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MLP2002-00013 �� NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2002-00013 CITY OF TIGARD SWOPES PARTITION C�muraty�Dever�,�nt S�iaptngl7 BetterCommumty 120 DAYS (WITH EXTENSION) =8l3/03 SECTION I APPLICATION SUMMARY FILE NAME SWOPES PARTITION CASE NO Minor Land Partition (MLP) MLP2002-00013 PROPOSAL The appiicant is requesting a Mmor Land Partition to partition one (1) existing 15,811 square foot lot into two (2) parcels for detached single-family residences ' An existing single-family dwelling is located on the sub�ect parcel and is proposed to remain on Parcel #1 in compliance with all setback requirements APPLICANT Miles Schlesinger OWNER Bret and Linda Swopes 11455 SW Shrope Court 13440 SW Howard Drive Tigard, OR 97223 Tigard, OR 97223 ZONING DESIGNATION R-4 5, The R-4 5 zonmg district is designed to accommodate detached single-famdy homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-famdy units are permitted conditionally Some civic and institutional uses are also permitted conditionally LOCATION 10135 SW Kathenne Street WCTM 1S135CC Tax Lot, 03000 PROPOSED PARCEL 1 7,500 Square Feet PROPOSED PARCEL 2 7,500 Square Feet FLAG LOT ACCESS AREA 811 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 Utdity Improvement Standards) SECTION II DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subJect to certain conditions The findmgs and conclusions on which the decision is based are noted in Section V NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 1 of 22 .. CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED � PRIOR TO APPROVAL OF THE FINAL PLAT u mit to t e ngineering epartment rian ager, , ext or review an approval 1 Pnor to final plat approval, the applicanUowner shall ensure that the visual clearance area includmg areas of existing fencmg along the Tigard street frontage is not obstructed The applicant shall also submit a report from a traffic engmeer showing that sight distance standards as enumerated by AASHTO are met, and if not, that any improvements required to meet the sight distance standards have been completed 2 A Public Facdity Improvement (PFI) permit is required for this pro ect to cover the public sewer line, the new storm line in Kathenne Street and any other work in t�e public nght-of-way Six (6) sets of detaded public improvement plans shall be submitted for review to the Engineenng Department NOTE these plans are in addition to any drawings required by the Buddmg Division and should only include sheets relevant to public improvements Public Facdity Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are avadable at City Hall and the City's web page (www a tigard or us) 3 The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who wdl be designated as the "Permittee", and who will provide the financial assurance for the public improvements For example, specify if the entity is a corporation, limited partnership, LLC, etc Also specify the state within which the entity is incorporated and provide the name of the corporate contact person Failure to provide accurate information to the Engmeering Department wdl delay processing of pro�ect documents 4 Pnor to approval of the final plat, the ap licant shall obtain a Site Permit from the Budding Department to cover all grading for the lot s , all on-site private utdity installation water, storm, etc ) and all driveway construction NO � this permit is separate from a �ublic Facility Improvement permit issued by the Engineermg Department for work m the public right-of-way 5 Prior to approval of the final plat, the applicant shail pay an addressing fee in the amount of $30 00 (STAFF CONTACT Shirley Treat, Engineenng) 6 The finai plat shall show a ROW dedication on Katherme Street to provide 27 feet from the centerline The resulting area of both parcels, excludmg the access easement area shall be a minimum of 7,500 square feet 7 The applicant shall execute a Restnctive Covenant whereby they agree to complete or participate m the future improvements of SW Kathenne Street ad�acent to fhe 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 im�provements are part of a larger proJect to be financed or paid for in whole or in part by the City or other public agency, C when the improvements are par� 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 subJect property, or D when construction of the improvements is deemed to be appropriate by the City Engmeer in con�unction w�th construction of improvements by others ad�acent to the sub�ect site 8 The finai plat shall show a �oint ingress/egress easement to be shared befinreen the three properties mvolved in the three partitions (MLP 2002-00012, 2002-00013 and 2002-00014) and shall also address mamtenance responsibdity of the shared access NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 2 of 22 9 The applicant shall either place the existing overhead utdrty Imes along SW Kathenne Street underground as a part of this pro�ect, or they shall pay the fee in-lieu of undergrounding The fee shall be calculated by the fronta�e of the site that is parallel to the utdity lines and wdl be $27 50 per lineal foot If the fee option is chosen, the amount wdl be $2,063 06 and it shall be paid pnor to approval of the final plat 10 The applicanYs finaf plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22) These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north These coordinates can be establishedby . GPS tie nefinrorked to the City's GPS survey . By random traverse usmg conventional surveying methods 11 Final Plat Application Submission Requirements A Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative B Attach a check m the amount of the current final plat review fee (Contact Planning/En meering Permit Technicians, at (503)639-4171, ext 426 C The final pla� and data or narrative shall be drawn to the mmimum s andards 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 Katherine treet shall be made on the final plat E NOT� Washington County wdl not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the appl�cant's surveyor F After the City and County have reviewed the final plat, submit finro mylar copies of the final plat for City Engineer si�nature (for partitions), or City Engineer and Community Development Director signa ures (for subdivisions) Submit to the Planning Department(Morgan Tracy, 639-4171, ext 2428) for review and approval 12 Prior to final plat approval, the applicant shall submit a landscape plan which shows A Landscape or solid fence screening along the portion of the proposed accessway that is visible from WCTM 1 S135CC lot 3300 and 2900 This screen shall compIy with one of the three options for screening as prescribed m TDC Section 18 745 050 (5 Installation of said screen shall occur pnor to final building permit approval on Parcel #� B A street tree plan for the proposed access dnve in accordance with the size and spacing standards under TDC Section 18 745 040 C THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS u mit to t e ngineering epa ment rian ager, , ex or review an approval 13 Pnor to issuance of budding permits, the applicant shall provide the Engmeering Department with a "photomylar" copy of the recorded final plat 14 Prior to issuance of the budding permits, the public sewer line work for the three partitions shall be completed and accepted by the City NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 3 of 22 15 Pnor to issuance of buildmg permits, the applicant shall provide the City with as-built drawmgs of the public improvements as follows 1) 3 md mylar, 2) a diskette of the as-budts in "DWG"format, if available, otherwise "DXF" wdi be acceptable, and 3) the as-budt drawings shall be tied to the City's GPS nefinrork The applicant's engineer shall provide the City with an electronic file with pomts for each structure (manholes, catch basins, water valves, hydrants and other water system features) m the development, and their respective X and Y State Plane Coordinates, referenced to NAD $3 (91) 16 Prior to issuance of the budding permit for the new parcel, the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts wdl be the latest approved by CWS) 17 The applicant shall provide signage at the entrance of the Joint dnveway that lists the addresses that are served by the driveway Submit to the Planning Department(Morgan Tracy, 639-4171, ext 2428)for rev�ew and approval 18 The applicant shall Qrovide a tree protection plan for Parcel #2 and shared access drive, prepared by a certified arborist The applicant/owner shall install the required tree protection measures prior to buddmg permit issuance The applicant shall further note that the protection plan shall indicate that a certified arbonst must be present during any excavation within the driplines of any trees to remove Submit to the Build�ng Department (Development Service Technicians, 639-4171, ext 2439) for review and approval 19 Pnor to issuance of any budding permits, the applicanUowner shall provide documentation that Tualatin Valley Fire and Rescue has reviewed and approved the fire flow documentation for the existing fire hydrant 20 The applicant/owner shall submit a site plan wrth the budding permit application for Parcel #2 that meets the height and setback requirements as prescribed for flag lots, per TDC Sections 18 730 020(C) and 18 420 050(4)(e) The site plan shall also show access taken from the �oint accessway The site plan shall also reflect the abandonment of one of the existing driveway accesses serving the parcel on SW Tigard Street and�oint use of the shared dnve THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF FINAL BUILDING INSPECTION u mi o e anning epa men organ racy, , ex or review an approva 21 Following completion of the shared access dr�ve but prior to issuance of any final budding mspections, the applicant/owner shall provide evidence that the screening along the access drive as required in the landscape plan has been installed, as well as the street trees along the shared access drive THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION SECTION III BACKGROUND INFORMATION Pro ert Histo The su Ject parcel is located withm the City of Tigard The Qroperty is designated Low Density Residential on the Tigard Comprehensive Pfan Map The sub�ecf lot was divided from Lot 10 of Greenburg Heights Addition subdivision Apart from a mechanical permit, buddin� permits to convert the garage to habitable space in 1996, and a lot line ad�ustment that was perFormed m order to facilitate the current application, no other land use approvals were found to be on file NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 4 of 22 Site Information and Pro osal Descn tions The applicant is reques ing a Minor Land Partition to partition one (1) existing 15,811 square foot lot into finro (2) parcels for detached single-famdy residences An existing single-famdy dwelling is located on the sub�ect parcel and is proposed to remain on Parcel #1 in compliance with all setback requirements The ad�acent properties and surrounding area are characterized by single-famdy homes SECTION IV PUBLIC COMMENTS The City maded notice to property owners withm 500 feet of the sub�ect site providing them an opportunity to comment A number of letters have been received from ad acent property owners, including Brooks Gaston, John Slagle, Margaret and Dewey Hamdton, and �ererdene Gibson The concems were primardy focused on storm drainage issues as a number of the nearby yards have poor drainage currently The Hamdton's also inquired about the depth of the proposed sewer to ensure that it would be adequate to serve the furthest lot These issues are discussed in greater detad under Chapter 18 810 (Street and Utdity Improvement Standards) later in this decision SECTION V APPLICABLE REVIEW CRITERIA AND FINDINGS Land Part�tions (18 420� The proposed partition complies with all statutory and ordinance requirements and regulations, The proposed partition complies or can be made to comply with all statutory and ordinance requirements and regulations as demonstrated b the analysis contained within this administrative decision and through the imposition of conditions o�development approval All necessary conditions must be satisfied as part of the development and building process Therefore, this critenon is met There are adequate public facilities available to serve the proposal, Public facdities are discussed in detad later in this decision under Chapter 18 810 (Street & Utdity improvement Standards) Based on the analysis provided herein, Staff finds that adequate public facilities are avadable to serve the proposal Therefore, this 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 & Utility Improvement Standards) Improvements wdl be reviewed as part of the permit process and dunng construction, at which time the appropnate review authonty wdl ensure that City and applicable agency standards are met Based on the analysis m this decision, Staff finds that this critenon is met All proposed lots conform to the specific requ�rements below The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning distnct The mmimum lot width required for the R-4 5 zoning district is 50 feet for sin le-family detached units, and 90 feet for duplex lots Both parcels are 75 feet in width Therefore, this s�andard has been met for single-famdy dwelfings, no duplexes wdl be able to be constructed on any of these proposed lots The lot area shall be as required by the appl�cable zoning district In the case of a flag lot, the accessway may not be �ncluded in the lot area The minimum lot area requirement in the R-4 5 zonmg district is 7,500 square feet for detached smgle- famdy units and 10,000 square feet for duplex units The proposed partition creates finro (2) lots that are both 7,500 square feet The remaining 811 square feet is utdized for the flag lot accessway Both parcels meet the requirements for single-famdy residential development This cnterion has been satisfied NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 5 of 22 1` 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 7 The proposed partition plat illustrates Parcel #1 as having 75 feet of frontage and Parcel #2 as having 70 feet of frontage on the proposed 20' wide access easement which connects to SW Tigard Street This criterion is met Setbacks shall be as required by the applicable zoning distr�ct Setbacks for the R-4 5 zonmg district are as follows front, 20 feet, side, 5 feet, and rear, 15 feet The existing house on Parcel #1 is proposed to remam This structure is situated 28 feet from the front properfy line, 47 feet to the proposed rear property Ime, 5 feet from the east side property Ime, and 4 7 feet from the west side property line As such, the existing dwellmg may remain as part of this partition application When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard �s less than 10 feet Structures shall generally be located so as to maximize separation from existing structures Proposed Parcel #2 is a flag lot There is opportunity on this 7,500 square foot lot to provide suitable separation from other nearby existing structures Nowever, at this time no home construction is proposed Therefore, conformance with this standard wdl be ensured through the budding permit review process A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located w�th�n ten feet of an abutting lot in accordance with Sections 18 745 040 Screening may aiso be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development The applicants plan calls for a 20 foot wide access drive to serve Parcel #2, in addition to serving two other fots being proposed in separate partition applications These other lots will also be flag lots behind the parent parcels that front on SW Kathenne Street and SW Tigard Street Since the access dnve wdl be utilized for the other two flag lot parcels behind the homes on Katherine Street, a screen is not appropnate along the shared property lines of the sub�ect parcel and the parcels being created by MLP2002-00012 and MLP 2002-000�4 However, the homes located at 10060 SW Tigard Street (WCTM 1S135CC lot 3300) and 10145 SW Kathenne Street (WCTM 1S135CC lot 2900) are not a part of or associated with this application, and should be buffered from the visual impacts of the shared driveway Therefore, landscaping or a solid fence shall be established along the boundary of the shared drive where it can be seen from tFiose parcels FINDING The application fads to propose adequate screening for the area along the flag lot accessway to satisfy this requirement CONDITION Pnor to issuance of budding and or engineering permits to construct the proposed access drive, the applicant/owner shall submit a landscape plan which shows landscape or solid fence screenmg along the portion of the proposed accessway that is visible from WCTM 1 S135CC lot 3300 and 2900 This screen shall comply with one of the three options for screening as prescribed in TDC Section 18 745 050 (5) Installation of said screen shall occur prior to final budding permit approval on Parcef#2 The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities The fire district (NFR) has reviewed the proposal and has provided comments as outlined later m this decision under Agency Comments It is likely that a fire hydrant wdl be required at the time of budding permit application due to the general lack of other hydrants near the intersection of the access dnve and SW Tigard Street Documentation of the fire flow level wdl be required to demonstrate that the mmimum 1,000 gallon per minute flow is available NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 6 of 22 FINDING The length of the proposed accessway and distance to the future dwellmg from the street wdl have a detrimental effect on fire �ighting capabdities should the existmg hydrant not have adequate fire fightmg flow CONDITION Pnor to issuance of any building permits, the appiicant/owner shall provide documentation that Tualatin Valley Fire and Rescue has reviewed and approved the fire flow documentation for the existing fire hydrant Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and ma�ntenance rights shall be recorded with the approved partition map This proposed partition would require that the accessway be shared Parcel #2 will Jointly be responsible for the accessway with the other lots that are served by it, with the exact stipulations for maintenance to be established by the applicant in the reciprocal easement FINDING The access dnve wdl serve Parcels #2, in addition to finro other parcels, part of separate applications CONDITION The final plat shall show the proposed 20-foot wide �omt access easement to be shared befinreen Parcel 2 as well as the two other parcels on the ad�oining lots and shall also address maintenance responsibdity Any access way shall comply with the standards set forth in Chapter 18 705, Access, Egress and C�rculation This standard is addressed under 18 705 (Access, Egress and Circulation) later in this decision Where landfill andlor development is ailowed within or ad�acent to the one-hundred year floodplain, the city shall rec�uire 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 �n 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 appI�cation for a var�ance to the standards prescribed �n this chapter shall be made in accordance with Chapter 18 370, Variances and Ad�ustments The appl�cations 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 Res�dential Zoning Districts (18 510) Development standards in residential zoning d�str�cts are contained in Table 18 510 2 below (See the table on the follow�ng page) NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 7 of 22 TABLE 18 510 2 - Cont'd , DEVELOPMENT STANDARDS I RESID NTIAL ZONES STANDARD� � ,�� av; ,� _ � ,�� . "�R-4 5� �'� � -Parcel 1�� Parcel 2�� Mirnmum Lot SizeA 4 -Detached urnt 7 500 sq ft 7 500 sq ft 7 500 sq ft -Duplexes 10 000 sq ft Average Minimum Lot Width -Detached unit lots 50 ft 75 ft 75 ft -Du lex lots 90 ft Maximum Lot Coverage -- Minimum Setbacks -Front yard 20 ft 28 ft Can be met - -Side facing street on comer&through lots 15 ft N/A N/A -Side yard 5 ft 5 ftJ4 7 ft Can be met -Rear yard 15 ft. 47 ft Can be met -Side or rear yard abutUng more restncUve zornng distnct — N/A N/A -Distance between properly Ime and front of garage 20 ft 30 ft. Can be met -Side Yard Setbacks for Flag Lots DC 18 420 050 A 4(e * 10 ft N/A Can be met Mawmum Height 30 ft "* 14 Can be met*" Mirnmum Landscape Reqwrement -- N/A N/A `Not a part of th�s table but has been InGuded for reference "'The maximum height on a Flag Lot is 1Yz stones or 25 feet,whichever is less or as otherwise prov�ded for in TDC 18 730 020(C)(2) A minimum lot size of 7,500 square feet is required for each lot The proposed lot sizes of 7,500 square feet meet this standard Parcel #1 contams a single-family dwelling and is in compliance with the required R-4 5 setbacks Parcels #2 is currently vacant Future development of these parcels will be reviewed through the building permit process to ensure compliance with the R-4 5 development standards Setback standards, required by Table 18 510 2 will apply to all future development of the proposed lots It should be noted that the setbacks and height limifs for the flag lot (Parcel #2) are different than the underlymg zone, as required by Sections 18 730 020(C) and 18 420 050(4)(e) FINDING Based on the analysis above, the Residential Zoning District Standards for Parcels #1 and #2 wdl be met with the imposition of the following conditions CONDITION The applicant/owner shall submit a site plan with the building permit application for Parcel #2 that meets the hei ht and setback requirements as prescribed for flag lots, per TDC Sections 18 730 020(G� and 18 420 050(4)(e) Access, Egress and Circulation (18 705� Continuing obiigation of property owner (Sect�on 18 705 030 A) The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real properly in the City There are reciprocal access agreements necessary for adequate access to proposed Parcel #2 Owners of this parcel wdl be under the obligation to prov�de and maintam 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 has been met Access Plan requirements (Section 18 705 030 B) No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, e ress and circulation requirements are to be fulfilled The ap I�cant 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 To reduce the number of dnveways entenng SW Tigard Street, the applicant will be required to consolidate the driveways serving the sub1ect flag lot with fhe driveways on the two ad�oining flag lots as well as the existing driveway serving the fronting parcel on SW Tigard Street NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 8 of 22 Jo�nt Access (Section 18 705 030 C) Owners of two or more uses, structures, or parcels of land may agree to ut�lize �ointly the same access and egress when the combined access and egress of both uses, structures, or parceis of land satisfies the comb�ned requirements as designafed in this title, provided Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establ�sh the �oint use, and copies of the deeds, easements, leases or contracts are placed on permanent file w�th the City Joint access to Parcel #2 is proposed, therefore, an access easement wdl be required to be recorded with Washington County and fled with the City Public street access (Section 18 705 030 D) All vehicular access and egress as re�uired in Sections 18 705 030H and 18 705 0301 shall connect directly with a public or pr�va e street approved by the City for public use and shall be mamtained at the required standards on a continuous basis All proposed parcels wdl have access to the shared driveway which wdl connect directly with SW Tigard Street, a public street The 20-foot-wide accessway satisfies the 20-foot access width with a minimum of 20 feet of pavement required for up to 6 dwelling units per the dimensional standards in TDC Table 18 705 1 Access Manaqement(Section 18 705 030 H� Section 18 70 030 H states that an access report shall be submitted with all new development proposals which verifies des�gn of drrveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washingfon County, the City and AASHTO The location of the new pnvate dnveway to serve this development and two other proposed partitions ad�acent to this site, should have adequate sight distance, based upon its location along Tigard Street However, the applicant has not yet submitted a report showing the sight distance is met Staff recommends the applicant submit a prelimina sight distance certification from their engineer prior to approval of the final plat Any improvements�hat may be needed in order to ensure adequate sight distance shall be completed pnor to approval of the final plat as well Sect�on 18 705 030 H 2 states that driveways shall not be permitted to be placed �n 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 intersection The min�mum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right- of-way line of the intersectm� street to the throat of the proposed drivewa� The setback may be �reater depending upon the influence area, as determined from City Engmeer review of a traffic impact report submitted by the appl�cant's traffic engineer In a case where a pro�ect has less than 150 feet of street frontage, the applicant must explore any option for shared access with the ad�acent parcel If shared access is not possible or practical, the dnveway shall be placed as far from the intersection as possible The �oint private dnveway location wdl not be in the influence area of a collector or artenal street intersection 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 min�mum spacmg of driveways and streets along an arterial shall be 600 feet The m�n�mum spacing of local streefs along a local street shall be 125 feet SW Ti�ard Street is classified as a neighborhood route, which most closely relates to a local street The new private driveway wdl be over 400 feet away from the Katherine Street mtersection, and over 1,000 feet away from the Tiedeman Street mtersection Therefore, this cnterion is met Minimum access requ�rements for resident�al use (Section 18 705 030 I) Private residential access dr�ves shall be provided and mainta�ned �n accordance with the provisions of the Uniform Fire Code This standard wdl be addressed under the "Agency Comments" section on page 21 of this decision NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 9 of 22 Access dnves in excess of 150 feet in length shall be provided with approved provis�ons 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 outs�de edge of 35 �eet, b) A hammerhead- ` configured, paved surface with each leg of the hammerhead having a m�nimum depth of 40 feet and a m�nimum w�dth of 20 feet, c) The maximum cross slope of a reqwred turnaround is 5% The site plan shows that the accessway is approximately 120 feet m length Smce the drive wdl not exceed the 150 foot length limitation, no turnaround will be required FINDING Based on the analysis above, Staff finds the Access, Egress and Circulation Standards have not been met Demonstration of compliance wdl be assured through the building permit review CONDITIONS . Prior to final plat approval, the applicant/owner shall submit a reciprocal access easement and maintenance agreement for the Jomt access servmg Parcel #2 for review The easement shall be recorded with the plat . Prior to issuance of building permits for Parcel #2 or any other parcel bemg served by the shared driveway, the applicanUowner shall abandon one of the existing dnveway access pomts on SW Tigrad Street Density Computations (18 715� A Definit�on of net development area Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legaf descnption of the property to be developed 1 All sensitive land areas 2 All land ded�cated to the public for park purposes, 3 Ali land dedicated for public rights-of-way 4 All land proposed for private streets, and 5 A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site B Calculating maximum number of residential units To calculate the maximum number of residential units per net acre, drvide the number of square feet �n the net acres by the minimum number of square feet reqwred for each lot in the applicable zoning district C Calculating minimum number of residential units As required by Section 18 510 040, the m�nimum number of residential un�ts per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0 8) The standards for Density computation address the intensity of residential land uses, typically expressed as the number of housing units per acre The total square footage of the sub�ect property is 15,811 square feet There are no sensitive land areas, public dedications, or private streets within the sub1 ect proposal However, to determine the net developable area, the square footage of Parcel #1 (7,500 square feet) is subtracted from the calculation because it has a pre-existing smgie-family dwelling Additionally, the area of the accesswa (811 square feet) is subtracted as it is excluded from the lot area per TDC Section 18 120 089( � This results in a net developable area of 7,500 square feet As the minimum lot size for the R�5 zone is 7,500 square feet (10,000 square feet for duplexes), the maximum number of additional residential units (single-famdy or duplex) is one The proposed partition creates 2 separate lots in conformance with the density requirements FINDING Based on the analysis above, the Density Computation Standards have been met Landscapingand Screening (18 745� Street trees Section 18 745 040 Section 18 745 040 A All development pro�ects fronting on a publ�c street, private street or a private driveway more than 100 feet in length approved after the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18 745 040C NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 10 of 22 This proposed pro�ect has frontage on SW Kathenne Street The access drive servmg the proposed lot wdl be approximately 120 feet in 1ength Therefore, street trees are required along the access drive and shall be planted in accordance with the standards for size and spacing in this title, under Section 18 745 040 C Since SW Katherine is unimproved and since the street improvement will not occur as part of this application, plantmg of street trees wdl be deferred untd the street improvements occur The remainin� landscape standards are deferred untd the time of development, except for screening of the private drive which is addressed in this decision under Section 18 420 050 FINDING The requirement for planting street trees along the access drive is not met In order to meet this requirement the applicant shall satisfy the following condition CONDITION The applicant shall provide a street tree plan for the proposed access dnve in accordance with the size and spacing standards under TDC Section 18 745 040 C Tree Removal �18 790�, A tree plan for the planting, removal and protection of trees prepared by a cert�fied arborist shall be provided for any lot„ parcel or comb�nation of lots or parcels for which a development application for a subdiv�sion, partition, site development review, planned development or conditional use is filed Protection is preferred over removal wherever possible The applicant has not specified the trees that will require removal, but has included an arbonst's assessment of the trees This assessment notes that there are several trees that will require removal to accommodate the shared driveway, however, several of these trees are on seQarate properties from the sub�ect site On the sub�ect site, there are seven trees that are greater than 12' in diameter Only one of these trees requires removal due to the construction of the sFiared access drive Since this removal represents only 14% removal, no mitigation is required The remammg trees on site wdl be required to be protected through the construction phase per t(�e City Forester's recommendations noted later m this decision and the applicant's arborist report 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 CONDITION Submit a tree protection plan with the budding permit application for Parcel #2, shared access drive, and utility installation prepared by a certified arbonst The applicanUowner shall install the required tree protection measures prior to budding permit issuance V�sual 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 intersecting right-of-ways or the intersection of a public street and a private driveway A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruct�on exceeding three (3) feet in height The code provides that obs�ructions 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 th�s area provided that all branches be ow eight (8) feet are removed A visuaf clearance area is the triangular area formed by measur�ng from the corner, 30 feet along the right of way and along the driveway and connecting these finro pomts with a straight line Apart from the large oak trees on SW Katherine Street, which are exempt from the visual clearance requirements, there are no obstructions to the visual clearance area for the egress from Parcel #1 The site plan shows a wood fence along SW Tigard Street that exceeds the height allowed for pro�ections into the visual clearance area The portion of the fence that encroaches into this area wdl be required to be removed in order to comply with the visual clearance area for the egress for Parcel #2 FINDING Based on the analysis above, Staff finds that the Vision Clearance Standards are not presently met CONDITION The applicant/owner shall ensure that the visual clearance area on SW Tigard Street is not obstructed pnor to approval of the final plat NOTICE OF DECISION MLP2002-00�13/SWOPES PARTITION PAGE 11 of 22 Impact Studv (18 390� Section 18 60 090 states, "The Director shall make a finding with respect to each of the following criteria when approving, approving with cond�tions or denying an application " Section 18 390 040 states that the applicant shall provide an impact study to quantify the effect of development on public facilit�es and services For each public facility system and type of �mpact, the study shall propose improvements necessary to meet C�t� standard, and to minimize the impact of the development on the public at large, publ�c facilities systems, and affected private property users In situations where the Community Development Code requ�res the ded�cation of real property interests, the applicant shall either spec�fically concur with a requ�rement for Qublic right-of-way dedication, or provide ev�dence that supports that the real properly 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 authonty shall adopt findings wh�ch support the conclusion that the interest in real property to be transferred is roughly proport�onal to the impact the proposed development will have on the public The applicant has submitted an impact study The applicant will not be required to physically improve the street due to the limited extent of frontage on this street However, the applicant will be required to submit a waiver of remonstrance for future participation in a Local Improvement District (LID) for street improvements to mitigate for the addition of 20 vehicle trips from the site The applicant will be extending storm drainage to account for the additional impervious area being added to the site Sewer is already avadable and has sufficient capacity to serve the develo ment Other impacts to public facdities are offset by the collection of Systems Development Charg es �SDC's) collected at the time of budding permit issuance Therefore, this standard can be satisfied through meeting the conditions of approval in this decision The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of developmenf Based on a transportation impact study repared by Mr David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected �o recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system The applicant wdl be required to pay TIF's of approximately$2,260 per new dwellmg unit Based on the estimate that total TIF fees cover 32 percent of the impact on maJ or street improvements at�rwide, a fee that would cover 100 percent of this proJ ects traffic impact is $7,063 ($2,260 times one unit divided by 32) The difference befinreen the TIF paid, and the full impact, is considered the unmiti ated impact on the street system The unmitigated impact of this ro ect on the transportation system is $4,803 The applicant wdl be required to dedicate additional right of�way along SW Kathenne Street The approximate value of these exactions is $1,575 (75'X7'X$3 00 s f) As tfie value of this dedication is less than the unmitigated impact, this exaction is clearly proportionafe PUBLIC FACILITY CONCERNS Street And Ut�lity Improvements Standards (Section 18 810� Chapter 18 810 provides construction standar�t�implementation of public and pnvate facil�t�es 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 withm a development and streets ad�acent shall be improved m 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 NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 12 of 22 Minimum Rights-of-Way and Street Widths Section 18 810 030 E requires a local residential street to have a 42 to 50-foot nght-of-way w�dth and a 24 to -foot paved section Other improvements required may include on-street parking, s�dewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees This site lies ad�acent to SW Kathenne Street, which is classrfied as a local residential street on the City of Tigard Transportation Plan Map At present, there is approximately 20 feet of ROW from centerline, accordin to the most recent tax assessor's map The applicant shoufd dedicate additional ROW on the final plat�o provide 27 feet from the centerline SW Katherine Street is paved but not fully improved to City standards TMC 18 810 030(A)(1� states that streets within a development and sfreets adJacent 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 associa{ed with the pro�ect does not, by �tseif, 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 wdl 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) states that a guarantee m 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 widening pro�ect for the street carned out by the City, a third party, or through a local improvement distnct This agreement must be executed prior�o approval of the final plat This partition is being proposed in con1unction with finro others (MLP 2002-00012 and MLP 2002-00014) The net result of all three partitions is three additional budding lots According to the applicant's plan, the three new parcels will each share a common driveway that wdl access SW Tigard Street The applicant wdl be required to show a oint ingress/egress easement on the final plat to clarif�r that the three properties have access ngh�s The applicant wdl also be required to execute a �omt maintenance agreement to clarify maintenance responsibdities befinreen the three parcels Cul-de-sacs 18 810 030 K states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling un�ts, and shall only be used when environmental or topo�raph�cal constraints, existin� development pattern, or strict adherence to other standards in this code preclude street extension and through circulation • All cul-de-sacs shall terminate with a turnaround Use of turnaround configurations other than circular, shall be approved by the City Engineer, and . The length of the cul-de-sac shall be measured along the centerline of the roadway from the near side of the �ntersecting street to the farthest point of the cul-de-sac . If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an ad�acent street may be requ�red to be provided and dedicated to the City The applicanYs plan does not include a proposed cul-de-sac, therefore this standard is not applicable Street Alignment and Connections Section 18 810 030(G) requires all local streets which abut a development s�te shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, ex�sting development patterns or strict adherence to other standards in th�s code A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible The applicant must show why the constraint precludes some reasonable street connection There are no existing public streets that stub mto this site Access to Arterials and Ma�or Collectors Section 18 810 030 P states that where a development abuts or is traversed by an existing or proposed artenal or maJ or collector street, the development des�gn shall provide adequate protection for residenfal Qropert�es and shall separate residential access and through traffic, or if separation is not feasible, the des�gn shall minimize the traffic confl�cts The design shall �nclude any of the following NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 13 of 22 • A paraliel access street along the arterial or ma�or collector, • Lots of suitable depth abutting the arterial or ma�or collector to provide adequate buffering w�th frontage along another sfreet, • Screen plant�ng at the rear or side property line to be conta�ned in a nonaccess reservation along the arteriai or maJor collector, or . Other treatment suitable to meet the ob�ectives of this subsection, • If a lot has access to two streets with different classifications, primary access should be from the lower classification street The proposed development is neither abuttmg nor traversed by existing or proposed arterial or collector streets Therefore, this standard is not applicable Private Streets Section 18 810 030 S states that design standards for pnvate streets shall be established by the City Engineer The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement Pr�vate streets serving more than six dwelling units are perm�tted only with�n planned developments, mobile home parks, and multi-family residential developments No private streets are proposed with this development Therefore this standard is not applicable Block Designs - Section 18 810 040 A states that the length, width and shape of blocks shall be desi�ned with due regard to providing adequate building sites for the use contemplated consideration of needs for convenient access, circulation, control and safety of street traffic anc� recognition of limitations and opportunities of topography Block Sizes Section 18 810 040 B 1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or, • For blocks ad�acent to artenal streets, limited access highways, ma�or collectors or railroads . For non-residential blocks �n which �nternal public circulation provides equrvalent access This proposal is not creating any additional streets and therefore this standard is not applicable Section 18 810 040 B 2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible Spacing between connect�ons shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or stnct adherence to other standards �n the code The existmg development pattem precludes the practical application of this standard, as there is no logical connection to make via a pedestrian connection Lots - Size and Shape Section 18 810 060�A) prohibits lot depth from be�n� more than 2 5 times the average lot width, unless the parcel is less than 1 5 times the m�nimum lot size of the applicable zoning d�strict Both parcels are less than 1 5 times the 7,500 square foot minimum lot size Therefore, this standard is met Lot Frontage Sect�on 18 810 060(B) requires that lots have at least 25 feet of frontage on publ�c or private streets, other than an alley In the case of a land part�tion, 18 420 050 A 4 c applies, which requires a parcel to either have a minimum 15-foot frontage or a mmimum 15-foot wide recorded access easement in cases where the lot �s for an attached single-family dwelling unit, the frontage shall be at least 15 feet Each of the proposed lots meets the 15-foot mirnmum frontage requirement onto erther SW Kathenne Street, a public street, or the shared accessway Therefore, this standard is met NOTICE OF DECISION MLP2002-00013lSWOPES PARTITION PAGE 14 of 22 Sidewalks Section 18 810 070 A requires that sidewalks be constructed to meet City design standards and be located on both sides of arteriai, collector and local residential streets By entermg into the restrictive covenant for Katherme Street, this critenon wdl be met Sanitary Sewers Sewers Required Sect�on 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 prov�sions set forth in Design and Construction Standards for San�tary and SurFace Water Management (as adopted by Clean Water Services �n 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan Over-sizin� Section 18 810 090 C states that proposed sewer systems shall include considerat�on of additional development within the area as proJected by the Comprehensive Plan There is an existing 8-inch sewer line m Katherine Street that has adequate capacit�r for this development The plan shows that a new main line wdl be extended northerly from Kathenne Street befinreen the three properties involved m the partitions to serve the new parcels This plan is acceptable provided the three partition applicants work together and the utdity improvements are installed under one permit Storm Drainage General Provisions Section 18 810 100 A states requires developers to make adequate provis�ons for storm water and flood water runoff Accommodation of Upstream Drainage Section 18 810100 C states that a culvert or other dra�nage fac�lity shall be large enough to accommodate potential runoff from its entire upstream dra�nage area, whether inside or outside the development The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construct�on Standards for Sanitary and Surface Water Management (as adopted by Clean Water Serv�ces in 2000 and including any future rev�s�ons or amendmen}s) There are no upstream dramageways that affect this site Effect on Downstream Drainage Section 18 810100 D states that where it is ant�cipated by the City Engineer that the addit�onal runoff resulting from the development will overioad an existing draina�e facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Des�gn 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) In 1997, Clean Water Services (CWS) completed a basm study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan Section V of that plan includes a recommendation that local govemments institute a sformwater detention/effective impervious area reduction program resultmg in no net increase in storm peak flows up to the 25-year event The City wdl require that all new developments resulting in an increase of impervious surfaces provide onsite detention facdities, unless the development is located ad�acent to Fanno Creek For those developments ad�acent to Fanno Creek, the storm water runoff wdl be permitted to discharge without detention The applicant's onginal application showed a plan for directing the dramage from the three properties out to the ditch in Kathenne Street However, durmg the review penod, it became apparent that the ditch system in Katherine Street is not adequate to accommodate the flows from the three partition developments The applicant's engmeer performed a thorough downstream analysis and concurred with Staffs concem The engmeer is now proposing that a new public main line be installed in the street and extended westeriy to a pomt where it can be safely discharged mto a very defined ditch at the end of the Kathenne Street improvements From there, the d�tch travels over City park land to Fanno Creek Staff concurs with this solution and is comfortable that it wdl adequately accommodate the dramage from these developments All existmg rain drains that may discharge mto the ditch system in Katherine NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 15 of 22 Street, where the new main wdl be mstalled, wdl be tied mto the new line The existing d�tch and culvert system wdl be removed and backfilled Existmg dnveways wdl be restored once the culverts are removed One nelghbor (Brooks Gaston) submitted a letter, dated March 14, 2003 Mr Gaston lives in the home at 1027� SW IVleadow Street, which backs up to a relatively vacant property (Webb property, 1 S1 35CC, #600) befinreen his home and the applicant's proposed Parcel 6 (as sF�own on the plan) Mr Gaston's property is approximately 230 feet to the west of Parcel 6 Mr Gaston indicates that the overland sheet fiows behind his home fiave worsened over the years and causes his back yard to flood each wmter Mr Gaston was concerned about the original storm drainage plan shown by the applicant, as it may not be deep enough to collect all of the water from Parcel 6 Mr Gaston is hoping that a storm dramage solution could be developed that would alleviate his back yard flooding issue The applicanYs representative (Mdes Schlesinger) met with a representative from the Webb parcel, Mr Gaston and another nei�hbor south of Gaston along Meadow Street separately to discuss the potential of one common storm Ime that would run westerly across the Webb parcel, then south along the east boundaries of Gaston and the nei hbor to the south to get to the ditch m Kathenne Street At this pomt, the ditch m the street is more de�ned That solution was not agreed to by all parties, so the applicant could not carry it forward However, the current plan wdl ensure that the overland sheet flows experienced by Mr Gaston wdl not become worse If anything, they wdl improve because all of Parcel 6 will be able to be drained toward the new line This is due to the fact that a storm line will be installed, which wdl have a depth of approximately three feet With the old plan, the applicant was attempting to tie into a ditch, which would only have a few mches of depth The plan shows a common pnvate storm line extending north from Katherine Street along the west boundary of Tax Lot 3000 (Swopes, MLP 2002-00013) wifh laterals to reach all new parcels Staff is confident that this new plan wdl adequately address the storm water runoff from this development Bikeways and Pedestrian Pathways Bikeway Extension Section 18 810110 A states that developments ad�oining proposed b�keways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extens�on of such bikeways through the dedication of easements or right-of-way SW Katherme Street is not classified as a bike facdity Cost of Construction Section 18 810 110 B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will princ�pally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements Not applicable Minimum Width Section 18 810 110 C states that the m�nimum width for b�keways within the roadway is five feet per bicycle travel lane Minimum width for two-way b�keways separated from the road is e�ght feet Not applicable Utilities Section 18 810120 states that all utdity lines, but not limited to those required for electric, communication, lighting and cable telev�sion services and related facilities shall be placed underground, except for surFace mounted transformers, surFace mounted connection boxes and meter cabinets wh�ch may be placed above ground, tem porary utility serv�ce facilities dunng construction, high capac�ty electric lines operating at 50,000 volts or above, and . The developer shall make all necessary arrangements with the servmg utility to provide the underground services, • The City reserves the r�ght to approve location of all surFace mounted facilities, • All underground utilit�es, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surFacing of the streets, and NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 16 of 22 • Stubs for service connections shall be long enough to avoid disturbing the street improvements when serv�ce connections are made Exception to Under-Ground�ng Requirement Section 18 810120 C states that a develo�per shall pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a street where existing ut�lities which are not underg round will serve the development and the approval authority determines that the cost and technical difficulty of under-g rounding the utilities outweighs the benefit of under-grounding in con�unction with the devefopment The determination shall be on a case-by�ase bas�s 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 ut�lities facilities An applicant for a development wh�ch is served by util�ties which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding There are existing overhead utdity lines alon the frontage of SW Katherine Street If the fee in-lieu is proposed, it is equal to $27 50 per lineal foo� of street frontage that contains the overhead lines The frontage along this site is 75 lineal feet, therefore the fee would be $2,063 00 ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS Public Water S stem is site is serve rom the City's water system The plan shows that three new meters wdl be set at the private driveway entrance onto Tigard Street Three new water services will need to be run westerly to reach the new parcels This work will require a plumbmg permit from the City Storm Water Quality The City has agreed to enforce Surface Water Management�SWM� regulations established by Clean Water Services (CWS) Design and Construct�on Stan ards adopted by Resolution and Order No 00-7) which require the construction of on-site water quality facilit�es The facilities shall be designed to remove 65 percent of the phosphorus conta�ned in 100 percent of the storm water runoff generated from newly created �mpervious surfaces In addition, a maintenance plan shall be submitted indicatmg the frequency and method to be used in keeping the facility maintained through the year The CWS standards mclude a provision that would exclude small proJects such as residential land partitions It would be impracticaf to require an on-site water quality facdity to accommodate treatment of the storm water from the new parcel Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facdity if deemed appropriate Staff recommends payment of the fee in-lieu on this application Gradin and Erosion Control CWS Design an Construction Standards also regulate erosion control to reduce the amount of sed�ment and other pollutants reach�ng the publ�c storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity whicfi accelerates erosion Per CWS regulations, the applicant �s required to submit an erosion control plan for City review and approval prior to issuance of City permits The Federal Clean Water Act requ� ires that a National Pollutant Discharge Elimination System (NPDES) erosion control perm�t be issued for any development that will disturb five or more acres of land Since this site is not over five acres, the developer wdl not be required to obtain an NPDES permit from the City prior to construction The site plan for the subsequent home wdl need to include a grading and erosion control plan that will be reviewed and approved by the Buitdmg Division Site Permit Re�uired The applicant is required to obtain a Site Permit from the Buddmg Divis�on to cover all on-site private utdity mstallations (water, storm, etc ) and dnveway construction This permit shall be obta�ned pnor to approval of the final plat NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 17 of 22 Address Assiqnments The City of Tigard is responsible for assign�ng addresses for parcels within the City of Tigard and witfiin the Urban Service Boundary (USB) An addressmg fee m the amount of$30 00 per address shall be assessed This fee shall be paid to the Ci� prior to approval of the final plat For this prolect, the addressin� fee will be $30 00 The developer wd also be required to provide signage at the enfrance of shared dnveway that lists the addresses that are served by the driveway TF�is wdl assist emergency services personnel to more easdy find a particular home T�Surve �Requirements plicant�na�pl-at shall contain State Plane Coordinates [NAD 83 (91)] on finro monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22) These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary Along with the coordmates, the plat shall contain 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 nefinrorked to the City's GPS survey . By random traverse using conventional sunreying methods In addition, the app licant's as-budt drawings shall be tied to the GPS nefinrork The applicanYs engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91 SECTION VI OTHER STAFF COMMENTS City of Tigard Police Department has reviewed the proposal and requested that the address for the Parcels #1 and 2 be posted at the front of the driveway near the street in order to speed delivery of emergency life/safety services RESPONSE This will be required as a cond�tion of approval City of T�gard Forester has reviewed the proposal and offered the followmg comments 1 18 745 030, TREE PROTECTION DEVICES E PROTECTION OF EXISTING VEGETATION Existing vegetation on a site shall be protected as much as possible 1 The developer shall provide methods for the protection of existing vegetation to remain dunng 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 in snow fencmg 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 wdl not be removed onsite that is within the limits of disturbance of this pro�ect must be protected Any tree that is located on propert��acent to the construction proJect that wdl have more than 15% of its root system disturbed by construction activities shall also be protected 1 2 Detads and specifications are required as to how the trees wdl be protected on site 1 3 Provide a construction sequence including installation and removal of tree protection devices, cleanng, gradmg, or instaliation of sediment and erosion control measures, and other activities that may be required to implement the tree protection measures NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 18 of 22 1 4 Include in the notes on the final set of plans that equipment, vehicles, machinery, dumping or storage, or other construction activities, bunal, bummg, or other disposal of construction materials must not be located inside of any tree protection device or outside of the limits of disturbance where trees are being protected No grading, filling or any other construction activity may occur within the tree protection devices at any time or outside of the limits of disturbance where trees are being protected unless approved by the City Forester 1 5 All tree protection devices shall be ■ Visible ■ Constructed of 11 Gauge steel chain-link fencing supported on at least 2" O D steel posts Each post shall be no less than four feet high from the top of grade Each post shall be driven into the ground to a depth of no less than finro and a half feet below grade Each post shall be spaced no further apart than four feet ■ Between each post, securely attached to the cham-Imk fencing, shall be a sign mdicating that the area behind the fencing is protected and no construction activity, includmg material storage, may occur behind the fencmg ■ Approved in the field pnor to clearing, grading, or the beginning of construction ■ Remain m 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 '/Z 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 dnpline 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 stockpde area and the stag�ng area (if different from the stockpile area) 1 8 All of this information must be included in the final plan's notes or drawings 1 9 If it is necessary to enter the tree protection zone at any time with equipment (trucks, bulldozers, etc ) the City Forester must be notified before any entry occurs Before entering the protection zone a layer of at least five (5) mches of wood chips or mulch must be placed over the root zone where the vehicles wdl be dnven This method wdl minimize the adverse impacts of compaction from the equipment When access to this area is no longer needed the wood chips or mulch must then be dispersed (somewhere onsite is okay)down to a level of not more than four(4) inches deep 1 10 Specific to this �ro�ect • All trees on the neighbonng properties must receive the same protection guidelines as the trees on the applicant's site • If the tree protection guidelines outlined in the conditions of approval are not followed, moved after bemg approved m the field, knocked down dunng construction or are removed prior to the end of construction the pro�ect wdl be o Immediately shut down untd the fencmg is reinstalled according to the conditions of approval o Each impacted tree shall be bonded for seven years m the amount of $5,000 00 per tree NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 19 of 22 o Corrective action wdl taken by the applicant to address the damage done to the Cntical Root Zones of each tree Corrective action may include, but not limited to, loosening compacted sod, replacing graded soil or removing filled sod o A fine of $250 00 per day shall be assessed to the applicant for each day that the fencing is down • Tree #25 should be presenred at any cost and the sanitary line should be moved to the eastem side of 10085 SW Katherme or the westem side of 10135 SW Katherme 2 ILLEGAL TREE REMOVAL. 18 790 060 C 2 Payment of an additional civd penalty representmg the estimated value of any unlawfully removed or damaged tree, as determined usmg the most current Intemational Society of Arbonculture's Guide for Plant Appraisal 3 TREE SPECIES SELECTION & PLANTING. 18 745 030 C INSTALLATION REQUIREMENTS The installation of all landscapmg shall be as follows 1 All landscaping shall be ins#alled according to accepted planting procedures 2 The plant matenal shall be of high grade, and shall meet the size and grading standards of the American Standards for Nurberg Stock (ANSI Z-60, 1-1986, and any other future revisions), and 3 Landscaping shall be mstalled in accordance with the provisions of this title G CONDITIONS OF APPROVAL OF EXISTING VEGETATION The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no instance shall be less than that required for conventional development 3 1 It is recommended that all tree planting follow the guidelines set forth by the Intemational Society of Arbonculture's tree plantmg guidelines as well as the standards set forth in the American Institute of Architects' Arch�tectural Graphic Standards, 10�' edition In the Architectural Graphic Standards there are guidelines for selectmg and planting trees based on the sod volume and size at matuntv Additionally, there are directions for sod amendments and modifications I recommend that these guidelines be followed and adhered to at all times 3 2 In order to develop tree species diversity onsite it is recommended that the following guidelmes be followed ■ No more than 30% of any one famdy be planted onsite ■ No more than 20% of any one genus be planted onsite ■ No more than 10% of any one species be planted ons�te 3 3 I recommend that all of this information be included in the final plan's notes or drawings City of Tigard Operations Department has reviewed the proposal and has no ob�ections to it City of Tigard Public Works Department has reviewed the proposal and has no ob�ections to it NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 20 of 22 SECTION VII AGENCY COMMENTS Clean Water Services comments have been discussed above under Public Facdity Concems Tualatin Valley Water Distnct has reviewed the proposal and has no ob�ections to it Tualatin Valley Fire and Rescue has reviewed the proposal and offered the followmg comments �) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS Access roads shall be withm 150 feet o all portions of the extenor wall of the first story of the buddmg as measured by an approved route around the exterior of the budding An approved tumaround 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) 2� DEAD END ROADS Dead end fire apparatus access roads m excess of 150 feet in length shall e provi e with an approved tumaround Diagrams of approved tumarounds are avadable from the fire district (UFC Sec 902 2 2 4) s) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROT T O en ui dmgs are comp etely protected with an approve automatic ire sprinkler system, the requirements for fire apparatus access may be modified as approved by the Chief (UFC Sec 902 2 1 Exception 1) a► FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE Fire apparatus access roads shall have an unobstructed width o not less than 20 feet (15 eet for one or two dwelling units and out buddings), and an unobstructed vertical clearance of not less than 13 feet 6 inches (UFC Sec 902 2 2 1) Where fire apparatus roadways are less than 28 feet wide, "NO PARKING" signs shall be mstalled on both sides of the roadway and in tumarounds as needed Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and m turnarounds as needed Where fire apparatus roadways are 32 feet wide or more, parking is not restricted (UFC Sec 902 2 4) s� SURFACE AND LOAD CAPACITIES Fire apparatus access roads shall be of an all-weather su ace t at is easi y istinguis a e rom the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 50,000 pounds live load (gross vehicle weight) You may need to provide documentation from a registered engineer that the design will be capable of supporting such loadmg Documentation from a registered engineer that the finished construction is in accordance with the approved plans or the requirements of the Fire Code may be requested (Design criteria on back) (UFC Sec 902 2 2) s� TURNING RADIUS The inside tuming radius and outside tuming radius shall be not less than 25 feet and 45 eet respectively, measured from the same center pomt (UFC Sec 902 2 2 3) �� GRADE Pnvate fire apparatus access roadway grades shall not exceed an average grade of 10 aercent with a maximum grade of 15 ercent forlen ths of no more than 200 feet Intersections nd turnarounds shall be level (maximum 5%) with �he exception of crowning for water run-off Public streets shall have a maximum grade of '(5°/a (UFC Sec 902 2 2 6) s� SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS Fire hydrants for single ami y we ings, up exes an su -divisions, s al e p ace at each mtersection Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an intersection as measured m 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) 9� FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD Fire hydrants shall be located not more than 15 feet from an approved fire apparatus access roadway (UFC Sec 903 4 2 4) �o� REFLECTIVE HYDRANT MARKERS Fire hydrant_locations shall be identified by the mstallation of reflective ma ers he markers shall be blue They shall be located ad�acent and to the side of the centerline of the access road way that the fire hydrant is located on In case that there is no center line, then assume a centerline, and place the reflectors accordmgly (UFC Sec 901 4 3) NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 21 of 22 �� SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW The minimum avadable fire flow for single amily dwellings and dup exes shall be 1,000 gallons per minute If the structure(s) is(are) 3,600 square feet or larger, the required fire flow shall be determmed accordmg to UFC Appendix Table A-III-A-1 (UFC Appendix III-A, Sec 5) �2� ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION Approved fire apparatus access roadways an ire ightmg water supp ies s al be insta e and operational prior to any other construction on the s�te or subdivision (UFC Sec 8704) SECTION VIII PROCEDURE AND APPEAL INFORMATION Notice Notice was mailed to X The applicant and owners X Owner of record withm the required distance X Affected govemment agencies Final Decision THIS DECISION IS FINAL ON MAY 19, 2003 AND BECOMES EFFECTIVE ON JUNE 4, 2003 UNLESS AN APPEAL IS FILED A�p�eal The Director's Decision is final on the date that it is maded All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18 390 040 G 1 may appeal this decision in accordance with Section 18 390 040 G Z of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director withm ten (10) busmess days of the date the Notice of Decision was mailed The appeal fee schedule and forms are avadable from the Planrnng 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 penod Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during 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 JUNE 3, 2003 Questions If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at(503) 639�171 �� ` � � • � May 19, 2003 PR PARED Morgan Tracy DATE Associate Planner • 'w� May 19, 2003 APPROVED BY Richard Bewer o DATE Planning Manager i\curpinUnorgan\workspaceVnlpUnlp2002-00013(swopes)UnIp2002 00013 decision doc NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 22 of 22 . . GEOOR�PMIC INFOPMATIOH BYSTEM YICINITY MAP TIGARD ST s MLPZ002-00013 r� _ -- - - - - -- - - � SWOPES PARTITION � PIHAS ST �� '� � 9�'0 MEADOW gT C °°n F�� RD � S/ pE0.µY N ��C $ O�j `�'.� �� a �F� f.�� -� - � ��ST ��i�� a �4� • " � � � U � ^� Q �bUNIfA � �— � � M BF�p pENO HD Dl rtFtnM R� J�.,r 3 , x � � � Tlgartl Aree Map � N 0 700 200 700 400 Feet � 1 321 leet C ` P � O Ciry of T�gard n (� Inlorma�on on Nie mep le tor generel loeadon only end ehould be verifiad�3725 SW Hel 8�d Servicea Diwsion JOHNSON S �� A' Tigerd OR 97223 ��n 'V (503�639-4771 V/n^ http/Mmw a u8ard or us � Corpmumty Development Plot date Mar 20 2003 C UnagicUVIAGIC03 APR \ � . � _ ____ �„�� '�;Q`r!y � � `�_ ^.-�• �'jc � Zo' w.cic �,..�,�.�.��;��_�_=i;a�==`_��, � , , �4,p S�a.�c�f �9ctcs5 ��,, ,\1 � i r � \ ;\—�� O f � \ � +� �� t+ , 1 � � � �� `I� � ��1 \} �1 ,R,,o�irn �� '',, .na\��<(.� \ � V � �n ,� � �� \ � (� l `5 � i� 3 � � ' t0' y \� \ j� � � �, ��' —. � � � \ � Pi 1 �, �� j, �� -. 1�� Y � ��a t��i �}n t e lo ! � � �� , ,i, u ,�� '�� < \ \ �_��t� ., 4 � � r� I \rt \ \ I � i i , �: � \ � McY Zc�2- 13(sr-�� t'°� ,d.�� '� � I � � \ ` , � '�� p�� p�f � � �� t� � � � I ��6GT � �� T �M°m j � \\ �p� '°°°b----�- „ �� „ :�o �-r�---� � � � , � �o� i � � 'i�. '°""�' i . � � � i ; ' � � i i i �' I� ' � r r ,RO�a � ,°LO�o w � � I 1�Is r � j ��+ y � � �F �� /� � r � '\ { �� ! _ � _ _�` `� �" _'b'' { �►4 �'_ _ _ — _ _ — — _ ---°��°�--�-- SW KATHERINE STREET �, _ _ . �.' - - - -- -- � — — �tir,�.�`�-_�_�_��.—0._=-j-_s�__..._.�....,�,,._� � _ � ` p — — — — ,� �-�� ...� ._�, �,ro�p �'� OF T�GARD T MLP2002-00013 �� '� N SWOPES PARTITION Ma is not to scale _ � 'NOTICE OF TYPE II DECISION , � � � MINOR LAND PARTITION (MLP) 2002-00013 CITY OF TIOARD� ' ` CommumCy�DeveCopment � � SWOPES PARTITION S(�pingABetterCommumty , 120 DAYS (WITH EXTENSION) =8/3/2003 SECTION I APPLICATION SUMMARY FILE NAME SWOPES PARTITION CASE NO Minor Land Partition (MLP) MLP2002-00013 PROPOSAL The applicant is requesting a Minor Land Partition to partition one (1) existing 15,811 square foot lot into finro (2) parcels for detached single-family residences An existing single-family dwelling is located on the sub�ect parcel and is proposed to remain on Parcel #1 in compliance with all setback requirements APPLICANT Miles Schlesinger OWNER Bret and Linda Swopes 11444 SW Shrope Court 13440 SW Howard Drive Tigard, OR 97223 Tigard, OR 97223 ZONING DESIGNATION R-4 5, The R-4 5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally LOCATION 10135 SW Katherine Street, WCTM 1 S135CC, Tax Lot 3000 PROPOSED PARCEL 1 7,500 Square Feet PROPOSED PARCEL 2 7,500 Square Feet FLAG LOT ACCESS AREA 811 Square Feet APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390 (Decision-Making Procedures), 18 420 (Land Partitions), 18 510 (Residential Zoning Distncts), 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 � � ' j+ I � THIS APPROVAL`SHALL BE VALID FOR�18 MONTHSw � F�ROM THE EFFECTIVE DATE OF�THIS DECISION . i � -.� N -� �� 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 otice mailed to X The applicant and owners —R— Owner of record within the required distance �— Affected government agenaes Finaf Decision THIS DECISION IS FINAL ON MAY 19, 2003 AND BECOMES EFFECTIVE ON JUNE 4, 2003 UNLESS AN APPEAL IS FILED Appeal The Director's Decision is final on the date that it is mailed All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18 390 040 G 1 may appeal this decision in accordance with Section 18 390 040 G 2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 Unless the applicant is the appellant, the hearing on an appeal from the Director's D�cision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that may be adopted from time to time by the appellate body THE DEADLINE FOR FILING AN APPEAL IS 5 00 PM ON JUNE 3, 2003 Questions For further information please contact the Planning Division Staff Planner, Morgan Tracx at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 YICiNITY MAP TIpAR �� MLP2002 00013 � SWOPES PARTITION qA4 Si � MEApOW ST C sy, c� '� � �`��s V r y {� • N 6 � � P O �� Cry fTgrd e r.w. N ��..., , w _ � � � \ � `�'�. � \ti e" �'i � Zo W Jc ��.r��.�{va��.�.��,.�.�c�v�.�� ! cq,D Shano(Auesf � ' � G � � e'� °,rrf . �I! , ` � , RGS ��q wL'pE'� � 1 ^` 'q � � + , ` yi�� s'� \ � v�4ia va+ I � � � � h i � r ' � �^ � .r � � � -- < < Mcrubt r3(s�r+ r=� I ` \ �� . f..�,l��) P�rrn.�`� !i . \ ��sc�' t�C.��1 -{� LS� I � � t T�_ F � \ . . . � a+, � . � �M � 1 � 11 � � Pi 61 �6S I I � �+ '� �� + � �� s-1� `- � �SW KATHERINE STREET — — --i � � — — -- - - - ��f� -��-_�-T-�� - - - - - - �. CITY oF T�GARD i MLP2002 00013 g��'`N N SWOPES PARTITION Ma le not to ecela i 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 N01'ICE OF PENDING LAND USE APPLICATION MINOR LAND PARTITION CITYOFTIGARD Commuraty�DeveCopmeni S(iaptng A Better Communtty DATE OF NOTICE March 21, 2003 FILE NUMBER MINOR LAND PARTITION (MLP) 2002-00013 FILE NAME SWOPES PARTITION PROPOSAL A request for a Minor Land Partition to partition one (1) existing 15,579 square foot lot into two (2) parcels for detached single-famdy residences An existing single-family dwelling exists on the sub�ect parcel and is proposed to remam on Parcel #1 in compliance with all setback requirements ZONE R-4 5 Low-Density Residential District The R-4 5 zoning distnct is designed to accommodate detached single-family homes with or without accessory residential units at a mirnmum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715 18 745 18 765 18 790, 18 795 and 18 810 LOCATION 10135 SW Katherine Street, WCTM 1S135CC, Tax Lot 3000 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 � OOfPM ONyAPRIL 4� 02 03� All comments should be directed to Morgan Tracy, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223 You may reach the City of Tigard by telephone at (503) 639-4171 ALL COMMENTS MUST BE RECEIVED BY TNE CITY OF TICARD IN WRITING PRIOR TO 5 00 PM ON THE DATE SPECIFIED ABOYE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR APRIL�25.�2003� IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION . Address the specific "Applicable Review Criteria" descnbed in the section above or any other criteria believed to be applicable to this proposal, . Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response, . Comments that provide the basis for an appeal to the Tigard Hearmgs Officer must address the relevant approval criteria with sufficient specificity on that issue Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that �ssue Specific findings directed at the relevant app�oval 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 I 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 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 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 mcludes provision for such not�ce or anyone who is otherwise entitled to such notice INFORMATION/EVIDENCE AVAILABLE FOR REVIEW The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department Copies of these items may be obtained at a cost of $ 25 per page or the current rate charged for this service Questions regarding this application should be directed to the Plannmg Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments " YICINITY MAP 71GA D MLP2002 00013 � __________ SWOPES PARTITION p�n � MEAppW gT � sy,c c J ~ ��9l 'l U ��m Y � ♦ N �� C na., P O � cm rr�a ...... ��..�...°� N '�"w�"' � ,� w..�w' ,^ u � MEMORANDUM CITY OF TIGARD, OREGON DATE May 8, 2003 TO Morgan Tracy, Associate Planner FROM Brian Rager, Development Review Engineer �`� RE MLP 2002-00013, Swopes Partition Access Management (Section 18 705 030 H) Section 18 705 030 H 1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and decelerat�on standards as set by ODOT, Washington County, the City and AASHTO The location of the new private driveway to serve this development and two other proposed partitions ad�acent to this site, should have adequate sight distance, based upon its location along Tigard Street However, the applicant has not yet submitted a report showing the sight distance is met Staff recommends the applicant submit a preliminary sight distance certification from their engineer pnor to approval of the final plat Any improvements that may be needed in order to ensure adequate sight distance shall be completed prior to approval of the final plat as well Section 18 705 030 H 2 states that driveways shall not be permitted to be placed in the influence area of collector or arterial street 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 dr�veway The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer In a case where a pro�ect has less than 150 feet of street frontage, the applicant must explore any option for shared access with the ad�acent parcel If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible The�oint private driveway location will not be in the influence area of a collector or arterial street intersection ENGINEERING COMMENTS MLP 2002-00013 Swopes Partition PAGE 1 l / 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 SW Tigard Street is classified as a neighborhood route, which most closely relates to a local street The new private driveway will be over 400 feet away from the Katherine Street intersection, and over 1,000 feet away from the Tiedeman Street intersection Therefore, this criterion is met Street And Utility Improvements Standards (Section 18 810) Chapter 18 810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage The applicable standards are addressed below Streets Improvements Section 18 810 030 A 1 states that streets within a development and streets ad�acent shall be improved in accordance with the TDC standards Section 18 810 030 A 2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC Minimum Rights-of-Way and Street Widths Section 18 810 030 E requires a neighborhood route to have a 54-foot right-of-way width and a 32-foot paved section Other improvements required may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees This site lies ad�acent to SW Kathenne Street, which is classified as a local residential street on the City of Tigard Transportation Pian Map At present, there is approximately 20 feet of ROW from centerline, according to the most recent tax assessor's map The applicant should dedicate additional ROW on the final plat to provide 27 feet from the centerline SW Katherine Street is paved but not fully improved to City standards TMC 18 810 030(A)(1) states that streets within a development and streets ad�acent shall be improved in accordance with City standards However, 18 810 030(A)(5) states that the City may accept a future improvement guarantee in lieu of street improvements if the improvement associated with the pro�ect does not, by itself, provide a significant improvement to the street safety or capacity Although this development will incrementally increase the amount of traffic on the roadway, the ENGINEERING COMMENTS MLP 2002-00013 Swopes Partition PAGE 2 increase will not substantially degrade the level of service on the street A street improvement ad�acent to this site, therefore, will not significantly improve the safety or capacity of the street In addition, 18 810 030(A)(5)(e) states that a guarantee in lieu of street improvements is acceptable if the proposal is a land partition on property zoned residential and the partition does not create any new streets This partition will not create a new street Based on these code provisions, Staff therefore recommends that the applicant be required to enter into an agreement with the City whereby the owner agrees to participate in any future widening proJect for the street carried out by the City, a third party, or through a local improvement district This agreement must be executed prior to approval of the final plat This partition is being proposed in con�unction with two others (MLP 2002-00012 and MLP 2002-00014) The net result of all three partitions is three additional building lots According to the applicant's plan, the three new parcels will each share a common dnveway that will access SW Tigard Street The applicant will be required to show a�oint ingress/egress easement on the final piat to clanfy that the three properties have access nghts The applicant will also be required to execute a �oint maintenance agreement to clarify maintenance responsibilities between the three parcels Block Designs - Section 18 810 040 A states that the length, width and shape of blocks shall be designed with due regard to providing adequate build�ng 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 I�ne except • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development or, • For blocks ad�acent to arterial streets, limited access highways, ma�or collectors or railroads • For non-residential blocks in which internal public 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 env�ronmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code ENGINEERING COMMENTS MLP 2002-00013 Swopes Partition PAGE 3 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 Lot Frontage Section 18 810 060(B) requires that lots have at least 25 feet of frontage on publ�c 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 PLANNING Sidewalks Section 18 810 070 A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets Private streets and industrial streets shall have sidewalks on at least one side By entenng into the restnctive covenant for Katherine Street, this cnterion will be met Sanitary Sewers Sewers Required Section 18 810 090 A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan Over-sizing Section 18 810 090 C states that proposed sewer systems shall include consideration of additional development within the area as pro�ected by the Comprehensive Plan There is an existing 8-inch sewer line in Kathenne Street that has adequate capacity for this development The plan shows that a new main line will be extended northerly from Kathenne Street between the three properties involved in the partitions to serve the new parcels This plan is acceptable provided the three partition applicants work together and the utility improvements are installed under one permit ENGINEERING COMMENTS MLP 2002-00013 Swopes Partition PAGE 4 Storm Drainage General Provisions Section 18 810 100 A states requires developers to make adequate provis�ons 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 outside the development The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments) There are no upstream drainageways that 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 shali 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 Des�gn and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments) In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event The City wiil require that all new developments resulting in an increase of impervious surFaces provide onsite detention facilities, unless the development is located ad�acent to Fanno Creek For those developments ad�acent to Fanno Creek, the storm water runoff will be permitted to discharge without detention The applicanYs original application showed a plan for directing the drainage from the three properties out to the ditch in Katherine Street However, dunng the review penod, it became apparent that the ditch system in Katherine Street is not adequate to accommodate the flows from the three partition developments The applicant's engineer pertormed a thorough downstream analysis and concurred with Staff's concern The engineer is now proposing that a new public main line be installed in the street and extended westerly to a point where it can be safely discharged into a very defined ditch at the end of the Katherine Street improvements From there, the ditch travels over City park land to Fanno Creek ENGINEERING COMMENTS MLP 2002-00013 Swopes Partition PAGE 5 Staff concurs with this solution and is comfortable that it will adequately accommodate the drainage from these developments All existing rain drains that may discharge into the ditch system in Kathenne Street, where the new main will be installed, will be tied into the new line The existing ditch and culvert system will be removed and backfilled Existing driveways will be restored once the culverts are removed One neighbor (Brooks Gaston) submitted a letter, dated March 14, 2003 Mr Gaston lives in the home at 10272 SW Meadow Street, which backs up to a relatively vacant property (Webb property, 1 S1 35CC, #600) between his home and the applicant's proposed Parcel 6 (as shown on the plan) Mr Gaston's property is approximately 230 feet to the west of Parcel 6 Mr Gaston indicates that the overland sheet flows behind his home have worsened over the years and causes his back yard to flood each winter Mr Gaston was concerned about the onginal storm drainage plan shown by the applicant, as it may not be deep enough to collect all of the water from Parcel 6 Mr Gaston is hoping that a storm drainage solution could be developed that would alleviate his back yard flooding issue The applicant's representative (Miles Schlesinger) met with a representative from the Webb parcel, Mr Gaston and another neighbor south of Gaston along Meadow Street separately to discuss the potential of one common storm line that would run westerly across the Webb parcel, then south along the east boundanes of Gaston and the neighbor to the south to get to the ditch in Katherine Street At this point, the ditch in the street is more defined That solution was not agreed to by all parties, so the applicant could not carry it forward However, the current plan will ensure that the overland sheet flows experienced by Mr Gaston will not become worse If anything, they will improve because all of Parcel 6 will be able to be drained toward the new line This is due to the fact that a storm line will be installed, which will have a depth of approximately three feet With the old plan, the applicant was attempting to tie into a ditch, which would only have a few inches of depth The plan shows a common pnvate storm line extending north from Katherine Street along the west boundary of Tax Lot 3000 (Swopes, MLP 2002-00013) with laterals to reach all new parcels Staff is confident that this new plan will adequately address the storm water runoff from this development Bikeways and Pedestrian Pathways Bikeway Extension Section 18 810 110 A states that developments ad�oining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for the future extension of such bikeways through the dedication of easements or right-of-way ENGINEERING COMMENTS MLP 2002-00013 Swopes Partition PAGE 6 SW Katherine Street is not classified as a bike facility Utilities Section 18 810 120 states that all utility I�nes, but not lim�ted to those required for electric, communication, lighting and cable telev�sion services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and • The developer shail 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, shali be constructed prior to the surfacing of the streets, and • Stubs for service connections shall be long enough to avo�d 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 wh�ch is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under- grounding There are existing overhead utility lines along the frontage of SW Katherine 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 75 lineal feet, therefore the fee would be $ 2,063 00 ENGINEERING COMMENTS MLP 2002-00013 Swopes Partition PAGE 7 ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS Public Water System This site is served from the City's water system The plan shows that three new meters will be set at the pnvate driveway entrance onto Tigard Street Three new water services will need to be run westerly to reach the new parcels This work will require a plumbing permit from the City Storm Water Quality The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No 00-7) which require the construction of on-site water quality facilities The 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 subm�tted indicating the frequency and method to be used in keeping the facility maintained through the year The CWS standards include a provision that would exclude small pro�ects such as residential land partitions It would be impractical to require an on-site water quality facility to accommodate treatment of the storm water from the new parcel Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate Staff recommends payment of the fee in-lieu on this application Site Permit Required The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utility installations (water, storm, etc ) and driveway construction This permit shall be obtained pnor to approval of the final plat Address Assignments The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB) An addressing fee in the amount of$ 30 00 per address shall be assessed This fee shall be paid to the City pnor to approval of the final plat For this pro�ect, the addressing fee will be $30 00 ENGINEERING COMMENTS MLP 2002-00013 Swopes Partition PAGE 8 The developer will also be required to provide signage at the entrance of shared dnveway that lists the addresses that are served by the driveway This will assist emergency services personnel to more easily find a particular home Survey Requirements The applicant's 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 networked to the City's GPS survey • By random traverse using conventional surveying methods In addition, the applicant's as-built drawings shall be tied to the GPS network The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91) Recommendations THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT Submit to the Engineering Department (Brian Rager, 639-4171, ext 318) for review and approval A Public Facility Improvement (PFI) permit is required for this pro�ect to cover the public sewer line work, the new storm line in Katherine Street and any other work m the public right-of-way Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department NOTE these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements Public Facility Improvement (PFI) permit plans shali conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www ci tigard or us) The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be ENGINEERING COMMENTS MLP 2002-00013 Swopes Partition PAGE 9 designated as the "Permittee", and who will provide the finanaal assurance for the public improvements For example, specify if the entity is a corporation, limited partnership, LLC, etc Also specify the state within which the entity is incorporated and provide the name of the corporate contact person Failure to provide accurate information to the Engineering Department will delay processing of pro�ect documents Prior to approval of the final plat, the applicant shall obtam a Site Permit from the Building Department to cover all grading for the lot(s), all on-site private utility installation (water, storm, etc ) and all driveway construction NOTE this permit is separate from a Public Facility Improvement permit issued by the Engineering Department for work in the public right-of-way Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of$30 00 (STAFF CONTACT Shirley Treat, Engineenng) The final plat shall show a ROW dedication along Kathenne Street to provide 27 feet from the centerline The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Katherine Street ad�acent to the sub�ect property, when any of the following events occur A when the improvements are part of a larger pro�ect to be financed or paid for by the formation of a Local Improvement District, B when the improvements are part of a larger pro�ect to be financed or paid for in whole or in part by the City or other public agency, C when the improvements are part of a larger pro�ect to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the sub�ect property, or D when construction of the improvements is deemed to be appropnate by the City Engineer in con�unction with construction of improvements by others ad�acent to the sub�ect site The final plat shall show a �oint ingress/egress easement to be shared between the three properties involved in the three partitions (MLP 2002- 00012, 2002-00013 and 2002-00014) The applicant shall provide signage at the entrance of the�oint driveway that lists the addresses that are served by the driveway The applicant shall either place the existing overhead utility Imes along SW Katherine 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 frontage of the site that is parallel to the utility lines and wdl be $ 27 50 per lineal foot If ENGINEERING COMMENTS MLP 2002-00013 Swopes Partition PAGE 10 the fee option is chosen, the amount will be $ 2,063 00 and it shall be paid prior to approval of the final piat The applicanYs final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22) These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to gnd north These coordinates can be established by • GPS tie networked to the City's GPS survey • By random traverse using conventional surveying methods Final Plat Application Submission Requirements A Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative B Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext 426) C The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92 05), Washington County, and by the City of Tigard D The nght-of-way dedication for Katherine Street shall be made on the final plat E NOTE Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor F After the City and County have reviewed the final plat, submit 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 2002-00013 Swopes Partition PAGE 11 . - 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 Pnor to issuance of building permits, the applicant shall provide the Engineenng Department with a "photomylar" copy of the recorded final plat Pnor to issuance of the building permits, the public sewer line work for the three partitions shall be completed and accepted by the City Pnor to issuance of building permits, the applicant shall provide the City with as-built drawings of the public improvements as follows 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if available, otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91) Prior to issuance of the building permit for the new parcel, the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS) i\eng�brianr�land use comments\mlp�mlp2002 00013 doc ENGINEERING COMMENTS MLP 2002-00013 Swopes Partition PAGE 12 �� , � REQUEST FOR COMMEHTS CITYOFTIGARD Commumty�DeveCopment Shapzng A�etter Communzty DATE March 21,2003 TO Dennis Koellermeier,Operations Manager/Water Department RECEIVED PLANNING FROM Ciql of Ti9ard Planning Diuision STAFF CONTACT Morgan TracY,Associate Planner[x24281 MAR 2 8 2003 Phone [5031639-4111/Fax [5031684-1291 �eN pF TI�� MINOR LAND PARTITION[MLPI 2002-00013 ➢ SWOPES PARTITIOH Q REQUEST A request for a Minor Land Partition to partition one (1) existing 15,579 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 10135 SW Katherine Street, WCTM 1 S135CC, Tax Lot 3000 ZONE R-4 5 Low-Density Residential District The R-4 5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715, 18 745, 18 765, 18 790, 18 795 and 18 810 Attached are the Site Plan, Vicinity Map and Applicant's Information for your review From information supplied by vanous departments and agencies and from other information 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�BYv� APRIL 4. 2003 You may use the space provided below or attach a separate letter to return your comments If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible If you have any questions contact the Tigard Planning Division, 13125 SW Hall Blvd Tigard OR 97223 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY _ We have reviewed the proposal and have no ob�ections to it Please contact of our office Please refer to the enclosed letter � Written comments provided below �_(rdYl�►(w� 1(�4.Qc�..- � (�.c�-1'CLb�Y ��tio�fQw-� � f� V� c�.�-� l� ��l��i C'� rv�.�xs in �.c�hdo �� P� IName 8� Number of Person Commentingr�¢C-�Y,+:`�`t�V ��O�� v �� y REQUEST FOR COMMENTS CITYOFTIGARD Community�DeveCopmeni ShapmgA Better Commuraty DATE. March 21,2003 TO PER ATTACHED FROM City of Tigard Planning Diuision STAFF CONTACT Morgan Trac]I,Associate Planner[x24281 Phone [5031639-4111/Fax. [5031684-7297 MINOR LAND PARTITION[MLPI 2002-00013 ➢ SWOPES PARTITION Q REQUEST A request for a Minor Land Partition to partition one (1) existing 15,579 square foot tot 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 10135 SW Katherine Street, WCTM 1 S135CC, Tax Lot 3000 ZONE R-4 5 Low-Density Residential District The R-4 5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715, 18 745, 18 765, 18 790, 18 795 and 18 810 Attached are the Site Plan, Vicinity Map and ApplicanYs 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�COMMEIVTS BACK BY APRIL 4, 2003 You may use the space provided below or attach a separate letter to return your comments If vou are unable to resaond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible If you have any questions contact the Tigard Planning Division 13125 SW Hall Blvd Tigard, OR 97223 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY _ We have reviewed the proposal and have no ob�ections to it Please contact of our office Please refer to the enclosed letter _ Written comments provided below IName 8 Number of Person Commenting I - - CITY TIGARD REQUEST FOR COh, _NTS c NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS M 'G� O DI FILE NAME r,�i �I ar � �� -� � -�w�; �= -~� � ' � L�CITITEN INVOLVEMENTTEAMS`�� =�� `#�'�� µ �� ' �,� s �. °`'€� �< �.— �� 14 DAY PENDING APPLICATION NOTICE TO CIT AREA Central ❑East ❑South ❑West aProposal Descnp in Library CIT Book tr.�5 , , - � � r N �r�q z � � � _ " � �, "'�'X R�R @ K,..c�^h "��_& � �F�. ;� i N 211 A'�5�' +.'S�.a�k1. 5 L'L CI.■ O.■.CES �»iE 17 �°.k m X's�.'2"»-,„,,,, t � " '^4" =LONG RANGE PLANNING/Barbara Shields Planrnng Mgr —�ioMMUNITY DVLPMNT DEPTJPIanning Engineenng Techs _fjOLICE DEPTJJim Wolf Cnme Prevendon Officer BUILDING DNISION/Gary Lampella Bwlding Offiaal ][ENGINEERING DEPTJBnan Rager Dvlpmnt Review Engineer��uq7'ER DEPTJDennis Koellertneier Operations Mgr CITY ADMINISTRATION/Cathy WheaUey Ciry Recorder PUBLIC WORKS/John Roy Property Manager �rUBLIC WORKS/Matt Stine Urban Forester �PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM 10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARINGI _C DJShertnan Casper Permit Coord(sowcua re r�F� �a�fra}- L S s. 4�i ,aC��b*yR y��^: ¢'a� � .L >L r � �V�9._N�Y�i�Y�i DIY�1�� 3 t Y M �' '£�`°S,�i"b1''2, ?2 Y yt hn�j'!s� � TUAL HILLS PARK 8 REC DIST��UALATIN VALLEY FIRE&RESCUE+� _ TUALATIN VALLEY WATER DISTRICT+� �LEANWATER SERVICES+� Plannmg Manager Fue Marshall AdminisVative OKce Lee WalkedSWM Program 15707 SW Walker Road Washington County Fire Distnct PO Box 745 755 N First Avenue Beaverton OR 97006 (place in pick up box) Beaverton OR 97075 H�Ilsboro OR 97124 lA�'�N� �$�� ` ��`� �� y LOCALANDSTATElURISDICflONSra��-�� P`�� `� � �- s�� ,w ° � � � $ ✓ >*k e ;�'=a� i� ° e �� q CITY OF BEAVERTON� CITY OF TUALATIN � OR DEPT OF FISH 8 WILDLIFE OR DIV OF STATE LANDS _ Planrnng Manager Planning Manager 2501 SW First Avenue Jennifer Goodndge Insh Bunnell ��ew��n seN��S 18880 SW Martinazzi Avenue PO Box 59 775 Summer Street NE PO Box 4755 Tualatin OR 97062 Portland OR 97207 Salem OR 97301 1279 BeaveRon OR 97076 _ OR PUB UTILITIES COMM METRO LAND USE&PLANNING � _OR DEPT OF GEO 8 MINERAL IND 550 Capdol Street NE _ CITY OF DURHAM � 600 NE Grand Avenue 800 NE Oregon Street Swte 5 Salem OR 97310 1380 Gty Manager Portland OR 97232 2736 Portland OR 97232 PO Box 23483 _ Bob Knight OataResourceCenter(ZG4) US ARMY CORPS OF ENG Durham OR 97281 3483 Paulette Allen GiowlhManagemerXCoordmator OR DEPT OF LAND CONSERV 8 DVLP Kathryn Harns _ Mel Huie GreenspacesCoordinatur(CPA20A) L3ffy FlBI1Ch(Comp P�annmentlmerrcsOn�y) RouGng CENWP OP G CITY OF KING CITY � _ Jennifer Budhabharii Repronat Planner(Wetlantls) 635 Capdol Street NE Swte 150 PO Box 2946 City Manager _ C D Manager G�ovnh Manapemem Services Salem OR 97301 2540 Portland OR 97208 2946 15300 SW 116th Avenue King City OR 97224 WASHINGTON COUNTY � OR DEPT OF ENERGY�aowemnes m nreal _OR DEPT OF AVIATION�MOnoPo�e rowe.s� Dept of Land Use&Transp Bonneville Power AdministraGon Tom Highland P�� 155 N First Avenue CITY OF LAKE OSWEGO� Routing TTRC—Attn Renae Ferrera 3040 25th Street SE Swte 350 MS 13 Planrnng Dvector PO Box 3621 Salem OR 97310 Hdlsboro.OR 97124 PO Box 369 Portland OR 97208 3621 _Brent Curtis�cPn> Lake Oswego OR 97034 Gregg Leion ccvn� _ OR DEPT OF ENVIRON QUALITY(DEQ) ODOT REGION 1 � Anne LaMountain ocrwRe� CIIY OF PORTLAND (NOafy(or Weuantls ane Potemia�Env ionmema��mpaas) _M3f3h Def118150f1 Developmerrt Review CooNinator Phil Healy i�cnn,Re� David Knowles Planninp Bureau D�r Reg�onal Admirnstrator Carl Toland Right-0f Way Secdon Nawuo�� S�@V@ COf1VUdy(General Apps) Portland Bwlding 106 Rm 1002 2020 SW Fourth Avenue Swte 400 123 NW Flanders Sr CaRographer��PArccA��u�. 1120 SW Fifth Avenue Portland OR 97201-4987 Portland OR 97209-4037 Jim Nims czcn�Ms�s Portland OR 97204 _Dona Mate�a czca�n+s,a ODOT REGION 1 DISTRICT 2A� WA.CO CONSOLIDATED COMMUNIC AGENCY(WCCCA) 911 (Monopole Towere) Jane Estes Permrt Speaal�st Dave Austm 5440 SW Westgate Dnve Swte 350 PO Box 6375 PoRland OR 97221 2414 Beaverton OR 97007 0375 !$4 ��,�� °, ry� � ' F � UTILI?Y�PROVIDERS AND SPECIAL A6ENCIES K �� `�� ° M ?�� PORTLAND WESTERN R/R BURLINGTON NORTHERN/SANTA FE R/R OREGON ELECTRIC R/R(Bur�ington Northem�Santa Fe WR Predecessor) Robert I Melbo Pres�dent&General Manager 110 W 10th Avenue Albany OR 97321 � SOUTHERN PACIFIC TRANS CO R/R METRO AREA COMMUNICATIONS V ATBT CABLE _TRI MET TRANSIT DVLPMT Clifford C Cabe Construction Eng�neer Debra Palmer�n�,�ano�5 o�y> Pat McGann (�!Pro�ect�s W N n/M le of A Trarts t Routo) 5424 SE McLoughlm Boulevard Tumn Oaks Technology Center 14200 SW Bngadoon CouR Ben Baldwin Pro�ect Planner Portland OR 97232 1615 NW 169th Place S 6020 Beaverton OR 97005 710 NE Holiaday Street eaverton OR 97006 4886 - Portland OR 97232 �PORTLAND GENERAL ELECTRIC �W NATURAL GAS COMPANY VERIZON !' QWEST COMMUNICATIONS Ken GuGerrez Svc Design Consultant Scott Patmer Engineenng Coord Ken Perdue Engineering Jen Cella Engineenng 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capdol Hdl Rd Rm 110 Wdsonwlle OR 97070 Portland OR 97209-3991 Beaverton OR 97075 1100 Portland OR 97219 TIGARDlfUALATIN SCHOOL DIST #23J BEAVERTON SCHOOL DIST tf48 ATBT CABLE�n„ ear+.�+avsw� Marsha BuUer Administratrve Offices Jan Youngqwst Demographics 8 Planning Dept Diana Carpenter 6960 SW Sandburg Street 16550 SW Merlo Road 3500 SW Bond Street Tigard OR 97223 8039 Beaverton OR 97006 5152 Portland OR 97232 � INDICATES AUTOMATIC NOTIFICATION iN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500 OF THE SUBJECT PROPERTT FOR ANY/ALL CITT PROJECTS(Pro�ect Planner Is Responsible For Indicatmg Parties To Notify) h�paltyMaslers\Requesl For Cortunenls Nolifipdon Lisl 2 doc (rte�sed �r��os� I l �y 10175 SW Kathenne Tig�rd, Oregon 97223 March 24, 2003 �'�.� r� � — �`cc _ � F�S� g I � Plannmg Division, City of Tigard , 13125 SW Hall Boulevard Tigard, Oregon 97223 '°E��`� `�,- , �r1r� , v Dear Morgan Tracy �`��G We are Dewey& Margaret Hamdton and we live at 10175 SW Kathenne St Tigard, Oregon This is a response to your letter notifying us of the development plans on lots abutting or near our property Our properly abuts the 10120 SW Tigard St property [ SCHLESINGER PARTITION] on its Southwest corner and is separated from the 10135 SW Kathenne St property [SWOPES PARTITION] by one lot to the East The property at 10085 SW Katherine [[KRASAUSK PARTITION] is two lots to the East of our properly We have lived on our property for the last 40 years and we have concerns about the placement of homes on the rear of each of these properties, particularly the Tigard st property When we moved mto this home in June of 1963 we had a septic tank sewer system Over the next few years we had constant problems with this system during the wet months of the winter Back flow of groundwater through the drain field overwhelmed the septic tank Our problem became so acute that in 1970, durmg a sewer connection moratorium, we had the Washington County Health Department oondemn our system so we could be connected to the newly mstalled sewer line on Karol Ct Raw sewage from our septic system was surfaang in standing water at the rear of our lot We know the former owner of the Tigard St property had similar problems until she recently sold the property to the present owner That house is now vacant Surface runoff during the winter is a problem for most of the homes along Tigard and Katherine streets and that is why we are concerned about the addit�on of three new houses on these properties Many present homes must have sump pumps to keep water from i poolmg m their crawl spaces in the winter Mowing lawns in the wmter months is lim�ted �` because the water table is so high that the weight af a lawnmower cause the wheels to sink into the sod un�l the deck of the mower is touching the ground During periods of heavy rain we have also experienced sheet runoff two to three �nches deep from East to West across the rear half of our property We believe this runoff will be a serious problem for the proposed new houses espeaally the one at the rear of the Tigard St property We assume any development on these propert�es w�ll not be allowed to add additional f�ll to those lots to allev�ate known wmter surtace water problems Any addition of fdl to these lots wdl most certainly force addit�onal wmter runoff on to surrounding properties such as ours An additional problem we can foresee is the length of sewer line needed to reach the rear of the Tigard St property The only available sewer oonnection is through either of the Katherine St properties We are not certam of the depth of the sewer line in front of the Kathenne properties but we know it is not deeply buried Given the mmimum rate of fall required for a sewer line we question rf there is enough fall to adequately serve this proposed dwellmg If there is not enough fall will a sewage pumping setup be required� If there is enough minimum fall to reach this dwelling wdl a long sewer line of minimum fall be an inwtation for future trouble� We believe we have lived here long enough to know very well what kmd for water and sod oondit�ons exist on and near these properties We question the wisdom of plac�ng homes on these properties especially the Tigard St property We also have concerns about any alteration of these properties that will change existing groundwater flow pattems We hope your office will consider our observations and opmions as valid and wdl apply them m your decision makmg process granting development permission on these properties If you need to reach us by phone about any further information you may contact us at[503] 639-6332 R pectFully .�,-�`�'� � � ✓t � Dewey R Hamilton � � -��Q�� y�' � Margaret C Hamdton 1 � J � f 1 ��Gu t W/� I b3 March 31, 2003 10270 S W Meadow St Tigard OR 97223 Mr Morgan Tracey Associate Planner City of Tigard 13125 S W Hall Blvd Tigard, OR 97223 Dear Mr Tracey I'm wnting to you concerning a proposed six-lot mmor land partition in the azea of the intersection of.Tigard�Street and Kathenne'Street I'm very concerned about the dramage ' repercussions that my neighbours and I may face if,tlus land parhtion and the subsequent , , development proceeds � r , I believe that if the land to our east is developed without senous considerahon of run-of, my yazd and home as well as my neighbours' yards and homes, could be damaged and devalued by water damage , We ask that you work with Mile Schlesinger—who plans the six-lot subdivision—to � make an investment m water-diverting systems to dra�n water away If we can work together,perhaps we can`come up with a win-wm situation ,' � Please look into,tlus situation�as soon as possible, and work with us as we try to find a soluhon that meets the needs of the city, the citizens and new development Feel free to call me or my husband,Deruus O'Doherty, at 503-624-7067 T'hank you ICind regards, � - ZR,(�J�� Gererdene Gibbons �sc� y/z/o3 Brooks and Knstm Gaston 10272 SW Meadow Street Tigard, OR 97223 March 31, 2003 Morgan Tracy Associate Planner City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 Mr Tracy, I'm wnting to you concerrung a proposed six-lot rrunor land partitions, 2002-00012, 2002-00013, 2002-00014, in the area of the mtersectton of Tigard Street and Katherine Street I'm��ery concerned about the dramaae repercussions that my ne�ghbers and I may face if this land partition and the subsequent development proceeds Since I moved into my home, I've mvested approximately $5,000 dollars m dramage to keep water out from under my home, and to help water flow from my backyard onto Meadow Street If you were to look over my back fence-- toward the east -- you would be able to see that Kathenne Street's properties and the deep lots ad�acent to Tigard Street are graded to dram onto my property and my neighbor's property My neighbors, especially those on the north side of Meadow, have also invested heavily to repair damage from water, and to mstall dramage systems I believe that if the land to our east is developed v�nthout senous consideration of run-off, my yard and home-- wluch is about 75% m the flood plane -- as well as my ne�ghbors' yards and homes, could be damaged and devalued by water damage I've recently met with Mr Schlesmger, the developer of the partitton He expressed interestmg m meeting our needs by adding a swale on the western end of tus property and dra�rung storm water south to Kathenne Street He and I both agree, however, that if tlus solution is pursued, the drtch along Kathenne Street may have to be improved I also request that the city of Tigard require storni water drainage system onthe access road that will extend south from Tigard Street to the new development Please work with us as we try to find a solution that meets the needs of the city, the cittzens, and new development Feel free to call me at 503-968-6011 '� �-�-�� K f��M��f`�— Brooks and Knstin Gaston BETTY J. NELSON = 10275 SW Meadow St Email b�nelson@hevanet com Tigard,OR 97223-5212 503-639-0573 RECEIVED PLANNING April 3, 2003 qpR 0 7 2003 Mr Morgan Tracy CITY OF TIGARD Associate Planner, Plamm�g Division 13125 SW Hall Blvd Tigard, OR 97223 Dear Mr Tracy I am submitting this written comment in regards to the request for a Mmor Land Partition at the following locations 10120 SW Tigard St WCTM 1 S 135CC, Tax Lot 3400— File Name Schlesmger Partrtion 10135 SW Kathenne St WCTM 1S135CC, Tax lot 3000— File Name Swopes Partrtion 10085 SW Kathenne St WCTM 1S135CC, Tax lot 03100- File Name Krasausk Partition My concern has to do v�nth storm/rain/water drainage My property is located at the end of Meadow St on the cul-de-sac and it, along with the properties on either side, the Gaston's at 10272 SW Meadow and the Slagle's at 10305 SW Meadow, are inundated with water run-off each yeaz and we each have invested considerable time and funds mto drainage systems to protect our property and prevent water standing under our homes According to maps in your office this area is a flood plam and water flows through our property on its way to Fanno Creek The fields surroundmg the back of our properties are graded in our direction so that water from those fields drain directly onto our properties, therefore, any further development that might add to our dramage problem is of great concern to us the amount of water already rumung through here is phenomenal as can be seen by the stream of water continually flowing down Meadow St to the storm drains which are located at the opposite end of the street What assurances can you give us� What requirements can you place on the developers to eliminate any further impact on our properties� We need assurances from the City that the developers will be required to provide adequate dramage away from our properties so as to not further impact us who live downstream Thank you for your careful consideration of our concerns I look forward to hearmg from you as to proposed solutions to this problem Sincere r �s � � � ( � ��l�� ,�� Morgan Tracy Associate Planner 13125 SW Hall Blvd Tigard OR, 97223 Steve Valdez 10360 SW Meadow st Tigazd, OR 97223 Apnl 1, 2003 I am a resident of SW Meadow Street My house backs up to the park azea off of Katheruie Street My concern of the mulor land partition 2002-00012, 2002-00013, and 2002-00014 is that the increase of water,flow m the ditch that nins parallel down Kathenne Street, behind the houses of Meadow Street and empties mto Fanno Creek - would increase sigruficantly if these lots were developed I would be afraid that the way the ditch is now it would not sufficiendy let the water flow easily mto the creek v�nthout getting backed up,'because the drtch is not matntained , � � Please consider that if water is going to be diverted to the drtch along Katheruie Street it may easily�get backed up and flood tlie yards and or houses on the south side of Meadow � Street Thank you for takuig the time to read my letter and takmg rt mto consideration , , Steve Valdez � ` � / �'.'� � V l � , Brooks Gaston - 10272 SW Meadow Street Ttgard, OR 97223 �Iarch 14, 2003 Bnan D Rager, P E Q � � � � � � Development Review E�gineer �1 � City o f T�gar d MAR 212003 � 13125 SW Hall Blvd Tigard, OR 97223 f�� i �( 0F TIGAR� Mr Rager, I'm wnting to you concerrung a proposed six-lot irunor land partrtion in the area of the mtersection of Tigard Street and Kathenne Street I'm very concerned about the dra�nage repercuss�ons that my neighbors and I may face if ttus land partition and the su'�sequent development proceeds Since I moved mto my home, I've invested approxunately $5,000 dollars m drainage to keep water out from under my home, and to help water flow from my backyard onto Meadow Street If you were to look over my back fence--toward the east -- you would be able to see that Kathenne Street's properties and the deep lots ad�acent to Tigard Street are graded to drain onto my property and my neighbor's property My neighbors, especially those on tlie north side of Meadow, have also mvested heavily to repair damage from water, and to install drainage systems I believe that �f the land to our east is developed without senous consideration of run-off, my yard and home-- wluch is about 75% m the flood plane-- as well as my neighbors' yards and homes, could be damaged and devalued by water damage We ask that you work with Nliles Schlesinger--who plans the six-lot subdivision -- to make an mvestment in water-divertmg systems to dra�n water away If we can work together, perhaps we can come up with a wm-w�n situation I've recently met wilh 1�ir S�hleSinger �-Ie expressed mteresting �n meeting our needs by addtng a swale to the western end of his property and drairung storm water out to Kathenne Street He and I both agree, however, that if this solution is pursued, the ditch along Kathenne Street may have to be improved Please look mto ttus s�tuation as soon as possible, and work with us as we try to find a solution that meets the needs of the city the c�tizens, and new development Feel free to call me at 503-968-6011 Thank you, 'L, �'�- Brooks Gaston �� . 313[l0� t � I � r � 6 � � o� ; t �� t � B i �11121 AI�,! �_�.I 4i I I �s�i'a�. a+��s��a�.e��d�, ,�`�e�E'��'�� .��.�.�'�� - 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L' * �� +1,., � .� wrut� wauc7 eJ �i �� u�Gy rul.vivJ� v� �uv �.�6, v� � ��ucu � .rCtf �aV [ iiJb �V[ tuv �vGtJVrN 1 ve a�reaay staten ana secana �ior tne �nvestment we nave ati maae w ny wouid tne C�tv want tn ernde the�e ne��hh�rh�c�cL� w�th htL�me�� mterest� when the C'�tv ��v- Lrr�wsnr.�- �r» r�.�+�� n � � ��.-�i � � � .� t�nn� r�n �e�� n .. f� �. r. �ar��tcia.c a�cW uV��a. .sui+■t Ct vrvir4vt�u�Jvci v� �i��j.l�vitlr� w�vJG. �iv�b�rvYl[iiVVV.I' rr�l.l[ r,/i�- ger ana better parKS, niKe ana waiK�ng patns, nature ennancement aiong r anno LreeK and imnr�ved nlav�rrnind.� fc�r the children �n thi� �rea`� And at c�n�iderahle c��t nnt 1 T�t�An�� N + N/�� ' /�f��r viu� .i.rc�uaay ciu�Yv��c�vu.., VVhile 1 underStand thiS "hii�me�� creen" w�ll nr�hahlv n�t �mnact me ner��nallv in *1,.. i.l,...fi *.,.-v.+ tl. �L,., ..�.+ F 1 .....,�. � ~« �b.(. n 1.1 +.. y F� F y..,-., e��'�v .�..v.� Lw�ti�� i'�+1.�i �..i�, vnLrvY►►vii v> ii►� vvi�y+v�.�� vr�„ tu�+ �vS��v�i. ,u:iv�. v� iiiv�v water �nto my property, tiie �ol�g teriri ram�ricatiotis or a��c�w«�g ti��se partitrons cou�a ciama�e the wh�le �f th�s re�idenhal �re� i� �t w�rth the chance`� I wrnild �r�tie that � �,- n.,a T �..��„ , „�~,.,, , i, t,.,,i> >,..,,. .,,,.t t,....a i.,,�..,, ,,.. .,* .,,. +�.,.�„�►n .,,... �L 1J alVl t 111�L t \IViJ\r �Vt�a Vf�IVV •1ff\ 1VV�1 1V��b l►�\�1 ��(.�AV U�+\V\�I ��K��b 1.\IVJV ��\�IVY i_,.ana rartiuon lequests ro tn� ueve�aper ulce«sts Sincerel� J�hn �l��le 1 V✓V S Clx I �r�\+Ca�aV i�� U� i�gara, vicegori yi��s fi�nv tr� Rmnk� f Ta�t�n . . n,,,,� �.�„i�..� uvii� � rva,,ivi� MAILING RECORDS AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL IMPORTANT NOTICE: THIS AFfIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: MLP2002-00013 Land Use File Name: SWOPES PARTITION I, Morgan Tracy, Associate Planner for the City of Tiqard, do affirm that I posted notice of the land use proposal affecting the land located at (state the ap roximate location(s) IF no address(s) and/or tax lot(s) currently registered) lor3s sw ,��P�in� Sf' and did personally post notice of the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected territory, a copy of said notice being hereto attached and by reference made a part hereof, on the 2.0�`` day of �k�Gli , 2003. Signature of Person Who Performed Posting (In the presence of the Notary) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF OREGON ) County of Washington ) ss. � Subscribed and sworn/a##i�aed before me on the day of C�,�1,(: , 20 �� . � QFFICIAL SEAL • � :o J BENGTSON '1�� n� ��x' ' V l NOTARY PUBLIC•OREGON � � COMMISS�ON N0.368086 MY COMMISSION E�XPIRESAPR.27,2007 NOTA PUBLIC OF OREGON My Commission Expires: � I��I C � h:Uogin\patty\masterslaTfidavi[of posting for staff to post a site.doc � . . M I NOR LAN D PARTITION (M LP) 2002-000 I 3 REQUEST: A request for a Minor Land Partition to partition one (1 ) existing 15,579 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 : 10135 SW Katherine Street, WCTM 1 S135CC, Tax Lot 3000 ZONE: R-4 5 Low-Density Residential District The R-4 5 zoning district is designed to accommodate detached single- family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-fam�ly units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18 420, 18 510, 18 705, 18 715, 18 745, 18 765, 18 790, 18 795 and 18 810 Further information may be obtained from the Planning Division �staff contact: Morqan Tracy) at 13125 SW Hall Bivd , Tigard, Oregon 97223, or by calling 503- 639-4171 A copy of the application and all documents and evidence submitted by or on behalf of the applicant and the applicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost IL fl AFFI DAVIT 0 F MAI LI NG CITY OF TIGARD Commuraty�Development ShapingA BetterCommuraty I, �atnc�a G Lu�f ord being first duly sworn/affirm, on oath depose and say that I am a SenwrAdm�nutrat�ve SpecraCut for the �zty of 7"sgard, `Was(tzn9ton County, Oregon and that I served the following (Chedc Appropna�e Box(s)Bebw} X❑ NOTICE OF DECISION FOR MLP�002 00013/SWOPES PARTITION � AMENDED NOTICE (File No Mame Reference) � City of Tigard Planning Director A copy of the said notice being hereto attached, marked EKhlblt"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Ellhlblt"B",and by reference made a part hereof, on May 19,2003,and deposited in the United States Mad on May19,2003,postage prepaid _ , (Perso at rep otic ) S`XA`I�E O�F'O�C'jON � County of�Nasjrngton )ss C'�ty of�igard ) Subscribed and sworn/affi ed before me on the / � day of , 2003 � pFFICIAL SEAL J BENOTSON NOTARY PUBLIC OREQON COMMISSION NO 368086 � MY COMMISSION E�XPIRES APR 27 2�U� My Commission bmires �. EXHIBIT � NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2002-00013 - CITY OF TIGARD SWOPES PARTITION Commuraty�Dever�nt S�ruprngA BetterCornmuraty 120 DAYS (WITH EXTENSION) =8/3/03 SECTION I APPLICATION SUMMARY FILE NAME SWOPES PARTITION CASE NO Minor Land Partition (MLP) MLP2002-00013 PROPOSAL The applicant is requesting a Minor Land Partition to partition one (1) existing 15,811 square foot lot into two (2) parcels for detached single-famdy residences An existing single-family dwelling is located on the sub�ect parcel and is proposed to remain on Parcel #1 in compliance with all setback requirements APPLICANT Miles Schlesinger OWNER Bret and Linda Swopes 11455 SW Shrope Court 13440 SW Howard Drive Tigard, OR 97223 Tigard, OR 97223 ZONING DESIGNATION R-4 5, The R-4 5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally LOCATION 10135 SW Katherine Street WCTM 1 S135CC Tax Lot, 03000 PROPOSED PARCEL 1 7,500 Square Feet PROPOSED PARCEL 2 7,500 Square Feet FLAG LOT ACCESS AREA 811 Square Feet APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390 (Decision-Making Procedures), 18 420 (Land Partitions), 18 510 (Residentiai Zoning Districts), 18 705 (Access Egress and Circulation), 18 715 (Density Computations), 18 745 (Landscaping and Screening), 18 765 (Off-Street parking and Loading Requirements), 18 790 (Tree Removal), 18 795 (Visual Clearance Areas), and 18 810 (Street and Utility Improvement Standards) SECTION II DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request sub�ect to certain conditions The findings and conclusions on which the decision is based are noted m Section V NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 1 of 22 , CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT u mit to t e ngineering epa ment rian ager, , ex or review an approval 1 Prior to final plat approval, the applicanUowner shall ensure that the visual clearance area including areas of existing fencing along the Tigard street frontage is not obstructed The applicant shall also submit a report from a traffic engineer showing tfiat sight distance standards as enumerated by AASHTO are met, and if not, that any improvements required to meet the sight distance standards have been completed 2 A Public Facility Improvement (PFI) permit is required for this proJ ect to cover the public sewer line, the new storm line in Katherine Street and any other work in the public right-of-way Six (6) sets of detailed public improvement plans shall be submitted for review to the Engineering Department NOTE these plans are in addition to any drawings required by the Budding Division and should only include sheets relevant to public improvements Public Faality Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www ci tigard or us) 3 The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who wdl be designated as the "Permittee", and who will provide the financial assurance for the public improvements For example, specify if the entity is a corporation, limited partnership, LLC, etc Qlso specify the state within which the entity is incorporated and provide the name of the corporate contact person Failure to provide accurate information to the Engmeering Department will delay processing of pro�ect documents 4 Prior to approval of the final plat, the ap licant shall obtain a Site Permit from the Building Department to cover all grading for the lot s , all on-site private utility installation (water, storm, etc ) and all dnveway construction NO � this permit is separate from a public Facility Improvement permit issued by the Engineering Department for work in the public right-of-way 5 Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of $30 00 (STAFF CONTACT Shirley Treat, Engineering) 6 The final plat shall show a ROW dedication on Katherine Street to provide 27 feet from the centerline The resulting area of both parcels, excluding the access easement area shall be a minimum of 7,500 square feet 7 The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW Katherine Street ad�acent to fhe 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 8 The final plat shall show a �oint ingress/eg ress easement to be shared between the three properties involved in the three partitions (MLP 2002-00012, 2002-00013 and 2002-00014) and shall also address maintenance responsibdity of the shared access NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 2 of 22 9 The applicant shall either place the existing overhead utdity lines along SW Katherine Street underground as a part of this pro�ect, or they shall pay the fee in-lieu of undergrounding The fee shall be calculated by the fronta�e of the site that is parallel to the utdity lines and willbe $27 50 per lineal foot If the fee option is chosen, the amount wdl be $2,063 06 and it shall be paid prior to approval of the final plat 10 The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the Ci�y's global positioning system (GPS) geodetic control 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 contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north These coordinates can be establishedby . GPS tie networked to the City's GPS survey . By random traverse using conventional surveying methods 11 Final Plat Application Submission Requirements A Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative B Attach a check m the amount of the current final plat review fee (Contact Planning/En�ineering Permit Technicians, at (503)639-4171, ext 426) 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 Katherine Street shall be made on the final plat E NOTE Washin ton County will not begin their review of the final plat until they receive notice from the �ngineering 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 finro mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions) Submit to the Planning Department (Morgan Tracy, 639-4171, ext 2428)for review and approval 12 Prior to final plat approval, the applicant shall submit a landscape plan which shows A Landscape or solid fence screening along the portion of the proposed accessway that is visible from WCTM 1 S135CC lot 3300 and 2900 This screen shall compIy with one of the three options for screening as prescribed in TDC Section 18 745 050 (5 Installation of said screen shall occur prior to final building permit approval on Parcel #� B A street tree plan for the proposed access dnve in accordance with the size and spacing standards under TDC Section 18 745 040 C THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS u mit to t e ngineering epa men rian ager, , ext or review an approval 13 Prior to issuance of budding permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat 14 Prior to issuance of the building permits, the public sewer line work for the three partitions shall be completed and accepted by the City NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 3 of 22 15 Prior to issuance of budding permits, the applicant shall provide the City with as-budt drawmgs of the public improvements as follows 1) 3 md mylar, 2) a diskette of the as-budts in "DWG" format, if avadable, otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network The applicant's engineer shall provide the City with an electronic file with pomts for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91) 16 Prior to issuance of the building permit for the new parcel, the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS) 17 The applicant shall provide signage at the entrance of the �oint driveway that lists the addresses that are served by the driveway Submit to the Planning Department(Morgan Tracy, 639-4171, ext 2428) for review and approval 18 The applicant shall �rovide a tree protection plan for Parcel #2 and shared access drive, prepared by a certified arborist The applicant/owner shall install the required tree protection measures prior to budding permit issuance The applicant shall further note that the protection plan shall indicate that a certified arborist must be present during any excavation within the driplines of any trees to remove Submit to the Building Department (Development Service Technicians, 639-4171, ext 2439) for review and approval 19 Prior to issuance of any building permits, the applicant/owner shall provide documentation that Tualatin Valley Fire and Rescue has reviewed and approved the fire flow documentation for the existing fire hydrant 20 The applicant/owner shall submit a site plan with the building permit application for Parcel #2 that meets the height and setback requirements as prescribed for flag lots, per TDC Sections 18 730 020(C) and 18 420 050(4)(e) The site plan shall also show access taken from the �oint accessway The site plan shall a7so reflect the abandonment of one of the existing driveway accesses serving the parcel on SW Tigard Street and�oint use of the shared drive THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF FINAL BUILDING INSPECTION u mi o t e anning epartmen organ racy, , ex or review an approva 21 Following completion of the shared access drive but prior to issuance of any final budding inspections, the applicant/owner shall provide evidence that the screening along the access drive as required in the landscape plan has been installed, as well as the street trees along the shared access drive THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION SECTION III BACKGROUND INFORMATION Pro�ert�i Historv The subJect parcel is located within the City of Tigard The Qro�erty is designated Low Density Residential on the Tigard Comprehensive Plan Map The sub�ec lot was divided from Lot 10 of Greenburg Heights Addition subdivision Apart from a mechanical permit, buddin� permits to convert the garage to habitable space in 1996, and a lot line ad�ustment that was performed in order to facilitate the current application, no other land use approvals were found to be on file NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 4 of 22 Site Information and Pro osal Descri tions The applicant is reques ing a Minor Land Partition to partition one (1) existing 15,811 square foot lot into two (2) parcels for detached single-family residences An existing single-family dwelling is located on the sub�ect parcel and is pro�osed to remain on Parcel #1 in compliance with all setback requirements The ad�acent properties and surroundmg area are characterized by single-famdy homes SECTION IV PUBLIC COMMENTS The City mailed notice to property owners within 500 feet of the sub�ect site providing them an opportunity to comment A number of letters have been received from adJacent property owners, including Brooks Gaston, John Slagle, Margaret and Dewey Hamdton, and Gererdene Gibson The concerns were primardy focused on storm drainage issues as a number of the nearby yards have poor drainage currently The Hamdton's also inquired about the depth of the proposed sewer to ensure that it would be adequate to serve the furthest lot These issues are discussed in greater detail under Chapter 18 810 (Street and Utility Improvement Standards) later in this decision SECTION V APPLICABLE REVIEW CRITERIA AND FINDINGS Land Partitions (18 420� The proposed partition complies with all statutory and ordinance requirements and regulations, The proposed partition complies or can be made to comply with all statutory and ordinance requirements and regulations as demonstrated b the analysis contained within this administrative decision and through the imposition of conditions o�development approval All necessary conditions must be satisfied as part of the development and building process Therefore, this criterion is met There are adequate public facilities available to serve the proposal, Public 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 available to serve the proposal Therefore, this criterion is met All proposed improvements meet City and applicable agency standards, and The public facilities and proposed improvements are discussed and conditioned later in this decision under Chapter 18 810 (Street & Utility Improvement Standards) Improvements wdl 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� 5 zoning district is 50 feet for sin�le-family detached units, and 90 feet for duplex lots Both parcels are 75 feet in width Therefore, this s andard has been met for single-family dwelfings, no duplexes will be able to be constructed on any of these proposed lots The lot area shall be as required by the applicable zoning district In the case of a flag lot, the accessway may not be included in fhe lot area The mmimum lot area requirement in the R-4 5 zoning district is 7,500 square feet for detached single- family units and 10,000 square feet for duplex units The proposed partition creates finro (2) lots that are both 7,500 square feet The remaining 811 square feet is utdized for the flag lot accessway Both parcels meet the requirements for single-famdy residential development This criterion has been satisfied NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 5 of 22 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 illustrates Parcel #1 as having 75 feet of frontage and Parcel #2 as having 70 feet of frontage on the proposed 20' wide access easement which connects to SW Tigard Street This criterion is met Setbacks shall be as required by the applicable zoning district Setbacks for the R-4 5 zoning district are as follows front, 20 feet, side, 5 feet, and rear, 15 feet The existing house on Parcel #1 is proposed to remain This structure is situated 28 feet from the front proper�y Ime, 47 feet to the proposed rear property line, 5 feet from the east side property line, and 4 7 feet from the west side property line As such, the existing dwelling may remam as part of this partition application When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet Structures shall generally be located so as to maximize separation from existing structures Proposed Parcel #2 is a flag lot There is opportunity on this 7,500 square foot lot to provide suitable separation from other nearby existing structures Nowever, at this time no home construction is proposed Therefore, conformance with this standard wdl be ensured through the building permit review process A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located with�n ten feet of an abutting lot in accordance with Sections 18 745 040 Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development The applicants plan calls for a 20 foot wide access drive to serve Parcel #2, in addition to serving two other lots being proposed in separate partition applications These other lots will also be flag lots behind the parent parcels that front on SW Katherine Street and SW Tigard Street Since the access drive will be utilized for the other two flag lot parcels behind the homes on Katherine Street, a screen is not appropriate along the shared prope� lines of the sub�ect parcel and the parcels being created by MLP2002-00012 and MLP 2002-000 4 However, the homes located at 10060 SW Tigard Street (WCTM 1S135CC lot 3300) and 10145 SW Katherine Street (WCTM 1S135CC lot 2900) are not a part of or associated with this application, and should be buffered from the visual impacts of the shared driveway Therefore, landscaping or a solid fence shall be established along the boundary of the shared drive where it can be seen from tFiose parcels FINDING The application fails to propose adequate screening for the area along the flag lot accessway to satisfy this requirement CONDITION Prior to issuance of building and or engineering permits to construct the proposed access drive, the applicant/owner shall submit a landscape plan which shows landscape or solid fence screening along the portion of the proposed accessway that is visible from WCTM 1 S135CC lot 3300 and 2900 This screen shall comply with one of the three options for screening as prescribed in TDC Section 18 745 050 �5) Installation of said screen shall occur prior to final building permit approval on Parce ##2 The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities The fire district (NFR) has reviewed the proposal and has provided comments as outlined later in this decision under Agency Comments It is likely that a fire hydrant wdl be required at the time of budding permit application due to the general lack of other hydrants near the intersection of the access drive and SW Tigard Street Documenfation of the fire flow level will be required to demonstrate that the minimum 1,000 gallon per minute flow is available NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 6 of 22 / FINDING The length of the proposed accessway and distance to the future dwelling from the street will have a detrimental effect on fire fghting capabilities should the existing hydrant not have adequate fire fighting flow CONDITION Prior to issuance of any_buddmg permits, the applicant/owner shall provide documentation that Tualatin Valley Fire and Rescue has reviewed and approved the fire flow documentation for the existing fire hydrant Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map This proposed partition would require that the accessway be shared Parcel #2 will�ointly be responsible for the accessway with the other lots that are served by it, with the exact stipulations for maintenance to be established by the applicant in the reciprocal easement FINDING The access drive wdl serve Parcels #2, m addition to finro other parcels, part of separate applications CONDITION The final plat shall show the proposed 20-foot wide �oint access easement to be shared befinreen Parcel 2 as well as the two other parcels on the ad�oining lots and shall also address maintenance responsibdity Any access way shall comply with the standards set forth in Chapter 18 705, Access, Egress and Circulation This standard is addressed under 18 705 (Access, Egress and Circulation) later in this decision Where landfill and/or development is allowed within or ad�acent to the one-hundred year floodplain, the city shall rec�uire 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 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 (See the table on the following page) NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 7 of 22 TABLE 18 510 2 - (Cont'd DEVELOPMENT STANDARDS IfJ RESID NTIAL ZONES STANDARD R-4 5 Parcel 1 Parcel 2 Minimum Lot Size -Detached unit 7 500 sq ft 7 500 sq ft 7 500 sq ft -Duplexes 10 000 sq ft Average Minimum Lot Width -Detached urnt lots 50 ft 75 ft 75 ft -Du lex lots 90 ft Maximum Lot Coverage — Minimum Setbacks -Front yard 20 ft 28 ft Can be met - -Side faang street on comer&through lots 15 ft N/A N/A -Side yard 5 ft 5 ft/4 7 ft Can be met -Rear yard 15 ft 47 ft Can be met -Side or rear yard abutUng more restncUve zoning district -- N/A N/A -Distance between properly Ime and front of garage 20 ft 30 ft Can be met -Side Yard Setbacks for Flag Lots DC 18 420 050(A)(4(e)]* 10 ft N/A Can be met Maximum Height 30 ft ** 14 Can be met"* Minimum Landscape Reqwrement -- N/A N/A "Not a part of this table but has been Included for reference •'The maximum height on a Flag Lot is 1'/:stones or 25 feet whichever is less or as otherwise provided for in TDC 18 730 020(C)(2) A minimum lot size of 7,500 square feet is required for each lot The proposed lot sizes of 7,500 square feet meet this standard Parcel #1 contains a single-family dwelling and is in compliance with the required R-4 5 setbacks Parcels #2 is currently vacant Future development of these parcels will be reviewed through the building permit process to ensure compliance with the R-4 5 development standards Setback standards, required by Table 18 510 2 will apply to all future development of the proposed lots It should be noted that the setbacks and height limifs for the flag 18 (2arc50 42�e re different than the underlying zone, as required by Sections 18 730 020(C) and 400 ( )( ) FINDING Based on the analysis above, the Residential Zonmg Distnct Standards for Parcels #1 and #2 will be met with the imposition of the following conditions CONDITION The applicant/owner shall submit a site plan with the budding permit application for Parcel #2 that meets the hei ht and setback requirements as prescribed for flag lots, per TDC Sections 18 730 020(G� and 18 420 050(4)(e) Access, Egress and Circulation (18 705) Continuing obligation of property owner (Section 18 705 030 A) The provisions and maintenance of access and egress stipulated in this title are continuing requirements for the use of any structure or parcel of real property in the City There are reciprocal access agreements necessary for adequate access to proposed Parcel #2 Owners of this 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 has been met Access Plan requirements (Section 18 705 030 B) No building or other permit shall be issued until scaled plans are presented and approved as provided by this chapter that show how access, e ress and circulation requirements are to be fulfilled The ap licant 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 To reduce the number of driveways entering SW Tigard Street, the applicant will be required to consolidate the dnveways serving the sublect flag lot with the driveways on the finro ad�oining flag lots as well as the existing driveway serving the fronting parcel on SW Tigard Street NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 8 of 22 Joint Access (Section 18 705 030 C) Owners of two or more uses, structures, or parcels of land may agree to utilize �ointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designafed in this title, provided Satisfacto legal evidence shall be presented in the form of deeds, easements, leases or contracts�o establish the �oint use, and copies of the deeds, easements, leases or contracts are placed on permanent file with the City Joint access to Parcel #2 is proposed, therefore, an access easement will be required to be recorded with Washington County and filed with the City Public street access (Section 18 705 030 D) All vehicular access and egress as re uired in Sections 18 705 030H and 18 705 0301 shall connect directly with a public or priva�e street approved by the City for public use and shall be maintained at the required standards on a continuous basis All proposed parcels wdl have access to the shared driveway which wdl connect directly with SW Tigard Street, a public street The 20-foot-wide accessway satisfies the 20-foot access width with a minimum of 20 feet of pavement required for up to 6 dwelling units per the dimensional standards in TDC Table 18 705 1 Access Manaqement (Section 18 705 030 H� Section 18 70 030 H 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, Washingfon County, the City and AASHTO The location of the new private driveway to serve this development and two other proposed partitions ad�acent to this site, should have adequate sight distance, based upon its location along Tigard Street However, the applicant has not yet submitted a report showing the sight distance is met Staff recommends the applicant submit a prelimina sight distance certification from their engineer prior to approval of the final plat Any improvements�hat may be needed in order to ensure adequate sight distance shall be completed prior to approval of the final plat as well Section 18 705 030 H 2 states that drivewa�s shall not be permitted to be 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 drivewa setback from a collector or arterial street �ntersection shall be150 feet, measured from the righ� of-way line of the intersectin� street to the throat of the proposed drivewa� The setback may be �reater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer In a case where a pro�ect has less than 150 feet of street frontage, the applicant must explore any option for shared access with the ad�acent parcel If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible The Joint private driveway location will not be in the influence area of a collector or arterial street intersection 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 drrveways and streets along an arterial shall be 600 feet The minimum spacing of local streefs along a local street shall be 125 feet SW Ti�ard Street is classified as a neighborhood route, which most closely relates to a local street The new private driveway will be over 400 feet away from the Katherine Street intersection, and over 1,000 feet away from the Tiedeman Street intersection Therefore, this criterion is met Minimum access requirements for residential use (Section 18 705 030 I) Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code This standard wdl be addressed under the Agency Comments" section on page 21 of this decision NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 9 of 22 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, paved surFace having a minimum turn radius measured from center point to outside edge of 35 feet, b) A hammerhead- configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet and a minimum width of 20 feet, c) The maximum cross slope of a required turnaround is 5% The site plan shows that the accessway is approximately 120 feet in length Smce the drive wdl not exceed the 150 foot length limitation, no turnaround wdl be required FINDING Based on the analysis above, Staff finds the Access, Egress and Circulation Standards have not been met Demonstration of compliance will 6e assured through the budding permit review CONDITIONS . Prior to final plat approval, the applicant/owner shall submit a reciprocal access easement and mamtenance agreement for the �oint access serving Parcel #2 for review The easement shall be recorded with the plat . Prior to issuance of budding permits for Parcel #2 or any other parcel being served by the shared driveway, the applicanUowner shall abandon one of the existing driveway access points on SW Tigrad Street Density Computations �18 715� A Definition of net development area Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal description of the property to be developed 1 All sensitive land areas 2 All land dedicated to the public for park purposes, 3 All land dedicated for public rights-of-way 4 All land proposed for private streets, and 5 A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site B Calculating maximum number of residential units To calculate the maximum number of residential units per net acre, drvide 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 min�mum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0 8) The standards for Density computation address the intensity of residential land uses, typically expressed as the number of housing units per acre The total square footage of the sub�ect property is 15,811 square feet There are no sensitive land areas, public dedications, or private streets within the subJ ect proposal However, to determine the net developable area, the square footage of Parcel #1 (7,500 square feet) is subtracted from the calculation because it has a pre-existing single-family dwelling Additionally, the area of the accesswa (811 square feet) is subtracted as it is excluded from the lot area per TDC Section 18 120 089( � This results in a net developable area of 7,500 square feet As the minimum lot size for the R-�5 zone is 7,500 square feet (10,000 square feet for duplexes), the maximum number of additional residential units (single-family or duplex) is one The proposed partition creates 2 separate lots in conformance with the density requirements FINDING Based on the analysis above, the Density Computation Standards have been met Landscaping and Screening (18 745) Street trees Section 18 745 040 Section 18 745 040 A All development pro�ects fronting on a public street, prrvate street or a private drrveway more than 100 feet in fength approved after tf�e adoption of this title shall be required to plant street trees in accordance with the standards in Section 18 745 040C NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 10 of 22 This proposed pro�ect has frontage on SW Katherine Street The access drive serving the proposed lot will be approximately 120 feet in Tength Therefore, street trees are required along the access drive and shall be planted in accordance with the standards for size and spacing in this title, under Section 18 745 040 C Since SW Katherine is unimproved and since the street improvement wdl not occur as part of this application, planting of street trees wdl be deferred until the street improvements occur The remainin� landscape standards are deferred until the time of development, except for screening of the private drive which is addressed in this decision under Section 18 420 050 FINDING The requirement for planting street trees along the access drive is not met In order to meet this requirement the applicant shall satisfy the following condition CONDITION The applicant shall provide a street tree plan for the proposed access drive in accordance with the size and spacing standards under TDC Section 18 745 040 C Tree Removal (18 790� A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot„ parcel or combination of lots or parcels for which a development application for a subdivision, partition site development review, planned development or conditional use is filed Protection is pre�erred over removal wherever possible The applicant has not specified the trees that will require removal, but has included an arborisYs assessment of the trees This assessment notes that there are several trees that will require removal to accommodate the shared driveway, however, several of these trees are on se�arate properties from the sub�ect site On the sub�ect site, there are seven trees that are greater than 12' in diameter Only one of these trees requires removal due to the construction of the sF�ared access drive Since this removal represents only 14% removal, no mitigation is required The remaming trees on site will be required to be protected through the construction phase per the City Foreste�'s recommendations noted later in this decision and the applicant's arborist report 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 CONDITION Submit a tree protection plan with the budding permit application for Parcel #2, shared access drive, and utdity installation prepared by a certified arborist The applicant/owner shall install the required tree protection measures prior to budding permit issuance Visual Clearance Areas (18 795) ��i°is Chapter requires that a cl'ear vision area shall be maintained on the corners of all property ad�acent to intersecting right-of-ways or the intersection of a public street and a private driveway A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in heighf The code provides that obstructions that may be located in this area shall be visually clear between three 3) and eight (8) feet in height Trees may be placed within this area provided that all branches be ow eight (8) feet are removed A visuaf clearance area is the triangular area formed by measuring from the corner, 30-feet along the right of way and along the drrveway and connecting these fwo points with a straight line Apart from the large oak trees on SW Katherine Street, which are exempt from the visual clearance requirements, there are no obstructions to the visual clearance area for the egress from Parcel #1 The site plan shows a wood fence along SW Ti�ard Street that exceeds the height allowed for pro�ections into �he visual clearance area The portion o the fence that encroaches mto this area wdl be required to be removed in order to comply with the visual clearance area for the egress for Parcel #2 FINDING Based on the analysis above, Staff finds that the Vision Clearance Standards are not presently met CONDITION The applicanUowner shall ensure that the visual clearance area on SW Tigard Street is not obstructed prior to approval of the final plat NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 11 of 22 ImQact Studv (18 390) Section 1�0 090 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 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 private property users In situations where the Community Development Code requires the ded�cation of real property interests, the applicant shall either specifically concur with a requirement for Qublic right-of-way dedication, or provide evidence that supporfs that the real property dedication is not roughly proportional to the pro�ected impacts of the development Section 1$ 390 040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public The applicant has submitted an impact study The applicant wdl not be required to physically improve the street due to the limited extent of frontage on this street However, the applicant will be required to submit a waiver of remonstrance for future participation in a Local Improvement District (LID) for street improvements to mitigate for the addition of 20 vehicle trips from the site The applicant will be extending storm drainage to account for the additional impervious area being added to the site Sewer is already avadable and has sufficient capacity to serve the develo ment Other impacts to public facilities are offset by the collection of Systems Develop ment Charg es �SDC's) collected at the time of budding permit issuance Therefore, this standard can be satisfied through meeting the conditions of approval in this decision The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of development Based on a transportation impact study prepared by Mr David Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development on the Collector and Arterial Street system The applicant wdl be required to pay TIF's of approximately $2,260 per new dwelling unit Based on the estimate that total TIF fees cover 32 percent of the impact on maJ or street improvements cit�rwide, a fee that would cover 100 percent of this proJ ects traffic impact is $7,063 ($2,260 times one unit divided by 32) The difference between the TIF paid, and the full impact, is considered the unmiti ated impact on the street system The unmitigated impact of this ro ect on the trans� portation system is $4,803 The applicant will be required to dedicate additional right of�way along SW Kathenne Street The approximate value of these exactions is $1,575 (75'X7'X$3 00 s f) As tfie value of this dedication is less than the unmitigated impact, this exaction is clearly proportionate PUBLIC FACILITY CONCERNS Street And Utility Improvements Standards (Section 18 810) Chapter 18 810 provides construction standards for the implementation of public and pnvate 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 NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 12 of 22 Minimum Rights-of-Way and Street Widths Section 18 810 030(E) requires a local residential street to have a 42 to 50-foot nght-of-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 Katherine 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, accordin to the most recent tax assessors map The applicant shoufd dedicate additional ROW on the final plat�o provide 27 feet from the centerline SW Katherine Street is paved but not fully improved to City standards TMC 18 810 030(A)(1� states that streets within a development and sfreets adJacent sfiall be improved in accordance with City standards However, 18 810 030(A)(5) states that the Ci may accept a future improvement guarantee in lieu of street improvements if the improvement associa�ed with the pro�ect does not, by itself, 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 wdl not substantially degrade the level of service on the street A street improvement ad�acent to this site, therefore, wdl 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 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 district This agreement must be executed prior to approval of the finaf plat This partition is being proposed in con1unction with two others (MLP 2002-00012 and MLP 2002-00014) The net result of all three partitions is three additional building lots According to the applicanYs plan, the three new parcels will each share a common driveway that wdl access SW Ti ard Street The applicant will be required to show a 1oint ingress/egress easement on the final pla� to clarify that the three properties have access righfs The applicant will also be required to execute a �oint maintenance agreement to clarify maintenance responsibilities befinreen the three parcels Cul-de-sacs 18 810 030 K states that a cul-de-sac shall be no more than 200 feet long, shall not provide access to greater than 20 dwelling units, and shall only be used when environmental or topo�raphical constraints, existin� development pattern, or strict adherence to other standards in this code preclude street extension and through circulation • All cul-de-sacs shall terminate with a turnaround Use of turnaround configurations other than circular, shall be approved by the City Engineer, and . The length of the cul�le-sac shall be measured along the centerline of the roadway from the near side of the intersecting street to the farthest point of the cul-de-sac • If a cul-de-sac is more than 300 feet long, a lighted direct pathway to an ad�acent street may be required to be provided and dedicated to the City The applicant's plan does not include a proposed cul-de-sac, therefore this standard is not applicable Street Alignment and Connections Section 18 810 030(G) requires all local streets which abut a development site shall be extended within the site to provide through circulation when not precluded by environmental or topographical constraints, existing development patterns or strict adherence to other standards in this code A street connection or extension is precluded when it is not possible to redesign, or reconfigure the street pattern to provide required extensions In the case of environmental or topographical constraints, the mere presence of a constraint is not sufficient to show that a street connection is not possible The applicant must show why the constra�nt precludes some reasonable street connection There are no existing public streets that stub into this site Access to Arterials and Ma�or Collectors Section 18 810 030 P states that where a development abuts or is traversed by an existing or proposed arterial or ma�or collector street, the development design shall provide ade uate protection for residential propert�es and shall separate resident�al access and through�raffic, or if separation is not feasible, the design shall minimize the traffic conflicts The design shall include any of the following NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 13 of 22 • A parallel access street along the arterial or ma�or collector, • Lots of suitable depth abutting the arterial or ma�or collector to provide adequate buffering with frontage along another sfreet, • Screen �lanting at the rear or side property line to be contained in a nonaccess reservation along the arterial or ma�or collector, or • Other treatment suitable to meet the ob�ectrves of this subsection, . If a lot has access to two streets with different classifications, primary access should be from the lower class�fication street The proposed development is neither abutting nor traversed by existing or proposed arterial or coliector streets Therefore, this standard is not applicable Private Streets Section 18 810 030 S states that design standards for prrvate streets shall be established by the City Engineer The City shall require legal assurances for the continued maintenance of private streets, such as a recorded maintenance agreement Prrvate streets serving more than six dwelling units are permitted only within planned developments, mobile home parks, and multi-family residential developments No private streets are proposed with this development Therefore this standard is not applicable Block Designs - Section 18 810 040 A states that the length, width and shape of blocks shall be desi�ned with due regard to providing adequate buifding sites for the use contem lated, consideration of needs for convenient access, circulation, control and safety of street tra�c and recognition of limitations and opportunities of topography Block Sizes Section 18 810 040 B 1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except • Where street location is precluded by natural topography, wetlands or other bodies of water or, pre�xisting 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 This proposal is not creating any additional streets and therefore this standard is not applicable Section 18 810 040 B 2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code The existing development pattem precludes the practical application of this standard, as there is no logical connection to make via a pedestrian connection Lots - Size and Shape Section 18 810 060�A) prohibits lot depth from bein� more than 2 5 times the average lot width, unless the parcel is fess than 1 5 times the minimum lot size of the applicable zoning district Both parcels are less than 1 5 times the 7,500 square foot minimum lot size Therefore, this standard is met Lot Frontage Section 18 810 060(B) requires that lots have at least 25 feet of frontage on public or Private streets, other than an alley In the case of a land partition, 18 420 050 A 4 c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet Each of the proposed lots meets the 15-foot minimum frontage requirement onto either SW Katherine Street, a public street, or the shared accessway Therefore, this standard is met NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 14 of 22 Sidewalks Section 18 810 070 A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets By entering into the restrictive covenant for Katherine Street, this criterion wdl 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-sizing Section 18 810 090 C states that proposed sewer systems shall include consideration of additional development within the area as pro�ected 6y the Comprehensive Plan There is an existing 8-inch sewer Ime in Katherine Street that has adequate capacit�r for this development The plan shows that a new main line wdl be extended northerly from Katherine Street befinreen the three properties involved m the partitions to serve the new parcels This plan is acceptable provided the three partition applicants work together and the utdity improvements are installed under one permit 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 U pstream 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) There are no 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 draina�e facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments) In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Mana ement Plan Section V of that plan includes a recommendation that local governments institute a s�ormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event The City wdi require that all new developments resultmg in an increase of impervious surfaces provide onsite detention facdities, unless the development is located ad�acent to Fanno Creek For those developments ad�acent to Fanno Creek, the storm water runoff will be permitted to discharge without detention The applicant's original application showed a plan for directing the drainage from the three properties out to the ditch in KatFierine Street However, during the review period, it became apparent that the ditch system in Katherine Street is not adequate to accommodate the flows from the three partition developments The applicant's engineer performed a thorough downstream analysis and concurred with Staff's concern The engmeer is now proposing that a new public main line be installed in the street and extended westerly to a pomt where it can be safely discharged into a very defined ditch at the end of the Katherine Street improvements From there, the ditch travels over City park land to Fanno Creek Staff concurs with this solution and is comfortable that it wdl adequately accommodate the drainage from these developments All existing rain drains that may discharge into the ditch system in Katherine NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 15 of 22 Street, where the new main wdl be installed, wdl be tied mto the new line The existing ditch and culvert system wdl be removed and backfilled Existing driveways wdl be restored once the culverts are removed One nei hbor (Brooks Gaston) submitted a letter, dated March 14, 2003 Mr Gaston lives in the home at 1027�SW I�eadow Street, which backs up to a relatively vacant property (Webb property, 1 S1 35CC, #600) between his home and the applicant s proposed Parcel 6 (as shown on the plan) Mr Gaston s property is approximately 230 feet to the west of Parcel 6 Mr Gaston indicates that the overland sheet tlows behind his home Fiave worsened over the years and causes his back yard to flood each wmter Mr Gaston was concemed about the original storm drainage plan shown by the applicant, as it may not be deep enough to collect all of the water from Parcel 6 Mr Gaston is hoping that a storm drainage solution could 6e developed that would alleviate his back yard flooding issue The applicant's representative (Miles Schlesinger) met with a representative from the Webb parcel, Mr Gaston and another nei�hbor south of Gaston along Meadow Street separately to discuss the potential of one common storm line that would run westerly across the Webb parcel, then south along the east boundaries of Gaston and the neighbor to the south to get to the ditch in Katherine Street At this point, the ditch in the street is more defined That solution was not agreed to by all parties, so the applicant could not carry it forward However, the current plan wdl ensure that the overland sheet flows experienced by Mr Gaston will not become worse If anything, they will improve because all of Parcel 6 wdl be able to be drained toward the new line This is due to the fact that a storm line wdl be installed, which will have a depth of ap roximately three feet With the old plan, the applicant was attempting to tie into a ditch, which would onPy have a few inches of depth The plan shows a common private storm line extending north from Kafherine Street along the west boundary of Tax Lot 3000 (Swo es, MLP 2002-00013) wifh laterals to reach all new parcels Staff is confident that this new plan wdPadequately address the storm water runoff from this development 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 SW Katherine Street is not classified as a bike facdity Cost of Construction Section 18 810 110 B states that development permits �ssued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally 6enefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements Not applicable Minimum Width Section 18 810110 C states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane Minimum width for two-way bikeways separated from the road is eight feet Not applicable Utilities Section 18 810 120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surFace mounted connection boxes and meter cabinets which may be placed above round, temporary utility service facilities during construction, high capacity electric lines opera�ing at 50,000 volts or above, and . The developer shall make all necessary arrangements with the serving utility to provide the underground services, • The City reserves the right to approve location of all surface mounted facilities, • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets, and NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 16 of 22 . Stubs for service connections shall be long enough to avoid disturbing the street improvements when senrice connections are made Exception to Under-Groundmg Requirement Section 18 810120 C states that a developer shall pay a fee in-lieu of under�rounding costs when the development is proposed to take place on a street where existing utilities whicl� are not underg round will serve the development and the ap roval authority determines that the cost and technical difFiculty of under-g rounding the utiPties outweighs the benefit of under�rounding in conJunction with the development 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�rounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under�rounding There are existing overhead utility lines alon the frontage of SW Katherme Street If the fee in-lieu is proposed, it is equal to $27 50 per lineal foo� of street frontage that contains the overhead lines The frontage along this site is 75 lineal feet, therefore the fee would be $2,063 00 ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT TA DA DS Public Water S stem This site is serve rom the City's water system The plan shows that three new meters wdl be set at the private driveway entrance onto Tigard Street Three new water services wdl need to be run westerly to reach the new parcels This work will require a plumbing permit from the City 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 The CWS standards include a provision that would exclude small pro�ects such as residential land partitions It would be impracticaf to require an on-site water quality facility to accommodate treatment of the storm water from the new parcel Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facdity if deemed appropriate Staff recommends payment of the fee in-lieu on this application Grading and Eros�on Control CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surFace water system resulting from development, construction, grading, excavating, cleariny, and any other activity whicfi accelerates erosion Per CWS regulations, the applicant is required to submit an erosion control plan for C�ty review and approval prior to issuance of City permits The Federal Clean Water Act requ� ires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that wdl disturb five or more acres of land Since this site is not over five acres, the developer will not be required to obtain an NPDES permit from the City prior to construction The site plan for the subsequent home will need to include a grading and erosion control plan that will be reviewed and approved by the Building Division Site Permit Required The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private utdity installations (water, storm, etc ) and driveway construction This permit shall be obtained prior to approval of the final plat NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 17 of 22 Address Assi�nments The City of Tigard is responsible for assigning addresses for parcels with�n the City of Tigard and witfiin thelJrban 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 proJect, the addressin� fee will be $30 00 The developer wilf also be required to provide sig nage at the entrance of shared driveway that lists the addresses that are served by the driveway This will assist emergency services personnel to more easily find a particular home Surve Re uirements T e applicant's ina p at shall contain State Plane Coordinates [NAD 83 (91� on finro monuments with a tie to the City's global positioning system (GPS) geodetic control nefinrork ( C 22) These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north These coordinates can be established by . GPS tie networked to the City's GPS survey . By random traverse using conventional surveying methods In addition, the applicant's as-built drawings shall be tied to the GPS network The 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 requested that the address for the Parcels #1 and 2 be posted at the front of the driveway near the street in order to speed delivery of emergency life/safety services RESPONSE This wdl be required as a condition of approval City of Tigard Forester has reviewed the proposal and offered the following comments 1 18 745 030. TREE PROTECTION DEVICES E PROTECTION OF EXISTING VEGETATION Existing vegetation on a site shall be protected as much as possible 1 The developer shall provide methods for the protection of existing vegetation to remam 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 in snow fencing which can be placed around the individual trees) 1 1 All tree protection devices shall be located on the Tree Protection Plan Any tree that will not be removed onsite that is within the limits of disturbance of this pro�ect must be protected Any tree that is located on property ad�acent to the construction pro�ect that wdl have more than 15% of its root sYstem disturbed by construction activities shall also be protected 1 2 Details and specifications are required as to how the trees wdl 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 NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 18 of 22 1 4 Include in the notes on the final set of plans that equipment, vehicles, machinery, dumping or storage, or other construction activities, buriai, buming, or other disposal of construction materials must not be located inside of any tree protection device or outside of the limits of disturbance where trees are being protected No grading, filling or any other construction activity may occur within the tree protection devices at any time or outside of the limits of disturbance where trees are being protected unless approved by the City Forester 1 5 All tree protection devices shall be ■ Visible ■ Constructed of 11 Gauge steel chain-link fencing supported on at least 2" O D steel posts Each post shall be no less than four feet high from the top of grade Each post shall be driven into the ground to a depth of no less than two and a half feet below grade Each post shall be spaced no further apart than four feet ■ Befinreen each post, securely attached to the chain-link fencing, shall be a sign indicating that the area behind the fencing is protected and no construction activity, including material storage, may occur behind the fencing ■ Approved in the field prior to clearing, grading, or the beginnmg 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 entering the protection zone a layer of at least five (5) inches of wood chips or mulch must be placed over the root zone where the vehicles wdl be dnven This method wdl minimize the adverse impacts of compaction from the equipment When access to this area is no longer needed the wood chips or mulch must then be dispersed (somewhere onsite is okay) down to a level of not more than four (4) inches deep 1 10 Specific to this proJect • All trees on the neighbonng properties must receive the same protection guidelines as the trees on the applicant's site • If the tree protection guidelines outlined in the conditions of approval are not followed, moved after being approved in the field, knocked down during construction or are removed prior to the end of construction the pro�ect wdl be o Immediately shut down untd the fencing is reinstalled according to the conditions of approval o Each impacted tree shall be bonded for seven years in the amount of $5,000 00 per tree NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 19 of 22 o Corrective action wdl taken by the applicant to address the damage done to the Critical Root Zones of each tree Corrective action may mclude, but not limited to, loosening compacted sod, replacing graded soil or removing filled soil o A fine of $250 00 per day shall be assessed to the applicant for each day that the fencing is down • Tree #25 should be preserved at any cost and the sanitary line should be moved to the eastem side of 10085 SW Katherine or the westem side of 10135 SW Kathenne 2 ILLEGAL TREE REMOVAL, 18 790 060 C 2 Payment of an additional civd penalty representing the estimated value of any unlawfully removed or damaged tree, as determined using the most current Intemational Society of Arboriculture's Guide for Plant Appraisal 3 TREE SPECIES SELECTION & PLANTING. 18 745 030 C INSTALLATION REQUIREMENTS The installation of all landscaping shall be as follows 1 All landscaping shall be installed accordmg 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 revisions), and 3 Landscaping shall be installed in accordance with the provisions of this title G CONDITIONS OF APPROVAL OF EXISTING VEGETATION The review procedures and standards for required landscaping and screening shall be specified in the conditions of approval during development review and in no mstance shall be less than that required for conventional development 3 1 It is recommended that all tree planting follow the guidelines set forth by the International Society of Arboriculture's tree planting guidelines as well as the standards set forth in the American Institute of Architects' Architectural Graphic Standards, 10�' edition In the Architectural Graphic Standards there are guidelines for selecting and planting trees based on the sod volume and size at maturity Additionally, there are directions for sod amendments and modifications I recommend that these guidelmes be followed and adhered to at all times 3 2 In order to develop tree species diversity onsite it is recommended that the following guidelines be followed ■ No more than 30°/a of any one famdy be planted onsite ■ No more than 20% of any one genus be planted onsite ■ No more than 10% of any one species be planted onsite 3 3 I recommend that all of this information be included in the final plan's notes or drawings City of Tigard Operations Department has reviewed the proposal and has no ob�ections to it City of Tigard Publ�c Works Department has reviewed the proposal and has no ob�ections to it NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 20 of 22 SECTION VII AGENCY COMMENTS Clean Water Services comments have been discussed above under Public Facility Concems Tualatin Valley Water Distr�ct has reviewed the proposal and has no ob�ections to it Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments �� FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS Access roads shall be within 150 eet o all portions o the exterior wall o the first story of the building as measured by an approved route around the exterior of the building An approved turnaround is required if the remaining distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet (UFC Sec 902 2 1) 2� DEAD END ROADS Dead end fire apparatus access roads in excess of 150 feet in length shall e provi e wit an approved turnaround Diagrams of approved tumarounds are availa6le from the fire district (UFC Sec 902 2 2 4) s) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PRO hen uildings are comp etely protected with an approved automatic ire sprink er system, the requirements for fire apparatus access may be modified as approved by the Chief (UFC Sec 902 2 1 Exception 1) a� FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE Fire apparatus access roads shall have an unobstructed width o not less than 20 feet (15 eet for one or finro dwelling units and out buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches (UFC Sec 902 2 2 '() Where fire apparatus roadways are less than 28 feet wide, "NO PARKING" signs shall be installed on both sides of the roadway and in turnarounds as needed Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed Where fire apparatus roadways are 32 feet wide or more, parking is not restncted (UFC Sec 902 2 4) s� SURFACE AND LOAD CAPACITIES Fire apparatus access roads shall be of an all-weather su ace that is easi y distinguisha le rom the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 50,000 pounds live load (gross vehicle weight) You may need to provide documentation from a reg istered engineer that the design wdl be capable of supporting such loading Documentation fom a registered engineer that the finished construction is in accordance with the approved plans or the requirements of the Fire Code may be requested (Design criteria on back) (UFC Sec 902 2 2) s� TURNING RADIUS The inside tuming radius and outside tuming radius shall be not less than 25 feet and 45 eet respectively, measured from the same center point (UFC Sec 902 2 2 3) �� GRADE Private fire apparatus access roadway grades shall not exceed an average grade of 10 aercent with a maximum grade of 15 ercent forlen ths of no more than 200 feet Intersections nd turnarounds shall be level (maximum 5%) with �he exception of crowning for water run-off Public streets shall have a maximum grade of 15% (UFC Sec 902 2 2 6) s� SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS Fire hydrants for single ami y we ings, up exes an su ivisions, s a e p ace at each intersection Intermediate fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an intersection as measured in an approved manner around the outside of the structure and along approved fire apparatus access roadways Placement of additional fire hydrants shall be as approved by the Chief (UFC Sec 903 4 2 2) s� FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD Fire hydrants shall be located not more t an 15 eet rom an approved fire apparatus access roadway (UFC Sec 903 4 2 4) �o� REFLECTIVE HYDRANT MARKERS Fire hydrant_locations shall be identified by the installation of reflective markers The markers shall be blue They shall be located ad�acenf and to the side of the centerline of the access road way that the fire hydrant is located on In case that there is no center line, then assume a centerline, and place the reflectors accordingly (UFC Sec 901 4 3) NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 21 of 22 l �� SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW The minimum avadable fire flow for sm e amdy dwellings and duplexes shall be 1,000 gallons per minute If the structure(s) is(are) 3,6�0 square feet or larger, the required fire flow shall be defermined according to UFC Appendix Table A-III-A-1 (UFC Appendix III-A, Sec 5) �2� ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION Approved fire apparatus access roa ways an ire ig ting water supp ies s a be installed and operational prior to any other construction on the site or subdivision (UFC Sec 8704) SECTION VIII PROCEDURE AND APPEAL INFORMATION Notice Notice was maded to X The applicant and owners � Owner of record within the required distance X Affected govemment agencies Final Decision THIS DECISION IS FINAL ON MAY 19, 2003 AND BECOMES EFFECTIVE ON JUNE 4, 2003 UNLESS AN APPEAL IS FILED �Ap�eal The Director's Decision is final on the date that it is maded All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as rovided in Section 18 390 040 G 1 may appeal this decision m accordance with Section 18 390 040 G � 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 thelVotice of Decision was maded 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 submitfed by any party during the appeal hearing, sub�ect to any additional rules of procedure that may be adopted from time to time by the appellate body THE DEADLINE FOR FILING AN APPEAL IS 5 00 PM ON JUNE 3, 2003 Questions If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171 �• Ma 19 2003 PR PARED Morgan Tracy DATE Associate Planner • �� May 19, 2003 APPROVED BY Richard Bewer o DATE Planning Manager i\curpin\morgan\workspaceUnlpUnlp2002 00013(swopes)�mIp2002 00013 deGSion doc NOTICE OF DECISION MLP2002-00013/SWOPES PARTITION PAGE 22 of 22 . . GEOG0.AGN C NfOMMATION SYSIEY YICINITY MAP TIGARD ST s MLP2002-00013 c _ - - - - -- -- - - ° SWOPES PARTITION � PIHAS ST �� Q �� '� � ��'o MEADOW C � �RSF H� ST Ro S� y RD M ` Fea �r �o� � �< � 2i y"° ` . F,� .�� — c, h 4� U ��ST 9UL kfi R Q �HONITA J J �FpENCR� oJRN N RD � T gar0 Mea Map / � � N ' 0 100 200 300 400 Feet 1 327 feel C ` P ? Z O C�ty of Tigard (� Infortnahon on this map is for gene2l location ony and should be venfied with the Development Services Diwsian � 13125 SW Hall Blvd JOHNSON S 'Qp�� N T'(503)639-41713 S/n^ .` httpJfw.mw a dgard or us Community Development Plot date Mar 20 2003 C UnagicWIAGIC03 APR \ � \ - " ``.\ � f — - — — — \ 't�_ r.��'';��`jC \ � ZO' W.tIC �,..� .�,�.-a��5r z_.—.�_,_,�_=�_�=`�e, � ;� . 9,pO � SLta1cG� �4SS , � ��` � `' � � ^° � ��-,'"�- i �1' \ �' �� 1`\ { e�, 1aO1d�M ,\�Tt � ��`/�- 1 \ �I� ` ` - � ��T � .�w , � , + , .� ,' . 4 t� 3 � ti r } I i i ' � tt{ � �� I i � \� / � t� �t , —�� \ � j J�Y� �1i°f��58�1y �� d� t' � � E { t 1 �� / � � �s 'a 8''i`I r �� f��F � � Y' � { � - i �� { � ta c � t � � rti � � I I �.. � � \ ML��rn� �3�s�.-�� r °" � ' � � � �� 5 � � �0�� ' � �� p��•�� ; PMritL�" , , ��i � \ �'6G� !rG ��'� I I � I J T P� � \ \\ �-L'-'°°�----�- 1'rml I ; \ \ �� ev i :30 ��' � I ` I � \ �I �� I � � \ �I " I ' � �� \ \ I II I � r �io � ,°i'o� I I r � � � ti II � ' t 1� � �}. �� '\ �e S A�a- ��` -=---°"'--�"- -'�- ± �� -- �"°`--rSW KATHERINE STREET __ : � � ` �� - - --- � - J.� tu1e�^�14...��-�^..o-�� r.�....wv..lMtlyp =�S l l � .�._ 1- �� - - - - ;� - '-�,;_�- - - - - - - - - - - - - - - �mo�p c'� �F T�6ARD T MLP2002-00013 �� T� SWOPES PARTITION Ma is not to scale Miles Schlesinger MLP2002-00013 EXHIBIT� 11455 SW Shrope Court SWOPES PARTITION Tigard, OR 97223 Bret & Linda Swopes 13440 SW Howard Drive Tigard, OR 97223 � � ;� AFFIDAVIT OF MAILING CITYOFTIOARD Communtty�DeveCopment S(wjnngA BetterCommuraty I, �atnaa L Lu�f ord, being first duly sworn/affirm, on oath depose and say that I am a SenwrAdm�nutratave SpecraCut for the �ty of7'zgard, `Washington County, Oregon and that I served the following (CheUc ADD�D�ate Boz(s)BebwF 0 NOTICE OF DECISION FOR MLPZ002 00013/SWOPES PARTITION � AMENDED NOTICE (File No/Name Reference) � City of Tigard Plannmg Director A copy of the said notice being hereto attached, marked EXhiblt"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Ellhlblt"B",and by reference made a part hereof, on M8Y 19,2003,and deposited in the United States Mail on M8Y 19,2003, postage prepaid (Person that re otic ,S7,A�E O�'O�GON ) Coun�y of�Nas tngton )ss C�ty of 2igard ) Subscribed and sworn/aff ed before me on the � day of , 2003 '0 OFFICIAL SEAL ° J BENGTgpN � NOTARY PUBLIC OREGON MYCOMMISSION�P ESA Rg 2f 2p07 iN1l commissoon E�ires a"7 � NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2002-00013 CITY OF TIGARD SWOPES PARTITION Commuraty�eveCopment SkaprngA BetterCommuraty 120 DAYS (WITH EXTENSION) =8/3/2003 SECTION I APPLICATION SUMMARY FILE NAME SWOPES PARTITION CASE NO Minor Land Partition (MLP) MLP2002-00013 PROPOSAL The applicant is requesting a Minor Land Partition to partition one (1) existing 15,811 square foot lot into finro (2) parcels for detached single-family residences An existmg single-famdy dwelling is located on the sub�ect parcel and is proposed to remain on Parcel #1 in compliance with all setback requirements APPLICANT Miles Schlesinger OWNER Bret and Linda Swopes 11444 SW Shrope Court 13440 SW Howard Drive Tigard, OR 97223 Tigard, OR 97223 ZONING DESIGNATION R-4 5, The R-4 5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally LOCATION 10135 SW Katherine Street, WCTM 1S135CC, Tax Lot 3000 PROPOSED PARCEL 1 7,500 Square Feet PROPOSED PARCEL 2 7,500 Square Feet FLAG LOT ACCESS AREA 811 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, avadable at City Hall THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE UATE OF THIS DECISION - � ~ -T - All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtamed 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 � Owner of record within the required distance X Affected government agencies Final Decision THIS DECISION IS FINAL ON MAY 19, 2003 AND BECOMES EFFECTIVE ON JUNE 4, 2003 UNLESS AN APPEAL IS FILED Appeal The Director's Decision is final on the date that it is mailed All persons entitled to notice or who are otherwise adversely affected or aggrieved by the decision as provided in Section 18 390 040 G 1 may appeal this decision in accordance with Section 18 390 040 G 2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that may be adopted from time to time by the appellate body THE DEADLINE FOR FILING AN APPEAL IS 5 00 PM ON JUNE 3, 2003 Questions For further information please contact the Planning Division Staff Planner, MorQan Tracv at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 YICINITY B7AP iIGARD T � ` � _� I MLP2002 00013 � )� cT -- � �m SWOPES PARTITION /\\/ SW'"JtlBS RS ST P ��\ �eD 3 / MEAppW ST C i sy, � °q�, ' i y � Sr^\ ��St � .�^_'� � / \� i � / t \ \ / • / \ � N � 6 C P i� O \ � C ry f T gard u.�w�. � @ �..«s. w i N �u..° \ � � � � f � � L��_..�Ya.r-.�.��-�-�ea•''�y�ti f�f�\q� l, ��S�,�ecl/9ucs5 I i r ♦ j J�. � , � °w s \��, W\plC,(•� \ �Il ` \ � a��• . 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'T��" I � � � � � � �4�es{-� � _ � i� � 1 kd keS I �I r � - - - _� __ ' - � ° �SW KATHERINESTREET — � ` f.f.��—�4-�� --_-�•�' — — — — — — — �� 1�� CITY OF Te6d1RD i M�PSOOS 000�a ��'`N N SWOPES PARTITION Ma le not to scale ! �[�1'"�� 1 S 135CC-03900 2S 102BB-00412 A ORD BU W CALCAGNO VICKI A PAT I 10130 SW KATHERINE STREET EXHIBIT 1018 IGARD ST TIGARD OR 97223 T ARD OR 7223 1 S 135CC-03700 1 S 135CC-0O600 ALFORD BURT W&PATRICIA M CHANEY CORALYN A 10180 SW TIGARD ST 11730 SW TIEDEMAN TIGARD OR 97223 TIGARD OR 97223 1 S 135CC-03800 1 S 135CG00300 ALFORD BURT W PATRICIA CHITTENDEN LLOYD A EVELY 10180 SW TIGARD ST 11600 SW TIEDEMAN AVE TIGARD OR 97223 TIGARD OR 97223 2S 102B8-00405 2S 1028 B-00100 BAKER HOWARD W DOROTHY M CRESS SCOTT B AND DANA B 12065 SW KAROL CT 9966 SW KATHERINE STREET TIGARD OR 97223 TIGARD OR 97223 1 S 135CC-00800 1 S135CC-0O100 BOWSHER CHARLEY L DAY CHRISTINA L 8 ROGER W LUCILLE N 10200 SW TIGARD ST 11820 SW TIEDEMAN TIGARD OR 97281 TIGARD OR 97223 2S 102BB-00402 2S 10288-00403 BRACK RICHARD J DORENE DEROSSO DAVID LEROY AND 14100 SW 98TH CT JOANNE SUSAN TIGARD OR 97224 12075 SW KAROL CT TIGARD OR 97223 2S 7 o2BB-0oa1 t 2S 1 o2BB-0o2ot BRENNAN MABEL G FLEMING PASQUALINA TRUSTEE 12020 SW KAROL CT 10060 SW KATHERINE TIGARD OR 97223 TIGARD OR 97223 2S10266-00409 7 S135CD-09800 BRICKEY JUDY F FOSTER DEANNA K 12070 SW KAROL CT 9991 SW PIHAS CT TIGARD OR 97223 TIGARD OR 97223 1 S 135CC-03300 1 S 135CC-01600 BROOKER FRED 8�HARRIETT GASTON BROOKS R&KRISTIN A 10060 SW TIGARD ST 10272 SW MEADOW ST TIGARD OR 97224 TIGARD OR 97223 2S 10266-00501 1 S 135CC-02800 BRUNO STEVE K HAMILTON DEWEY R M C 10240 SW KATHERINE ST 10175 SW KATHERINE TIGARD OR 97223 TIGARD OR 97223 _ �sisscc-o2soo� zs�o2sB-oosoo HAMILTON JUDITH M METRO 17225 12TH AVE NW REGIONAL PARKS&GREENSPACES SEATTLE WA 98177 600 NE GRAND AV PORTLAND OR 97232 1 S135CD-01400 7 S135CG07500 J&S CONCRETE INC NELSON BETTY JANE 18285 NE RIBBON RIDGE RD 10275 SW MEADOW ST NEWBERG OR 97132 TIGARD OR 97223 1 S135CC-00200 1 S135CC-01700 JACKSON PAUL R O DOHERTY DENNIS AND JACKSON SIMONE DENISE PAUWELS GIBBONS GERERDENE 10250 SW TIGARD ST 10270 SW MEADOW TIGARD OR 97223 TIGARD OR 97223 2S102BB-00404 1 S 135CC-00703 JOHNSON CLIFFORD A&CYNTHIA LE OLIISON RANDY L 8 CINDY 12045 SW KAROL CT 11100 SW 95TH TIGARD OR 97223 TIGARD OR 97223 1 S 135CC-03100 1 S 7 35CB-00800 KRASAUSK PAUL& OREGON DEPT OF TRANSPORTATION MACHARG JOE JR& R/W PROPERTY MANAGEMENT UNIT TOTORICA CAROL E RAIL DIVISION PO BOX 5931 555 13TH ST NE#3 BEAVERTON OR 97006 SALEM OR 97301 251028B-00410 1 S135CC-02600 KRAUSHAAR STEPHANIE E& PATRICK PAUL C BEDNAREK CHRISTOPHER F JR KATHLEEN A 12050 SW KAROL CT 10235 SW KATHERINE ST TIGARD OR 97223 TIGARD OR 97223 2S 102BB-00300 2S 102BB-00408 LARSON MARLENE D PURDY JOHN T PO BOX 23634 12090 SW KAROL CT TIGARD OR 97281 TIGARD OR 97223 1 S 135CB-00700 1 S 135CC-07 900 MCCALL OIL PYLE ROY W&MARY LOUISE TRUSTE CHEMICAL CORPORATION 10330 SW MEADOW BY NED MCCALL TIGARD OR 97223 5480 NW FRONT AVE PORTLAND OR 97210 1 S 135CC-04000 2S 102B8-00406 MCCALL PROPERTIES INC REEVES PAUL M BY NED MCCALL 12085 SW KAROL CT 5480 NW FRON AVE TIGARD OR 97223 PORTLAND OR 97210 1 S 135CD-07100 1 S 135CC-00702 MCCALL PROPERTIES INC RIFFEL ALLEN W 8 SUSAN A BY NED MCCALL 11742 SW TIEDEMAN AVE 5480 NW FRONT AVE TIGARD OR 97223 PORTLAND OR 97210 . � 1 S 135C6--03400 2S 1028A-00 SCHLESINGER STACEY TIG DUSTRIAL LLC 10120 SW TIGARD ST 113 LL MOUNTAIN RD#104 TIGARD OR 97223 T ARD OR 97224 2S102BB-00407 2 102BA-00301 SCHMASOW WALLACE I AND TIG D I STRIAL LLC ANN MARIE 1133 ULL MOUNTAIN RD#104 12100 SW KAROL CT RD OR 24 TIGARD OR 97223 1 S 135CC-01400 2S 1028 B-00500 SLAGLE JOHN D AND TOLLIVER KENNETH RAY&ALICE E SORENSEN JANICE M 10200 SW KATHERINE ST 10305 SW MEADOW ST TIGARD OR 97223 TIGARD OR 97223 1 S 135CC-02700 1 S 135CC-03200 SLYTER ROBIN S AND SUSAN D TRUJILLO BERNARDINO&EVA C 10205 SW KATHERINE ST 10030 SW TIGARD ST TIGARD OR 97223 TIGARD OR 97223 1 S 135CC-00500 1 S 135CC-02000 STOVER LAWRENCE W&SHARON A VALDEZ STEVEN M& 13432 SW 136TH PL KIMBERLY M TIGARD OR 97223 10360 SW MEADOW ST TIGARD OR 97223 1 S135CC-01800 7 S135CC-03500 SUDENGA CHARLENE M VONAHLEFELD PAUL 10300 SW MEADOW ST 10130 SW TIGARD ST TIGARD OR 97223 TIGARD OR 97223 1 S 135CC-03000 7 S 135CC-00700 SWOPES BRET&LINDA S WATANABE OSAMU AND SUWAKO 13440 SW HOWARD DR 11770 SW TIEDEMAN AVE TIGARD OR 97223 TIGARD OR 97223 1 S 135CC 01 Z00 1 S 135CC-03600 SZYDLOWSKI DOROTHEA L WEBB ROBERT LEE 10365 SW MEADOW ST EDNA M TIGARD OR 97224 10140 SW TIGARD TIGARD OR 97223 2 102BB-008 2 1S135CC-01300 TI D TY OF ZWERLING ADAM J 8 131 HALL CARDILLO DEBORAH A T ARD O 97223 10325 SW MEADOW ST TIGARD OR 97223 2S 1026A-00302 1 S 135CC-02500 TIGARD INDUSTRIAL LLC ZWINGRAF JOSEPH R 11336 SW BULL MOUNTAIN RD#104 10265 SW KATHERINE ST TIGARD OR 97224 TIGARD OR 97223 1 Jack Biethan 11023 SW Summerfield Dnve#4 Tigard, OR 97224 Brooks Gaston 10272 SW Meadow Street Tigard, OR 97223 Don & Dorothy Erdt 13760 SW 121 st Avenue Tigard, OR 97223 Ellen Bedstein 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Drive Tigard, OR 97223 Susan Beilke 11755 SW 114"� Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Patncia Keerins 12195 SW 121 st Avenue Tigard, OR 97223 CITY OF TIGARD - fENTRAI CIT SUBfOMMITfEE �i\curpin\setup�abels\CIT Central doc) UPDATED November 27, 2002 AFFIDAVIT OF MAILING CITYOFTIGARD Commwtity�[��aelopment ,S�inpingA�etterCommunity I, �'atricia L. Lu�ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdminutrative SpeciaCut for the City of 7'cgar , `WasFiington County, Oregon and that I served the following: (Check Appiopriate Box�s)Bebw) ❑X NOTICE OF PENDIN6 LAND USE APPLICATION FOR: MLP2002-00013/SWOPES PARTITION � AMEN�ED NOTICE (File No./Name Reference) � City of Tigard Planning Director A copy of the said notice being hereto attached, marked Ellhlblt"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Ellhlblt"B",and by reference made a part hereof, on M81'Ch 21,2003,and deposited in the United States Mail on MBrCh 21,2003, postage prepaid. (Person repa e ' e) S7A2�o�o�GoN ) County o��iNashrngton )ss. City of�rigar� � Subscribed and sworn/affirmed before me on the �5� day of � , 2003. OFFICIAL SEAL � DIANE M JELDEAKS :,; % �' ' NOTARY PUBLIC-OREGON , � ; COMMfSSION NO.326Fi78 -� � MY COMMISSION EXPIRES SEPT.07,2003 My Commission " es: b� , NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER EXH I BIT� THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER NOTICE OF PENDING LAND USEAPPLICATION MINOR LAND PARTITION CITY OF TIGARD Commumry�Development Shajnng A Better Commuraty DATE OF NOTICE March 21, 2003 FILE NUMBER MINOR LAND PARTITION (MLP) 2002-00013 FILE NAME SWOPES PARTITION PROPOSAL A request for a Minor Land Partition to partition one (1) existing 15,579 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 ZONE R-4 5 Low-Density Residential District The R-4 5 zoning distnct is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715, 18 745, 18 765, 18 790, 18 795 and 18 810 LOCATION 10135 SW Kathenne Street, WCTM 1 S135CC, Tax Lot 3000 YOUR RIGHT TO PROVIDE WRIT°TEN COMMENTS Pnor to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City THE FOURTEEN (14) DAY PERIOD ENDS AT 5 00 PM ON APRIL 4, 02 0 All comments should be directed to Morgan Tracy, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223 You may reach the City of Tigard by telephone at (503) 639-4171 ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5 00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDEBED IN THE DECISION-MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR APRIL 25,2003 IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION . Address the specific "Applicable Review Criteria" descnbed in the section above or any other criteria believed to be applicable to this proposal, . Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response, . Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval cntena with sufficient speaficity on that issue i Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue Specific findings directed at the relevant approval criteria are what constitute relevant evidence AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE THE DIRECTOR�S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION SUMMARY OF THE DECISION-MAKING PROCESS . The application is accepted by the City . Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14- day written comment period . The application is reviewed by City Staff and affected agencies . City Staff issues a written decision . Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site, all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll, any City-recognized neighborhood group whose boundaries include the site, and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice INFORMATION/EVIDENCE AVAILABLE FOR REVIEW The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department Copies of these items may be obtained at a cost of $ 25 per page or the current rate charged for this service Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Wntten Comments " r�e�M�nr MaP TIGA -- � MLP2002 00013 $ SWOPES PARTITION N0.5 ST �� 3 MEADOW ST � � sh, \ c�� I �� L V �Sl I 1 � {j � N � � C P O �I Cry fTge'd B r.wr � N .l __ _ �,.-�. e � 1 S 135CC-03900 2S 102BB-00412 A ORD BU W CALCAGNO VICKI A EXHIBIT.� PAT I 10130 SW KATHERINE STREET 1018 IGARD ST TIGARD OR 97223 T ARD OR 7223 1 S 135CC-03700 1 S 135CC-00600 ALFORD BURT W&PATRICIA M CHANEY CORALYN A 10180 SW TIGARD ST 11730 SW TIEDEMAN TIGARD OR 97223 TIGARD OR 97223 7 S 135CC-03800 1 S 135CC-00300 ALFORD BURT W PATRICIA CHITTENDEN LLOYD A EVELY 10180 SW TIGARD ST 11600 SW TIEDEMAN AVE TIGARD OR 97223 TIGARD OR 97223 2si o2B6-ooao5 2S t o2BB-oo�o0 BAKER HOWARD W DOROTHY M CRESS SCOTT B AND DANA B 12065 SW KAROL CT 9966 SW KATHERINE STREET TIGARD OR 97223 TIGARD OR 97223 1 S 135CC-0OS00 1 S 135CC-00100 BOWSHER CHARLEY L , DAY CHRISTINA L&ROGER W LUCILLE N 10200 SW TIGARD ST 11820 SW TIEDEMAN TIGARD OR 97281 TIGARD OR 97223 2S1026B-00402 2S102BB-00403 BRACK RICHARD J DORENE DEROSSO DAVID LEROY AND 14100 SW 98TH CT JOANNE SUSAN TIGARD OR 97224 12015 SW KAROL CT TIGARD OR 97223 2S1o2BB ooa11 2Sto2BB-0o201 BRENNAN MABEL G FLEMING PASQUALINA TRUSTEE 12020 SW KAROL CT 10060 SW KATHERINE TIGARD OR 97223 TIGARD OR 97223 2S 102B8-00409 1 S 135CD-09800 BRICKEY JUDY F FOSTER DEANNA K 12070 SW KAROL CT 9991 SW PIHAS CT TIGARD OR 97223 TIGARD OR 97223 1S135CC 03300 1S135CC 07600 BROOKER FRED&HARRIETT GASTON BROOKS R&KRISTIN A 10060 SW TIGARD ST 10272 SW MEADOW ST TIGARD OR 97224 TIGARD OR 97223 2S102BB-00501 1 S135CC-02800 BRUNO STEVE K HAMILTON DEWEY R M C 10240 SW KATHERINE ST 10175 SW KATHERINE TIGARD OR 97223 TIGARD OR 97223 1 S 135CC-02900 2S 102B B-0O600 HAMILTON JUDITH M METRO 17225 12TH AVE NW REGIONAL PARKS&GREENSPACES SEATTLE WA 98177 600 NE GRAND AV PORTLAND OR 97232 7 S 135CD-01400 1 S 135CC-01500 J&S CONCRETE INC NELSON BETTY JANE 18285 NE RIBBON RIDGE RD 10275 SW MEADOW ST NEWBERG OR 97132 TIGARD OR 97223 1 S 135CC-00200 1 S 135CC-01700 JACKSON PAUL R O DOHERTY DENNIS AND JACKSON SIMONE DENISE PAUWELS GIBBONS GERERDENE 10250 SW TIGARD ST 10270 SW MEADOW TIGARD OR 97223 TIGARD OR 97223 2S 102B6-00404 1 S 135CC-00703 JOHNSON CLIFFORD A 8 CYNTHIA LE OLLISON RANDY L&CINDY 12045 SW KAROL CT 11100 SW 95TH TIGARD OR 97223 TIGARD OR 97223 1 S 135CC-03100 1 S 135CB-00800 KRASAUSK PAUL& OREGON DEPT OF TRANSPORTATION MACHARG JOE JR& R/W PROPERTY MANAGEMENT UNIT TOTORICA CAROL E RAIL DIVISION PO BOX 5931 555 13TH ST NE#3 BEAVERTON OR 97006 SALEM OR 97301 2S 102B B-00410 1 S 135CC-02600 KRAUSHAAR STEPHANIE E 8� PATRICK PAUL C BEDNAREK CHRISTOPHER F JR KATHLEEN A 12050 SW KAROL CT 10235 SW KATHERINE ST TIGARD OR 97223 TIGARD OR 97223 2Sto2BB-0o30o 2S1o2BB-0o408 LARSON MARLENE D PURDY JOHN T PO BOX 23634 12090 SW KAROL CT TIGARD OR 97281 TIGARD OR 97223 1 S 135C8-00700 1 S 135CC-01900 MCCALL OIL PYLE ROY W&MARY LOUISE TRUSTE CHEMICAL CORPORATION 10330 SW MEADOW BY NED MCCALL TIGARD OR 97223 5480 NW FRONT AVE PORTLAND OR 97210 7 S 135CC-04000 2S 7 028B-00406 MCCALL PROPERTIES INC REEVES PAUL M BY NED MCCALL 12085 SW KAROL CT 5480 NW FRON AVE TIGARD OR 97223 PORTLAND OR 97210 1S135CD-01100 1S135CC 00702 MCCALL PROPERTIES INC RIFFEL ALLEN W&SUSAN A BY NED MCCALL 11742 SW TIEDEMAN AVE 5480 NW FRONT AVE TIGARD OR 97223 PORTLAND OR 97210 1S135CG-03400 � 2S102BA-003 SCHLESINGER STACEY TIG DUSTRIAL LLC 10120 SW TIGARD ST 113 LL MOUNTAIN RD#104 TIGARD OR 97223 T ARD OR 97224 2S 102BB-00407 2 102BA-00301 SCHMASOW WALLACE I AND TIG D I STRIAL LLC ANN MARIE 11336 ULL MOUNTAIN RD#104 12100 SW KAROL CT RD OR 24 TIGARD OR 97223 1 S 135CC-01400 2S 102BB-00500 SLAGLE JOHN D AND TOLLIVER KENNETH RAY 8 ALICE E SORENSEN JANICE M 10200 SW KATHERINE ST 10305 SW MEADOW ST TIGARD OR 97223 TIGARD OR 97223 1 S 135CCA2700 7 S 135CG03200 SLYTER ROBIN S AND SUSAN D TRUJILLO BERNARDINO&EVA C 10205 SW KATHERINE ST 10030 SW TIGARD ST TIGARD OR 97223 TIGARD OR 97223 7 S 135CC-00500 1 S135CC-02000 STOVER LAWRENCE W 8 SHARON A VALDEZ STEVEN M& 13432 SW 136TH PL KIMBERLY M TIGARD OR 97223 10360 SW MEADOW ST TIGARD OR 97223 1 S 135CC-01800 1 S 135CC-03500 SUDENGA CHARLENE M VONAHLEFELD PAUL 10300 SW MEADOW ST 10130 SW TIGARD ST TIGARD OR 97223 TIGARD OR 97223 1 S 135CC-03000 1 S 135CC-00700 SWOPES BRET&LINDA S WATANABE OSAMU AND SUWAKO 13440 SW HOWARD DR 11770 SW TIEDEMAN AVE TIGARD OR 97223 TIGARD OR 97223 1 S 135CC-01200 1 S 135CC-03600 SZYDLOWSKI DOROTHEA L WEBB ROBERT LEE 10365 SW MEADOW ST EDNA M TIGARD OR 97224 10140 SW TIGARD TIGARD OR 97223 2 1026B-008 2 1S135CC-01300 TI D TY OF ZWERLING ADAM J& 131 HALL CARDILLO DEBORAH A T ARD O 97223 10325 SW MEADOW ST TIGARD OR 97223 2S 1028A-00302 1 S 135CC-02500 TIGARD INDUSTRIAL LLC ZWINGRAF JOSEPH R 11336 SW BULL MOUNTAIN RD#104 10265 SW KATHERINE ST TIGARD OR 97224 TIGARD OR 97223 Jack Biethan MILES SCHLESINGER 11023 SW Summerfield Dnve#4 11455 SW SHROPE COURT Tigard, OR 97224 T I GARD OR 97223 Brooks Gaston 10272 SW Meadow Street Tigard, OR 97223 Don & Dorothy Erdt 13760 SW 121 st Avenue Tigard, OR 97223 Ellen Beilstem 14630 SW 139th Avenue Tigard, OR 97224 Martha Bishop 10590 SW Cook Lane Tigard, OR 97223 Vanessa Foster 13085 SW Howard Dnve Tigard, OR 97223 Susan Beilke 11755 SW 114th Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Patncia Keenns 12195 SW 121 st Avenue Tigard, OR 97223 CITY OF TIGARD - (ENTRAL fIT SUBfOMMITfEE (i\curpin\setup\labels\CIT Central doc) UPDATED November 27, 2002 1 � � - �� PRE APP HELD BY � f��` CITY OF TIGARD PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OR 97223-8189 503 639 4171/503 684 7297 CITY OF TIGARD OREGON LAND USE PERMIT APPLICATION File# m�p aQoa- 000�3 Other Case# Date B Recei t# Date A lication Com lete TYPE OF PERMIT YOU ARE APPLYING FOR ❑ Ad�ustmenWanance (I or II) � Minor Land Partition (II) ❑Subdivision (II or III) ❑ Comprehensive Plan Amendment(IV) ❑ Minor Modification (I) ❑Zone Change(III) ❑ Conditional Use (III) ❑ Planned Development(III) ❑Zone Change Annexation (IV) ❑ Histonc Overlay (II or III) ❑ Sensitive Lands Review (I, II or III} ❑Zone Ordinance Amendment (IV) Home Occupation (I or II) ❑ Site Development Review(II) Miscellaneous (I)- (Lot Line Ad�ustment/Temporary Use/Tree Removal/Director s Interpretation, etc) ress i avai a e �0 3 w � �R� s q�aa3 -- �- UI �1 S DD IbU I I�GR�.S 35 — -- �Sa,`k� - �F5 �RE� S w o �.S L�ND S S w ES 3�1�1� �� o��a- l�2- , ��►-2� 02 97zz3 5�3 S�'D-�7Eo �3 �� - o�o ��.e� �o� �zo--�� 70�a�� is i more an one 'When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with wntten authonzation from the owner or an agent of the owner The owners must sign this application m the s ace rovided on the back of this form or submit a wntten authonzation with this a lication ease e speG�c � , APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET � � e ± i THE APPLICANT SHALL CERTIFY THAT � �� ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and sub�ect to all the conditions and limitations of the approval ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true, and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s) SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED a �� ( /�"� ��. Owner's Signa ure Date Owner's Signature Date Owner's Signature Date Owner's Signature Date Owner's S�gnature Date Owner's Signature Date Owner's S�gnature Date CITY OF TIGARD Commumty�DeveCopment S6ia�nngA Better Commumty LAND USE PROPOSAL DESCRIPTION 120 DAYS = 7/17/2003 FILE NO MINOR LAND PARTITION (MLP) 2002-00013 FILE TITLE SWOPES PARTITION APPLICANT Mdes Schlesinger OWNER Bret & Linda Swopes 11455 SW Shrope Court 13440 SW Howard Drive Tigard, OR 97223 Tigard, OR 97223 REQUEST A request for a Minor Land Partition to partition one (1) existing 15,579 square foot lot into two (2) parcels for detached single-family residences An existing single-fam�ly dwelling exists on the sub�ect parcel and is proposed to remain on Parcel #1 in compliance with all setback requirements LOCATION 10135 SW Katherine Street, WCTM 1 S135CC, Tax Lot 3000 ZONE R-4 5 Low-Density Residential District The R-4 5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW Community Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715, CRITERIA 18 745, 18 765, 18 790, 18 795 and 18 810 CIT AREA Central CIT FACILITATOR List Avadable Upon Request DECISION MAKING BODY BELOW ❑ TYPE I � TYPE II ❑ TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT MARCH 21, 2003 DATE COMMENTS ARE DUE APRIL 4, 2003 ❑HEARINGS OFFICER [MONJ DATE OF HEARING TIME 100 PM ❑PLANNING COMMISSION [MONJ DATE OF HEARING TIME 100 PM ❑CITY COUNCIL RUESJ DATE OF HEARING TIME 130PM �STAFF DECISION [TENTATIYD DATE OF DECISION APRIL 25, 2003 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION � VICINITY MAP ❑ HYDRAULIC CALCS � ARBORIST REPORT � SITE PLAN ❑ UTILITY PLAN ❑ IMPACT STUDY � NARRATIVE ❑ GRADING PLANS � OTHER STAFF CONTACT Morgan Tracy, Associate Planner (503) 639-4171, Ext 2428 � nF Ci F TIG OREGON April 22, 2003 Bret and Linda Swopes 13440 SW Howard Dnve Tigard OR 97223 RE Extension of 120 Day Review Period Limit—MLP2002-00013 Dear Mr and Mrs Swopes Staff is in receipt of Miles Sclesinger's request to extend the 120-day time period in order to satisfactorily resolve the storm drainage issue As you may be aware, as it is presently proposed, the pro�ect will not meet City standards, and without an alternate solution, staff would be forced to deny this pro�ect Mr Schlesinger has requested a "two to three week extension" to develop the necessary alternative, however, as there is no conclusive information as to when this information would be received by staff we will place your application on hold effective Apnl 215t 2003 until he has submitted an alternative storm drainage design or until May 30`h, 2003 whichever occurs first If no feasible solution is received by May 30'h, staff will have to issue a denial of the proposed partition If you have any questions regarding this letter application, please don't hesitate to contact me at (503) 639-4171 ext 2428 Sincerely, , � �',�� Morgan Tracy Associate Planner i\curpinlmorgan\workspace\mip\mIp2002-00013(swopes)\mlp 2002-00013 120 day extension doc c MLP 2002-00013 Land Use file � 13125 SW Hail Blvd Tigard OR 97223 (503)639-4171 TDD (503)684-2772 �� S1VI liUILDERS INCORPORATED rc�� COVSTRUCTIOV CONTRACTORS f30ARD RFGISTRATION H865�i �(�/O3 Apr�l 21, 2003 Mr Morgan Tracy Associate Planner City of Tigard 13125 SW Hall Blvd T�gard, Oregon 97223 Dear Morgan Br�an Rager contacted me Friday morning and suggested that we ask for a 2 to 3 week extension so that we could resolve the storm water �ssue to both of our satisfaction as I recognized earl►er in the week after talk�ng to the Webb family that the solut�on I was plann�ng as the improvement scenario would not work Thank you for your consideration. Sincerely, ��'�'"`� ` 1. S M�les Schlesinger Pres�dent � � 7000 S W Hampton Street, Suite 124 Tigard,OR 97223-8361 503 968 6400 Fax 503 620 8487 Mobile 503 887 2886 �S Pnntcd on Recyded Paper � � CI OF TIG D OREGON March 19, 2003 Bret and Linda Swopes 13440 SW Howard Drive Tigard, OR 97223 RE Notice of Complete Appiication Submittal—MLP2002-00013 Dear Mr and Mrs Swopes Staff has received the information necessary to begin the review of your proposal The estimated time for rendering a decision from the date an application is deemed complete is 5-6 weeks If you have any questions regarding your application, please don t hesitate to contact me at (503) 639-4171 ext 2428 Sincerely, � L Morgan Tracy Associate Planner \\tig333\usrldepts\curpinUnorganlworkspace\mlp\mIp2002 00013(swopes)\mlp 2002 00013 letter of completeness doc c MLP 2002-00013 Land Use file 13125 SW Hall Blvd Tigard OR 97223 (503)639-4171 TDD (503)684-2772 i �. �� December 5, 2002 C11Y OF TIGARD Bret and Linda Swopes OREGON 13440 SW Howard Drive Tigard, OR 97223 RE Letter of Incompleteness, Swopes Partition, Casefile No MLP 2002-00013 Dear Mr and Mrs Swopes Staff has had an opportunity to review your application submittal While many of the necessary materials were included in your application, there remain several items that require either clarification or are missing These are listed below 1 Finalize the Lot Line Ad�ustment You will need to record the approved Lot Line Ad�ustment and provide evidence to the City that the county has recorded said ad�ustment 2 Deed/Title/Proof of ownership Include a copy of your deed or title 3 Preapplication conference notes Miles Schlesinger held a preapp August 29, 2002 Include a copy of these notes with your resubmittal 4 Tree inventory/mitigation/protection plans I note in one set of plans that at least one tree is proposed for removal You will need to provide a list of the trees on the site (that are larger than 12 inches in diameter), their size (diameter measured at 4 feet above ground), and whether or not they are proposed for removal (including future removal for home construction) For those trees removed, mitigation replanting may be required, depending on the percentage of 12" and larger trees that will be removed For those trees that will remain, a plan for their protection is required Typically, this is prepared by an arborist, and includes measures for tree protection fencing located at the tree's dripline We will assume that all trees are healthy, unless you submit an arborists report documenting that their condition is unhealthy or unsafe For trees that are dead, dying, diseased, or dangerous, no mitigation or protection is required 5 Narrative A written narrative addressing the approval criteria of Chapters 18 420, 18 510, 18 705, and 18 810 You have included a statement which satisfies the requirement for an impact study, but the remainder of the approval criteria have not been addressed 13125 SW Hall Blvd Tigard OR 97223(503)639,4171 TDD(503)684-2772 6 20 Complete Sets of Revised Materials Please submit 20 full sets of your application materials, including the material already submitted Make sure that all over-sized plans are folded to 8 '/z by 11" size, and that the material has been collated into sets Should you have any questions with regard to these items, please feel free to contact me at 503-639-4171, extension 2428 Sincerely, �• Morgan Tracy Associate Planner C MLP2002-00013 Land Use File .x�-�'=`n• " 's.r�.Y.s `.:r,u:<a�ot �+,"¢.�� cc�•�a.. ^-�V x -��`^`� i .SY_�.."�K`.{'3'��Z'.a7�T�....- la..e.w,.x�.. ¢�^'i... N z u' Z.��.r.+ v ��,�^..�t r h� •Ye.p°r�w �-+.+v ti r .�G.`... ��sy R�._. u - „ Y .t i.�,�"3� -rA_�'�."�mta 4�Y�-5��sa^{.m�,FSP '��$��.'�'i'r ' -�' Xx' .x� ` �`� �t'"-�F '�"g' � �- _�S.T� i-i..,,. - .. "' _ � rce.--^� S�t, �,� y?�.4c�tiK�'�-��.�rR?a��.�� .s-�"..r�,e.��tt�eEs-c_�-�� y '.. ��v- �, �`v-�s��x�-�,��'�T��`- '.:kry�'�`i M �� e .[ �`_ �= - � ;k,d.`,c^.;�ar„-�"T-=" t�'•``P°'?F�,�"�c��r�'�' -hy dr - rrY � _ � - a�.-_:cc.�c�:'3��xy1G,s-�n_��.�.s.:�-�'v- ��h�.��az�. � �-.�- �� `�' --V._ �_ ��— --------�G-REEMENT--- - -- - -- - ---- --- - Tlus agreement(the"Agreement")is made effective as of October��2002,by and between Stacy Schlesinger, Bret Swopes,Paul Krasausk and Joe Macharg,Jr of Portland, Oregon RECITALS Stacy Schlesinger ("Party A") desires to acquire certain easements for sewer, stormwater and roadway construction purposes across properhes owned by Bret Swopes ("Party B")and Paul Krasausk and Joe Macharg,Jr (together,"Party C") Parties B and C desire to develop each of their respective propertres into two 7500 square foot lots each Parties B and C have agreed to grant Party A easements for sewer,stormwater and road construction purposes, in exchange for grants of property The parties therefore agree as follows AGREEMENT Section 1 Grant of Easements 11 Easements Parties B and C agree to grant Party A easements for sewer, stormwater and roadway construction access, consistent with the attached Exhibit A, in exchange for and in consideration of the real property described in Section 2, below 12 Sur�ey Party A agrees to arrange for a land survey of all three parcels, to be completed no later than October 1,2002 At that trme,the parties will agree on the exact locations of the easements, based on the results of the survey The final easements will be prepared and recorded no later than February 1, 2003 The parhes agree to bear the cost of the survey as follows --_�, � 1 - AGREEMENT SS BS PK JM ��.�x-��'z r*,��y,�� '�,i �.'sy.. y-�i��,,�; . �� ' W L�`�� a�t�r"�`�>�,f� �+ ��'��°�`vh�-� �d °' -}� k� �'�� _ r-- `_ �-.�>�"^�,$- a �U='�^+�crd�-�� 7."Y"�...` �5� '''� ' 'u � � ;" -�.K�*�u'�s��s_� `r _ ..-��-ts-�r ti�r`..c�;�N��E'"c.�'��'T�s.�� `� x � _ '—� _ .- ,� ��..�+_ -_,- � �Mnv's � ��°`..rt�`�"�R�-y�3�''��TM C��"�' d3-�e.e... .,� x _ _ � ^ t =-�-r�ry.�r-1 ' m w -4.-s.YV My l I R'[�.i., _-lat w t�. f� T�_��L�Sp'�2f'��-^..1�4' -------- ---- Par-�A--33% - — --— -- - -- --- -- -----— _ Party B 33% Party C 33% Section 2 Grant of Property, Lot Line Ad�ustments,Partition 21 Grant of Property All three parcels are located in an area zoned R-7 5 residenhal, requiring lot sizes of at least 7500 square feet Parcels B and C are currently 15,000 square feet each Parties B and C wish to partihon their each of their parcels into two lots of 7500 square feet each The roadway easement granted to Party A will reduce the square footage available for partihoning, however Therefore, in exchange for and in consideration of the easements,Party A shall execute,acknowledge,and deliver to parties B and C Statutory Warranty Deeds conveying real property consistent with the description in the attached Exhibit A,sufficient to allow Parcels B and C to be parhtioned into two lots each of 7500 square feet The final descript�on of the property to be deeded will be agreed upon no later than February 1, 2003, followulg the survey of the property referred to in Section 1 2 above 2 2 Lot Line AdJustments and Partition � Party A will ad�ust the lot line of Parcel A and file the appropriate partition applicahon to create two lots of 9,000 square feet consistent with the attached Exhibit A Party A will bear the costs of tlus lot line adjustment and partitron Party B will ad�ust the lot line of Parcel B and file the appropriate partition application to create two lots of 7,500 square feet consistent with the attached Exhibit A Party B will bear the costs of this lot line ad�ustment and parhtion Party C will ad�ust the lot line of Parcel C and file the appropriate partition application to create two lots of approximately 7,500 square feet consistent with the attached Exhibit A Party C will bear the costs of tl�us lot line ad�ustment and partition ¢� P� 2- AGREEMENT SS BS PK JM *-r.�. ,C Xc'! d�^,Y irrre 'a .C�L'r �ra,�� ^�7aFi:s�ri� �r " �� - �� '� �,g�, � .l,r, -�_ ,� ..�=s-v�� '_".�-'�'a�-rml� �4 �fy�`,,,ri,,�µ"�ait'.s'�. �,(;,,`'�4' ,td .� �"q-;�� - 7`V �f y F _'�w- �i�si° �zFS��'��ii i.�e-'h�'�s f r;"#�� 2§Y�a�n �w _ - e-E* �.. -.�'..z'��,r�:F,'-?�."� '..�"'��A°��'�'�`,'�i��a t"-� "' ��wL .�t+ �'�� — " _ � � _ �' _ °`y`-- .... —� i-'_j '�`�'��'r`u_'�x S 2 - -�.,��v's:,� .s�?_�-sz�r�,r�,T��s��s� �. =��5 'z''=y s -,.``3 A.L"'-��e�'z:�= s...�..�5�°�•�r�¢'��.;e ` �. r"=, 7°....w=w+�-�u.�w' ��'i'.: _ __ 'ae�r'�� i�2,A..- - C"_ 4�- - �Y_`^`�-�a�j+�4�.1 'i^��w3.�i ici+L - --" —Sec�iori 3---Sewer,-Stormwater and-it-oadway-Design,Construction and Maintenance - - - 31 Design Party A, or her designees, shall be responsible for desigrung and constructing the sewer, stormwater utility and roadway as described on the attached Exhibit A Parties B and C will have the opportunity to comment on and consent to the design of the sewer, stormwater utility and roadway Such consent shall not be unreasonably withheld 3 2 Pre-Construction Access Parties B and C grant to Party A and her agents the right to enter on Parcels B and C at any reasonable times for the purpose of conducting tests or studies in furtherance of the design and construction of the sewer, stormwater utility and roadway Parties B and C shall reasonably cooperate with Party A in making such tests and studies 3 3 Construction Access Parties B and C grant to Party A and her agents the right to enter on Parcels B and C at any reasonable times for the purpose of constructing the sewer, stormwater utility and roadway 3 4 Roadway and Sewer and Stormwater Construction Costs The parties agree to bear the costs of the roadway,sewer and stormwater design and construction as follows Party A 50% Party B 25% Party C 25% 3 5 Roadway Maintenance The parties agree that all lots bordering the roadway shall include deed restrictions allotting the following responsibility for road�vay maintenance costs Party A's two lots 25 % each (for a total of 50%) Party B's lot 25 % Party C's lot 25% �, �� 3 - AGREEMENT SS BS PK JM I ItM.ye �c � l� i�:av 3s �y�y¢F '33 .�" -. r�-�^- s ' Q a. y J :-.. S� ` � �-E�i��F�� _ � 'fa`��i�. �� '_�._ _ 4-a�>,�^--`..�_�i�,. '�fc�y r� t�' `�"'�.� `t' '.+:L _ _ - ' =`-y- _ r.,-f-"`�ti� ��t�`'�'`�^•� x � �� ' � ��x..._�--� �� ..%+i:sr^r�-'��.'r- JL�C � ^ ..�i�e-a.y.m.a � r a._... »r..�-=�"��4`.w��5�..��•tt� T i .�"C - t ��'4^ ..�''"'-.�l n-.=�-.--^ "1 ,�,rASy t.r-+s-`��cSs`,-`+�-i � °'•=CY''�'_� L .� � l�i`..:5.�:., _ r -�' '� `��+-c^$�Y t +.�s�.� ,�_ _ �'--�,�,._.. _ �.. _ .. -rz:��,.�-3�-,x.m.�-,-z=�- ��•�..t�.�v!"_�'� '° tii��'»° - .. .��?�cS�.rs�1_z - ---.3.`7-"+n."'�. Section�—Termination�or ause --"- - --`-- - - u- - � —� ----� �� Party A will provide firm estimates of the total cost for surveying the parcels, designing and constructing the sewer, stormwater utility and roadway no later than December 30, 2002 If these costs exceed$18,000 per party, than any party may terrrunate this agreement upon proper written Nohce provided within 10 days of receipt of the eshmate If the constructron of the sewer,stormwater utility and roadway is not complete by September 30, 2003, then any party may terrrunate this agreement upon proper written Notice mailed no later than October 10, 2003 Section 5 Warranties and Representations of Party A 51 Warranties Party A warrants and represents to Parties B and C that the following matters are true and correct, and will be true and correct at the time that all actions contemplated by this Agreement and the easements described in Section 1 1 and the grants of property described in Section 21 are recorded 511 Ownership Ms Stacy Schlesinger("Party A")owns the real property described as Parcel A on Exhibit A attached hereto,together with all improvements situated on it This real property and improvements,together with all other rights, hereditaments,and tenements appurtenant to the real property and improvements, are collectively referred to herein as "Parcel A " 51 2 No Condemnation or Assessment Proceedings There is no pending or threatened condemnation or similar proceeding or assessment affecting Parcel A, or any part of it and, to the knowledge of Party A, no such proceeding is contemplated by any governmental entity 51 3 Litigation, Law There is no litigation, arbitration, or administrative hearing pending before any goverrunental authority that concerns or affects Parcel �' �� 4 - AGREEMENT SS BS PK JM r,5.`,.-:y.'�'�.;,J.�ys�,`'"�W,�"m'�-'�<.�v�c?'i-��:u,�:fv=..x'z�G�� LI�raCJ�lhr�' _ w�' .. ti 1'..._ ^a.-�-�x"_ s.�r�='?� :�"� �" � �'�.,�� s:: r .. �' �. F_t � 1 -f ..J�sar�t'-„ � '- ;��'�.. , �+�'T' � r � �� .� � r_ �. »x'�,�.�" ''4,'N,� :"'r y YJ= `"�-' �� _ ~ �r�'^�_�--y =�`.._��-x� _,i.��'�s ..�y �� ,-..��a�� 'y� ,. �,4c�i .+ p"'�'` •-.,�t�'4��'`� �:��c,.'s-�"�=�r�� ,�5•� '� _f'��:'�' _ _.._��` �',4� '�� ,� + ,�+-,..-'_ Kas r�'�„� �' -"' �� .°..�_ �v^�^,p `K'�P��t�,Y-� � T ----�—A;or any portion of i�d;to f�ie knowledge of Party A, no such proceeding is - threatened To the knowledge of Party A, Parcel A complies with all laws, ordinances, and governmental approvals and decisions that relate to it 514 Hazardous Substances For purposes of this subsection, the phrase "Hazardous Substances"has the same mearung as is designated in ORS 465 200(15) party A warrants, represents, and covenants as follows (1) To the knowledge of Party A, there are no Hazardous Substances in, upon, or buried on or beneath Parcel A and no Hazardous Substances have been emitted or released from Parcel A in violatron of any environmental laws of the federal or state government, (2) Party A has not brought onto, stored on, buried, used on, emitted or released from, or allowed to be brought onto, stored on, buried, used on, or emitted or released from,Parcel A any Hazardous Substances in violation of any environmental laws of the federal or state government,and (3) To the knowledge of Party A, no underground storage tanks are located on Parcel A,including(without lirrutation)any storage tanks that contain, or previously contained, any Hazardous Substances, and Owner agrees not to cause or permit any such tanks to be installed in the Property before Closing 515 Status of Party A Party A warrants that Party A is not a foreign person,foreign partnerslup,foreign corporation,or foreign trust,as those terms are defined in IRC §1445 51 6 Breach of Agreements Neither the execution of this Agreement,nor the execution, delivery, or recordation of any document or agreement referenced herein,constitutes or will constitute a default under any other agreement or contract � �� 5 - AGREEMENT SS BS PK JM v"a��.w_'+r=a..a�-+r��,_�.'..�s' ��s3_ ��;'r a`,y�:c'� -�'`a�"Yr,1_�g`�.,1,"'r�`'f�n`-�-n�r"�"' ��z�„�"�d�i:�a �i� � � _ ��":T".�=��?`'�^r^� ��.+-� -w�c��"r7-��-,�� `F� ""S.. _ - `� '._-_..r--_a� .Fx a.a�-�._�-� � ��titi.,zN' r+- ��.�r-.�-��L_-�.t�r��y�..�� "�.�°�'�'�'�'F_�F� a-+evn+ ..f — '�. F� `" � �y-+3�1�u.v T iw� 9 i .'�w M` 1 —'+F v' Asr 1 'y� "J}.>KnsrT�a_ z�� tY �L h '}, � 3� e � �.y� G2cYA+.1t4'..*.ic— f ^?+'„st _'�]+-�- 'F.' � x...=��—..�"�'T T ^ '�"�'1"�'�.'..�� TMM 5 A ^� C+- �'ie±`4-..`= _.i+(..+�.,3i 3"eQQ1^�,'"' �''�! — that reIates to the roperty or �hich Party A is a party - - - �" - - - - " �– 517 Contracts and Leases Party A warrants and represents that there are no lease agreements,maintenance contracts,service agreements,or other contracts of any nature that pertain to,cover,or affect Parcel A or any part of it,that have not been disclosed to all Parties B and C 5 2 Not later than 30 days after notificahon that all actions contemplated by this Agreement and the easements described in Section 1 1 and the grants of property described in Sect�on 1 1 and the grants of property described in Section 21 are ready to be recorded, Party A shall deliver to Parties B and C title insurance insuring that the land granted by Party A to Party B and the land granted to Party C are free from all encumbrances Section 6 Warranties and Representations of Party B 61 Warranties Party B warrants and represents to Parties A and C that the following matters are true and correct, and will be true and correct at the time that all actions contemplated by this Agreement and the easements described in Sechon 1 1 and the grants of property described in Section 21 are recorded 611 Ownership Bret Swopes ("Party B") owns the real property described as Parcel B on Exhibit A attached hereto,together with all improvements situated on it This real property and improvements,together with all other rights, hereditaments,and tenements appurtenant to the real property and improvements, are collectively referred to herein as "Parcel B " 612 No Condemnation or Assessment Proceedings There is no pending or threatened condemnation or sirrular proceeding or assessment affecting Parcel B, or any part of it and, to the knowledge of Party B, no such proceeding is contemplated by any governmental entity �� P� 6 - AGREEMENT SS BS PK JM -{�t�T�%i��{p.,'c¢K�`-aLL � __— rs�es.a�•et�mC_ _ �Sfe3sii4aY/mw _ �`+u�` _ js ` _LLhbcn�r^�}�'�"�� '°t^c�j� �r'�y��Z-�7� -.-�r i d°�F° I -. _ �� _.:_ � �,�' n= :si- � _'___ _ -�'�A=.'`n::` �, �1._ w �� raP '��` �� -q• -�) _^- J;.u ,�..r�.:-.3�edr'yYf�T.�+ �"�.T'C�"-t �_ �t ...��a 2.��`=� ._ti " N ��z '�= _� ....�-. •_^�YC�F.�i�•�,:_� � R .ifa}c.°c�i��'''at��- � .eG i�'—K'�'yf..� �.��r�.�1��? sw u� �'�a '•t�y..nh+FS��''Yv„ Y=�.X�'s 4'�'��...4-'r,=,i �-�� 613 Litigation, Law There is no litigahon, arbitration, or adrrurustrative hearing pending before any governmental authority that concerns or affects Parcel B, or any portion of it and, to the knowledge of Party B, no such proceeding is threatened To the knowledge of Party B, Parcel B complies with all laws, ordinances, and governmental approvals and decisions that relate to it 614 Hazardous Substances For purposes of this subsection, the phrase "Hazardous Substances"has the same meaning as is designated in ORS 465 200(15) Party B warrants, represents, and covenants as follows (1) To the knowledge of Party B, there are no Hazardous Substances in, upon, or buried on or beneath Parcel B and no Hazardous Substances have been errutted or released from Parcel B in violahon of any environmental laws of the federal or state government, (2) Party B has not brought onto, stored on, buried, used on, emitted or released from, or allowed to be brought onto, stored on, buried, used on, or emitted or released from, Parcel B any Hazardous Substances in violat�on of any environmental laws of the federal or state government,and (3) To the knowledge of Party B,no underground storage tanks are located on Parcel B, including (without lirrutation) any storage tanks that contain, or previously contained, any Hazardous Substances, and Owner agrees not to cause or permit any such tanks to be installed in the Property before Closing 615 Status of Party B Party B warrants that Party B is not a foreign person,foreign partnership,foreign corporation,or foreign trust,as those terms are defined in IRC �1445 � �� 7 - AGREEMENT SS BS PK JM i�.:`"�,'Se�cys-.ia�*'°��_�__' ty-e�.°..y�suev.eixiwa.aV.�Oa� «q ��.�•� r�,°'-„-�.`•_F�'_'s�-:..�ra.��"'°�"°,i-�'�eu'+`=�� 'f''F�_'�t.."4..�`�� v= '-u�'3z'm— — - r_� r ,. J �r '~'_ ��-cy',w-..^��3z,:'�� °t^�'-�..�°�"..�"'Z�,-r�`�'"tg ,�..t z�! ♦ � :n x.'- �� -;�--'.�.`i.d='.:.�e-..- �,.�".t�a;�-E. ^i ...Cs-��°"_`° -'°�— �`�a.s.-:5±� •-_ .• � t+�-t-� $ s,-�± -aa" � .��,b,,.�r. s o .8 �'�`P_ F �,.y1`...r...i- ,. ^�,.�.�=�°a'�. �� 6 F � -��I�'.��„� ' .r�� ,��e ,q r��+- �,*s�. "_6_ sb _ _�'�'�"''��-"P^�.^�R°-�Cxsr.. _ _ .,_ r �F.�,—^ry's� -� ..61v' 616 Breach of Agreements Neither the execution of tYus Agreement,nor the execution, delivery, or recordation of any document or agreement referenced herein,constitutes or will constitute a default under any other agreement or contract that relates to Parcel B or to which Party B is a party 617 Contracts and Leases Party B warrants and represents that there are no lease agreements,maintenance contracts,service agreements,or other contracts of any nature that pertain to,cover,or affect Parcel B or any part of it,that have not been disclosed to all Parties A and C 6 2 Not later than 30 days after notification that all acrions contemplated by this Agreement and the easements described in Section 1 1 and the grants of property described in Sect�on 21 are ready to be recorded, Party B shall deliver to Parties A and C t�tle insurance insuring that the land granted by Party B to Party A and the easement granted to Party C are free from all encumbrances Section 7 Warranties and Representations of Party C - 71 Warranties Party C warrants and represents to Parties A and B that the following matters are true and correct, and will be true and correct at the time that all actions contemplated by this Agreement and the easements described in Section 1 1 and the grants of property described in Section 21 are recorded 711 Ownership Mr Paul Krasausk and Mr Joe Macharg,Jr ("Party C") own the real property described as Parcel C on Exlubit A attached hereto, together with all improvements situated on it This real property and improvements, together with all other rights,hereditaments,and tenements appurtenant to the real property and improvements, are collectively referred to herein as "Parcel C " 71 2 No Condemnation or Assessment Proceedings There is no pending or threatened condemnation or sirrular proceeding or assessment affecting Parcel � � �� 8 - AGREEMENT SS BS PK JM �?r�.:��,�x'—.*��,��cTL' '��'�3'�.''�cn�� x _ �5,w.��.._ �_ '�- �-';-��5;-1�E-y��.` #��'��A. ;,,,r.:€,�,:� � —_ - ' '�, -�-��:;��.'�-_.� -��_ �t�;x�bv��1��w�u= ��9� v �� _"K<:i,.�..�_ �.si..:�� s;r�,..�.` -'� �'s:�i.s..�s. r.- _ v..S�K.r_:-2-m �' =.�v s .ci��i.-.�',r�~T'��.�.,�,y� id'�x.`� 5~ ''�F 7 _ � -'R+'ca�-' 7�`�`-7' ,r _ _ _ g�"c�� '�'�`,� � � r'Q- -� d'u�f �� •-r '�'> _ • 6c .�:�@'.� ��Y � ^""' __ __ _ � _ _ > � '"�� , s � _ pT — -- - ---C�rany-part of-rt-and;to--the�-ie�owledge-of Party C, no such proceeding-is- -- - - contemplated by any governmental entrty 71 3 Litigation, Law There is no litigation, arbitration, or administrative hearing pending before any governmental authority that concerns or affects Parcel C, or any portion of it and, to the knowledge of Party C, no such proceeding is threatened To the knowledge of Party C, Parcel C complies with all laws, ordinances, and governmental approvals and decisions that relate to it 714 Hazardous Substances For purposes of this subsection, the phrase "Hazardous Substances"has the same mearung as is designated in ORS 465 200(15) Party C warrants, represents, and covenants as follows (1) To the knowledge of Party C, there are no Hazardous Substances in, upon, or buried on or beneath Parcel C and no Hazardous Substances have been emitted or released from Parcel C in violation of any environmental laws of the federal or state government, (2) Party C has not brought onto, stored on, buried, used on, emitted or released from, or allowed to be brought onto, stored on, buried, used on, or errutted or released from,Parcel C any Hazardous Substances in violation of any environmental laws of the federal or state government, and (3) To the knowledge of Party C, no underground storage tanks are located on Parcel C,including(without limitation)any storage tanks that contain, or previously contained, any Hazardous Substances, and Owner agrees not to cause or perrrut any such tanks to be installed in the Property before Closing 715 Status of Party C Party C warrants that Party C is not a foreib person,foreign partnership,foreign corporation,or foreign trust,as those terms aie _�� 9 - AGREEMENT SS BS PK JM �° ��e�#��a' , • , " _ _ _. .�bL�'.� ..�= , —_��;�f'�i"�'�!�-��?�� r£V'��o.4r� ��" �" S�a.-.��-�Y�...�.^��i4a „S' `.�� y :��.�' .�� - �,�-,-;- ' '�� • ' GS.h4�.cL +�, _ �� - u.Y.2 y=� _.� ��Ghl" � 'a+ h�.a' -rr.3 ..�. _ .e^F`Jr`�R6'Y�_aeT it+�^�� __'f�^ ��✓LM��+��4't�d ��` ��- 1� i�..M�..-.-.- _ ...Y.. ^s�{.��r 1"'11--�� S M .4 r L x n ,.3� i't+��ie l�__ __—_ ` ---_ -e� � r�sat�iP-n+aptab�n � � _ w ` _ defined in IRC §1445 - , 716 Breach of Agreements Neither the execution of this Agreement,nor the execurion, delivery, or recordation of any document or agreement referenced herein,constitutes or will conshtute a default under any other agreement or contract that relates to Parcel C or to which Party C is a party 717 Contracts and Leases Party C warrants and represents that there are no lease agreements,maintenance contracts,service agreements,or other contracts of any nature that pertain to,cover,or affect Parcel C or any part of it,that have not been disclosed to Parties A and B 7 2 Not later than 30 days after notificat�on that all actions contemplated by this Agreement and the easements described in Section 11 and the grants of property described in Sechon 21 are ready to be recorded, Party C shall deliver to Parties A and B ritle insurance insuring that the easements granted by Party C to Party A and the easement granted to Party B are free from all encumbrances Section 8 Indemnity 81 Party A From and after the date of this Agreement, Party A agrees to protect, indemnify, defend and hold harmless Parties B and C, for, from and against any and all liability,loss,expense,cost,or damage,including,but not lirruted to court costs and reasonable attorneys' fees, arising out of or in any manner relatrng to (a)Party A's breach of, or assertion contrary to, any representation, warranty, covenant, obligat�on or agreement of Party A contained in this agreement or in any other instrument or document executed,or to be executed and delivered in connection with this agreement,(b)any claim or suit by a third person,firm or corporation for a broker's or finder's fee for assisting Party A in connection with the transactions contemplated by this agreement, (c) any and all obligations and liabilities of Party A occurring prior to the closing date,including,without � �� s�� IVI 10 - AGREEMENT SS BS PK I �HtiZ{ti rs.�iss`.�.ti.�^'",�^."'�rs�-• 'i 'yy�''�5 y_ ..Y`x f :'��L ;�'�3 rers9`r � 1 r ^.�_t ..a ��L.¢�i�'�.y+t'�r."�-{'" . .. - �x::.ys_�z_r-,-��g;'�r'� s t��-'+ ^ ;.,�s `��"'� � y ^ ..u�' t�� _��'��3�[z'��_.. y�s. �Y '�"` ? ^j�- "� +�a;��±�_r�.PJ.��s.�a�.�ar��s.�r�.._�. r,�c.u,� �..,, r .. °�,.+�^, � y " ��xwoms�•--��-z�-=�°�` ,•a�.,�.s�-�.s T � '��e,, ..,t '�„&k�`-�u �-a• `� �'- � ~ Y 4F'} a ��.c�>:�'r�� .t �y '�L7'7w-_3-�G� .n--.�--zti� �h�r- � �� t _ ��r� � " ~'1w�,"� �a.�.�.'.�"i,wC,r- - — - - -- -- - - - ��r�:,. ..._.��-c�.� - -'y3 ..f^�'p�c'3.a��Y��'�`�'� -- - - --Iimitation,liabilities for breach of contract,-liabilities arising in tort,liabilit�es for materials -- sold or services rendered, liabilities to all other creditors, and all tax liabilitres, including, without limitation,liability for personal property taxes,transaction privilege(sales)taxes, use taxes and other excise taxes now or hereinafter imposed as a result of or in connection with Party A's operation of the property, and (d) the presence or suspected presences of any Hazardous Substances in,on or under Parcel A,released during the period of time that Party A has possession of, or ownership rights in, the Premises This section is not in contravention of, nor does it operate as a waiver of, any liability that may accrue under state or federal statutes 8 2 Party B From and af ter the date of this Agreement,Party B agrees to protect, indemnify, defend and hold harmless Parties A and C, for, from and against any and all liability, loss, expense, cost, damage, including, but not limited to, court costs and reasonable attorneys' fees, arising out of or in any manner relating to (a) Party B's breach of, or assertion contrary to, any representation, warranty, covenant, obligation or agreement of Party B contained in this Agreement or in any other instrument or document executed,ar to be executed and delivered in connection with this Agreement,(b)any claim or suit by a third person,firm or corporation for a broker's or finder's fee for assisting Party B in connection with the transactions contemplated by this Agreement, (c) any and all obligations and liabilities of Party B occurring prior to the closing date, including,without limitation,liabilities for breach of contract,liabilities arising in tort,liabilitres for materials sold or services rendered, liabilities to all other creditors, and all tax liabilities, including, �vithout limitation,liability foi personal property taxes,transachon privilege(sales)taxes, use taxes and other excise taxes now or hereinafter imposed as a result of or in connection with Party B's operation of the property, and (d) the presence or suspected presences of any Hazardous Substances in,on or under Parcel B,released during the period of time that r��' �- 11 - AGREEMENT SS BS PK JM ga�.F��f�si a,y�� q _�� . .,�.. -- _, ..��+-,/'"--.�.;�{i k"_'�`�i�rx�_,�s�a.��a�� __.� � .,- _`��ra,�'0.'z•�"'��.�,'"^�+ �in�K ^"w`"'� .� _ J `'r'' F�$'�''��G'SW� rL'".d'Y'��i�...L° +- +��s.2.r�Y._"E'. •�° `` ` ` - � �.,-......,��a«cka��w..,x� _.�..+ �S.t_�M�� F�" '� ^ �� "C ��.L— '� v"�.} � f- +y0.� ��-t� �H��a°i�V�t'� �'l' _ r r-� � '_way s t:. �� y-�+qD+rv aLi�� J�� _-- ___ ___ _ _ __ — __ _ � ��.y�.�.a��a7Ry;�a�-Fl�ig� Aj/)5F'Sii�r�.i t IL�J�'T-e�f9L `h_ T ��r r�'� ��Y^T+'°S' i Yl:��S.Y4A9i1 � s� ---- P-arty-B-has-possessior�of,-or-o�ne-�sk�ip-r�gh�s-�n, the Premises -- - - - — __ This section is not in contravention of, nor does it operate as a waiver of, any liability that may accrue under state or federal statutes 8 3 Party C From and after the date of this Agreement,Party C agrees to protect, indemnify, defend and hold harmless Parties A and B, for, from and against any and all liability, loss, expense, cost, damage, including, but not lirruted to, court costs and reasonable attorneys' fees, arising out of or in any manner relating to (a) Party C's breach of, or assertion contrary to, any representation, warranty, covenant, obligatron or agreement of Party C contained in this Agreement or in any other instrument or document executed,or to be executed and delivered in connection with tl-us Agreement,(b)any claim or suit by a third person,firm or corporation for a broker's or finder's fee for assist�ng Party C in connection with the transactions contemplated by this Agreement, (c) any and all obligatrons and liabilities of Party C occurring prior to the closing date,including,without limitation,liabilities for breach of contract,liabilities arising in tort,liabilihes for materials sold or services rendered, liabilities to all other creditors, and all tax liabilitres, including, without limitarion,liability for personal property taxes,transaction privilege(sales)taxes, use ta�ces and other excise taxes now or hereinafter imposed as a result of or in connection with Party C's operation of the property, and (d) the presence or suspected presences of any Hazardous Substances in,on or under Parcel C,released during the period of time that Party C has possession of, or ownership rights in, the Premises This section is not in contravention of, nor does it operate as a waiver of, any liability that may accrue under state or federal statutes Section 9 Waiver Failure by any Party to enforce any right under this Agreement shall not be deemed to Ue a waiver of that right or of any other right � �� 12 - AGREEMENT T _Y _ SS BS PK JM _ l T(i Y. _�.�.�a j��Qic �y� '+� -�4Z„i g _ -._ �54-4 ya��.s 4 se H��'.A!��''+� 1..,"� �•V'�� J ' r ' �'�P �R'�`["at'� s'__L�!±�4��'�L°"�'•.<"��s'�°r �` �.`�i YA'r,� K� ^„' ^ �a•�.N'u Gie�3�Z.'4.b�`��•.�d.-T�'J+.}.w=�2- "�L^'��+2� - � � �f+!'"��S�ay�v.ar�.d" sf�s11i.�'41te.�'.c�-^'�.L�` �� q�—r�� 1 �'�F' ' � � �_ � �_ __ .�Rr �,Y �� ,�-' .��'"'`'__ =��' ^�w��,.,i__.-.�_�, C 'e ^.,v. ;-�r:.r----ec.'F.g2 � —_ __ —_— _ -- _ _ __ __ ' _ _ _ -- _ � _ — _ __ � _ _— __ -----Sectron-30--Successo - -- - — - - - - - -- - -- —- -- The terms,covenants,and condihons herein contained shall be binding on and mure to the benefit of the heirs, successors, and assigns of Party A, Party B and Party C Section 11 Notices All nohces required or perrrutted to be given shall be in writing and shall be deemed given and received upon personal service or deposit in the United States Mail,certified or registered mail, postage prepaid, return receipt requested, addressed as follows To Party A Stacy Schlesinger c/o SM Builders 11455 SW Shrope Court Tigard, Oregon 97223-4071 With copy to Brent H Hall Attorney at Law 111 SW F�fth Avenue,Suite 4040 Portland, Oregon 97204 To Party B Bret Swopes 9055 SW Burnham Street Tigard, Oregon 97223 With copy to Arnold S Polk 5150 SW Griffith Drive Beaverton, Oregon 97005 To Party C Paul Krasausk joe Macharg,jr 15833 SW Misty Court Beaverton, Oregon 97007 The foregoing addresses may be changed by written nohce, given in the same manner Notice given in any manner other than the manner set forth above shall be effectrve when received by the party for whom it is intended Section 12 Attorney Fees If litigation is instituted with respect to this Agreement, the prevailing party shall be enhtled to recover from the losing party, in addit n to all other sums and allowable �� K _ 13�_AGREEMENT _ _ _ � _ �.T a SS . _ _ BS _ ;PK_ __ _ JM _v_ _tl "�.,.r".-��'"�"-� '��; � _ — ^t"�'a.'.4��.�fr'��r*�`i°� * ��'_�`,�e< "1-�+h-�n CM �',��Y �'�?K'� � �� y�rY �' �� '4p. � r ; .s.� x '-r.v�.l �' t� XS..�w^- d�s`� �a<x ?...° �c�^wz..�.:u��'iv t� r� 4 �('�r �.-.= -+ _r.. / TMe��e,v-t;_ ��-��r� � ��i.�;�-•r-4�`��-�� ,.� ^� ," _ -- 1 -' ^ ;�.9 i�-�-�-�K.a��F, '�r�'q`"`�'c-?�^tt�,-a-,_.�'';�� a.� �� :�-..,. u� �a ��, � rr,...,- - �r��r _ s-x-.e= ... � w'c� � �.��x:. � - - --- --- — - — -- --- - � � -� costs, its reasonable attorney�ees, bo��in preparation for and at trial and any appeal-or -- -- --- review, such amount to be set by the court before which the matter is heard Section 13 Counterparts, Pronouns This Agreement may be executed in one or more counterparts, all of which shall be considered one and the same Agreement and shall be effective when one or more counterparts have been signed and delivered by Party A, Party B and Party C With respect to any pronouns used, each gender used shall include the other gender and the singular and the plural, as the context may require Section 14 Govermng Law, Interpretation This Agreement shall be governed by the laws of Oregon In the event a court of competent�urisdichon holds any portion of this Agreement to be void or unenforceable as written,Party A, Party B and Party C all intend that (1) that portion of tl�us Agreement be enforced to the extent perrrutted Uy law, and (2) the balance of this Agreement remain in full force and effect Section 15 Time Is of the Essence Time is of the essence of this Agreement Section 16 Authority to Execute Each person execuring this Agreement on behalf of each Party, respectively, warrants Yus or her authority to do so Section 17 Statutory Disclaimer 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 ACQUIRING FEE TITLE TO ANY PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES t� �/� 14 - AGREEMENT �--- - �r�- -- - SS 1_BS - PK . JM �.. ��' sW��w`r`�''.� ,m�` �.' � � �e�t� k y��. �• _ 'a`� ,�`K''�,t'�"4SS�°'�-C �' "� � �.��4� �'`�`^�L3.'�3'�u..'`4"`� � ,�,��n �7'"a�� a�rFr _ "�"--� ��en ��f�� -c�-o.�.-a. a'�*sti."� g.s�' . �'�,��.,'1�'l=� '�$ � n�-r �'d �,S=�"�i,,..r r's��"'.�- � ��''v~�J,. _.�.h�-:ni�«1�:1 oa ��5 ts �; .r>' c�~ " _ -�,.c�a � s� �'� ��v��, i+,—'��Y 4_�° 9 4 =ta.— �a �'"_,� ..""�-L se-✓��'�` F S ' ��. ,� � - -- - ""'�y m~ ' - — - - - - _ "'��r� -- ---Section38--Descriptrve-Headrngs — - - - - -- - - — - - - The descriptive headings of the paragraphs of this Agreement are inserted for converuence only and shall not control or affect the mearung or constructron of any provision hereto Executed on the day and year first above written PARTY A a y S ger PARTY B / �-�' Bret Swopes PARTY C ��< P ul Krasausk joe Macharg,Jr �— 15 - AGREEMENT _ _ _ _ _ SS _ _ _ BS � PK __ JM N � r� _ � � t� � 1 �l� �1 � 1 Transnation TRANSNATION TITLE INSURANCE COMPANY 5933 NE Win Sivers Drive Ste 300 AlANO�N[tlGCOMMM' Portland, OR 97220 Phone (503) 262-4714 Fax 262-4697 Transnation Title Insurance Company Jerry Bales 12360 East Burnside Street Portland, OR 97233 Date Prepared December 5, 2002 ORDER NO W312936AT PROPOSED PLAT TITLE OFFICER CONTACT Kathy Roberts, Advisory Title Officer (503) 262 4657 SUBDfVISION GUARANTEE TRANSNATION TITLE INSURANCE COMPANY GUARANTEES The Oregon Real Estate Commissioner and any County or City withm which said subd�vision or proposed subdiv�s�on is located That, accordmg to the public records which impart constructive not�ce of matters affect�ng title to the premises hereinafter referred to, we find that effective as of November 22, 2002 , the last deed of record runs to BRET SWOPES and LINDA S SWOPES, as tenants by the entirety The premises are described as follows As fully set forth m "Exhibit A" attached hereto and by this reference mcorporated here�n Th�s is not a report issued preliminary to the issuance of a title insurance pol�cy The use hereof is mtended as an mformational report only, to be used m con�unction with the development of real property Liability hereunder is limited to an aggregate sum of not to exceed 51000 00 (contmued) � �+ , :t�� 1 r 3 M � Order No W312936AT EXHIBIT A" Legal Description East 75 feet of the West 450 feet of Lot 11, GREENBURG HEIGHTS ADDITION, in the City of Ts.gard, County of Washington and State of Oregon � � � _ %� ,� � SUBDIVISION GUARANTEE DATED December 5, 2002 ORDER NO W312936AT We also find the followmg apparent encumbrances, which �nclude "Blanket Encumbrances as defined by ORS 92 305(a), and also easements, restrictive covenants and rights of way pnor to the effective date hereof 1 Municipal liens if any, imposed by the City of Tigard 2 Trust Deed including the terms and provisions thereof, Dated June 26, 2001 Recorded June 29 2001 Recorder s Fee No 2001-63396 Grantor Brett Swopes and Linda Swopes Trustee Forest N A Bacci Esq Beneficiary Wells Fargo Home Mortgage Inc Amount $117,200 00 Loan No 0022195507 We have also searched our General Index for judgments and state and federal tax liens against the grantees named above and find NONE �ND OF REPORT MJR/lm n / �� •�' ' a ' ' SEE MAP ; ; IS I 3:bCD s r w u• �° a »v �. � 4�00 � 0 3/7 At �� G�► sc� � � �1 B �J k � � 9+ � ies 9 3700 �O �o , t/Ac �`�, � �--� J� � �'o . . �w �y �� 3soo 's,� s �� i ts ae �„ ] �� 1 � �1� �°.,b `'� �`' � io � �, 'c► � �� o �� s'� : S R�0 CM � n �s r n �s � *� soo 2soo zTOO Zsoo x9oo 3000 �o0 3300 ,,F�' JJ�1r 33 Ac Ss AC !?At JS�e !�Ae !J A� �?At • � f ' � 3200 �� P ?s n r •��t t „ u eiiM rr ATH RINE s STREET � x wr e � e as —�. �-� �.��..��,�� ..�� MORTN LIML �OMN {. MICRLIN' 0 � C E MAP , S 1 28B THIS MAP IS PROVIDED AS A COURTESY OF TRANSNATION TI7LE INSURANCE COMPANY � This map is made solely for ihe purpose of assisting in locatmg said premises and the Company assumes �� no liabdity for vanations if any in dimensions areas and locations ascertained by actual survey r � , i �{ a Issueu Bv GUARANTEE 'IY2AN9NATION T1TLC WSUR��I'C CODIt.►\l CONDIT[OIVS AND S LiPULATIONS Transnation n i.�xn.v��iu rowntiv r 1 DEFINITION OF TERMS (a) The liability of the Company under this Guarantee shall be limited tc The follo�nnng terms when used in this Guarantee mean the amount of actual loss austained by the Insured because of (a) land The land described speafically or by reference In thls reliance upon the assurances herein set forth but in no event shall Guarantee and improvements afflxed[hereto which by law const�tute sucr liability exceed the amount of the liability stated on the lace real property page hereof (b) publw records Those racords whwh u�part constructrve notice of (b) The Company �vill pay all costs imposed upor the Insured m matters relating to said land liligat�on carried on by the Company for the Insured and all costs (c) date The effective date and attorney4 fees in litigatior carried on by the Insured with the (d) the Insured The party or parties named as the Insured in this writ'en authontahon of the Company Guarantee or in a supplemental writing executed by the Company (c) No claim tor damages shall arise or be maintainable under this (e) mortgage Mortgage deed of trust trust deed or other security Guarantee (1) iT the Company after having received notice of an mstrument alleged defect lien or encumbrance not shown as an Exception or excluded herein removes such defect lien or encumbrance wlthln a 2 EXCLUSIONS FROM COVERAGE OF TFIIS GUARANTEE reasonable time aTter receipt of such notice or (2) for liabilrty The Co^ipany assumes no liab�lrty for loss or dam�ye by reason of the voluntarily assumetl by thc Insuretl in sehlmg any claim or s�R following without wntten consent of the Company (a) Taxes or assessments which are not shown as exisGng liens by the (d) All payments under this Guarantee except for attorneys fees as records of any taxing authorlty that levies taxes or assessments on provided for in paragraph 6(6) hereof shall reduce the amount o1 real propeRy or by the pubhc records the liability hereunder pro tanto and no payment shail be made (b) Unpatented mming claims reservations or exceptions in patents or wi hout producing this Guarantee for endorsement of such payrrent in Acts authonzing the�ssuance thereof water nghts claims or title unless the Guarentee be lost or destroyed in which case pioof of to water such loss or destruction shall be furnlshed to the satisfa�tion of the (c} Tdle to any property beyond the Ilnes of thc land expressly descnbed Company in the descnptlon set forth in the Guarantee or t�tle to streets roads (e} When liability has been defindaly fixed In accordance nith the avenues lanes ways or waterways on which such land abuts or the conditions of this Guarantee the loss or damage shall be payable nght to maintain therein vaults tunnels ramps or any other structure within thiRy days thereafter or improvement or any rights or easements therein untess such property rights or easements are expressly and specifcally set Torth 7 SUBROGATION UPON PAYMENT OR SETTLEMENT in said descriptfon Whenever the Company shali hdve settled a claim under this Guarantee (d) Defects liens encumbrances adverse claims against the trtle as ali nghl of subrogation shall vest in 1he Company uriaffected by any act of guaranteed or other matters (1) created suffered assumed or the Insured and it shall be subrogated to and be entitled to all rlghts and agreed to by one or more ot the Insured or(2)resulting in no loss to remedies which the Insured would have had against any person or the Insured property in respect to such claim had this Guarantee not be�n issued if the payment does rot cover the loss of tfu,Insured the Company shall be 3 PROSECUTION OF ACTIONS subrogated to such rights and remedies in the p 000rtion tivh ch said (a) The Company shali have the nght at its own cost to institute and paymenl bears to the amount of said loss The Ir�sured if reauested by the prosecute any action or proceeding or do any other act which in its Company shall transfer to the Company all ights and reme�ies against ownton may be necessary or desirable to establish or conilrm the any person or property necess2ry in order to perfect such right of matters herein guarenteed and the Comp2ny may take any subrogation and shall permit the Company to use the name of the Insured appropnate action under the terms uf this Guarantee whether or not in any transaction or htigaUon involving cuch n�hts or remedies it shall be liable thereund�r and shall not thereby concede Ilability or warve any provision hereof 8 GUARANTEE ENTIRE CONTRACT (b) In all cases where the Company does so instltute and prosecute any Any action or actions or rights of adion that the Insured may have or may i action or proceeding the Insured shall permit the Company to use bnng against the Company erising out oT the sub�ect matter hereof must at tts option the name of the Insured for such purpose Whenever be based on the provisions of this Guarantee requested by the Company the insured shall give ihe Company all No provision or condition of this Guarantee can be waived or changed reasonable aid m prosecuting such actlon or proceeding and the except by a wnting endorsed or attached hereto signed by the President a Company shall reimburse the Insured for any expense so incurred Vice President the Secretary an Assistant Secretary or other validating officer ot the Company 4 NOTICE OF LOSS LIMITATION OF ACTION A statement in writing of any loss or damage for which d is claimed the 9 NOTICES WHERE SEN7 Company is liable under this Guaran ee shall Ce Tumished to the Alt notices required to be gnen the Company and any statement in wnting Company within sixty days aftor auch loss or damage shall have been requued to be furmshed the Company shall be addressed to it at the determined and no ngM of acUon shall accrue to the msured under this office which issued this guarantee or to the Company at 101 Gateway Guarantee untd thiRy days after such statement shall have been furnished Centre Parkway Gateway One Richmond Virginia 23235 5153 and no recovery shall be had by the Insured under this Guarantee unless achon shall be commenced thereon withln hvo years after expiraUOn ot 10 1 he fee specified on the tace of thls Guarantee is the total fee tor title saW thuty day period Failure to fumish such statement of loss or damage search and examination and for this Guarantee or to commence such action wdhin the tlme hereinbefore specfied shall be a conclusrve bar against mamtenance by the Insured of any action under thls Guarantee 5 OPTION TO PAY SETTLE OR COMPROMISE CLAIMS The Company shall have the opt�on to pay or betqe or compromise For or in the name of the Insured any claim which could resutt in loss to the Insured v�nthin the coverage of this Guarantee or to pay the full amount of this Cuarantee or if this Guarantee Is issued tor the benefit of a holder of a mortgage the Company shall have the opt�on to purchase the indebtedness secured by said mortgage Such purchase payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder In the event af�er notice of claim has been grven to the Company by the Insured the Company offers to purchase said indebtedness the owner of such indebtedness shall transfPr and assign said indeGtedness and the mortgage secunng the same to the Company upon payment of thr purcha�e prlce 6 LIMITATION OF LIABILITY PAYMENT OF LOSS Guarantee Conditions and S�pula'ions Form 7150-14 ORIGINAL J U � ADJOINING DEEDS W312936AT i � r � — t \��1 STATE OF OREGON � � 0 \\ Cwnty ofWYhlnptOn y ,�� ,, - \ mar�i ara Ta�aqon�"�`va�� c�erlc tw amd JMIebY o�nY�' �OO�dNp tNuln m (N�nr,AdOrM�.aP) �wR'W�e►1 h � r�a� p�� _�� 4,li I 10/�6 SW Kdh«1n�ytr�N------------------ '"� �.:� -----OR i722] �` -��----------------- ---------- � �� ye Mnd MI Wt stWno�nL!to f t�q��7�xatlonphx �we.�,�adr.�s.aal �o�do�n+r� Bnt�wo�i-------------------------- Doc Z001063195 107JSSWKaMMn�Stiwt-------------- --- Rect 282102 774 00 -- ud OR 9142J--- -�-------------------------- ---- SPACEAdOVE 06/29/2001 OZ O1 03pa WARRANTY DEED (Indivfdual Granto ) James Sang and Trud�L Cleveland Sang as tenants by the en►�ary Grantor conveys end wartants to Bret � Swopes and landa S Swopes as tenants by the enSirety Grantee the following descnbed►eal property free of encumbrances except as speafically set foAh herein situated m Wash�ngtan County State of Oregon � described as follows to-wit (� See attached Exhibd A N a ` � W�SMINGTON COUNTY � I�l�� G� �O/ � iEF VAID OI�TE a e 3 �The Property is free from encumbrances except(�f rone so state) The herein descnbed premiees are Nnthin tha boundanes of arx3 subject to the sTatutory powers including the power of assessment of the Urnfied Sewerage Agenry The true cons�deraJon for this conveyance�s 5148 500 QO (Here oomply vnth the requirements of ORS 93 C'�0) Dated J�ne 27 2001 THIS INSTRUMQIT WILL NOT AL.OYIf �SH OF TFtE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF AppLJCABLE LAND USE LAWS AND REGULA710P1S BEFORE SIf3NING OR ACCEPTVJG TM�S INSTRUYEMT TME PERSON ACOUIWNG FEE TRIE TO THE PROPERIY SI►IOULD CNECK MIITH THE APPROPRIATE CffY OR COUNTY PLANNWG DEPARTINENT TO YERIFY APPROVED USE9 AND TO DETERYWE ANY LJ�iRS ON LAWSUITS AGAIMST PARM�NG OR FOREST PRACi10E8 AS DEFlNFD IN ORS 30.830 �� ' , � ' � � , �� ' � % James Sang ��TrGdi L CleJeland ang �� State oi 3regort CouMy ot Washinglon)ss I ce�tify that an June 27 2001 1 know o�have sa�usfactory evidence that James Sang and Trudi L Cleveland- Sang are the persons who appeared before me and sald persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses an rp s mentianed in this nsWment t2L� L � No lic in and for the State of Or n QFFIGIAL SEAL ` My missbn expires January 24 2^04 L13A FAEDINBUAO NOTAPV PUBUC OREGON COAAMSStON NO 329le2 MYCOMMlSS�ONE1tP'pE5-lAH(�Apv2� � � r � J 1 C�� EXHIBIT"A" East 75 feet of tM+West 450 reet ot Loc 11 GREENBURG HEIGHTS ADDtTION in the Clty of T�garti County of Washirtpton and State of Orsgon � , r y BTATH OF OREOON � � County of Waeldnpton 1 Jerry q HNUOn,Dkaolor ol Aesaee- Cierlt for��n�I�fero�COrtRY th�at andwoomordad Inebo�olt1W re ondd d�Idtl wuMY � � Iriectat of `O ,�rry R Hw�son P Of�oCourdY..krk tlon Ex � Doc 98024011 � Rect 204775 38 00 03/13/199B 10 15 54e10 oaeoon p�ARTl�l71'OP VHf�tAN9 AFPAQIB phtrrw116i8swJN�P�w�+1 _��..� _��_--_��__�..�_-_��..........____�____��_---__�_..--_�______�_�________� �- s�cr�►L wa�►rrrY D� � CZZ126 OR2T3812 The STATE OP OAEGON.by e�through the Duector of t6e Otegon Depamnwt of Veterana'AtYsue gceutor conveye and epecially watrante unto Paul Xrasausk,Joe MacHatg.Jr and Carol B Totonca, graacee(s),the following dexcnbed neal praperty ftee of encumhrancea creatad or auffaced by ttx grontor on or t�efore November 6,1969 wcoept as spec�tically set forth hesem suusted at 10085 SW Kathermc Tigecd Oregoa 97Y13 fn Wasldngtoa County,State of Ot�egon,to w�C The Bast 75 feet of the Weat 525 feet of Lot I 1 (�RB�iBURC3 HffiC1HTS MDITION,m the Cuy of T�gard Counry of Waehington aud State of Oeegon '�hia Deed se g�ven m fn1511meac of tbas ce�ca�n Conaact of Sale daud Novembor 6,1969,recotded November7 19B9,m 89 54019 SllS7EL'C'I'O 1 Any taxes for 1998 99 when due or payeble 2 Any Right of Redempnon ae Pmvided bY law 3 Regulauona,mcludmg leviea luns.easeesmente rights of aay and easementa of the Und�ed 4 C ty 1�,tf�f the CrtY of T�gard 'I1ie true aad aaual ceneideistfa+for this oonveyence�s S61 170 00 AFI'ER RBCORDII+1a REr[JRN TO Unul a change�s cequasced,all tax a�atements shall be sent to the folloamg addx+esa TiCOR TTTLB PAUL S RRASAiJSK 8623 SW CASCADE AVBNUE iQl PO BOX 3931 BBAV�t'PON.OR 97008 BBAVHR'I'ON.OR 97006 1� 1��4w pasn , � ��w � . � � �BQAL WAWtAI�T1Y D� (Ca�d1 � C22116 aRZ73812 7'0 HAVB AND 1�0 HOI D eaid real property uato aetd gr�tee(�)�their heire and aaaigrn forever "'1�iIS INSTRUDrffi�iP WII.L NOrI'ALLAW USS OF'1'i�PROPBitTY DB.SCRIDBD IN TMS II+IS1RUi�N'P W VIOLAT[ON OP APPiZCABLB LAND USB LAWS AND RFAULA7ION3 HSFORB SICiNIIdCi OR AG�C�TIrIQ 7'EiIS TNSiItUMID�T.THS PBRSON A�UIItIAIO P8B T1118 TO'I'FiB PROPARTY SHOULD CFffiCCK WLTH TI�APPROPRIATB C'd'!Y OR UNTY PLANNINa D�ARTNi�V'T 1U VSRIFY APPROVBD U383 AND TO DSI'�i3 ANY LIIVIITS ON IAWSLRTS AUAINST FARbID+I�OR FORHST PRACITCBS AS DBFIIQBD IN ORS 30 930' IIV WITNESS WE�ItBOF,t6a DaecDOr of tLe Oregua Depacoment of Veoereae'A�ai:e hee caueed duse �ta to b�exec�ued th�e Febtuery 23 1998 The foregomg c�atal of ooaeidesatioa ia tiue ae I ver}ly a Dizector of Orogon Depenmem of Vetarme'Affalta Hy _1...s�'�L�'i (�ut R 5choepp M�er,Acconnte Servuea STATB OF ORSaON ) )ss C.ounty of Marion ) On Febauary 23,1998 thie msttttment wes rclmowledged befot+e me by tlle sbove nacned C�ut R Schropp who�ets0aelly �peaeed,aad being 6tet duly awom.did say ehat he is duly authnruoed to eign the fomgomg danntent on behelf of the Oregein Depann�eut of Veterens o Dinctor Bafon me Notary blic Por O�egon o�x�aeu HUTN PAR1�1 NQTARY PUBl7C-0F1E�ON COM411S&ON MG 70BBi !A1'OOAMi9810H O�IREB FFB.it 20QZ � 3114-W(10.9!) , , _- - ,lR a�o�oz o�4't'°�Pnn 2002-126004 1\ FOW CNaf�Ol�i CTOMlI(W� �1000NAOif/00�190.00 TOt/�{1�60p � ��A �GONe�■ •� �IIIIIIIII�I�I�IIIIIIIII�IIO IIIIIIIII�III� �� 707002p1700040020071 ,ww..awn... t Jary IW�er4 Olnhsr ef Ap�yin�re otl T�dl�n After Recozdin Return to �E��e�°�^ba�AlarWnlJ��lentey�y 4 ao n�nb�r amh��uu.nam ir�r�a�wwraino Stacey Schleeinger "•^"i°'"�'�°�+��n+� a�eerwa wd seunly 1012o SW Tigard Street `0i^ �� f Arty�l Mu.eti Dlneta uu��nrX�nd Twtlop Tlgard OR 97223 __ �r�n.i�cwnyci�w � __ ___ __ Until a change is requeeted tax statements shall be sent to the following addrees � SAME AS ABOVE r/ASHIHGTOH COUNTY � q`AL P�POPEATI' TRIMSffR 7AX (h �/ � /oi `�� DATE � STATUTORY WARRANTY DEED � �u� M (Individual) • � (Above Space Reserved for Recorder s Use) VAnn M Riise y ? coaveye aad warrante to � Stacey Schlesiager C ~ the iollo�viaq deecribed raal property in the State of Oregon aad County of waehington Z � Lrae oP enc�brancee, except ae eyecifically aet forth hereia� C7 W � O A portion of Lot SO aREA�i8IIA6 �IO8T9 ADDITION in the City OL Tiqerd CounEy o! Waehiagton aad 8tate of Oragon d�scribad ao follore to wit� Beginning at a point on ths Weat liae of Tigasd 8treet (County Road 80 67) 150 feet North of tha south lina of aaid Lot 10 �rhen meaourad at right anglea ta the eouth liae of said Lot 10 thence North B9°57 9P�et a diotanco o! 900 feet to a point� theac� Bouth psrall�l vith the Neot liae o! eaid Lot LO a dietaaee of 75 feet to ths true poiat of begsaaiagi theace South 89°57 Saet to a point oa !he 9Peet liae o! Tignrd Street� th�nce southeaaterly along tha Nset line of Tigard 8treet to ita point o! iatere�ction MiCh the (Continued) Tax Account Number(s) R273723 This proparty ie free oE aaoumbranc�o HXCBPT The true consideration for thie eonveyance ie $15B 500 00 TSIH INSTRIIE�2iT MILL NOT ALL097 IISS OP 17i8 PROPSRTY D88CRIHSD IN TSIB IIi9TR0t�DiT IN VIOLA- TSON OF APPLICASLS L11HD II98 LAHS AND R80IILATSOH9 BBFOAH 9IGHSNCi OR ACCBPTIHO THI9 II43T8II- I�NT T88 PBRSON ACQIIIRING P88 TITLB TO T� PAOPBRTY BHOIILD C�CR NITS T� 11FDROPAZATB CITY OR COIINTS[ PLA�TINC DBPARTl�NT TO VBAIPY APDROVSD 08B9 AND TO DSTBAMINB ]1NY LIMITB ON LAiP S9IT6 AGAINST YA�q(ING OR FOR83T DRACPIC88 AB D87IN6D IN ORS 30 930 DATBD thie 1� 1 day of Octobet 2002 �V�-YY� �V-�� Ann M Riiee STAT6 OP OREC30N COUNTY OF Washington)se The r oing inetrvment was acknowledged before me thie /�D day of October 200Z by iise OFFICiAI SEAI NApY JANE MENDpIIf ota Publie r regon , ` NOTARYPU9�C-0REOON My Commtsaion xpires ��a�� COMM19SIONNO 933820 � MY COMMISSION EXPIRES APRIL tB 2004 Order No 378201w , - - --�----- -� r a'OTORY WARRANTY DEED � (CONTINUID) LEDAL DSSCRIPTION (Continued) Order No 37BZOlw South line of eaid LoC 10� theace Neoterly aloag the 8outh line oP eaid Lot 10� to a point due 3outh of the poiat of bsginnings Chence North 75 feet more or leee to Eha tnse point of begiaaiag II�IIIIIIIIIIIIIIIII�I IIIIII 2002-128004 � !` $ w,..�xrr peen r5C � e• li � r GA&Y D_ EBRTGX? •nd VA..ERIL E9RIGfi?�� '� KNOW A_.L MEN 8Y TNFaE PRFSENTa Th.r _ y� �r, haaband ;nd MSla, , � � �� _te�ulleA the jranfor �or f►x�rnn�denl�on her�.rteftar rt�ted tc pranta�pard by _ i� t� t� dDDITkI_M. 811KY L40Di ____ _ -- - - - - herurn!Ifw ta17oJ I� �• �� ths gr�nr,e does b.ereb�Qra� harpa�n xl!nnd xm�y unto rhe aed 4raniee and qre�lcry hern wt�a,wn �rr1 �� ' }� � 1 asn�na fhet cerfmn nal prvperty �nlh the tenrment� heredetements and eppur�ertancr.s t hereunlo �lonq�nl er ap I� �� _ � '� II K�al.i:J Lh}��lA tA!CA.�^r a' Kash 1nq�on _.�Sfat cf OreZwr dexr�.d� INJ++v !�.r t �r z '� Th• SsaL a5 Eeet ot th� lfast 375 !`eet oi Lot 11� GRLSV8I.RC HLIGHT.i i� �- I� ADDI7I011. !n th• City oi Ttqard, Nashinqtow Gonnty, Ozeeon II �� i�, il �� i h� SI ~ ie � �`�� f� � �I � . � � � �, � iM s�u�a�rnawr caa wa oaainww ar�cvoac ana ' r I ro H�ve ind to Nold the seme veto!!u aud�(rai�te.+e ano gtantee a han wasswn nnd a.�.wara/orever � Md smd�r�Mfor heteby covenantr fo and with wid Qrarrtee and arantees l�r�,sLCrLaort ettd esr�Qru that i '4 � jrentor u lsrvlully seued in!e��mp7s o!the abore gronfed pr•r+�ip IM�rom�A�ncvmbraneea �xc� G �' ��RagnlaLioas,ilscludinq levies,liens,ase�ssaaet:�right� ot vay aad eesaa�ents ofl I�the Unitiad Sereraqa 71 eaeytYad, Trust Dead, sneludanq the taros and �� prorisiona thereol,lr��Sld Dec d,�972jia 9ook t�99 pa�e eQ3,vhich Gran�� a�snaes wnd egrae� to p:y, recorde 11 10/72 Book 89 , paae 660 'i �- _ � �untor�vrlJ wnrrent and lorover dele�ni fhe aerd prsm�..ea a�rd everY A�f�d pame!thercol apa�n..t t1e lawfvl cJarms _� �� +d demanda d e�1 persor»whomsoe�e� ercepl thox elatmfn�utder lhe aborc d�bcd ena�mSrancea � > I� Ths tnn �nd aetud consfderation paid for ttu�trsn+(er otated in fema of deTfars i+j :4,25 Q 00 � � � �+�auTslt�7ll!-At?�Tdt'�R�TfieTaY��i-wimsTi of�7j�irduoea oine`r piop�eriy ui v�e�iirri ot pto�u'ua p�i�77 �s i � ;. �1 'IMtiT07r�- � �� CJO) - I _#��s�ovfsedPlidlRn urLeafa whieh re.,.,v�„uan.�rn..r�.o rlxtaapl�u61 .AoeNfvo r r�d S..ORSo* '�� ' 7n ewudv�ng thra drod�nd ahere the ronte:t so requ�re� !he xn8ular ur.lucd th�plvrs/and�Il aranawt�cnJ 4 �� eh�n�es s1ia/1 bp rri+pl�ed lo Ma.l�ths provrmo�b herrcl appfy rqu�Jlp t�cnrFwrahons end to�ndiv�doale � � lnKtlnw Whe[ec! fheerentorltale�narfdf/us�ntrvme�th.s �nd daYel Octobei ly i4 � � J/e rn�ate grtutfot �t hea waxd efs n�Tee to 6e ti8rro and ar�aflr:ed by�fsoff�creeli du p eutlunzrd!h rcfo by �I order ot rfa noa�d ol dlreelors �� u �1� '''� �i ('�=Y Q Bb�'c_'nc�{� � 1 IN.s�.M ay�..e.wx... � x...M�.�....4 YaSe�i��b`tt�h`Y.�� ! i �a � - r �� , F � j � 5 � STATd OF ORECON ) 57A7S OP OR£COX Caaih of_ - )�a f t � � c<�.vr o� )[nitnvmAkL.�� --� _ —,19 —-- - - - - I f�F Qcxohst...3ad_..._ t� T 4 r�•a,•�ry•va..�.a _ ..�a � ` � �� —- - -- -�__.who.LrrN dull n.wR, � ` r..��ry.va••�en..ao�.�.�a _ ^�r�.h,a..�rt..,a�,oe«�.ra en.othar drd�rr tNt f/r farowf u fiy i ('.s=x p EblS�fht tAa_.� ____� --- - - ptid�rtt.nd!ha!fAw Llfar u Ilr � I val�rie Lbri�ht� _ _ ,_,_�___ _ - -- - - - +w.r..�of j _._. ' .� � ._ =�+d K2rioYld/�d tAr/orqalnj uatr� — •oorpvrhun. a'Y.` th�d r .�e rn.t rn....r.rr,�.a ro n»ro.veaa.,�.erue+.n�n rn.osroe�.n...� r ernt fo S. 6 ,_„t�o6�ntrq re�.d d�ed ot f��d oorner�6m�ad ffrf u!d l�urmmu��rv t�rrA�nd�u/�A fn b- � �, Wl ol wd cwpory�w}r yrhartry�a!b bwrd vf dn.cfort ■nd .rJ�d �!Y . .-c� S�iao • �* tlrm KJinro��!�'d wd�mta�cwM fo b If!ro�uenrY�C and d.ed � . '��' � � + ...�.B�lOf�°�' __ __ '��_ _ � (�OF,/F�GAL �C��w....:6_.t..c�....� C�SEdLI t 7 I I �F Kafaiy Pubi.e�lVer on/on�� l�or+r/TebLe rx or�m �. � .. ,�nireeanus�w.a�w��. __. 1F�4 �r.,s�--v-�J�--�.-- �I ,�.;i �._ -- �1 � � �0� Ctry'D SbriqhtCVwlsri� Sbrfght _ ` �B15 8_N 1lltcs.�_ ��,+ � parelandtorsgon'97219_--� �� M �S ' � aw�rw.w.re:re�oa�oa"- Canty d WmhM`�°^ f f _ �` � JUQ1th H. Ha�lltonr�_ T _ _ �,�v� '� ��p�„�+.,r ,ol R.�� II ,.�' I 241iS� Y Xathar�e�-- � � �" ad EI c�.er��d E-0�ficb R.o�ol:oi _sOL. � Yiq�rdtoraqon_ - -�---- v'Y°"°` tarhnd� of .wi�uw wo. I� � � o�MI�R�M�rC Iwo�OO�fY � _ M�won �t�tar.d t�d newdd In b0ok of �ad� -- T' �, }Ir.no.++�.�1..w sow ' s�r�co rs�rLS =rsosw+ca co _ •��*• N° ' ' � I ^180Q 3 x l�t 7►renua 1� � ��r ` �' �� Fortlsae;Ore�cn 97201 W�.,w�rt�A°^a�SE1�D�� "� �� = n r�.�oeeis�ar� — -- , Aemrda�EMet t,,h � �1 -t� � �°�` aa�i��`"r�.�pw....sa.�n.w.,w... � %l�l � � 4 _tCO� t yl�IRtQ�06ritaia � �':* rrl �� + �r7 - c 1( I336ls 8urnsids Bt�� — - - � � � �9�� _ 'J � I poztland,0ieqoa 9i1i2��^�9� P��c�l� ' {� � Mi1M�.�OM��yLT � I� � � L`�Y.iilT�ii¢L��Si+S-i��--=__ "_-'-_-.�, a � s (R�csov �5106} -" - � - 1 � '4 �♦ - "�`,�c°Y'1'�'`�r=-`��'E'S�a��.�:i!�s?-sYt-�_..^ .� _ - F - _ �y - '�.'�£S'1 -r ��L.a..�=�'3�y� "J -` .' _ l,f -1 a VESTING DEED AND EXCEPTI�N C4PIES W312936AT i , ! STATE OF OREGpN 1 a/ umu.c!�b.eQuot.�a.0 t.,i tla�ements�h.0 be,ent County of Wa�hinpton p � I -�� o u�r�.�.da,� _ Nel ls Fazgo Home Mortgage Inc � ��TA�,,�H�,,��^• �01�_ 7320 CW HTJA1ZIKfiR SVIT6 32p ��'�`wS+NF Md `, PCR TI.AND OR 9 72 2 3 the witfyh fqg �� so3-6aa-6�z� � � � � or eald WF�1�RECOIIDBD MAIL 7L7 ��ry'*p' +`"��• �F ..• � �r i�� WELLS FARGp qp1�7g M p R n,A G E I N C �� r ,\7�� )� P O BOX 5137 �� DES MOINBS IA 50306 503-694-6212 ��o�'Ntn►�tdBn Doc 2001063396 l.oan ID OOZ219550� Rect s"82102 112 00 obiz9i�ooi o2 oi o3�„ TAX ACCOUNT IV[1MSER 1S135CC 03000 �5p�a Abo�e 71rt Uee For Reeordlt�DMa� DEED OF TRUST � � , N DEFINITIONS N � Words usod m mult�ple secc�ons of th�s documrnt are defined below and other words are defined in G� Sect�onc 3 11 13 18 20 and 2l Cenau� cules regard�ng tht usage of words used In chis docummt � also prov�ded m Secaon 16 O (A) "�u�4'i��ument"meaiu th�s document which�s dated Jurie 26th, zo01 (�, toge�er w�ch a11 R�ders co this documenc • �W B) ��Bort'Ower"iS BRETT SWOPES and LINDA SWOPES r.� F � E� f�G 3 pr� Er rn Botrower is che trustor uader th�s Secunry Instrvment (C) "Lender"is WELLS FARGp H01� MORTGAGE,iNC Leader�s a CORPORATION arganued and exis[ing under the laws of ^The Srate of california OREOON Smgle Famdy Fanr��INqlFreddro Mse UNIFORM lNSTRUMENT Form 3038 1/01 �-6(OR)�000s� OWo 1 of 1 s Inn4�pr�� \MP MORTGAGE FONMS l8001571 72gt �I��I�IIII��I�� I �I�I�1�1 1 � � , — � Lender s address is P O HOX 513T , DES MOI*JES IA 50306 [.ender is the txneficiary under�h�s Secun�y [ns�rument (D1"Trusta" is Foreat N A Bacci Eaq (E)"Note"means he promissory note s�gned Ay Borrower and daied June 26th 2001 The Note states�hat Borrower o�ves I.ender One Hundred Seventeen Thousand Two Hundred and no/l00 and no/l0o --- --- Aoilars (U S S 117 2 00 00 )plua�nterest Borrower has prom�sod to pay this debt�n rcgular Fenodic Payments and to pay the debt�n full not later�han July ist 2031 (� "Property" mcatis the propeny that �s described bclow under the head�ng "Transfer of R�ghts �n tDe I �P��Y � (G) 'l.oan" means the debt ev�denced by the Note plus mterest any prcpayrtunt charga and late charges due under the 1�'ote and all sums due uoder th�c Security Instrument plus mterest (!� "Ridas" means all Riders to this Secunty Instrument that are executed by Borrower The following R�ders are to De executed by Borrower�check box as appl�cable� ❑Ad�ustable Rate F�der ❑Condommium Rider ❑5tcond Home dt�der ❑Balloon Rider �Plannod Unu Cxvclopmen�Rider� 1-4 Fam�ly Aider ❑VA R�der Biwakly Paymcnt Ridcr ❑Other(s)�sQe+�fyJ (p "Appl�cablt Lew" means all controlling appl►cablc fedaal state and local statuta rtgulat�ons ordinances and adm�nistranve rula and orders (chat have the etfect of law) as well as all appl�cable final non appeatable�udu�al op�mons (n "Commumty Aswcfation Du�s, Fees, and Assessments" means all dues fess assessments and other charges that are imposed on Borrower or the Property by a wndommwm assce�anon homoowners acsoc�at�on or similar organizat�on Q� "Electromc Funds Transfa" means any transfer of funds other than a transachon onginated by check draft or similar paper mstrument which �s �mt�ated through an electromc terminal telephon�c mstrument computer or magneuc tape so az to order inst�uct or authonu a financ�al institutton to debit or cred�t aa account Such term u►cludes but is not l�m,ced to point-of sale transfers automated teller machme transacuuns transfers �nu�ated bv telcphone wire tr�r,sfers and automated cleannghouse transfers (L)"Fscmw ltems" means those uems that are descnbed in Secuan 3 (11� "Mrscdlaneous Proceeds" means any compensauon settlemem award of damages. or praceeds pa�d by any th�rd parry (other than �nsurancc procecds paid under the coverages dexnbod m Sect�on S)[or (�) damage to or destcucuon of the Property (u) condemnat�an or other takmg of all or any part of tbe Properry (w) conveyance �n lieu of condemnauon or (rv}m�srepresentations of or onuss�ons as to the value andlor conduian of the Property (lh "Mortgage Ias�usoce" means uuurance protect�ng L.ender aga�nst the nonpayment of or default on the Loan (0) "Penodlc Payment" means the reguIarly scheduled amount due for(i)principai and mterat under tbe Note plus(n)any amounts under Secuon 3 of th�s Secunry lastrum_nt (� "RESPA" means the Real Es[ate Settlement Procedures Act (]2 U S C Secuon 2601 et seq )and its �mplementu�g regulanon Regulauon X (24 C F R Pa,c 3500) as they might be amended from ume to nme or any add�t�onal or successor legislation or regula��on chat governs the same sub�ect matter As used m th�s Secunty instrument "RFSPA refers to all reqwrements and restncnons that are imposcd in regard Iruns��4� � 810R)ioaos� P,�oe z oi is Form 3038 1101 • � I to a 'federally relued mohgage loan' even J the Loan does not qualdy as a "federally reteted mongage loan'under RESPA (Q) "Succrseor In interesl at 8omower" means any party that has aken tnle�o ihe Property whether or not that pnty has auumed Borrower s obligauons under the Note and/or th�s Secunty Instrumen� TRANSFER OF RIGHTS IN THE PROPERTY 'Ih��Sacunry In�ttumrnt xcures to Lender (�)the rcpayment of the Loan and all rcnewals extenswns�nd mod�ficauons of the Nae and (u) the performance of Borrower s covenants and agraments under th�s Secunty lastrum�mt and the Note For th�s purpose Borrower �rtevocably grann and convcya to Tnnta m trust wnh power ot sale the follow�ng dcscnbed property iocated m the COUNTY of IdASHINGTON (7ype of Reco�dia�JumdKtM+n) (N�me of Raordm{JunsdKUnn) EAST 75 FfiET OF THB WEST 450 FEET OF LOT 11, GRBENBURG HEIOHTS ADDITION IN THB CITY OF TIGARD COUNTY OF WASHINGTON AND STATE OF OR6GON Ztem # 1S135CC 03Q00 whuh currendy has the addtrss of 10135 SW KATAERINE STREET [Sbeet) TIGARD (C,ry] Oregon 97223 (2�p Code) ( Properry Addrtss ) TOGETHER WRH all the improvements now or hereafter erected on the propeny and all easements, appurtenances and fiztures now or her�aher a part of the property All replacements and add�uons shall also be covered by th�s Secunty Instrument All of the foregomg is referred to m this Serunty instrument as the Propeny ' BORROWER COVENANTS that Borrower�s lawfully se�sed of the estate hereby conveyed and has the nght to grant and convey the Property and that the Property u unencumbered ezcxpt for encumbrances of record Borrower warrants aad will defead generally the utle to the Property against all claiau and demands sub�xt to any encumbrances of record THIS SECURITY INSTRUMENT combmes umform covenants for national use az►d non uniform covenants with I�m�tod vanauons by�unsd�cnon to coastuute a umform secunry u�sctument covenng reai property UNIFORM COVENANTS Borrower and L.ender covenant and agree as follows 1 Payment ot Pnnclpal, Interest, Escrow Items� Prepaymeat Charges� end Ixte Charges Borrower shall pay whea due the pnnc�pal of and mterest on the debt ev�denced by the Note and any prepayment charges and late charges due under the Note Borrower shall also pay funds for Fscrow Items pursuant to Settion 3 Payments due under the Note and th�s Secunry ]nstrument shall be made �n U S In uej�� 6(OR?t000si i�0�3 ot t 5 Form 3038 1101 � currcncy However if any check or other�nstrument rcceived by Lrnder as payment under the Nwe or th�: Sccunty Instrument �s rcturn�d to Lender unpald l.ender may requirc that any or all subsequent payments duc under the Note and th�s SaurUy Instrumen� be made m one or rtwre of the followmg forms as selected by L.ender �a) cash (b) money order lc) certificd check bank chak trcasurer s chxk or cash�er s chock prov�dcd any such check �s drawn upon an instnuuon whose deposus are �nsurod by a fedcral agcncy msttumencalny or enuty or id) Electrontc Funds Transfer Payments are deemed rocerved by Lender wl�en recerved ai the locatian dcsi$nated m the Note or at such uther locauon a4 may be des�8na�od by Lender m accordanc:e with the notice pruvisions m Secuan 1 S Lender may rctum any peyment or partial payment if�he payment or partial payments arc msufficient to bnng the Losn currtnt Lender may accept anY PaYmeni ur paroal payment msutficient to bnng the Loan current w�thout warver ot any nghts hercunder or prc�udice to us nghts to refuse such paymen�or pamal payments �n the future but l.ender is not obl�gated to apply such payme�ts ai the t�me such pAyments are accepted if eae.h Penodic Payment �s appl�ed ac of its scheduled due date then Lender ixxd not pay intercst on unappl�od funds L.ender may hold such unappi�ed tunds unt�l BoROwcr mekes payment to bnng the Losn currcnt If Borrower does not do so wuh�n a reasonable pertod of ume L.ender shal! e�ther apply such tunds or rctum them to Borrower 1(not appl�ecf eazlur such funds will be applind to the outstand�ng pnnc�pal balana under the Note immed�ately pnor to foreclosurc No offset or claim wh�ch Bortower might have now or �n the futurs agamst Lender shall rcluve Botrower from making paymenls due under thc Notc and th�s Secunty lnstrument or periormmg the covenants and agrecments sesured by th�s Secunty Instrument 2 Appl�eation of Payments or Proceeds Except as athenv�se destnbed �n th�s Secnoa 2 all payments accepted and appl�od by Lcnder shall be appl�ed m the followmg order of pnonty (a? �n[ccest due under the Note (b) pnnc�pal due under the Note (c) amounts due under SecnQn 3 Such payments shall be applied to each Penod�c Payment �n the order in which U became due Any remaming arnounts shall be applied first to late charges second [o any o�her amoun�s due under[his Security Instrument and then to rcdua the pnnc�pal balance of the Nocc If L.ender rece+ves a payrtune from Borrower for a del�nquent Penodu Pa�ment wh�ch mcludes a sufficient amoune co pay any late charge due the payment may be applud to the drl�nquent payment and the late charge If more than one Penodic Payment is outstandmg l.ender may apply any payment rece�ved from Borrower to the repayment of the Period�c Payments d and to the extent that each payment can be pud m full To the euent that any eacas ez�sts after the payment is applied to the full payment of one or more Penod�c Payments such excess may be apPl�ed ea anY �ate charges due Voluntary prepayments shall be applied first to any pnepayment cl►arges and then as descnbed�n the Note Any appl�cat►on of payments msurance proceeds or Miscellaneous Proceeds to pnnc�pal due under the Note shall not extend or postpone the due datc or change the amount of the Penod�c Payments 3 Fundc [or Escrow Itans Borrower shall pay to L.ender oa the day Penodu Payments are due under the Note uanl the Note�s pud m full a sum (the Fund�')to prov�de for payment of amounts due for (a)ta�ces and assessments and other�tems which can atta�n pnonty over th�s Secunty Instrument a�a l�en or encumbrance on the Properry (b) leasehold payments or ground rents on the Properry �f any (c) preauums for any and all �aSUrance requ�red by Lender under Secnon 5 and (d) Mortgage Insuranee prem�uau if any or any sums payable by Borrower to L.ender in I�eu of the payment of Mottgage Insurance premiums �n accordance w�th the prov�s�ons of Secaon l0 These �tems are called Escrow Items " At ong�nauon or at any ume dunng the term of the Loan i.cnder may requ�re tdat Cotnmua►ty Associacion Dues Fees and Assessments d any be escrowed by Borrower and such dnes fees and assessments shall be an Escmw ltem Borrower shall promptly fumish to Ixnder all not�ces of amaunts to � be pa�d under thts Section Botrower s'�all pay L.ender the Funds for Escrow Items unless [.ender wa�ves Botrower s obligatton to pay the Funds for any or all Escrow Items L.ender may wuve Borrower s obl�gation to pay to L.ender Fuads for any or all Escrow Items at any ume My such wa�ver may only be in�r,�y�..+�° �-610R!�00051 i�pa a oi�5 Form 3038 1101 • m wntmg In ihe event of such waivcr Borrower shall pay d�rcctly when and where payable the amuunt� due for any Escrow I�ems fot whi�h payrtxnt of Funds hat bcen w�ved by Lender and d lrnder rcquues shali fumish to Lender race�pts ev�dencmg suct� pavment wuhm such ume penod as L,ender may requirr Borrower s obligat�on to maJce such payments and to provide rccapts shall tor all purposes be damod to be a coveeant and agreement wntamed in th�s Securny Instrument as thc phrase covenant and agreement ts used in Secuon 9 ff Borrower is obl�g�ted ta pay Escrow Ite�ns d�rectly putsuant to a warver and 8on�ower fails to pay the amount due for an Escrow Itcm Lender may eaercise �ts nghts undcr Sation 9 and pay such amount and Borrower shall then }+e obl�gated under Secuon 9 to rcpay to L,ender any such �moum L.endcr may rcvoke the warver as to any er all Esccow Items at any c�me by a nona grven in sccordance wuh Section IS and upon such rcvocation Borrower shall pay to Lender all Funds and �n su�h amounis �hac rrc then rcquircd unde�this Sectean 3 Lender may a� any hme collec�and hold Funds m an amount(a)suffic�ent to pemut Lender to apply the Furtds at the ume specifi�d under RESPA and (b) not to exceod the maaimum amount a Irnder can cequur under RESPA Lender shal! esnmatc thc amount of Funds due an the basis of curnnt d�ta and rcaconable esnmata of expenduures of futurc Escrow items or otherw�se in a�:cordance wnh Applicable Law The Funds shall br held in an ms��tuuon whose deposns arc rosurcd by a federa� agency �nstrumentai�ty or entuy(�r.cludmg L,ender �f Lender is an�nshwnon who<e depos�ts are so msured)or m any Fedenl Home Loan 8ank L.ender shall apply the Funds to pay the Escrow Items no later than the nme epecdied under RESPA Ltnder shall not cAarge Borrower for holdmg and apply�ng the Funds annually analyz�ng the escmw account or venfymg the Escrow Items unless L.ender pays Borrowsr intercst on the Funds and Appl�cable L,aw permus Lender to make such a charge Unless an agreement �s made m wntmg or Applicable Law rcqwres�ntersst to tx pa�d on the Funds L.ender shall not be reqwrod to pay Borrowet any �nterest or earnmgs on the Funds Borrower and Lender can agrce in wnt►ng however that mterest shall be pa�d on the Funds Lender shall grve to Borrower wichow charge an annual account�ng oi the Funds as rcqu�rcd by RESPA if there is a surplus of Funds held �n escrow as defined under RESPA Lender shall account to Borrower[or the eacess funds in accordance wi�h RESPA ff there�s a shortage of Funds held m escrow as defined under RESPA Lender shall nonfy Borrower as required by RESPA, and Borrower s6a11 pay to L.ender the amount necessary to malce up the shortage m accordance with RESPA buc in no more than 12 monthly payments If there�s a defic�ency of Funds held m escrow as defined under RESPA L,ender shall nonfy Borrower as requ�red by RESPA and Borrower shall par to Lender the amount necessary to make up the defic�ency m accordance w�th RESPA bui m no more than 12 monthly payments Upon payment m ful! of all sums secured by this Security Instrument I,ender shall promptly refund to Borrower any Funds held by Lender 4 C6erges, Lieas Butmwer shall pav all [axes assessments charges fines and impos�nons attnbutablt to the Properry which can atta�n pnonry over u►�s Secunry Instrumen. leasehold payments or ground rents on the Property if any and Community Associauon Dues Fees and Assessments �f any To the exteat that these�tems are Escrow ltems, Borrower shall pay them m the manner provided�n Secnon 3 Borrower shall prompdy d�scharge any lien which hac pnonry over th�s Secunry Instcument unless Borrower (a)agrets m wnting to the payment of the obliganon secured by the lien m a manner acceptable to Lendcr but only so long as Borrower�s perform�ng such agreement (b)contests the I�en m good fa�th by or defends aga�nst enforcemeat of the l�en in legal proceed►ngs which in Lender s opm�on operate to prevent the enforcement of the f�en while those proceedmgs are pending but only until such proceedings are concluded or(c)secures fmm the holder of the l�en an agrcement sausfaccory to Lender subordmatmg the lien �o chis Secunty lnswment lf Lender determmes that any pan of the Property �s sub�ect to a l�en wh�ch can attun pnonry over this Secunry Instrument L.ender may grve Borrower a not�ce ident�tymg the �� 6(ORI t000s� v.pa s or i s Fam 3038 1/01 � ■ i�en Wuh�n 10 days of the date on which tha�notia�s grven Borrower shall sati�iy the licn or take one or morc of the an�ons set(orth abovc�n th�s Sa�ion d ' Lender may rcqa�re Bormwer to pay a one ��me charge for a real csiate tau venGcat�on and/or teportmg scmce uxd by Lender m connanon with this Loan S Rvpertv tr►carancr Borrower shall kap the �mpro�ements now ex�sung or hereafter erccted on the Property msured aga�nst loss Ay firc hazards included wuhm lhe term 'extended coverage a�td eny other huards mcludmg bu� no� limued �o carthqt�akes and flcx�ds for which l.ender rcqu�res insurance This msu�ance shall be maimamed m the amounts (includmg deducnble leveis) and for the penods that lender rcqwrcs What Ixnder rcqmrcs pursuant to the precedmg sentenas can change dunng the tertn of the Loan Thc rosurance camer providmg the insurance shall be chosen by Borrower subJx� to t.ender s ngh� to d►upprvve Horrower s cho�ce which nght shall not bc exerc�sal unreasonably Lender may requue Bomower ta pay m connect�on with th�t L.c�an euher (a) a one time charge for flood zone dctermmat�on cert�fication and �rack�ng services or (b) a one time charge tor flood zone determ�nauon end certdicauon serv�ces and su�sequent charges cxh ume remappings or similar changa occur wh�ch rcu�onably migh� affect such determina�ion or cenification Bortower shall also be rcspons�blc for tt�e paymrnt of any fees �mposed by the Federal Ertsergency M�nagemeat Agrncy m connecuun w�th �he rcv�ew o(any flood zone determ�nat�on resulung from an ob�ect�on by Borrower If Horrower fa�ls to mamtain any of the covcrages descr�bed above Lender may obtam msurance covenge at Lender s opaon and Borrower s eapense Lender �s under no obl�ganon to pu�chase any part�cular rype or amount of coverage Thercforc such coverage shall cover Lender but m�ght or irught not protect Borrower Borrower s equuy in thc Pm�xrty or the coatents of the Property against any nsk hazard or liab�l�ty and m�ght pmvide grcater or lesser coverage than was prev�ously m effxt Borrower acknowledga that th� cost of the insurance coverage so obta�nod might s�gnificantly excecd the cost o( insurance tha� Borrower could have obta�ned Any amounts d�sbursed bv Lender under t5�s 5ecuon 5 shall become addu�onal debt of Borrower securcd by this Secu�ity Instrument These amounts shall bear�ntercst at thc Note rate from the date of disburxment and shall be pavable wuh such mterest upon notice from I.ender to Borrower rcquesnng payment All msurance pol�c�es requ�red by L.ender and renewals of such policies shall be sub�ect to Lender s nght to disappmve such polic�es shall include a standard mortgage clause and sh�ll name Lender aS mortgagce and/or as an add�t�onal loss payee Lender shall have the nght to hold the pol�cies and renewal cert�ficata If l,ender requ�res Borrower shall promptly grve to Lender all receipts of patd premtums and renewal noaces If Borrower obta�ns any form of insurance coverage not otherwise reqmred by Lender for damage to or destrucnon of the Property such pol�cy shall mclude a standar� mongage clause and shall name l.ender as mortgagee and/or as an addit�onal loss payee in the event of loss Borrowcr shall give prompt nonce �o �he�nsurance camer and L.ender l.ender may ma,ce proof of loss if not made promptly by Borrower Unless Ixnder and Borrower otherwise agree �n wn[�ng any �nsurancc proceeds whether or no[the underlytng insuranct was reyu�red by Lender shall be appl�od to rescoration or repa�r of the Property if the restotation or repatr�s economtcally feasible and Lender s secunty is not lesuaed Dunng such repair and restoration penod Lender shall have the nght to hold such iasurance proceeds unnl Ixnder hac had an opportumty to inspec[ cuch Propeny to ensure ihe work has bcen complete� to l.ender s sat�sfacnan provided that such �nspect�oa shall be undertaken promptly Lender may disburse proceeds for the repa�rs and restoranon m a s�agle payment or�n a senes of progress payments as the work�s completed Unless an agreement�s made�n wnting or Applicable Law requues mterest to be pa�d on such msurance proceeds [,ender shal! not be requ�red to pay Bonower any interest or earnmgs on such proceeds Fees for public ad�usters or other th�rd pames retamed by Borrower shall not be pa�d out of the msurance proceeds and shali be the sole obliganon of Borrower 1F [he restorat�on or^epa�r �s not economically feasible or L.ender s oecunty would be lessene� the msurance pracoeds shall be apphed to the sums securod by [h�s Secunty lnstrument whether or not then due w�th �nmd�� (OR!�000s� P�q 6 0l 15 Form 3038 1/01 � the excess �[my pa�d to Borrowcr Such msuranct procesds shall Ix applied�n the ordcr prowded for m Sat�on 2 If Bomower abandons the Property Lender may file n.gotfate and settle any ava�lable maurance claim and �ela�ed matters lf Bormwer does no� respond wuhm 30 days to a nohce from L.ender that the msunna carner has offercd to uttle a clvm thcn Lcmder may negot�att and settle�he claim The 30-d�y penod wdl begin when he rmuce is grvcn In erther even� or �f l.ender acqu�res the Propeny under Secnon 22 or otherx�se Bormwer hereby azsigns to L.ender (a) Borrower s nghts to any i�suranoe procceds m an amount not �o exceed the amounts unpa�d under the Nute or this Secunty Instrumeni and (b) any other of Borrower s nghts (othcr than �he nght to any refund of unearned prem�ums pa�d by Borrower) under all msurance policies covcnng thc Propeny msofu as such nghts are appl�cable to the coverage o(the Prnpeny Lender rttay use the msurance procads either to rcpair or rcstore the Property or to pay amounts unpaid under the Note or ih�s Securny Instrurtxnt whether or not then due 6 Occupancy Borrow�r shail occupy estabhsh and use the Property aa Borrower s pnnc�pal rcsidence w�thm 60 days aRer the execuuan of th�s Secur��y Instrument and shall cont�nue �o occupy the Property zs Sorrower s pnnc�pal residence for at leas� one year after�he date of occupancy unless Lender otAerwise agrees m wnung wh�ch consent shall nnt be unreasonably wtthheld or unlax extenuatmg arcumstances exist whuh arc beyond Borrnwer s control 7 Preservation, Mpinteaance aod Protection of the Propaty Inspectdo� Borrower shall not dutroy damagc or tmpa�r the Praperty allow thc Property to detenorate or commn waste on the Propeny Whether or not Sorrower is ra�dmg m the Property Borrower shall rtwntam the Properry �n order to prcvent the Property fmm detcTioranng or decreasmg �n value due tu �ts conduion Unless it is determmed pursuant �o Sect�on 5 that repair or res�orauon �s no� economically [eas�ble Barrower shall promptly rcpair the Propeny �f damaged to avoid funher deterioration or damage If tnsurance or condemnanon proceeds are pa�d �n connecnon w�th damage to or the [akmg of the Property Borrowar shall be rrsponsible for repa�nng or rostonng the Property only tf L,ender hu rcteased proceeds for such purposes Lender may disbune procecds for tbe�epa�rs and rcstorauon in a smgle payment or in a senes o[ progress payments as the work is completed if the insurance or condemnanon proceeds are not suffic�ent to repaa or restorc the Property Aorrower�s not relieved of Borrower s obl�gaaon for the complenon of such repair or restorauon Lender or us agent may make reasonable entnes upon and mspections of the Property !f �t haz reasonable cause L.ender may inspect �he mtenor uf the improvements on the Property Lender shall grve Borrower notue a�the ume of or pnor to such an�ntenor inspection spec�fymg such reaconable cause 8 Borrower's Loan Appl�cation Borrower shall be m defxult �f dunng the Loan appl�cac�on process Borrower or any persons or enat�a actmg at the direcuon of Borrower or w�th Borrower s knowledge or consent gave matenally false m�sieadmg or maccurate mformation or statements to Lender (or fa�lod to prov�de L.ender w�th matenal informauon) in connecnon wuh the Loan Matenal representauons �nclude but are noc limued to represencanons concerning Borrower s occupancy of the Property ac Borrower s princ�pa!rcsidence 9 Protection of Lender's Interesi in the Properiy aad I�ghts Under th�s Secunty Instniment [f (a)Borrower fa�ls to perform the covenants and agreements contazaed m this Secunty Instrument (b)there is a legal proceed�ng that m�ght sign�ficantly affect Lender s �nterest m .he Property andlor nghts under th�s Savnty instrument (such as a proceeding m bankruptcy probate for condemnat�on or forfeiture For enfor�ement of a lien which may atta�n pnonry over th�s Secunry Instrument or to enforce laws or regulanons) or (c) Borrower has abandoned rhe Properry then Lender may do and pay for whatever �s reasonable or appropnate to protect Lender s mterest m thc Property and rights under th�s Secunry lnstrument including protxtmg and/or assess�ng the value of the Property and secunng and/or repunag the Property Leader s act�ons can include but are not l�nutcd to (a)paying any sums s�ured by a lien whuh has pnonty over th�s Secunry Instrument (b) appeanng m court and (c) paying reasonable uncu� �-610R1 i000si P�qe 7 of�S fortn 3038 1/01 � � ��torneys fees to protect its mterest m the Propeny and/or nghts undcr this Secun�y Tnstrumcnt including its securcd posmon in a bankruptcy procecding Securing tho Property mcludes but is not I�mned to entenng the Property to make rcpa�rs chanRc icxks replace or board up doors and windows drain water from pipes eliminate bu�ldmg or o�her a�de v�olations or dangaouc conduions and have uuluies turned on or off Allhuugh Lender may takc action under this Section 9 Lendcr Joes not have to do so and is aot under any duty or obl�gat�on io do sc� it is aRr+crd that Lender�ncur� no I�abiluy for noi tak►ng any or a!1 acuons autAunud under th�s Section 9 Any amounts d�sbursed by Lender under this Scct�on 9 shall txcomc adduional debt of Borrower securecl by this Secuniy insirument Thete amounts shall bear �nterest at the Note rate fram the date of disburs�meal and shall be payable wie1� such iniercst upon notice from l.ender to Borrower rcqus�ng payment If�h�s Secunty Instrument is on a leazehold Borrower shall comply wnh ali the pmv�sions of:he leate if Bortower xqu�res fee utle to the Propeny the leasehold and the fec titie shall not merge ��nless L.ender agrees to the merger�n wn�mg 10 Moe�age lnsuranee lf Lender rcquircd Mortgage Insurance u a cond�tion of mak�ng thc Loan Borrower shal) pay ehe prcmiums rcqwred�o mainta�n�he Mongage Tnsvrance in effect If for any reason I the Martgage lnsuranc:coverage requucd bv Lender ceases to be ava�labl� from the mong�ge msur_r tha� prcv�ously prov�ded such msurance and Bortower wac rcqwrcd �o make separately designatod payments toward the prermums for Mongage lnsurance Sorrower shall pay the premwms rcqumed to obtam coverage substant�ally equivalent to the Mortgage Insurance prcviously �n effect a� a cost substanually equrvalcnt to the cost tu Borrower of the Mortgage lnsurance prcv�ously m effect fiom an alternate morcgage msuror selectod by Lender If subscannally equrvalrnt Mortgage Insurance coverage �s not available Borrower shall contmue to pay to I.ender the amouat of the separately designated paymems that were due when the �nsurance coverage ceased to be m effect I.ender will accept use and retain these payments as a non refundable loss reserve m lieu of Mongage lnsurance Such loss rcscrve shall be non rcfundable notw�thstanding the fact that the Loan �t ulumatelv pa�d m full and L.endcr shall noi be rcqu�red to pay Bomowcr any mteres�or carnmgs on such loss reserve Lender can no longer rcqu�rc loss reserve payments �f Mongage Insu�ance coverage (m the amount and for che penod �hat Lender rcquircs) prov�ded by an insunr selccted by Lender again becomes ava�lable is obta�nod and Lender requires separatcly des�gnated payments toward the prem�ums for Mortgage Insurance If Lender requirod Mortgage Inaurance a� a cond�tion of maJ.mg the Loan and Berrower was requ�red to make scparately designated paymen[s coward the prem�ums for Mongage Insurance Borruwer shall pay the prem�ums reqwred to ma�nta�n Mongage Insurance m effect or to prov�de a �►on rcfundable loss reserve until Leader s requiremene for Mortgage lnsurance ends in accordance with any wntten agreement between Borrower and L.ender prov�ding for such term�nauon or unnl iermmauon�s requ�red by Applicabl� Law IVothmg in th�s Sect�on 10 affects Borrower s obl�ganon to pay�ncerest at the rate prov�ded in the Note Mortgagc Ir,surance ramburses Lender (or any entuy that purehases the Note) for certam losses it may mcur �f Borrower dces not repay the Loan as agreed Borrower �s not a party to the Mortgage lnsurance Mortgage msurers evaluate the�r tota] nsk on all such�nsurance m force from time to ame and may enrer mto agrcements with other partus that share or modify their nsk or reduce losses 7'hese agrcements are on terra5 and conduions that are sansfac�ory to the mortgage msurer and the ocher party (or part�es)to these agrcements These agreements may requirc the mongage msurer to make payments usmg any source of funds that the mortgage�nsurer mav have ava�lable (wh�ch may include funds obta�ned from Mortgage Insurance premiucns) As a result of these agreements lxnder any purchacer of the Noce anocher msurer any ransurer aay o[her rnury or any affiliate of any of the forogomg may rece�ve(directly or�ndirecdy)amounts that denve from (or might be charactenud as) a pomon of Borrowa s payments for Mortgage Insurance m exchange for shanng or modifying the mortgage insurer s nsk or reducing losses If such agrcement prov�des that an affii�ate of Lender takes a share of the msurer s r�sk in exchange for a share of the preauums pa�d to the�nsurer the arrangement�s often termed captrve remsurance ' Funher (a) My such agreements w�ll not aRect the amounts thet Borrower 6es agreed to psy [or Mortgage Iasarance, or any ot6er terms of the Loan Such agreements will not increase the amount Borrower w�U owe tor Mortgage Iasurance,and tdcy wdl not ent�tle Bornower to any refund wuu�T c�b �-8(ORl�0005� Pep�B ol 1 S form 3038 1101 � (b) Any sucb o�ereements wlll not aRect the rights Bo�rower ha� If any with rccpect to Ihe MortRaRe It�wraoce under the Homeowners Protatlon Ad of 1998 ur rny other law Th�se rlghts may {nclude lhe Nght to rcceive certein dLsclasures. to reqaest and obtain cancdlstlon of the 111ortgo�e Insurance, to have Ihe MoNRage Insurnnce lerminatM Qufomaticolly. and/or ta nreive a refund of anv Mortga�e lnsurence prem�ums that were unearned ot the time of cuch caocellation or tetmination 11 Asslgnmen! of Miscellaneouc Prc�ceeds, horfefture All Miccellancous Proceeds arc hercAv �ss�gned co and shall Ix paid to Lcnder If thc Property is damageJ such M�scellaneous Procecds shall be appl�ed to restora�ion or rcpau of the Property if the rcstoranon or repa�r is economtcally feasible and Lender s secunty �s not les�cnod Dunng such repa�r and res�orauon penod [xndcr shall have the nght to hold cuch Miscellancous Procoeds unnl Lender ha� had an opportunity to �nspect such Propeny to ensure the work has becn comple�ed to L.ender s sausfact�on prov�ded tha[ such mspecuoo shall be undcnakcn promptly L,ender r�ay pay for the rcpa�rs and ratorat�on m a s�ngle d�sbursemenc or ia a senes of progress payments as the work �s complc�ed Unlas an agreement �s made m wnnng or Appltcable Law reyuires mtenst to be paid on such Miscellaneous Proceeds L.ender shall not be requ►red ►o pay Bortower any mteresi or earnmgs on such Miscellaneous Proceeds lf�he restorat�on or repa►r is not econom�cally feasiblc or lrnder s secunty would be lessened the M�scellancous Proceeds shall be apphed to the sums secured by this Secunty Instruttknt whether or na then due wuh the exccss �f any pa�d �o Borrower Such M�scellanmus Proceeds s1►al� be appl�ed m the erder prov�ded for m Secnon Z In the event o( a total �aking destrucnon or loss m value of the Property �he M�scellaneous Proceeds shall bc appl�ed to the sums secured bv this Security Insirumcnt whether o�not Ihen due w�th the excas �f any pa�d to Borrower [n the event of a pazaal takmg destrucuon or loss m value of the Propeny m which the fair marka value of the Property imrned�ately before the partial �ak�ng destrucnon or loss in value �s equal to or grcater than the amount of the sums secured by this Secunty lnstrument �mmed�ately before thc partial taking destruct�on or loss m value unless Borrowcr and [rnder otherw�se agra m wntmg �}te sumc secured by this Secsnty ]nstrument shall be reduced by the amount of the Miscellaneous Proceeds multipl�ed by the followmg fracnon (a) the total amount of the sums secured immed�ately before the part�al taking desiruct�on or loss m value d�vidcd by (b) the fa�r market value of the Property immed�a�ely before the part�al tak�ng destrucuon or loss�n value Any balance shall be pa�d tu 8ormwer In the event of a partial cakmg destrucuon or loss in value of the Property in which the fa�r market value of the Property immed�ately belore ehe partsal takmg destcuct�on or loss m value is less than the amount of the sums secured �mmediately before the parttal takmg destrucuon or loss in value unless Borrower and Lender otherw�se agree m wntmg the M�scellaneoas Proceeds shail be applied to the sums secured by th�s Secunty lnstrument whether or noe the sums are then due If tlie Property is abandoned by Bocrower or if after notice by Lender to Borrower that thc Oppos�ng Party (as defined in the nezt sen[ence) offers �o make an award to settle a cla�m for damages Borrower fails co respond to lxnder w�chm 30 days after the date the not�ce �s given Ixnder is authonzed to collect and apply thc M�scellaneous Proceeds euher to restorauon or repa�r of the Properry or to the sums secured by thu Secunry Instrument whether or not then due Oppos�ng Pazry means the th�rd party that owes Borrower M�scellaneous Proceeds or the party agauntt whom Bortower has a nght of acuon ia regard to Miscellaneous Proceeds Borrower shall be m default if any acuon or proceedmg whether crv�l or cnnunal s begun that m Lender s�udgment could result m ferfeiture of the Properry or other matenal �mpa�rment of Lender s mterest �n the Property or nghts under this Secunry Ins�rument Borrower can cure such a default and if accelerauon has occurred reinstate as prov�ded in Se�uon 1� by causmg the acuon or procceding to be d�smissed w�th a rul�ng that m Lcnder s�udgment precludes forfenure of the Propeny or ather matenal � impa�rment of Lender s mterest in the Property or nghts under th�s Secunry Instrument The proceeds of � any award or clum for damages that aze aztnbutable to the ►mpa�rment of Lender s mterest in the Propeny i are hereby ass�gnai and shall be pa�d to Lender I All M�sceltaneous Proceeds that are not applied to res[oration or repa�r of the Propercy shall be appl�ed�n the order prov�ded for m Secnon 2 12 Borrower Not Released, Forbearance Bv Lender Not a Waiver Extcnsion of the ume for payment or mod�ficauon of amort�zanon of the sums secured by this Secunty instrument granted by L.endcr i�.�w�!�-�,'" �m 610R)c000si Paqe 9 01�5 Form 3038 1101 � to Bor�owor or any Successa�m Interest o(Borrower shall not opera�e to releast thc liability of 8orrower or any Successors m Intercst of Elorrowcr Lendcr shali not be rcqwred to commence proc-edings agamst ' any Successor m interest of Borrow�r or to refusc ro extend ume for payment or o�herw�sc mod�fy amonvauo�of�he sums securcd by this Secun�y lnstrumcnt by rcason uf any demand madc by the onsinal Borrower or any Successors m (ntcrest of Borrowcr Any forbcarance by Lender m excrcising any right or rcmedy �ncludmg w�shout limitanon Lender s acccptance of paymcnis from third persons cntu�es or Suc�essors in Interest of Borrower or�n amounts I��ss than the amouni then due shall not be a wa�ver of ar preciude the excrcise of any right or remedy 13 Joint and Several Uabllity, Cu-siRners Succcs.wrs aad Assigns Sound Borrowcr covenants �nd agrees�hat Bc�rrower s obligauons and I�ahil�ty ch�ll be�omt and sc�eral Nowevcr any Borrower who co s�gns �his Security Instrument bw docs noi exccu�c the Note (a co sign�r ) (a) is ca sigmng th�s Secunty Instrument onlr �o mongage gran� and convey thc co-s�gner s mttcest in thc Property under the terms of th�s Sccunty Instrument (b) i�not personallv obligaled to pay the sums securcd by this Secunty Instrumem and (c) agrces that Lender and any othcr BoROwer can agree to ex�cnd mod�fy forbeer or make any accommodat�ons wuh rcgard to ihe tcrrns of this Sccunty Instrument or the Note wuhout thc co signer s consent Sub�ect to the prov�sions of Sccuon 18 any Succcssor m interest of Borrower who assuma Borrower s obliganons under th�s 5ecunty Instrument in wnting and is approved by Lender chall abta�n all of Bortower s nghts and benefits under th�s Secunty Instrumeni Borrower shall not be rcleaced from Bormwer s obl�gat�ons and Itabtlity u�der�his Secur�ty lnstrument unlus Lender agras to such rcleace m wntmg 77u wvenants and agrcements of this Secuniy Instrument shall bmd (except as pmv�ded m Secuon 201 and benefit!he successors and ass�gns of L.ender IA Loan Cborges Lender may charge Borrawer fees for serv�ces perFormed ro connecnan with Borrouer s defaul� for the purpose of protatmg Lcnder s interest in the Propeny and nghts under th�s Secunry Inswment mcludmg but not I�m�ied co attameys fees property mspecuon and valuauon fea In regazd to any other fees the absence of eapress au�horuy m th�s Secunty Instrument to charge a sptc�fic fee to Borrower shall not be construed as a prohibuion on ihe chazgmg of such fa Lenaer may not cAazge fees that are exprcssly proh�bued by th�s Securuy (nstrument or by Appl�cable L,aw If the Loan is sub�ect to a law whuh sets maximum loan charges and that law is finaJly mterpreted so thac the mterest or other loan charges collected or to be collected m connecnon with the Loan excad che perrniued limus then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limu and(b)any sums already collected from Borrower wh�ch eacceded pernutted limns w�ll be refunded to Bortower Lender may choose to make th�s refund by reduc�ng the pnnc�pal owed under the Note or by mak�ng a d�rect payment io Borrower If a refund reduces pnnc�pal the reduct�on wdl be treated as a partial prepayment wuhouc any prepayment charge (whether or not a prepaymen[ charge �s prov�ded for under the No�e) Borrower s acceptance af any such refund made bv d�rect payment to Borrower wiil consutute a warver of any nght of act�on Borrower might Aavc ans►ng out of such overcharge 15 lYoLces All nonces given by Borrower or Lender in connecuon wuh this Secunty Instrument mast be in wntmg My nohce to Borrower in connecnon with this Secunty lnstrument shall be deemed co have been grven to Bo-rower when mailed by first class mail or when actually delrvered to Borrower s not�ce address �f sent by other means Nouce to any one Borrower shall conscitute not�ce to all Borrowers unless Applicable [,aw expressly requires otherw�se The nonce address shall be the Property Address unless Borrower hac designated a subsntute nonce address by nonce to I.ender Borrower shall promptly noafy Lender of Borrower s change of address [f Lender specifies a procodure for reportmg Borrower s change of address then Borrowcr shall oNy report a change of addc�ess [hrough that spec�fied pr000durc There may be only one designated noua address under this Secunry Instrument at any one nme Aay notice to Lender shall be grven by delivenng �t or by mailmg u by first class mail te L.ender s address statod herein unless Lxnder has des�gnated another addrcss by nouce to Borrower Any not�ce m com�ect�on wuh th�s Secunry Instrumenc shall not be deemed to have been given to Lender unul actually received by Lender lf any nouce requ�red by this Secunty Instrument �s also required under Applicabie Iaw the Appl�cable Law requiremeut w�il sansry the correspondmg requirement under th�s Secunty lastrument �n u.hl�i�� BIOR��000R� Pape�o a�� FOrT 303$ 1�01 ' l � l6 Governing Law, Severobflity, Rules of Cot�truct(on Th�s Sccunty Instrument shail be governed by federa! law and the law of thc�urisdicuon m which the Property is loca�ed Ali nghts and obligauons contained in tAis Secur�tv Instrumcnt are sub�ert to any requircmcnts and limuaaons of Appluable law Applicable Law might eapliculy or tmpluitiy allow the part�cc to agrec by contract or u i m�ght be silent bui such silence shall not bc construcd as a proh�buion against agrameni by contract !n I the eveat that any pmv�sion or clause of th�s Sccunty Instrument or the Note conQicts wi�h Appl�cable � L,aw such confl�ct shall not affect o�Aer provis�ons of th�s Sscunty Instrumen� or the Nae wh�ch �an be grvcn effcct wuhout thc cont]icanR prowsion As used m th�s Secunty Instrument (a) words of the masculme gender shall rnean and �nclude corrcspondmg ne�ter words or words of lhc (eminine gender (b) words �n the singular shall mean u�d I include the plural and v�ce versa and (c)the word may" grves sole discret�on wuhaut any obligauon to Iaka any acuon I 17 8orrower's Copy Borrower shall be grven one copy of the Note and of ih�s Secunty lnstrumen� 18 Trnnsfer of the Property or v Beneficial Interest in Borrower As used m this Scction i8 'Intercst m che Propeny means any Icgal or bcneficial mterest m the Property mcludmg but not l�mited to those benrfic�al mtercsts�ransfernd in a bond for deed contract for dced mstallment sala contract or acrow agreertxnt the mte-t of wh�ch�s thc transfer uf��tle by Borrower at a fu�ure date to a put�h�ser If all or any part of the Propeny or any Interest m thc Propertv is sold or trancferned(or if Bo�rower �s not a natural person and a beneficial �nterest ro Borrower�s sold or transferred) wuhout Lender s pnor wruten consrnt l.ender may nqu�re immediate payment in full of ali su�ru secured by thss Scrunty lnsvument Howevcr this opuon shall not be exerc�sed by L,ender �f such eaercise �s prohib�ted by Appl�cable Law If L.ender exercises th�s opnon Lender shall grve Borrower nouce of aaeleranon The notice shali pruvide a penod of not less than 30 davs from the date the nouce �s grvcn m accordance wuh Secuon 1S wuhm which Borrower must pay all sums securcd by th�s Secunty Instivment If Bo�rower fails to pay �hese sums prior to the exp�rat�on of th�s penod L.ender may invoke any remedies permu�ed by [h�s Setunty Insirumcnt w�thout further nonce or demand on Borrower !9 Bornower's R�ght to Re�nstste ARer Accelerat�on lf Bortower meets cena�n rnnd�t�ons Barrower shall have the nght to have enforcement of th�s Secunty Instrumen[ d�scont�nued at any umc pnor to the earliat of (a) five days beforc sale of the Property pursuant to any power of sale contamed in th�s Secuntv [nstrument (b) such other penod as Appl�cable Law mtght spxtfy for the tetmmat�on of Borrower s nght to remstate or (c) entry of a �udgment enforcing th�s Secur�ty Instrument Those cond�nons are that Borrower (a) pays L.ender all sums whuh then would be due under this Secunty instrument and the No[e��f no acceleranon had occurred (b)cures any defaul[of any other covenan[s or agreements (c)pays all expenses mcurred m enforcmg th�s Secunty Instrument includ�ng but na[limited co reaconabie attomeys fers property mspect�on and valuat�on fees and other fees mcurred for ehe purpose of protxt�ng L.ender s �nterest m the Properry and nghts under th�s Secunry Instrument and (d) cakes such act�on as Lxrtder may reasonably requ�re to assure that Lender s in�erest m the Property and nghts under[h�s Secunry Instrument and Borrower s obliganon to pay the sums secured by th�s Secunty Instrument shall conanue unchanged L.ender may requ�re that Borrower pay such remstatement sums and expenses m one or more of the follow�ng forrtu as selected by Lender (a) cash (b) money order (c) cert�fiod check bank check treaturer s check or cash�er s check provided any such check is drawn upon an �nsntut�on whose deposits are msured by a federal agency instrumentaliry or ent�ry or(d) Electromc Funds'fransfer Upon remstatement by Borrower th�s Secunty Instrument and obligations secured hereby shall remam fully effectne as �f no acceleration had occuned However th�s nght to remstate shall not apply in the case of accelerauon under Secnon l8 20 S�le o[Note, Cfwnge ot Loan Serv�cer,Notue of Gnevance The Note or a partial mterest�n the Note (togecher w�t6 th�s Secunty Instrument) can be sotd one or more nmes w�thout pnor not�ce to Borrower A sale r�ught resuL in a change �n the enury (known a� the C.oan Serncer ) that collects Penodic Payments due under the Note and th�s Secunty Instrument and performs other mortgaae loan servuing obligattons under the Note th�s Secunty lnstrument and Appl�cable Law There also m�ght be one or more changes of the Loan Secv�cer unrelated to a sale ot the Nore If there is a change of the l..oan Serncer Borrower w�ll be g�ven wnttea noace of the change which will state che name and addezss of the aew Loan Servicer the aeidress to which paymen�s should be made and any other mformation RESPA �m�d��-.�i.A�.t1 ��B(OR1 ioaosi Papt 11 af 15 Form 3038 1l01 1r � - _ __ rcqwrcs in connection wilh a not�re uf transfcr of scrvic�ng If�he Notc is sold and thereafle� the Loar� �s serv�ccd by a l.oan Servicet o�hcr than ihe purcbaser of�he Note the mongage loan serv�cmg obligauons lo Bnmower w�li rcmam with �he [.oan Servuer or be tra,uferred to a successor Loan Servieer and are not usumed by �Ae Note purthacer unlrss othcrwisc provided by the Nrnc purchaser Neuher Borrewer nor Lender may cammence �oin or be Jo�ned to any�udicial acnon (as e►ther an indrv�dual lu�gant or the mtmber of a clasc) that anses from the other puty s actions pursuant to th�s Secur�ty Instrument or that alleges that tfie oiher pany has breached any provisson of or any duty owed by rcacon of this Se�unty Instrument unul �uch Borrower or Lxnder has not�fied the other pany (wnh such rwuce gwen m compl�ance with the requiremems of Section 15) of such aUeged breach and afforded the other party here�o a rcasonable period after the grvmg ot such not�ce �o take corTective acnon 1f Applicable Lrw provtdes a time penod which must elapx before certa�n actian can be taken that ume � per�od w�il be deemed to be rcaSOnable for purposes of th�s paragraph The nopce of xcelerat�on and opponumty �o cure given to Borruwer pursuant to 5en�on 22 and the notice of accelerat�on grvert to Borrower pursuam to Secaon 18 shall be decmed to satisfy the nonce and opportunuy to take cornat�ve acuon provis�ons of this Sauon 20 2! Har�rdous Substaaces As used in th�s Sccnon 21 (a) Huardous 3ubstances' arc those substances defined as eoxu or har�rdous substanca pollutants or wastes by Environ�rantal Law and the , follow�ng substances gasol�ne keroscnc other flammable or ioa�c petroleum products tox�c pestuida and herbu�da volaule solvents matenals contammg a�besto�or lormaldehyde and radioactive matenals (b) 'Emironmental L.aw means Foderal laws and laws of the�unsdicnon where the Propeny�s loca[ed that rclate to health safety or environmental protecuon (c) 'Env�ronmencal Cleanup �ncludes any trsponse acnon rcmed�al acnon or rcmoval .ution as defined m Env�ronmental Law and �d) an 'F��ronmental Condit�on means a condinon that can cause cont�ou�e io or otherwise tngger aa Environmental Cleanup Borrower shall n�t cause or perm�[ the presence use d�sposal sturage or releasr of any Ha�ardous Substanccs or threaten to releasc any Haurdous Substances on or in the Property Borrower shatt not do nor allow anyone else to do anyching affect�ng the Propeny(a)that is in v�olauon of any Environmental Law (b)wh�ch�reates an Env�ronme�tal Condu�on or(c)wh�ch due to the presence use or release of a Hazardous Substance creates a condinon ihat adversely affects the value of the Property 'Ihe preceding cwo sentences shall not apFly co the presence use or storage on the Property of small quantines of Hazardous Substances that aze generalIy recognized to be appropnate to normal res�dennal uses and to ma�nteaance of the Properry (mcluding but not I�mued io haTardous substances�n consumer products) Borrower shall aromptly grve Lsnder wntten no�tce of(a)any mvesugat�on clazm decnand, lawsmt or o�her act�on by any governmental or regulatory agency or pnvate pury mvolving the Property and any Hazardous Substance or Environmental !�w of which Borrower has actual knowledge (b) any Env�ronmental Cond�tion mcludmg but not l�mited to aay sp�llmg leak►ng d�scharge release or threat of nlea�e of any Hazardous Substana aad (c) any condition caused by t6e presence use or releace of a Harardous Substance wh�ch adversely affects the value of the Property ti Borrower learns or is natificd by auy govemmental or regulatory auchonty or any pnvace parry that any remov�l or other remodiation of any Hazsrdous Substance affecung�he Properry �s necessary Borrower shall promptly take all necessary remedial acuons in accordance w�th Env�ronmental Law Noth�ng herem shall crcate any obliganon on l.ender for an Environmental Cleanup iMn�u�f�.� � 6fOH)�000s� iepe ti oi is Farm 3038 1101 • 1 � NON UNIFORM COVENANTS Bortower and Lender funhrr covenant and agret as fallows 22 Accelcratlon. Renedtes Lender shal!Rfve notice to Bomowv prior to acceleratlon following Bon�ower's bre�eh uf any covenant or agreement IR thls Secutity Instrument (but not prior to Accekratlon under Scction 18 unless Applicable Law providas otherwL4e) The notice shol!spcclfy (o) the ddoult. (b)the�cilon required to curc the default. (c)o date, �ot las than 30 days from the dote the notice is gircn to Borrower. br which the default must bc cured. and (d) th�t fallure to curo ths defauk on or before the date cpecifled in the noUce may result in acceleratlon ot the sums secured by thls Security Instrument and sale of tde Propeny The notice shall further inform Borrower o�the rigAt to reinstate af'ter acceleratlon and the�ight to bring a couri Actlon to a.s�ert the non-exi�tence of a ddauit or�ny other defease of Borrower to occeleratlon and sole It the default ir not cured on or betore the date speclfied in the notice. Lender at its optfon moy requtre immedlote payment in tull of all sums secured by thls SecuritY Instrument without further demand and m�y Invoke the powv of sale And any other remedt�s permitted bp Applkable LrN Lender sholl be entitled to collect all expeages Incurted In purwing the rcmed��prnvided in thlt Seclfon 22, including,but oot Iimited to, �asotwble pKoracys'fees aad costs o[title evidence I!Lender lavok�s the po.ver of sale, Lender shall execute or cause 7Yu�tee to execute a vnitten nodce of the occurrence of on evcnt of default and of Lender's election to cs�e the Prnperty to be sold and sholl cattse a�cb notice to be retorded io eacl� county in which ony pr�t ot the Pt+operty is located l.eader or Trnstee shall gire notice of sale ia the manner prescribed by AppBcable U�ble Borrower and to other personc prescrib�d by APP�icable Law Mer tfie time required by App Law, Tnistee. without demand oa Borrower, shsli sell the 4r+operty at publlc auction to t6e highest bidder at the time end ploce snd under the terms d�signated in the nntice of sale in one or mon parcels and in a��y order Trustee determin�s Tnutee mav postpone sale of all or any parzel of t6e prope�ty by p�bl�� announcement et the time and place of an} prev�ously scheduled sale Lender or its designee may purchase the Property at any stile 'I'rustee slwll delivw to the purchaser Tnutee's deed coavey�ng the Property w�thout any covenant or wamanty, expressed or implied The rec�tals m the'frustee's deed stwll be prima [acte ev�dence ot the trut6 0[the statements m�de therem Tnutee shall apply the proceeds of the sale in t6e[ollowmg order (a)to all expenses of the sale mcludmg, but aot lim�ted to. reasonable Trustee's and attorneys' Fees, (b) to ell sums secured by th�s Security Itutrument. and (c) any excess to the persoa or persons legelly enUded to�t 23 Retonveyance Upon payment of all sums secured by this Secunty Instrument Lender shall request Tnutee co reconvey the Property and shall surrender th�s Secun[v Instrument and all notes ev�denemg deb� secured by ch�s Secunry Inscrument to Trustee Trustee shall reconvey the Propecey without wananty to d�e person or persons legally entitled to �t Su�h person or penons shall pay any recordation costs Lender may ct�arge such persor or persons a fee for reconveymg the Property but only �f the fee ts paid to a th�rd pany (such as the Trustee) for serv�ces rendered and.he chargmg of the fee �s permuted under Applicable law 24 Subsutute Trustee Lxnder may from t�me ro ume remove Trustee and appomt a succcssor trustee to any Trustee appo�nted hereunder W�thout conveyance of the Property the successor trustee sh�ll suceeod to all the utle power and dunes conferred upon Trustee herem and by Appluable L,aw Y5 Attorneys' Fees As used m th�s Secunry Inserumen[ and m thc Noce actomeys fees shall wclude those awarded by an appellate court 26 Protect�ve Advances Th�s Secunty Instrument secures any advanca I.ender at us d�scre[ion may make under Secnon 9 of this Secunry Instrument to proeece L.ender s mterest in the Properry and nghts under thu Secunry lnstrument 27 Required Ev�dence of Property I�uurance W ARNING Unless you provide us with ev�dence of the�nsurance coverage as requ�rcd by our contract or loan agreement we may purchase �nsurance at your ezpense to protect our �nterest This insurance may but need not also protect your mterest If the collateral becomes damaged the coverage we purehase may noc pay any cla�m you make or any cla�m made aga�nst you You may later cancel ttus coverage by provid�ng evidence chat you have obtuned property coverage elsewhere i�w.� �-610R1�ooes� Papa 17 01�5 Form 3036 1/01 m j3 i I � I � � You arc rcaponaible for the cost of �ny msunna purchaxd by us The coat of thu msur�aoe may be�dded to your oantr�c�or loan balena If tbe cost is addod to your contnc�or loan balance the mterat rate on tbe underlying contract or loan w�11 �ply tc th�s added unount T6e effecu�e daie of wverage may be the date your pnor ooverage lip:ed or the due you fuled to pcvv�de proof of cove�e The cover�ge we purrhase may be cons�derably rtarc expensrve than �nqurmce you san obtvn on your own and may not sausfy any nad for property damage wverage or any mandatory Iwbility�asurance rcqu�rements�mposed by Applicable[aw HY SIGNING BELOW Borrower accepts and agras to the ternu asd covrnants contau�ed m this Sesurny Instrument aod m any R�der executed by Borrower and�aorded with it Wunessa i��- ��r __-l�/ BRETT S PBS Bm+c+re+ ,�`^.,�z-+\��---�C7-�QQ_�(Sea1) LINDA SWOPSS \ -Bonower ��) �� Hormwer Bortower �$!a�) �$C81) BorroWer Bortower ($t.'i�) ��) Borrower Borrower �-610H1 l0oos) v.o.iaor t5 fom13038 1/01 / � � � STATE OF OAEGON� Clackamas Countr� On thu � 2Cth�y of June 3001 personaiiy appeared the above named HRB'!'1' SNOPBS and LTNDA SMOPSS and acknowledged ihe forega�ng mstrument to be hwAier/thar voluntuy act and deed My Comm��sion F�cp�res \- �l �`1 Beforc me (Offic�al Seal) / i � Hadry Pu �c r pon pfF�GIAI SEAI � us�FpEOU+ouaa NOTiWY PUBUC OiiEGON COMANSS�ON NO 72H9+2 Mv COMM�SS�ON E%P'iiE51AN W Wv 21 p00� IN4M61�Sf�+ ��R�r000W Pso.�s m�s Fertn 3038 1/07 � I 15 V � 1-4 FAMILY RIDER (Assignment of Rents) Loan M 0022195507 THIS t-4 FAMILY RIDER�s made this 26th day of June 2001 and is incorporaled mto and shall bc deemed io amcnd and supplemem thc Mongagc Dca! of Trusi or Socurity Deed (the 'Securuy Inc�rument ) of thc samr datc �tiven by the undersigncd (the 8ortower') to securc Bnrrowcr s Note to WELLS FARGO HOMB MORTGAGE INC (thc l.ender )o(the�ame daic and covenng the Propeny des�nt►cd m ihe Secun�y Ins�rumrnt and locatcd a� 10135 SW KATHERINE STREET TIGA.RD, OR 97223 �Propeny AdJrex<� 1-4 FAMILY COVENAN'i'S In add�tion to thc covcnams and agrccments madc in the Secunty Instrument Borrower and Lender further co�enant and agrce as follows xXXxAcxxaD07Q SIOmil�cl�DcY� d�l�lpc�?I!(l(l�ll�lld(�cM�MlpfBtlCX!!1P]+d�Ct06fU$�c�1C)0101fEC1f�( ]h!X R!l�1lYXdf�(�Xml�'l1�X70lPAC�lIlC�lXifX�BC 3�B�CSBln(KGO�1t1LOC�t!!X �N3pi7�1Q1�L�QC]l1LXS�C�14]�?C �idtl0�1(7�M�lY7�[�Ol�ll4U�7!]Ql�OC�Y�DlX 7idl�Ofdi0fK7G1C1�EC]4K }�)tlCXOQX�C?tltX�lf�7(Ei7�'{I(9E�XlLK�1�d11C�O111i0Om!]C !t �t9e�cSxx�exp�t�exxomc�agxltxat�eacft�a��Kx�x �aa�m��eodc�gx��tKxmx�xx�xAxx�axaamox oc4cxa�x�smc x�mm�torgcxw¢xxx�c.xxoc�cea.x�xwcacemcrkx�cXx�exxxa�exxxx�xiGx x�c�rerxxxvaxm�xx�ncx�rmxaa�a�cx�xxx�o�o�c�cqtxec�r.x �� mtntt� mnce�nx �� u�x x�cc�e�r�ape�mgx��xxxxxxxxxxxxxxxxxxxxxxxxx Initials IWULTISTATE 1 4 FAMILY RIDEH fenni�Me�/Fr�dds Mae UNIFORM INSTRUMEN7 tn�tials�� Pape 1 af 4 Form 3170 1/01 �67R 10008) VMP MORTGAGE FORMS 18001521 7291 i I iflll�l��I III Illill Illl Ilfl l�ll � � v B USF OF PROPERTY.COMPI IA1�Ck.WITH LA1� Borruw'cr shall not scck agree t�or make a chu�ge m the uu o�ihe PropertY or its�omng ciassification unless l.endcr has agrcod m wrumg ta the change Borrower shal� �o�'iP�Y "'��h �� laws ordmances regulattons and rcquiremells of aev governmentd body appluable[o the PropenY C SUBORDINATE LIENS Except as permi��ed hy fcderal law Borrower shall not allow any lien infenor �o the Secunty Instrurtxnt to be perfecccd against thc Propeny wnhout l.ender s pnor wntcen perm�ss�on D RE(V7' LOSS [NSURANCE Borrower shall mamt�in insurance agamst rent loss m add�c�on to the other har,rds for wh�ch msurance�s r�cquircd by Secuon S E "BORROWER'S R1GHT TO REINSTA'1'E'DELETED Sect�on 19 is deleted F BORROWFR'S OCCUPANCY Uniass �rtei�s deleted��Wer otherw�se agree m wnung Socnon 6 concern�ng Borrowa s a.cupancy of ihe Prope Y G ASSIGNMF1rT OF LEASES Upon Lender s rcquest after default Borrower shall acs�gn to L.ender all leues of the Property and all secunty deposus m�zt nd or tamina e�the`ex st ng leases�and to Upon the ass�gnment Lender shall have the nght to modify exxute new leases in Lender s sole d�screnon As used in th�s paragraph G the word lease' shall mean 'sublcase' �f che Secunty Instrument►s on a leasehold H ASSIGNMEN'C OF RENTS, APPOIIVT'l�'IENT OF RECE[VER�LENDER Ql POSSESSION gorrower absolutely and uncond�tionally ass�gns and transfers to L,ender �� rea ab ed Bocrow ie � R��-� o{ �� property regardless of to whom chc Rents of the Property P Y authonzes Lender or l.ender's agents ta collect the Rcncs and agrces thac each tenant of the Property shall pay the Rents to Lender or l.ender s agcna However 3orrower shall rece�ve the Rents unnl (t) l.ender tias given Borrower nonce of default pursuant to Secuon 22 of the Secunry Inseniment and(ii)Lender 6as givrn nottce to the tenant(s)that the Rents are to be pa�d to L.ender or Lender's agent Th�s acstignment of Rencs consucuces an absolute assignmenc and not an ass�gnment for add�aooal secunry on1Y lf Lender grvss nouce of default to Borrower (�) all Rents recerved by Borrower shail be held by gorrower as tnutee for the benefit of L.ender only to be applud to the sums secured by the 5etunty Inswment (u) Lender shall be entided to collect and receive all of the Rents of the PropertY (tu) Imtials�� 67R 100081 Page 2 cf 4 fwm 3170 7/Ot • 1 � Borrower agrees that each trnan�of tha Propeny th�ll pay all Rents due and unpaid to L,ender or L,er�der� �gents upoo L,ender s written demand to�he tenant (rv)unlcss appluable law pmvides otherwise �II Renli collxted by La�der or L,ender s agents shail be appl�ed fint to the a�sts of�akmg contro)of and m�ne��ng the Property and rnllectmg the Rents ,ncludmg but not limned to atlorney � fees recerver s fees prctmurtu on recewer s bonde rrpa r and mamtenance cos�s insurance prcmwrr�s �ues auessrnents �nd other charges on �he Pmpeny u�d then �o ihe sums securod by �he Secunty Ir,sttument (v) L,�er [.rnder s agents or any�udiaally appomtod rece�ver shall be I�able to accoun� for only those Rrnts actually recerved aed(v�? Lender shall be enntlod to have a rrceiver appoimed to tilce possess�on of u�f rnanage �he Property and rntlat the Renis end profits denved from ihe Propeny wuhout any show�ag as to the lnsdequ�cy of che Property ai socunry If the Rents of the Propeny are nw sulficient ta cover the cosis of c�iung control of and minagmg the �P�Y aad of wllecung che Rents any funds e:prnded by Lrnder for such purpoaes shall �eoome mdebtcdness of Botrower to L.ender xcured by the Secunt� Instrvment pursuant�o Sacuon q Borrower rcprcsents and warrants that Borrower has not eaecuted my pnor atsignmrnt of the Ra�ts and has na performed and wdl not perform any act that would pRVent l,ender from exercismg us nghts under this paragraph Lender o� t.ender s agents or a�udiaally appomted rcceiver shall not be reqwred to enter upon take control of or ma�nta�n the Property beforc o� after grvmg not�ce of default to eorrower However Irnder or Lrnder s agents or a�ud�cially appointed receiver may do so at any nme when a defaul�occurs Any appluat�on of Rents shall not cure or wa�ve any default or �nval�date any other nght or remedy of Ltnder 7'h�s ass�gnment of Rents of the Propeny shalf ternunate when all the sums secuc+e�by the Security lnstrument arc pa�d in fuil t CROSS-DEFAULT PROViSlON Borrower s default or breach under any nate or agroement �n wh�ch Lender has an mtercst shal!be a b�+each under the Secunty Inserument and Lender may�nvoke any of the remed�es pernu�ced by the Secunry Instrument Q�67R 100081 Inrtials�� Papa 3 of 4 Form 3170 7/01 1� . BY SiGNING BELOW Borrower accepts and agrces to the terms and provisions contamed m this I-4 Famdy R�der .�-r--`� �� (Sea!) _(�) BRETT SWOPES Bortower LINDA SWOPfiS ��y�� (5ea1) ��) Bortower -Botto�rer �$tel) �$�) BortoWer Eortower (SC31) ��1) Borrower Borrower �57R t00081 Page 4 of 4 Fam 3170 1/01 1 _( PROPOSED PARTITION FOR 10135 SW KATHERINE STREET TIGARD, OREGON The proposed land use action is the minor partition of this lot into two parcels one of a 7500 SF with a 1965 vintage 1352 SF home and a new lot to the rear of 7500 SF having frontage on a new private street and after a lot line ad�ustment with 10120 Tigard Street property to compensate it for extending the road through rt to access the rear 10399 SF lot that of the ad�oining property, 10120 Tigard Street Both home site will have access to storm and sanitary through a new line on the property line of 10085 SW Katherine Street which will be placed in a recorded easement to service 10120 Tigard Street IMPACT The land use action will benefit the city in that a neighbors property will be hooked up to city sewers and the existing 30 year old septic system will be decommissioned and by utilizing a 15560 SF R-4 5 ZONE property to two 7500 sqoare foot size lots after the lot line ad�ustment The home that fronts on Katherine Street is hooked up to sanitary now and the second lot created by this land use application will have access to the sanitary and frontage on the new private drive A new starter house will be built on the newly created 7500 SF lot • The partition ofthis SF property divides into one 7500 SF lot and home with frontage at 10135 Katherine Street and one 7500 SF lot with frontage on the proposed private drive This meets the minimum size of the R-4 5 Low Density Residential District • R-4 5 Zoning district dimentional requirements are able to be met when the lot is developed • Access on the new private drive is proposed • Clear vision will be met when the property owners of the adJoining property to Tigard Street build their connection to Tigard Street • Recognizing that Katherine Street may be improved at some time in the future I will agree to participate at that time for those public improvements • A Fire hydrant is located on Tigard Street by Katherine Street The location is within approximately 500 feet to our two proposed homesites This partition meets the ob�ectives of good planning The new lot at the rear of 10135 Katherine Street does not affect the existing home at all and Utilizes an undeveloped lot while meeting all requirements of R-4 5 Any increase in use by increased traffic generated by one additional home will be mitigated by the increased tax value of those improvements Chapter 18 420 O50 Land Partition A This partrtion complies wrth all known statutory and ordinance requirements and regulations B There are adequate facilities to service one additional home which will be built on the back of the current house addressed 10135 Katherine Street It will be connected to a lateral line placed to service a neighboring parcel currently on a septic system The new home will also have access to a storm sewer which is in Katherine Street C The new home will have access via a private 20 foot wide street to Tigard Street after a lot line ad�ustment wrth 10120 Tigard Street which is currently being recorded at Washington County D After the lot line ad�ustments 10135 Katherine will have two 7500 square foot lots The new lot will have access throug the private drive to Tigard Street w [ Chapter 18 420 060 Final Plat Submission Requirements The requirements of this section will be met when the final plat is submrtted Chapter 18 420 070 Dedicated Lands There are beautiful large trees where sidewalks would go on Katherine Street There are no sidewalks along Katherine Street now and we believe to put them in would destroy the neighborhood character We would be agreeable to having sidewalks in front of the new home which would have access to Tigard Street Chapter 18 420 080 Recording Partition Plat These requirements will be met Chapter 18 510 020 List of Zoning Districts The new lot and our existing lot meet the requirements of the 4 5 zone Chapter 18 510 030 Types of Uses It is our intention to build one new dwelling of approximately 1400 square feet Chapter 18 510 040 The density requirement is met by this partition Chapter 18 510 O50 Development Standards This development meets the standard and no variances are being requested, Chapter 18 705 030 Access, Egress, and Circulation This property is unusual as it will have two fronts when this partition is completed The 10135 Katherine Street home will front on a local street, Katherine Street The back yard, or second building site will face a new private 20 wide street which will give this parcel access to Tigard Street The 20 foot access to the rear lot of 10120 Tigard Street property adequately gives our property very good access for emergency vehicals Chapter 18 810 Street and Utility Improvement Standards It is not the intention of this development action to do any work on Katherine Street or to the home at 1013 5 Katherine However, we are willing to enter into a restrictive covenant to provide for future improvements when and if they are made to Katherine and record such at the time of recording the partition with Washington County We hope to have underground utilities for our new parcel However, if that is not possible we will pay a fee in lieu of that to the city C ^ .. � ' _ -� -F- -� � ��S+�' �-' � � '. '� -v - s_�c, x�`r�. � �-.,.,...�_ �.,.. — _ ��' � - y�f �` '�r—^- -.�:�^��-_--_-� �¢�,�}' ,- � _�.�i�=-- -`--z y..�—"V�� --r' -=-c`� y-.�3aa'.� �z�:',-',�,�`Aak��. � ' Clean�lVater ervices � J� � �� - � Our commitmcnt is cle�r November 5, 2002 Miles Schlesinger 11455 SW Shrope Ct Tigard, OR 97223 Re Minor land partition located on SW Katherine in Tigard, OR CWS file 2477 (Tax map 1S135CC, Tax lot 03000, 03100, 03400) Clean Water Services has reviewed your proposal for the above referenced site Staff has conducted a pre-screen review and requested completion of a Sensitive Areas Certification Form Following the review of submitted materials it appears that sensitive area near this site would only require a 50' buffer Since your property is beyond the 50' maximum buffer, you do not need a Service Provider letter as required by Resolution and Order 00-7, Section 3 02 1 This document shall serve as your Stormwater Connection Permit authorization from Clean Water Services as required pursuant to Ordinance 27, Section 4 B All required permits and approvals must be obtained and completed under applicable local, state, and federal law This concurrence letter does NOT eliminate the need to protect sensitive areas if they are subsequently identified on your site If you have any questions, please feel free to call me at 503-846-3613 Sincerely, L�� Chuck Buckallew Environmental Plan Review � L\D�velupme.nt Svcs\SP 00 7\Concurrcncc Leu�rs\I S135CC03000 O1I00 03400 Property b�yond mm b�uff�r doc 155 N First Avenue Swte 270• Hillsboro Oregon 97124 Phone (503)846 8621 • Fax (503)846 3525•www cleanwaterservices org -,-� �-...� " `h.. s M -si'r� " �,qf' �x„�a�S�2�c'.'�,-�,rp"e'�'?.Yr` 'ws d�e'.�-c�Ei"�Y'1.�.°' f - "" � -�,r-g3�-• '.,''`�Y'-_��__'��-�= �rti�i 4+�=..�.&.�-r�q.,o,'r+�7rs�'�,.�.� ��-..,�Ti`=v-��,��,,,��-,v� �„ -N-,a ��,��$i '�?,�'c�. ,l`a'. �`'�+� i �:�ski' .�+k.o-�.:ar�_.qdr� w�`w� '�-,� rt.d'S.,T-��'`'%`°-".""�--.•�'.:^ '"�%�°5.��-;�°`_ ��+�i�.._ � ..,�-.... �. -t�..�.''�a.��...�'�-s�.ca i'3""��...r.?��`.��v.°�'''�i��es'l':�.' °i r^^^e °S 1;y ^4�. �� - �eY „ T..._`'T q.S .� �T •"4� tF:��'°�� A�.�..�tr9r&�a��t'.��'3��.s.��M...?��".:��._ b - ..x.._ z�� > -�-v•�,y`_.ur�"S'"�=`�a`b�. �e.xr��,�,._�_ .ver s _ _ ^ _ - - - `R� - - - � �� I il�\umher CleanWate� Services Onr cumm�lniuit �s �Ic ir Sensitive Areas Certification Form Property Owner Name Address Cdy/StatelZip Telephone Fax E mail Authorized Agent Name SM Builders, Inc (Contact S Miles Schles�nger) Address 11455 SW Shnope Court City/State/Zip Tigard, OR 97223 _ Telephone �503) 968-6500 Fax �503) 620-8487 E matl Pro�ect Location Street road or other descnptive locavon 10120 SW T�gard Street and 2 ad�acent propert�es to the south that front SW Katherme Street Legal Descnpt�on Quarter CC Section 35CC Township �S Range �W In or near(city or townj County Tax Map# Tax Lot# Ti�ard Wash�ngton I S 135CC 3000 3!00 3400 Waterway None River Mde N�A Latitude 45-26-04 Longitude 122-46-47 Ad�acent Property Information Street road or other descriptive location Ad�acent to the wesi of TL 3400 described above Legal Description Quarter „ „ Section ,� ,� Townsh�p ,�,� Range „ „ In or near(city or town) , „ Counry „„ Tax Map# , � Tax Lot tl 3600 Waterway „ „ River Mde „ „ Latdude „ „ Longitude �� _ -- _______... __ � __ - _ �, _ - _ - - --� - - -- - ` - � ��r�:�4�t�h�=��''��r��`w�� h °'T�n,�.��" Ps. ,z. -•-.� �-,- � � - , c..�'�-+� wt�--�,nc-ne � ��•� - - = � ��s-�`-jz�rs��"�a'��r�"t.' 4$�'2 "�,;, '"�n? ar � _ u'��`�.e'��"�-��'rs�i'�-1:,:-'�'� � � �aa�.�sc`- ��'ti„ -.++�-"��"",,x'�',-��^T-,�^r°'� � ,��y.. °� -��- �7-�,iJ�fi��,,�� "'�'f"� ��{'f�_'l�,� t 'v`^��,,.m---'�"5�.�r.�n. ��r �n.'�� s ,�-��7.Qr��ti`�3—+..s� ._ ^...3. _y^:x. e _ t rcts++i.^r..�X_�'4.f._.m 'S�'^.-.r. � � .�y'<"�i'r 5 �.,_..,r_ � Filc Number An on-site,water-quality-sens�tive area reconnaissance was completed on Date By Title Company l0/24/02 Richard Bublrtz& Professional Wetland Scientist Env�ronmental Technology Consultants David Waterman Environmental Speaal�st A Existence of Water-Gluality-Sensitrve Areas As defined in the District s Design and Construction Standards water-quality sensitive areas ❑ do �do nol exist on s�te(check appropnate box) Nore mos!!!kel�� do ❑do not exist within 200 on ad�acent properties or❑ unable to evaluate ad�acent nor able ro property(check appropnate box) de�erm�ne x rth cerrarnry • IF water-quality-sensitive areas exist complete SecUon B below • If water-qual�ty-sensitive areas do not exist skip Section B sign this form and subm�t to the Distnct with plan approval package B Types of Water-Gluality-Sensitrve Areas The type(s)of water-quality sensitive area(s)lhat occur on site or within 200 ft on ad�acent properties are (check all that apply) �wetland(s) ❑ sprmg(s) ❑ intermittent stream(s) ❑ perenrnal stream(s) ❑ ponds Sign this form and submit to the Distnct with plan approval package and one(1)copy of the Natural Resources Assessment Report(information and forms are avadable through the District) Nore reg:�esrrng . The Natural Resources Assessment Report includes that frd!assc�sment nor be requ,red see ' wetland Delmeation Report per DSL!Corps reporting reqwrements(if wetlands present) a�tached document . Rapid Stream Assessment Technique Form and maps or other Distnct approved assessment(if construction or discharge is proposed into through or across an intermittent or perenrnal streams) • Vegetated corndor documentation including a base map and photographs showing the surveyed location of all sensitive areas vegetated corndors and vegetated corndor condition I certify that I am familiar with the information contained in this document and to the best of my knowledge and belief this information is true complete and accurate Property Owner PnnUType Name PnnUType Title Signature Date - _- -�f�- - - - ya'-�'A t'i�'�x�.cl�'ie�sr�.f�-��'�.��•`�A�hh?�.��riF�u�`��" �'� ', °,�'��' ° . ..�,�,,.-.4o-�r_�--�....__ ��. r.--k-'��- _,=-�� ""�-= �,`'�"x'-' ��°� � s� �-.� � �--F--- r' _, +_._ ��.c��F�q 3 �_ � .� "er y i�'r_-. � a .",�r�`��s rrrr�p "'�F -�.-•a- �f��*F k'�a�s7 � _.. _ L�- � ~'Yfi'��£ TF��j��'-��.3��i .�"�'�h�� .a' �,� �� M� � `'� x��',.- `'`-.:�,.."' ✓ ,- sP ��.��,��; '" °�� °'�' t.�. �,� � wte A "r��.�,�u_+�.,_VE`A�nZjG63-338Q��. ..�..r___lT_ ._.�..T�,r=.T�____._-�._ '�`.��-��`-�`�'�� '��--�-�03 =- ��FaX'`�j'�60j 695��089�°'. �O�' etc(�teleport coui taa�u ertaerotechcons cor►t � �Y1 I�ndSiapr( unlra tur. le��uyr q I \VIRPI 11„�,i�i1S i ry� (lli�� R(�ru�ral 1 unlra.tur R 1 47511 Lta�lll/t� `LOiROtlOfo l�110/tiIlQJt� ��R!( 1 �h�uion qr 1�.ru1�ril�rlir�a�v �ii� October 25,2002 Ms Heidi Berg Cleanwater Services 155 N First Avenue, Su�te 270 H�Ilsboro, OR 97124 � Dear Ms Berg, On October 24, 2002 we performed a water quality sensitrve areas reconnaissance for three contiguous parcels ►n T�gard, Oregon totaling 1 2-acres 1 S 135CC03000 (10135 SW Katherine Street) ]S135CC03100 (10085 SW Kathenne Street) 1S135CC03400 (10120 SW Tigard Street) The three parcels were shown on the Clean Water Serv�ces GIS overlay map as potentially be�ng within a vegetated corridor of a water quality sensit�ve area as shown on the attached map The first scope of our �nvestigation was to identify any potenttal wetlands, streams, or sp�mgs regulated by Clean Water Services on the subJect propert�es We performed a thorough meander survey across these sites and �dentified no streams, springs, or any port�on of the propert►es with the potential to meet the three cnteria of a�ur�sdictional wetland The vegetat�on across the entire area was fairly uniform, cons�sting of sparse ornamental trees, lawn grasses, and various weeds Photos 1 through 3 attached with th�s document show the condition of the parcels The grasses were typtcal lawn grasses includmg Agrostrs sp (Bentgrass), Loltum sp (Ryegrass), and Poa sp (Bluegrass) 1Needs were common throughout, primar�ly Taraxacura o�crnale (Common Dandel�on, FACU) We could find no areas on the sub�ect property that had the potent�al to meet the three cr�teria of a�urisdicttonal wetland, and as such, no data plots were warranted The water quality sensitive areas overlay shown on the Clean Water Serv�ces GIS map encompassed a 250' setback from a mapped waterway that supposedly has its origm approximately 75' west of Tax Lot 3400 Tllerefore tl�e second scope of our �nvest�gation was to identify and briefly assess th�s feature and determine whether its vegetated corridor would have any potent�al encroachment on the sub�ect properties The first aspect we investigated �n regards to this offsite waterway was the supposed cross�ng at Kathenne Street As demarcated on the attached map, we did identify a stormwater outlet into a ditch at the west term�nus of Katherine Street (The portion of Katherine $treet west of the daylight point is a c�ty park with unimproved right of way ) This waterway appeared to be strictly stormwater-driven, as we were able to follow the stormwater line up Katherine Street to the east v�a numerous catchbas�ns along the � road We did not identify any "T" into this storm system from a natural water body As shown on the attached map, the head of the ditch at the daylight point is well over 200' away from any portion of the sub�ect property, so no further analys�s of th�s feature was warranted The second aspect we �nvestigated �n regards to the offsite waterway was a cursory tnvestigation on Tax Lot 13600 The ees�dent (son of the property owner) of th�s property allowed us access onto the site to perl�orm a bnef invest�gation He cla�med that historically there was a dramageway that was aligned roughly north to soutli across the bacl. -- --- —_ -- �__ __ _- - ��,---��--:�-i—_•— - - - �-__ _ - _- ---- - - - �-.�.-�.,Fr..--s:�:_'=��,v�� - _ - �-- _ _ -- � � -`- _ -'-`=�--�:,-�—=�= -- � - - - - - - --- - -- -- -- _ -�r�r.� _�,�-:° _ _� .� �t c��`�l'�� `�*� �•n�-� s� � �°g' �' ` Y � _ ` ,l r ,- _rr�,1.,,��g, " -�� ...� _ T~1'`�-Y s.e..)�.;S � .-x y F '.�x..� ...•�,...=vc v5 /� Y ��c� �S f_�� A'-'"'t�.sk�v��-.1�f..�S`° '�:,r °'�'^ �'�y,}�,-w+�"'°7u'., .. »� T.r� ��''�.�i,KL-`�a;-- ' ' ^'a^...rl:2��:-c...sr-t y�+" '�,� 'Y .�,= n., xu µ.s*.,i --v-• an .��na�-a,�. a S�.,vcS.'x��_.^� c 1 � ''•= �^'1c�=•'r+�.=.�T,�e�±.z,.,.��.'_ _..__a_-.h_.�?.r :..."-3','�r'J*�r....'�"�,iaic�+- - �x'ti�4�5".,'�"�r�3'.'�"�-x�°"°"'�°'""�'.^s"'"`"�r-S�!"�'w--e stde (west) of the property, then m the 1960's when the ad�acent properties to the south and west were subdrvided and developed, the dramageway was effecttvely blocked off, �uhich causes water to back up tinto h�s property dunng the wet season Dunng our mvest�gat�on, the vegctatrve character of the area �ustified the historical scenano given by the resident The back portion of that property consisted of a thicket of Rosa nutkana (Nootka Rose, FAC) mixed w�th Phalarrs arundrnacea (Reed Canary Grass, FACW)which graded into an association of�asture grasses and Carex sp (Sedge species) Upgrad�ent to the east the vegetat�on graded out of the Carex into an associat�on of solely pasture grasses, pnmar�ly F�stuca arundinacea (Tall Fescue, FAC-) with lower percentages of Agrostrs sp (Bentgrass spectes, - FAC) Then at the eastern portion of the property near Tax Lot 3400,the vegetation was an associat�on of Rubus drscolor (Himalayan Blackberry, FACU) with various pasture grasses No evidence of a channelized waterway was found crossmg frorxi this property onto ad�acent properties as shown on the GIS map The cursory �nvestigation allowed to us by the restdent of that property was not for the performanc�of a full wetland delineation on that property The �nformation we were able to gather from the property was that the easternmost encroachment of a vegetation association that appeared to meet the hydrophytic vegetation defin�tion was a patch of Phalarrs arundinacea (Reed Canary Grass) tliat was paced off as � be�ng approximately 100' from Tax Lot 3400 The Carex-dominated association was approximate}y 160' from Tax Lot 3400 Based on the offs�te investigation allowed us, we were not able to conclude w►th absolute certainty that wetlands were present on Tax Lot 3600(ne�ther hydric soils nor wetland hydrology were confirmed) But given the vegetative condition, we can make the conservative assumption that the areas described above likely meet all the three cntena of a wetland ACcording to Table 3 1 of Clean Water Services Design and Construct�on Standards (Chapter 3) the maximum buffer w�dths for a wetland with ad�acent slopes less than 25% is 50' (Slopes are clearly less than 25% in the area as ev�dent from the attached USGS quad map and the photographs ) Gtven the results of our invest�gation that potential wetlands are present start�ng at approx�matel� 100' from the property line of Tax Lot 3400, we con,clude that the 50' vegetated corndor of any potential wetlands on that property do not encroach on the sub�ect property We request that Clean Water Serv�ces not requtre a full Natural Resources Assessment �n accordance w�th Appendix C of the Design and Construction Standards, as additional mvestigation of the potent�al offsite wetlands w�ll have no bear�ng on the sub�ect property Maps and s�te photographs are mcluded w►th this packet as supporting documentat�on Please call if you have any questions Sincerely, ��`�o Dav�d Waterman Bublitz, P � , � 0�� '�� / i �. � v�M � � -� , ' � i � r' c`� Environmental Specialist n age��essional Wetland Sc�entist Q/ t1��m.�� 00eaa�� - 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'°-'��-,rG� _ "��M .�C'� :1� ?i�K°�`+'�^'�v*a^d"'�Ss .�..z-_ -_ _ — - __ � _ =�.�+.�-rc-�..a '' ._..�_......"��` � ti � � �� I i 1 � 1�I � 1�l � ��u I � � 1 � � i i ♦ � i � i e � i � � j � � � �I ■ 1 � � `♦ � � � YI � s � i � h I �I I� ' i � a 1 � i � � � � � li � 1 [ \ ' Potcnt�a �v� ai i �vc t � '��, , ; ' , , cnd and south�vest orn�r ot pr e ` ,� � � � - � ! , , � f . � } � - No Hatern.�v yd�nti d � th�� cuiity � � � � � , � � � _ � � 1S135CCb3�W0 i � ra�a�aV� � �� o E -� � ; = � ' � � � � � � � i . • U ' � d ' � � , g �, � � � , � � '�k TH IN � T � �� i,� r � a � , � � J - � • - � Y E i Sto�mwater p pe fiom K tqe�mn� a , , 6 , Strcet d1�I�ah s to open rtch h�re Y � � r D�tch dratns tu in�i eek � � 3 � ��.�.`. p°� � I' � � � •e � � � �,r' 1 '° _ ... ,. 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D�"� � � � � � � � S ' �O�� : � � �d� �� 9" � � environmental technology consultants Sub�ect Property - -=y��;��?LAT=MAP-:�-�.r=-r,�`�-��a - �30p0,3100,3400, T�gard and Katherme St - - ` - � F �'�#=-_...,.,.r n`_ 3—� _ _1� Sourcc�Washmgton Countg Gl��-- ��_� .��_=:,��.w,. - - - _ _ a.�_ __:�_- =w _ �..�....��.�.�.� ,�r-�... r T�gard, Oregon _C'P s•.-_�y�i+�=,tli.a''ss�i.i�� ,.,a �� ';�� T� � _ - -•^ ' :. +,r.�s.ieLi-y3,•_ �-. ,._��-*_I'S`c.. 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' ''„- --�.� ]� -�N � �- ky�'�`,''+,,,�,F`�T'N9 �.`n ,��r, k�. �i.`k �sr ,•'3`�4 } _.k1.. +._r�r'a �� 4 ., " ��. �!^ ;. < ,7, i _ ,ca. .t _ �Y�tzl�`�a��`"��„� `�. '�K i't-.h�.•��.,F�r +'�1,��.�'eyr'°''�'✓-`a..9� �4 ��! � � u� � � '4a5 � `�' � ."a .�.f�r1.C.t i. 'E,_.:��,�.L',:�5-:2�)-,..r r '3_'�-_' .,.fl�'Fi....�..��,..�.: t_�F ..^� i��.a„S�e.... � � WILLIAM L OWEN and ASSOCIAT�S � Tree and Landscape Consulting Services �� P O BOX 641,PORTLAND OREGON 97207 503/222-7007 «` ` �°ASO +°rs �. „—.-,.�,�r„�-� -.�. f Tr�e e o�t � , � for S M ��lders, Inc. Pro�ect 10120 S W Tigard Street Tigard, OR 97223 Prepared for li�iles Schlesinger S M Builders, Inc 11455 S W Shrope Court Tigard, OR 97223 Febrlxa�y 2�, 200� Prepared by William L Owen, B S , M A , C A Registered Consulting Arborist #li4 � American Society of Consulting Arborists ' Diplomate,American Board of rorensic Examiners Y l R.t � INSPECTION DiAGNOSIS AND EVALUATION OF TREES SHRUBS AND RELATED PLANTINGS CONSULTAT70N WITH RESPECT TO PLANTING TRAIVSPLANTING PRESERVATiON MAINTENANCE AND ARBOREAL PLANNiNG COMPREHENSf VC LOSS OR DAMAGE RCPORTS DULY SANC'I'IONED MPRAISALS j FOR LEGAL OR CONTRACTUAL PURPOSES LEGALLY ACCEPTABLE TESTIMONY IN COURT CASES �M -� n� � f�� , WILLIAM L OWEN ana ASSOCIATES �`'' Tree and Landscape Consulting Services ��/3��;�� P O BOX 641 PORTLAND OREGON 97207 503/222-7007 -.�--°r-.----�--�--- I'ebi uai y 25, 2003 Miles Schlesinger SM Builders, Inc 11455 SW Shrope Couit 1 igaid, OR 97223 RE 10120 SW ligaid Stieel Pro�cc.t Tree Repoi l Dear Mt Schlesuiger Enclosed find the tree report on the sub�ecl pio�ecl lt characterizes eve�y tree on the thi�c piopeities involved but caiuiot show the tull consliuction unpact until I have a full set of aichitectural and engineeiing draw�ngs for the site Only then can I do the initigation and impact statements neccssaiy to meet Crty of Tigard requuements Please advise me if you need additional infoimat�on to this �epoit Tllank you Veiy truly youis� � / „� � / � WilliamL Owen, BS , MA , CA Registered Consulting Arborist#114 Amer�can Society of Consulting Aiborists Diplomate, American Board of Forensic Exami�leis � s� �.�..�.- �...�.�.�� + d v� "'�4 a INSPECTION DIAGNOSIS AND EVALUATION OF TREES SHRUBS AND RELATED PLANTINGS � � CONSULTATION WITH RESPECT TO PLANTING TRANSPLANTING PRESERVATION MAINTENANCI ANU ARBOREAL PLANIVING COMPREHENSIVE LOSS OR DAMAGE REPORTS DULY SANCTIONED APPRAISALS � �""� ' FOR LEGAL OR CONTRAGTUAL PURPOSES LEGALLY ACCEPTABLE TESTIMONY IN COURT CASES �-�- �-�-�r------- TA13LE OF CONTENTS Assignment and Purpose 1 Method of Analysis � Present Condition 1 Findings 1 - 6 Recommendations 6 _ g Summary 9 Species Glossary 10 Pruning Standards 11 Standard for Fertilizing C 1 - CS Assumptions and Limiting Conditions Site Plan � TREE REPORT S M Bu�lders, Inc Pro�ect For Miles Schlesinger at 10120 SW Tigard Street Tigard, OR 97223 1) Assignment and Purpose The Assigrunent is to survey of the trees on the sub�ect site as planned, to determine 1) lh� present condrtion,viabilrty and prognosis for sui vival and 2)the�r suriability for preservat�on as landscape amenrty trees The Purpose ts to meet the requirements of the Crty of Tigaid Tree Oidinanc,e for suc,h proJec,ls 2) Metl�od of Analys�s of Tree Popul�hon A visual inspechon was done looking for typically normal specimens and for abnormalitic5 and indications of disease, (dead tissue, galls, conks etc ) to find visual symptoms of trc.� failuie or hazard In addition, in so far as possible visually at this �oint in the process piognosis foi survival considering the impact of construction is assessed 3) Present Condition a) See tiee schedule ff b) Insects & disease Evidence of scale mites, aphid Typically iioimal Cvidence ul apple scab, leaf blight c) Man-caused damage Imp�opei piuning and root compact�on, neglect d) Nature c,aused damage Storm dama�e ul larger lrees 4) Findings/Problems/Recommended Soluhons The information following in the tree schedule is provided to inform all concerned parties regardinb the impact of the sub�ect pio�ect on the trees marked to be preserved on the plot plan enclosed, �is well as prognosis See plot plan enclosed with trees numbered per following schedule *4 00 feet above ground or �ts equivalent, per Crty of Tigard requirements 1 S M Quilders//WLO&Assoc#0227 Tree Schedule 1 ree Size Tree Species Condrtion Remarks # 1 52" Cottonwood Fair Split stem at 4' to 30" and 36" stems One stem to southeast and one stem to northwest Southeast stem leans toward Tigaid Avenue Tree needs attention, pruning, cleaning out of dead wood, but is preservable Will require cabling system, if reserved 2 52" Cottonwood Fair Split stem at 4' Very similar in all respects to tree #1 Split stems are 26" and 36" One to southwest and one to northeast Same requirements as tree #1 Both trees# 1 and #2 appear to be unaffected by the construction, though tree#2 will be w�thin a few feet of the new driveway With proper professional care, tree should be reservable 3 38" Cottonwood Fatr Split stem at 24" Strong lean to south in both stems, 14" and 17" Curve upwards at approximately 15' Tree near the edge of the driveway as planned if the driveway cannot be moved to the north, at least 8 feet, the tree cannot be reserved 4 Cottonwoods, Naturally occurring multi-stemmed from 5 clumped 6" to no more than 12" in two of the 6 6"— 12" stems They are in good condition 7 variable though with some lean in certain trees to 8 diameters the southwest Typically a naturally occurring clump, a series of multi-stem trees Preservable in present plan and would be an asset to the property if reserved 9 13" Apple Poor This tree has been neglected and not properly pruned Shown on edge of driveway Not preservable if driveway isn't moved 2 S M Bu�lders//WLO&Assoc#0227 10 13" Plum Fair Poor pruning history Triple stem at 4' with included bark In need of proper care Not threatened by construction at this time Could be retained but would need cabling long term No need to remove unless construction forces the tree out 11 13" Plum Fair Quite similar to tree#10 Fork stem at 3' with �ncluded bark Heavy on one side of scaffold but with proper pruning could bc retained Not threatened by construction as drawin s a ear at this oint 12 11" Maple Good Should be preserved if possible because of condition and location on the ro ert 13 13" Maple Good Pair to tree#12 to the south approximately 20' Similar tree in all respects Retainable as the drawings indicate at this point If possible should be retained 14 8" Multi- Hawthorne Fair Spread out with much advanticious stem sucker growth Another clump to the 8" southwest approximately 9' (is not listed 8" on plan) in similar condition These trees 7" could be retained because they appear to 8" be out of range of construction Will require substantial professional work to br�ng them into reasonable condition Could be assets to property if that was done 15 7" Plum Fair Substantial fasciation (mistletoe-like) clumps in the tree Not a particularly significant tree Could be retained and bc an asset to the property but will need rofessional work 16 10" Pear Fair Poor prumng history Split in stem with a double stem at 3 1/2' Is retainable and could be left and pruned properly Not a tree 6f sigmficance or one which should re uire s ecial treatment to retain � � S M Builders//WLO&Assoc#0227 17 11" Birch Good Distinct lean to southwest (approximately 20 degrees) A tree (except for the lean) in good condition The driveway as planned comes directly to the north of the tree such that it would not survive the construction unless the driveway is moved 10 feet to the north 18 12" Maple Good Split-stem at 3' with suspicious included bark, but still basically a good tree with good form in the two large scaffold branches forming the crown Appears to be free of any incursion from construction A tree worth preserving with cablin and rofess�onal care 19 13" Pine Fair Lean to the north of approximately 18 degrees in the first 20' of the stem, then curves upright A possible problem tree for stability underground based on the appearance of the root structure at ground level Possibly a retainable tree but will require further professional investigation of its stabili in the round 20 14" Maple Good Split-stem with co-dominancy at 5 '/2' with included bark A decent tree with a good overall crown formation wluch, though it has some poor branch cuts in its history, still could be an asset to the property if it does not have to be removed for the construction Will require professional care and cabling in time because of the s lit stem 21 15" Apple Very Poor Bad prunmg history, with broken branches, odd shaped crown, surface rooting, potential girdling root problems Typical tree for a back yard, but nothing special to take special pains to preserve if construction will not allow it or threatens rt �t is in need of professional work and resha in Notes On the plot plan to the east of trees 21 and 22 along the property line are three Portuguese laurels shown as drip line circles which are not trees and do not qualify under the ordinance 4 S M Builders//WLO&Assoc#0227 22 9" Apple Very poor Severe lean to the south Split stem at 4' but a good union Very much in need of professional help Lean to the south is significant, 12 to 15 degrees As with tree#21, not a tree worth taking special pains to preserve 23 30" Scotch pine Split stem at 5' with included bark on (measured ma�or stem to the northwest, and anothei at 3' to the southeast 19" and 20" Will above require cabling and professional care to ground retain Is in position to be retained and be due to an asset to the property if properly scaffold maintained Thc southeast stem at 20' spread) has a secondary scaffold branch coming out at an odd angle curving back toward the northwest, but the tree overall is preservable and is a good candidate to reserve 24 24" Oak Fair Tri-stem at 11' with some included bark (Oregon white) on the east face, Basically a decent old oak wrth a poor prumng history to clear the road, but is preservable In this area, if any drainage or sewer line construction is done, this is a tree worth working around and preserving because of its sizc and a e 25 30" Oak Fair Split stem at 8' to the north and south (Oregon white) with 14" stems going upwards Definite included bark extrusions on the east and west sides with scarring evident Worth retaining because it can be cabled and if professionally maintained, because of its si�e and age, can be retained as an asset to the property This tree has also had some indiscriminate pruning over the roac�way which is unfortunate It also lias some root damage in the driveway, yet it appears to be stable If it is possibly in the path of a sanitary sewer line for the pro�ect, the sewer line should be moved to go past the tree and give it clearance because of its age and sigmficance With rofessional care it can remain 5 S M Builders//WLO&Assoc#0227 26 30" Oak Fair Lean to the west of probably 7 degrees Crown is somewhat one-sided There is breakage and poor pruning history, yet the tree has much character and can be retained if properly pruned to balance weight in the crown because of the lean Another tree to retain because of its agc and significance Old ivy vine is still iil the tree although cut at the ground level Dead old vines should be removed 27 11" Maple Fair At 8' there is a split stem with a fork ot 6" moving to the south co-dominant wit11 included bark at that point One-sided prumng history leaves the tree with a somewhat odd shape Preservable if ro erl maintained 28 14" Split- Flowering Plum Very poor Multi-stem growth with natural grafts ail�; stem much advanticious growth m great need 10" of professional care This tree is a mess The beautiful spring blossom period is probably the reason it has been kept to this point Very poor pruning history anc� in need of professional care It is in linc with tree #27 in the corner and can be retained based on the drawings, but neec� a lot of work to make a decent tree out o� it Basically I would remove and replac,� that tree rather than spend money tryinb to make it look decent Trees on this site vary as trees 12"and below, and above 12"in diameter The ordinance refei s �o trees "over 12" in diameter at 4' above the ground" However, I have included all of the trees lor consideration to give the greatest basis for decisions on which trees to preserve on the pro�c�t regardless of size differential The best example of this are trees#4, 5,6,7& 8 as described in lhe tree schedule When a full engineering drawing showing building and construction impacl �s available, I will apply the ordinance to �t for removal and mitigation specifics Following are tl�e general tree preservation specifications explained to ri}eet City of Tigard Tree Ordina�lc.e requirements � 5) _ Recommendations a) Before Construction Removal of trees for buildings and parking lot area 6 S M Bwlders//WLO&Assoc#0227 1) 1 he tiee clearing contiactoi should bc required to submi�and review wi�h �i�c developer and the Consulting Arborist plans for how the trees w►ll �e removed Specifically, the plan should describe the equipment to be usc cl, method of cutting,directions of fall as necessary,routes for removal of��ood debtis, loading area fo� wood and debris, llow trees to be retained will l�e piolected from damage in the piocess (both abovc and below ground) ��nd any other informahon necessary in a good clearing and removal plan �i� a sensitive, closely proximate, tree preservation area This plan mus' l�e approved by the developer and the Consultu�g Arborist before the cle��u��g begins and must be stiictly followed 2) As a prerequisite to#1 above,tree area protec,tion fencing shall be install�c� at the diip line of each tree to be preserved The fencing shall be orange pl��c, type, at least 4' high, wired fiiinly to steel posts, driven into the groun�! ��o farther apart than 8' O C , stretched as tightly as possible to give a smo��li appearance The fencing installation must be inspected and final app►��al given by the Consulting Arboiist before clearing, grading, or other �,��ki constiuction activity begins on the pro�ect 1 lie fencing shall only be mt��cd or temoved on written permission of the Consulting Arborist 3) In light of(1) above, rt must be made clear to lhe cleanng contractor tha� he will be held responsible for damages(as professionally appraised)to anv uee or trees marked to be pieserved, if such damage is due to contrac.lor ne�ligence by failing to operate �n a safe and prudent manner in the cleai ing, giading and tree removal opeiat�on 4) The Consulting Arborist must be notified at least 48 hours in advance ol uly work on the site,and will be on call during fence installation and site cle��ing work, and will also inspect without prior notice, to �nsure full compl�<<<ice with 1, 2 and 3 above b) During Constiuction During construction of the paiking lot and buildings,decisions must be made on-site by the Consulting Arborist regard�ng specific root impact/interface problc,ins, working closely wrth the construction contractor Long experience has demonsi► lled that this tecluiique is the best way to maximize retention of trees Often,only on-Site, �n specific refeience to lhe building l�iyout,exact location of build�ngs,parking luts, etc can these decisions best be made I ha�e been ietained by Miles Schlesinger to supervise tree preservation activities on this construction site, beg�nning to encl By , working closely in pre-construction meetings, meetings on-site with the contrac,tor, and as necessary on-site during near-tree construction, critical work around trec 5 to be retained can be done with the least impact on the trees c) Post Construction Therapy 7 S M 13u�lders//WLO&Assoc#0227 1) Ongoing mainteilance spec�fications required for all trees retained All tree work to be done only by State Licensed/International Society ol Arboriculture Certified Arborists, as directed by the Consulting Arborist a) Pruning to be done to Standards of the American National Standards Institute for tree work (see enclosed ff) 1) Dead wood, stub, hanger removal 2) Crown shaping as needed for better appearance/balance 3) Thinning foi wind sail reduction, where necessary, tree by tiee, as recommended by the Consulting Arborist Note thinning of any tree crown shall not exceed 10% unless specifically directed by Consulting Arborist b) Fertilization to National Arborist Association Standards, Soil In�ection method (see enclosure) 1) Formula to be slow-release, liquid with trace elements, with Mycorrihiza supplements 2) Specific ratio NPK and trace elements to be approved by Consulting Arborist in advance 3) Specific timing of application to be set by Consulting Arborist,but must occur only between July 15 and Augus� 15 of the first growth year following completion of construct►on work around trees unless specified otherwise by the Consulting Arborist c) Irrigation for the trees need be by natural rainfall only,except as may be modified by Landscape Architect and Consulting Arborist in relation to the designed-in landscape trees and shrubs (Plant�ngs under native tree species should be chosen accordingly ) d) Insect and disease control(plant healthcare)treatments,if any,will be based on specific need only The type, amount and timing of applications to be worked out by the Consulting Arborist in con�unctton with the Certified Arborist Contractor chosen to do the work 2) Monitoring Program I a) A critical element in tree preservation in construction trauma � impacted trees is periodic, ongoing inspection of the trees by the Consulting Arborist who 1) did the initial examination, and 2) witnessed the constiuction impact on a specific, tree-by-tree basis 8 S M Builders//WLO&Assoc#0227 b) Tree monitoring inspection should be done twice annually, Sp��z �� and Fall (April-May and September-October) for the first til<< c growth years following completion of consti uction, then (norma�I��) once annually thercafter c) Inspection findings for maintenancc therapics should be specificcl �n writing for necessary tree maintenance work 6) Summary The foregoing sllows what is necessary and possible to do on the site regaiding tree preservati��<<, both now and ongoing, how and when the necessary work should be done, by whom, and uii�� whose direct�on when the full construct�on plan�s available If tlle findings and instruct�ons he�� irl aie noled, obseived and cariied out as iecominended, the result can be a well done addit�on to ��c Crty of Tigard,wrth a preserved natural tree population that should not only survive the construc�i.,n but also be set up to eiiliance and endure for yeais to come Cerhf�cahon I cei tify that all the statements of fact in the foregoing Ti ee Reporl are true, complete and cor��t to the best of my knowle ld beli d are in good farth � - Z S' ��ri.� Wil iam O , S , M , Registered Consulting Arborist #114 American Society of Consulting Arborists Diplomate, American Board of Foiensic Examiners � 9 S M Buildeis//WLO&Assoc#U227 � S 1VI Buglders, Inc. Pro�ect SPECIES GLOSSARY Cottonwood Populus trichocarpa Apple Malus spp Plum Prunus spp Maple Acer platanoides Hawthorne Crataegus oxycantha Pear Callery spp Birch Betula pendula Pine P�nus sylvestris Pine Pinus conlorta Oak Quercus garryana / 10 S M Bwlders//WLO&Assoc#0227 ASSUMPTIONS AND L,IMITING CONDITIONS 1 Any legal description provided to the Consulting Arborist is assumed to be correct Any titles and ownerships to any pioperty aie assumed to be good and marketable No icsponsibilily is assumed [oi malters Ic�al ui c.haractci 2 It �s assumed thal any propeity is not ui violation of any applicable codes, ordmances, statutes, or other goveinmental icgulations 3 Caie has been taken to obtain all ulfoimation from ieliable souices All data has been veiified insofar as possible, howevei, lhe Consulttng Arboiist can nerther guarantee noi be iespo�lsible fot tlie accuracy of inioi�nalion provided by others 4 The Consulting Aibonst shall not be required to give testunony or to attend court by reason of this repoit unless subsequent contractual ariangements are made, including payment of an additional fee lor such seivices as described in the fee schedule and contract of engagement 5 Loss oi alieiation of any pait of this iepoil invalidates the entiie report 6 Possession of this report or a copy theieof does not imply right of publication oi use fof any purpose by any other than the person to whom it is addressed, without the prior expiessed written oi verbal consent of the Consulling Arborist 7 Neither all nor any part of the contents of th�s report, nor copy theieof, shall be convey«I by anyone, including the client, to the public through advert�sing, public relations, new� sales or other media, without the prioi expiessed wr�tten or verbal consent of the Consulting Arborist � r � � �� ^�s Wifh the American Natronal Standard for prun�ng, ANSI A300, spec�fications can be wntten n, a virtual mfin�fe number of combrnaf�ons The follow�ng rnformabon is des�gned to he/p you understana►exact/y what will be accomplished in a pruning operairon ��°ar�ch Size A minimum or maximum diameter size of branches to be removed should be specified �r, �il pruning operations This establishes how much prunmg is to be done Pruning Objectives Pruning ob�ectives shouid be established prior to beginning any pruning operation A30o provides two basic ob�ectives Hazarc9 Reduction Pruning Hazard reduction pruning (HRP) is recommended when the primary ob�ective is to reduc�. the danger to a specific target caused by visibly defined hazards in a tree For example, HRP may be the primary ob�ective if a tree had many dead limbs over a park bench AAaintenance Pruning Maintenance pruning (MP) is recommended when the primary ob�ective is to maintain ar improve tree health and structure, and includes hazard reduction prun�r�q An example here might be to perform a MP operation on a front yard tree Prunin9l'Ypes Hazard reduction pruning and maintenance pruning should consist of one or more of thn pruning types noted below Crow�n cleaning Crown cleaning shall consist of the select�ve removal of one c more of the following items dead, dying, or diseased branches, weai< branches and watersprouts Crown thinning Crown thinning shall consist of the selective removal of branches to mcrease light penetration, air movement, and reduce we�ght Crowrn raising Crown raismg shall consist of the removal of the lower branch�� of a tree to prov�de clearance i Crown Reduct�on, or Crown Shaping Crown Reduction decreases the he�gn, and/or spread of a tree Consideration should be given to the ability of a spec�e� to sustain this type of pruning V�st� Pruning Vista Prurnng is selective thinning of framework limbs or spec�f�c areas of the crown to allow a view of an ob�ect from a predetermined po�nt Crown Restoration Crown Restoration pruning should improve the structure, form and appearance of trees which have been severely headed, vandalized, o� storm damaged - over - NATIONAL ARBORIST ASSOCIATION S�anda�°d fo�° �e��z�� S�a�� Orn�m�nta� Tr�es (Revised 19ti� o�-r�o�uc-�a�� This standard serves to provide a guide in drafting specifications for the application of fertilizer to�hade and ornamental trees as well as a standard of practice Trees in the forest or commercial nursery eitf�er f�eld or conta��cr grown may have different environmental considerations and are not addressed in this standard It is suggested that the entire text be read before specifications are deveioped All of the foliowinq should be included soil test type of fertilizer fertilizer analysis rate of application time of year and method of application The purpose ot fertilizing landscape plants is to maintain satisfactory vigor promote healtf�y growth assist the plant �n overcoming the adverse effects of diseases or insects or to correct mineral element def�ciencies Plants require at least sixteen chemical elements for proper growth and development Three of these elements — carbon liydrogen and oxygen — are provided by air and water the other essential elements are obtained by the roots from the soil Niti ogen is used in large amounts by plants is easily leached and often volatile It may be necessary to apply nitrogen annually or biennially Vanations in methods and recommendations are expected in different regions Therefore it is recommended that so�l be tested every two to three years The test will report quantities of chemical elements calcium phosphorus potassium and magnesium The test wili also provide a pH reading which is a measure of the acidity oralkalinity of the soil The actual soil pH�nfluences nutrient absorption and plant growth through the effect of hydrogen ions on nutr�ent availability Each essential nutnent is only available to plants w�thin a specif�c pH range The presence of a chemical element(nutr�ent)in the soil is no guarantee that it is in a soluble forni available for plant absorption The concentration of hydrogen and associated ions affects soil reaction and the formation of soluble and insoluble compounds All nutnents must be in solution to be available for root absorption Foliar analysis for determination of chemical element needs is recommended for trees showing specific nutrient deficiencies It �s possible to have a soil test indicate that adequate levels of all nutrients are present in a soil and still have nutrient deficiency symptoms appear on a plant The nutnent may occur in a form that is unavailable to the plar�t There may also be phys�cal problems within the soil such as compaction poor drainage or poor aeration that can affect nutrient absorption SECTIOi�I A: T'YPES O� FERTILIZER I Orgamc Fertilizer — is that categorized as derived from a plant animal or synthetic �rganic source Nitrogen (N) occurs naturally in organic fertilizers (manures) and gradually becomes available far plant use as the mater�al �s reduced by microorganisms Synthetic organic n�trogen fertilizers are crealed by coating urea with sulphur or res�n-like matenals which make the matenal slowly available for plant use Organic fertilizers are characterized by a slow rate of nitrogen release long residual low burn and root �r��ury potential and low water solubility The higher efticiency of slow release fertil�zers rneans less nitrogen runoff to contribute to pollution of streams and subsurface water The unit cost of siow release te�i�lizer absorbed by the plant�s actually lower than that of readily available materials � I I Inorganic (Chemical) Fertilizer— �s that derived from chem�cal sources These nutr�ents are read�ly ava�lable �n the soil and are rapidly soluble with a short residual period I i I Soluble Ferttl¢er—is mixed with water and applied �n I�qu�d form Soluble fertilizers m�y be appliecJ to the fol�aye to the soil via the deep root feeding method or as a so�l drench treatment Soluble fertil�zers are usually inorgan�c and readily available but may be organ�c and slowly available Matenals with a I�m�ted solubility that dissolve slowly are often listed on fertilizer labels as water insoluble n�trogen — WIN (See EXAMPLE I page C-5 for WIN calculations) SECTION �: �ERTILIZER Af�ALI(SIS I New Plantings — use a high phosphorus fertilizer to assist in plant establishment such as those with n�trogen phosphorus and potash (N-P-K) ratios of 0-20-0 0-46-0 4-12-4 or 5-10-5 C1 II Eatabllshed Piantingn--use tert�lize�s w+it,N-�' K�ahos of�-t 2 ar 3-1 1 tar best respunse rhese icrmu�atlons rn�y be alippl�mented�mith trace e ernents as local condition&diCiate Nitrogen fert�lizers such as 21-0-0 3a-0 0 or 45-o-0 ettn be appli@d �f soll analysis�nd�c�tes no oiher nutrlents ar� requirPti Inprganic(water solublej nitrogen fertilizer,should be appl�ed annually Very I�ti'e availab9e nitrogen ren,a�ns in tne soil from yEar to ye�r since most oi it�s eithei used by plants�nrhen aveilable oi carried aw�y by wa1Pr 5y nthetic or organ c n�4rogen ;WIN) m�y be�ppiied bienn�ally due tc its slow availability PhosDhbrus and potassium are chemically bound tU the soil and become slowly ava,lable throu(�h s�veral c�row�n� seasons They shOUld be mcluded i i ferlilizFr -►pplicaUon �n rnosl casES ev�ry 7-3 years in either ;pring �r fall whiChever is mOre Convenient In light-textured or sand/loam soils potass�um must be applied anr��ially So�l tests every 2-3 yearc�re a must whEn us ng nitrogen fertlliz?rs �� o �� Q�� Import�ncQ o�F�ropser Rales--the ratPs suggested in this 5tandard sliou�d only be usod as a yu�del�ne for fert�liz,ng trees Specif�c so�ls antl toi�ar tesi rocommendations from umversity or prwete tes4ing f�bs should be toll�wed when atia�l�ible Good }udgement s necessary lu clelernnne whether fr�yuency r�te or m�thods �hould vary rn given situatio�s Trees oi the same speCieS m�y ieSponCf d�fferently to rates of feridizer due to loCat�on�n the landscape,soil conditions ralnfall and other environmental fact�r; Actual fert�l�zer rates should be ad�usted after cans�derm� on site inspeciions o1(ol�age coln� prewous stern or tw�g growth �eneral heallh oF the tree �r other pn�ironmerstal factors I Treneplan4ing--ferti�izationattimebftrdnspl2ntingisrecommendedtoass�stu�planlrc� establishmentandtos�pply phosphor�s necessary for rpot growtt� pecauso th�t�Inment rnoves very slowl��in soils Appiy 101bs a'phasph�te- containing fertil�zer, such as 0 20-20 Q-4F�-0 4 12-d or 5-10-5 per cub�c yard o`backfill A rate of 1a Il�� oi super phosp`�ate per Cul3fC yarcf is a�.�proxirr�ately equal to 0 5 Ib f9rtilizer��r bush�l �f back`ill II �sfablistt�d Plsntings— a) Square laa4 me4hod-- For apt�r�ur�plant t,�rowth il is gpnerally rec.ommr�ndecJ to apply 3 Ibs 4f actu3l nitrogen per 1 OOQ sq ft nf area unde tr�e branch spread of th6 tree par year, or 6 I�6 every two year^, If faliage color annual groK�th�r gener�l v�gc�r is not normal �ncrease annual appl�cation rate to�-6 Ibs Tiie surlace area under the c�rcular branch apread ui d tree czn be calculated as totlow� Suriace area=Radlu�2 x .3 14 The radius is the dl,tance from ihe trunk tc the edg�s ot tha branch sp�e�d As an exarrrpl� a tree w�th a tdtal br:�nch spread of 36 feet wpuld heve a rad�us pl 18 tee! The area according to the fcrmula wbu{d��ual 18 r 18 K 3 14 or 7 0�7 sq ft Consi�ering the recammendation o1 3{bs of actual nitrOgen�er 1 000 oq ft , one w�,uld app�y abeut 17 Ibs of 1 a-5-�t fertil�Ler 3��0 18 16 6 Ibs Ceutro� J�the a�ea under thE CirCUlar brarioh spr��d contains im�erv�ous surfaces �uch�� wa1ks dr ives and loundabor7s rherr�udgPme�r snourd b��axercrsed as ,o �n�he�hor fG uSe th� sq�lare foo� method fpr Caiculafron Fteduced so�1 �rea dnes not d�rnin�sh � treE�s need fr�r fertilizei howauer o4e1'-application pf fertiliZer C�n cause sod ano tree root da-nage Alternat��p fFrtilviny m�thods m2y'�ave to be uti'ized b) Di�m�ler t3reas6 M�gf� (DBFO) — M�as�are tli� trunk c�mmater st 4'� feet �bove yrade Generally f�t optimum qi'owth app►v Y<ib actual nitrogen per i��ch DBH to tree�s under 6�n�hes in dfaneter "CMe rate can oe in;,rea5�d to 'Ia Ib N pPr�r��h DBH for mosi trees over 6 inCh9S D8M Fertilizing tree5 u5irig the D8H fqrmula resu(is in S�nti'ar qu�ntities as the surf�Ce�i ea methoc� Using th�sai-nP 6 nch D8t I!i ee as above arul lertilizing with �/z Ib act�al�J per inch G�H would req�,�r� 16" ihs ol �R 5-7� 6 inche3(d�a ) x U 5 I!�/incli(rate) - 3 0 Ib (�mount o!hJ) 3 0 Ib �amount ot IV) U 1F3 (°ioN ir 18-�-11) - 16 7 It�s ol �8-5 71 C3cr�rc,� VV�th ,rees yrowing in r�5tnrtetl ateas such�S SidGw�lk�tr�ps pian�er, �tC the square �oo+ �neihed �s pre�eiabf� to lhc� pBH method c) Liqufd appUcal3on— p�lute fe i��ize� sofutions should ba app�ied at*he tate reCOmrriendCd by the ma�t�far,tursr according to operating pressure �r�d flow r�te of the cqu�pm�nt to be used Apply suNic�ei,t �iquid mixtUre to supply tl-�e r�qun�.d rate of Ee��ilizer as�c!r rn��ieci t�y the surtace 2rea of b�H method It �S 8uggeste� thbt one app�y 15G gallons �o each 2 Q00 sq !+ of suriace area n�ect approxicrately '�: gallon ot 'ertiliz�r solution oEr in�ection�� '�ft svacmqs c-z 1 Square foot method Apply 5 Ibs of N per 1 000 sq ft to trees on the lawn using 32-7-7 formulated fertilize� Calculation 5 0 (Ibs N) - 32 (% N) = 15 6 (Ibs 32-7-7 fertilizer) 15 6 Ibs fertilizer x 2 = 31 Ibs of fertilizer added to each 150 gal of water Each 150 gal of water covers 2 000 sq ft if pump pressure �s 150 Igs and in�ection spacing is 2'/z ft The pump can be calibrated by counting the seconds it takes to pump'/z gallon of solution into a bucket Eac1i operator should calibrate his pump counting off the seconds and use this same count and cadence whilc in�ecting the probe into the soil 2 Diameter at Breast Height Method Apply �/z Ib of N per caliper inch to trees on lawn using a 32-10-5 formulate�i fertiiizer Calculation 5 (amount of N/inch cal 0 - 32 (% of N in 32-10-5) = 15 6 Ib of fertilizer 15 6 Ibs of fertilizer x 2= 31 Ibs of fertilizer added to each 150 gal of water and applied as per grid above �� surface applicat�on problem � SECTION D: TIMOf�IG O� �ERTIL9ZER APPLI�ATeONS All of the following guidelines are sub�ect to regional and climatological differences Autumn is an�deal time to fertil�ze generall� after the first hard freeze and unti! the moisture in the soil freezes and root activity ceases In the southern areas of the country where the ground does not freeze root growth in many cases will continue all winter long Early spnng before budbreak is als� an appropriate time When leaves have fuily expanded fertilizing can continue until early July However treatments o( readil� available inorganic nitrogen between July and September could promote a late flush of growth which may not harden off befor�. freezing temperatures in autumn and in�ury could occur Mid to late-summer fertilizer applications should f�e limited tc correct�ng specific element defic�ency problems SECTIOP�I E: MET'h-90DS O� FERTILIZER /�PPLICA�IONS I Suriace applications—Fertilizer�s placed in a spreadercalibrated to apply the proper amount of material per 1 000 sa ft Care should be taken to avo�d excessive overlapping The application can be made in either concentric circies or ii� linear strips starting 2 or 3 feet from the trunk out to 5 to 10 feet beyond the drip line of the tree Only fertilizer sources that contain nitrogen alone should be surface applied Fertilizer should be applied when gras5 blades are dry After the fertilizer has been distr�buted it should be washed off the grass blades�mmediately using � lawn spnnkler or irngation system Fertilizer remaining on grass blades that become wet following a light rain or de�� formation occasionally causes burning To prevent the soil from becom�ng de(�c�ent in phosphorus or potass�um following annual surface appl�cat�ons oI nitrogen it is desirable to add these nutrients as needed according to soil analysis Without soil reports the NAA suggests phosphorus at 3 6 Ibs of phosphoric acid (Pz05) per 1 000 sq ft and potassium at 6 Ibs of potash (K20) pe� 1 000 sq ft Phosphorus will not burn grass if used at recommended rates Phosphorus should be applied with the dnll hole or liquid in�ection method because it is so msoluble and does no� move down to the roots �f applied as a surface treatment Caut�on potassium and nitrogen rnay burn turfgrass when applied at recommended rates Irngation of lawn area� should follow surface appl�cations of these fert�lizers I I Drill Hole Method—The drill holes should be placed in concentric circles in the soil around the tree beginning 2-3 fee� or more from the trunk and extend�ng 5-10 feet or more beyond the drip line Space holes 2 feet apart and dr�ll then� 8-15 �nches deep depending upon the tree spec�es root growth patterns and type of so�l �n the root area Th� recommended rate of fertilizer should be un�formly distr�buted among the holes Depend�ng on the d�ameter of thc� hole it can be filled follow�ng fert�l�zat�on with peat moss calcine clay perlite small crushed stone sand or other so�� amendment If the area beneath the spread of the branches�s restr�cted reduce the application in proport�on to the arPa or number of holes that cannot be made Use a suitable measuring dev�ce and a funnel to apply the fert�lizer �n the holes I� des�rable�n sodded areas the holes rnay be closed by pressing from d�fferent angles with the heel of the wor ker s shoe o� by cutting and lifting a plug of grass fill�ng the hole to w�th�n 4 �nches of the top adding soil and repiac�ng tt�e plug Keep the fertilizer at least 4 inches below the top of the hole in turf areas to prevent burning of the grass by dehydrat�on Irr�gat�or� following fertil�zer application will help prevent iry}�ry to turf however do not flood the area as d�ssolved fertilizer may br carned to the surface and cause turf �n�ury C3 When fertilizing trees that contain shrub or herbaceous plant beds within the root area of trees care must be taken not to punch holes closer than 6 inches to the crown of small plants Azaleas and other plants have been �n�ured or killed by fertilizer in holes placed too close to the plants The opening of the soil that results from use of the dnll hole method allows for penetration o(both water and air This �ncrease �n so�l oxygen supply is olten as valuable as the addrtion ol lertilizer I II Liqu�d In�ection PVlethod— InJections using a soil probe or lance should be 2Yz feet apart and 8-12 inches deep for trees Begin lance �n�ection 2-3 feet from the tree trunk and work out 5-10 feet beyond the drip line of the branches Use a hydraulic sprayer at 100-200 Ibs pressure and a soil lance designed (or liquid fertilizer with a manual shut off valve and three or four horizontal discharge holes at 90 degrees in its point In�ect half a gallon of fertilizer solution into each hole The addition of water to dry soil as occurs during the liquid in�ection process is an excellent side-benefit IV Foliar Sprays—To correct minor element def�ciencies spraying liquid fertilizer on the foliage should be cons�dered especially for correcting iron deficiency using chelated iron This method should not be regarded as an adequate means of providing all the necessary mineral el� nts required by ma�or element-deficient plants in the amounts necessary for satisfactory growth Micronutnent spray applications are most effective when made �ust before or during a period of active growth usually from spring to early summer Response as indicated by greening of chiorotic fol�age and normal growth coming from buds on affected shoots is usually observed from 2 to 8 weeks after treatment but response time varies Factors in response time include the plant species age of plant and its parts time of year seventy of the deficiency and soil conditions under which plants are growing One or two applications dunng the year will generally prevent or control deficiencies but under some conditions it may be necessary to make several treatments annually to maintain healthy growth V Trunk In�ections and Implants — These methods are used for specific element deficiencies particularly iron or manganese as well as for trees growing where there is restricted soil surface area under the drip line In�ections or implants should be made as low as possible on the trunk Normally this is done with a clean sharp dnll of the appropnate size Capsules should be implanted beneath the bark and completely into the xylem tissue Early spnng before growth starts is the best time for trunk implants and in�ections Wound closure is most rapid from spr�ng treatment Trees under 4 inches �n diameter should not be treated with in�ection or capsule implants Do not in�ect or impiant when soil moisture �s low as severe foliar burning may occur SEC�'IOf� F: ADDIT90�lAL �ERT��.IZE6t GIJ�D�L9NES Proper and timely appl�cat�ons of fertilizer will produce beneficial results on most trees Newly established trees will grow more rapidly following fertil�zat�on with a nutrient or comb�nat�on of nutnents that prev�ously were present in only I�mited amounts in the soil The results are shown in increased leaf size length of current season twig growth and more rapid increase in height Slow-growing tree species may also be stimulated to grow faster by fertil�zing Abnormal leaf color and small leaf size often�nd�cate nutrient deficiencies in the soil Vanous colors or patterns of color�nd�cate defic�encies of spec�fic essent�al nutrients The leaves of many trees become darker green following fertilizat�on mak�ng them more conspicuous and attractive Fertilizing can help maintain mature trees in a vigorous growing condition A vigorously growing tree is more winter hardy and less susceptible to many diseases and �nsect pests tf,an �s a less vigorous tree Canker caus�ng fungi occur more commonly �n weakened trees Also many of the non-�nfect�ous tree d�seases develop when so�l nutr�ent oxygen and mo�sture cond�t�ons are un(avorable Healthy vigorous trees tend to resist bo�ers while those growing under unfavorable moisture or nutrient conditions are more susceptible to attack by these insects Established trees weak�ned by leaf diseases �nsect defol�ation mechan�cal in�ury soil compaction drought or other causes often show reduced twig and trunk growth or dy�ng of branch ends Fertil�zing�may st�mulate additional growth so that the plant can compensate for the adverse cond�tions that caused decl�ne I To Prevent Plant In�ury —Avoid use of lawn fert�lizer/herbic�de combinalions where the roots of desirable and sensit�ve vegetation could p�ck up f�erb�cide Herb�c�des for use around trees should be appl�ed separately at the rates suggested on ti�e label I I Fertilizing Sensitrve Plants — a) When fertil�z�ng Amer�can Beech and broadleaf evergreens reduce appl�cat�ons ot�norgan�c fert�l�zers to one half the label-recommended rates oi fertil�zer or use slow-release mater�als �nstead b) Be aware that over fertilizing small trees such as flowering crabapples can result �n excessive succulent growth Succulent growth is more prone to fireblight symptoms on susceptible plants such as pear Jonathan apple and mountain ash C4 �� FertQize in Moist Sods— Fertilizer should always be appl�ed to mo�st so�ls to enhance fertil�zer uptake reduce fertilizer in�ury to plants and aid in soil in�ection ordrill hole treatments If soils are not moist �rngat�on should precede fertilization to moisten the plant root zone area The liquid in�ection method of fertilizing trees and shrubs w�ll help moisten the soii in the root zone while applying desired nutrients The benefits of water in dry soil will reduce nutrient as well as moisture stress IV Fertlliz(ng Excessrvely Wet Sods—Avoid fertilizing trees growing in soil that is excess,vely wet The roots in wet soil are often damaged from lack of oxygen caused by the accumulation of toxic gases Adding fertilizer in any form may contr�bute to root in�ury V Read the Label—Read the entire label of any fertilizer product before application and apply per label recommendations EXAI�IPLE 1 Slow release fertilizer is measured by the percentage of water insoluble nitrogen (WIN) Use the following formula to determine the percentage of water insoluble nitrogen in a bag of fertilizer %of WIN x 100 = %of N that �s slow release %oftotal N Example for a fertilizer Iabei that reads 32-7-7 Guaranteed Analysis Total Nitrogen (N) 32% Water Insoluble Nitrogen 12 5% Nitrate Nitrogen 2 0% Water Soluble Nitrogen 17 5% Available Phosphoric Acid 7% Soluble Potash 7°/a 12 5%of WIN X 100 Ibs of fertilizer _ 390�0 32%of total N 39%of the available N is slow release SELECTED RE�ERENCES KUHNS LARRY J 1985 Fertilizmg Woody Ornamentals Cooperative Extension Service The Penn State University NEELY DAN 1980 Tree Fertil�zing Trrals Illinois Journal of Arbonculture 6(10) NEELY DAN and E B Himelick 1971 Fertilrz�ng and Wafering Trees Illinois Natural History Survey Circular #52 RATHJENS RICHARD and Roger Funk 1984 Gurde to Turf Trees and Ornamen(al Fertilrzat�on Weeds Trees&Turf Magazine (October) SMITH ELTON M 1978 Fertilizing Trees and Shrubs in the Landscape Journal of Arbonculture 4(7) This Standard was revised in 1987 with the assistance of Dr Elton M Smith Ohio State University Columbus OH J C5 �..�' � s�� 3 ^—�� vb[�w.��eaG4'��W„csl�c.:— Y.iC`T—.~ � _�ti .f 1- � e� — — �, '_ __�..___..+l�a ' mi. �T ^ _'r _�._=e"T��c� .. � ��v � �.� +�,..,��-,�`-�o - --� �..�.;cvv`L..K� *, a� -"*r-�+5,,`-�s--=K ' "° ` �-a,��-^rc+-'�'� ''.:^�s� _�-. � .c �- s—' :_.t�s�_.`^ o��_aY�v � _ �—�s_ �� r �PRE=A�PP�I'ICATION CONf E'RENCE NOTES �� t(Pre=`Application Meebng'Notes�are 1lalid for3ix'(6) Months, 's��Communtty RESIDENTIAL ��tca� � �JlZ9/�L ��a�a� �. �;�R�--- APPLICANT � S��►I�S r�u�� AGENT Phone j�,) 9 6 S- bSoo Phone ( ) PROPERTY LOCATION ADDRESS/GENERAL LOfATION I D I Za S�.✓ I i q c�-�u� TAX MAP(�/LOT #(S) 5 f 3� L� - [��lol? NECESSARY APPLICATIONS S�3r�c vi s r oN CS✓R� �or �I� ��¢5 'o1e- M�NO2 Ga�,� ��rtn�o� (M.LP) r�3 !� PROPOSAL DESCRIPTION L�uc.�t, q/a� �bM y tx�u.�s �o�' S (o�s �-�o^^ 2 va�c�.l� f br' 3 ��5 �'o-� COMPREHENSIVE PLAN / MAP DESIGNATION �w �►.n51�y RP�,r�17a.I ZONING MAP DESIGNATION R- y. 5 CITIZEN INVOLVEMENT TEAM (C I T)AREA �M,�,��. I��cs wr{G�� SOP� vF ��.s f ZONING DISTRICT DIMEt�SlONAL REQOIREMEPITS [Ref�r to Code Sect�on 18 510 ] MINIMUM LOT SIZE 7S� sq ft Average Min lot width S� ft Max building height ft Setbacks Front �ft Side S ft Rear��ft Corner 1�ft from street MAXIMUM SITE COVERAGE _�°/o Minimum landscaped or natural vegetation area_�% GARAGES�ft � NEIGNBORHOOD MEEIING [Refer to the Neighborhood Meeting Handoutl �r 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 maifing date and the meeting date is °�' required Please review the Land Use Notification handout concernmg site posting and the meetmg notice Meeting is to be held prior to submitting your application or the application will not be accepted P�. �� ! � _ _ CITY OF TIGARD Pre-Applica6on Conterence Notes Page 1 of 9 Rosiden�al AppGca6oNPlamm�g QNSan SocUon - .,��3 r��-��-x:�--��-* � -�z' • .. .. - f�' �ARRfiild�-_[Refeeto6.bd��h�= ��=�9�'�;��W �-�- --�- �- -- K � =_ �-~ j4 �� . � _�--� '� �� -� rovid indr�gs^based-on the�a��J��k�.��_�� _� _ -'��Ttt��,�P.,�?„i.��: A��. � T�� P _ - - V�� -� �' _ � or adequately�.�dress critena would be reason to ��_.� �� consider an application incomplete and delay review of the proposal The apphcan should �eview `� the code for applicable critena �j IMPACT S�19DY [Refer to Cod�Sections 18 390 040 and 18 390 0501 As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE AN IMPACT STUDY with their submittal package The impact study shall quantify the effect of the development on public facilities and services The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development For each public facdity system and type of impact, the study shall propose improvements necessary to meet City standards, and to mirnmize the impact of the development on the public at large, public faalities systems, and affected private property users In situations where the Community Development Code requires the dedication of reai property interests, the applicant shall either specificaliy concur with the dedication requirement, or provide evidence which supports the conciusion that the real property dedication requirement is not roughly proportional to the pro�ected impacts of the development � AC��SS [R�fee to C�aaptess 18 70�and 18 76�1 Minimum number of accesses �s�- O,w l5 ��- �� Mirnmum access width Minimum pavement width o�L w� t 3+��+s ►o�l-�-�-2�� z.o� � 3tvn ��'S ❑ W�LK�NAY REQOI�E�iE�i'S [R�f�r to Ca��C�a�ter 18 70�1 Within all ATTACHED 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 � ��S��T9AL DE�SaTY CAICOLA�Ob [��t��to Cade CB�apt�r i8?�5l-S€��tiPl��i�IN 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 �pplicable zoning designat�on Net development area is calculated by subtracting the following land area(s) from the gross site area All sens�tive lands areas mciudma V�«y ��y'�� °^ ex��°� �°J�� > Land within the 100-year floodpiain, �-v�c,� � ��,�rc�� r,�c,L�c�C� i Slopes exceeding 25%, > Drainageways, and � Wetlands for the R-1, R-2, R-3 5, R-4 5 and R-7 zoning districts Pubiic riaht-of-way dedication � Single-family allocate 20°/o of gross acres for public facilities, or ➢ Multi-family allocate 15% of gross acres for public facilities, or : If availabie, the actual pubiic facility square footage can be used for deduction �IPL�0��ESiD�NTIAI DEHSI�CALC�DLAT90�S EXAMPLE USING A ONE ACRE SITE IN THE R 12 ZONE(3 050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS Single-�ami9g Mu��-�am�9y 43 560 sq ft of gross site area 43,560 sq ft of gross site area 8 712 s4 ft (20%1 for public riqht-of-wav 6 534 sq ft (15%)for public riqht-of-wav FlET 34 848 square feet NET 37 026 square feet — 3 050 (minimum lot areal — 3 050(minimum lot areal = IIItS er C8'e = �11tS �r C9'C �ihe Oeuelapme �u(�,r.�s�at�eyy f Inp unft�0 SOU�OINC UP IS PERMITi�D � _ , :.__ `.�_ --��;�.�,... t _ sTq�na�o mu�ne�Y E�m. ��L — � r�.��- -�..�.�.� -- CITY OF TIGARD Pre Applica6on Conference Notes Page 2 of 9 f��denhl ApphcaUo�uPlannmg awsion Sochon _ .. sc-"=-,-��.w�Sc_ '°r;*-_'a'-�..�� .-'�a1�x � �,o�L�a$'�� ' � �-- e � .,.. � _ ��- -'� �t t -y �� s � � _ Y'� - - ^ t c ^..2'°..g'.�"'.-;. .�r, �*rai�� .�ry,r� ., ` - _ - � �. ;-w: -.�. _$PECl�b��L��-�� `� � .°.� _ N k i ^- = F�.�;n "---�1 �]� � � �.�., ~��.: , �.... :�...�� -..�. �.. ��.- , _ � s .��.,�� ¢ � � , .� .:��- - - .�_��,�m��...:..T��. ��--�,��--��---��"��-��_ nterlin�. ,� - _ _, ��_�� . _ � �_ -..� � .____ _--__�_____ � ➢ F G LOT A TEN (10)-FOOT SIDE YARD SETBACK applies to all p�imary structures ➢ ZERO LOT LINE LOTS A minimum of a ten (10)-foot separation shall be maintained 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 applicab6�zonmg destrict for�h�promary st�acY��es'setback requorcm�nts.l � �iA6 L0�BUlLDO�G HEl6NT P�OdISSONS [R�fee to Cod�Criapter 181301 MAXIMUM HEIGHT OF 1'/2 STORIES or 25 feet, whichever is less in most zones, 2'/2 stones, or 35 feet in R-7, R-12, R-25 or R-40 zones provid�jd' that the standards of Section 18 730 010 C 2 are sat�sfied Unli.�h st-Ne{� b7 u.c�e�ttcu� S�T", ��S�un�dS w��u.Q(��Y �D'stc�2, .� s2�o�� a sJ u.��s� r ❑ �U�F€R�N G A�D S��E E@�9 N� [R e t��t o C a d�C h a p t��1 8 7 4�1 �� In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPACTS befween ad�acent developments, espeaally between different land uses, the CITY REQUIRES LANDSCAPED BUFFER AREAS along ce�tain site penmeters Required buffer areas are described by the Cod� in terms of width Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between verticcl and horizontal plantings S�te obscur�ng screens or fences may also be required, these are often advisable even if not required by the Code The required buffer areas may onlv be occupied by vegetation, fences, utilities, and walkways Additional information on required buffer area matenals and sizes may be found in the Development Code The ESTIMATED REQUIRED BUFFERS a�olicable to vour orouosal area is Buffer Level along north boundary Buffer Level along east boundary Buffer Level along north boundary Buffer Level along east bound�ry IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG '�' LANDS�APf�� [R��ee ta Cade C�aa�ters 18 745,18 765 and i8 7051 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than 100 feet in length Street trees must be placed either �vithin the public right-of-way or on pnvate property within s�x (6) feet of the nght-of- way boundary Stre�t trees must have a minimum caliper of at least two (2) inches when measured four (4) feet above grade Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity Further information on regulations affecting street trees may be obtained from the Planning Division A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect Landscaped parking areas shall include spec�al design features which effectively screen the parking lot areas from view � R�CYCLING [Ret��to Code Cha�t��1�755] �� Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY Locating a trash/recycling enclosure within a clear vision area such '�y� as at the�ntersection gf t�_p T d� arkmg lot is prohibited _Much of Tigard is within - �_;�,>��-�1 �� erson� �s - K y . E3 � l u�u v'� CITti OF TI�P,RD F'e A�plic:.��Cen erei}c�P�otes Page 3 ot 9 �' ic �u�IAPP i nnrl,�i i�9L�� on��t��m - ` � "�z.�`^�=�`�"'�.':�,1,�y--+r��s'c�N-��A�wd�d'x'� ��522''"f?"�G:r'.�-c°"'�+ " . ,. �` �,y{''�..-'�,`_..��i+�'�_F°' ---� �� PA��o cdd�C�°:� � � � � -��-� T �.��M�= �=��-�'��s F,. .� . .,a � a ..�i +.1� stuw�',�+P"5 e fi�F'tii �N 1 4Fr$ n 5 �' "F� � e, ,m�'yrcr«......��-�w.wattl�aa ��w�+w.r�rfv�.+ 1i..L- �,�....r„�;1,� � �� f .�L � � �'i4i/ED��, ,�,.��.��.-.�,�� ...�.�-� � _ x-r,�..-��"'�-�,`�"� '�"P'j _ -'�r >�--- ..='�.` P�-��r t`" ^ " --°-_—`".. �.�.5�.-w�--�°s,s��,..�_.e� ➢ s Single-family Reqwres n� 1 -street parking space per dwelling unit, and 1 space per urnt less than 500 square feet ➢ Multiple-family Requires 1 25 spaces per unit for 1 bedroom, 1 5 spaces per urnt 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 shail consist of 15% of the total required parking NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES Parking stalls shall be dimensioned as follows :- Standard parking space dimensions 8 feet 6 inches X 18 feet, 6 inches :- Compact parking space dimensions 7 feet 6 inches X 16 feet, 6 inches � Handicapped parking All parking areas shall provide appropriately located and dimensioned disabled person parking spaces The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA) A handout is available upon request A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted ❑ �9CYCiE RA�KS [��e�to Cade S��tioaa 1�7651 BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL DEVELOPMENTS Bicycle racks shall be located in areas protected from automobile traffic and in convenient locations ❑ S��SiTly�L��S [Ret��t�Cade C�oapt��8�d�l 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- appiication conference based on available information HOWEVER, the resQOnsibilitv to precis��v identifv sensitive land areas and the�r boundaries is the responsibility of the aoQlicant Areas meetina the definitions of sensitive lands must be cleariv indicated on plans submitted with the development aQplication Chapter 18 775 also provides regulations for the use, protection, or modification of sensitive Iands areas RESIDENTIAL DEVELOP1�lE�JT IS PROHIoJ i ED WITHIN FLOODPLAINS ❑ ST�EP SLO��S (Refer to Code S�cvon 18 775 Oi0 C3 When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be submitted which addresses the approval standards of the Tigard Community Development Code Section 18 775 080 C The report shall be based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18 775 080 C � CLEAHV�A�R SER44�CfS[CWSI ��6��R STAaDARDS (R�fer to R�0 9�-44/9BS�ReguGa�ocas-CE�aptee 3l LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a 5��<<-�- vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive Pr�✓��area �� Desiqn Cnteria r� The VEGETATE� COf�I.Q� l�T �is„��1��ertdent on the sensitive area The following tabie �..--T,- °�-�. ...�-,, d...�,�, �� - _ -� CITY OF TIGARD Pre Applicahon Conference Notes Page 4 of 9 Rc �dcnh�l A�rlicihai/Pl�nning LSwsim SaLrn --- ' ..�k,,�Tr.r��-rr--'�_-°-<-7�-°�i��--�'.�,�,�,' i � � ' - -- - - - - - - r-�--m._--�t-�'�.,__-�- -��r- .c,,."s� n i� _ - ' �_ � .�.��.�.-r��=T� - t - � - ' � - ^ �, .x F�+�"v�y�N�vr��` �r . �k��3 Jw��"� � IDOR INIDTNS_ _ -- _ , �.._ _ z_ �.. _. _______._�_ .� ,.,.�_ =-�•� � �� r '�a. a r a --, _ .�-. �-a `-- ��_ - ° SENSITIVE AREA DEFINITION . � �-— + - - ' - '� x , TO SEI�SITIVE AREA CORRIDOR PER SIDE • Streams with intermittent flow draining �25% � 10 to <50 acres 15 feet � >50 to <100 acres 25 feet • Existing or created wetlands <0 5 acre 25 feet • Existmg or created wetlands >0 5 acre <25% 50 feet • Rivers, streams, and springs with year-round flow • Streams with mtermittent flow drainmg >100 acres • Natural lakes and onds • Streams with intermittent flow draining >25% � 10 to <50 acres 30 feet � >50 to <100 acres 50 feet . Existing or created wetlands >25% Vanable from 50-200 feet Measure • Rivers streams and springs with year-round flow in 25-foot increments from the starting • Streams with intermittent flow draining >100 acres pomt to the top of ravine(break in • Natural lakes and ponds <25�slope) add 35 feet past the top of ravine3 StarUng point for measurement = edge of the defined channel (bankful flow) for streams/nvers delineated weUand boundary delineated spnng boundary and/or average high water for lakes or ponds whichever offers greatest resource protection Intermittent spnngs located a minimum of 15 feet within the nver/stream or weUand vegetated corridor shall not serve as a startrng point for measurement ZVegetated comdor averag�ng or reduct,on is allowed only when the vegetated corndor is cerUfied to be in a marginal or degraded condition 3The vegetated comdor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated comdor The 35 feet may be reduced to 15 feet,if a stamped geotechrncal report confirms slope stability shall be maintained with the reduced setback from the top of ravine Restnctions in the Vegetate Corridor NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as prowded for in the USA Design and Construcfion Standards Location of Veqetated Corridor IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a separate tract, and shall not be a part of any parcei to be used for the construction of a dwelling unit �CWS Sennce Provider Letter PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive area requirements If there are no sensitive areas, CWS must still issue a letter stating a CWS Service Provider Letter is not required ❑ S16NS [Refer to Code Chapter 18 7801 SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard A "Guidelines for Sign Permits" handout is available upon request Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application Alternatively, a Sign Code Exception appiication may be filed for Director's review �TREE REMOYAL PLAN REQUIREMENTS [Refer to Code Secdon 16190 030 CJ - - - - AND PROTt Ol�l OF RE � re ared�b a -- ��r�� - _ -=a �� or conditional use is filed Protection is pr s ble --�.�r �4� �� 1 Pp .�.IR�N "••�•.— Ix,r +%�ro--�+.., �..^�y+-�`�.rM.,,,�i 4`s.ly � � CITY OF TIGARD Pre-Applicabon Conference Notes �;��i�,��x �'a�,*,��-� � ,�3�-'�,,��u;}�� page 5 of 9 � . Res�den6al Ap�Ca6onlPlanNng UvUan Sechon �,-�a��;��,� v� -�Sa;r�,-,�jy ��,,f�n ' vr �`f^z h�. ,, , p t r ��`C4 f '�,�r M'� f J — -'"'"_ — "�t'�.'_rf-�-�,.,-_��at71. _/_ � --<.t s. Y-,+�.a.sa.�`� t�p` s -- < _�f_t � — .��. ".._�'�#��'�_ _� j �. �..�..1-- a t=��rr Y?"�r"��,'-�-+`r�''''°'i-'K`'i�`�'^� +arw sy1�s r��a -� '-''�5uv F2�rrw� �" i"'`i�'�'" ��..�-�� '��.�� .. '�� ' 2 nc��On,,�`�I�xIS��+��g�'e�q��tk��6- ��' -_ _ - _ti�L'a.�° 5.� _ _ _.`.'� y ....l�.; -:sa c4��, ��y�_a'-�.��y�� ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper Mitigation must follow the replacement guidelines of Section 18 790 060 D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots . Retainage of less than 25% of existing trees over 12 inches m caliper requires a mitigation program according to Section 18 150 070 D of no net loss of trees, o 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°/o of the trees to be removed be mitigated according to Section 18 790 060 D , . Retainage of 75°/o or greater of existing trees over 12 inches in caliper requires no mitigation, ➢ Identification of ali trees which are proposed to be removed, and � A protection program defining standards and methods that will be used by the appiicant to protect trees during and after construction TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and wiil be replaced according to Section 18 790 060 D �MI�i6A�0� [Ref��to Codc S�c��n 18 790 060 El REPLACEMENT OF A�REE shall take place according to the following guidelines � A replacement tree shall be a substantially similar species considering s�te characterist�cs � If a replacement tree of the species of the tree removed or damages is not reasona�ly available, the Director may allow replacement with a different species of equivalent natural resource value � If a replacement tree of the size cut is not reasonably available on the local market or would not be viabie, the Director shall require replacement with more than one tree in accordance with the following formuia . The number of re�laceme�t 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, either public property or, with the consent of the owner, private property ➢ The planting of a replacement tree shall take place in a manner reasonably caiculated to allow growth to matunty IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the consent of the Director, elect to compensate the City for its costs in performing such tree replacement � CLEAR��SIO�AR�A [Refee to Cod�C�aap��a 18 795] The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections The size of the required clear vision area de ends upon the abutting streeYs functional classification and any �<�.. � - �P_°.' - - � �r � f N 4 CITY OF TIGARD Pr�Application Conference Notes Page 6 of 9 r �d�„�y a�r�c�hoNf'linning DmSion SetUOn b��-� ��r��.k�.6�i..'�'f a'hr�`""' .w�w'��`i+".+.a,ci� . - `4 j „-'N--�i.K`p��M��,}� ��°�,5e�y�-,��y'��'�A1 a!S-e�-v..x..� �5. �� - ��_Y.]mOi. _ — �ha _ �-~T�^er�A.�iO L�� rc.r�L-w-,'�P�-�+"r2Y,-P��+V--d"°"w�2 �"' � �— —__ ShwVJ _ �_ d s ,��ti ��;:��--�:.��-��.�,.��--�'�- �Co[��S�Ctio�a�,610 030�J-� Y D�° ~ c�e(��r�--��, _ � _._ —=bSF.95�" k \ Si 4 f ��- 4 �� e i e y e applicant in con - - ► n Tfie ' plan shall show the pattern of existing and proposed future streets from the boundaries of the proposed land division and shall include boundaries 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 �AD�9�OP8AAL LOT DI�E�SIO�A�R�QOIREME@dTS [R�fer to Code Section i8�10 0601 ,�-� MINIMUM LOT FRONTAGE 25 feet unless lot is created through the minor land partition process Lots created as part of a partition m�st 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 2Y2 TIMES THE AVERAGE WIDTH, unless the parcel is less than 1'/2 times the minimum lot size of the a plicable zoning district 1��' �� vI ��D/l� ��LOCaS [Refer to Code Se��mn 18 810 0901 � v � 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 naturai 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 ��E CHAPTERS _ �H 33O(Condrhonal Use) �H 6ZO(Tgar�Tnangle Des�gn Standards) `� 1$ 765(OffStreet Parkin�/Loading Reowrements) _ 1$34O(Directors Interpreta6on) �18 630�'ashington Square Regiona�Center) _ 18 775(Sensrtrve l.ands Fewew) _ 18 350(P�anned�e�e�oPment) �H 7O5(Access/EgresslCircula6on) _ �H 7HO(S�gns) _ 18 360(Srte Development Review) �H 7�O(Accessory Residen6al Un�s) 18 785(Temporary Use Ferm�s) — �H 37O(VananceslAd�ustrnents) ��H 7�5(Densrry ComputaUons) �18 790(iree Removaq _ �H 38O(Zoning MapfText Amendments) �$7ZO(Desgn CompaUbdity Standards) � 18 795(v�sua�Clearance Areas) �8 385(M�scel�aneous Permrts) �S 725(Enwronmental Perfortnance Sfandards) 18 79S(Wireiess Communicavon Faal�es) _ 'I$39O(Decsion Mlawng Procedures/lmpact Study) �S T3O(Excepbons To Development Standar�s) �18 81 O(Street 8�Uti�iry�mprovement S�ndards) � �H 4�O(Lot�ne Ad�ustrnents) 18 740(H�stonc Overlay) _ (—��18 420(�and Partrbons) 18 742(Home occuPabon Perm�) �•j�8 430(Subdnnsions) �1 H 745(tandscaping&Screenmg Standards) ✓ �H 5�O(Res�den6al Zoning D�sficts) / �H 75O(Manufactured/Mobil Home Regulahons) _ 1$52O(Commeraal Zonmg D�stncts) _.a�_ �8 755(Maed So��d Waste�Rec,yding Storage) _ �H 53O(Indusfial Zomng Dxficts) �$�6O(Noncanfortning SduaUons) --_ -- -- _ - - > _- - - — -- - - — .� ��.�..�.n�u�, �.�ra�,-+�---r x�.A aa -�°r.-+ �-� �•:s_ +..WFrw+..*�a4�p�,�+ .(lassernnvwa.sw �wa-w�f.e,sYe -+. � �+�.c^•uf��1 9p L#. 0 L' Y �X� "` J�r°'Shi ti +.� a'�"1 r,a � f d"qz..��J � v vt�.H`.. c--�:- CITY OF TIGARD Pre A IicaUon Conference Notes x--�rq �--��r�=F, -s='"r"'a� "''-,,,,°� ` � �' � yPage 7 of 9 Re den6al Apphcabonlf'lanning Drvision SecUon x�'^'"�'"o��"'��'�',�,�y�',1'�`.�y�y��`'"Lt'� r � =t2!r s� '> � 6 _ ��Nt�.��1�ar{'.+'��NtSer�t �lt��l.�'.m'��"iT ^ � � t ��' � � .� �+. Sw,fnfs •3- �an�N�4a hu+-ra.-i� +-v°i.._�-+- �f�'s!�r��^�hi.�S"�xica.es5�r�v.�i�r.u�u � - ...`3�4'C'L"„�° �2��'�..-1`�.��'---e„�m'az"'as '_�H-'�� r�'"i-a.�Y a R�tk�{`�.�� +xr y.�� =�s--9- �,y`'�'��s:-r� y�S'+.��"..'+L F 5�.�''��.'OOaST�f`�J��F'� 4 � + f``�r�.�r La+�..�._`..'+.°C,P+.hW y j:-`Y.`� =�_�r•.�n pS y ..��.�.�.. __ -� — -.�:<�DI��.��---��-�� - — � .� r - , -�_,; -.. ��;� �;-�--� �� '� � �� f f i � 1'1[ � F 'Y ?�2 � � �—� c.,".x�'� — — — - -'-��-`—.�'�'.� .:-�'�"�." - �4 � � x aV f i -D-ZtJ - - - - - - -- �r - h _ � ----.� p/��.n w.�.rc�cT_�'G�. S�[p�f' 4�L�,n h G�l re '�'�i�u.�ao�Q-U vC�L ct,,/`eq I S �F-�- �o r 'f'�,,,� r.�e�re,1 � ,��r �a� �o �� t,i/0-rlu. �� !►'� n l. S � 5� � ri CC O / ✓t ,l.t. �C �ti � � 1 9 0� d IJo�lc. r n a roun c� ✓i/'e� o n 7 !�J� �.� ( � c,� ��w. ' C�PF�� S4•nr.e�-z, c�.� o � �. Su✓ �A �v b v.-� r(� PROC��URE / �/ Admmistrative Staff Review Public hearing before the Land Use Hearings Officer Public hearing before the Planrnng Commission Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council An additional pubiic hearing shall be held by the City Council APPLICAY60N SUBM9TYAL PROCffSS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices PLEASE iVOTE Applic_ ations submitted by mail or dropped off at the counter without Planhing Division acceptance mav be returned The Planning counter closes at 4 00 PM Maqs subm�tted with an application shall be folded IN ADVANCE to 8 5 by 11 inches One_(� 8'/z" x 11" map of a proposed pro�ect should be submitted for attachment to the staff report or administrative decision Application with unfolded maps shall not be acceated The Planning Division and Engineermg Department wdl perform a preliminary review of the - — hin_30_da s_of_th� counter�� _ _ _ _ _ A _ 73.�L.w� .. Y� l ," � Yn`�aMryd� �� .. CIN OF TIC�RD'Pre=A�plicatio�Conference Notes `�-��"�}'�""�=�� `��'`:'��-" -�''�"`��tlrY�'��"� `Page 8 of 9 ` � RCSIdCf1U� �IN �IYIStOfI$6Ch0I1 s^ �•• `J*.1 �?a�J�.y�tr �t,�w��l+. � . n f�+w ,.�L.`hC�lz i-'�- v APP�C3baVPl �9 5'.�...."'� '!1'".2�:`�'.�lC t�C...''�pc�''�t3'.lr�+'ma v' ��rytiaaq°ds..,.� t - 'y".*tt " � ��c°�y2,�,a�� _ n ��i � i y �5'��`4s"'�`e f'��rt�^�,,�',7�"'`-�`�'��p,��a 1� �� - r > _ -i. � �rcaf�rsv.�. 'M. �s .k- ,� �a+ +.�a -��ih 3�td+�kY5<-^'� r� �,^c+•t^�^�� r�-ar ms � ��xir_*rt�c.� n- �`F'^Y� � � ��°`"� _ _ � .Q,.�.c�_:�le._— "� �r'" _ -.�� qQ' -a�r C.� . ., _ ,,. �.. -_ — -._,� �'=z�� i` t-�,;�di�Q_"' .".��++-}��.�m�.i��s °'.F'� '�.:�-- '- T - _ "' _ arn.Y�`..'-�5. ��°'"�"e°"^' F��ya,..ns 3rs3 —_ + - %�ar=r-�-�'-�--" c 2 n_ .,:_��,�},n`r�.a, s_ '__ _-.,i�.s<s M i�•nxzr••�.. sr• — �.�5 r� -� � � 's �v--�= _ -� � a�. , ��Cl�_ `��EIf1�8tEG�c Y�Q^� + .V��tr� ,�{ _,��-�s.�- ..4� �.� �� °�� "�� x , -- -- f�f I` � z�3U C - heann gP A 10-day public appeal penod follo ali land use deasions An appeal on�this matter would be heard by the Tigard j-�.cc.r�•�c,s D..��✓' A basic flow chart which illustrates the review process is av lable from the Planning Division upon request Land use applications requiring a public hearing must have notice posted on-site by the applicant no less than 10 days prior to the public hearing This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE INTENDED TO INFORM the prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site SO�DIdISION PLAT NAi�E RESERdAT9�N [Coun�y Sa��r's Of�ce 503-648-8884) PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants are reQUired to complete and file a subdivision plat naming request with the Washington County Surveyor's Office in order to obtain approvallreservation for any subdivision name Applications wilf not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation �06�DIN�PER�9TS 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 Div�sion will not be granted until there is compliance with all conditions of development approvai These pre-appl�cation notes do not include comments from the Building Division For proposed buildings or modi�cations to exist�ng buildings, it �s recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcei for that structure will be eliminated when the new plat is recorded, the City's policv is to anply those svstem development credits to the first buildingpermit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIN1E THE DEMOLITION PERMIT IS OBTAIfVED) I e con erence an notes cannot cover a o e requirements an aspects re atetl to site planning that should ap ply to the development of your site pian Failure of the staff to provide information required b the Gode shall not constitute a waiver of the applicable standards or requirements it is recommended tha�a pros-pective applicant either obtain and read the Community Development Code or ask any questions of City staf�-relative to Code requirements prior to submitting an application AN ADDITIONAL PRE-APPLICATION FEE AfVD CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBIVIITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division) � PREPARED BY !'•v CIiY OF TIGARD P�ANNING DIVISION Ff PERSON HOLDING PRE APP MEETING PNONE (503) 639-4171 FAX. (503) 6841291 E-MAIL (sm�'s trs�oame) a�u t�gard o�us �@Td�18(CITY Of TIGARD S fOMMUNITY DEYELOPMENT CODE)I�d�RQdETADDRESS �C9$�ga�'d OP BIS ngineenn sec on r.�e�ap�eng � � a-s�x�z�aa��._: �,,�� i�i.0 }'+T�:� �t+tbitdi.asw�m.aastc da`�W rs+- 'r,, s$_ 2.`a"' y }}- ��'�tt,s "�''a'3�L6�L'�=�� a, vi`�} '°�t �. {� + + f`'�+,. r �Ixy.} �7-Y+`,3�^'�_L,yE3i't�rtJF�'gi ��1y�L7E°f�'�'L�Cr°5e'°.zcq�s��°t� ' a ��r`��`� .�.wa' F �T�i��i0e�A5��y-O�m�+�HA"N'tiS��'+rkm ^r .�-��..�....�ti'A'�.f�'�'�'Sa:i .. L�_ _ _ "' 1. l jS M �If�P" 4�'�G.�f'��h'1�7."C L7 � .. ..t`�r�l'�^nf'c�°..i �+ _�.�'�.�:�.�a�r��,ai �3�_w.�� , � � �� .� page 9 of 9 CITY OF TIGARD Pre ApplicaUon Conference Notes _4x�.„�,,.�i��,�.�,�� fj�,,�.,Y;,�rt t� � �,,,,�.L_; .. __ Fte iden6al Appfi�atioNPlamm�p Qnsion Sahon (r` 4 �-t;^' y� '� _ - � � � i J`�`ii V'4`'` H-ys�r�..Np'c 3�''i��,�e�t'�w:��..'4��i� °'�r-ra " _` ti '!,V R S l4aTF`V14�YLi�"��it'.^f"+M 1.o� �wH'�d 'T� h`.rf`�t'Fra fw�.{ y i ° -- T�ut�t�_ .. 3l� - '=y�y^u"9-�?:,,�_r_ � - .. � " _� - F ^a73 t��'=,v--d� T��•_ - �--^="ac- " =� ��atSfE",?'� ,� ..se6 -� C"�"z._u...ra�--.— 1"_'6 M"��% %�a s+u`� y -�-��4�."�_•F'�_.'�st�...z. �ca±3��,`� �" - - _- -�''`"-� _" ��ti x-�...��.e."y��'�.v�'.x�'v��..��r ; ex. � �`_�`+�+J+vy �-�`}�_� _Tv�'w�vL vT4 �___ _ �.-.. „T;^ � r 'tF �c�vL.." k�FM^�t M:r.��c � SS�_�r J�E� ��s--�;r� a�M ~-F-Y��" l�R'��'�-,-j-•w�y*.:; � + r' f tz��'v�:�ar��rty.;�.�e6'-uy� ", - -�s�.s�� n.� � sr" _ ,r S'"""_ p,tr � � �--�y t, � ' ' `4 =-r'�`-, ��. _ �� CIT - - — -- - - - �` _ __� __- 9 _ LAidD USE APPLBCATION CHECKLIST Please read this form carefully �n con�unction with the notes provided 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 Devefopment 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 ��0�4.t„�►�r��,,, Date ��Z 7�D Z 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 appropnate field � Arbonst Report/Tree Assessment � Local Streets Traffic Study ❑ WetlandslStream Corndor Delineation and Report ❑ Habitat Area Evaluation ❑ Geotechnical Report ❑ Geotechnical Report must address liquefaction potential and soil bearing capacity ❑ Other 3 PREPARING PLANS AND AAAPS Plans and maps should be prepared at an engmeenng 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 smgie 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 indicate this and provide a bnef explanation) Y Vicmity Map � Showing the location of the site in relation to ❑ o Ad�acent properties o Surrounding street system including nearby intersections � o Pedestnan ways and bikeways � _,`_ a _ --- -- -- -- ,�_- _ - --- _-- --- -_ ��.��.'�'�+Ap1l.�UR.�J�tist_ .. � � .� � _ � e_�A� �, ��-�-- ��9 ...., �dY�a..,., rt� cn�c.,, �.�a s1' x� ^ ', '�"'Cid x oi. �.�c�-0,t.w�n..r��n .� a�#��pattyMasters\c�ieckllst dqc,,,(UPDATED 26 Jun-02) �-+.L� un��aw �` 1�� s� ,:.N ��_=a.•aY.�....4� ,r �d. s� - �E,�fa4�F�,,S'{a�'�if^i'�1 ��`.,°..!a^S,��t s� � ��=p"`y,�'�C�"J�Rx4x�s.t f.-�-?'t..�.+�.Xt},�it�+�,��'�L1-`'r�+ti'p'�`r�s��1,�i°S'"f i acg -.. ` � ��wr�Y F �C.n �.... 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'.. �� 4 '�' 1 `�n;�4 '4 .�'Y j.�+IS TlI�f tM I"iY ' � V Y a +Pa A,}1 w� a� �; �.i 'L�'_�_ � � � � ..a^c�M yy,.�c9v'.s�o�'�r.Fsf'"'a,yr�_ _ ^r�R R V � �. - _ y ~�� t } -.,.r��s�a�r�.e�*r x��.�is�.0„s}-titt-�-t _ _ �> ^2x'i�'� '��zo�ARZ_.'�..i'.7F+1�tS. w .._ �Y&�.�^•s -�GSyameB.��"'^`� "�3R�iu - 'uq°'�co��-sm^r°..t- _�' mac�aaaem" ^�""is°."'�_.. _ ,.,-"r"ag�9F.-`�'-ry'.�m��.�`�'�'�� P =i�TU�t�"+c*+-�.'�M_' �-.� ,� ,t - ` �3.�.� "'"c�L ^.��' 3-4"-�~'yr ..�. f �"��`�_�� *'- ` r �� „v�•�'��.�3'+ � ��iz. -} �..LLO-. �� +�.- �i -`c-Q' w'F�.�;.:�--z�.:�a:.:�..��5 a��- ` �-�. � -- r,a_1- 's-rM�ti�'�G'.,.-��tp.. --�,.:'"�..�x�� -�_y,b 4=' �i yF�%.•.^x�y.- �`_ ��7 � -°��<'...ti?5 Skg"�#�'��=�;r....=�r,f`�~�� -r�-•lT��-^�^ "� 'x''`- "� - _� -- � ' - ��' �' ' - - '� � Parcel boundaries, dimensions and gross area ❑ � Contour Imes (2' intervals for 0-10% slopes or 5 for slopes >10%) ❑ � Drainage patterns and courses on the site and on ad�acent lands ❑ � Potential natural hazard areas including • Floodplain areas ❑ • Areas having a high seasonal water table within 24"of the surface for three or more weeks of the year ❑ e Slopes in excess of 25% ❑ s Unstable ground ❑ o Areas with severe sod erosion potential ❑ e Areas having severely weak foundation sods ❑ • Locations of resource areas �ncluding • Wddlife habitat areas identified in the Comprehensive Plan ❑ o Wetlands ❑ � Other site features ♦ Rock outcroppings ❑ o Trees with>_6"caliper measured 4'from ground level ❑ � Location and type of noise sources ❑ � Locations of existing structures and their uses ❑ � Locations of existing utdities and easements ❑ � Locations of existing dedicated nght-of-ways ❑ � Locations of driveways on ad�acent properties and across the street ❑ �/ Subdivision Prel�m�nary Plat IVlap � 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 appt�cabie> ❑ � Scale, north arrow and date ❑ � Boundary lines of tract to be subdivided � Names of ad�acent subdivisions or names of recorded owners of adJoining 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 (withm and ad�acent to the proposed subdivision) o Public and private right-of-ways and easements ❑ e Public and private sanitary and storm sewer Imes ❑ e Domestic water mains including fire hydrants ❑ • MaJor power telephone transmission lines (50,000 volts or greater) ❑ • Watercourses ❑ • Deed reservations for parks, open spaces, pathways and other land encumbrances ❑ e 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 inciuding o Proposed deed restnctions (if any) ❑ e A proposed plan for provision of subdivision improvements ❑ � Existing natural features including rock outcroppings,wetlands and marsh areas � The proposed lot configurations, lot sizes and dimensions, and lot numbers Where lots are to be used for �„�� ur oses other than resident�al shall��ndicate n..such lots_ _ _�„�__ __ ____ _=0�� ' .,.�,,,. t �.r�� .mrw.r �a ...'°r "� �� *rs ry oy5� ,�i�e' t � �7 w '3`-�r,+T�, t� r � p E � • y�� t. i o °� se p(i�on�i�ec ii""s�.�,."_ ,. ,�.. { } '�� .�� , `''� '�f �c+��,#��',�j � t-� �._ � '.,� � r'�`� ,d' , "�T�o'�'„-"- ,.�," y�..t 1pa1tylmas�� edchst doc s(UPDATED 26-Jun 02) f �+t��`�.,f r c, ,�k.��-� �r?.�a4`.e-� . v� �i .�'+a...�r�Fq A s 3� '�'C'„��^ � �y�+*v.,,��,S��3"` %..y�'�'n3.��i°'dp�lC��.t "_.! +...� jf71'7 +.. .� - .J ��1 g�,��_!T�Y"`.4mY��'..vti�tiY`1v_JR��fS.�-?��`-�yC'�C.�k'aa� r �15.,r�"t�lk,t�,'•d2sc�" _ _ :,x.y�..v,:r�e.,.� '.,'` ..-- =::t'�'�'`i.�",� "' �" ,aAtvL�L�;C�;�f'i��'ts��wy}"a:"c�-i �t4ml� �'i.,+�- �� '� =6�-�x�� e, .,u�.'�s-�a'd'L3+r� +�tt a"�::..�..,c ^P-'"T��'=�;� _�`* '