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MLP2002-00009 . , NOTtCE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2002-00009 CITY OF TIGARD HULTQUIST PARTITION Commuraty�Dever��n� Shap►rrg f7 BetterCommuraty 120 DAYS =3/27/2003 SECTION I APPLICATION SUMMARY FILE NAME HULTQUIST PARTITION CASE NO Minor Land Partition (MLP) MLP2002-00009 PROPOSAL The applicant is requesting a Minor Land Partition to partition one (1) existing 72,293 square foot lot into two (2) parcels for detached single-family residences An existing single-famdy dwelling exists on the sub�ect parcel and is proposed to remain on Parcel #1 in compliance with all setback requirements APPLICANT Larry Hultquist OWNER Larry Hultquist 14125 SW Fem Street 14125 SW Fern Street Tigard, OR 97223 Tigard, OR 97223 ZONING DESIGNATION R-7 Medium-Density Residential District The R-7 zoning district is designed to accommodate attached single-famdy homes, detached smgle-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet Mobde home parks and subdivisions are also permitted outright Some civic and institutional uses are also permitted conditionally LOCATION 14125 SW Fern Street, WCTM 2S104BC Tax Lot, 00700 PROPOSED PARCEL 1 19,499 Square Feet PROPOSED PARCEL 2 52,794 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 C�rculation), 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 It 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 �n Section V NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 1 OF 17 1 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT u mit to t e ngineering epartmen organ racy, , ext or review an approval 1 The applicant shall certify his acknowledgement that future budding on Parcel #2 will be in compliance with setback requirements based on the shadow plan submitted with this application This shall mean that a home or accessory structure cannot be budt across the future property lines, or withm the future street alignment This requirement shall be binding on all owners and their assigns of Parcel #2 2 The applicant/owner shall submit and record a reciprocal access and maintenance easement for the access servmg Parcel #2 for review The access easement shall reflect a 1oint access for Parcels#1 and #2 to SW Fem Street If the existmg driveway is not utilized for the �oint access, the existing driveway entrance shall be abandoned once the new driveway is constructed Submit to the Engineering Department (Brian Rager, 639-4171, ext 2471) for review and approval 3 Prior to approval of the final plat, the applicant shall pay an addressmg fee in the amount of $30 00 (STAFF CONTACT Shirley Treat, Engineering) 4 The final plat shall show that there wdl be a right-of-way dedication on Fem Street to provide 27 feet from the centerline 5 The applicant shall execute a Restnctive Covenant whereby they agree to complete or participate in the future improvements of SW Fem 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 �mprovements are part of a larger pro�ect to be financed or paid for in whole or m 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 shanng 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 �n con�unction with construction of improvements by others ad�acent to the sub�ect site 6 The final plat shall show an ingress/egress easement across Parcel 1 for benefit of Parcel 2 7 The applicant shall either place the existing overhead utdity Imes along SW Fern Street underground as a part of this pro�ect, or they shall pay the fee m-lieu of undergrounding The fee shall be calculated by the fronta�e of the site that is parallel to the utdi� lines and wdl be $27 50 per lineal foot If the fee option is chosen, the amount will be $5,693 0 and it shall be paid prior to approval of the final plat 8 The applicant's final plat shall contain State Plane Coordmates on two monuments with a tie to the City's global positionmg system (GPS) geodetic controi nefinrork (GC 22) These monuments shall be on the same Ime and shall be of the 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 gnd 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 NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 2 OF 17 9 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 Plannmg/En�meering Permit Technicians, at (503) 639-4171, ext 2421) C The final pla and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92 05), Washington County, and by the City of Tigard D The ri ht-of-way dedication for SW Fem Street shall be made on the final plat E NOT� Washington County wdl not begin their review of the final plat untd they receive notice from the Engineering Department indicatmg that the City has reviewed the final plat and submitted comments to the applicanYs surveyor F After the City and County have reviewed the final plat, submit finro mylar copies of the final plat for City Engmeer signature (for part�tions), or City Engineer and Community Development Director signatures (for subdivisions) THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS u mit to t e ngineering epartment organ racy, , ext or review an approval 10 Prior to issuance of buddmg permits for Parcel #2, the applicant/owner shall provide a site plan that indicates screernng for fhe proposed access dnveway from the abutting property 11 Pnor to issuance of budding permits for Parcel #2, the applicant/owner shall provide documentation from Tualatin Valley Fire and Rescue �TVF&R)that indicates that adequate water pressure is avadable for fire suppression and that fire ydrants are avadable within 500 feet of the proposed dwellmg 12 Prior to issuance of budding permits for Parcel #2, the applicant/owner shall provide a drive that conforms to the tum-around and turnout requirements of Tigard Development Code (TDC) Section 18 705(4) 13 Prior to issuance of buddmg permits for Parcel #2, the applicanUowner shall provide a site plan that shows street trees for the pnvate access drive These trees shall be installed prior to final budding mspection The applicant shall be required to execute a restrictive covenant for future street improvements along SW Fem Street which wdl mclude planting of street trees along that frontage 14 Prior to issuance of a budding permit, the applicant shall mstall tree protection fencing around the three existmg 12 mch diameter and larg er trees at their dnpline The City Forester shall verify that measures have been properly installed before any construction activity occurs 15 The 264 caliper inches of repianted trees shall likewise be protected from damage or removal Should any of these trees be damaged or removed, the applicant shall eifher replant a replacement tree of equal size, or pay the fee in-lieu of mitigation 16 If the tree protection guidelines are not followed, moved after being approved m the field, knocked down durmg construction, or are removed pnor to the end of construction then A The pro�ect will be immediately shut down untd the fencing is reinstalled according to the conditions of approval, B Each impacted tree shall be bonded for seven years in the amount of$5,000 per tree, C Corrective action, includmg but not limited to loosening compacted sod, replacmg graded sods, or removing filled soil, shall be undertaken by the applicant to address the damage done in the critical root zone of each tree, and D A fine of $250 per day shall be assessed to the applicant following wntten notification of the violation, untd such time that the tree protection measures are reinstated NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 3 OF 17 17 Addresses shall be posted for dwellings on Parcels #1 and #2 at the front of the accessway at the street prior to final building inspection 18 Final budding inspection shall not occur untd the screening and accessway trees have been installed as required by Condition 13 Submit to the Engineering Department (Brian Rager, 639-4171, ext 2471) for review and approval 19 Pnor to issuance of budding permit, or a future land use approval on Parcel 2, the applicant shail provide the Engineenng Department with a "photomylar' copy of the recorded final plat THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION SECTION III BACKGROUND INFORMATION Pro ert Histo The su ect parcel was recently annexed into the City of Tigard The property is designated Medium Density �esidential on the Tigard Comprehensive Plan and Zoning Map No other land use approvals were found to be on file Site Information and Pro osal Descn tions The sub�ect property is approximate y 72,294 square feet and slopes steeply away from the Fern Street nght-of-wa The site has approximately 207 feet of frontage on SW Fern Street The owner is proposing �o part�tion one additional lot from the northem portion of the sub�ect site as indicated on the proposed partition plat Parcel #1 (19,499 square feet) includes an existing dwellmg that is proposed to remain, m compliance with resent setback requirements Parcel #� is a 52,794 square foot undeveloped lot which will be �he sub�ect of a future subdivision, once road and utdity access is made avadable from abutting properties 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 providmg them an opportunity to comment One email was received from a neighbor of the proposal inquiring about the status of the tree removal violation that occurred in October 2001 That violation was remedied by replanting an equivalent number of caliper inches, but the neighbor wanted to ensure that these newly planted trees will not be removed as part of this partition request A condition to that effect wdl be imposed, refer to the discussion under Section 18 790, below SECTION V APPLICABLE REVIEW CRITERIA AND FINDINGS Land Partitions (18 420) The proposed part�tion complies with all statutory and ordinance requirements and regulat�ons, The proposed partition complies or can be made to comply with all statutory and ordinance requirements and regulations as demonstrated by the analysis contamed 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, NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 4 OF 17 Public facdities are discussed m detad later in this decision under Chapter 18 810 (Street & Utdity Improvement Standards) Based on the analysis provided herem, Staff finds that adequate public facdities are available to serve the proposal Therefore, this critenon is met All proposed improvements meet C�ty and applicable agency standards, and The public facdities and proposed improvements are discussed and conditioned later in this decision under Chapter 18 810 (Street & Utdity Improvement Standards) Improvements will be reviewed as part of the permit process and during 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 requirement of the applicable zoning district The mmimum lot width required for the R-7 zoning distnct is 50 feet Parcel #1 is 207 feet m width and Parcel #2 is 170 feet wide Therefore, this standard has been met The lot area shall be as required by the applicable zoning district In the case of a flag lot, the accessway may not be included in the lot area The minimum lot area requirement m the R-7 zonin distnct is 5,000 square feet for detached smgle- famdy units The proposed partition creates finro �2) lots that are 19,499 and 52,794 square feet respectively This critenon 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 legaily recorded m�nimum 15 foot wide access easement The proposed partition plat dlustrates that the rear (non-frontage) lot wdl be accessed via a 20-foot wide access and utdity easement This criterion is met Setbacks shall be as required by the applicable zonmg district Setbacks for the R-7 zoning district are as follows front, 15 feet, side, 5 feet, street side, 10 feet, and rear, 15 feet The existing house on Parcel #1 is proposed to remam This new dividing property line wdl be situated a mmimum of 20 feet from the structure and 5 feet from the accessory structure Other setbacks are irrelevant, as no changes to these property lines are being proposed, and if in non compliance are considered non-conforming The setbacks of the R-7 zone are met for the existing house When the partitioned lot is a flag lot, the developer may determine the location of the front yard, prov�ded that no side yard �s less than 10 feet Structures shall generally be located so as to maxim�ze separation from existing structures This determmation wdl be made at time of budding permit for Parcel #2 Also, as mentioned previously, it is the applicants intent to further subdivide the property, with the new lots all having frontage on a new public street A screen shall be prov�ded along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an a6utting lot in accordance w�th Sections 18 745 040 Screen�ng may also be required to maintain prrvacy for abutting lots and to provide usable outdoor recreation areas for proposed development A screen wdl be required as a condition of approval, and wdl be required to be installed as part of the buddmg permit approval for the dwelling on Parcel 2 The fire distnct may reqwre the mstallation of a fire hydrant where the length of an accessway would have a detrimental efFect on fire-fight�ng capab�l��les NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 5 OF 17 The fire distnct (NFR) has reviewed the proposal and notes that an additional fire hydrant may be required if any portion of the dwelimg is further than 500 feet from the existmg fire hydrant The proposed access road is 133 feet and could be longer depending on the location of the new house A condition will be imposed to ensure that adequate fire hydrants are available Where a common dnve 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 The proposed access drive will be required to be consolidated with the access to Parcel 1, therefore a reciprocal easement wdl also be required 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 re4uire 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 pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan The partitioned lots are not withm 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 th�s chapter shall be made in accordance with Chapter 18 370, Var�ances and Ad�ustments The appl�cations for the partition and var�ance(s)/ad�ustment(s) will be processed concurrently No vanances or ad�ustments have been submitted with this application Therefore, this standard does not apply Residentiai Zoning Districts (18 510) Development standards in residential zoning distncts are contained in Table 18 510 2 below TABLE 18 510 2 -(Cont'd DEVELOPMENT STANDARDS IN RESID NTIAL ZONES STANDARD� - ; �� r`�-� ��: ;,�� " � �' �R=7� �"�,�;._-��,z�� Parcel 9m � ,.�� Parcel 2,�=�-�� Mmimum Lot Size -Detached unit 5 000 sq ft 19,499 sq ft 52,794 sq ft -Duplexes 10 000 sq ft -Attached unit 5,000 s ft Average Mirnmum Lot Width -Detached urnt lots 50 ft 207 ft 170 ft -Duplex lots 50 ft -Attached unit lots 40 ft Maximum Lot Covera e 80°/a -15% Can be met Mirnmum Setbacks -Front yard 20 ft 37 ft Can be met -Side facing street on comer&through lots 15 ft N/A N/A -Side yard 5 ft 5 ft Can be met -Rear yard 15 ft 30 ft Can be met -Side or rear yard abuttmg more restrictnre zonmg district - N/A N/A -Distance between property line and front of garage 20 ft Side Loaded Can be met -Side Yard Setbacks for Fla Lots DC 18 420 050 A 4 e 10 ft N/A Can be met Maximum Hei ht 35 ft 18 ft Can be met Minimum Landscape Requirement 20% -85% Can be met NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 6 OF 17 A minimum lot size of 5,000 square feet is required for each lot The proposed lot sizes of 19,499 and 52,794 square feet meet this standard Parcel #1 contams a smgle-famdy dwelling that complies with the required R-7 setbacks Parcel #2 is currently vacant A drainfield easement will lie on a portion of Parcel #2, Parcel #2 wdl be required to connect to sewer at the time of building permit issuance Future development will be reviewed through the building permit process to ensure compliance with the R-7 development standards Setback standards, required by Table 18 510 2 will apply to all future development of the proposed lots Access, Egress and Circulation (18 705) Continuin� obli�ation of property owner The provisions and maintenance of access and e ress stipulated in this title are continuing requirements for the use of any structure or parcel o� real property in the City There are reciprocal access agreements necessary for adequate access to proposed Parcel 2 Owners of each parcel wdl be under the obligation to provide and mamtain access to their own property Specific maintenance provisions wdl be specified in the access easement agreement to be recorded with the partition plat This provision wdl be met by the imposition of a condition Access Plan requirements No building or other permit shall be �ssued until scaled plans are presented and approved as provided by this cha�ter 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 submiss�on requirement The applicant has provided a site plan showmg a 20-foot-wide accessway for access, egress and circulation for Parcel #2 The proposed driveway servmg Parcel #1 is also shown To reduce the number of dnveway approaches onto SW Fem, a neighborhood route, a Joint access wdl be required Jo�nt Access 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 piaced on permanent file with the G�ity Whde an access easement is proposed across Parcel#1, it is not proposed to�ointly serve both parcels However, to reduce the number of access points onto SW Fem, a �oint access wdl be required A reciprocal access and mamtenance agreement wdl be required to be recorded as part of the partition plat recording Access Management Section 18 705 030 H 1 states that an access report shall be submitted with all new devefopment proposals which verifies design of driveways and streets are safe by meeting adequate stackm� needs, sight distance and deceleration standards as set by ODOT, Wash�ngton County, the City and AASHTO Because a Joint dnveway wdl be required, no new driveways will be created for this partition Parcel 2 may be further subdivided in the future at which time this criterion wdl need to be addressed if the driveway is relocated, then an access report shall be required prior to issuance of the PFI permit Sect�on 18 705 030 H 2 states that drrvewa�s shall not be perm�tted to be placed in the influence area of collector or arterial street intersections Influence area of�ntersections is that area where queues of traffic commonly form on approach to an mtersection The minimum driveway setback from a collector or arterial street mtersection shall be150 feet, measured from the r�ght- of-way Ime 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 poss�ble or practical, the dnveway shall be placed as far from the intersect�on as possible There are no collector or artenal street mtersections within 150 feet of this site NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 7 OF 17 Sect�on 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 min�mum spacing of local streefs along a local street shall be 125 feet No new local residential streets wdl be created by this partition Public street access All vehicular access and egress as required in Sections 18 705 030H and 18 705 0301 shail connect directly with a public or prrvate street approved by the City for publ�c use and shall be maintained at the required standards on a continuous basis Ali proposed parcels wdl have access to SW Fern Street, a public street The 20-foot-wide accessway satisfies the 15-foot access width w�th a minimum of 10 feef of pavement required for up to 2 dwelling units per the dimensional standards m TDC Table 18 705 1 Minimum access requirements for residential use Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code This standard will be addressed under the "Agency Comments" section later m this decision Access dnves 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 134 feet in length An additional 20 feet will be required to traverse the front yard setback area on Parcel #2, for a total minimum len th of 154 feet The applicant/owner wdl be required to construct a turn around to the aforementioned s�andards at the time of buddmg permit FINDING Based on the analysis above, Staff finds the Access, Egress and Circulation Standards have not been met Demonstration of compliance will 6e assured through the budding permit review CONDITIONS . Prior to issuance of budding permits for Parcel #2, the applicant/owner shall provide a site pian that indicates screening for the proposed access driveway from the abutting property . Pnor to issuance of buddin permits for Parcel #2, the applicant/owner shall provide documentation from Tuala�in Valley Fire and Rescue that indicates that adequate water pressure is avadable for fire suppression and that fire hydrants are avadable withm 500 feet of the proposed dwelling . Prior to issuance of budding perm�ts for Parcel #2, the applicant/owner shall provide a dnve that conforms to the tum-around and turnout requirements of TDC Section 18 705(4) . Pnor to final plat approval, the applicant/owner shall submit and record a reciprocal access and maintenance easement for the access serving Parcel #2 for review The access easement shall reflect a �oint access for Parcels#1 and #2 to SW Fern Street If the existing driveway is not utdized for the �oint access, the existing driveway entrance shall be abandoned once the new dnveway is constructed To provide for increased tra�c movement on congested streets and to eliminate turn�ng movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adJ acent streets, upon the finding that the proposed access would cause or increase existing hazardous traffic conditions, or provide inadequate access for emergency vehicles, or cause hazardous conditions to exist which would � constitute a clear and present danger to the public health, safety, and general welfare NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 8 OF 17 As SW Fem Street is desi nated a Neighbofiood Route, mirnmizing the number of dnveways entering the street is m the public in�erest and�promotes safety and general welfare The applicant's plans show a second driveway access for Parcel#2 through an easement across Parcel #1 Parcel #1 is served by a separate existing dnveway To reduce the number of dnveways, one �oint access has been conditioned previously in this decision Density Computations (18 715) A Definit�on 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 legal descrip�ion of the property to be developed 1 All sensit�ve land areas 2 All land dedicated to the public for park purposes, 3 All land dedicated for pu6lic ri hts-of-way 4 All land proposed for private s�reets and 5 A lot of at least the size required by�he applicable base zoning district, �f an existing dwell�ng is to remain on the site B Calculating maximum number of residential units To calculate the maximum number of res�dentiaf 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 distr�ct C Calculating minimum number of residential units As required by Section 18 510 040, the minimum number of residential units per net acre shall be calculated b multiplying the max�mum number of units determined in Subsection B above by 80% (0 8� The standards for density computation address the intensity of residential land uses, typically expressed as the number of housing units per acre The total square foota�ge of the sub�ect property is 72,293 There are no sensitive land areas within the sub�ect proposal F-Towever, to determine the net developable area for purposes of the subsequent subdivision, the square footage to accommodate the existing house on Parcel #1 (rou hly 12,000 square feet is subtracted from the calculation as well as an assumed 20% of the s�e �14 458 square feet� for creation of street rights-of-way This results in a net developable area of 5,$35 square feet s the minimum lot size for the R-7 zone is 5,000 square fee�, the maximum num6er of additional residential units (single-family or dup lex) is nine plus the existing house The minimum num�er of additional lots required is seven The proposed partition wdl only be creating finro lots, however, a sha ow p an has been submitted that shows how the additional density can be accommodated when SW Walnut Lane is extended FINDING Based on the analysis above, the Density Computation Standards have not been met CONDITION To preserve the abdity for future division of Parcel #2, prior to approval of the final plat, the a licant shall certi� his acknowled ement that future buddin on Parcel #2 wdl be in compliance with setback re quiremen�s based on the shadow plan submitted with this application This shall mean tliat a home or accessory structure cannot be budt across the future property Imes or withm the future street alignment A modified shadow plan may be submifted provided �he densi�r and street issues can be satisfied This requirement shall be bindmg on all owners and tF�eir assagns of Parcel#2 Landscaping and ScreeninQ (18 7451 Street trees Section 18 745 040 ec ion 45 040 A All development pro�ects fronting on a public street, private street or a private dnvewa more than 100 feet in fength approved after tf�e adoption of this title shall be required to plan�street trees �n accordance with fhe standards m Section 18 745 040C This proposed pro�ect has frontage on SW Fern Street The access drive servmg the proposed lot wdl exceed the 100 foot length Therefore, street trees are required along the public street and along the pnvate drive and shall be planted in accordance with the standards for size and spacmg in this title, under Section 18 745 040 C Smce SW Fem Street is not improved with curbs and sidewalks along the frontage and wdl undergo a street improvement m the foreseeable future, and smce the street improvement has not yet been designed, planting of street trees wdl be deferred untd the street improvements occur FINDING The requirement for planting street trees is not met NOTICE OF DECISION MLP2002-00009MULTQUIST PARTITION PAGE 9 OF 17 CONDITION Pnor to issuance of budding permits for Parcel #2, the applicanUowner shall provide a site plan that shows street trees for the private access dnve These trees shall be installed prior to final buddmg mspection The applicant shall be required to execute a restrictive covenant for future street improvements along SW Fern Street which wdl include planting of street trees along that frontage Tree Removal (18 790) A tree p an or the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot„ parcel or combinat�on of lots or parcels for which a development applicat�on for a subdivision, partition site development review, planned development or conditional use is filed Protection is pre�erred over removal wherever possible The applicant has mdicated that there are 3 trees greater than 12 inch diameter on the property None of these trees are proposed for removal However, m October of 2001, several trees were removed illegally, totaling 264 caliper mches As this represented more than 75% of the trees on the property, 100% of the caliper inches were required to be mitigated The applicant opted to replant the required number of trees on his property Wfide none of these trees is greater than 12 inches in diameter, they are required to be preserved and maintained as part of continuing compliance for the previous violation Should any of these trees require removal to accommodate the new house or driveway for Parcel #2, or are damaged dunng the development of that site, those trees shall be either replaced or payment made in-lieu of replantmg With regard to the three existing 12 inch trees, the City Forester, notes that protection measures wdl be required to be installed at the edge of the tree's driplme at a minimum IVo building permits for the proposed Parcel #2 wdl be issued untd the City Arborist has verified that protection measures have been installed according to these requirements 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 followmg conditions CONDITIONS . Pnor to issuance of a budding permit, the applicant shall install tree protection fencing around the three existmg trees at their dripline The City Forester shall verify fhat measures have been properly mstalled before any construction activity occurs . The 264 caliper inches of replanted trees shall likewise be protected from damage or removal Should any of these trees be damaged or removed, the applicant shall either replant a replacement tree of equal size, or pay the fee in-lieu of mitigation . If the tree protection guidelmes are not followed, moved after being approved in the field, knocked down dunng construction, or are removed prior to the end of construction then A The pro�ect wdl be immediately shut down untd the fencing is remstalled accordmg to the conditions of approval, B Each impacted tree shall be bonded for seven years in the amount of$5,000 per tree, C Corrective action, including but not limited to loosenmg compacted sod, replacm graded sods, or removing filled sod, shall be undertaken by the andlican�to address the damage done m the critical root zone of each tree, D A fine of $250 per day shall be assessed to the applicant fo�lowmg wntten notification of the violation, untd such time that the tree protection measures are remstated Visual Clearance Areas 18 795 This C apter requires t at a c ear vision area shall be maintained on the corners of all property ad�acent to intersect�ng right-of-ways or the intersection of a public street and a private driveway A clear vision area shall conta�n no vehicle, hedge, planting, fence, wall structure, or NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 10 OF 17 temporary or permanent obstruct�on exceeding three (3) feet in height The code provides that obstruct�ons that may be located m 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 below eight (8) feet are removed A visuaf clearance area is the trian�ular area formed by measuring from the corner, 30-feet along the right-of-way and along the driveway and connecting these two points with a straight line The applicant's site plan shows the vision clearance triangles for the proposed lots There does not appear to be any obstructions within this vision clearance area The vision clearance standards are met Impact Study (18 3901 Section�0 090 states, "The Director shall make a finding with respect to each of the following cr�teria when approving, approving with conditions or denying an application " Section 18 390 040 states that the aQplicant 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 im pact, 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 prrvate property users In situat�ons where the Community Development Code requires the ded�cation of real property interests, the applicant shall either specifically concur with a requirement for public r�ght-of-way dedication, or provide evidence that supports that the real property dedication �s not roughly proportional to the proJected impacts of the development Section 1$ 390 040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the publ�c The applicant has submitted an impact study The applicant wdl not be required to physically improve SW Fem Street but wdl be required to submit a waiver of remonstrance for future participation in a Local Improvement Distnct (LID) for street improvements on SW Fem to mitigate for the addition of 10 vehicle tnps from the site The applicant has designated a septic drainfield area to allow for continued use of the existing septic system for Parcel#1 However, the new home on Parcel #2 wdl be required to connect to sewer A utdity easement has been shown to account for this Sewer is already avadable across Fem Street and has sufficient capacity to serve the development Other impacts to public facdities are offset by the collection of Systems Development Charges (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 I I/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 dwellmg unit 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 proJects traffic impact is $7,062 50 ($2,260 divided by 32) The difference befinreen the TIF paid, and the full impact, is considered the unmitigated impact on the street system As the present nght-of-way does not meet current standards, an additional two feet wdl be required for dedication along the entire frontage (approximately 414 square feet) The approximate value of unimproved residentially zoned property is $3 00 per square foot, for a total cost of $1,242 The unmiti�ated impact of this pro�ect on the transportation system is $5,820 50 Since the unmitigated impac remaining is $3,560 50 ($7062 50-$2,260-$1,242) the required exaction is proport�onate NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 11 OF 17 PUBLIC FACILITY CONCERNS Street And Utility Improvements Standards (Section 18 810) Chapter 18 810 provides construction standards for the implementation of public and private fac�lities 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 add�tional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC M�nimum Rights-of-Way and Street Widths Section 18 810 030 E requires a local residential street to have a 42 to 50-foot r�ght-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 dra�nage, and street trees This site lies ad�acent to SW Fem Street, which is classified as a neighborhood route on the City of Tigard Transportation System Plan Map At present, there is approximately 20 feet of ROW from centerline, according to fhe most recent tax assessors map The applicant should dedicate additional ROW to provide a minimum of 27 feet from the centerlme The applicant's plan shows that this wdl be accomplished with the final plat SW Fem Street is paved but not fully improved to City standards Tigard Municipai Code (TMC) 18 810 030(A)(1) states that streets within a development and streets adjacent shall be improved m 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 fhe improvement associated with the pro�ect does not, by i�self, provide a significant improvement to the street safety or capacity Although this development wdl incrementally increase the amount of traffic on the roadway, the increase will not substantially degrade the level of service on the street A street improvement adJacent to this site, therefore, wdl not significantly improve the safety or capacity of the street In addition, 18 810 030(A)(5)(e) stafes that a guarantee in-lieu of street improvements is acceptable if the proposal is a land partition on property zoned resident�al 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 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 the City, a third party, or through a local improvement distnct This agreement must be executed pnor to approval of the final plat The applicant has been coordinating with Marv Bowman, who recently obtained a partition approval for the parcel immediatelX to the west of this site The Bowman partrtion also separated a large piece of land for future subdividing The applicant and Bowman intend to subdivide, which wdl result in the easterly extension of SW Walnut Lane, a local residential street that mtersects with Ascension Drive The extension of Walnut Lane wdl be necessary to provide adequate access to the future subdivided lots No improvements to Walnut Lane are necessary or required for this partition Block Designs - Section 18 810 040 A states that the length, width and shape of blocks shall be des��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 recognit�on of limitations and opportunities of topography Block Sizes Section 18 810 040 B 1 states that the penmeter 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�xisting development or, . For blocks ad�acent to artenal streets, lim�ted access h�ghways, ma�or collectors or railroads . For non-residential blocks �n which internal public circulation prov�des equrvalent access NOTICE OF DECISION MLP2002-00009MULTQUIST PARTITION PAGE 12 OF 17 No streets are bemg proposed with this partition request, 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-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 constra�nts, existing development patterns, or strict adherence to other standards in the code This standard is not applicable Lots - Size and Shape Sect�on 18 810 060(A) prohibits lot depth from beiny more than 2 5 times the average lot w�dth, unless the parcel is ress than 1 5 times the minimum lot size of the applicable zornng district The lot width of Parcel 2 is 170 feet with a depth of 295 feet or roughly 1 75 times The lot width of Parcel 1 is 206 feet with a depth of approximately 100 feet, or roughly 0 5 times 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 Parcel 1 has 206 feet of frontage, and Parcel 2 has a proposed 20 foot wide access easement Sidewalks Section 18 810 070 A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets Private streets and industrial streets shall have sidewalks on at least one side By providmg the future improvement guarantee for Fern 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 mams 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 pol�c�es of the comprehensive plan Over-siz�n� Section 18 810 090 C states that proposed sewer systems shall include consideration of additional development within the area as pro�ected by the Comprehensive Plan There is an existing 8-mch sewer Ime in Fern Street and a public sewer line in the terminus of Walnut Lane The existin� home is served by a septic system, and could remain on that system untd such time Parcel 2 is subdivided The applicant is prepared to install a pump system in the existmg house that would allow connection to the Fern Street Ime When Parcel 2 is subdivided in the future, the sewer line m Walnut Lane can be extended to serve the future lots Storm Drainage General Provisions Section 18 810 100 A states requires developers to make adequate prov�sions for storm water and flood water runoff Accommodation of Upstream Drainage Sect�on 18 810100 C states that a culvert or other dra�nage facility shall be larg e enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development The City Eng�neer 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 includ�ng any future revisions or amendments) NOTICE OF DECISION MLP2002-00009MULTQUIST PARTITION PAGE 13 OF 17 There are no existing upstream dramageways that affect 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 draina�e fac�lity, 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 Construct�on Standards for Sanitary and SurFace Water Management (as adopted by Clean Water Services in 2000 and including any future rev�s�ons or amendments) There wdl be no impact on the ublic dramage system with this partition When Parcel 2 is subdivided, the applicant wdl need to submi�a formal storm dramage plan for that development There is an existing public storm drainage system to the northeast of the site that can be accessed via an offsite easement across the parcel to the east The applicant is currently negotiating with that owner for a future easement No storm drainage improvements are needed now for the partition Bikeways and Pedestrian Pathways Bikeway Extension Section 18 810110 A states that developments ad�oining proposed bikeways identified on the City's adopted pedestnan/bikeway plan shall include provisions for the future extens�on of such bikeways through the dedication of easements or right-of-way Fern Street is not considered a bicycle facdity Cost of Construction Section 18 810110 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 improvements This standard is not applicable Minimum Width Sect�on 18 810 110 C states that the minimum width for b�keways within the roadway is five feet er bicycle travel lane Minimum width for two-way bikeways separated from the road is eight fee� This standard is not applicable Utilities Section 18 810 120 states that all util�ty lines, but not limited to those requ�red 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 laced above round temporary utility service facilities during construction, high capacity elec�ric lines opera�ing at�50,000 volts or above, and . The developer shall make all necessary arrangements with the serving ut�lity to provide the underground services . The City reserves the righ�to approve location of all surface mounted facil�ties, . All underground utilit�es, including sanitary sewers and storm drains installed in streets b the developer, shall be constructed prior to the surfacin�of the streets, and . S�ubs for serv�ce connections shall be long enough to avoid disturbing the street improvements when service connections are made , Exception to Under-Grounding Requirement Section 18 810120 C states that a develop er shali pay a fee �n-lieu of under rounding costs when the development is proposed to take pface on a street where exist�ng ut�li ies whicli are not under round will serve the development and the a��roval authority determines that the cost and �echnical d�fficulty of under-grounding the u i it�es outweighs the benefit of under-grounding in con�unction with the deveiopment The determ�nat�on shall be on a case-by-case basis The most common, but not the only� such situation is a short frontage develo ment for which under-grounding would result in the placement of additional poles, rather �han the removal of above-ground ut�lit�es facilities An applicant for a development wh�ch is served by utilities which are not underground and which are located across a publ�c nght�f-way from the appl�cant's property shall pay a fee in-lieu of under-grounding There are existmg overhead utility lines along the frontage of SW Fem Street If the fee m-lieu is NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 14 OF 17 proposed, it is equal to $27 50 per lineal foot of street frontage that contains the overhead Imes The frontage along this site is 207 Imeal feet, therefore the fee woufd be $5,693 00 ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS Public Water S stem This site is loca e within the City's water service area There is a public water line in Fem Street that can serve the site, and another line stubbed out in Wainut Lane that can serve the future subdivision of Parcel 2 No additional public water line work is needed to serve this partition Storm Water Quality T�ity 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 reqwre the construction of on-site water quality facilities The facil�ties shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newiy 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 When Parcel 2 is subdivided m the future, a water quality faality wdl be required for that development Since no structures wdl be added to this site untd that subdivision occurs, there are no requirements for this partition Address Ass� nments The City o Tigard is responsible for assigning addresses for parcels withm 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 prior to approval of the final plat For this pro�ect, the addressmg fee wdl be $30 00 Surve Re uirements T e applicant s ina p at shall contain State Plane Coordmates [NAD 83 (91� on two monuments with a tie to the City's global positioning system (GPS) geodetic control nefinrork ( C 22) These monuments shall be on the same Ime and shall be of the 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 gnd north These coordmates can be established by . GPS tie networked to the City's GPS survey . By random traverse using conventional surveying methods In add�tion, the applicant's as-budt drawings shall be tied to the GPS network The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91� SECTION VI OTHER STAFF COMMENTS City of Tigard Police Department has reviewed the proposal and has no ob�ections to �t City of Tigard Forester has reviewed the proposal and mdicates that whde no mitigation wdl be required, a tree protection plan must be submitted clarifying how the trees to remain wdl be preserved Additionally, several recommended conditions of approval were submitted RESPONSE These conditions wdl be incorporated into this decision NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 15 OF 17 City of Tigard Water Department has reviewed the proposal and notes that the gravity pressure at this location is 55 psi, and the hi�h pressure system is approximately 80 psi Furthermore, there are fire protection concems as the existmg house is some distance from a fire hydrant RESPONSE This is discussed in further detad under the Agency Comments for NF&R Cifiy of Tigard Operations Department has reviewed the proposal and has concerns related to the size of the proposed storm water detention pond RESPONSE The proposed storm water detention pond was shown on the shadow plan as a conceptual idea �4s this partition is only creatmg finro lots, storm water detention is not required S�zmg of the detention pond upon subsequent land division will be reviewed as part of that application SECTION VII AGENCY COMMENTS Clean Water Services comments have been discussed above under Public Facdity Concems 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 wit in 150 feet of all portions of the exterior wall of the first story o the budding as measured by an approved route around the extenor of the buddmg An approved turnaround is required if the remainmg distance to an approved mtersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet (UFC Sec 902 2 1) FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE Fire apparatus access roads shal have an unobstructed wi th o not ess than 20 feet 15 eet or one or finro dwellin urnts and out buddmgs), and an unobstructed vertical clearance of not less than 13 feet 6 inches �UFC Sec 902221) SURFACE AND LOAD CAPACITIES Fire apparatus access roads shall be of an all-weather surFace t at is easi y istinguis a e rom t e 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 documenta�ion from a registered engmeer that the design wdl be capable of supportmg such oading Documentation from a registered engmeer that the finished construction is in accordance with the approved plans or the requirements of the Fire Code may be requested (Design cnteria on back) (UFC Sec 902 2 2) TURNING RADIUS The inside tummg radius and outside turnin radius shall be not less than 25 feet and 45 eet respectively, measured from the same center point �JFC Sec 902 2 2 3) GRADE Pnvate fire apparatus access roadway grades shall not exceed an avera e grade of 10 percent with a maximum rade of 15 �ercent for lengths of no more than 200 feet In�ersections and tumarounds shall be level �maximum 5/o)with the exce ption of crownmg for water run-off Public streets shall have a maximum grade of 15% (UFC Sec 902 2 2 6) SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS Fire hydrants for single famdy dwellmgs, duplexes an sub-divisions, shall e placed 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 903422) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW The minimum avadable fire flow for single amdy dwellings and duplexes sha I be 1,000 gallons Qer minute If the structure(s) is(are) 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix Yable A-III-A-1 (UFC Appendix III-A, Sec 5) RESPONSE The applicant wdl be required to provide documentation that NFR has reviewed and approved the fire flow documentation and fire hydrant piacement NOTICE OF DECISION MLP2002-00009MULTQUIST PARTITION PAGE 16 OF 17 SECTION VIII PROCEDURE AND APPEAL INFORMATION Notice Notice was maded to X The applicant and owners X Owner of record within the required distance X Affected govemment agencies Final Decision THIS DECISION IS FINAL ON JANUARY 31, 2003 AND BECOMES EFFECTIVE ON FEBRUARY 15, 2003 UNLESS AN APPEAL IS FILED A�ea�l 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 deasion as provided in Section 18 390 040 G 1 may appeal this decision m 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 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 Appeat may � be submitted by any party durmg the appeal hearmg, 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 FEBRUARY 14, 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 � ��f� �, �" January 31, 2003 PREPARED BY Morgan Tracy DATE Associate Planner \\hg333\usrldepts�curpinlmorgan\workspaceVnlplmlp2002-00009(hultqwst)1mIp2002-00009 deasion draftdoc NOTICE OF DECISION MLP2002-00009MULTQUIST PARTITION PAGE 17 OF 17 CRI � • ' " ' S OEOORAPMIC INFOPMAT ON BYBTEM �,^ �v�ti�,. YICINITY MAP �o� �NDp J w I � � - - - - �- - - � ��° "� F T �� MLP�002-00009 �� _ _ _ _ _ _ _ _ � � HULTQUIST PARTITION � z �tz�� o � F ¢ � S� �N Z SW � S``yo,�,� � SITE � O OSBOSBOSBO BO N sFE R NUT LN I � ao : t t- + au —� 2' �I ON U ^rt'.�/ � FS � � y�g � a a Rosv �� -. � �` t F T \g -, r � 40 ♦�..]`��It7TAD�i" Q � ��, �OONITA D � /J� � � f+I BC�F 6�N�R/ DUR y � �� ^ �y. ! ,�'°�^, � � / � f � � m 7lpartl Area Map � 2 m —' N J 5 w z a Q 0 200 400 600 Feet m 1=40B feet I JENSHIRE , � � C�ty of Tigard Informatlon on this map Is for gene�al locellon only anC Np,pR should be verifled wlth the Development Servlces Drvislon 13725 SW Hall Blvd Tlgard OR 97223 (503)639-4171 C C��L http//www n tigard or us Community Development Plot date Dec 3 2002 C\magic\MAGIC03 APR N892B16E 17003 _ � I i I � � � i1 ��a \� �m PPO°OSE� \ �aRrE' 2 I t CFES O �I Y � � m I A � � QN P 8 �p� y v N � � � W Z N � � Q �z max � 10 MAPLE \1 _ _ � _ _ _ � 5899dJOE � ea�s Q reovoseo aawr��o_� EASf TN7 FOR 1H \ 5�,0 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�L�0�0 (Map is not to scale) � NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2002-00009 CITY OF TIGARD HULTQUIST PARTITION Commuraty�DeveCopment SFiaprngA BetterCommuraty 120 DAYS =3/27/2003 SECTION I APPLICATION SUMMARY FILE NAME HULTQUIST PARTITION CASE NO Minor Land Partition (MLP) MLP2002-00009 PROPOSAL The applicant is requesting a Minor Land Partition to partition one (1) existing 72,293 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 APPLICANT Larry Hultquist OWNER Larry Hultquist 14125 SW Fern Street 14125 SW Fern Street Tigard, OR 97223 Tigard, OR 97223 ZONING DESIGNATION R-7 Medium-Density Residential District The R-7 zoning district is designed to accommodate attached single-famdy homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet Mobile home parks and subdivisions are also permitted outright Some civic and institutional uses are also permitted conditionally LOCATION 14125 SW Fern Street, WCTM 2S104BC Tax Lot, 00700 PROPOSED PARCEL 1 19,499 Square Feet PROPOSED PARCEL 2 52,794 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 (25�) per page, or the current rate charged for copies at the time of the request SECTION III PROCEDURE AND APPEAL INFORMATION Notice ol�ti e maded to X The applicant and owners —� Owner of record within the required distance � Affected government agencies Final Decision THIS DECISION IS FINAL ON JANUARY 31, 2003 AND BECOMES EFFECTIVE ON FEBRUARY 15, 2003 UNLESS AN APPEAL IS FILED T�A eal ector's Decision is final on the date that it is mailed All persons entitled to notice or who are otherwise adversel�r affected or aggrieved by the decision as provided in Section 18 390 040 G 1 may appeal this decision in accordance with Section 18 390 040 G 2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shali 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 speafic issues identified in the written comments submitted by the parties during the comment eriod Additional evidence concerning issues properly raised in the Notice of Appeal may be submit�ed 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 FEBRUARY 14, 2003 Questions Fo�urt�er information please contact the Planning Division Staff Planner, Morgan Tracx at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 � �� s � � _ � ��'' �N.'O_Qy YICINITY MAP Po� \ U�� °� ` F � � MLP2002 00009 m �r y� � � HULTQUIST PARTITION � .� yF� F 5 "s — "h,� � LSITE -- BO � T � W O � d; 1 �_ �\ ��Y.�e, 4 ti" _ —?�T= _�_— _ � 1�, ` _=��i at 1 57 � _ 4 f --� � � � �� — � ' N � � � �--- � — � • - � - _ I S �r � I - - r �� ' - - � � _ �M i � f - � I� � \ C ry f T gard �LL 1 � � r..s..nso w euww r 1 ��„Ifr-,��'N �L _ ro�aw� �� _ _ -- i i � � ��. � °' z 0 � ' ° 5 4 ! g � t � S Z Z � w � J a ��,�� d ' � �" ° c� � � ` I � �f I�" % � �/ i �nn,n r N�\.� � .....,. � I P� °�� \O � F i i "'°� � -�..'°w U , � ,.e�� r° .e..�. ,. � , / � _ �-�.:e_.. �� ~\ �/`� IEGENO �o�� .�...��— — ,�� CIT� OF TI�ARD '� MLP2002 00009 S�TQ PLAN (Map�s not to scale) N ( NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER NOTICE OF PENDING LAND USEAPPLICATION MIHOR LAND PARTITION CITYOFTIGARD Commumty�Development Shaping A Bettes Community DATE OF NOTICE December 3, 2002 FILE NUMBER MINOR LAND PARTITION (MLP) 2002-00009 FILE NAME HULTQUIST PARTITION PROPOSAL The applicant is requesting,a Minor Land Partition to partition one (1) existing 72,293 square foot lot into two (2) parcels for detached single-famdy residences An existing single-famdy dwelling exists on the sub�ect parcel and is proposed to remain on Parcel #1 in compliance with all setback requirements ZONE R-7 Medium-Density Residential Distnct The R-7 zoning district is designed to accommodate attached single-family homes, detached singie-family homes with or without accessory residential units, at a mmimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10 000 square feet Mobde home parks and subdivisions are also permitted outright 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 14125 SW Fern Street, WCTM 2S104BC Tax Lot 700 YOUR RIGHT TO PROVIDE WRITTEN COMMENTS Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit wntten comments on the application to the City THE FOURTEEN (14) DAY PERIOD ENDS AT 5 00 PM gON�¢DECEMBER �7�200� All comments should be directed to Morqan Tracy, Associate Planner in the Plannmg 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 COINMENTS 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 �41VUARY��21�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" described 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 critena with sufficient specificity on that issue Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue Specif�c 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 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 allow�ng a 14- day written comment penod . 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 withm 500 feet of the site, as shown on the most recent property tax assessment roll, any City-recognized neighborhood group whose boundanes include the site, and any governmental agency which is entitled to notice under an intergovernmental agreement entered mto 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, wntten 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 thts Notice under the section titled Your Right to Provide Written Comments " _ r — - — — �� _ sw _ wk,y� YIi1NITY MAP � r ND �'� �=�___� �� w MLP2002 00009 m -_______ (— y3 HUITQUIST PARTITION � I � � W,,,% � - SITE � \ BO � _ `� � �I � �� t � � __ � � � a - I \ - , � � °-On � i ♦ — N � 5 - N � I _ l �.w r� � I � � C9 fTP�d � I � ,� � rwr��w.o�� I �a� ��4��_ _ - --- - �- �� Page 1 of 1 Dear Mr Bulman, I apologize for not being avadable yesterday, I was serving my stint on the front counter With regard to the Hultquist Partition I am aware of the illegal tree removal that occured in October 2001 Mr Hultquist planted the required trees to mitigate for that violation One note regarding the partition while we are reviewing it as a two lot partition and will condition the retention of those trees the purpose of the partition is to separate the vacant land in the rear of the property from the homesite so that a subsequent subdivision application wdl occur This is not a prerequisite but is an option many landowners choose to enable selling the developable portion to a developer When the subdivision appiication is filed, a similar condition wdl be imposed requiring either retention of the new trees or a mitigation plan resulting in no net loss of caliper inches (replanting or payment of a fee in lieu) I agree with you that it seems a little backwards to plant the trees and then move them later However the code does not prevent a property owner from applying for a partition (or subdivision or anything else) based on a past code violation that has been since resolved Through the partition review we can attach a condition requiring continued maintenance of the newly planted trees so thats a good thing I appreciate you bringing it to our attention Lastly you noted the access out to SW Walnut it is conceivable that Mr Hultquist can make some arrangement with his neighbor to cross the property and exit onto Walnut, but the Partition proposal shows access and utilities being brought in from SW Fern A future subdivision of the Hultquist is dependent on the neighbor s property subdividing and extending SW Walnut to the boundary of Mr Hultquist's land No application for subdividing the neighbor's property has been filed I hope this information is useful I may be reached (when not staffing the front counter) at 503-639-4171 Morgan Tracy AICP Associate Planner City of Tigard -Community Development 13125 SW Hall Boulevard (503)639-4171, ext 2428 »> "Gerard Bulman" <gbulman@wachoviasec com> 12/17/02 01 58PM »> I tried to reach you today telephonically without success I am wnting to you with concerns on the Hultquist partition notice One of my concerns is that it was my understanding that the trees on the property were harvested without the proper approval by the city last summer I also understand that the city required him to replace those tress with a number of new plantings If that is the case I question why his request for partition should be approved It seems to me those tree's will not have a chance to grow and will be to be taken out once more This only would be rewarding his previous actions of not obtaining the proper permission thru the city in the first place My second concern is dunng the time they were harvesting the trees they had heavy equipment accessing the property thru the west end of Walnut lane If construction were to begin again I have a feeling that instead of accessing the property thru his property he would continue to use the Walnut lane access This has cause mud and dirt on our street and caused our neighborhood concern with all the kids that play in the area Sincerely Gerard � Bulman 14297 SW Walnut Lane Tigard OR 97223 (503)220- 6339 � file //C \WINDOWS\TEMP\GW}00001 HTM 1/31/03 DEPARTMENT OR AGENCY COMMENTS .� � ! MEMORANDUM CITY OF TIGARD, OREGON DATE January 16, 2003 TO Morgan Tracy, Associate Planner FROM Brian Rager, Development Review Engineer {�� RE MLP 2002-00009, Hultquist Partition Access Manaqement (Section 18 705 030 H) Section 18 705 030 H 1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO No new driveways will be created for this partition Parcel 2 may be further subdivided in the future at which time this criterion will need to be addressed Sect�on 18 705 030 H 2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street intersections Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed 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 poss�ble There are no collector or arterial street intersections within 150 feet of this site Section 18 705 030 H 3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet The minimum spacing of driveways and streets along an arterial shall be 600 feet The minimum spacing of local streets along a local street shall be 125 feet No new local residential streets will be created by this partition ENGINEERING COMMENTS MLP 2002-00009 Hultquist Partition PAGE 1 i Street And Utilitv Improvements Standards (Section 18 810) Chapter 18 810 provides construction standards for the implementation of public and prrvate 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 w�dth planned as a portion of an existing street shall be dedicated and �mproved 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 54-foot right�f-way width and a 24 to 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 Fern Street, which is classified as a local residential street 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 to provide a minimum of 27 feet from the centerline The applicant's plan shows that this will be accomplished with the final plat SW Fern 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 proJect does not, by 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 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 pro�ect for the street carried out by the City, a third party, or ENGINEERING COMMENTS MLP 2002-00009 Hultquist Partition PAGE 2 through a local improvement district This agreement must be executed prior to approval of the final plat The applicant has been coordinating with Marv Bowman, who recently obtained a partition approval for the parcel immediately to the west of this site The Bowman partition also separated a large piece of land for future subdividing The applicant and Bowman intend to subdivide, which wili result in the easterly extension of SW Walnut Lane, a local residential street that intersects with Ascension Drive The extension of Walnut Lane will be necessary to provide adequate access to the future subdivided lots No improvements to Walnut Lane are necessary or required for this partition Block Designs - Section 18 810 040 A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography Block Sizes Section 18 810 040 B 1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of- way line except • Where street location is precluded by natural topography, wetlands or other bod�es 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 circulation provides equivalent access PLANNING Section 18 810 040 B 2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code PLANNING Lots -Size and Shape Section 18 810 060(A) prohibits lot depth from being more than 2 5 times the average lot width, unless the parcel is less than 1 5 times the minimum lot size of the applicable zoning district PLANNING ENGINEERING COMMENTS MLP 2002-00009 Hultquist Partition PAGE 3 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 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 Private streets and industrial streets shall have sidewalks on at least one side By providing the future improvement guarantee for Fern 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 comprehensrve 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 Comprehensive Plan There is an existing 8-inch in Fern Street and a public sewer line in the terminus of Walnut Lane The existing home is served by a septic system, and could remain on that system until such time Parcel 2 is subdivided The applicant is prepared to install a pump system in the existing house that would allow connection to the Fern Street line When Parcel 2 is subdivided in the future, the sewer line in Walnut Lane can be extended to senre the future lots 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 18 810 100 C states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or ENGINEERING COMMENTS MLP 2002-00009 Hultqwst Partition PAGE 4 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 �n 2000 and including any future revisions or amendments) There are no existing upstream drainageways that affect 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 unt�l 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) There will be no impact on the public drainage system with this partition When Parcel 2 is subdivided, the applicant will need to submit a formal storm drainage plan for that development There is an existing public storm drainage system to the northeast of the site that can be accessed via an offsite easement across the parcel to the east The applicant is currently negotiating with that owner for a future easement No storm drainage improvements are needed now for the partition 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 Fern Street is not considered a bicycle facility Cost of Construction Section 18 810 110 B states that development permits issued for planned unit developments, conditional use permits, subd�visions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements N/A 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 ENGINEERING COMMENTS MLP 2002-00009 Hultquist Partition PAGE 5 N/A Utilities Section 18 810 120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service fac�lities 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 utilities 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 nght-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 Fern 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 207 lineal feet, therefore the fee would be $ 5,693 00 ENGINEERING COMMENTS MLP 2002-00009 Hultquist Partition PAGE 6 ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS Public Water Svstem This site is located within the City's water service area There is a public water line in Fern Street that can serve the site, and another line stubbed out in Walnut Lane that can serve the future subdivision of Parcel 2 No additional public water line work is needed to serve this partition Storm Water Qualitv 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 facil�ties 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 When Parcel 2 is subdivided in the future, a water quality facility will be required for that development Since no structures will be added to this site until that subdivision occurs, there are no requirements for this partition Address Assiqnments The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB) An addressing fee in the amount of$ 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 Survev Requirements The applicanYs final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22) These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north These coordinates can be established by • GPS tie nefinrorked to the City's GPS survey • By random traverse using conventional surveymg methods ENGINEERING COMMENTS MLP 2002-00009 Hultquist Partition PAGE 7 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 Prior to approval of the fmal plat, the applicant shall pay an addressing fee in the amount of$30 00 (STAFF CONTACT Shirley Treat, Engineering) The final plat shall show that there will be a right-of-way dedication on Fern Street to provide 27 feet from the centerline The applicant shall execute a Restnctive Covenant whereby they agree to complete or participate in the future improvements of SW Fem 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 shanng of design and/or construction expenses by the third party owner(s) of property in addition to the sub�ect properly, 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 an ingress/egress easement across Parcel 1 for benefit of Parcel 2 The applicant shall either place the existing overhead utility Imes along SW Fern 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 ENGINEERING COMMENTS MLP 2002-00009 Hultquist Partition PAGE 8 site that is parallel to the utility lines and wdl be $ 27 50 per lineal foot If the fee option is chosen, the amount will be $ 5,693 00 and it shall be paid prior to approval of the final plat The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positionmg system (GPS) geodetic control network (GC 22) These monuments shall be on the same Ime and shall be of the same precision as required for the subdivision plat boundary Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north These coordinates can be established by • GPS tie nefinrorked to the City's GPS survey • By random traverse using conventional surveying methods 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 SW Fern Street shall be made on the final plat E NOTE Washington County will not begm their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor F After the City and County have reviewed the final plat, submit finro mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions) ENGINEERING COMMENTS MLP 2002-00009 Hultquist Partition PAGE 9 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 budding permit, or a future lane use approval on Parcel 2, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat \\hg333\usridepis\eng�bnanl�commenlsVnlpVnlp2002 00009 doc � ENGINEERING COMMENTS MLP 2002-00009 Hultquist Partition PAGE 10 TUALATIN VALLEY FIRE � RESCUE • SOUTH DIVISION °� COMMUNITY SERVICES • OPERATIONS • FIRE PREVENTION Tualatin Valley Fare & Rescue December 17 2002 Morgan Tracy Associate Planner City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Re Hultquist Partition Dear Morgan I have reviewed the submittal for the above named pro�ect and hatie the following comments 1) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS Access roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as measured by an approved route around the extenor of the building An approved turnaround is required if the remaming 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) FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE Fire apparatus access roads shall have an uno structed widt o not ess than 20 eet 15 eet for one or two dwelling units and out buddin s), and an unobstructed vertical clearance of not less than 13 feet 6 inches (UFC Sec 902 2 2 1} 3) 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 supportmg 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 registered engineer that the desi n will be capable of supportmg such loading Documentation from a registered engineer that the�inished construction is in accordance with the approved plans or the requirements of the Fire Code may be requested (Design cntena on back)(UFC Sec 902 2 2) 4) TURNING RADIUS The inside turning 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) 5) 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 feet 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) 6) SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS Fire hydrants for single family dwellings duplexes and sub-divisions, shall be placed 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 �re hydrants shall be as approved by the Chief (UFC Sec 903 4 2 2) � 7) SINGLE FAMILY DWELLINGS -REQUIRED FIRE FLOW The minimum avadable fire flow for single famdy dwellings and duplexes shaii be 1 000 gallons per mmute 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) Please contact me at(503)612-7010 with any additional questions Smcerely Eric T McMullen Eric T McMullen Deputy Fire Marshal 7401 SW Washo Court,Suite 101 •Tualatin Oregon 97062•Tel (503)612 7000•Fax(503)612 7003•www tvfr com REQUEST FOR COMMENTS CITYOFTIGARD Community�I�eveCopment S(zaping A Better Community DATE: December 3,2002 T0: Matt Stine,Urban Forester/Public Works Annex R��EIVED PLANNING FROM: City of Tigard Planning Diuision r�� 1 7 2002 STAFF CONTACT: Mor9an Tracy,Associate Planner[x24281 ��G T�y^�� Phone: [5031639-4171/Fax: [5031684-1291 MINOR LAND PARTITION[MLPI 2002-00009 ➢ NULTQUIST PARTITION Q REQUEST: The applicant is requesting a Minor Land Partition to partition one (1) existing 72,293 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: 14125 SW Fern Street; WCTM 2S104BC, Tax Lot 700. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. 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 available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: DECEMBER 17, 2002. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond bv the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. � Written comments provided below: 5E� A�r��-�y Connaw��JrS �- l,00l� c.�4-�2�I�uu,� �r r�M-�E �� SPE��F/c ra I��s ��:r--�cr �' �o ��v+�%�-�s ��,�� -a�� ,�w Y� �a��-r wxr�r rv R.�na rEfi-� cr�hn N� �i�i.S PI� r l�c c�, t�. !�►��` Tl N� Name & Number of Person Commenting: �. �_ MEIVIORAIVDUM ,,;; TO Morgan Tracy FROM Matt Stine, City Forester RE Hultquist Partition DATE December 17, 2002 As you requested I have provided some comments on the "Hultquist Partition" pro�ect If you have any questions or concerns regarding my comments please contact me anytime 1 TREE PROTECTION DEVICES 18 745 030 E PROTECTION OF EXISTING VEGETATION Existing vegetation on a site shall be protected as much as possible 1 The developer shalB 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 (e g , areas not to be disturbed can be fenced, as on 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 ro erty adiacent to the construction qroiect that will have more than 15% of its root svstem disturbed bv construction activities shall 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, bunal, 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 I�mits of disturbance where trees are being protected unless approved by the City Forester 1 5 All tree protection devices shall be ■ Visible ■ Well-anchored ■ Approved in the field prior to clearing, grading, or the beginning of construction ■ Remain in place and maintained until all construction is completed and a final inspection is conducted 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 every one-inch of diameter at breast height (DBH), or 4 '/2 feet above the ground, allow 12 inches of space from the trunk of the 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 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 will 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 Spec�fic to th�s pro�ect • All trees on the ne�ghbor�ng propert�es must rece�ve the same protect�on gu�delmes as the trees on the applicant's s►te • lf the tree protect�on gu►delmes are not followed, moved after be�ng approved�n the field, knocked down durmg construct�on or are removed pnor to the end of construct�on the pro�ect will be o Immed�ately shut down unt�l the fenc�ng�s remstalled according to the cond�f�ons of approval o Each impacfed tree shall be bonded for seven years �n the amount of$5,000 00 per tree o Corrective action will taken by the appl�cant to address the damage done fo the Cr�t�cal Root Zones of each tree Corrective act�on may include, but not limited to, loosen�ng compacted soil, replacmg graded soil or removmg filled so�l o A fine of$250 00 per day shall be assessed to the appl�cant for each day that the fenc�ng �s down 2 TREE SPECIES SELECTION & PLANTING 18 745 030 C INS�ALLATION REQUIREMENTS The installation of all landscaping shall be as follows 1 All landscaping shall be installed according to accepted planting procedures 2 The plant material shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and any other future rev�sions), and 3 Landscaping shall be installed in accordance with the provisions of this title G CONDITIONS OF APPROVAL OF EXISTING VEGETATION �he review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and �n no instance shall be less than that required for conventional development 2 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 standards set forth in the Amencan Institute of Architects' Architectural Graphic Standards, 10th edition In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the soil volume and size at maturitv Additionally, there are d�rections for soil amendments and modifications I recommend that these guidelines be followed and adhered to at all times 2 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 onsete ■ No more than 20% of any one genus be planted onsite ■ No more than 10% of any one species be planted onsite 2 3 I recommend that all of this information be included in the final plan's notes or drawings If you have any questions please call me anytime Thank you for requesting my comments on this pro�ect . ^ �, REQUEST FOR COMMENTS CITYOFTIGARD �'ommunity�De�ceCopment Shapi�igA�etter Commurtity UATE: Decemder 3,2002 T0: Dennis Koellermeier,Operations Mana9er/Water Department ��,�EIVEU FLANNINU FROM: CitY of Tigard Planning Division � ^ 0 9 2002 STAFF CONTACT: Morgan Tracy,Associate Planner[x24281 � �.,,; .. �,-.:�„:J Phone: [5031639-4111/Fax: [5031684-1291 MINOR LAND PARTITION(MLPI 2002-00009 ➢ HULTQUIST PARTITION Q REQUEST: The applicant is requesting a Minor Land Partition to partition one (1) existing 72,293 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: 14125 SW Fern Street; WCTM 2S104BC, Tax Lot 700. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. 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 ApplicanYs Information for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: DECEMBER 17, 2002. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond bv the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. � Written comments provided below: � . � 1 a � ' " b `' ��a.�ti • .4� �TF r� �� c v► ('o r1�t�n C cJ� c�v��v�,{- �'3C t'v�.c S t Y� (��r�[� uw- d wb 1 i� 'r-c � 3� N-��t ,�v�oNnc. eac,�r' o wa�.r"��bl��5��. �o �_o� . So,:s 1 Name& Number of Person Commenting: c,� �z1�I�L rr f ' REQUEST FOR COMMENTS CITYOFTIGARD Communtty�DeveCopment S&apangA�etter Community DATE December 3,2002 TO lohn RoY,Proper4l Manager/Public Works Annex RECEIVED PLANNING FROM Ciry of Ti9ard Planning Diu�sion �t J � �� 2002 STAFF CONTACT Morgan Tracy,Associate Planner[x24281 CITY OF TfC:+�D Phone [5031639-4111/Fax [5031684-1291 MINOR LAND PARTITION[MLP)2002-00009 ➢ HULTQUIST PARTITION Q REQUEST The applicant is requesting a Minor Land Partition to partition one (1) existing 72,293 square foot lot into finro (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 14125 SW Fern Street, WCTM 2S104BC, Tax Lot 700 ZONE R-7 Medium-Density Residential District The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet Mobile home parks and subdivisions are also permitted outright 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 available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future If you wish to comment on this application, WE'NEED YOUR�COMMENTS�BACK�BY�D AECEMBER 17, 2002� You may use the space provided below or attach a separate letter to return your comments If vou are unable to respond bv the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible If you have any questions contact the Tigard Planning Division, 13125 SW Hall Blvd , Tigard, OR 97223 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY _ We have reviewed the proposal and have no ob�ections to it Please contact of our office Please refer to the enclosed letter _ Written comments provided below ' � Z� r�_ � a Name& Number of Person Commenting � REQUEST FOR COMMEHTS CITYOFTIGARD Commuraty�DeveCopment ShapingA Better Commumty DATE December 3,2002 TO lim Wolf,Ti9ard Police Department Crime Preuention Officer RECEIVED PLANNING FROM Cuy of Tigard Plamm�g Division Q�v 0 � 2002 STAFF CONTACT Morgan TracY,Associate Planner tx24281 Phone [5031639-4111/Fax [5031684-7291 CITY QF Tk�ARO MINOR LAND PARTITION[MLPI 2002-00009 ➢ NULTQUIST PARTITION Q REQUEST The applicant is requesting a Minor Land Partition to partition one (1) existing 72,293 square foot lot into two (2) parcels for detached single-family residences An existing single-famdy dwelling exists on the sub�ect parcel and is proposed to remain on Parcel #1 in compliance with all setback requirements LOCATION 14125 SW Fern Street, WCTM 2S104BC, Tax Lot 700 ZONE R-7 Medium-Density Residential District The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet Mobile home parks and subdivisions are also permitted outright 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 available to our staff a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future If you wish to comment on this application, WE�NEED YOUR COMMENTS BACK`BY� F�DECEMBER �17, 2002. You may use the space provided below or attach a separate letter to return your comments If vou are unable to respond bv the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Blvd , Tigard, OR 97223 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY ✓ We have reviewed the proposal and have no ob�ections to it Please contact of our office Please refer to the enclosed letter _ Written comments provided below Name� Number of Person Commenting , ` `_ �0�� I U VV REQUEST FOR COMMENTS CITYOFTIGARD Communtty lneveCopment Shaprng A Better Commumty DATE December 3,2002 TO PER ATTACHED FROM Ciql of Ti9ard Plamm�9 Di�nsion STAFF CONTACT Morgan TracY,Associate Planner[x24281 Phone [5031639-4111/Fax [5031684-1291 MINOR LAND PARTITION[MLPI 2002-00009 ➢ NULTQUIST PARTITIOH Q REQUEST The applicant is requesting a Minor Land Partition to partition one (1) existing 72,293 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 14125 SW Fern Street, WCTM 2S104BC, Tax Lot 700 ZONE R-7 Medium-Density Residential District The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet Mobile home parks and subdivisions are also permitted outright 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 available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY DECEMBER 17, 2002� You may use the space provided below or attach a separate letter to return your comments If vou are unable to respond bv the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Blvd Tigard, OR 97223 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY _ We have reviewed the proposal and have no 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 C0� :NTS ~ � NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: ��Z�`ODDOq FILE NAME: IvI�" ✓�5�" �-r� �o� CITIZEN INVOLVEMENT TEAMS 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ❑Central ❑East ❑South [�Nest aProposal Descrip.in Library CIT Book CITY OffICES �NG RANGE PLANNING/Barbara Shields,Planning Mgr. �OMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. �✓ OLICE DEPTJJim Wolf,Crime Prevention Officer _BUILDING DIVISION/Gary Lampella,Building O(ficial ENGINEERING DEPTJBrian Rager,Dvlpmnt.Review Engineer Y,V�IATER DEPTJDennis Kcellermeier,Operations Mgr. CITY AUMINISTRATION/Ca[hy WheaUey,City Recorder �PUBLIC WORKS/John Roy,Property Manager �PUBLIC WORKS/Matt Stine,Urban Forester �PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! _C.DJShertnan Casper,Permit Coord.�sowcuP re:TiF� SPECIALDISTRICTS TUAL.HILLS PARK&REC.DIST.+� TUALATIN VALLEY FIRE&RESCUE� TUALATIN VALLEY WATER DISTRICT+► CLEANWATER SERVICES+� Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE IURISDICTIONS CITY OF BEAVERTON � CITY OF TUALATIN� OR.DEPT.OF FISH 8 WILDLIFE OR.DIV.OF STATE LANDS _ Planning Manager Planning Manager 2501 SW First Avenue Jennifer Goodridge _ Irish Bunnell,Devebpmem Services PO Box 369 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 8 PLANNING � _OR.DEPT.OF GEO.8 MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM � 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland.OR 97232-2736 Portland,OR 97232 PO Box 23483 _ Bob Knlght,oanttesourcecenter(zcn> US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _ Pauiette Allen,GrowthManapemeMCoo�dinator OR.DEPT.OF LAND CONSERV.&DVLP Kathryn Harris _ Mel Huie,GreenspacesCoordinalor(CPAIZOA) Lefry F�ench�cumv P�a�nr�ener�eroson�y� Routing CENWP-OP-G CITY OF KING CITY � _ Jennifer Budhabhatti,ReqbnalPlanner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Growl�ManapementSerrices Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY � _ OR.DEPT.OF ENERGY�voweninesinnrea� _OREGON DEPT.OF TRANS.(ODOT) Dept.of Land Use&Transp. Bonneville Power Administration Aeronautics Division�Mo�oPa.roW.n> 155 N.First Avenue CI7'Y OF LAKE OSWEGO� Routing 1TRC—Attn: Renae Ferrera Tom Highland,Plan�irq Suite 350,MS 13 Planning Director PO Box 3621 3040 25th Street,SE Hillsboro.OR 97124 PO Box 369 Portland,OR 97208-3621 Salem,OR 97310 Brent Curtis�cra> Lake Oswego,OR 97034 Gregg Leion�cvni _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 � Anne LaMountain�ic,wRa> _CITY OF PORTLAND �Noary r��w�i�a5 ana Pacern�i e�w��e�imuaas� _Sonya Kazen,DeveWpment Review Coortlinato� _phil Healy ncauaa� David Knowles,P�a��s�a�o�.. Regional Administrator Ca�l Toland, Right-of-Way SeCtion�vacac�ons� ��Steve Conway�c�nv�.� Portland Building 106,Rm. 1002 2020 SW FouRh Avenue,Suite 400 123 NW Flanders Sr.Cartographer«P�.,,�,. 1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 Jim Nims czcn�MS,s Portland,OR 97204 _Doria Mateja tzca�MS,a _ WCCCA(911)�Monopok 7owua) ODOT�REGION 1 -DISTRICT 2A� Dave Austin Jane Estes,Pertna Specialist 17911 NW Evergreen Parkway 5440 SW Westgate Drive,Suite 350 Beaverton,OR 97006 Portland.OR 97221-2414 UTILITY PROVIDERS AN�SPECIAL A6ENCIES PORTLAND WESTERN R/R,BURLINGTON NORTHERNlSANTA FE R/R,OREGON ELECTRIC R/R(Burtington Northern/Santa Fe R/R Predecessor) Robert i.Melbo,President 8 General Manager 110 W. 10th Avenue Albany,OR 97321 � SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS �ATBT CABLE _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer in��.�a�o�Y� Pat McGann pf Pmjeq is WdNn%Mile ofA Transh Rou[e) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner PoRland,OR 97232 1815 NW 169th Place,S-6020 BeaveRon,OR 97005 710 NE Holladay Street �eaveRon,OR 97006-4886 �/ Portland,OR 97232 PORTLAND GENERAL ELECTRIC �/ NW NATURAL GAS COMPANY ✓ VERIZON �QWEST COMMUNICATIONS Jim VanKleek,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Jeri Cella,Engineering 9480 SW Bceckman Road 220 NW Seco�d Avenue PO 8ox 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 PoRland,OR 97209-3991 BeaveRon,OR 97075-1100 Portland,OR 97219 TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 ATBT CABIE c�.E��,�w�n Marsha Butler,Administrative Offices Jan Youngquist,Demographics&Planning Dept. Diana Carpenter 6960 SW Sandburg Street 16550 SW Mer10 Road 3500 SW Bond Street Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Portland,OR 97232 � INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOYERNMENTAI AGREEMENT IF WITHIN 500' OF THE SUBJECT PROPERTT FOR ANYIALL CITY PROJECTS(Project Planner Is Responsible For Indicatiog Parties To Notify). n:bauy�masiers�Request For Comments Non6cai�on�isc 2.doc (Revised: 8-Mar-02) MAILING RECORDS AFFIDAVIT OF MAILING CITYOFTIGARD �'oiruau�tity�llevefoprrterit SfeapingA BetterCommunity I, �Patn'cia G. Lunsf ord, being flrst duly sworn/affirm, on oath depose and say that I am a SeniorActministrative SpeciaCut for the �'ity of 7�rgarcC, 'iNashington County, Oregon and that I served the following: {Checic Appropriale Box(s)Bebw7 ❑x NOTICE OF DECISION FOR: MLP2002-00009/HULTQUIST PARTITION ❑ AMENDED NOTICE (File No.Mame Reference) � City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exhlblt"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Elfhlbit'B",and by reference made a part hereof, on lanuar�l31,2003,and deposited in the United States Mail on lanuary 31,2003, postage prepaid. , , ��J� • % � �7 (Pe on t Prepared Not e) S`�Arl''E O�F O�EG09V' � Coun�y of`Wasjington )ss. f ', City of�igarci' ) ��— Subscribed and sworn/affirmed before me on the � day of , 2003. OFFICIAL SEAL � �.' DIANE M JELDERKS //�� "' �' NOTARY PUBUC-OREGON COMMISSION N�.326578 NfY CUMMISSION EXPIRES SEPT 07,2003 My Commission Expi � v EXHIBiT� NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2002-00009 CITYOFTIGARD HULTQUIST PARTITION CommuratyrUever��nt Shapingl`i BetterCommunity 120 DAYS =3/27/2003 SECTION I APPLICATION SUMMARY FILE NAME HULTQUIST PARTITION CASE NO Minor Land Partition (MLP) MLP2002-00009 PROPOSAL The applicant is requesting a Minor Land Partition to partition one (1) existing 72,293 square foot lot into finro (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 APPLICANT Larry Hultquist OWNER Larry Hultquist 14125 SW Fem Street 14125 SW Fern Street Tigard, OR 97223 Tigard, OR 97223 ZONING DESIGNATION R-7 Medium-Density Residential District The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet Mobile home parks and subdivisions are also permitted outright Some civic and institutional uses are also permitted conditionaily LOCATION 14125 SW Fern Street, WCTM 2S104BC Tax Lot, 00700 PROPOSED PARCEL 1 19,499 Square Feet PROPOSED PARCEL 2 52,794 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 in Section V NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 1 OF 17 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT u mit to t e ngineering epartment organ racy, , ex or review an approval 1 The applicant shall certify his acknowledgement that future building on Parcel #2 will be in compliance with setback requirements based on the shadow plan submitted with this application This shall mean that a home or accessory structure cannot be built across the future property lines, or within the future street alignment This requirement shall be binding on all owners and their assigns of Parcel #2 2 The applicant/owner shall submit and record a reciprocal access and maintenance easement for the access serving Parcel #2 for review The access easement shall reflect a Joint access for Parcels#1 and #2 to SW Fem Street If the existing driveway is not utdized for the �oint access, the existing driveway entrance shall be abandoned once the new driveway is constructed Submit to the Engineering Department (Brian Rager, 639-4171, ext 2471) for review and approval 3 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) 4 The final plat shall show that there wdl be a right-of-way dedication on Fem Street to provide 27 feet from the centerline 5 The applicant shall execute a Restrictive Covenant whereby they a�ree to complete or participate in the future improvements of SW Fem 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 imQrovements 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 6 The final plat shall show an ingress/egress easement across Parcel 1 for benefit of Parcel 2 7 The applicant shall either place the existing overhead utility lines along SW Fern 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 utility lines and will be $27 50 per lineal foot If the fee option is chosen, the amount will be $5,693 00 and it shall be paid prior to approval of the final plat 8 The a plicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the Ci�jr's global posifioning 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 coordmates, 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 NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 2 OF 17 9 Final Plat Application Submission Requirements A Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative B Attach a check in the amount of the current final plat review fee (Contact Planning/En�meering Permit Technicians, at (503) 639-4171, ext 2421) C The final pla and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92 05), Washington County, and by the City of Tigard D The right-of-way dedication for SW Fern Street shali be made on the final plat E NOTE Washington County wdl not begin their review of the final plat until they receive notice from the Engineering Department indicatmg that the City has reviewed the final plat and submitted comments to the apQlicant'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) THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS u mit to t e ngineering epa ment organ racy, , ext or review an approval 10 Prior to issuance of buildin� permits for Parcel #2, the applicanUowner shall provide a site plan that indicates screening for he proposed access driveway from the abutting property 11 Prior to issuance of buddmg permits for Parcel #2, the applicanUowner shall provide documentation from Tualatin Valley Fire and Rescue (NF&R)that indicates that adequate water pressure is available for fire suppression and that fire hydrants are available within 500 feet of the proposed dwelling 12 Prior to issuance of budding permits for Parcel #2, the applicant/owner shall provide a drive that conforms to the turn-around and turnout requirements of Tigard Development Code (TDC) Section 18 705(4) 13 Prior to issuance of buildin� permits for Parcel #2, the applicanUowner shall provide a site plan that shows street trees for he private access drive These trees shall be installed pnor to final buildin� inspection The applicant shall be required to execute a restrictive covenant for future street improvements along SW Fern Street which will include planting of street trees along that frontage 14 Prior to issuance of a building permit, the applicant shall install tree protection fencing around the three existing 12 inch diameter and larg er trees at their dripline The City Forester shall verify that measures have been properly installedbefore any construction activity occurs 15 The 264 caliper inches of replanted trees shall likewise be protected from damage or removal Should any of these trees be damaged or removed, the applicant shall eifher replant a replacement tree of equal size, or pay the fee in-lieu of mitigation 16 If the tree protection guidelmes are not followed, moved after being approved in the field, knocked down during construction, or are removed prior to the end of construction then A The pro�ect will be immediately shut down untd the fencing is reinstalled according to the conditions of approval, B Each impacted free shall be bonded for seven years in the amount of$5,000 per tree, C Corrective action, including but not limited to loosening compacted soil, replacing graded sods, or removing filled soil, shall be undertaken by the appficant to address the damage done m the critical root zone of each tree, and D A fine of $250 per day shall be assessed to the applicant followin� written notification of the violation, until such time that the tree protection measures are reinstated NOTICE OF DEC�SION MLP2002-00009/HULTQUIST PARTITION PAGE 3 OF 17 17 Addresses shall be posted for dwellings on Parcels #1 and #2 at the front of the accessway at the street prior to final building inspection 18 Final budding inspection shall not occur until the screening and accessway trees have been installed as required by Condition 13 Submit to the Engineering Department (Brian Rager, 639-4171, ext 2471) for review and approval 19 Pnor to issuance of budding permit, or a future land use approval on Parcel 2, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UIVDER THE PROCESS AND APPEAL SECTION OF THIS DECISION SECTION III BACKGROUND INFORMATION Pro ert Histo T e su Ject parcel was recently annexed into the City of Tigard The property is designated Medium Density Residential on the Tigard Comprehensive Plan and Zoning Map No other land use approvals were found to be on file Site Information and Proposal Descriptions The sub�ect property is approximately 72,294 square feet and slopes steeply away from the Fern Street right-of-way The site has approximately 207 feet of frontage on SW Fern Street The owner is proposing to partition one additional lot from the northem portion of the subJect site as indicated on the proposed partition plat Parcel #1 (19,499 square feet) includes an existing dwelling that is proposed to remain, in compliance with present setback requirements Parcel #� is a 52,794 square foot undeveloped lot which will be the sub�ect of a future subdivision, once road and utility access is made available from abutting properties The ad�acent properties and surrounding 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 opportunity to comment One email was received from a neighbor of the proposal inquiring about the status of the tree removal violation that occurred in October 2001 That violation was remedied by replantmg an equivalent number of caliper inches, but the neighbor wanted to ensure that these newly planted trees will not be removed as part of this partition request A condition to that effect will be imposed, refer to the discussion under Section 18 790, below 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 b the analysis contained within this administrative decision and through the imposition of conditions o�development approval All necessary conditions must be satisfied as part of the development and buddmg process Therefore, this criterion is met There are adequate public facilities available to serve the proposal, NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 4 OF 17 Public facdities 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 avadable to serve the proposal Therefore, this cnterion 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 & Utdity Improvement Standards) Improvements will be reviewed as part of the permit process and during construction, at which time the appropriate review authority will ensure that City and applicable agency standards are met Based on the analysis in this decision, Staff finds that this criterion is met All proposed lots conform to the specific requirements below The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district The minimum lot width required for the R-7 zoning district is 50 feet Parcel #1 is 207 feet in width and Parcel #2 is 170 feet wide Therefore, this standard has been met The lot area shall be as required by the applicable zoning distnct In the case of a flag lot, the accessway may not be included in �he lot area The minimum lot area requirement in the R-7 zonin district is 5,000 square feet for detached single- family units The proposed partition creates two �2) lots that are 19,499 and 52,794 square feet respectively This critenon 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 that the rear (non-frontage) lot will be accessed via a 20-foot wide access and utdity easement This criterion is met Setbacks shall be as required by the applicable zoning district Setbacks for the R-7 zoning district are as follows front, 15 feet, side, 5 feet, street side, 10 feet, and rear, 15 feet The existing house on Parcel #1 is proposed to remain This new dividing property line will be situated a minimum of 20 feet from the structure and 5 feet from the accessory structure Other setbacks are irrelevant, as no changes to these property lines are being proposed, and if in non compliance are considered non-conforming The setbacks of the R-7 zone are met for the existing house 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 This determination will be made at time of building permit for Parcel #2 Also, as mentioned previously, it is the applicants intent to further subdivide the property, with the new lots all havmg frontage on a new public street 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 prrvacy for abutting lots and to provide usable outdoor recreation areas for proposed development A screen wdl be required as a condition of approval, and wdl be required to be installed as part of the building permit approval for the dwelling on Parcel 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 NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 5 OF 17 The fire district (TVFR) has reviewed the proposal and notes that an additional fire hydrant may be required if any portion of the dwelling is further than 500 feet from the existing fire hydrant The proposed access road is 133 feet and could be longer depending on the location of the new house A condition wdl be imposed to ensure that adequate fire hydrants are avadable 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 The proposed access drive wdl be required to be consolidated with the access to Parcel 1, therefore a reciprocal easement wdl also be required 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 re4uire 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 No variances 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 I RESID NTIAL ZONES STANDARD R-7 Parcel1 Parcel2 Minimum Lot Size - Detached urnt 5 000 sq ft 19,499 sq ft 52 794 sq ft - Duplexes 10 000 sq ft -Attached unit 5,000 s ft Average Minimum Lot Width -Detached unit lots 50 ft 207 ft 170 ft -Duplex lots 50 ft -Attached unit lots 40 ft Maximum Lot Covera e 80% —15°/a Can be met Minimum Setbacks - Front yard 20 ft 37 ft Can be met -Side facing street on corner&through lots 15 ft N/A N/A -Side yard 5 ft 5 ft Can be met - Rear yard 15 ft 30 ft Can be met -Side or rear yard abutting more restrictive zoning district -- N/A N/A -Distance between property Ime and front of garage 20 ft Side Loaded Can be met -Side Yard Setbacks for Fla Lots DC 18 420 050 A 4 e 10 ft N/A Can be met Maximum Hei ht 35 ft 18 ft Can be met Minimum Landscape Requirement 20% —85% Can be met NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 6 OF 17 A minimum lot size of 5,000 square feet is required for each lot The proposed lot sizes of 19,499 and 52,794 square feet meet this standard Parcel #1 contains a smgle-family dwelling that complies with the required R-7 setbacks Parcel #2 is currently vacant A drainfield easement will lie on a portion of Parcel #2, Parcel #2 will be required to connect to sewer at the time of building permit issuance Future development will be reviewed through the building permit process to ensure compliance with the R-7 development standards Setback standards, required by Table 18 510 2 will apply to all future development of the proposed lots Access, Egress and Circulation (18 705) Continuin� obli�ation of property owner The provisions and maintenance of access and e ress stipulated in this title are continuing requirements for the use of any structure or parcel o� real property in the City There are reciprocal access agreements necessary for adequate access to proposed Parcel 2 Owners of each parcel will be under the obligation to provide and maintain access to their own property Specific maintenance provisions wdl be specified in the access easement agreement to be recorded with the partition plat This provision will be met by the imposition of a condition Access Plan requirements No building or other permit shall be issued until scaled plans are presented and approved as provided by this cha�ter 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 #2 The proposed driveway serving Parcel #1 is also shown To reduce the number of driveway approaches onto SW Fern, a neighborhood route, a�oint access wdl be required Joint Access 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 file with the City While an access easement is proposed across Parcel#1, it is not proposed to�ointly serve both parcels However, to reduce the number of access points onto SW Fern, a �oint access will be required A reciprocal access and maintenance agreement will be required to be recorded as part of the partition plat recording Access Management Section 18 705 030 H 1 states that an access report shall be submitted with all new devefopment proposals which verifies design of driveways and streets are safe by meeting adeyuate stackin� needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO Because a Joint driveway wdl be required, no new driveways wdl be created for this partition Parcel 2 may be furEher subdivided in the future at which time this criterion wdl need to be addressed if the driveway is relocated, then an access report shall be required prior to issuance of the PFI permit 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 is that area where queues of traffic commonly form on approach to an intersection The minimum drrveway setback from a collector or arterial street intersect�on shall be150 feet, measured from the right- 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 driveway shall be placed as far from the intersection as possible There are no collector or arterial street intersections within 150 feet of this site NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 7 OF 17 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 No new local residential streets wdl be created by this partition Public street access All vehicular access and egress as required in Sections 18 705 030H and 18 705 0301 shall connect directly with a public or private street approved by the City for public use and shall be maintained at the required standards on a continuous basis All proposed parcels will have access to SW Fern Street, a public street The 20-foot-wide accessway satisfies the 15-foot access width with a minimum of 10 feef of pavement required for up to 2 dwelling units per the dimensional standards in TDC Table 18 705 1 Minimum access requirements for residential use 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 later in 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 m�n�mum 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 134 feet m length An additional 20 feet will be required to traverse the front yard setback area on Parcel #2, for a total minimum len th of 154 feet The applicant/owner will be required to construct a turn around to the aforementioned s�andards at the time of building permit FINDING Based on the analysis above, Staff finds the Access, Egress and Circulation Standards have not been met Demonstration of compliance will 6e assured through the building permit review CONDITIONS . Prior to issuance of building permits for Parcel #2, the applicant/owner shall provide a site plan that indicates screening for the proposed access driveway from the abutting property . Prior to issuance of budding permits for Parcel #2, the applicant/owner shall provide documentation from Tualatin Valley Fire and Rescue that indicates that adequate water ressure is available for fire suppression and that fire hydrants are available within �00 feet of the proposed dwelling . Prior to issuance of budding permits for Parcel #2, the applicantJowner shall provide a drive that conforms to the turn-around and turnout requirements of TDC Section 18 705(4) . Prior to final plat approval, the applicant/owner shall submit and record a reciprocal access and maintenance easement for the access serving Parcel #2 for review The access easement shall reflect a �oint access for Parcels#1 and #2 to SW Fern Street If the existing driveway is not utdized for the �oint access, the existing driveway entrance shall be abandoned once the new driveway is constructed To provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on ad acent streets, upon the finding that the proposed access would cause or increase existing �azardous traffic conditions, or provide inadequate access for emergency vehicles, or cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE S OF 17 As SW Fem Street is desi nated a Neighborhood Route, minimizing the number of driveways entering the street is in the public in�erest and�promotes safety and general welfare The applicant's plans show a second driveway access for Parcel#2 through an easement across Parcel #1 Parcel #1 is served by a separate existing driveway To reduce the number of driveways, one �oint access has been conditioned previously in this decision 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 legal descrip�ion of the property to be developed 1 All sens�tive 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 prrvate s�reets and 5 A lot of at least the size required by�he 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 residentiar units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district C Calculating minimum number of residential units As required by Section 18 510 040, the minimum number of residential units per net acre shall be calculated b multiplying the maximum number of units determined in Subsection B above by 80% (0 8� The standards for density computation address the intensity of residential land uses, typically expressed as the number of housing units per acre The total square foota�ge of the sub�ect property is 72,293 There are no sensitive land areas within the subJect proposal Kowever, to determine the net developable area for purposes of the subsequent subdivision, the square footage to accommodate the existing house on Parcel #1 (rou hly 12,000 square feet�is subtracted from the calculation as well as an assumed 20% of the s�e (14 458 square feet for creation of street rights-of-way This results in a net developable area of 45,$35 square feet s the minimum lot size for the R-7 zone is 5,000 square feet, the maximum num6er of additional residential units (sinc�le-family or dup lex) is nine plus the existing house The minimum num�er of additional lots required is seven The proposed partition will only be creating finro lots, however, a sha oa a has been submitted that shows how the additional density can be accommodated when SW Walnut Lane is extended FINDING Based on the analysis above, the Density Computation Standards have not been met CONDITION To preserve the abdity for future division of Parcel #2, prior to approval of the final plat, the a licant shall certi�y his acknowledgement that future buddin on Parcel #2 will be in compliance with setback re quiremen�ts based on the shadowgplan submitted with this application This shall mean that a home or accessory structure cannot be built across the future property lines or within the future street alignment A modified shadow plan may be submitted provided �he densi�y and street issues can be satisfied This requirement shall be bindmg on all owners and their ass�gns of Parcel #2 Landscaping and Screening (18 745) Street trees Section 18 745 040 ec ion 45 040 A All development pro�ects fronting on a public street, private street or a private drivewa more than 100 feet in fength a proved after tf�e adoption of this title shall be required to plan�street trees in accordance with �he standards in Section 18 745 040C This proposed pro�ect has frontage on SW Fern Street The access drive serving the proposed lot will exceed fhe 100 foot length Therefore, street trees are required along the public street and along the urivate drive and shall be planted in accordance with the standards for size and s acing in this title, nder Section 18 745 040 C Since SW Fern Street is not improved with curbs and s�dewalks along the frontage and wdl undergo a street improvement in the foreseeable future, and since the street improvement has not yet been designed, planting of street trees wdl be deferred untd the street improvements occur FINDING The requirement for planting street trees is not met NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 9 OF 17 CONDITION Prior to issuance of building permits for Parcel #2, the applicant/owner shall provide a site plan that shows street trees for the private access drive These trees shall be installed prior to final building inspection The applicant shall be required to execute a restrictive covenant for future street improvements along SW Fern Street which will include planting of street trees along that frontage Tree Removal 18 790� tree plan or t e p anting, removal and protection of trees prepared by a certified arborist shall be provided for any lot„ parcel or combination of lots or parcels for which a development app l ication for a subdrvision, partition site development review, planned development or conditional use is filed Protection is pre�erred over removal wherever possible The applicant has indicated that there are 3 trees greater than 12 inch diameter on the property None of these trees are proposed for removal However, in October of 2001, several trees were removed illegally, totaling 264 caliper inches As this represented more than 75% of the trees on the property, 100% of the caliper inches were re uired to be mitigated The applicant opted to replant the required number of trees on his property W�ile none of these trees is greater than 12 inches in diameter, they are required to be preserved and maintained as part of continuing compliance for the previous violation Should any of these trees require removal to accommodate the new house or driveway for Parcel #2, or are damaged during the development of that site, those trees shall be either replaced or payment made in-lieu of replanting With regard to the three existing 12 inch trees, the City Forester, notes that protection measures will be required to be installed at the edge of the tree's dripline at a minimum No building permits for the proposed Parcel #2 wdl be issued untd the City Arborist has verified that protection measures have been installed according to these requirements FINDING Based on the analysis above, the Tree Removal Standards have not been met In order to meet the standard the applicant shall satisfy the following conditions CONDITIONS . Prior to issuance of a building permit, the applicant shall instail tree protection fencing around the three existing trees at their dripline The City Forester shall verify that measures have been properly installed before any construction activity occurs . The 264 caliper inches of replanted trees shall likewise be protected from damage or removal Should any of these trees be damaged or removed, the applicant shall either replant a replacement tree of equal size, or pay the fee in-lieu of mitigation . If the tree protection guidelines are not followed, moved after being approved in the field, knocked down during construction, or are removed prior to the end of construction then A The pro�ect will be immediately shut down untd the fencing is remstalled according to the conditions of approval, B Each impacted tree shall be bonded for seven years in the amount of$5,000 per tree, C Corrective action, including but not limited to loosening compacted soil, replacin graded sods, or removing filled sod, shall be undertaken by the andlican� to address the damage done in the critical root zone of each tree, D A fine of $250 per day shall be assessed to the applicant following wntten notification of the violation, untd such time that the tree protection measures are reinstated Visual Clearance Areas 18 795) �Fiis C�ter require�at a ear vision area shall be maintained on the corners of all property a d�acent to intersecting rig h t-o f-ways or t he in tersec tion of a public street and a private driveway A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or NOTICE OF DECISION MLP2002-00009MULTQUIST PARTITION PAGE 10 OF 17 temporary or permanent obstruction exceed�ng three (3) feet in height 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 below eight (8) feet are removed A visuaf clearance area is the trian�ular area formed by measuring from the corner, 30-feet along the right-of-way and along the driveway and connecting these two points with a straight line The applicant's site plan shows the vision clearance triangles for the proposed lots There does not appear to be any obstructions within this vision clearance area The vision clearance standards are met Impact Studv (18 390) Sectio�8 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 prope� dedication is not roughly proportional to the proJected impacts of the development Section 1 390 040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public The applicant has submitted an impact study The applicant wdl not be required to physically improve SW Fern Street but will be required to submit a waiver of remonstrance for future participation in a Local Improvement District (LID) for street improvements on SW Fem to mitigate for the addition of 10 vehicle trips from the site The applicant has designated a septic dramfield area to allow for continued use of the existing septic system for Parcel#1 However, the new home on Parcel #2 will be required to connect to sewer A utility easement has been shown to account for this Sewer is already available across Fern Street and has sufficient capacity to serve the development Other impacts to public facilities are offset by the collection of Systems Development Charges (SDC's) collected at the time of building 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 prepared by Mr David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system The applicant will be required to pay TIF's of approximately$2,260 per new dwelling unit Based on the estimate that total TIF fees cover 32 percent of the impact on ma1or street improvements citywide, a fee that would cover 100 percent of this proJects traffic impact is $7,062 50 ($2,260 divided by 32) The difference befinreen the TIF paid, and the full impact, is considered the unmitigated impact on the street system As the present nght-of-way does not meet current standards, an additional two feet will be required for dedication along the entire frontage (approximately 414 square feet) The approximate value of unimproved residentially zoned property is $3 00 per square foot, for a total cost of $1,242 The unmitigated impact of this pro�ect on the transportation system is $5,820 50 Since the unmitigated impacf remaining is $3,560 50 ($7062 50-$2,260-$1,242) the required exaction is propor�ionate NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 11 OF 17 PUBLIC FACILITY CONCERNS Street And Utility Improvements Standards (Section 18 810) ChaQter 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 3�-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 Fem Street, which is classified as a neighborhood route on the City of Tigard Transportation System Plan Map At present, there is approximately 20 feet of ROW from centerline, according to fhe most recent tax assessor's map The applicant should dedicate additional ROW to provide a minimum of 27 feet from the centerline The applicant's plan shows that this will be accomplished with the final plat SW Fem Street is paved but not fully improved to City standards Tigard Municipal Code (TMC) 18 810 030(A)(1) states that streets within a development and streets adjacent shall be improved in accordance wl}h City standards However, 18 810 030�A)(5) states that the City may accept a future improvement �uarantee 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 traffic on the roadway, the 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 add�tion, 18 810 030(A)(5)(e) stafes 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 required to enter into an agreement with the City whereby the owner agrees to participate in any future widenmg proJect for the street carried out by tfie City, a third party, or through a local improvement district This agreement must be executed prior to approval of the final plat The applicant has been coordinating with Marv Bowman, who recently obtained a partition approval for the parcel immediately to the west of this site The Bowman partition also separated a large piece of land for future subdividing The applicant and Bowman mtend to subdivide, which will result in the easterly extension of SW Walnut Lane, a local residential street that intersects with Ascension Drive The extension of Walnut Lane wdl be necessary to provide adequate access to the future subdivided lots No improvements to Walnut Lane are necessary or required for this partition 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 building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography Block Sizes Section 18 810 040 B 1 states that the penmeter 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-existin development or, . For blocks ad�acen� to arterial streets, limited access highways, ma�or collectors or railroads . For non-res�dent�al blocks in which internal public circulation provides equivalent access NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 12 OF 17 No streets are being proposed with this partition request, 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 �recluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code This standard is not applicable Lots - Size and Shape Section 18 810 060�A) prohibits lot depth from bein� more than 2 5 times the average lot width, unless the parcel is �ess than 1 5 times the minimum lot size of the applicable zoning district The lot width of Parcel 2 is 170 feet with a depth of 295 feet or roughly 1 75 times The lot width of Parcel 1 is 206 feet with a depth of approximately 100 feet, or roughly Q 5 times 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 Parcel 1 has 206 feet of frontage, and Parcel 2 has a proposed 20 foot wide access easement Sidewalks Section 18 810 070 A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets Private streets and industrial streets shall have sidewalks on at least one side By providing the future improvement guarantee for Fern 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 b� Clean Water Services in 1996 and including any future revisions or amendments) and the adop ed policies of the comprehensive plan Over-sizin� Section 18 810 090 C states that proposed sewer systems shall include consideration of additional development within the area as proJected [�y the Comprehensive Plan There is an existing 8-inch sewer line in Fern Street and a public sewer line in the terminus of Walnut Lane The existing home is served by a septic system, and could remain on that system until such time Parcel 2 is subdivided The applicant is prepared to install a pump system in the existing house that would allow connection to the Fern Street line When Parcel 2 is subdivided in the future, the sewer line in Walnut Lane can be extended to serve the future lots Storm Dra�nage 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 18 810 100 C states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or oufside 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 amendmen{s) NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 13 OF 17 There are no existmg upstream drainageways that affect this site Effect on Downstream Drainage Section 18 810100 D states that where it is anticipated by the City Engineer that the additional runofF resulting from the development will overload an existing draina�e facility, the Director and Engineer shall withhold approval of the develoQment 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) There will be no impact on the public drainage system with this partition When Parcel 2 is subdivided, the applicant will need to submif a formal storm drainage plan for that development There is an existing public storm dramage system to the northeast of the site that can be accessed via an offsite easement across the parcel to the east The applicant is currently negotiating with that owner for a future easement No storm drainage improvements are needed now for the partition Bikeways and Pedestrian Pathways Bikeway Extension Section 18 810110 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 Fern Street is not considered a bicycle facility 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 This standard is not applicable Minimum Width Section 18 810110 C states that the minimum width for bikeways within the roadway is five feet er bicycle travel lane Minimum width for two-way bikeways separated from the road is eight fee� This standard is 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 surface mounted transformers, surface mounted connection boxes and meter cabinets which may be laced above round tem porary utility service facilities during construction, high capacity elec�ric lines opera�ing at�50,OOU volts or above, and . The developer shall make all necessary arrangements with the serving utility to provide the underground services . The City reserves the righ�to approve location of all surface mounted facilities, . All underground utilities, including sanitary sewers and storm drains installed in streets b the developer, shall be constructed prior to the surfacing of the streets, and . S�ubs'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 develop er shall pay a fee in-lieu of under roundin costs when the development is proposed to take pface on a street where existing util�ies whic� are not under round will serve the development and the ap roval authority determines that the cost and �echnical difficulty of under-g rounding the u�IPties outweighs the benefit of under�rounding in con�unction with the deveTopment The determination shall be on a case-by�ase 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 fac�lities 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-ground�ng There are existing overhead utdity lines along the frontage of SW Fern Street If the fee in-lieu is NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 14 OF 17 proposed, it is equal to $27 50 per lineal foot of street frontage that contains the overhead lines The frontage along this site is 207 lineal feet, therefore the fee woufd be $5,693 00 ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS Public Water S stem This site is loca ed wit in the City's water service area There is a public water line in Fem Street that can serve the site, and another line stubbed out in Walnut Lane that can serve the future subdivision of Parcel 2 No additional public water line work is needed to serve this partition Storm Water Qualitv 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 When Parcel 2 is subdivided in the future, a water quality facility wdl be required for that development Since no structures wdl be added to this site untd that subdivision occurs, there are no requirements for this partition Address Assi nments The City o 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 prior to approval of the final plat For this pro�ect, the addressing fee will be $30 00 Surve Re uirements The app icant s ina p at shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positionmg system (GPS) geodetic control network (GC 22) These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north These coordinates can be established by . GPS tie nefinrorked to the City's GPS survey . By random traverse using conventional surveying methods In addition, the app licant's 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 Coordmates, referenced to NAD 83 (91� SECTION VI OTHER STAFF COMMENTS City of Tigard Police Department has reviewed the proposal and has no ob�ections to it City of Tigard Forester has reviewed the proposal and mdicates that whde no mitigation will be required, a tree protection plan must be submitted clarifying how the trees to remain will be preserved Additionally, several recommended conditions of approval were submitted RESPONSE These conditions will be incorporated into this decision NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 15 OF 17 City of Tigard Water Department has reviewed the proposal and notes that the gravity pressure at this location is 55 psi, and the hi�h pressure system is approximately 80 psi Furthermore, there are fire protection concems as the existing house is some distance from a fire hydrant RESPONSE This is discussed in further detad under the Agency Comments for NF&R City of Tigard Operations Department has reviewed the proposal and has concerns related to the size of the proposed storm water detention pond RESPONSE The proposed storm water detention pond was shown on the shadow plan as a conceptual idea �4s this partition is only creating two lots, storm water detention is not required Sizing of the detention pond upon subsequent land division will be reviewed as part of that application SECTION VII AGENCY COMMENTS Clean Water Services comments have been discussed above under Public Facdity Concerns 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 of the first story of the building as measured by an approved route around the exterior of the budding An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet (UFC Sec 902 2 1) FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE Fire apparatus access roads shall have an unobstructed width o not less than 20 eet 15 feet for one or finro dwellin units and out buddmgs), and an unobstructed vertical clearance of not less than 13 feet 6 inches �UFC Sec 902 2 2 1) SURFACE AND LOAD CAPACITIES Fire apparatus access roads shall be of an all-weather surface t at is easdy istinguis a e rom t e surroundmg area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 50,000 pounds live load (gross vehicle weigi�t) You may need to provide documenta}ion from a registered engineer that the design wdl 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) TURNING RADIUS The inside tuming radius and outside turnin radius shall be not less than 25 feet and 45 eet respectively, measured from the same center point �JFC Sec 902 2 2 3) GRADE Private fire apparatus access roadway grades shall not exceed an average grade of 10 percent with a maximum rade of 15 �ercent for lengths of no more than 200 feet Intersections and tumarounds shall be level �maximum 5/o with the exce ption of crowning for water run-off Public streets shall have a maximum grade of 15% (U�C Sec 902 2 2 6) SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS Fire hydrants for single family dwellings, du lexes and sub-divisions, shall be placed at each intersection Intermediate fire hydrants are required i�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) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW The minimum avadable fire flow for single amily dwellings and duplexes shall be 1,000 gallons Qer minute If the structure(s) is(are 3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix able A-Iil-A-1 (UFC Appendix III-A, Sec 5) RESPONSE The applicant will be required to provide documentation that NFR has reviewed and approved the fire flow documentation and fire hydrant placement NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 16 OF 17 1 SECTION VIII PROCEDURE AND APPEAL INFORMATION Notice Notice was maded to X The applicant and owners X Owner of record within the required distance X Affected govemment agencies Final Decision THIS DECISION IS FINAL ON JANUARY 31, 2003 AND BECOMES EFFECTIVE ON FEBRUARY 15, 2003 UNLESS AN APPEAL IS FILED T�A eal ector'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 Communitx 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 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 tF�e 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 FEBRUARY 14, 2003 Questions I yo� u have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171 �' ' � January 31, 2003 PREPARED BY Morgan Tracy DATE Associate Planner \\hg333\usr�depts\curpintrnorgan\workspaceUnlpMIp2002 00009(hultqwst)UnIp2002-00009 deGSion draft doc NOTICE OF DECISION MLP2002-00009/HULTQUIST PARTITION PAGE 17 OF 17 i � CR�S � -0 � • ' ' OEOOR�PHIC INiORMATION SVSTEM s��tic. 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(`') 6 F�B�NDR�/ /' x '7 F�RL1f�11 I R0� c 1 ilT � G` 9'� I� !I ] \ m � 7ga A Area Map / m x i n m `" � cZi� N 5 � w z v 0, � � 0 200 400 6� Feel h 00 d, 1=408 feel K SW JENSHIRE �- a � ° SW_LAU N LN C�ty of Tigard Informatron on lhis map is for general locahon only and A �NADR sFwuld be veAfied Nnlh the Oevelopment Services Drvision 13125 SW Hall Bivd Tigard OR 97223 �� Ml Fll I CT I � csos�sas-a,�, � htip IAvww ci ugard or us Community Development Plot date Dec 3 2002 C\magic\MAGIC03 APR N 89 2B I6 E 1700J � � � �� I � I I ' I 1`0 �� I \ � PPO'OSEJ \ �„�rt 2 i 2 [aEs � O — ui �J� � v o m C � _ �n � P 8 �p� H v N � 01 — W � � N a 0 12 hf'IPl ■ lu r.tP\F y J � Y� sa�oa oe � - - - - - -�- ea�s Q p90o05EJ RAAFiE 0 l A E EA FOR hl — 5�0 dE IEfl GF P aCEI� / / d fl V � E � /-, t� � � � I l30�� ^ 11 51� � /w I � r � u5� — / 0 /' � 3� r I �C / µ/c�/� / F�'�\ I�_I� � �� GPP �iar��--- � \ ,\ o � I� �/ �� / AfETEP zo�roe aaess � � Q i � P40POS�G i�� a�ro urniir EASEAIENT FOA TNE � I I / NFlRCFL ! � � —E O � BENEFIT OF PARC'1 2 I I / 19 39 50UaqE F ��d I/�EN� � \ r0 BE EXilnOW5ME0 ' � F P.1flCEL 15 � I �G�' ROCH / / p015EN SUtl OIVDEO �' I I �' �a��f�' POLE u1iH _�_ 0 � GUY riFE � � �f' I I PlAN7 R / ��pILHt OF !0.Y N PqOPO5E7 SANITnRY �I I I- 1\ �R A / � / SE41YR .17 F!1 �� \ { /{, //�`� � / � '' PAOiO EO G45 ` I � \ ��' s I SANR4RY SEU(H IqNhOL SE�CELINE �� ` � I'y \ J/ i / �>�\ RIM IEVA 01l31T7 ; / / �\O� IE 3019� PqOGOSEJ lY iER L NE ` I I I f � �S Y � � �5411iMY SIYER HFMIIXE � aIM ELEVpnON J20.ae I � ('`� VAT�R \ LE JIa9 i ,�q�`Y v % vd E � I N �L�V / \ s `a � �///C(�(L�'/j/ � 0 1 �!' ,y / GOIEP I 6 �+ L �; r Pq.E� i 9 J I /v/ /( Ip i�4 j�/a� LEGEND . 3 9 �V.�j��/ ��i. EDGE OF VL t N / /N��G� r EOGECFG�tE '-' -- ' ' ""- � �j �/ 5lILRYSlE9 N --- ---5--`-- � � S I 0 I O i _ _ ' _ � OLFRN i.�0'EH LI4E — E- 6� I ,�� E �S�js��'� / e��0. sw IT� �� 1��D � MLP2002-00009 sa�� (Map is not to scale) Larry Hultquist EXHIBIT_,�,_ 14125 SW Fern Street MLP2002-00009 Tigard, OR 97223 HULTQUIST PARTITION Gerard Bulman 14297 SW Walnut Lane Tigard, OR 97223 � � � AFFI DAVIT 0 F MAI LI N G CITY OF TIGARD �onunumty�DeveCopneent SfiapingA BetterCommunity I, �Patricia L. Lu�ord being first duly sworn/affirm, on oath depose and say that I am a SeniorAdminirtrativeSpeciaCut for the �ity of7"�gar , `Was(tington County, Oregon and that I served the following: {Gheck Apqopnate Box(5)8ebw) ❑x NOTICE OF DECISION fOR: MLP2002-00009/HUITQUIST PARTITION O AMENDED NOTICE (File NoJName Reference) � City of Tigard Planning Director A copy of the said notice being hereto attached, marked EXhlblt"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhlblt"B",and by reference made a part hereof, on lanuarY 31.2003,and deposited in the United States Mail on lanuarl�31,2003, postage prepaid. _ • �� (Person repared Noti ) ,57,A�E O�F O�ECjON ) Coun�y of`Wasjington )ss. City of�igarcf ) Subscribed and sworn/affirmed before me on the��day of , 2003. OFFIC�AL SEq� �,�. DIANE M JELDERKS '�NOTqRy pUBLIC-0REGON COMMISSfON NO.326,78 MY COMMISSION F�(p�RES SEPT.p7,2pp3 My Commission Expires: � r � EXHIBIT� NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2002-00009 CITYOFTIGARD H U LTQU IST PARTITION Commumty�DeveCopment Shaprng�BettcrCommuraty 120 DAYS =3/27/2003 SECTION I APPLICATION SUMMARY FILE NAME HULTQUIST PARTITION CASE NO Minor Land Partition (MLP) MLP2002-00009 PROPOSAL The applicant is requesting a Minor Land Partition to partition one (1) existing 72,293 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 APPLICANT Larry Hultquist OWNER Larry Hultquist 14125 SW Fern Street 14125 SW Fern Street Tigard, OR 97223 Tigard, OR 97223 ZONING DESIGNATION R-7 Medium-Density Residential District The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet Mobile home parks and subdivisions are also permitted outright Some civic and institutional uses are also permitted conditionally LOCATION 14125 SW Fern Street, WCTM 2S1046C Tax Lot, 00700 PROPOSED PARCEL 1 19,499 Square Feet PROPOSED PARCEL 2 52,794 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 findmgs 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 or copies can be obtained for twenty-five cents (25�) per page, or the current rate charged for copies at the time of the request SECTION III PROCEDURE AND APPEAL INFORMATION Notice Notice mailed to X The applicant and owners X Owner of record within the required distance —� Affected government agencies Final Decision , THIS DECISION IS FINAL ON JANUARY 31, 2003 AND BECOMES � EFFECTIVE ON FEBRUARY 15, 2003 UNLESS AN APPEAL IS FILED A��eal The Director's Decision is final on the date that it is mailed All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18 390 040 G 1 may appeal this decision in accordance with Section 18 390 040 G 2 of the Tigard Community Development Code which provides that a 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 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 FEBRUARY 14, 2003 Questions Fo��er information please contact the Planning Division Staff Planner, Morgan Tracy at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 — - - --- - � - - —� -�� s \ k�4N�— _� YICINITY MAP �°� /�r �� _J U�I I = /o-o3y � �,�-/Ef`�/�/1 �-��[�L�'�s MLP2002 00009_ e �� sr y J � '�� -��-� __—_ �3 � ________ � � � ,��A�� '��, , -' HULTQUIST PARTITION - �� . � � , ��1r = I � S� � l � � _ - - � � T w � $ _ � - � LsiTe I , � �� aa � � � T�N � ' � �, �o _� � I __� � J �k � L I ��I�- � T i a l� I_ I F� �\\7 �x�l_ �'"'.-�� 1L. �l Rtl -57I— L /� I I \� � ��7R�J-= -� �� J � �� 1 � �� _� � -�� , � �� , ,� � � �;?� r��`��w � ---a�� —" J il� a -� � � - _-� �, � \i� � �, -I�- I I r I� ; _� _� __�,�� i�`�� I= �� I I i � �" '" 1 -� --�- - ' � —��d��R�--ZN � �-�-� L-- � � T� �,�1� �r � ,—�I l_ � �L ail�-�i � �„ _ �ry �T�� ,� �� -�! a.�, �-�� <'/� �-� -- i i � i � ��, � �' Z i O � p z 5 � ° s � a Z - -- — 'Z — — _ `- _ ` __ b M � � a �� o �i s�� F � � ,�/ � `:a� O i r � � ...o � � "F �� .�// ~— O V �.�, li�� // /�\` � � i � .�.., � �I�I� /'�f, � � b�� Y"�v� I' /� / _ i p\ � �W � `lj �ccerm r r,A �o�/ �... �.�._-- �,��' c'YY OF TIGAI;D � MLP2002 00009 S�TE PLAN (Map�s not to scale) N , _ r � AHMED SYED T& BOHAN HOMAS D& �H1B�T� RYAN SARAH M DIANE E 12625 SW ASCENSION DR 14115 SW FERN TIGARD OR 97223 TIGARD OR 97223 2S104B6 07900 2S104BC 00800 ALBERTSON S INC#576 BOWMAN MARVIN S PO BOX 20 13875 SW 158TH TER BOISE ID 83726 TIGARD OR 97224 S104BB 0820 2S104B8-01600 AL N S INC#576 BRIDGMAN HAROLD&JOAN PO BOX 14359 SW WINDSONG CT �ISE ID 837 TIGARD OR 97223 2S104BB-03800 2S104BC 00200 ANOKHIN VLADIMIR B&NINA B& BRIDGWATER DAVID R AND ANOKHIN VLADiMIR V LORENE S 14092 SW LIDEN DR 13995 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S704B8-07300 2S104BC-01300 ATKINSON DONALD C&JACQUELINE BRIGHT WILLIAM ALBERT 14323 SW WINDSONG 14444 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S 104BA-04100 2S 104BC-04000 AYERS GARY L BULMAN GERARD H&MARNA E 12490 SW 141ST PL 14297 SW WALNUT LN TIGARD OR 97223 TIGARD OR 97223 2S1046A-06900 2S104B8-03400 AYTES TIMOTHY J& CARPENTER LINDA L AYTES KRISTINA M 14184 SW STARDUST LN 13973 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97223 2S104BA 03900 2S104BB 04000 BEATTY MARK&DENA CASSITY LORI A 14012 SW NORTHVIEW DR 14060 SW LIDEN DR TIGARD OR 97223 TIGARD OR 97223 2S104BA-03800 2S104BA 1000 BERGEY BRUCE C LE L NO 2 OWNERS OF 7700 SW RIVER RD LOT 6 HILLSBORO OR 97123 2S 7 04B6-01000 2S 104BB-02400 BOESEN JOHN EDWARD&MARTHA K CHO JOSEPH AND SOOK 14301 SW WINDSONG CT 14174 SW WINDSONG DR TIGARD OR 97223 TIGARD OR 97223 ! 2S 1046 B-00900 2S 104BB-03700 CHRISTENSEN LARRY L 8 CINDY M FARQUHAR TERESSA 14293 SW WINDSONG CT 14104 SW LIDEN DR TIGARD OR 97223 TIGARD OR 97223 2SioaBB-ozsoo 2StoaeC osaoo COLLINS LANNY L&BARBARA G FREEMAN EDWARD F&JENNEE R 14158 SW NORTHVIEW DR PO BOX 1754 TIGARD OR 97223 LAKE OSWEGO OR 97035 2S 104BC-01900 2S 104BA-04300 COOPER RONALD W GLASS LIZ J ELAINE E 13946 NORTHVIEW 14120 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 zsi oaBB-oz000 2S i oaBC-oazoo COUMES PAUL A 8 SANDEE K GRAHAM CYNTHIA A 14268 SW WINDSONG CT 14322 SW WALNUT LN TIGARD OR 97223 TIGARD OR 97223 2S104BB-01900 2S104BB-00400 CROWLEY PATRICK J&AMY JO HARRINGTON CLAYTON L 14294 SW WINDSONG CT 10006 SW 72ND AVE TIGARD OR 97223 TIGARD OR 97223 2S 1048C-05200 2S 7 04BB-07700 DEBOIS DREW S 8 PATRICIA A HENNEMAN GLEN T&LISA M 12878 SW ASCENSION DR 14093 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97223 2S104BA-04000 2S104BB-03500 DOWSETT MARK S&CAROLE D HOBSON MARK&KERRI 13982 SW NORTHVIEW DR 14152 SW STARDUST LN TIGARD OR 97223 TIGARD OR 97223 2S 104BC-03700 2S 104BC-01700 DUTCHER RYAN D 8 HOHNBAUM MICHAEL LEE 8 KARI ROC BECKWITH CYNTHIA A 14160 SW FERN ST 14363 SW WINDSONG CT TIGARD OR 97223 TIGARD OR 97223 2S104BB-02100 2S104BA 07200 DUTHIE JILL K HOLT RAMON L&JEANNE U 14232 SW WINDSONG CT 14030 SW LIDEN DR TIGARD OR 97223 TIGARD OR 97223 2S 104B8-03200 2S 1048C-04500 ELLIS JAMES R& HOWIE DANIEL R& CLAWSON ELYSE HOWIE KELLI S 3265 DUNCAN DR 14293 SW LUKAR CT LAKE OSWEGO OR 97035 TIGARD OR 97223 � 2S 1046C-00700 2S 104BC-0O500 HULTQUIST LARRY A LUDLUM ROBERT S 5575 SE MONROE 14065 SW FERN ST MILWAUKIE OR 97222 TIGARD OR 97223 2S 7 04BC-04300 2S 1048C-01500 JENSEN RONALD D 8 ANN H TRS LUDLUM ROBERT S 14340 SW WALNUT LN LUDLUM JOANN TIGARD OR 97223 14065 SW FERN ST TIGARD OR 97223 2S�oaBC-o2too 2 toaBC-0o400 JUNGWIRTH RANDY P L M BERT S 1450 SE POWELL BLVD JOAN PORTLAND OR 97202 140 SW F ST T ARD OR 97223 2S 1048C-04800 2S 1048C-00300 KASTEN JEFFERY S&NANCY A L LUM R ERT S AND 12748 SW ASCENSION DR JOA TIGARD OR 97223 1406 RN ST T ARD OR 223 2S 104BB-01400 2S 104BC-02800 KELLY BARBARA S TRUSTEE LUTOSTANSKI NICOLE 14335 SW WINDSONG CT 14399 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S 1048A-07100 2S 1048B-07600 KRESL MICHAEL J 8 LAURIE M MALCOLM STEPHANIE L 14055 SW NORTHVIEW DR 14079 SW NORTHVIEW DR TIGARD OR 97223 PORTLAND OR 97223 2S104BB-00700 2S104BC-01800 KRUMM TERRY J 8 LORI L MANOR JON C 14327 SW WINDSONG CT 14150 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S 104BC-03900 2S 104BA-07000 LAPP RICHARD O&JAMI R MARTINEZ RAUL 8 REGINA 14333 SW WALNUT LN 14027 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97223 2S 1046C-03500 2S 104B8-01500 LIM EUNKYONG KRIS&SUNG SOO MARX ELIZABETH D& 14387 SW WINDSONG CT VIRGILIO CATHERINE TIGARD OR 97223 14341 SW WINDSONG CT TIGARD OR 97223 2510488-00300 2S104BC-05000 LINDSTROM DIANE M MCCARRY SHERI 14194 SW NORTHVIEW DR 12816 SW ASCENSION DR TIGARD OR 97223 TIGARD OR 97223 2S 7 04 B B-03600 2S 104BC-02300 MCCOURT MARY D NOLAND THOMAS A 8 LINDA M 14120 SW LIDEN CT 14000 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S 1048 B-03900 2S 104B B-04200 MCRAE KENNETH&CAROLYN O BRIEN WM G 8 ELAYNE S 14086 SW LIDEN DR 14051 SW LIDEN DR TIGARD OR 97223 TIGARD OR 97223 2S104BB-04300 2S704B8 07500 MEDINA JESSE R&JACQUELINE A PEDDICORD DENNIS&ELIZABETH TANNER SPRINGS ROOM 229 13696 SW WHITE CEDAR PL 23000 HORIZON DR TIGARD OR 97223 WEST LINN OR 97068 2S�oaeB-oz2oo 2s�oaBB-o2soo MINOR CRAIG NEWTON PELINKA DAVID L AND FRANCES E 14210 SW WINDSONG CT 14119 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97223 2SioaB6-oaioo 2SioaBB-o2600 MOSS WILLIAM PENDERGAST WILLIAM G III 14048 SW LIDEN DR 14134 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97223 2S 104BC-03200 2S 1048C-05100 MOWERY JAMES C& PIJPKER OTTO&GINA WEBER HEIDI 12840 SW ASCENSION DR 12651 SW ASCENSION DR TIGARD OR 97223 TIGARD OR 97223 2S104BB-03000 2S1046B-03100 MUELLER ULRICH M& POINDEXTER STEVEN T&GABRIELLE KAREN E 14133 SW NORTHVIEW DR 14121 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97223 2S 104BA-07300 2S 104 BC-04600 MYERS MARK S PROVOST MARY M 14012 SW LIDEN DR 14330 SW LUKAR CT TIGARD OR 97223 TIGARD OR 97223 2S104B8-01700 2S104BB 07400 NEEL GLASS HEATH 8� READ DORAN L&WENDY J ANDREA 14100 SW NORTHVIEW DR 14328 SW WINGSONG CT TIGARD OR 97223 TIGARD OR 97223 2SioaBB o2aoo 2SioaBC-oaioo NHEM PHANN J AND ALISHA M REICHENBAUGH JERRY D& 14107 SW NORTHVIEW DR SUSAN M TIGARD OR 97223 14300 SW WALNUT LN TIGARD OR 97223 l 2S 7 04 BC-02000 2S 10486-02700 RIDGECREST CONSTRUCTION INC STREGE MELVIN J 8�NELDA J 6600 SW 92ND AVE#210 14116 SW NORTHVIEW DR PORTLAND OR 97223 TIGARD OR 97223 2S 7 046C-03100 2S 104BC-04400 ROWNING LORA S THOMPSON TRACY N& 12689 SW ASCENSION DR WRIGHT ROBERT TIGARD OR 97223 12610 SW ASCENSION DR TIGARD OR 97223 2S104BC-02200 2S104B6-02300 RUNYON ANTHONY J TRAN TAM M& 14040 SW FERN ST TRAN THANH T ET AL TIGARD OR 97223 14196 SW WINDSONG CT TIGARD OR 97223 2S 104BC-04900 2S 104B8-01800 SABATKA GREGORY A TUTHILL WALTER C 8 AGNES H 12764 SW ASCENSION DR 14306 SW WINDSONG TIGARD OR 97223 TIGARD OR 97223 2S1046C-02700 2S104B6-00500 SAHLI MOHAMAD&LOUBNA C UPADHYAY SATISH&SAROJ 2765 SW ASCENSION DR 14170 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97224 2S 104B8-0O600 2S 104BC-03000 SALCEDO MANUEL M&ANA NORMA WAGNER DANIEL J 8 MELISSA J 14215 SW WINDSONG CT 12707 SW ASCENSION DR TIGARD OR 97223 TIGARD OR 97224 2S 104BA-09600 2S 1048C-03800 SEARL KENNETH T&LANI G WALLACE DUNCAN H JR 14029 SW LIDEN DR 14364 SW WINDSONG CT TIGARD OR 97223 TIGARD OR 97223 2S1048B-00800 2S1048C-05 00 SHUREIH TARIQ M W CREEK ESTATES LLC 14269 SW WINDSONG CT TIGARD OR 97223 2S 7 oaBC-0a7oo 2S 1 o4BC-02aoo SICHEL JACQUELINE A WALSH EILEEN A 8 14296 SW LUKAR CT OJEDA JAY TIGARD OR 97224 13998 SW FERN TIGARD OR 97223 2S 104BA-03700 2S 104BC-05300 SMITH SCOTT A&THERESA M WEAVER DEANNA M&MICHAEL T 14066 SW NORTHVIEW DR 12962 SW ASCENSION DR TIGARD OR 97223 TIGARD OR 97223 1 � 2S104BC 03600 WHEELER RICHARD L&JANETTE K 14371 SW WINDSONG TIGARD OR 97223 2S1o4B6-011o0 WILKSON JAMES W& KAREN G 14309 SW WINDSONG CT TIGARD OR 97223 2S�oaBC-o2soo WOLF TIMOTHY L&GINA R 12733 SW ASCENSION DR TIGARD OR 97223 zStoaBC o�soo WOZNIAK JOHN G AND DARLENE M 14200 SW FERN ST TIGARD OR 97223 2Si oaBB-ot 200 WYLY CRAIG W 32293 SW LAKE DR WILSONVILLE OR 97070 2S104BB-03300 ZAMBERLAN JOHN J&DEBORAH 14157 SW NORTHVIEW DR TIGARD OR 97223 � � Jack Biethan 11023 SW Summerfeld Dnve,#4 Tigard, OR 97224 Craig Smelter PO Box 1467 Tualatin, OR 97062 Harold and Ruth Howland 13145 SW Bernsh Tigard, OR 97223 Kevin Hogan 14357 SW 133�d Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136� Place Tigard, OR 97224 Jon Sirrine 12761 SW 133rd Avenue Tigard, OR 97223 Judith Anderson 16640 SW Jordan Way King City, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Barry Albertson 15445 SW 150�Avenue Tigard, OR 97224 TY OF TIGARD - WEST (IT SUBCOMMfiTEE (pg I of I) (i\curpin\setup\labels\CIT West doc) UPDATED March 14 2002 CI�TY OF TiGARD , ' ; � CURRENT PLANNING • t�.�1p�.3 pGR � FB�DC FORTL ��3 13125 SW HALL BLVD. � :;, �, � TIGARD, OR 97223-818g � - - � _�� ___ - .��_ . _ +�� zs,oasa,-ossoo P AYTES TIMOTHY J& AYTES KRISTINA M 6� �� 13973 SW NORTHVIEW DR y � 0� � TIGARD,OR 97223 ,� \� � -- � AY'TE973'* '�72233020 1342 17 02/<�3/p� 3 � NOTIF"{ SE(Ji7ER OP NEE�J ADDRE55 � ,j ' � , � 1305i ' SW�15+-TI-�JAVE 4 > � � PORTLAND OR 97223-06i1 �JXn� �.-»�_ / _ - - -- .. . I F ` •'�f.•• - •�*:-:•±•�'L',�`'^' ii::::1!�I��J�:1�{k�F1'f111�1�11��l��C4kflllllll�ll�i��l�� lflll�lll�1� -- � // ._ . ._...__. .-..._ . . . . . . . . �.. � Q _ _ - Z O � � O � N V � � � � `"i l.1.. > ap � � � � U _ w V � � 1 � � AFFIDAVIT OF MAILING CRYOFTIOARD Commumty�DeveCopment SkapuigA BetterCommuiiity I, �atru�n L Luns orrf, being first duly sworn/affirm, on oath depose and say that I am a Sen�orAdmanutrat�ve SpecucC�rt for the Caty of 7fgar�`fNasFimgton County, Oregon and that I served the following {Check Appropnate Boz(s)Below} ❑x NOTICE OF PENDIN6 LAND USE APPLICATION FOR MLP2002 00009 — HULTQUIST PARTITION ❑ AMENDED NOTICE (FileNo/NameReference) � City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exh�b�t"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 Exh�b�t'B",and by reference made a part hereof, on December 3,2002,and deposited in the United States Mail on December 3,2002, postage prepaid , �� _ � � � (Person that'P ared Notice) S7A�E O F O�Go9V ) County of'WasT sngton )ss �ty of�rigard ) Subscribed and sworn/affirmed before me on the 23~a day of � c�c�„� b P� , 2002 �i��P� �ARY PllBUC-0AECpf� ��Ml�C6 ON IXPIRES MAY 13�,2Qp3 My Commission Expires '� .� oa , , �xHeBir� 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 LAND USEAPPLICATION MINOR LAND PARTITION CITYOFTIGARD Commumty�DeveCopment Skap�n�,a BetterCommumty DATE OF NOTICE December 3, 2002 FILE NUMBER MINOR LAND PARTITION (MLP) 2002-00009 FILE NAME HULTQUIST PARTITION PROPOSAL The applicant is requesting a Minor Land Partition to partition one (1) existing 72,293 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 ZONE R-7 Medium-Density Residential Distnct The R-7 zoning distnct is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet Mobile home parks and subdivisions are also permitted outright 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 14125 SW Fern Street, WCTM 2S1046C, Tax Lot 700 YOUR RIGHT TO PROVIDE WRITTEN COMMENTS Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City THE FOURTEEN (14) DAY PERIOD ENDS AT 5 OO�PM�ON�DECEMBER�.17, 2002 All comments should be directed to Morqan Tracv, 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 JANUARY 21:�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" described in the section above or any other critena believed to be applicable to this proposal, e 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 sufficient specificity on that issue l� 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, wntten 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 " �\- Sk - �� _ — -- — w4��T ��–.�y r YICIMI*Y MAB� I O� Sr\�� INDU� � ��°�p F�J , _ � w MLP2002 00009 � ° ,� � ________ � �3 f � ��> , HULTQUIST PARTITION I � �— _ � �'� � � � p;1, ' � � � l�T��,,� ��1�� a � � r� y -��-��`�, �� _ � _ �- < < � W��h�� _ � _ �SITE __ � i � "9'+ ww �r� '�,%�� (-� -�l_l ` �A� T � � T-- _ � -��fS— �" � T / j ( ° � / � �7 I TI ��r i , ti�(l� t�� I_1� �-� �� - �=" ` � � _ �_ � J _ �� j � � �f � -- -- �, � 1_�� - � . - - �I I___ - I � N - -� � -- � � - �I �—i � - _� �— �,�_� _ _ -�__ ' � , T _�____�__ � Cry� �q� � \ �� r..er a�� - 7 � �� P~�m.�, -�� - ---— 2S 104BC-03300 2S 104BC-0O600 GAfI�� AHMED SYED T& BOHAN THOMAS D& RYAN SARAH M DIANE E 12625 SW ASCENSION DR 14115 SW FERN TIGARD OR 97223 TIGARD OR 97223 2St0aeB o7900 2S�oaBC 00800 ALBERTSON S INC#576 BOWMAN MARVIN S PO BOX 20 13875 SW 158TH TER BOISE ID 83726 TIGARD OR 97224 S 1 oaBB-082o 2S 1 o4BB-0t soo AL N S INC#576 BRIDGMAN HAROLD 8 JOAN P�O�BOX 14359 SW WINDSONG CT t�lJISE ID 837 TIGARD OR 97223 2S 104BB-03800 2S 104 BC-00200 ANOKHIN VLADIMIR B 8 NINA B& BRIDGWATER DAVID R AND ANOKHIN VLADIMIR V LORENE S 14092 SW LIDEN DR 13995 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S 104B B-01300 2S 104BC-01300 ATKINSON DONALD C&JACQUELINE BRIGHT WILLIAM ALBERT 14323 SW WINDSONG 14444 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 251046A-04100 2S1048C-04000 AYERS GARY L BULMAN GERARD H&MARNA E 12490 SW 141ST PL 14297 SW WALNUT LN TIGARD OR 97223 TIGARD OR 97223 2S104BA-06900 2S104BB-03400 AYTES TIMOTHY J& CARPENTER LINDA L AYTES KRISTINA M 14184 SW STARDUST LN 13973 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97223 2S 104BA-03900 2S 104B B-04000 BEATTY MARK&DENA CASSITY LORI A 14012 SW NORTHVIEW DR 14060 SW LIDEN DR TIGARD OR 97223 TIGARD OR 97223 2S104BA 03800 2S104BA 1000 BERGEY BRUCE C LE L NO 2 OWNERS OF 7700 SW RIVER RD LOT 6 HIILSBORO OR 97123 2S 104B B-01000 2S 7 04BB-02400 BOESEN JOHN EDWARD 8 MARTHA K CHO JOSEPH AND SOOK 14301 SW WINDSONG CT 14174 SW WINDSONG DR TIGARD OR 97223 TIGARD OR 97223 . 2S 104BB-00900 2S 104B8-03700 CHRISTENSEN LARRY L 8�CINDY M FARQUHAR TERESSA 14293 SW WINDSONG CT 14104 SW LIDEN DR TIGARD OR 97223 TIGARD OR 97223 2S104B8 02500 2S104BC-03400 COLLINS LANNY L 8 BARBARA G FREEMAN EDWARD F 8 JENNEE R 14158 SW NORTHVIEW DR PO BOX 1754 TIGARD OR 97223 LAKE OSWEGO OR 97035 2S 104BC-01900 2S 7 04BA-04300 COOPER RONALD W GLASS LIZ J ELAINE E 13946 NORTHVIEW 14120 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2StoaBB-02000 2SioaeC-oazoo COUMES PAUL A 8 SANDEE K GRAHAM CYNTHIA A 14268 SW WINDSONG CT 14322 SW WALNUT LN TIGARD OR 97223 TIGARD OR 97223 2S 1 oaB B-01 soo 2S 1 o4B8-0o4o0 CROWLEY PATRICK J&AMY JO HARRINGTON CLAYTON L 14294 SW WINDSONG CT 10006 SW 72ND AVE TIGARD OR 97223 TIGARD OR 97223 2S 104BC-05200 2S 104BB-07700 DEBOIS DREW S&PATRICIA A HENNEMAN GLEN T&LISA M 12878 SW ASCENSION DR 14093 SW NORTHVIEW DR TiGARD OR 97223 TIGARD OR 97223 2S 104BA-04000 2S 1046B-03500 DOWSETT MARK S&CAROLE D HOBSON MARK 8 KERRI 13982 SW NORTHVIEW DR 14152 SW STARDUST LN TIGARD OR 97223 TIGARD OR 97223 2S 104BC-03700 2S 1048C-01700 DUTCHER RYAN D& HOHNBAUM MICHAEL LEE&KARI ROC BECKWITH CYNTHIA A 14160 SW FERN ST 14363 SW WINDSONG CT TIGARD OR 97223 TIGARD OR 97223 2S 7 048B-02100 2S 104BA-07200 DUTHIE JILL K HOLT RAMON L&JEANNE U 14232 SW WINDSONG CT 14030 SW LIDEN DR TIGARD OR 97223 TIGARD OR 97223 2S 104BB-03200 2S 104BC-04500 ELLIS JAMES R& HOWIE DANIEL R 8 CLAWSON ELYSE HOWIE KELLI S 3265 DUNCAN DR 14293 SW LUKAR CT LAKE OSWEGO OR 97035 TIGARD OR 97223 2S1046C-00700 2S1046C-00500 HULTQUIST LARRY A LUDLUM ROBERT S 5575 SE MONROE 14065 SW FERN ST MILWAUKIE OR 97222 TIGARD OR 97223 2S1046C 04300 2S1048C-01500 JENSEN RONALD D 8 ANN H TRS LUDLUM ROBERT S 14340 SW WALNUT LN LUDLUM JOANN TIGARD OR 97223 14065 SW FERN ST TIGARD OR 97223 2S 7 04BC-02100 2 104BC-00400 JUNGWIRTH RANDY P L M BERT S 1450 SE POWELL BLVD JOAN PORTLAND OR 97202 140 SW F ST T ARD OR 97223 2S104BC-04800 2S104BC 00300 KASTEN JEFFERY S&NANCY A L LUM R ERT S AND 12748 SW ASCENSION DR JOA TIGARD OR 97223 1406 RN ST T ARD OR 223 2S 7 04B8-07 400 2S 104BG02800 KELLY BARBARA S TRUSTEE LUTOSTANSKI NICOLE 14335 SW WINDSONG CT 14399 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S104BA 07100 2S104BB-07600 KRESL MICHAEL J&LAURIE M MALCOLM STEPHANIE L 14055 SW NORTHVIEW DR 14�79 SW NORTHVIEW DR TIGARD OR 97223 PORTLAND OR 97223 2S104BB 00700 2S1048C-01800 KRUMM TERRY J&LORI L MANOR JON C 14327 SW WINDSONG CT 14150 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S 104BC-03900 2S 104BA-07000 LAPP RICHARD O&JAMI R MARTINEZ RAUL 8 REGINA 14333 SW WALNUT LN 14027 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97223 2S 7 048C-03500 2S 10468-01500 LIM EUNKYONG KRIS&SUNG SOO MARX ELIZABETH D& 14387 SW WINDSONG CT VIRGILIO CATHERINE TIGARD OR 97223 14341 SW WINDSONG CT TIGARD OR 97223 2S 10488-00300 2S 104BC-05000 LINDSTROM DIANE M MCCARRY SHERI 14194 SW NORTHVIEW DR 12816 SW ASCENSION DR TIGARD OR 97223 TIGARD OR 97223 2S 104B8-03600 2S 104BC-02300 MCCOURT MARY D NOLAND THOMAS A 8 LINDA M 14120 SW LIDEN CT 14000 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S104B8-03900 2S7046B-04200 MCRAE KENNETH 8 CAROLYN O BRIEN WM G&ELAYNE S 14086 SW LIDEN DR 14051 SW LIDEN DR TIGARD OR 97223 TIGARD OR 97223 2S 10468-04300 2S 104BB-07500 MEDINA JESSE R&JACQUELINE A PEDDICORD DENNIS&ELIZABETH TANNER SPRINGS ROOM 229 13696 SW WHITE CEDAR PL 23000 HORIZON DR TIGARD OR 97223 WEST LINN OR 97068 2S 104B6-02200 2S 104B6-02900 MINOR CRAIG NEWTON PELINKA DAVID L AND FRANCES E 14210 SW WINDSONG CT 14119 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97223 2S104BB 04100 2S104B8-02600 MOSS WILLIAM PENDERGAST WILLIAM G I11 14048 SW LIDEN DR 14134 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97223 2S104BC 03200 2S104BC-05100 MOWERY JAMES C 8� PIJPKER OTTO&GINA WEBER HEIDI 12840 SW ASCENSION DR 12657 SW ASCENSION DR TIGARD OR 97223 TIGARD OR 97223 2S104BB-03000 2S104B8-03100 MUELLER ULRICH M& POINDEXTER STEVEN T&GABRIELLE KAREN E 14133 SW NORTHVIEW DR 14121 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97223 2S104BA-07300 2S 104BC-04600 MYERS MARK S PROVOST MARY M 14012 SW LIDEN DR 14330 SW LUKAR CT TIGARD OR 97223 TIGARD OR 97223 2SioaBB-017oo 2Sioaee-07aoo NEEL GLASS HEATH& READ DORAN L&WENDY J ANDREA 14100 SW NORTHVIEW DR 14328 SW WINGSONG CT TIGARD OR 97223 TIGARD OR 97223 2SioaBB-ozaoo zsioaBC-oaioo NHEM PHANN J AND ALISHA M REICHENBAUGH JERRY D& 14107 SW NORTHVIEW DR SUSAN M TIGARD OR 97223 14300 SW WALNUT LN TIGARD OR 97223 2S 104 BC-02000 2S 104BB-02700 RIDGECREST CONSTRUCTION INC STREGE MELVIN J&NELDA J 6600 SW 92ND AVE#210 14116 SW NORTHVIEW DR PORTLAND OR 97223 TIGARD OR 97223 2S104BC-03100 2S1046C 04400 ROWNING LORA S THOMPSON TRACY N& 12689 SW ASCENSION DR WRIGHT ROBERT TIGARD OR 97223 12610 SW ASCENSION DR TIGARD OR 97223 2S 7 04BC-02200 2S 10468-02300 RUNYON ANTHONY J TRAN TAM M& 14040 SW FERN ST TRAN THANH T ET AL TIGARD OR 97223 14196 SW WINDSONG CT TIGARD OR 97223 2S t oasC-0asoo zs i oaBB-o�aoo SABATKA GREGORY A TUTHILL WALTER C&AGNES H 12764 SW ASCENSION DR 14306 SW WINDSONG TIGARD OR 97223 TIGARD OR 97223 2S104BC-02700 2S104BB-00500 SAHLI MOHAMAD&LOUBNA C UPADHYAY SATISH&SAROJ 2765 SW ASCENSION DR 14170 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97224 251048B-00600 2S104BC-03000 SALCEDO MANUEL M 8 ANA NORMA WAGNER DANIEL J&MELISSA J 14215 SW WINDSONG CT 12707 SW ASCENSION DR TIGARD OR 97223 TIGARD OR 97224 2S 104BA-09600 2S 104BC-03800 SEARL KENNETH T&LANI G WALLACE DUNCAN H JR 14029 SW LIDEN DR 14364 SW WINDSONG CT TIGARD OR 97223 TIGARD OR 97223 2S104BB-00800 2S1048C-05 00 SHUREIH TARIQ M W CREEK ESTATES LLC 14269 SW WINDSONG CT TIGARD OR 97223 2S�oaBC-0a70o 2S�oaeC-o24o0 SICHEL JACQUELINE A WALSH EILEEN A& 14296 SW LUKAR CT OJEDA JAY TIGARD OR 97224 13998 SW FERN TIGARD OR 97223 2S 104BA-03700 2S 104BC-05300 SMITH SCOTT A 8 THERESA M WEAVER DEANNA M 8 MICHAEL T 14066 SW NORTHVIEW DR 12962 SW ASCENSION DR TIGARD OR 97223 TIGARD OR 97223 2S 7 048C-03600 WHEELER RICHARD L&JANETTE K 14371 SW WINDSONG TIGARD OR 97223 2S104BB-01100 WILKSON JAMES W& KAREN G 14309 SW WINDSONG CT TIGARD OR 97223 2SioaBC-o2soo WOLF TIMOTHY L&GINA R 12733 SW ASCENSION DR TIGARD OR 97223 2S104BC-01600 WOZNIAK JOHN G AND DARLENE M 14200 SW FERN ST TIGARD OR 97223 2SioaBB-o�2o0 WYLY CRAIG W 32293 SW LAKE DR WILSONVILLE OR 97070 2S 104BB-03300 ZAMBERLAN JOHN J&DEBORAH 14157 SW NORTHVIEW DR TIGARD OR 97223 Jack Biethan 11023 SW Summerfield Dnve, #4 Tigard, OR 97224 Craig Smelter PO Box 1467 Tualatin, OR 97062 Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133�d Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Jon Sirnne 12761 SW 133rd Avenue Tigard, OR 97223 Judith Anderson 16640 SW Jordan Way King City, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Barry Albertson 15445 SW 150�Avenue Tigard, OR 97224 TY OF TIGARD - WEST CIT SUBCOMMITfEE (pg I o( I) (i\curpin\setup\labels\CIT West doc) UPDATED March 14 2002 �� CRI ST- T � • ' ' � OEOORAPH C 1 FORMATION SYSTEM S ��,y� Q � AREA NOTIFIEp ti��, Z � � ,� �o� HIND p 0 w S 00 J �� l� ___________ �O �/F ��- a� F r FOR Larry Hultquist �� ar s�� RE 14115 SW Fern St � �, � °°��° �. °�. �S I 04BC, 1001 8071 WIB 0 7f �P � / OW W O \ �� WB00770Q �� 15101080lS00 x�� ! � 76 BOlIDO}i �0 � �J` Z a, O O � B0 0 LI! ��801 N fi�1 0 /Y--^1 Sm�ee `rvv Qa owtw a � BB0} °��,� 800�0°nTMB°d � Property owner mformat�on �t0� ��n+�� r1 �s val�d for 3 months from � n� �� C�„ S`N SW �A the date pr�nted on th�s map Z � �°80m0B n ewmo� maoaoxoa aaa � weeor+w mwa�oaoo � n mwm p� B0� a�rma 1 aiweea�sao n �ew�a e nweeam Q � mwa S��Y� � � n»�a �oa awawmoo 'o�� R/ZO » n�� 1�1/WALNUT LN � t6101BCmW0 n 71DIBE00lOB � w BRIZON 7�weeooaou a ecaaoo U VD 3 r�m�ee waewma � � n m � � m d x�� ROSY � T aoucamaa wa m�eeoua = n mwe ua � �eem aweea aeemm ao FERN `°� "' � n��n� ♦ � S N � m m t�emuao � a� nnoeco�soo � 0 100 200 300 400 500 Feel 2 � p �Zmaneecosmo R' J Kn� t=3s2 reet � p S 2 aouemwo W aweeonoo Z � aweemmo Q Z � aweartam + �/� m City of Tigard .�`r, , Informa4on on this map is for general locahon only and -�-JEN SHI RE � \ � should be venfied wilh lhe Development Services Drvision � SBOSBO i3�2s sw Han ei�d rl � � % � TI(503)639-4171 3 http Hwww a Ugard or us Community Development Plot date Oct 10 2002 C\magic\MAGIC03 APR t, 2S104BC 03300 2S104BC-00600 AHMED SYED T& BOHAN THOMAS D& RYAN SARAH M DIANE E 12625 SW ASCENSION DR 14115 SW FERN TIGARD OR 97223 TIGARD OR 97223 zs�oaBB-o�soo 2SioaBC-oosoo ALBERTSON S INC#576 BOWMAN MARVIN S PO BOX 20 13875 SW 158TH TER BOISE ID 83726 TIGARD OR 97224 S1046B 0820 2S104BB 01600 AL N S INC#576 BRIDGMAN HAROLD&JOAN PO BOX 14359 SW WINDSONG CT ��SE ID 837 TIGARD OR 97223 2S 10468-03800 2S 104BC-00200 ANOKHIN VLADIMIR B 8 NINA B& BRIDGWATER DAVID R AND ANOKHIN VLADIMIR V LORENE S 14092 SW LIDEN DR 13995 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S104BB-01300 2S104BC 01300 ATKINSON DONALD C&JACQUELINE BRIGHT WILLIAM ALBERT 14323 SW WINDSONG 14444 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S 104BA-04100 2S 104BC-04000 AYERS GARY L BULMAN GERARD H&MARNA E 12490 SW 141ST PL 14297 SW WALNUT LN TIGARD OR 97223 TIGARD OR 97223 2S 104BA-06900 2S 10488-03400 AYTES TIMOTHY J& CARPENTER LINDA L AYTES KRISTINA M 14184 SW STARDUST LN 13973 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97223 2S1048A 03900 2S104BB-04000 BEATTY MARK&DENA CASSITY LORI A 14012 SW NORTHVIEW DR 14060 SW LIDEN DR TIGARD OR 97223 TIGARD OR 97223 2S104BA-03800 2S104BA 1000 BERGEY BRUCE C LE L NO 2 OWNERS OF 7700 SW RIVER RD LOT 6 HILLSBORO OR 97123 2S1048B 01000 2S104BB 02400 BOESEN JOHN EDWARD 8 MARTHA K CHO JOSEPH AND SOOK 14301 SW WINDSONG CT 14174 SW WINDSONG DR TIGARD OR 97223 TIGARD OR 97223 , 251048B-00900 2S1048B 03700 CHRISTENSEN LARRY L 8 CINDY M FARQUHAR TERESSA 14293 SW WINDSONG CT 14104 SW LIDEN DR TIGARD OR 97223 TIGARD OR 97223 2S 1046B-02500 2S 104BC-03400 COLLINS LANNY L&BARBARA G FREEMAN EDWARD F&JENNEE R 14158 SW NORTHVIEW DR PO BOX 1754 TIGARD OR 97223 LAKE OSWEGO OR 97035 2S 104BC-01900 2S 104BA-04300 COOPER RONALD W GLASS LIZ J ELAINE E 13946 NORTHVIEW 14120 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S104BB 02000 2S1046C 04200 COUMES PAUL A&SANDEE K GRAHAM CYNTHIA A 14268 SW WINDSONG CT 14322 SW WALNUT LN TIGARD OR 97223 TIGARD OR 97223 2S1o48B-0tsoo 2S1oaB8 00400 CROWLEY PATRICK J&AMY JO HARRINGTON CLAYTON L 14294 SW WINDSONG CT 10006 SW 72ND AVE TIGARD OR 97223 TIGARD OR 97223 zs�oaeC-os2oo 2S�oaeB-o��oo DEBOIS DREW S&PATRICIA A HENNEMAN GLEN T&LISA M 12878 SW ASCENSION DR 14093 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97223 2S1048A-04000 2S104BB 03500 DOWSETT MARK S&CAROLE D HOBSON MARK 8 KERRI 13982 SW NORTHVIEW DR 14152 SW STARDUST LN TIGARD OR 97223 TIGARD OR 97223 2S104BC 03700 2S104BC 01700 DUTCHER RYAN D 8 HOHNBAUM MICHAEL LEE 8�KARI ROC BECKWITH CYNTHIA A 14160 SW FERN ST 14363 SW WINDSONG CT TIGARD OR 97223 TIGARD OR 97223 2S10488-02100 2S104BA 07200 DUTHIE JILL K HOLT RAMON L&JEANNE U 14232 SW WINDSONG CT 14030 SW LIDEN DR TIGARD OR 97223 TIGARD OR 97223 2S 104B B-03200 2S 104BC-04500 ELLIS JAMES R& HOWIE DANIEL R& CLAWSON ELYSE HOWIE KELLI S 3265 DUNCAN DR 14293 SW LUKAR CT LAKE OSWEGO OR 97035 TIGARD OR 97223 jr 2S 1048C-00700 2S 104BC-00500 HULTQUIST LARRY A LUDLUM ROBERT S 5575 SE MONROE 14065 SW FERN ST MILWAUKIE OR 97222 TIGARD OR 97223 2S 1046 C-04300 2S 1048 C-01500 JENSEN RONALD D&ANN H TRS LUDLUM ROBERT S 14340 SW WALNUT LN LUDLUM JOANN TIGARD OR 97223 14065 SW FERN ST TIGARD OR 97223 2S10aBC-021o0 2 1oaBC o0400 JUNGWIRTH RANDY P LU M BERT S 1450 SE POWELL BLVD JOAN PORTLAND OR 97202 14/0 SW F ST TfGARD OR 97223 2S 1048 C-04800 2S 104BC-00300 KASTEN JEFFERY S&NANCY A L LUM R ERT S AND 12748 SW ASCENSION DR JOA TIGARD OR 97223 1406 RN ST T ARD OR 223 2S 1 o4BB-01 aoo 2S 1 o48C-02800 KELLY BARBARA S TRUSTEE LUTOSTANSKI NICOLE 14335 SW WINDSONG CT 14399 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S 1046A-077 00 2S 104BB-07600 KRESL MICHAEL J&LAURIE M MALCOLM STEPHANIE L 14055 SW NORTHVIEW DR 14079 SW NORTHVIEW DR TIGARD OR 97223 PORTLAND OR 97223 2S104BB 00700 251046C-01800 KRUMM TERRY J 8 LORI L MANOR JON C 14327 SW WINDSONG CT 14150 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S104BC 03900 2S104BA 07000 LAPP RICHARD O&JAMI R MARTINEZ RAUL&REGINA 14333 SW WALNUT LN 14027 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97223 2S104BC 03500 2S104B8-01500 LIM EUNKYONG KRIS&SUNG SOO MARX ELIZABETH D& 14387 SW WINDSONG CT VIRGILIO CATHERINE TIGARD OR 97223 14341 SW WINDSONG CT TIGARD OR 97223 2S 104BB-00300 2S 1048C-05000 LINDSTROM DIANE M MCCARRY SHERI 14194 SW NORTHVIEW DR 12816 SW ASCENSION DR TIGARD OR 97223 TIGARD OR 97223 F• 2S104B8 03600 2S104BC-02300 MCCOURT MARY D NOLAND THOMAS A&LINDA M 14120 SW LIDEN CT 14000 SW FERN ST TIGARD OR 97223 TIGARD OR 97223 2S104BB 03900 2S104BB-04200 MCRAE KENNETH&CAROLYN O BRIEN WM G&ELAYNE S 14086 SW LIDEN DR 14051 SW LIDEN DR TIGARD OR 97223 TIGARD OR 97223 2S104BB 04300 2S104BB 07500 MEDINA JESSE R&JACQUELINE A PEDDICORD DENNIS&ELIZABETH TANNER SPRINGS ROOM 229 13696 SW WHITE CEDAR PL 23000 HORIZON DR TIGARD OR 97223 WEST LINN OR 97068 2S104BB 02200 2S104BB 02900 MINOR CRAIG NEWTON PELINKA DAVID L AND FRANCES E 14210 SW WINDSONG CT 14119 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97223 2S104BB 04100 2S104BB 02600 MOSS WILLIAM PENDERGAST WILLIAM G III 14048 SW LIDEN DR 14134 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97223 2S1046C 03200 2S104BC 05100 MOWERY JAMES C& PIJPKER OTTO&GINA WEBER HEIDI 12840 SW ASCENSION DR 12651 SW ASCENSION DR TIGARD OR 97223 TIGARD OR 97223 2S 104BB-03000 2S 104BB-03100 MUELLER ULRICH M& POINDEXTER STEVEN T&GABRIELLE KAREN E 14133 SW NORTHVIEW DR 14121 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97223 2S104BA-07300 2S1048C 04600 MYERS MARK S PROVOST MARY M 14012 SW LIDEN DR 14330 SW LUKAR CT TIGARD OR 97223 TIGARD OR 97223 2S t oaBB-01700 2S 1 o4BB-07aoo NEEL GLASS HEATH& READ DORAN L&WENDY J ANDREA 14100 SW NORTHVIEW DR 14328 SW WINGSONG CT TIGARD OR 97223 TIGARD OR 97223 2S 104BB-02600 2S 104BC-04100 NHEM PHANN J AND ALISHA M REICHENBAUGH JERRY D 8 14107 SW NORTHVIEW DR SUSAN M TIGARD OR 97223 14300 SW WALNUT LN TIGARD OR 97223 , zsioaBC-oz000 zsioaes-o2�o0 RIDGECREST CONSTRUCTION INC STREGE MELVIN J&NELDA J 6600 SW 92ND AVE#210 14116 SW NORTHVIEW DR PORTLAND OR 97223 TIGARD OR 97223 2S 104B C-03100 2S 1048C-04400 ROWNING LORA S THOMPSON TRACY N& 12689 SW ASCENSION DR WRIGHT ROBERT TIGARD OR 97223 12610 SW ASCENSION DR TIGARD OR 97223 2S 104BC-02200 2S 104B B-02300 RUNYON ANTHONY J TRAN TAM M& 14040 SW FERN ST TRAN THANH T ET AL TIGARD OR 97223 14196 SW WINDSONG CT TIGARD OR 97223 2S104BC 04900 2S104BB 01800 SABATKA GREGORY A TUTHILL WALTER C 8 AGNES H 12764 SW ASCENSION DR 14306 SW WINDSONG TIGARD OR 97223 TIGARD OR 97223 2S104BC-02700 2S104BB 00500 SAHLI MOHAMAD 8 LOUBNA C UPADHYAY SATISH 8�SAROJ 2765 SW ASCENSION DR 14170 SW NORTHVIEW DR TIGARD OR 97223 TIGARD OR 97224 2S 1048 B-00600 2S 1046C-03000 SALCEDO MANUEL M&ANA NORMA WAGNER DANIEL J&MELISSA J 14215 SW WINDSONG CT 12707 SW ASCENSION DR TIGARD OR 97223 TIGARD OR 97224 2S 7 04BA-09600 2S 1048C-03800 SEARL KENNETH T&LANI G WALLACE DUNCAN H JR 14029 SW LIDEN DR 14364 SW WINDSONG CT TIGARD OR 97223 TIGARD OR 97223 2S�oaBB-ooaoo zs�oaBC-os o0 SHUREIH TARIQ M W CREEK ESTATES LLC 14269 SW WINDSONG CT TIGARD OR 97223 zs i oaBC-oa�oo zs�oaeC-o2aoo SICHEL JACQUELINE A WALSH EILEEN A& 14296 SW LUKAR CT OJEDA JAY TIGARD OR 97224 13998 SW FERN TIGARD OR 97223 2S104BA-03700 2S104BC 05300 SMITH SCOTT A&THERESA M WEAVER DEANNA M 8 MICHAEL T 14066 SW NORTHVIEW DR 12962 SW ASCENSION DR TIGARD OR 97223 TIGARD OR 97223 �l 2S1048C 03600 WHEELER RICHARD L&JANETTE K 14371 SW WINDSONG TIGARD OR 97223 2S�oaB6 o�ioo WILKSON JAMES W& KAREN G 14309 SW WINDSONG CT TIGARD OR 97223 2S104BC 02900 WOLF TIMOTHY L&GINA R 12733 SW ASCENSION DR TIGARD OR 97223 2S i oaBC-o i soo WOZNIAK JOHN G AND DARLENE M 14200 SW FERN ST TIGARD OR 97223 2SioaBB-oi2oo WYLY CRAIG W 32293 SW LAKE DR WILSONVILLE OR 97070 2S 10488-03300 ZAMBERLAN JOHN J&DEBORAH 14157 SW NORTHVIEW DR TIGARD OR 97223 11 Jack Biethan 11023 SW Summerfield Dnve, #4 Tigard, OR 97224 Craig Smelter PO Box 1467 Tualatin, OR 97062 Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133�d Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 Jon Sirnne 12761 SW 133rd Avenue Tigard, OR 97223 Judith Anderson 16640 SW Jordan Way King City, OR 97224 Beverly Froude 12200 SW Bull Mountain Roatl Tigard, OR 97224 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Barry Albertson 15445 SW 150�Avenue Tigard, OR 97224 TY OF TIGARD - WEST CIT SUBCOMMITfEE (pg I of I) (i\curpin\setup\labels\CIT West doc) UPDATED March 14 2002 1 CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITYOFTIGARD Community�Devefopment 13125 SW HALL BOULEYARD ShapingABetterCommunity TIGARD, OREGON 91223 PHONE: 503-639-4171 FNL• 503-684-7291(Attn: Patty or Shirley/Planning) ' f � ' � ' �� .� � �� ' ' �_ ' .' � � ' � .� � � � Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. IS134A6,Tax Lot ooloo) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW and INCIUDE A MAP Of All LOTS FOR THE PROJECT (preferably assessor's tax map): ��. a—r— r,� I�'�' ta � S�� l - �� C�C1� ��d—�` � �� -� SI 0 ' �G �oo � , �1 7 � ''') l �'rl C'�� e� / �f�L� INDICATE WHETHER YOU ARE REQUESTING 2 OR 3 SETS OF LABELS: o� (NOTE: A minimum of Z sets of labels will be provided to place on your Z sets af envelopes that applicants are required to submit at the time of applicatian submittal. If a neighhorhoad meeting is required and you have nat yet held that meeting,you should request 3 sets) NAME OF CONTACT PERSON: �`�''�r" .-. ��f `^� 5�r PHONE: � � � " �'`� � � lhis request may be mailed, -faxed, or�iand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person will be called to pick up their request in "Will Call" by their last name, at the Community Development Reception Desk. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURQCY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITY VS. RE—TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: $I I to generate the mailing list, plus $2 per sheet for printing the list onta labels (20 addresses per sheet). Then, multiply the cost to print one set of labels by the number of sets requested. ` �-EXAMPLE* -k * COST FOR THIS REQUEST * * � sheets of labels x S2/sheet = �QO x 2 sets = �16.00 �sheet(s) of labels x a2/sheet = b /�x � sets = � � sheets of labels x �2/sheet for CIT area x � sets = � 4.00 �sheet(s) of labels x SZ/sheet for CIT area = �x� sets = �'� GENERATE LIST = $1LQ4 �� GENERATE LIST = S TOTAL = 531.00 ��' TOTAL = r� PRE,APP.HELD BY: � . � ; . CITY O:F TIGARD PLANNII�G DIVIS[O�N 13125 SW HALL BOULEVARD TIGARD� OR 97223-8189 503.639.4'1,71/503.684:7297 , C17Y OP TICiARD OREGON ,� LAND USE PERMIT APPLICATIDN File# ��JZ�L_ �� Other Case# Date � /��02- By /�'t k Receipt# I G��" �$S� Date Application Complete �� TYPE OF PERMIT YOU ARE APPLYING FOR ❑AdjustmenWariance (I or II) �Minor Land Partition (II) ❑Zone Change (III) ❑ Comprehensive Plan Amendment (IV) ❑ Pianned Development (III) ❑Zone Change Annexation (IV} ❑ Conditional Use (IIl) ❑ Sensitive Lands Review (I, II or III) ❑Zone Ordinance Amendment (IV) ❑ Historic Overiay(II or III) ❑ Site Development Review(II) ❑ Home Occupation (II) ❑ Subdivision (II or III) ress i avai a e �l�-� 5� 1-l�� l=�� '�- �'�` ��- �. � � �G�' a'� s�.�.�►� � ' �• e�.�. .7 l�r�� ./'v + � . �° dA�� LS � �� ~ � � 1 �-� ��-��,- � � �-f � � � t- f l� '� s� u�� =� �-� 5' fi� �' �� 7�-�.3 . �,� 3 - �' �� - t � � g . C�. l ..�a3 � - � a- b� � �d-,- ��03 - �'�. 1 - � � G � is i more an one �a��—r � �.c. �7�' c�. t' � j�l �-�� -�. � �� %�� .�-�.. 50 3 J �� d � �� h "When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the s ace rovided on the back of this form or submit a written authorization with this a lication. � ease e speu ic � � � � � /r'' ` /"L° c,c,�! C " � � � p , r' bT ` � o � � v ��crns w-o r,r- r.c, D � �—'o . � APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. CITY OF TIGARD Commumty�DeveCopment S(tapingA�etter�'om�nunzty LAND USE PR4POSAL DESCRIPTION 120 DAYS = 3/27/2003 FILE NO MINOR LAND PARTITION (MLP) 2002-00009 FILE TITLE HULTQUIST PARTITION APPLICANT Larry Hul ist OWNER Same 14125 S�Fern Street Tigard, OR 97223 REQUEST The applicant is requesting a Minor Land Partition to partition one (1) existing 72,293 square foot lot into finro (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 14125 SW Fern Street, WCTM 2S104BC, Tax Lot 700 ZONE R-7 Medium-Density Residential District The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet Mobile home parks and subdivisions are also permitted outright 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 West CIT FACILITATOR List Available U on Re uest DECISION MAKING BODY BELOW 0 TYPE I � TYPE II ❑ TYPE III Q TYPE IV DATE COMMENTS WERE SENT DECEMBER 3, 2002 DATE COMMENTS ARE DUE DECEMBER 17, 2002 ❑HEARINGS OFFICER [MONJ DATE OF HEARING TIME 100 PM ❑PLANNING COMMISSION [MONJ DATE OF HEARING TIME 700 PM ❑CITY COUNCIL RUESJ DATE OF HEARING TIME 130PM �STAFF DECISION RENTATIYD DATE OF DECISION JANUARY 21, 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 Morqan Tracv, Associate Planner (503) 639-4171, Ext 2428 � CITY OF TIGARD OREGON November 27, 2002 Larry Hultquist 14125 SW Fern Street Tigard, OR 97223 RE Notice of Complete Application Submittal— MLP2002-00009 Dear Mr Hultquist The City has received the information necessary to begin the review of your Minor Land Partition application Staff has, therefore, deemed your application submittal as complete and will begin the review process The estimated time for rendenng 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 407 Sincerely, � Morgan racy Associate Planner i\curpin\morgan\workspace�mlpUnlp2002 00009(hultqwst)Unip 2002 00009 letter of completeness doc c MLP 2002-00009 Land Use file 13125 SW Hall Blvd Tigard OR 97223(503)639-4171 TDD(503)684-2772 CITY OF TIGARD CERTIFICATION OF LEGAL DESCRIPTION AND MAP �� rl �jG� � � � �. S Jfi�Zf � C� C� C7 �� C"� I hereby certify that the description of the property included within the attached petition �/ �� s ��t� � � T' � s � r � (located on Assessor's Map N� (� 1 has been checked by me and it is a C(?, l►�j. true and exact description of the property under consideration, and the description �L '� B� [ !�c( 4�- corresponds to the attached map indicating the property under consideration � � �- l� �� -� � 5 NAME �r� �- I� �-i� � TITLE � � �� DEPARTMENT COUNrtY OF �� . S � �� -- DATE ( o"Z— I curpinlmasters\Legaldescnptioncertification 9-Ju1-99 7 �^ / � I � Tf�� STATE OF l. a0N l SS � Counry ot Weshington 1 3o i �eny r or asga�s- ment and o County After regording retum to (Name,Address Zip) Clerk for a� , _ rtify that the wit eived Lar A Hultquist �d � V y � i sa�d --�------------------------------ county . • 5575 SE Monroe _______________ * ; � ------------------- Mllwaukle OR 97222 ---------------------------------- �z ` . 9 - � -*�r Untll re"quested otherwise send all tax statements to �'� irector of Nam A'tldlCe"ss Z�)`..x., , -� M �, v F�°,Y E-"�� exation Ex- l @'�o.. r�,�P lerk Same as above Doc 2001101682 ---------------------------------- ---------------------------------- Rect 289238 352 00 ________________________ 10/05/2001 09 36 30am _________ d e � ., SPAGE ABOu WASHINGTON COUNTY 2001 101882 WARRANTYDEED IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII (Individual Grantor) Moon S Cho and Sang Y Cho as tenants m common Grantor conveys and warrants to Larry A Hultqwst �� Grantee the followmg descnbed real property free of encumbrances except as specifically set forth herem � situated in Washington County State of Oregon described as follows to wit i � Lot 11 HANDY ACRES in the County of Washington and State of Oregon � C'6 U � WASHINGTON CO SFER T� „Wj �� a p 33OPo0TM TRO .5-O � } � $ 1��p DATE E„ `�.,y. E C � W � The property is free from encumbrances except(if none so state) 2001-2002 taxes a lien not yet payable ' Levies and assessments of Clean Water Services Easement recorded December 24, 1970 Book 802 Page 253 The true consideration for this conveyance is$330 000 00 (Here comply with the reqwrements of ORS 93 030) Dated October 2 2001 THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT THE PERSON AC�UIRIN� FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES ANO TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30 930 ��//9A�-T.N �-�� Moon S Cho Sang Y ho State of Oregon,County of Washington)ss I certify that on October 2 2001 I know or have satisfactory evidence that Moon S Cho and Sang Y Cho are the persons who appeared before me and said persons acknowledged that they signed this instrument and acknowiedged it to be their free and voluntary act for th us nd purposes tioned in this instrument OFFICIALSEAL Nota ubiic in and for the State of Oregon ELVA BflATTON My commission expires June 28 2004 N07ARY PUBLIC-0REGON COFAMISSION NO 333330 MY COMMISSIOPJ EXPIHES JUNE 28 2004 � - --. ---- -- --- —-- - -- ,��-�-��-�'��_____-�__�_r-___�__ ,� f , ` � � ----- -- -— --- -- - -- --�G_Gt-o_�__ �G�f' '�� 'c o?�-- - ------ ^ --- - — -_ - ____� _ _ -- - -- ----- � -�'�`=_P r�po� �,`�- -� — �'�'1 i_�--__ t�,_��c� ___ _ - - ---— - - - - -��.�- -��` .� - - ,--p _ ��-�-� _--F'�.- -�- -��`- - -- - --- � P , - -- - -_ - - .-�-c-��__�- _�� -_ �_,_�_�.1� __ �_��o��_____ __ __ ��r-v��.� �_ � �..��-t_-_Q��___ � _s'?�-�-�- - -- - - - - - - - �-- - -- —__-_ ------- ----- —c� r�--f"�___�t____��_-�-y_ __e-�_�� r--�� .��--'7_-i�-�-�� - --- e -- - - - — ----h-L°-�-��.GIC_ ___f o°� � �t �.c.a i ll __�e, _c e-�a.r��_ _ -- _ - - - -- -� g _ ��_a�cc �s S __-t�rrn� _ _�`a GC�._ G�e��t: __—..�___ �--- - - — - ---- -- - - -- -- - -- ---1�_ � Gc�v_-c.c_C a��c �� -G� -°�� -�r d U-��"-�`—a-- ---- - -- - - - f�-�l _�_ �L_�'_� f_r �r�s _ �e�-� _ �o�a-�� __ _ ---- - - --�_s 7'�,--��f _�---a�-e- -�e��`l � va �` f �� C� _ ___ � — -� �- -- - ---- - -- --- ----- --� - ---�L_ ��o_�z�C��7� _ — -- ?'i��e 3- (�'�l'l -- -- - - D` , J� , - ' � -- --— - -- - ! 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( d�'� �//�-�- ��'�t L o � a — � � �^ o / �� m �`�' 1 5� E��i' S �� E l� �� /K �-�.°(�i� � � � � � j ,( o � �/�. �'l�Lez-�r�- G'�� /C.-Z� I,5� �C °� C�{.)'� �d 0�J 5 0 �� e � � r � � e � � � � � e � � e�� C c�� — � � � �-� � � � � � � � d1� /�-c��..� �`l�,,2 5� �• �t.�• �� u�" �- �-L � - � � s � s � � � / e s ��-u�z.°-�'' �5 .j��- � �L"� �� 2�1L L(,J��.F !� c� � o � � � � v � �Q.�c'� c�'� �1'�.� � C�a2�� 3��c..� � � � � — � �' ��j s �� r 7'C" �.i �t �j� � �-t,� � f.��t�� — � � — � � � � � r a _ � _ � '� �L Q�, Lc� ��w�-�— � ..L �.tl�`� l L G� /'�'`i � � � � — — v � � o � � � o � � e � � o � � � � � � s � � � m — � a s — � s a � � � � — � — — � � � _ s � � � e — � 0 � a � s � � � � — � � � � � � a � � � � � � � � � � � 1 � � � � " 11 " " ' " � " ' 1 " � � � " ' � � ' 1 � � ' t � � � � � � " " ' " 1 � � �� / �� 5 tL� �� John 0'Shea, Consulting Arbonst 433 SE 70�'Avenue �`j � � �� Portland OR 97215 � 7 (503� 408-9308 ��✓�f' �--� ban�oist�qwest net Larry Ht�ltquist 14125 SW Fem Street Tigard,Oregon 97223 September 2, 2002 Arbonst report on property at 14125 SW Fern Street On 9-2-02 I met Mr Lariy Hultqi,ust at 14125 SW Fern Street I understand that he is bwldutg more homes on tlus prqperty I looked at his rough plan for the area We walked to the site and measured four trees, and I observed their present conditron in order to assess them There are four trees on the property as marked, that quahfy as significant for City of Tigard They are all over 12" diameter at four-foot height from grade 1 A fir, (Pseudotsuga sp) is roughly in the center of the north side of the lot, with a diameter of 13 25" at 4` 2 Near this, toward the east is a birch (Betula sp ) with a diameter of 16 5" at 4' 3 Along the east fence, about 70 feet from here�s an Oregon Ash(Fraxunus sp ) ,� ul poor shape It has two stem diameters 6.25" and 6 5" ! 4 The westernmost tree on the north side is a w�llow (Salix sp) that can be referred to as Coyote or River Wi11ow It has a diameter of 13 5"at 4' The two-stemmed tree (#3) has a rotted s�ump that stands approxunately 2' tugh and that bifurcates into the two stems Its base contains rot that�s appazent even underground I beheve that the r�emains are two poorLy attached but vigo�ous stump sprouts 'This should be removed I respectfully subrrut that trus is a hazard tree If�rutigahon of density is reqwred, I suggest that one replace�ent tree of 4" approxYma#ely would be sufficient T'he remauung trees have certain defects b�tt are riot hazardous I reconune�ideti that Mr I-�ultqwst install a 4' high construction fence one foot outside the drip lu�►e of these three trees to assure that no dne dr�ves,par�ts, or stores matenals there Dunr�g construchon, he should keep any eqiu�ment or toxic ehemic,�ls out of thes�areas I am availabl�rto m�figate nr consult further on tlus pro�ect If necessary, I will be available for on-site help or further utspechon � ' Sincereiy, � � �� John O' e onsulhng Arbonst LSA Ce ed Arborist #WC1877 1 7d J 7D' D � � � � �� R�zM �S'N 'S' � �! �� S�W ER � N. p _, � ��s'� ,�.,'� �,� G o,�,��c.r � � � �� ,� �. f� � 5, l.t�, (,!>.t-,�ni �r �� -`�� ,�, �',� f � Ta�t G��N � � L3c�{fi-N z � �RoPEkTy � o �Yi�S N s `�FER�' �pR N z � w �J � I � I � � � � . , � ` � r j I 0�'lAR✓ � � 3 � L3 a w M,�N � �$• � � - �E� r� �, f ��oP��T.� o �� s w, �T i � " � IY�3.� � y��PR ► 5 r,�, ��R/Y S�. i �'�'`�� r�� s �v F�R�� s�: �.��►�� 1� ��-TQ �= 5r � �� ,�� , or� �r,� � �a^ o�Y� 9 �� 3 Ko,�� i- /�� 8 �4 rr = �D i SC,4Lr U p � � � L �� J U L 2 5 2002 F�le Number � 4 8 Clean�ate� Services Our commitment �s clear 11SItiV@ e�mg Site Assessment Junsdict�on �15�°�,� � �� Date �� ° �-- Map &Tax Lot �,? 5 /B y f3 0 0 70o Owner L.a�r r- y �/�. �f-� k� 5 �- S�te Address / �� s�u�r �� r �— /g-Sc�ns�vk. r Gc�c�I n� a kf Contact /4�i�s� 5, Lv, ��r,t � f Proposed Activity � t,c.> v�c., Address ? 4 r- ' p � T{�o.�.�y-ti't�e�, 7 0.2�. 3 Phone So3- S�( - l 6�8 j'a3 B�D - o�.Y �Cal 1 Y N NA Y N NA W�� re�atv� � � � Sensitive Area Composite Map Stormwater Infrastructure maps Map# � � � QS #�.�� _ Locally adopted studies or maps Other ❑ ❑ � Specrfy ❑ ❑ � Specify Based on a review of the above info�mation and the reqwrements of Clean Water Services Design and Construction Standards Resolution and Order No 00-7 ❑ Sensitive areas potentially exist on site or w�thin 200' of the site THE APPLICANT MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER OR STORMWATER CONNECTION PERMIT If Sensitrve Areas exist on the site or within 200 feet on ad�acent properties, a Natural Resources Assessment Report may also be required [�, Sensitive areas do not appear to exist on site or within 200' of the site This pre- screening site assessment does NOT eliminate the need to evaluate and protect water quaiity sensitive areas if they are subsequently discovered on your property NO FURTHER SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED THIS FORM WILL SERVE AS AUTH�RIZATION TO ISSUE A STORMWATER CONNECTION PERMIT ❑ The proposed activity does not meet the defmition of development NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED Comments Rev�ewed By L�� /'�..��- Date �'��-o,-�, _ Returned to Applicant Maal Fax_Counter� Date �-3�-o� By�- - � � �� ,�- 1 � ��l � CiTY OF TIG D March 27, 2002 OREGO�1 , Larry Hultquist 14125 SW Fern Street Tigard, OR 97223 RE Annexation of neighboring property Dear Mr Hultquist The property located at 13992 and 13998 SW Fern Street, to the southeast of your property, has requested to be annexed into the City of Tigard As part of our process, we are contacting you to see if you would be interested in being included in this annexation proposal If you choose to participate, the City will waive its filing fee of$1,160 The intent of this request is to create a uniform boundary by including your property within the proposal Annexing into the City affords you the right to City services (i e City police, sewer, and water) If you are interested in being included with this application, please fill out the enclosed form and return it in the enclosed self-addressed/stamped envelope, by Aprii 4, 2002 Your response is needed by this date in order to prepare the necessary notification documents � If you have any questions, call me at (503) 639-4171, or stop by our offices located at 13125 SW Hail Blvd in City Hall Sincerely, � ^ �. � - - � '��-,� ---- Mathew Scheidegger Assistant Planner c ZCA2002-00001 Land use file , I a�r.,r '( y�i�(.1+ 7 {'�t!i r l�J 1 Y J��til'S"�f{�Y P( bY�k,'�� 5�7W'�i�r'x�kL'#19��F+�f��a� � ��'� Ft -4 t y�(!�� idl .�� a�4�bY�1�1� y1v �'�F �TyC, SCkC�itA�� V�J' 7'�`,Y1; Syyt. .Yir,� aar Y114� .�� y � '�' �, V �, i J gf Y � hl�Sl i t� r ts tF13�.1125;SW}�ialliBf�vd� iga d�OR�9 223 G 3t 1 �DD�(503��84-27�72 , , y } , �} !Ri. r"+aulf � � ,�� 5 S {,�7'm�'G1P! �1 '� ! 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'� c,c[s�iazoa, P O Box 34 Canby OR 97413 phonc (503)2Hfi�4100 eoo fxx (503)26N{302 November 19�2002 To The City of Tigard Concerning Larry Iiultquist minor partitions � We propose to furnish pump station to service house located at back p�artitior► �uump to be x�un approximately 250 feet to existir►g sanitary �exer on Fern St as shoxn on aite map $8700 00 ' '' �� zd WdbS b0 Z00Z 6T ��N z0�b99z�aS ON Xd� dfll W0�1� 30 0 30 60 90 —�� GRAOHIC SCaLE-FEE7 N 89 28 I 6 E 170 03 I I i i I 11 ��o \� P?OPOSEJ \ �a7CE 2 1 2 CNES � I V O 11m I � � I P I � h a SCALE / 30 m v REGISTERED W PROFESSIONAL �n LA'VD SURVEYOR N � li � 1 � i Q t�� jy� I iZ �,,i OREGON io aearte RICF�,�RD S��OVE � — ^ — — _ — �� _` Y E%PIrlES IY 31 02 I L\1 [k"'• 5 B9 5B a0 E Bi 35 P90GOSEJ ORAIhF1EL0__f �, 5 0 � G E'F i FOq TN fF 2ElIEFf•GF PAaCEL(`I,Y / �! � d f I Y / AE �/ �7 \ I )� S1 I? 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O --' i i� � � --- � — . i ' �i� i �)j� � -._ ti \vae`"�xm _l_ ,�: �� k%� ' - -°w'aOMt��mt 1•GQ�i_� ��/�7 � V -" w,! � �"r � , , i ! „! - �• ,AMTARY,EWEpW�IG.E � � /� NW ELEV�iION.717 77 � LE ]070.7 , ° '��y�MTARy SEw[p wNXaIE NOTES � rtW nev�nox�moe . a�p r.c aiaei COnTOUp¢+7ERVAL4 qRE lVCRY FOOi . � '10 i �� \ 7�y[pnCqL D4TUAf tl BA9ED ON TNf CRY OF MdRO � BENCN11pFN NO Il9 l?IIQ/NAS MI ELEVATION OF LA.T9 ` ` / �/ / PO(�p �� ",�.+ �' PROJECT �� i �.�v� �►{ LEGEND TOPOGRAPHICFL SURVEY �/ �QP 4� j T• QP � m0E 0P 7�VENEM LOCATION t' /l �4�r�{c ra,r � eeaeaoaavs -- ------------- NW li4 OF SECTION 4 T25 R If WM `� / �fy°�' swnaar s�q uxe -- ---e ' CITY OF 71�ARD WASHINGTON COUNTY OREGON � aat uME a � OVfRHFAD PONER LTE -f a�g� Da7E SEPTEMBER 12 2002 6+ � / LARRY HUL70UIST SCALE I 30 /��X�'�PJ� JOB NUMBER 02-2844 �ge�a{5�� LOYd L.WD SURYEYS WC �gd� PO POY9d7 OL�D9fONB OR 970g/ (609)-8E0-49t6 __ CITY OF TIGARD �i PRE-APPLICATION CONfERENCE NOTES �o��,��t ,o (Pre-Application Meeting Notes are Valid for Six (6) Months) Shapntg,�BetterCommunity �►�� 8/�5/02 �da � ,� _ RESIDENTIAL ��vc�a� M'l'-T. .f' APPLICANT L�� N�1� �� - AGENT Phone �503) 8So o K6 Phone O PROPERTY LOCATION ADDRESS/GENERAL LOCATION I�'1�Z�i S cJ �Z�h S� TAX MAP(S)/LOT #(S) 25loy(jG vv7oo NECESSARY APPLICATIONS S�6d��,s�o� PROPOSAL DESCRIPTION S,,��,I��d�. � 6`<<e ,��i.rj�,,�� 6/o�s COMPREHENSIVE PLAN MAP DESIGNATION Meclt�wi �y��► �'��,.��ta� ZONING MAP DESIGNATION K—� CITIZEN INVOLVEMENT TEAM (C I T)AREA �✓s� IONING DISTRICT DINiENS10tiAl REQUIREMENTS [Refer to Code Section 18 5�v ] MINIMUM LOT SIZE S� sq ft Average Min lot width So ft Max building height 3S ft Set�acfcs� Front!�ft Side S ft Rear l5 ft Corner �o ft from street MAXIMUM SITE COVERAGE 8 0 °/o Minimum landscaped or natural vegetation area Z� % GARAGES ZO ft �] NEIGHBORHOOD MEETING [Refer to tl�e Nesghborhood Meedng Nandoutl THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S), AND THE CITY OF TIGARD PLANNING DIVISION of their proposal A minimum of two (2) weeks between the mailing date and the meeting date is required Please review the Land Use Notification handout conceming site posting and the meeting notice Meeting is to be held prior to submittmg your application or the application will not be accepted * NOTE In order to also preliminardy address buildmg code standards, a meeting with a Plans Examiner is encouraged prior to subm�ttal of a land use application CITY OF TIGARD Pr�ApplicaUon Conference Notes Page 1 of 9 ResdenGalAppOCahonlPlanmrg Qhsron Sechon � NARRATIYE [Refer te Code Chapt�r 18 3901 The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards Failure to provide a narrative or adequately address criteria wouid be reason to cons�der an application incomplete and delay review of the proposal The applicant should review � the code for applicable cntena �� IMPACT STUDY [Refer to Cade Secdons 18 390 040 and 18 390 0501 As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE AN IMPACT STUDY with the�r submittal package The impact study shall quantify the effect of the development on public fac�lities and services The study shall address, at a minimum, the transpo�tation system, incfuding bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected pnvate property users In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specificaily concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly propo�tional to the pro�ected impacts of the development � ACCESS [Refer to Chapters 18 705 and 181651 Minimum number of accesses l�IS'w��4. �� J-t „�,{� Minimum access width lxZo'�4 �3-6�,.,►� Minimum pavement width �0' � Zo� - � ❑ WALKWAY REQUIREMENTS [Refer to Cade Chapter 18 7051 Within all A�ACHED HOUSING (except two-family dwellings) and multi-family developments, each residential dweiling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING AREA, COMMON OPEN SPACE AND RECREATION FACILITIES � RESIDENTIAL DENSITY CALCULATION [Refer to Code Chaptee 18 7151-SEE E�AAINPLE BEIOW The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the minimum number of square feet required per dwelling unit as specified by the applicable zoning designation Net development area is calculated by subtracting the following land area(s) from the gross site area 7Z��67¢ 9��sf All sens�tive lands areas includina c� - l y, K33 �4:s�,�ed zo% �� ➢ Land within the 100-year floodplain, � t ➢ Slopes exceeding 25%, ?'� ^` ➢ Drainageways, and � S, vvv� ,�,�,, �,fs�� ➢ Wetlands for the R-1, R-2, R-3 5, R-4 5 and R-7 zoning dis rict�s Public nght-of-way dedication (� IofS �ax ➢ Single-family allocate 20% of gross acres for public faalities, or g (o{� r,c� ➢ Multi-family allocate 15% of gross acres for public facilities, or ➢ If available, the actual public facility square footage can be used for dedu�tion E�(AAMPLE OF RESIDENTIAL DENSITY CALCOLATIONS EXAMPLE USING A ONE ACRE SITE IN THE R 12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS Single-Family Multi-Family 43 560 sq ft of gross site area 43,560 sq ft of gross site area 8.712 sa ft (20%)for public riqht-of-wax 6,534 sp ft (15%1 for public riQht-of-way NET 34,848 square feet NEi 37 026 square feet — 3.050 (minimum lot area) — 3,050(minimum lof area) = mts er cre = mts er cre *fie Oe�elopmeot Code requlres Wat t�e oet sne area e�dst for the aext whola dwelliag wit NO ROUNOIN6 OP IS PERMIiI'ED *Minimam Prolect DeasiW is 80%of We ma�dmum a�owed deasl�l TO DEiFRMINE THIS SiANOARQ MULTiPLY THE MIWMUM IiUMBE6 OF UNti'S BY.8 CITY OF TIGARD Pre-ApplicaUon Conference Notes Page 2 of 9 Resben0�AppGcahon/Plamm�g Omsan Sec6on ❑ SPECIAL SETBACKS [Refer to Ca�ectlon 181301 ➢ STREETS feet from the centerline of ➢ FLAG LOT A TEN (10)-FOOT SIDE YARD SETBACK applies to all pnmary structures , ➢ ZERO LOT LINE LOTS A minimum of a ten (10)-foot separation shall be mamtained between each dwelling urnt or garage � ➢ MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family residential developments ACCESSORY STRUCTURES UP TO 528 SQUARE FEET m size may be permitted on lots less than 2 5 acres in size Five (5)-foot minimum setback from side and rear lot lines ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2 5 acres in size [See appl�cabie zonmg d�strictfor the pnmary sVuctures'sethacK reqwrements.l ❑ FLAG LOT BUILDING HEI6HT PROVISiONS [Refer to Cade Chapter 181301 MAXIMUM HEIGHT OF 1'/z STORIES or 25 feet, whichever is less in most zones, 2'/z stories, or 35 feet in R-7, R-12, R-25 or R�0 zones provided that the standards of Section 18 730 010 C 2 are satisfied �a��•� cr��-� �(�y l� f1�r�.�'c, s�.�d��s�o.,P�.�ss ❑ BUfFERIN6 AND SC8EENIN6 [Refer to Code Chapter 181451 In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS between ad�acent developments, especially between different land uses, the CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters Required buffer areas are described by the Code m terms of width Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and honzontal plantings Site obscunng screens or fences may also be reqwred, these are often advisable even if not required by the Code The required buffer areas may onl be occupied by vegetation, fences, utilities, and walkways Additional information on required buffer area materials and sizes may be found in the Development Code The ESTIMATED REQUIRED BUFFERS applicable to �,our proposal area is Buffer Level along no�th boundary Buffer Level along east boundary Buffer Level along north boundary Buffer Level along east boundary IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG � LANDSCAPIN6 tRefer to Code Chapters 18 745,18 765 and 181051 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as dnveways which are more than 100 feet in length Street trees must be placed either within the public right-of-way or on private property within six (6) feet of the nght-of- way boundary Street trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade Street trees shouid be spaced 20 to 40 feet apart depending on the branching width of the proposed tree speaes at matur�ty Further information on regulations affecting street trees may be obtained from the Planning Division A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect Landscaped parking areas shall include speciai design features which effectively screen the parking lot areas from view ❑ RECYCLIN6 [Referto Code Chapter181551 r��'(� Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SF P SERVICING COMPATIBILITY Locating a trash/recycling enciosure within a clear vision area such S�� as at the intersection of two (2) driveways withm a parkmg lot is prohibited Much of Tigard is within Q�P°` Pnde Disposal's Service area Lenny Hmg is the contact person and can be reached at (503) 625-6177 CITY OF TIGARD Pre-ApplicaUon Conference Notes Page 3 of 9 Resdenhal AppficahonlPlamm�g Qhsan Sechon � PARKIN6 [Refer to Code Chai► , 18165 a 18105D ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED ➢ Single-family Requires One 1 off-street parkmg space per dwellmg unit, and One �1; space per unit less than 500 square feet r ➢ Multiple-family Requires 1 25 spaces per unit for 1 bedroom, � 1 5 spaces per unit for 2 bedrooms, and 1 75 spaces per unit for 3 bedrooms Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES Parking stalis shall be dimensioned as follows ➢ Standard parking space dimensions 8 feet 6 inches X 18 feet, 6 inches ➢ Compact parking space dimensions 7 feet 6 inches X 16 feet, 6 inches ➢ Handicapped parking All parking areas shall provide appropriately located and dimensioned disabled person parking spaces The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA) A handout is available upon request A handicapped parking space symbol shall be painted on the parkmg space surface and an appropriate sign shall be posted ❑ BICYCLE RACKS [Refer to Code Sec�on 18165) BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations ❑ SENSiTIVE LAHDS [Refer to Code Criapter 18 7151 The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information HOWEVER, the responsibility to precisely identifv sensitive land areas and their boundanes is the responsibilitv of the applicant Areas meetina the definitions of sensitive lands must be clearly indicated on plans submitted with the development apqlication Chapter 18 775 also provides regulations for the use, protection, or modification of sensitive lands areas RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS ❑ STEEP SLOPES [Refer to Code Sect�on 18 775 010 Cl When STEEP SLOPES exist, pnor to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18 775 080 C The report shall be based upon field exploration and investigation and shall inciude specific recommendations for achieving the requirements of Section 18 775 080 C � CLEANV{IATER SERVICES[CWSI BUFFER STANDAR�S [Refer to R a 0 96-44/USA Regula�ons-Chapier 3) su�� LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and mamtain or create a vegetated comdor for a buffer wide enough to protect the water quality functioning of the sensitive �ro�`�area �� Desiqn Cnteria �tp The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area The following table identifies the reqwred widths CIN OF TIGARD Pre Applicahon Conference Notes� Page 4 of 9 Res�denbal ApphcahonlPlannuq ansan Secbon �LE 31 YE6ETATED COR8IDOR VI(IDTHS SOURCE CWS OES16N AND CONSTRUCTION STANDARDS MANUAL/RESOLUnON a ORDER 96-44 �' SLOPE ADJxACENT WIDTH OF VEGETATED _ SENSITIVE AREA DEFINITION TO SEfVSITIVE AREAi' CORRIDOR PER SIDEZ • Streams with intermittent flow draining <25% 15 feet � 10 to <50 acres 25 feet �) >50 to <100 acres • Existing or created wetlands <0 5 acre 25 feet • Existing or created wetlands >0 5 acre �25� 50 feet • Rivers, streams and spnngs with year-round flow • Streams with intermittent flow draining >100 acres • Natural lakes and onds • Streams with intermittent flow draining >25% 30 feet � 10 to <50 acres 50 feet � >50 to <100 acres . Existing or created wetlands >25% Vanable from 50-200 feet Measure + Rivers streams and spnngs with year-round flow in 25-foot increments from the starting . Streams with intermittent flow draining >100 acres point to the top of ravine (break in • Natural lakes and ponds <25%slope) add 35 feet past the top of ravine' StarUng pomt for measurement = edge of the defined channel (bankful flow) for sVeams/rivers delineated wetland boundary delineated spnng boundary and/or average high water for lakes or ponds whichever offers greatest resource protec6on Intermittent spnngs located a minimum of 15 feet within the nver/stream or wetland vegetated corndor shall not serve as a starhng point for measurement ZVegetated comdor averaging or reducUon is allowed only when the vegetated corndor is cerUfied to be in a marginal or degraded condition �The vegetated comdor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corndor The 35 feet may be reduced to 15 feet if a stamped geotechnical report confirms slope stabdity shall be maintamed with the reduced setback from the top of rawne Restnctions in the Vepetate Corrtdor NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provrded for �n the USA Des�gn and Construction Standards Location of Vepetated Corridor IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corndor shall be contained in a separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit CWS Service Provider Letter �� PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which wiil outline the conditions necessary to comply with the R&O 96-44 sensitive area requirements If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required ❑ SIGNS [Refer to Code Chapter 18 7801 SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard A "Gwdelines for Sign Permits" handout is available upon request Additional sign area or height beyond Code standards may be permitted if the sign proposal is rev�ewed as part of a development review appiication Alternatively, a Sign Code Exception application may be filed for Director's review � TREE REMOYAL PLAN REQUIREMENTS [Refer to Code Secdon 18 790 030 CJ A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES repared by a certified arborist shal� be provided for any lot, parcel or combination of lots or parc le s for which a development application for a subdivision, partition, site development review, planned development, or conditional use is filed Protection is preferred over removal where possible CIN OF TIGARD Pre-Applicabon Conference Notes Page 5 of 9 Remdenhal Appfica6oNPlamm�g Onnsron Sechon THE TREE PLAN SHALL Ifv��UDE the following ➢ Identification of the location, size, species, and condition of all existing trees greater than 6- inch caliper ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper Mitigation must follow the replacement guidelines of Section 18 790 060 D according to the following standards and shall be exclustve of trees required by other development code provisions for fandscaping, streets and parking lots . Retainage of less than 25°/o of existing trees over 12 inches in caliper requires a mitigation program according to Section 18 150 070 D of no net loss of trees, . Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18 790 060 D , . Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50% of the trees to be removed be mitigated according to Section 18 790 060 D , . Retainage of 75% or greater of existing trees over 12 inches in caliper requires no mitigation, _ ➢ Identification of all trees which are proposed to be removed, and ➢ A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as pa�t of the tree plan above and will be replaced according to Section 18 790 060 D � MITIGATION [Refer to Code Sec6on 18 790 060 El REPLACEMENT OF A TREE shall take place according to the following guidelines ➢ A replacement tree shall be a substantially similar species considering site characteristics ➢ If a replacement tree of the species of the tree removed or damages is not reasonably available, the Director may ailow replacement with a different species of equivalent natural resource value ➢ If a replacement tree of the size cut is not reasonably available on the local market or would not be viable, the Director shall require replacement with more than one tree in accordance with the following formula . The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged, by the caliper size of the largest reasonably available replacement trees If this number of trees cannot be viably located on the sub�ect property, the Director may require one (1) or more replacement trees to be planted on other property within the city, �ither public property or, with the consent of the owner, pnvate property ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement � CLEA�VISiON AREA [Refer to Code Chapter 18 7951 The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections The size of the required ciear vision area depends upon the abutting street's functional classification and any ex�sting obstructions withm the cfear vision area The applicant shall show the clear vision areas on the site plan, and identify any obstructions in these areas �.s,.� �-so�� CITY OF TIGARD Pre-Applicahon Conference Notes i Page 6 of 9 Res�denGal App6cahoNPlanning av�s�on Secton �] AITURE STREET PUUi AND E](TENSIOn 0�SiREETS [Refer to Cod�Sec�on 18 8��030 FJ A FUTURE STREET PLAN shall ➢ Be filed by the applicant in con�unction with an appiication for a subdivision or partition The plan shall show the pattern of existmg and proposed future streets from the boundanes of the proposed land division and shall include boundanes of the proposed land division and shall include other parcels within 200 feet surrounding and ad�acent to the proposed land division ➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and pedestrian facilities on or within 500 feet of the site Where necessary to give access or permit a satisfactory future division of ad�oining land, streets shall be extended to the boundary lines of the tract to be developed 0' AUOI�ONAL LOT DIMERSIONAL REQUIREMEHTS [Re(eQ to Code Sec�on 18 810 060] MINIMUM LOT FRONTAGE 25 feet unless lot is created through the minor land partition process Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access easement The DEPTH OF ALL LOTS SHALL NOT EXCEED�TIMES THE AVERAGE WIDTH, unless the parcel is less than 1'/2 times the minimum lot size of the applicable zoning district � BLOCBiS [Refer to Code Sect�on 18 810 0901 The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the nght-of-way center line except where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided through the block CODECHAPTERS _ 18 330(Cond�ona�Use) �H 6ZO(f'gard Tnangle Desgn Standards) !��$765(O(fShreet Parking/Loading Reqwrementsl _ 1 S 34O(Directors Interpretahon) 1 S 63O(Washington Square Reganal Center) — �8 775(Sens�6ve tands Rewew) _ 18 350(P�anned�e�ebPment) � 18 705(Access�gress�Cir�u�abon) _. 18 780(s�yns) _ 18 360(Site Deve�opment Review) �S��O(Accessory Res�denUal Un�s) 18 785(remporary use Perm�s) _ 1$37O(VananceslAd�ustrnents) � 1 S 715(Densdy Computations) � 18 790(free Removaq _ 18 380(Zoning MapRext Amendments) �S 7ZO(Desgn CompahbtlRy Standards) !�18 795(Visua�C�earance Areas) 18 385(M'�scel�aneous Perm�) 18 725(Environmental Performance Standards) 1$7gS�reless Communica6on Faali6es) ��H 39O(Deaswn Mawng Proceduresllmpad Study) �8 73O(Excep6ons To Development Standards) " 'I H S�O(Street&U6hty Improvement Standards) �$4'I O(Lot�ne Ad�ustrnents) 1 S 740(H�stonc Over�ay) — �1�8 420(�and Par�tions) 18 742(Home occupation Ferm�ts� �aL 18 430�s��a�a�� —1C 18 745(tzndscapmg�saeenux,�standards) � 18 51 O(Res�lentia�Zoning Dismcts) �S 75O(ManufacturedlM1Aobil Home RegulaUons) _ 1 S 520(Commeraal Zoning D�) � 18 755(Muced Sol�d Waste�tec.ydmg Storage) _ 18 530 pndustria�Zoning D�stncts) �8 7GO(Nonconforming S�tuaeons) CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9 Residenf�AppficabonlPlannug avaion Secbon QDDt110NA1 CONCERNS OR COMMEN► V� ��+ as n�eoosGU has �o r+�,o� �tidO� • /�� M�/1/M vM QEI�s l ry� �7 �!�v5 a./�L �GiL�NI� � ��vG D�G✓1 �/�OPOS� 6��= a) Re�a (�u�„�t �«,��) �s .�of d�d«,�.1 � p�e�-�,. �.�� !�M�� 17`GG�j✓/'�GY � k/bs r e S� Oe-/��t�.rSC�i�'�A/ I�!.(fj rjL1�� gC. ITafj(�/�G�[A !�./T C�G W f T+1 t�-- � f Gy o..o( Te l.�! 1t p.. � �'lta arc. c�eccc� �s eitv i o/' u.c!'o✓S �tn� e?C Cv� {�.��sL o..� n�j+�+� v�� T�t[.S bGen� /�G^-� l�� d c-!�lo v.�--..F c��no su tru s {� �ec. /'c.�,a �,r�( ��-� 6� {D r�iC�n v.+.t 6lJ'a F frr s �cr l2 u ��.�.� � ' � � ^ � � � - � rl , � t i - - �� PROC�DU6E ✓ Administrative Staff Review �6- $�4 �yp��4( ,�,.��.,c) Public hearing before the Land Use Heanngs Officer Public heanng before the Planning Commission Public hearing before the Planning Commission with the Corr�mission making a recommendation on the proposal to the City Councii An additionai public heanng shall be held by the City Council APPLICAflON SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices PLEASE NOTE Applications submitted bv rnail or dropped off at the counter without Planning Division acceatance may be returned The Planning counter closes at 4 00 PM Maas subm�tted with an aQal�cation shall be folded IN ADVANCE to 8 5 by 11 inches One L1) 8'/Z" x 11" map of a proposed proiect should be submitted for attachment to the staff report or administrative decision Aapl�cation with unfolded maps shail not be accepted The Pianning Division and Engmeering Department wdl perFoRn a preliminary review of the application and wdl determine whether an application is complete within 30 days of the counter submittal Staff wiil notify the applicant if additional information or additional copies of the submitted matenals are required CITY OF TIGARD Pre-ApplicaUon Conference Notes Page 8 of 9 Residenhal AppGcahoNPlamm�g ahswn Secbon The administrative decisic � public heanng will typically occur aF, �ximately 45 to 60 days after an application is accepted as being complete by the f�lanning Division Applications involvmg difficult or protracted issues or requmng review by other Jurisdictions may take additional time to review Wntten recommendations from the Planning staff a�e issued seven (7) days pnor to the public hearing A 10-day public appeal penod fol ws ail land use deasions An appeal on this matter would be heard by the Tigard �� ' o � A basic flow chart which illustrates the review process is vailable from the Pfanning Division upon request Land use applications requir�ng a public hear�ng must have notice posted on-site by the applicant no less than 10 days prior to the public hearing This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to ailow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site SUBDI111S10N PLAT NAiNE RESERVATION [County Surueyor's Office 503-648-88841 PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard applicants are re uired to complete and file a subdivision plat naming request with the Washington County Surveyor's Office in order to obtain approval/reservation for any subdivision name Applications will not be accepted as complete untii the City rece�ves the faxed confirmation of approval from the County of the Subdivision Name Reservation BUILDIN6 PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval These pre-appiication notes do not include comments from the Building Diviston For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Drvision Plans Examiner to determine if there are bu�iding code issues that would prevent the structure from being constructed, as proposed Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underfying parcel for that structure will be eliminated when the new piat is recorded, the Citv's policv is to apply those system development credits to the first buildina oermit issued in the development (UNLE S OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED) e con erence an no es cannot cover a o e requiremen s an aspec s re ate to site lannm that should ap Iy to the development of your site plan Failure of the staff to provide information required b the Code shail not constitute a waiver of the applicabie standards or requirements It is recommended tha�a pros-pective applicant either obtain and read tt�e Community Development Code or ask any questions of City staff relative to Code requirements prior to submitting an application AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division) PREPARED BY I"ror � rc,c ( ,� CITY OF T ARD PLANNIN DIVISION STAFF PERSON HOLDING PRE APP MEETING PHONE (503) 639-4111 FAX. (503) 6841291 E MAIL (sa�'s frst na��a�u Ugard or us TITLE 18(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS www c�dgard or.us H lpattylmasterslPre-App Notes Resident�al doc Updated 26-Jun-02 (Engineenng sechon preapp eng) CITY OF TIGARD Pr�Applica�on Conference Notes Page 9 of 9 Residenhal AppGcabprVp�anrnng Dinsan Sec6on CITY OF TIGARD LAND USE APPLICATION CIiECKLIST Please read this form carefully in con�unction with the notes prov�ded to vou at the pre-application conference This checklist identifies what is required for submittal of a complete land use application Once an application is deemed complete by Community Development staff, a decision may be issued within 6-8 weeks If you have additional questions after reviewing all of the information provided to you, please contact the staff person named below at the City of Tigard Planning Division, 503 639 4171 Staff �"�o��.,. ��w Date v��N/bZ 1 BASIC INFORMATION Please refer to the Land use applications basic submittal requirements"checklist for the basic submittal requirements 2 SPECIAL STUDIES AND REPORTS Because of the nature of your pro�ect and/or the site you propose to develop THE FOLLOWING ADDITIONAL STUDIES WILL BE REQUIRED These studies must be prepared by certified professionals with expenence in the appropriate field Arborist Report/Tree Assessment � Locai Streets Traffic Study ❑ Wetlands/Stream Corridor Delineation and Report ❑ Habitat Area Evaluation ❑ Geotechnical Report ❑ Geotechnical Report must address liquefaction potential and sod bearing capacity ❑ Other 3 PREPARIfVG PLANS AND MAPS Plans and maps should be prepared at an engineering scale (1 = 10/20/50/100/200) and include a north arrow legend and date The same scale should be used for all your plans Where possible the City prefers the use of a scale that allows a site plan or subdivision plat to be shown on a single sheet Architectural drawings may be prepared at an architectural scale One copy of each plan must be submitted in photo-ready 8'/z x 11 format THE FOLLOWING IS A LIST OF REQUIRED INFORMATION FOR EACH TYPE OF PLAN (If the plans you submit do not include all of the information requested because you feel it is not applicable, please mdicate this and provide a brief explanation) � Vicinity Map � Showing the location of the site in relation to + Ad�acent properties � • Surrounding street system including nearby intersections ❑ • Pedestrian ways and bikeways � • Transit stops � • Utdiry access � City of Tigard Land Use Appl�cation Checklist Page 1 of 4 h lpattylmasters\checklist doc (UPDATED 26-Jun-02) �Existing Conditions Map � Parcel boundaries, dimensions and gross area [� � Contour lines (2' intervals for 0-10% �lopes or 5'for slopes >10%) ❑ � Drainage patterns and courses on the site and on ad�acent lands ❑ � Potential natural hazard areas includmg • Floodplain areas � • Areas having a high seasonal water table within 24"of the surface for three or more weeks of the year ❑ • Slopes in excess of 25°/a � ♦ Unstable ground � • Areas with severe sod erosion potentiai � • Areas havmg severely weak foundation soils � . Locations of resource areas including _ . Wildlife habitat areas identified in the Comprehensive Plan ❑ • Wetlands � � Other site features • Rock outcroppmgs � • Trees with >_6"caliper measured 4 from ground level ❑ � Location and type of noise sources � � Locations of existing structures and their uses � a Locations of existing utilities and easements � � Locations of existing dedicated nght-of-ways � � Locations of dnveways on ad�acent properties and across the street ❑ �Subdivision Preliminary Plat Map � The proposed name of the subdivision � � Vicinity map showing property's relationship to arterial and collector streets ❑ � Names addresses and telephone numbers of the owner developer engineer surveyor and designer�as appi�cabie> ❑ � Scafe, north arrow and date ❑ � Boundary lines of tract to be subdivided � Names of ad�acent subdivisions or names of recorded owners of ad�oining parcels of un-subdivided land ❑ � Contour lines related to a City-established benchmark at 2 intervals for 0-10%grades and 5 intervals for grades greater than 10% ❑ � The purpose location type and size of all of the following (within and ad�acent to the proposed subdivision) • Public and pnvate nght-of-ways and easements ❑ • Public and pnvate sanitary and storm sewer lines ❑ • Domestic water mains including fire hydrants ❑ • Ma�or power telephone transmission Imes (50,000 volts or greater) ❑ • Watercourses ❑ • Deed reservations for parks open spaces pathways and other land encumbrances ❑ . The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level ❑ • The location of all structures and the present uses of the structures and a statement of which structures are to remain after platting ❑ � Supplemental information including • Proposed deed restrictions (if any) ❑ • A proposed plan for provision of subdivision improvements ❑ � Existing natural features mcluding rock outcroppings, wetlands and marsh areas � The proposed lot configurations lot sizes and dimensions, and lot numbers Where lots are to be used for purposes other than residential, it shall be indicated upon such lots ❑ � If any of the foregoing information cannot practicably be shown on the preliminary plat it shall be incorporated into a narrative and submitted with the application materials ❑ City of Tigard Land Use Applicat�on Checklist Page 2 of 4 h�pattyUnasterslchedclist doc (UPDATED 26-Jun-02) � Landscape Plan � Location of trees to be removed � � Location size and species of existing plant matenals � � General location size and species of proposed plan matenals ❑ � Landscape narrative that addresses ♦ Sod conditions and how plant selections were derived for them ❑ • Pians for sod treatment such as stockpding the top sod ❑ ♦ Erosion control measures that wdl be used ❑ � Location and descnption of the irrigation system where applicable ❑ � Location and size of fences buffer areas and screening ❑ � Location of terraces decks shelters play areas and common open spaces ❑ � Public Improvements/Streets Plan - � Proposed right-of-way locations and widths ❑ � A scaled cross section of all proposed streets plus any reserve stnps ❑ � Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision ❑ � Grading/Eros�on Control Plan � The locations and extent to which grading wdl take place ❑ � Existmg and proposed contour lines ❑ � Slope ratios ❑ � Utilities Pian � Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans ❑ � Plan of the proposed water distnbution system showing pipe sizes and the locations of valves and meter sizes ❑ � Fire hydrants (existing and proposed) ❑ � Proposed fire protection system ❑ � Preliminary Storm Drainage Plan � The location of all areas sub�ect to inundation or storm water overflow ❑ � Location, width and direction of flow of all water courses and drainageways ❑ � Location and estimated size of proposed storm drainage Imes .- ❑ � Where applicable, location and estimated size and dimensions of proposed water quality/detention facdity ❑ � Tree Preservation/Mitigation Plan � Identification of the location, size and species of all existing trees ❑ � Program to save existing trees or mitigate tres removal (Section 18 790 030) ❑ � A protection program defining standards and methods to be used durmg and after construction ❑ Archi ctural Drawings � Floor p ns indicating the square footage of all structures and their proposed use ❑ � Elevation awings for each elevation of the structure ❑ Sign D�wings � Speafy pl�Qposed location, size and height ❑ \ City of Tigard Land Use Application Checklist Page 4 of 4 h lpattytrnasterslchecklistdoc {UPDATED 26-Jun 02) }r.� ( PRE-APPLICATION CONFERENCE HOTES ➢ ENGINEERIHG SECTION \ ��ommgeN,OrBg00 Development Shaping A Better Coa¢nunit PUBLIC FACILITIES Tax Map(sl 2st o46c Tax LoUsl 100 Use i�pe Subdivision The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subJect to approval by the appropriate authority There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application The following comments are a pro�ection of public improvement related requirements that may be required as a condition of development approval for your proposed pro�ect Riqht-of-wav dedication The City of Tigard requires that land area be dedicated to the public (1 ) To increase abutting public nghts-of-way to the ultimate functional street classification nght-of-way width as specified by the Community Development Code, or (2 ) For the creation of new streets Approval of a development application for this site will require right-of-way dedication for � SW Fern Street to 54 feet from centerline (new TSP standard for local street) � SW Walnut Lane to 42 to 54 feet total (depends upon anticipated ADT) ❑ SW to feet ❑ SW to feet Street improvements � 1/2 street improvements will be necessary along SW Fern Street, to include � 16 feet of pavement from centeriine to curb � concrete curb � storm sewers and other underground utilities � 5-foot concrete sidewalk with 5-foot wide landscape strip � street trees planted in landscape strip, spaced per TDC standards � street signs, traffic control devices, streetlights and a two-year streetlight fee CtTY OF T16ARD Pre-Appllcatlon Comerence Notes Page 1 ot 6 EAglpeerlog Dapartment Sactlon ❑ Other � Full street improvements will be necessary along SW Walnut Lane, to include � 32 feet of pavement from curb to curb � concrete curb � storm sewers and other underground utilities � 5-foot concrete sidewalk with 5-foot wide landscape strip � street trees planted in landscape strip, spaced per TDC standards � street signs, traffic control devices, streetlights and a two-year streetlight fee � Other This development could not be approved until after the Bowman site is developed (for Walnut Lane to be extended to this site) As an alternative the applicant could choose to extend Walnut Lane from its present terminus across the Bowman site (after obtaininp the necessary R01M and to this site ❑ street improvements will be necessary along SW , to include ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee ❑ Other ❑ street improvements will be necessary along SW , to include ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee ❑ Other ❑ street improvements will be necessary along SW , to include ❑ feet of pavement ❑ concrete curb CITY OF T16ARD Pre-Applicatlon CoMerence Notes Page 2 of 6 �Blneehoe Depattmeut Seetloo ❑ storm sewers anc' �er underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, tra�c control devices, streetiights and a two-year streetlight fee ❑ Other Aqreement for Future Street Improvements In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred In such cases, a condition of development approval may be specified which requires the property owner(s) to provide a future improvement guarantee The City Engineer will determine the form of this guarantee The following street improvements may be eligible for such a future improvement guarantee (1 ) �2 ) Overhead Utility Lines � Section 18 810 120 of the Tigard Municipal Code (TMC) requires all overhead utility lines ad�acent to a development to be placed underground or, at the election of the developer, a fee in-lieu of undergrounding can be paid This requirement is valid even if the utility lines are on the opposite side of the street from the site If the fee in-lieu is proposed, it is equal to $ 27 50 per lineal foot of street frontage that contains the overhead lines There are existing overhead utility lines which run ad�acent to this site along SW Fern Street Prior to aqproval of the final plat, the applicant shall either place these utilities underground, or pay the fee in-lieu descnbed above Sanitary Sewers The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in Fern Street, and a sewer line in the existinq terminus of Walnut Lane The sewer in Fern Street is approximately 10 feet deep (see as-built) The proposed development must be connected to a public sanitary sewer It is the developer's responsibility to provide sewer laterals to each lot and extend sewer main lines to the development boundaries for future extension Water Supplv The City of Ti acLrd (Phone (503) 639-4171) provides public water service in the area of this site This service provider should be contacted for information regarding water supply for your proposed development Fire Protection CITY OFTI6AH� Pre-Appllcadon Conierence Notes PaBe 3 of 6 EoBlAeerloe Oepartment Sactlon Tualatin Valley Fire and F ue District South Division Cont Enc McMullen, � ) � (503) 612-7010] provides fire protection se��ces within the City of Tigard The District should be contacted for information regarding the adequacy of circulation systems, the need for fire hydrants, or other questions related to fire protection Storm Sewer Improvements All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system The applicant will be required to submit a proposed storm drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system wiil accommodate runoff from upstream properties when fully developed 1) Ons�te detention is required 2) There �s a public storm Ime m Walnut Lane that should be capable of serv►ng the new lots Storm Water Qualitv The City has agreed to enforce Surface Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No 00-7) which requires the construction of on-site water quality facilities The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met The City will use discretion in determining whether or not the fee in-lieu will be offered if the fee is allowed, it will be based upon the amount of new impervious surFaces created, for every 2,640 square feet, or portion thereof, the fee shall be $210 Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application It is anticipated that this pro�ect will require � Construction of an on-site water quality facility ❑ Payment of the fee in-lieu Other Comments All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to cntical manholes in the systems Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible TRAFfIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance The Traffic Impact Fee program collects fees from new development based on the development's pro�ected CITY OF TI6AR0 Pre-Appllcatlon CorlferenCe NoteS Page 4 of 6 EneloeerinB Oeparmien[SeetloA impact upon the City's transp tion system The applicant shall b quired to pay a fee based upon the number of trips which are pro�ected to result from the proposed development The calculation of the TIF is based on the proposed use of the land, the size of the pro�ect, and a general use based fee category The TIF shali be calculated at the time of buifding permit issuance In limited circumstances, payment of the TIF inay be allowed to be deferred until the issuance of an occupancy permit Deferral of the payment until occupancy is permissible o� when the TIF is greater than $5,000 00 Pay T1F PER�IITS Public Facility Improvement (PFI� Permit Any work within a public nght-of-way in the City of Tigard requires a PFI permit from the Engineenng Department A PFI permit application is available at the Planning/Engineering counter in City Hall For more extensive work such as street widening improvements, main utility line extensions or subdivision infrastructure plans prepared by a registered professional engineer must be submitted for review and approval The Engineering Department fee structure for this permit is considered a cost recovery system A deposit is collected with the application, and the City will track its costs throughout the life of the permit, and wiil either refund any remaining portion of the deposit, or invoice the Permittee in cases where City costs exceeds the deposit amount The Permittee will also be required to post a performance bond, or other such suitable security Where professional engineered plans are required, the Permittee must execute a Developer/Engineer Agreement, which will obligate the design engineer to perform the pnmary inspection of the public improvement construction work The PFI permit fee structure is as follows NOTE. If an PFI Permit is required,the applicant must obtain that permit prior to release of any permits from ihe�uilding Diuision Building Division Permits The following is a brief overview of the type of permits issued by the Building Division For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171, ext 304 Site Improvement Permit (SIT) This permit is generally issued for all new commercial, industrial and multi-family pro�ects This permit will also be required for land partitions where lot grading and private utility work is required This permit covers all on-site preparation, grading and utility work Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site Building Permit (BUP) This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit CITY OFTI6ARD Pre-Appllcatlon Conterence Notes Page 5 of 6 Englneerlag oeoertmeat Secuoo Master Permit (MS� This permit is issued for all single and multi-family buildings It covers all work necessary for building construction, including sub-trades (excludes grading, etc) This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City . For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit Other Permits There are other special permits, such as mechanical, electrical and plumbing that may also be required Contact the Development Services Counter for more information GBADING PLAN REQUIREINENTS FOR SOBDIVISIONS All subdivision pro�ects shall require a proposed grading plan prepared by the design engineer The engineer wili also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20% This information will be necessary in determining if speaal grading inspections will be required when the lots develop The design engineer will also be required to shade all structural fill areas on the construction plans In addition, each homebuilder will be required to submit a specific site and floor plan for each lot The site plan shall include topographical contours and indicate the elevations of the corners of the lot The builder shall also indicate the proposed elevations at the four corners of the building P�EPARED BY - � . ', `�� l �I� L ENGI ERING DEPARTM�PIT STAF� DATE Phone [5031639-41T1 Fax. [503]624-0152 i 5eng�bnanrltemplateslpreap notes eng dot Revised March 21 2002 CtiY OFTIGARD Pre-Appllcatlon Conference Notes Page 6 of 6 Englneering Departmeat SeeUoo ��a � � �� I 7d -� J 7D'•--� I7 � �=M f��.�4t N. ,�LN �'� (p D7b 1�, s�w E 2 p 4 Go►��uE�r � 5�� 6 5� � 5� L . , — — — — — — � 5, r.t�, l,��,�N ;r �� , �- T°� � 7°� 7��t F , � � ,� Go�N � � �o�A�� z 3�' � � ��o�ERT�' � �y�[5 N . � s �,✓FER�' �(pR N z , ti w T. � � � � �- `� , � � �- � � � � � �d�a�e✓ ' j � /3awMl�N � � �$� � ! � ��cflPE�T� M � s w, F,�� ry ST i I y�3�' � , � L��p,R 5 r,�, F�R�Y ST, � y'�� , ��t��.� s,c.v, F�-R� sT L,,��,�� . ��TCz �= sT � �� A�� , 0 2 �r,c � �a� oZY6 q7��- 3 � r(o,�� '�►- /�� g � S G,��L� �g r r = l D� i -- - -- — -- --- - ��W ngton Counly,Oregon 1 �� "'�' " 0 � i/2003 11 03 58 AM 2��`3-117�42 0l D RIB CMat 8tne8 J OREQORY J� �/� 520 00 S8 00 51100 Total�537 00 � / After recording, return to (''�i, City of Tigard – Records Division 13125 SW Hall Bivd ' � 00885060200301178420040045 � 1 Tigard, OR 97223 I J�rryH�nson DlnetorofAo��em�M�ndT�xatlon end Ez ORlelo Counly Cl�rk for Wa�hlnpton Counfy Onpon do h�nby eatly that th�wlthln Imtrum�nt oT vurltlnp wu ncelwd and �eord�d In t�booN oT � neord�oT eUd eounty �� J�rry R H�neon Dlnetor �e��emmt and Taxatlon b Ex-0Melo County Cl�rk RESTRICTIVE COVENANT (FUTURE STREET IMPROVEMENTS) THIS AGREEMENT is entered into this %^ day of�-(�2003, by the City of Tigard, a Municipal Corporation of Washington County, Oregon, ("CITY"), and Larry Hultquist, ("OWNER") RECITALS WHEREAS OWNER is the Owner of record of Property covered by this Agreement as shown in Section 1 below, and WHEREAS OWNER has received approval of a development on the Property from the CITY, as set forth in MLP-2002-00009 dated February 15, 2003, and WHEREAS Chapter 18 810 of the TMC (Tigard Murncipal Code) contains certain conditions applicable to street improvements, and issuance of permits is conditioned on OWNER'S compliance with the TMC, and WHEREAS OWNER wishes to mitigate the impacts of the proposed development, and WHEREAS parties wish to fulfdl the requirements of Chapter 18 810 IN CONSIDERATION of the mutual promises, covenants and undertakings, and the issuance of a building permit in advance of OWNER constructing improvements required by the TMC, the parties agree as follows Section 1 The real property sub�ect to this Agreement is described as follows Parcels 1 and 2 of Part�t�on P/at No ��1.3� (� �,�, recorded as Document No �(1�i3,�/ ��,y/ , Wash�ngton County, Oregon OWNER agrees that the terms of this Agreement shall bind the OWNER as well as its heirs, successors in interest or assigns Section 2 The improvements covered by this Agreement are as follows SW Fern Street Half-street improvement to local street standards along the frontage of the area described in Section 1 above Restrictive Covenant(Future Street Improvements) Page 1 of 4 RavLVion aete 1/1/ot — - -,— -- _ -- IIIIIIIII IIIIIIIIIIIII�I I!'� 2003-117842 Half-street improvement to local street standards along the frontage of the area described in Section 1 above Section 3 This Agreement shall be in full force and effect from the date of its execution until the improvements referred to m Section 2 are constructed m accordance with CITY standards in effect at the time of construction Section 4 CITY agrees that the improvements listed in Section 2 will only be required as a result of any one of the following events (1) when the improvements are part of a larger proJect to be financed or paid for by the formation of a Local Improvement District, (2) when the improvements are part of a larger public pro�ect to be financed or paid for in whole or in part by CITY or other public agency, (3) 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 property described in Section 1, or (4) when construction of the improvements are deemed to be appropriate by the City Engineer in con�unction with construction of improvements by others ad�acent to the improvements described in Section 2 In addition to this Agreement, OWNER'S obligation to share design and/or construction expenses may arise by application of the Reimbursement District Ordinance, Chapter 13 09, TMC, or any similar ordinance or law providing a process whereby such expenses are distributed among benefited properties Section 5 OWNER agrees to sign any and all waivers, petitions, consents and all other documents necessary to obtain the above listed applicable improvements under any improvement act or proceeding of the State of Oregon, Washmgton County, or the CITY as may be proposed or adopted and to waive all right to remonstrate agamst the improvements listed m Section 2 above, submitted either alone or in con�unction with other improvements described in Section 4, as may be proposed OWNER agrees that in lieu of any other document, CITY may treat this Agreement as a waiver of remonstrance on behalf of the property described m Section 1 against formation of such a Local Improvement District OWNER covenants and agrees that the improvements described m Section 2 will specially benefit OWNER'S property as descnbed m Section 1 Section 6 If CITY decides to form a Local Improvement District as a mechanism for the installation of improvements listed in Section 2, then OWNER shall retam the right to protest only the amount or the manner of spreading the assessment, but not the formation of such district Section 7 CITY acknowledges that OWNER'S execution and performance of the terms of this Agreement constitutes compliance with the requirements of TMC Chapter 18 810 Section 8 OWNER agrees that if CITY causes the improvements listed in Section 2 to be constructed, or part of such improvements without regard to the source of funds for such pro�ect, but not as part of a Local Improvement District, then CITY will charge to OWNER and OWNER wdl promptly pay OWNER'S share of the cost of such improvements OWNER'S share will be determmed by CITY in a manner simdar to spreadmg the cost of a public improvement to specially benefited properties The parties mtend OWNER to share m the cost of improvements even though actual construction is undertaken and performed Restrictive Covenant(Future Street Improvements) Page 2 of 4 RevLSbn tlete 1l1/Ot . � iiioiiiiiiiiiiiiiiiiiiiiiiii 2003-117842 by some third party, so long as the improvements, listed in Section 2, are included within the pro�ect (1) Except as otherwise provided in subsection (2) of this section, prior to construction of such improvements under this section, OWNER shall be provided not less than six (6) months written notice by first class mail that the proJect will be built The notice shall advise OWNER that OWNER wiil share m the cost of such improvements and provide OWNER with an estimate of the total pro�ect cost as well as an estimate of OWNER'S share of the costs Fadure to provide this "six month" notice m advance of construction shall not nullify OWNER'S obligation to pay, but shall only extend the payment due date by the amount of time less than six months that notice was given, but not more than six months Upon completion of improvements pursuant to this Section, CITY shall provide wntten notice to OWNER of OWNER'S share of the actual cost of the improvements and OWNER shall pay OWNER'S share within sixty (60) days If OWNER's share of the cost of the improvements is $10,000 or more, the owner may elect to pay the City in 10 equal annual installments, with the first installment due withm 60 days of the notice The installment option shall be available only if the OWNER provides written notice and the first payment within 60 days of the notice If the mstallment option is chosen, the unpaid amounts shall bear interest at the then legal rate of interest Interest on overdue payments shall bear interest at the rate of one and one-half(1 '/z%) per month from the date the payment is due until paid (2) Where the improvements listed in Section 2 are constructed by a third party, who seeks reimbursement in accordance with the Reimbursement District Ordinance, Chapter 13 09, TMC, or a simdar ordmance, then the terms and procedures of the ordinances shall apply in lieu of the provisions in subsection (1) of this section Section 9 At any time prior to the events listed in Section 4, OWNER or OWNER's successors may pay to the CITY an amount determmed by the CITY to be OWNER's share of the anticipated cost of the future improvements Payment under this section shall discharge all of OWNER's obligations under this Agreement City shall use the funds received under this section solely to pay for the costs of the improvements Section 10 CITY and OWNER intend that all terms of this Agreement shall be covenants, conditions, and restrictions runrnng with the title to the property covered by this Agreement, and shall be binding upon parties to this Agreement, their heirs, executors, assigns, administrators, and successors and shall be construed to be a benefit and a burden upon the property described m Section 1 The parties agree the CITY may, for purposes of recovering the cost of improvements described in Section 2, levy an assessment agamst the property, described in Section 1, and may enforce payment of such assessment m the manner provided in ORS Chapter 223 or the general laws of the State of Oregon Section 11 Promptiy after its execution by the parties, this Agreement shall be recorded m the records of Washington County to provide public notice and especially notice to future owners of property, descnbed in Section 1 of the conditions, covenants and restrictions agamst the title to the property imposed by this Agreement Section 12 CITY may enforce the terms of this Agreement in any court of competent �urisdiction In addition to any other legal remedies, OWNER'S failure or refusal to compiy with this Restrictive Covenant(Future Street Improvements) Page 3 of 4 RevL5lon tlete 1/1I01 . iiii�iiii iiiii0iiiiiiiii i iii Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties provided m the TMC may also be enforced Section 13 If suit or action is instituted to enforce a right guaranteed in this agreement, the prevailmg party shall be entitled to, m addition to the statutory costs and disbursements, a reasonable attorney's fee to be fixed by the trial and appellate courts respectwely Section 14 The parties agree that if any term of provision of this agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, so long as this agreement continues to reflect the mtent of the parties The parties shall negotiate an equitabie ad�ustment of this agreement so that the purposes of this agreement are effected OWNER(S) � v/ ' Signatur � Signature �-i- � � U��t Name (Prrnt or Type) Name (Print or Type) �w �� Title (Pr�nt or Type) Title (Prmt or Type) Acknowledgment of OWNER'S signature(s) must be notarized Where the OWNER is a corporation, it has caused its name to be signed by resolution or o�cial approval of its board of directors STATE OF OREGON ) County of Vv�A�i�i11U�?alJ ) ae�3 On this $ day ��/ , ��, before me a Notary Public � � � 61�1`�; IIUNEK. rersonally arpeared and ackn�wledged that the foregomg instrument to be their voluntary act and deed Befor� me � � 8�1/ ro OFFICIAL SEAL otary P lic for Ore on ° J BEN6TSON � NOTARY PUBLIC OREOON a-7 � 7 MYCOMMISSI'ON E9 P RESAP�R 27 2007 My commission expires Accepted on behalf of the City of Tigard this �� day of � J � ,�� Q • idC4.�-.n.i-._ City Engineer NO CHANGE IN TAX STATEMENT Restrictive Covenant(Future Street improvements) Page 4 of 4 ReNslon Cele 1!1/01 LARRY HULTQUIST J 111111111111111 1111111111111111 L — , — _ _ — — _ _ — — _ _ � 14125 S.W.Fern St. � � Tigard,OR 97223 � � (503)521-1668 � � C.C.B.#43322 � � � � � �� 1-1_ '�fY�'t-/ / ` � � �" «C� G'-�'_�' p � � 6 � �� ! ��1 � � � � � � � � - � � ��j �i�L° ,-._ i. 6 /�l� S ��'- �r = - � [ I �� _ - C'i � ' �� - _ �,� �'� GZ� �f' �' _ � � �� _ �� ,�� f - � �-� � � _ _ ��_ �-�� _ _ r � _ � ��-� � l L?�Z�-j � � �� J � � c�' � � — � l � � � �--p � � ��C� � � � � � � — � � `� 1� � � � � � � — �,- �' � � � Q � �� ; > ti- ��- � � � � � � � � � � ' � � � � = c�� r �- �" 7 �°�, 6—� �'.� _ _ � � _ — > _ — � � � — ' ��-- S,�.�� — �; — — � ` Lo - `� �'f��E � � - � = 1� � � � - --- - _ - - — .--�- � — - l � - _ � � � � _ _ � �' _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - � c:� � � -- � � � � �� , � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � r � � `� After recording, return to City of Tigard— Records Division 13125 SW Hall Blvd Tigard, OR 97223 RESTRICTIVE COVENANT (FUTURE STREET IMPROVEMENTS) THIS AGREEMENT is entered into this � day of��2003, by the City of Tigard, a Municipal Corporation of Washington County, Oregon, ("CITY"), and Larry Hultquist, ("OWNER") RECITALS _, WHEREAS OWNER is the Owner of record of Property covered by this Agreement as shown in Section 1 below, and WHEREAS OWNER has received approval of a development on the Property from the CITY, as set forth in MLP 2002-00009 dated Februarv 15, 2003, and WHEREAS Chapter 18 810 of the TMC (Tigard Municipal Code) contains certam conditions applicable to street improvements, and issuance of permits is conditioned on OWNER'S compliance with the TMC, and WHEREAS OWNER wishes to mitigate the impacts of the proposed development, and WHEREAS parties wish to fulfill the requirements of Chapter 18 810 IN CONSIDERATION of the mutual promises, covenants and undertakmgs, and the issuance of a building permit in advance of OWNER constructing improvements required by the TMC the parties agree as follows Section 1 The real property subJect to this Agreement is described as follows Parcels 1 and 2 of Part�t�on Plat No _ , recorded as Documenf No . Washmgton County, Oregon OWNER agrees that the terms of this Agreement shall bind the OWNER as well as its heirs, successors in interest or assigns Section 2 The improvements covered by this Agreement are as follows SW Fern Street Half-street improvement to local street standards along the frontage of the area described m Section 1 above Restrictive Covenant(Future Street Improvements) Page 1 of 4 Revsron Aate 1/tro1 , Haif-street improvement to local street standards along the frontage of the area described in Section 1 above Section 3 This Agreement shall be m full force and effect from the date of its execution until the improvements refeRed to m Section 2 are constructed in accordance with CITY standards in effect at the time of construction Section 4 CITY agrees that the improvements listed in Section 2 will only be required as a result of any one of the followmg events (1) when the improvements are part of a larger pro�ect to be financed or paid for by the formation of a Local Improvement District, (2) when the improvements are part of a larger public pro�ect to be financed or paid for in whole or in part by CITY or other public agency, (3) when the improvements are part of a larger pro�ect to be constructed by a third party and mvoives the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the property described in Section 1, or (4) when construction of the improvements are deemed to be appropriate by the City Engineer in con�unction with construction of improvements by others ad�acent to the improvements descnbed in Section 2 In addition to this Agreement, OWNER'S obligation to share design and/or construction expenses may arise by application of the Reimbursement Distnct Ordinance, Chapter 13 09, TMC, or any similar ordinance or law providing a process whereby such expenses are distributed among benefited properties Section 5 OWNER agrees to sign any and all waivers, petitions, consents and all other documents necessary to obtain the above listed applicable improvements under any improvement act or proceeding of the State of Oregon, Washington County or the CITY as may be proposed or adopted and to wawe all right to remonstrate agamst the improvements listed in Section 2 above, submitted either alone or in con�unction with other improvements described in Section 4, as may be proposed OWNER agrees that in lieu of any other document CITY may treat this Agreement as a waiver of remonstrance on behaif of the property descnbed in Section 1 against formation of such a Local Improvement District OWNER covenants and agrees that the improvements described in Section 2 will speciaily benefit OWNER'S property as descnbed in Section 1 Section 6 If CITY decides to form a Local Improvement Distnct as a mecharnsm for the mstallation of improvements listed in Section 2, then OWNER shall retain the right to protest only the amount or the manner of spreadmg the assessment, but not the formation of such district Section 7 CITY acknowledges that OWNER'S execution and performance of the terms of this Agreement constitutes compliance with the requirements of TMC Chapter 18 810 Section 8 OWNER agrees that if CITY causes the improvements listed in Section 2 to be constructed, or part of such improvements without regard to the source of funds for such pro�ect, but not as part of a Local Improvement Distnct, then CITY will charge to OWNER and OWNER will promptly pay OWNER'S share of the cost of such improvements OWNER'S share will be determined by CITY in a manner simdar to spreading the cost of a public improvement to specially benefited properties The parties intend OWNER to share in the cost of improvements even though actual construction is undertaken and performed Restrictive Covenant(Future Street Improvements) Page 2 of 4 ReMSbn tlate 1I7N7 . by some third party, so long as the improvements, listed in Section 2, are mcluded within the pro�ect (1) Except as otherwise provided m subsection (2) of this section, prior to construction of such improvements under this section, OWNER shall be provided not less than six (6) months written notice by first class mail that the pro�ect will be built The notice shall advise OWNER that OWNER will share in the cost of such improvements and provide OWNER with an estimate of the total pro�ect cost as well as an estimate of OWNER'S share of the costs Failure to provide this "six month" notice in advance of construction shall not nullify OWNER'S obligation to pay, but shall only extend the payment due date by the amount of time less than six months that notice was given, but not more than six months Upon completion of improvements pursuant to this Section, CITY shall provide written notice to OWNER of OWNER'S share of the actual cost of the improvements and OWNER shall pay OWNER'S share within sixty (60) days If OWNER's share of the cost of the improvements is $10,000 or more, the owner may elect to pay the City in 10 equal annual instaliments, with the first installment due within 60 days of the notice The installment option shall be available only if the OWNER provides wntten notice and the first payment within 60 days of the notice If the installment option is chosen, the unpaid amounts shall bear interest at the then legal rate of interest Interest on overdue payments shall bear interest at the rate of one and one-half(1 '/z%) per month from the date the payment is due until paid (2) Where the improvements listed in Section 2 are constructed by a third party, who seeks reimbursement in accordance with the Reimbursement District Ordinance, Chapter 13 09, TMC, or a simdar ordinance, then the terms and procedures of the ordinances shall apply in lieu of the provisions in subsection (1) of this section Section 9 At any time pnor to the events listed in Section 4, OWNER or OWNER's successors may pay to the CITY an amount determmed by the CITY to be OWNER's share of the anticipated cost of the future improvements Payment under this section shall discharge all of OWNER's obligations under this Agreement City shali use the funds received under this section solely to pay for the costs of the improvements Section 10 CITY and OWNER intend that all terms of this Agreement shall be covenants, conditions, and restrictions runrnng with the title to the property covered by this Agreement, and shall be binding upon parties to this Agreement, their heirs, executors, assigns, administrators, and successors and shall be construed to be a benefit and a burden upon the property described in Section 1 The parties agree the CITY may, for purposes of recovering the cost of improvements described in Section 2, levy an assessment against the property, described in Section 1, and may enforce payment of such assessment in the manner provided in ORS Chapter 223 or the general laws of the State of Oregon Section 11 Promptly after its execution by the parties, this Agreement shall be recorded in the records of Washington County to provide public notice and especially notice to future owners of property, descnbed in Section 1 of the conditions, covenants and restrictions against the title to the property imposed by this Agreement Section 12 CITY may enforce the terms of this Agreement in any court of competent �urisdiction In addition to any other legal remedies, OWNER'S failure or refusal to comply with this Restnctive Covenant(Future Street Improvements) Page 3 of 4 Re�uw�aete vi�o� Agreement shall constitute a violation of the TMC and the nghts, remedies, and penalties provided in the TMC may also be enforced Section 13 If suit or action is instituted to enforce a right guaranteed m this agreement, the prevailing party shall be entitled to, in addition to the statutory costs and disbursements, a reasonable attorney's fee to be fixed by the trial and appellate courts respectively Section 14 The parties agree that if any term of provision of this agreement is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, so long as this agreement continues to reflect the intent of the parties The parties shall negotiate an equitable ad�ustment of this agreement so that the purposes of this agreement are effected OWNER(S) � �-/ ' Signatur Signature �� - � U��t Name (Pr�nt or Type) Name (Prmt or Type) ��,v ��-- Title (Pnnt or Type) Title (Print or Type) Acknowledgment of OWNER'S signature(s) must be notarized Where the OWNER is a corporation, it has caused its name to be signed by resolution or o�cial approval of its board of directors STATE OF OREGON ) County of �l'Aeikl'1N7�1`aN ) 2-e�3 On this � day y , ��, before me a Notary Public, � i� t-�ULT6�-v��,OWNEi2.- personally appeared and acknowledged that the foregoing instrument to be their voluntary act and deed Before me V V OFFICIAI SEAL otary P lic for Ore on , J BENGTSON �� NOTARY PUBLIC-OREGON M commission ex ires COMMISSI�N NO 368086 y p MYCOMMISSION XPIRESAPR 27 2007 Accepted on behalf of the City of Tigard this '8� day of J J � _,�3 Q - �bL�-,�..--� City Engineer NO CHANGE IN TAX STATEMENT Restnctive Covenant(Future Street Improvements) Page 4 of 4 rtewanaace v�ro� Letter of Transmittal Ci o Ti ard DATE RECEIVED � �I z��3 .�, ,r � . , � � � � �� rt��. d� — r ,-;? r : . Z�r (:I I i �r i itaH�,+� °��'�R�f+lING/ENGI�aE��lt�G '/ TO: ' DEPT: � FROM: � ��= PHONE NUMBER: RE: (Case number, site address,parcel number, etc.) COMMENTS: i:dsts\fomu�L.etterTransmittal.doc 07/31/Ol