SW MEADOW ST TIGARD OR 97223
TIGARD OR 97223
1 S 135CC-02700 1 S 135CC-03200
SLYTER ROBIN S AND SUSAN D TRUJILLO BERNARDINO&EVA C
10205 SW KATHERINE ST 10030 SW TIGARD ST
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-00500 1 S 135CC-02000
STOVER LAWRENCE W&SHARON A VALDEZ STEVEN M&
13432 SW 136TH PL KIMBERLY M
TIGARD OR 97223 10360 SW MEADOW ST
TIGARD OR 97223
1 S 135CC-01800 1 S 7 35CC-03500
SUDENGA CHARLENE M VONAHLEFELD PAUL
10300 SW MEADOW ST 10130 SW TIGARD ST
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-03000 1 S 135CC-00700
SWOPES BRET&LINDA S WATANABE OSAMU AND SUWAKO
13440 SW HOWARD DR 11770 SW TIEDEMAN AVE
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-01200 1 S 7 35CC-03600
SZYDLOWSKI DOROTHEA L WEBB ROBERT LEE
10365 SW MEADOW ST EDNA M
TIGARD OR 97224 10140 SW TIGARD
TIGARD OR 97223
2 102B6-008 2 1S135CC-01300
TI D TY OF ZWERLING ADAM J&
131 HALL CARDILLO DEBORAH A
T ARD O 97223 10325 SW MEADOW ST
TIGARD OR 97223
2S102BA-00302 1S135CC 02500
TIGARD INDUSTRIAL LLC ZWINGRAF JOSEPH R
11336 SW BULL MOUNTAIN RD#104 10265 SW KATHERINE ST
TIGARD OR 97224 TIGARD OR 97223
Jack Biethan MILES SCHLESINGER
11023 SW Summefield Dnve#4 11455 SW SHROPE COURT
Tigard, OR 97224 T I GARD. OR 97223
Brooks Gaston
10272 SW Meadow Street
Tigard, OR 97223
Don & Dorothy Erdt
13760 SW 121 st Avenue
Tigard, OR 97223
Ellen Bedstem ,
14630 SW 139th Avenue
Tigard, OR 97224
Martha Bishop
10590 SW Cook Lane
Tigard, OR 97223
Vanessa Foster ,
13085 SW Howard Drive
Tigard, OR 97223
Susan Beilke
11755 SW 114'� Place
Tigard, OR 97223
Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Patncia Keenns
12195 SW 121 st Avenue
Tigard, OR 97223
CITY OF TIGARD - CENTRAL CIT SUBCOMMITTEE (i\curpin\setup\labels\CIT Central doc) UPDATED November 27 2002
. .
GEOGR�PX C FORM�TION SYSTEM
AREA NOTIFIED
(500')
-----------------
FOR Miles Schlesinger
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13125 SW Hall Blvd
(l Tigard OR 97223
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Community Development Plot date Mar 11 2003 C trnagicWIAGIC03 APR
n
1
1S135CC 03900 2S102B8 00412
A ORD BU W CALCAGNO VICKI A
PAT I 10130 SW KATHERINE STREET
1018 IGARD ST TIGARD OR 97223
T ARD OR 7223
1S135CC 03700 1S135CC-0O600
ALFORD BURT W 8 PATRICIA M CHANEY CORALYN A
10180 SW TIGARD ST 11730 SW TIEDEMAN
TIGARD OR 97223 TIGARD OR 97223
1S135CC-03800 1S135CC 00300
ALFORD BURT W PATRICIA CHITTENDEN LLOYD A EVELY
10180 SW TIGARD ST 11600 SW TIEDEMAN AVE
TIGARD OR 97223 TIGARD OR 97223
2S102BB 00405 2S102BB 00100
BAKER HOWARD W DOROTHY M CRESS SCOTT B AND DANA B
12065 SW KAROL CT 9966 SW KATHERINE STREET
TIGARD OR 97223 TIGARD OR 97223
1S135CC 00800 1S135CC-00100
BOWSHER CHARLEY L DAY CHRISTINA L&ROGER W
LUCILLE N 10200 SW TIGARD ST
11820 SW TIEDEMAN TIGARD OR 97281
TIGARD OR 97223
2S10286 00402 2S102B8-00403
BRACK RICHARD J DORENE DEROSSO DAVID LEROY AND
14100 SW 98TH CT JOANNE SUSAN
TIGARD OR 97224 12015 SW KAROL CT
TIGARD OR 97223
2S1 o2BB-0o411 2S102BB-002o1
BRENNAN MABEL G FLEMING PASQUALINA TRUSTEE
12020 SW KAROL CT 10060 SW KATHERINE
TIGARD OR 97223 TIGARD OR 97223
2S 1026B-00409 1 S 135CD-09800
BRICKEY JUDY F FOSTER DEANNA K
12070 SW KAROL CT 9991 SW PIHAS CT
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-03300 1 S 135CC-01600
BROOKER FRED&HARRIETT GASTON BROOKS R&KRISTIN A
10060 SW TIGARD ST 10272 SW MEADOW ST
TIGARD OR 97224 TIGARD OR 97223
2S 1028B-00501 1 S 135CC-02800
BRUNO STEVE K HAMILTON DEWEY R M C
10240 SW KATHERINE ST 10175 SW KATHERINE
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-02900 2S 102BB-00600
HAMILTON JUDITH M METRO
17225 12TH AVE NW REGIONAL PARKS&GREENSPACES
SEATTLE WA 98177 600 NE GRAND AV
PORTLAND OR 97232
1S135CD 07400 1S135CC-01500
J&S CONCRETE INC NELSON BETTY JANE
18285 NE RIBBON RIDGE RD 10275 SW MEADOW ST
NEWBERG OR 97132 TIGARD OR 97223
1 S 135CC-00200 1 S 135CC-01700
JACKSON PAUL R O DOHERTY DENNIS AND
JACKSON SIMONE DENISE PAUWELS GIBBONS GERERDENE
10250 SW TIGARD ST 10270 SW MEADOW
TIGARD OR 97223 TIGARD OR 97223
2S102BB-00404 1 S135CC-00703
JOHNSON CLIFFORD A 8�CYNTHIA LE OLLISON RANDY L 8 CINDY
12045 SW KAROL CT 11100 SW 95TH
TIGARD OR 97223 TIGARD OR 97223
1S135CC 03100 1S135CB-00800
KRASAUSK PAUL& OREGON DEPT OF TRANSPORTATION
MACHARG JOE JR& RM/PROPERTY MANAGEMENT UNIT
TOTORICA CAROL E RAIL DIVISION
PO BOX 5931 555 13TH ST NE#3
BEAVERTON OR 97006 SALEM OR 97301
2S102BB-00410 1 S135CC-02600
KRAUSHAAR STEPHANIE E& PATRICK PAUL C
BEDNAREK CHRISTOPHER F JR KATHLEEN A
12050 SW KAROL CT 10235 SW KATHERINE ST
TIGARD OR 97223 TIGARD OR 97223
2S 102BB-00300 2S 7 028 B-00408
LARSON MARLENE D PURDY JOHN T
PO BOX 23634 12090 SW KAROL CT
TIGARD OR 97281 TIGARD OR 97223
1S135C8 00700 1S135CC-01900
MCCALL OIL PYLE ROY W&MARY LOUISE TRUSTE
CHEMICAL CORPORATION 10330 SW MEADOW
BY NED MCCALL TIGARD OR 97223
5480 NW FRONT AVE
PORTLAND OR 97210
1S135CC 04000 2S102B8-00406
MCCALL PROPERTIES INC REEVES PAUL M
BY NED MCCALL 12085 SW KAROL CT
5480 NW FRON AVE TIGARD OR 97223
PORTLAND OR 97210
1 S 135CD-01100 1 S 135CC-00702
MCCALL PROPERTIES INC RIFFEL ALLEN W&SUSAN A
BY NED MCCALL 11742 SW TIEDEMAN AVE
5480 NW FRONT AVE TIGARD OR 97223
PORTLAND OR 97210
1 S 135CC-03400 2S 1028A-003
SCHLESINGER STACEY TIG DUSTRIAL LLC
10120 SW TIGARD ST 113 LL MOUNTAIN RD#104
TIGARD OR 97223 T ARD OR 97224
2S102B8-00407 2 102BA 00301
SCHMASOW WALLACE I AND TIG D I STRIAL LLC
ANN MARIE 11336 ULL MOUNTAIN RD#104
12100 SW KAROL CT RD OR 24
TIGARD OR 97223
1 S 135CC-01400 2S 102B8-00500
SLAGLE JOHN D AND TOLLIVER KENNETH RAY&ALICE E
SORENSEN JANICE M 10200 SW KATHERINE ST
10305 SW MEADOW ST TIGARD OR 97223
TIGARD OR 97223
1 S 135CC-02700 1 S 135CC-03200
SLYTER ROBIN S AND SUSAN D TRUJILLO BERNARDINO&EVA C
10205 SW KATHERINE ST 10030 SW TIGARD ST
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-0O500 1 S 135CC-02000
STOVER LAWRENCE W&SHARON A VALDEZ STEVEN M&
13432 SW 136TH PL KIMBERLY M
TIGARD OR 97223 10360 SW MEADOW ST
TIGARD OR 97223
1 S 135CC-01800 1 S 135CC-03500
SUDENGA CHARLENE M VONAHLEFELD PAUL
10300 SW MEADOW ST 10130 SW TIGARD ST
TIGARD OR 97223 TIGARD OR 97223
1 S 135CC-03000 1 S 135CC-00700
SWOPES BRET&LINDA S WATANABE OSAMU AND SUWAKO
13440 SW HOWARD DR 11770 SW TIEDEMAN AVE
TIGARD OR 97223 TIGARD OR 97223
1S135CC 01200 1S135CC-03600
SZYDLOWSKI DOROTHEA L WEBB ROBERT LEE
10365 SW MEADOW ST EDNA M
TIGARD OR 97224 10140 SW TIGARD
TIGARD OR 97223
2 102B8-008 2 1S135CC-01300
TI D TY OF ZWERLING ADAM J 8
131 HALL CARDILLO DEBORAH A
T ARD O 97223 10325 SW MEADOW ST
TIGARD OR 97223
2S102BA 00302 1S135CC-02500
TIGARD INDUSTRIAL LLC ZWINGRAF JOSEPH R
11336 SW BULL MOUNTAIN RD#104 10265 SW KATHERINE ST
TIGARD OR 97224 TIGARD OR 97223
Jack Biethan
11023 SW Summerfield Dnve#4
Tigard, OR 97224
Brooks Gaston
10272 SW Meadow Street
Tigard, OR 97223
Don & Dorothy Erdt
13760 SW 121 st Avenue
Tigard, OR 97223
Ellen Beilstein
14630 SW 139th Avenue
Tigard, OR 97224
Martha Bishop
10590 SW Cook Lane
Tigard, OR 97223
Vanessa Foster
13085 SW Howard Dnve
Tigard, OR 97223
Susan Beilke
11755 SW 114th Place
Tigard, OR 97223
Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Patncia Keenns
12195 SW 121st Avenue
Tigard, OR 97223
CITY OF TIGARD - fENTRAL (IT SUBCOMMITTEE �i\curpin\setup\labels\CIT Central doc) UPDATED November 27 2002
CITY OF TIGARD
COMMUNITY DEYELOPMENT DEPARTMENT
PLANNING DIVISION CfTYOFTIGARD
13 I 25 SW HALL BOULEYARD �'ommunity�Development
TIGARD, OREGON 91223 ,S(rapingABctterCommunity
PHONE: 503-639-4171 FAX: 503-684-1291 (Attn: Patty/Planning)
° Q 0 ° 00 00 ° °,0 °� 0 ° ! �� �
Property owner information is valid for 3 months from the date of your request
INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1s134AB, Tax�ot 00100) OR THE
ADDRESSES FOR ALL PROJECT PARCELS BELOW:
!0l2o Sw i��.�� I5/3SGGo3Ko0 � l�dBS 5�.✓ !<wk,�r.,� 15135C� o3��
�0�35 Sw /���r� IS/3S�oz000
INDICATE WHETHER YOU ARE REQUESTING 1, 2 OR 3 SETS OF LABELS: �
(NOTE: A minimum of 2 sets of labels will be provided (unless only holding a neighborhood meeting at this time)to place on
your 2 sets of envelopes that applicants are required to submit at the time of application submittal. If a neighborhood
meeting is required and you have not yet held that meeting, you can request 3 sets provided your land use application will be
submitted and deemed complete by the Planning Division within 3 months from this request.) �,�,��
.�
�,'���`e5 Sc-���ES16�:=c%.(� PHON�E�3 �b�'�0�jC1 ��s ���'� 'd��'�
NAME OF CONTACT PERSON:
This request may be mailed, faxed or hand delivered to the City of Tigard. lease allow a
2-day minimum for processing requesfs. Upon compl,etion of y,our request, the contact person will be
called to pick up their request that will be placed in Will CaIP 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: BY THE C T�Y VS RE TYPED MAIL�ING LABEL�S WILLABE ACCEPTED.PROVIDED
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 rint one set of labels b the number of sets r 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 e� se s=� �
2 sheets of labels x$2/sheet for CIT area x 2 sets=$ 4.00 �sheet(s)of labels x$2/sheet for CIT area=�x_sets=
GENERATE LIST =$11.00 � GENERATE LIST =
TOTAL =$31.00 ��,� TOTAL ��
�- � PRE,APP HELD Bl�
CITY OF TIGARD PLANNING DIVISION
13125 SW HALL BOIDLEVARD TIGARD, OR 97223-8189
503 639 4171/503 684 7297
CITY OF TIOARD
OREGON LAND USE PERMIT APPLICATION
Fde# �� a�0�°��,a Other Case#
Date B Recei t# Date A lication Com lete
TYPE OF PERMIT YOU ARE APPLYING FOR
❑Ad�ustmenWariance(I or II) �Minor Land Partition (II) ❑Subdivision (II or III)
❑ Comprehensive Plan Amendment(IV) ❑ Mmor Modification (I) ❑Zone Change(III)
❑ Conditional Use (III) ❑ Planned Development(III) �.Zone Change Annexation (IV)
❑ Historic Overlay(II or III) ❑ Sensitive Lands Review(I II or III) ❑Zone Ordinance Amendment(IV)
❑ Home Occupat�on (i or il� ❑ S�te Dere��prr�nt Revizw(II)
�Miscellaneous (I)-(Lot Line Ad�ustmenUTemporary Use/Tree Removal/Director's Interpretation etc)
ress i avai a e
tocao sW�t'��Rp sT �1'��9 r� ��a�3 1s1�5 c.co3�(o0
�.E��v,c�- �» ��1�1�N LbTs ���C � o a� s ��
a� � $o rz- .,�
�
S v���.S Sc,�v�.s c t� �o� ST G S�N�S I �IC�E
�l�-5 5 S w � �t R,e P E Cbt��, �tc�R R� ��aa3• �p� I
5�3 �6�6 b5 0 o So3 • 6�Q � $ �g�
s V�n�L�s s ��t�-�,s �N�c� 583 � q6$ � �S�D
�s i more an one ^
��_ �I l��
�lZ� ����..� �
���-Cp2c7
"When the owner and the applicant ar different people the applicant must be the purchaser of record or a lessee m
possession with written authonzation from the owner or an agent of the owner The owners must sign this application m the
s ace rovided on the back of this form or submit a written authorization with this a lication
ease e speG�c
APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET
\.
THE APPLICANT SHALL CERTIFY THAT
♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the
terms and sub�ect 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 critena,
and understands the requirements for approving or denying the application(s)
SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED
Y�-iti, r 1 I 11&� � c� O Z.
Owner's Signature Date
� �d �� �
Owner's Signa re Date
Owner's S�gnature Date
Owner's S�gnature Date
� _ --
Owner's S�gnature Date
,
Appl�cant/Agent/Representative's Signature Date
Applicant/Agent/Representative's Signature Date
i
CITY OF TIGARD
Commumty�DeveCopment
Shapmg A Better CommunTty
LAND USE PROPOSAL DESCRIPTION
120 DAYS = 7/17/2003
FILE NO MINOR LAND PARTITION (MLP) 2002-00012
FILE TITLE SCHLESINGER PARTITION
APPLICANT Miles Schlesinger OWNER Stacy Schlesinger
11455 SW Shrope Court 10120 SW Tigard Street
Tigard, OR 97223 Tigard, OR 97223
REQUEST The applicant is requesting Minor Land Partition approval to partition one (1) existing
20,943 square foot lot into two (2) parcels for detached single-family residences An
existing single-family dwelling exists on the sub�ect parcel and is proposed to remain on
Parcel #1 in compliance with all setback requirements
LOCATION 10120 SW Tigard Street, WCTM 1S135CC, Tax Lot 3400
ZONE R-4 5 Low-Density Residential Distnct 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 Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715,
CRITERIA 18 745, 18 765, 18 790, 18 795 and 18 810
CIT AREA Central CIT FACILITATOR List Avadable Upon Request
DECISION MAKING BODY BELOW ❑ TYPE I � TYPE II ❑ TYPE III ❑ TYPE IV
DATE COMMENTS WERE SENT MARCH 21, 2003 DATE COMMENTS ARE DUE APRIL 4, 2003
❑HEARINGS OFFICER [MONJ DATE OF HEARING TIME 100PM
❑PLANNING COMMISSION [MONJ DATE OF HEARING TIME 100PM
❑CITY COUNCIL [TUESJ DATE OF HEARING TIME 130 PM
�STAFF DECISION RENTATIY� DATE OF DECISION APRIL 25, 2003
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
� VICINITY MAP ❑ HYDRAULIC CALCS � ARBORIST REPORT
� SITE PLAN ❑ UTILITY PLAN ❑ IMPACT STUDY
� NARRATIVE ❑ GRADING PLANS � OTHER
STAFF CONTACT Morgan Tracy, Associate Planner (503) 639-4171, Ext 2428
�
��� �� ��� �
������
March 19, 2003
Miles Schlesinger
11455 SW Shrope Court
Tigard, OR 97223
RE Notice of Complete Application Submittal— MLP2002-00012
Dear Mr Schlesinger
Staff has received the information necessary to begin the review of your
proposal The estimated time for rendering a decision from the date an
application is deemed complete is 5-6 weeks
If you have any questions regarding your application, please don't hesitate to
contact me at (503) 639-4171 ext 2428
Sincerely,
� �� -
�- �r�
Morgan Tracy
Associate Planner
\\tig333\usr�depts\curpin�rnorgan\workspace\mlp\mIp2002 00012(schlesinger)\mlp 2002-00012 letter of completeness doc
c MLP 2002-00012 Land Use file
13125 SW Hall Blvd Tigard OR 97223 (503)639-4171 TDD (503)684-2772
- �V
December 4, 2002 CITY OF TIGARD
Miles Schlesinger OREGON
11455 SW Shrope Court
Tigard, OR 97223
RE Letter of Incompleteness, Schlesinger Partition, Casefile No MLP 2002-0012
Dear Mr Schlesinger
Staff has had an opportunity to review your application submittal While many of
the necessary materials were included in your application, there remain several
items that require either clarification or are missing These are listed below
1 Finalize the Lot Line Ad�ustment
You will need to record the approved Lot Line Ad�ustment and provide
evidence to the City that the county has recorded said ad�ustment
2 Deed/Title/Proof of ownership Include a copy of your deed or title
3 Preapplication conference notes Include a copy of your preapplication
notes from the August 29, 2002 meeting with your resubmittal
4 Tree inventory/mitigation/protection plans I note in one set of plans that
at least one tree is proposed for removal You will need to provide a list of
the trees on the site (that are larger than 12 inches in diameter), their size
(diameter measured at 4 feet above ground), and whether or not they are
proposed for removal (includmg future removal for home construction)
For those trees removed, mitigation replanting may be required,
depending on the percentage of 12" and larger trees that will be removed
For those trees that will remain, a plan for their protection is required
Typically, this is prepared by an arborist, and includes measures for tree
protection fencing located at the tree's dripline We will assume that all
trees are healthy, unless you submit an arborists report documenting that
their condition is unhealthy or unsafe For trees that are dead, dying,
diseased, or dangerous, no mitigat�on or protection is required
5 Narrative A written narrative addressing the approval criteria of Chapters
18 420, 18 510, 18 705, and 18 810 You have included a statement
which satisfies the requirement for an impact study, but the remainder of
the approval criteria have not been addressed
13125 SW Hall Blvd Tigard, OR 97223(503)639�171 TDD(503)684-2772
�
• I..
6 Utility Feasibility The preliminary utility plans seem like they should be
able to serve the two new lots on Katherine Street, but it is not clear
whether the new lot on Tigard will have adequate depth to utilities in order
to serve with a gravity fed system Either include a profile that shows how
this lot can be served, or describe in more detail the depth of the utilities,
and specifically how that lot would be served
7 20 Complete Sets of Revised Materials Please submit 20 full sets of your
application materials, including the material already submitted Make sure
that all over-sized plans are folded to 8 '/2 by 11" size, and that the
material has been collated into sets
Should you have any questions with regard to these items, please feel free to
contact me at 503-639-4171, extension 2428
Sincerely,
� `��
Morgan Tracy
Associate Planner
C MLP2002-00012 Land Use File
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_ v �____ _� __� __ � ----- AG—REEMENT - - — - - -
This agreement(the"Agreement")is made effective as of October��2002,by and
between Stacy Schlesinger, Bret Swopes, Paul Krasausk and Joe Macharg,Jr of Portland,
Oregon
RECITALS
Stacy Schlesinger ("Party A") desires to acquire certain easements for sewer,
stormwater and roadway construcrion purposes across propertres owned by Bret Swopes
("Party B") and Paul Krasausk and Joe Macharg,Jr (together,"Party C") Parties B and C
desire to develop each of their respectrve propertres into two 7500 square foot lots each
Parhes B and C have agreed to grant Party A easements for sewer,stormwater and
road constructron purposes, in exchange for grants of property
The parhes therefore agree as follows
AGREEMENT
Section 1 Grant of Easements
1 1 Easements Partres B and C agree to grant Party A easements for sewer,
stormwater and roadway construchon access, consistent with the attached Exhibit A, in
exchange for and in consideration of the real property described in Section 2, below
12 Survey Party A agrees to arrange for a land survey of all three parcels, to
be completed no later than October 1,2002 At that trme,the parties will agree on the exact
locations of the easements,based on the results of the survey The final easements will be
prepared and recorded no later than February 1, 2003 The parties agree to bear the cost
of the survey as follows
----�—,
�
1 - AGREEMENT SS BS PK JM
__`�=L�.;,Y�R—I�� � S�'°�vsY�:`°6�N,r"`a�'��'s,.+�"���'r" ,��a.,.��j . .. ..._ � y� Y ti ..-
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---- P-arty A- —33-°10
Party B 33%
Party C 33%
Section 2 Grant of Property, Lot Line Ad�ustments,Partition
21 Grant of Property All three parcels are located in an area zoned R-7 5
residential, requiring lot sizes of at least 7500 square feet Parcels B and C are currently
15,000 square feet each Parties B and C wish to parhrion their each of their parcels into
two lots of 7500 square feet each The roadway easement granted to Party A will reduce the
square footage available for partitroning, however Therefore, in exchange for and in
consideration of the easements,Party A shall execute,acknowledge,and deliver to parhes
B and C Statutory Warranty Deeds conveying real property consistent with the description
in the attached Exlubit A,sufficient to allow Parcels B and C to be part�tioned into two lots
each of 7500 square feet The final descript�on of the property to be deeded will be agreed
upon no later than February 1, 2003, following the survey of the property referred to in
Sechon 1 2 above
2 2 Lot Line Ad�ustments and Partition
Party A will adjust the lot line of Parcel A and file the appropriate partrtion
application to create two lots of 9,000 square feet consistent with the attached Exhibit A
Party A will bear the costs of tYus lot line ad�ustment and partitron
Party B will ad�ust the lot line of Parcel B and file the appropriate partition
application to create two lots of 7,500 square feet consistent with the attached Exlubit A
Party B will bear the costs of tl�us lot line ad�ustment and parhtion
Party C will ad�ust the lot line of Parcel C and file the appropriate partition
application to create two lots of approximately 7,500 square feet consistent with the
attached Exhibit A Party C will bear the costs of this lot line ad�ustment and partition
¢� P�
2 - AGREEMENT SS BS PK JM
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--��--Section 3 Sewer;Stormwater and-Roadway-Design,Construction and Maintenance - - - -
31 Design Party A, or her designees, shall be responsible for designing and
construchng the sewer, stormwater utility and roadway as described on the attached
Exhibit A Partres B and C will have the opportunity to comment on and consent to the
design of the sewer, stormwater utility and roadway Such consent shall not be
unreasonably withheld
3 2 Pre-Construction Access Parties B and C grant to Party A and her agents
the right to enter on Parcels B and C at any reasonable times for the purpose of conducting
tests or studies in furtherance of the design and construct�on of the sewer, stormwater
utility and roadway Parties B and C shall reasonably cooperate with Party A in making
such tests and studies
3 3 Construction Access Parties B and C grant to Party A and her agents the
right to enter on Parcels B and C at any reasonable times for the purpose of constructrng
the sewer, stormwater utility and roadway
3 4 Roadway and Sewer and Stormwater Construchon Costs The parties agree
to bear the costs of the roadway,sewer and stormwater design and construction as follows
Party A 50%
Party B 25%
Party C 25%
3 5 Roadway Maintenance The parhes agree that all lots bordering the roadway
shall include deed restrictions allotting the following responsibility for road�vay
maintenance costs
Party A's two lots 25 % each (for a total of 50%)
Party B's lot 25 %
Party C's lot 25%
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3 - AGREEMENT SS BS PK JM
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Section 4-�'Terminafion for ause - � ---- - " — --- - - - -- --� �"---
Party A will provide firm estimates of the total cost for surveying the parcels,
desigrung and constructing the sewer, stormwater utility and roadway no later than
December 30, 2002 If these costs exceed$18,000 per party, than any party may terminate
this agreement upon proper written Nohce provided within 10 days of receipt of the
estimate
If the construction of the sewer,stormwater uhlity and roadway is not complete by
September 30, 2003, then any party may terrrunate this agreement upon proper written
Notice mailed no later than October 10, 2003
Section 5 Warranties and Representations of Party A
51 Warranties Party A warrants and represents to Parties B and C that the
following matters are true and correct, and will be true and correct at the time that all
actions contemplated by this Agreement and the easements described in Sect�on 1 1 and
the grants of property described in Section 21 are recorded
511 Ownership Ms Stacy Schlesinger("Party A")owns the real property
described as Parcel A on Exhibit A attached hereto,together with all improvements
situated on it T1�us real property and improvements,together with all other rights,
hereditaments,and tenements appurtenant to the real property and improvements,
are collectively referred to herein as "Parcel A "
51 2 No Condemnation or Assessment Proceedings There is no pending
or threatened condemnation or similar proceeding or assessment affectrng Parcel
A, or any part of it and, to the knowledge of Party A, no such proceeding is
contemplated by any governmental entity
51 3 Litigation, Law There is no litigation,arbitration, or administrative
hearing pending before any governmental authority that concerns or affects Parcel
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� - AGREEMENT SS BS PK JM
ARBORIST
REPORT