The URL can be used to link to this page

MLP2002-00004 NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2002-00004 CITIf OF flGARD KERR PARTITION Commumty�Dever�►tt S�rap►ngA BetterCommumty 120 DAYS = 9128/2002 SECTION I APPLICATION SUMMARY FILE NAME KERR PARTITION CASE NO Minor Land Partition (MLP) MLP2002-00004 PROPOSAL The applicant is requesting approval of a 2-lot Minor Land Partition of 35 acres Parcel one has an existing home on site, Parcel two will be developed with a single-famdy residence The lot sizes for this development would be 7,770 square feet and 7,501 square feet respectively APPLICANT Carl Miller OWNER Kerr Living Trust 14190 SW 117�' Avenue 11615 SW Cloud Court Tigard, OR 97224 Tigard, OR 97224 ZONING DESIGNATION R-4 5 Low-Density Residential District The R-4 5 zoning distnct 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 smgle-family units are permitted conditionally LOCATION 13920 SW 87�' Court, WCTM 2S102DD, Tax Lot 810 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), 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 m Section V NqTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 1 OF 14 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT u mi o e ngineering epa men rian ager, , ex or review an approva 1 A Public Facdity Improvement (PFI) perm�t is required for this pro�ect to cover the new dnveway aQron for Parcel 2, a storm drainage tap for Parcel 2 and any other work in the public right-of-way Six (6) sets of detaded public improvement plans shall be submitted for review to the Engmeering Department NOTE these plans are in addition to any drawmgs required by the Budding Division and should only include sheets relevant to public improvements Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are avadable at City Hall and the City's web page (www ci tigard or us) 2 The PFI permit plan submittal shall include the exact legal name, address and tetephone number of the individual or corporate entity who wdl be designated as the "Permittee", and who wdl provide the financial assurance for the public improvements For example, specify if the entity is a corporation, limited partnership, LLC, etc Aiso specify the state within which the entity is incorporated and provide the name of the corporate contact person Fadure to provide accurate information to the Engmeering Department wdf delay processing of pro�ect documents 3 The applicant shall execute a Restncti�e Covenant whereby they agree to complete or participate in the future improvements of SW 87 Court 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 m whole or m part by the City or other public agency, C when the improvements are par� of a larger pro�ect to be constructed by a third party and involves the shanng of design and/or construction expenses by the third party owner(s) of property in addition to the sub�ect property, or D when construction of the imQrovements is deemed to be appropnate by the City Engineer m con�unction with construction of improvements by others ad�acent to the sub�ect s�te 4 Pnor to approval of the final plat, the applicant shall pay an addressing fee m the amount of $30 00 (STAFF CONTACT Shirley Treat, Engineering) 4 The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global posifioning system (GPS) geodetic control network 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 gnd north These coordmates can be establishedby . GPS tie networked to the City's GPS survey . By random traverse usmg conventional surveying methods 6 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 m Oregon, and necessary data or narrative B 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 C NOTE Washmgton County wdl not begin their review of the final plat until they receive notice from the Engineenng Department indicatmg that the City has reviewed the final plat and submitted comments to the applicant's surveyor D 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 Engmeer and Community Development Director signatures (for subdivisions) NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 2 OF 14 THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS u mit to t e ngineering epa ment rian ager, , ext or rev�ew an approva 7 Prior to issuance of building permits, the applicant shall provide the Engmeering Department with a mylar copy of the recorded final plat 8 Prior to issuance of the building permit for Parcel 2, the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts wdl be the latest approved by CWS) THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION SECTION Iil BACKGROUND INFORMATION Pro ert Histo The su �ect parcel is located within the City of Tigard The property is designated Low-Density Residential on the Ti�ard Comprehensive Plan Map A record search was conducted and no other land use cases are associated with the parcel Site Information and Pro osal Descn tions The app icant is reques mg approva o a 2-lot Mmor Land Partition of 35 acres Parcel one has an existing home on site, Parcel two will be developed with a smgle-famdy residence The Iot sizes for this development would be 7,770 square feet and 7,501 square feet respectively SECTION IV PUBLIC COMMENTS No comments were received 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 wdl comply with all statutory and ordinance requirements and regulations at the time of proposed development as demonstrated both by the analysis presented within this admmistrative decision and by this application and review process through compliance with the conditions of approval Therefore, this cntenon is met There are adequate publ�c facilities available to serve the proposal, Public facdities are discussed in detad later m this decision under Cha pter 18 810 (Street & Utdity Improvement Standards) Based on the analysis provided herem, StafF finds that adequate public facdities are avadable to serve the proposal Therefore, this criterion is met All proposed improvements meet City and applicable agency standards, and The public facdities and proposed improvements are discussed and conditioned later in this decision under Chapter 18 810 (Street & Util�ty Improvement Standards) Improvements wdl be reviewed as part of the permit process and durmg construction, at which time the appropriate review authonty wdl ensure that City and applicable agency standards are met Based on the analysis m this decision, Staff finds that this cntenon is met NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 3 OF 14 All proposed lots conform to the specific requirements below The minimum width of the building envelope area shall meet the lot requ�rement of the applicable zoning district The minimum lot width required for the R-4 5 zoning distnct is 50 feet The smallest of the lots has a minimum width of 54 feet Therefore, this standard has been met The lot area shall be as required by the applicable zomng district In the case of a flag lot, the accessway may not be included in �he lot area The minimum lot area requirement in the R-4 5 zoning distnct is 7,500 square feet The proposed partition creates finro (2) lots that are 7,770 and 7,501 square feet respectively Therefore, this critenon has been satisfied Each lot created through the partition process shali front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot w�de access easement The proposed partition plat demonstrates �hat each lot wdl have frontage onto a public nght-of-way P�cel #1 has 67 feet of frontage on SW 87 Court Parcel #2 has approximately 54 feet of frontage on 87 Court Therefore, this standard has been met Setbacks shall be as required by the applicable zoning d�stnct The existing home on Parcel #1 has a front yard setback of 23 feet The rear yard setback is 54 feet, the eastem side yard setback is 7 62 feet and the western side yard setback is 5 feet Setbacks for proposed Parcel #2 will be reviewed at time of buddmg permit Therefore, this standard has been satisfied When the partitioned lot is a flag lot, the developer may determine the locat�on of the front yard, prov�ded that no side yard is less than 10 feet Structures shall generally be located so as to maximize separation from existing structures No flag lot is associated with this application Therefore, this standard does not apply A screen shall be provided along the property I�ne of a lot of record where the paved dnve in an accessway is located within ten feet of an abutting lot in accordance with Sect�ons 18 745 040 Screening may also be required to maintam privacy for abutting lots and to provide usable outdoor recreation areas for proposed development No development is associated with this application The existing driveway for the home on Parcel #1 is within 10 feet of the property to the east However, the dnveway is pre-existing therefore this standard does not appiy The fire district may requ�re the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabil�ties Comments from the Tualatm Valley Fire Distnct are provided later m this decision under Section VII "Agency Comments" Where a common drrve is to be provided to serve more than one lot, a rec�procal easement which will ensure access and ma�ntenance nghts shall be recorded with the approved partition map The applicant has not proposed a common driveway Therefore, this standard does not apply Any access way shall comply with the standards set forth m Chapter 18 705, Access, Egress and C�rculation This standard is addressed under Chapter 18 705 (Access, Egress and Circulation) later in this decision NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 4 OF 14 Where landfill and/or development is allowed within or ad�acent to the one-hundred year floodplain, the city shall regu�re consideration of the dedication of suffiaent open land area for greenway ad oining and wi�hin the floodplain This area shall include portions at a suitable elevation for�he construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan The subJect parcels are not ad�acent to or withm a one-hundred-year floodplain Therefore, this standard does not apply An application for a variance to the standards prescribed �n 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 vanances or adJustments have been submitted with this application Therefore, this standard does not apply FINDING Based on the analysis above, staff finds that the Minor Land Partition Standards have been met Residential Zoning Districts (18 510) Development standards in residential zon�ng distr�cts are contained in Table 18 510 2 below TABLE 18 510 2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STAN DARD` ' Y , � `� R-4 5 inimum ot ize - Detached unit 7,500 sq ft - Duplexes 10,000 sq ft - Attached unit 1 verage mimum ot i t - Detached unit lots 50 ft - Duplex lots 90 ft - Attached unit lots aximum ot overa e - inimum et ac s - Front yard 20 ft - Side facmg street on comer& through lots 15 ft - Side yard 5 ft - Rear yard 15 ft - Side or rear yard abutting more restrictive zonmg distnct - - Distance befinreen ro ert line and front of ara e 20 ft aximum ei inimum an sca e e uirement - [1]Single famdy attached residen6al units permitted at one dwellmg per lot�nnth no more that five attached un�ts in one grouping [2]Lot coverage includes all bwldmgs and imperv�ous surfaces MulUple family dwelling urnt Single famdy dwellmg urnt A minimum lot size of 7,500 square feet is required for each lot The proposed lot sizes of 7,501 and 7,770 square feet meet this standard The existing home on Parcel #1 has a front yard setback of 23 feet The rear yard setback is 54 feet, the eastern side yard setback is 7 62 feet and the western side yard setback is 5 feet Setbacks for proposed Parcel #2 will be reviewed at time of building permits Setback standards, required by Table 18 510 2 will apply to all future development of the proposed lots FINDING Based on the analysis above, the Residential Zoning District Standards have been met NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 5 OF 14 Access, Eqress and Circulation (18 705) Continuing obli�ation of property owner The provis�ons and maintenance of access and egress stipulated in this title are continuing requirements or the use of any structure or parcel of real property in the City Access Plan requirements No building or other permit shall be issued until scaled plans are presented an approved as provided by this chapter that show how access, egress and circulation requirements are to be fulfilled The applicant shall subm�t a site plan The Director shall provide the applicant with detailed information about this submission requirement Access for proposed Parcel #2 wdl be reviewed at time of building permit Therefore, this standard has been satisfied Joint Access Owners of two or more uses, structures, or parcels of land may agree to utilize �ointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the �oint use and copies of the deeds, easements, leases or contracts are placed on permanent file with the �ity No�omt access is proposed with this application Therefore, this standard does not apply Public street access All vehicular access and egress as requ�red in Sections 18 705 030H and 18 705 0301 shall connect directly with a public or private street approve by the City for public use and shall be maintained at the required standards on a continuous basis Both parcels will have access onto SW 87�' Court Therefore, this standard has been satisfied Inadequate or hazardous access Applications for building permits shall be referred to the Commission for review when, in the op�nion of the Director, the access proposed Would cause or increase existing hazardous tra�c conditions, or would prov�de inadequate access for emergency vehicles, or would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety, and general welfare D�rect individual access to arterial or collector streets from s�ngle-fam�fy dwellings and duplex lots shall be discouraged Direct access to ma�or collector or arterial streets shall be cons�dered only if there is no practical alternative wa to access the site In no case shall the design of the service drive or drives require or facilita�e the backward movement or other maneuvering of a vehicle with�n a street, other than an ailey Single-family and duplex dwellings are exempf from this requirement Ar�additional smgle-famdy home at this location and the placement of another access drive off of SW 87 Court wdl not cre�te a hazardous condition Therefore, this standard has been satisfied Minimum access requirements for residential use Private residential access drives shali be provided and maintained m accordance with the prov�sions of the Uniform Fire Code The proposed partition has been reviewed and approved by the Tualatm Valley Fire and Rescue Therefore, this standard has been satisfied Access drives 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, 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 tfie hammerhead having a mirnmum depth of 40 feet and a minimum width of 20 feet, c)The maximum cross slope of a required turnaround is 5% Neither of the parcels of the proposed partition will have an access drive in excess of 150 feet The existing driveway of Parcel #1 is approximately 23 feet m length Therefore, this standard does not apply NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 6 OF 14 FINDING Based on the analysis above, Staff finds the Access, Egress and Circulation Standards have been met Density Computations (18 715) Definition of net develo ment area Net development area, m acres, shail be determined by subtracting the following land area s) from the gross acres, which is all of the land included in the legal descript�on of tF�e property to be developed 1 All sensitive land areas a Land within the 100-year floodplain, b Land or slopes exceeding 25%, c Drainage ways, and d Wetlands 2 All land dedicated to the public for park purposes, 3 All land dedicated for public nghts-of-way When actual mformation �s not available, the followin� formulas may be used a Single-family development allocate 20% of gross acreage, b Mul{i fam�ly development allocate 15% of gross acreage 4 All land proposed for private streets, and 5 A lot of at least the s�ze required by the applicable base zoning district, if an existing dwelling is to remain on the site Calculatin maximum number of residential units To calculate the maximum number of residentia urnts per net acre, drvide t e num er of square feet in the net acres by the minimum number of square feet requ�red for each lot in the appiicable zoning district Calculatina mirnmum number of residential units As required by Section 18 510 040, the minimum number of residential units er net acre shall be calculated by multiplying the maximum number of urnts determined in �ubsect�on B above by 80% (0 8) The standards for density computation deal with the intensity of residential land uses usually stated as the number of housing units per acre The totai square footage of the sub�ect property is 15,271 square feet However, Parcel #1 is developed with a pre-existing single-family Fiome Therefore, 7,770 square feet is subtracted from the calculation No other square footages are subtracted Density is calculated from a total square footage of 7,501 square feet Mmimum fot size for the R-4 5 zone is 7,500 square feet, which requires the maximum allowable density to be no more than 1 unit The proposed partition creates 1 additional lot from the pre-existmg home Therefore, the density for the property is satisfied FINDING Based on the analysis above and the shadow plat provided, the Density Computation Standards have been met Landscaping and Screening (18 745) Street trees Sect�on 18 745 040 Section 18 745 040 A All development pro�ects fronting on a public street, private street or a private drrveway more than 100 feet in fength approved after tfie adoption of this title shall be required to plant street trees m accordance with fhe standards in Section 18 745 040C The applicant wdl be conditioned under Section 18 810 030(E) to enter into an agreement whereby the applicant agrees to participate in any future-widernng pro!ect for the street carried out by the City which wdl include street trees Therefore, street trees will be addressed at that time FINDING Based on the analysis above, the Landscaping and Screening Standards have been met NOTICE OF DECISION MLP2002-00004lKERR PARTITION PAGE 7 OF 14 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 comb�nation of lots or parcels for which a development application for a subdivis�on, partition, site development review, planned development or condit�onal use is filed Protection is preferred over removal wherever possible No trees over 6-mches exist on the sub�ect property Therefore, this standard does not apply FINDING Based on the analysis above, the Tree Removal Standards have been met Visual Clearance Areas (18 795L This Chapter requires that a clear vision area shall be maintained on the corners of all proQerty ad�acent to intersecting r�ght-of-ways or the mtersection of a public street and a private driveway A clear visson area shall conta�n 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 sl�all be visually clear between three (3) and eight 8 feet in height (8) (trees may be placed with�n this area provided that all branches below eight 8 feet are removed) A visual clearance area is the triangular area formed by measuring a -foot distance pomts w�th a straight line The applicant's plan shows no obstructions withm the visual clearance triangle Therefore, this standard has been satisfied FINDING Based on the analysis above, Staff finds that the Vision Clearance Standards have been met IMPACT STUDY �18 390 040� Req�uires that the applicant shall include an impact study 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 fac�lity system and type of impact of the development on the public at large, public facilities systems, and affected private property users In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication of real property �nterest, or provide evidence which supports the conclusion that the real property dedicat�on requirement is not roughly proportional to the pro�ected impacts of the development The applicant has submitted an Impact Study that addresses the following systems Transportation System The addition of one smgle-famdy home on SW 87�' Court wdl not significantly impact the transportation system in the area Drainage System There is a storm dram in the street and an easement ad�acent to the sub�ect parcel for the existing storm dram Park System The proposed partition will not have any impact on the City's parks system Water�stem There is currently an existing water service serving the existmg house that wiil be located on Parcel #1 This development wdl add one water service to serve Parcel #2 Sewer System There is currently a sewer Ime that has been installed up to the adJacent lot line This Ime will be extended m the easement on the northem property line NOTICE OF DECISION MLP2002-00004lKERR PARTITION PAGE S OF 14 Noise Im acts T is proposed development is a residential partition which wdl create one additional residential lot and shou(d not generate any extraordmary noise impacts to the surrounding neighborhood PUBLIC FACILITY CONCERNS Street And Utility Improvements Standards (Section 18 810� Chapter 18 810 provides construction standards for the implementation of public and private facilities and ut�lities such as streets, sewers, and drainage The applicabie 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 �n accordance with the TDC standards Section 18 810 030 A 2 states that any new street or additional street w�dth pianned as a portion of an ex�sting street shall be dedicated and improved in accordance with the TDC Minimum Rights-of-Way and Street Widths Section 18 810 030 E requires a local residential street to have a 42 to 50-foot right-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 ad1acent to SW 87"' Court, which is classified as a local residential street on the City of Tigard Trans ortation Plan Map At present, there is approximately 50 feet of ROW along this roadway, according to�he most recent tax assessor's map No additional ROW dedications are necessary SW 87�' Court is currently paved with curbs, but lacks sidewalks and street trees TMC 18 810 030(A)(1) states that streets within a development and streets ad�acent shall be improved in accordance wl}h City standards However, 18 810 030�A)(4) states that the City may accept a future improvement �uarantee in lieu of street improvements if the improvement associated w�th the pro�ect does not, by itself, provide a sign�cant improvement to the street safety or capacity Although this development wdl incrementally increase the amount of tra�c on the roadway, the mcrease 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)(1)(e) stafes that a guarantee in lieu of street improvements is acceptable if the proposal is a land partition on property zoned residential and the partition does not create any new streets This partition wdl not create a new street Based on these code provisions, Staff therefore recommends that the applicant be required to enter into an agreement with the City whereby the owner agrees to participate in any future widening pro�ect for the street carried out by tfie City, a third party, or through a local improvement distnct This agreement must be executed prior to approval of the final plat In order to provide appropriate veh�cular access for Parcel 2, the applicant should construct a new driveway apron for that parcel The apron construction can coincide with construction of the new home on Parcel 2 The applicant wdl need fo apply for and obtam a Public Facdity Improvement (PFI) permit for this dnveway apron as a part of the partition Block Designs - Section 18 810 040 A states that the length, width and shape of blocks shall be desi�ned with due regard to providing adequate budding sites for the use contemplated, consideration of needs for convenient access, circulat�on, control and safety of street traffic and recognition of limitations and opportunities of topography Block Sizes Section 18 810 040 B 1 states that the penmeter of blocks formed by streets shall not exceed 1,800 feet measured along the nght-of-way I�ne except . Where street location �s precluded by natural topography, wetlands or other bodies of water or, pre-existing development or, . For blocks ad�acen} to artenal streets, limited access highways, ma�or collectors or railroads . For non-res�dential blocks in which internal public circulation provides equivalent access NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 9 OF 14 No blocks are created or effected by the partitiornng of the sub�ect property Therefore, this standard does not apply Section 18 810 040 B 2 also states that bicycle and pedestrian connections on publ�c easements or right-of-ways shall be provided when full street connect�on 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 str�ct adherence to other standards in the code No blocks are created or effected by the partitioning of the sub�ect property Therefore, this standard does not apply Lots - Size and Shape Section 18 810 060(A) prohibits lot depth from bein� more than 2 5 times the average lot width, unless the parcel is less than 1 5 times the mmimum lot size of the applicable zornng distnct Neither of the proposed lots are 1 5 times the minimum lot size of the R-4 5 zoning district The depth of the lots are not more than 2 5 times the average lot width The average lot width for both lots is 60 feet with an average depth of 107 feet Therefore, fhis standard is satisfied Lot Frontage Section 18 810 060(B) req�u�res that lots have at least 25 feet of frontage on publ�c or Pnvate streets, other than an alley In the case of a land partition, 18 420 050 A 4 c appl�es, which requires a parcel to either have a min�mum 15-foot frontage or a min�mum 15-foot wide recorded access easement In cases where the lot is for an attached single-family dwelling umt, the frontage shall be at least 15 feet The pro�posed partition plat demonstrates �iat each lot wdl have frontage onto a public nght-of-way P�cel #1 has 67 feet of frontage on SW 87 Court Parcel #2 has approximately 54 feet of frontage on 87 Court Therefore, this standard has been met Sidewalks Section 18 810 070 A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets By entenng into an agreement for the future improvements of 87�' Court, this critenon is met Sanitary Sewers Sewers Required Section 18 810 090 A requ�res that sarntary sewer be installed to serve each new development and to connect developments to existing mams �n 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 �ncluding any future revisions or amendments) and the adopted policies of the comprehensrve pian Over-sizin� Section 18 810 090 C states that proposed sewer systems shall include consideration of additional development within the area as proJected by the Comprehensrve Plan There is an existing 8-mch public sewer Ime located to the northwest of this site In 1997, the property owner obtamed a permit from the Engineering department to install two laterals to the sub�ect site to provide service to the existmg house and the new parcel (Parcel 2) The existing home is not currently connected to the public sewer As a part of this partition, the applicant wdl be required to connect the existmg home to the lateral that was mstalled m 1997 The new home on Parcel 2 wdl have service via tfie other lateral that was installed m 1997 NOTICE OF DECISION MLP2002-00004lKERR PARTITION PAGE 10 OF 14 Storm Drainage General Provisions Section 18 810100 A states requires developers to make adequate provisions for storm water and flood water runoff Accommodation of U pstream Drainage Section 18 810100 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 public drainageways that impact this site Effect on Downstream Dra�nage Section 18 810100 D states that where it is anticipated by the C�t�/ Engineer that the add�tional runoff resulting from the development will overload an existing draina�e facility, the D�rector 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 addit�onal runoff caused by the development in accordance with the Design and Construc}ion Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments) The addition of one home wdl not result m a si�nificant increase m storm water runoff Therefore, no onsite detention is necessary There is an existing public storm drainage line that is located ad�acent to the westem boundary of the sub1 ect site The drainage from Parcel 2 could be easdy directed to that main Ime The applicanYs plan does not show specifically how they wish to drain Parcel 2, but due to the location of the main Ime, and the fact that it is located on the downhdl side of the sub�ect site, a drainage solution for the parcel is simple The applicant wdl be required to mclude a storm drainage tap in their PFI permit to ensure that this lot wdl be provided with a storm dramage lateral Bikeways and Pedestrian Pathways B�keway Extension Sect�on 18 810 110 A states that developments ad�oining proposed bikeways identified on the City's adopted pedestrian/bikeway plan shall include prov�sions for the future extension of such bikeways through the dedication of easements or nght-of-way Not applicable Cost of Construction Section 18 810110 B states that development permits issued for planned umt developments, conditional use permits, subdivisions, and other developments which w�ll principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements Not applicable Min�mum Width Sect�on 18 810 110 C states that the minimum width for bikeways within the roadway �s 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 requ�red for electnc, communication, light�ng and cable televis�on services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cab�nets which may be placed above ground, temporary utility service facilit�es dunng construct�on, high capacity electric lines operating at 50,000 volts or above, and NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 11 OF 14 t . The developer shall make all necessary arrangements with the serving utility to provide the underground services, . The City reserves the nght to approve location of all surface mounted facil�ties, . All uncferground ut�lities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets, and . Stubs for service connections shall be long enough to avoid disturbing the street improvements when serv�ce connections are made Exception to Under-Grounding Requirement Section 18 810120 C states that a developer shall pay a fee �n-I�eu of under-�rounding costs when the development is proposed to take place on a street where existing utilities whicl� are not underg round w�ll serve the development and the ap roval authority determines that the cost and technical d�fficulty of under-grounding the utiPties outweighs the benefit of under-grounding �n con�unction 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-grounding would result m the placement of additional poles, rather than the removal of above-ground utilities facil�ties 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 no overhead utility lines along 87th Court Therefore, this section does not apply ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS Public Water System The City's public water system serves this site A new water service wdl be needed when the new home on Parcel 2 is constructed Storm Water Qualitv The City has agreed to enforce Surface Water Management (SWM� regulations established by Clean Water Services (CWS) Des�gn and Construction Standards adopted by Resolution and Order No 00-7) which require the construction of on-site water qual�ty facil�ties The facilit�es 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 add�tion, a maontenance plan shall be submitted mdicating 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 pro�ects such as residential land partitions It would be impracticar to require an on-site water quality facdity to accommodate treatment of the storm water from Parcel 2 Rather, the CWS standards provide that applicants should pay a fee in- lieu of constructmg a facility if deemed appropriate Staff recommends payment of the fee in-lieu on this application Address Assiqnments The City of Tigard is responsible for assigning addresses for parcels withm the City of Tigard and withm the Urban Service Boundary (USB) An addressing fee in the amount of $30 00 per address shall be assessed This fee shall be paid to the City prior to approval of the final plat For this pro�ect, the addressing fee wdl be $30 00 Surve Re uirements e app icanYs ina p at shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network 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 gnd measurements and the angle from north to gnd north These coordmates can be established by . GPS tie networked to the City's GPS survey . By random traverse using conventional surveying methods NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 12 OF 14 In addition, the applicant's as-budt drawmgs shall be tied to the GPS network The applicanYs engmeer 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 Property Manager has reviewed the proposal and has no ob�ections to it City of T�gard Police Department has reviewed the proposal and has no ob�ections to it City of Tigard Water Department has reviewed the proposal and has no ob�ections to �t SECTION VII AGENCY COMMENTS Tualat�n Valley F�re and Rescue has reviewed the proposal and has no ob�ections to it Washington County Land Use Department has reviewed the proposal and has no ob�ections to �t SECTION VIII PROCEDURE AND APPEAL INFORMATION Notice Notice was mailed to X The applicant and owners � Owner of record within the required distance X Affected government agencies Final Decis�on THIS DECISION IS FINAL ON JULY 12, 2002 AND BECOMES EFFECTIVE ON JULY 27, 2002 UNLESS AN APPEAL IS FILED Appeal 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 m Section 18 390 040 G 1 may appeal this decision in accordance with Section 18 390 040 G 2 of the Tigard Commurnty Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) busmess days of the date the Notice of Deasion was maded The appeal fee schedule and forms are availabie from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 13 OF 14 r Unless the applicant is the appellant, the hearmg 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 m 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 JULY 26, 2002 uestions If you have any questions, please call the City of Tigard Ptanning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503)639-4171 /� July 12, 2002 PREPARED BY Brad Kilby DATE Associate Planner G— July 12, 2002 APPROVED BY Richard H Bewersd DATE Pianrnng Manager i/curplNmathew/mlp/mIp2002 00004 dec NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 14 OF 14 s . . , OEOORAPXIC INPOFMATION BY9TEM Yii1NITY MAP ARA M LP2002-00004 KERR PARTITION SItE S7 SW qRTHU CT CT N � T I Y RS FCkk � MERL N 9,y RD M " cR��P D FE Y �D "'",�N I -i7 �ro3 � � a � x 3 '� Z 5 �' ti a r ` ��+ �>� Z - us � ` ' � `` � euu krvt q Qr � NfTA � Y z B�OENORD pV'Hn �RO ELROSE CT > � m a m � � _ � Z T�pard Prea Mep � DRIVE O r T� �O NT Z � N �/F�y�N p < � � ¢ � �.9 0 200 400 600 Feet > � V a 7=402 leat TERR � � 3 3 w ce � vi > 2 !— ¢ � =U 'r D � City of Tigard � � � �71 � Iniortna6on on lhie map le lor generel IoceUOn ony entl INEZ S should be ven(eA with the Development Services Diheion BO I 19125 SW Hell Blvtl Tigerd OR 97223 � (503)639-47�1 � httpJlwww G ugard or ua , Commurnty Development Plot date Jun 6 2002 C\magicWIAGIC03 APR � �r� '�/ '�/ 15 N7DE PRIVAIE SANITARY SEWER BASIS 0� �EARINGS INRW! POINT HF1D AS N W CpRNER OF LOi 4� _ �� EASE1fprT W FAIbR OF LOlS 3 AND 4 S 89 3130 E 470 16 5/8 x30 IRON ROD FOR NORfH LINE ��` �� \ \ �71BERT P $Ef WRH RCP S7AMPED 5/81 RF W/NO� � 115 07 PIAf HE1D _ S H�3�3O � 1�9 41 �'L� � � � 1N/02IPf i� _of � 8960 11100 68 --�— ` - - - - - - � - - 1��-�/ //�� W�G1P OR PLUG I � �– --�� ^ o f4 �� 78 08 22 17 1�2 !R F 123.98 GLLC GU.CUTATFD POIAR ON/ h � 94 ' _ –_ W N�G1P I NORfH 80UNU4R1'UNE � 9481 ' ' f0569 ---- -ry M��^ Q � I 15 WIDE PRlYATE SANlfARY SEWER AL�DOG NQ 2002-0l,�70 fDR 1FE� �` l i EASE111ENT DOC NO 2002-OA787f 2 @�ry�p��,pT 3 AND SYIB�UaT� '��j y�. I � o, I fOR TFIE BfNEF7f OF LOT 3 � LYN90NS If&RELF � � � I o �p� PARCEL t ,� � N � � �no s F � � � 3 I $ PARCEL 2 � �' . I �o � �soi s� � $ � � , � � �,�� 3� � q or�snrrc FrousF � � � � 2 � � � � N m�ww � � � e ( � � N � � ( �67. y I f/2 I RF I R=40 00 " � R=125 00 '� � s�oN ae�E-4 61 L=13 62-P L�25 29-P h s/a�R.� OF L0T CORNER I ^ 40 45 ` 42 77' - W/NO GIP S 893130 E 50 00-P L � 1 �i�. SW/NOt9�� W 89 31'30' W 83 22-P �.P> � 5/8°LRF� � I ' — � _ _ _ N 3?JZ 30�I�wi^�S E�6J -— —\—- \ \ 65��ob�'/ / / N EN�CORNfR I _ � /� �' g -- r��, \ �a�3j tAr � I � %��.�� SW 87TH CT \�\ \ � ja� I I PER S.N 28.000 \ \ \W/N�CAP I �— — —— � � � I I ��( � \\ // \ \ \` \ � I � � / \\ \ \ \-o� � / � i / �,�� 6 \� ` \ � i / � �, I � �� I � I ; ' � ► � ► L - - - - - - - - - �-- - - - - - - - - - - - - - - - - -� ; � - - - - - - - -► �m�p (ITY oF T�6ARD � MLP2002-00004 srrE P�[y � KERR PARTITION Ma is not to scale NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2002-00004 CITYOFTIOARD KERR PARTITION Commumty�Dever�� SFiaprngA BetterCommumty 120 DAYS = 9/28/2002 SECTION I APPLICATION SUMMARY FILE NAME KERR PARTITION CASE NO Minor Land Partition (MLP) MLP2002-00004 PROPOSAL The applicant is requesting approval of a 2-lot Minor Land Partition of 35 acres Parcel one has an existing home on site, Parcel two will be developed with a single-family residence The lot sizes for this development would be 7,770 square feet and 7,501 square feet respectively APPLICANT Carl Miller OWNER Kerr Living Trust 14190 SW 117�' Avenue 11615 SW Cloud Court Tigard, OR 97224 Tigard, OR 97224 ZONING DESIGNATION R-4 5 Low-Density Residential District The R-4 5 zoning district is designed to accommodate detached single-family homes with or without accessory residentiai units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally LOCATION 13920 SW 87th Court, WCTM 2S102DD, Tax Lot 810 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), 18 810 (Street and Utility Improvement Standards) SECTION II DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION All documents and applicable criteria m 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 �T— Owner of record within the required distance X Affected government agencies Final Decision THIS DECISION IS FINAL ON JULY 12, 2002 AND BECOMES EFFECTIVE ON JULY 27, 2002 UNLESS AN APPEAL IS FILED �A eal The Director's Decision is final on the date that it is mailed All persons entitled to notice or who are otherwise adversel�r affected or aggrieved by the decision as provided in Section 18 390 040 G 1 may appeal this decision in accordance with Section 18 390 040 G 2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW 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 JULY 26, 2002 uestions or further information please contact the Planning Division Staff Planner, Brad Kilbv at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 s YICINITY MAP MLP2002 00004 NERR PARTITION s�.� a n � y+eO� 4 4 I v se r k '< � T �..w... N � Z p • � N � � o a '9 � 7 RR a � � � a �d �U LT Cb fTlguE D +wa Im�v �raM n P � r a mwrt awunr ra B�Sis oF p[MiMOS �� r$o.�i��u°iar .� umarr w a on�uo a 5 89'!1 JO E�70�8 �fs eer en vstu tnc��_L f° aw � � ' S 8P71 JO E 17Y I� r�u w�m _ J _ m " °i� nnr u 7 n.wr uw cvc---�au+m ra+r� �� I �------:,-„--- - --rmn --- ,x +�5� nuw ,w,,,,n,iun i e ex rwrrz wrtu.am .um mc n A ml M`� �g � � � amaruxr,ams-wo : nmrvm�'.w�aaroa3 � � ��i I mt nrc eavrt u��a] omae nam ( PA E t S� � '� �o� ,A€�4 � � g I g vn�eyt s 8 � �� i � `Ot " � � � om�`°� i � `�1 1 i °�� /i ur � � � a woq � rr.r17og b I sme`�c-� � -- L 1161 P L 132➢ P Y �W�aimmm � NB➢'!1!0 W8111 P n FJIAt3tma /oGm ` � M"",� S�TW� L—_ 1 sanT F.!�4�j�p4 \�� fi°'�y� �mia� � ——_�_ i n / ��.� t-- — — —t� � �� W'�oi`f�i '� I i �u� �Sw 97TN C7 � `�w � � --- � �� -- _��\ � \\ I � �°S \l__'� �� \ �oj � � � /� �o� 6 �\ � �1 � I � � ` � ' � �/ � I � � I � � I � � �----------�------------------� L--------J � (�TY Of TIGARD � MLP2002 00004 a�p� N KERR PARTITION Ma ie nat to ecele I� � � 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 MLP2002-00004 Land Use File Name KERR PARTITION I, Brad Kilby. Associate Planner for the City of Tigard, do affirm that I posted notice of the land use proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered) aSi0a0'� `r�X l�-� �S�o and did personally post notice of the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected territory, a copy of said notice being hereto attached and by reference made a part hereof, on the (� day of 3un�e , 2002 � �� 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 Washmgton ) ss '� Subscnbed and sworn/affirmed before me on the�day of St�N e , 20 0'Z., a�tcw�s� �� c-o�R�o� ro��ssro�No a�os MI�GO,�� _ '^N DQ'IRES MAY 13.2003 -- NOTARY PUBLIC OF OREGON My Commission Expires �Gt� �3j 2003 ✓ h�ogin\patty\masters�affidavit of posting for applicant to post public heanng doc M I NOR LAN D PARTITION (M LP) 2002-00004 REQUEST: Approval of a 2-lot Minor Land Partition of .35 acres. Parcel one has an ex�sting home on sete, Parcel two will be developed vith a s�ngle family res�dence. The lot s�zes for this development would be 7,770 square feet and 7,501 square feet respectively. LOCATION : 13920 SW 87th Court; WCTM 2S102DD, Tax Lot 810. ZONE: R-4.5: Low-Densety Residential District. The R-4.5 zon�ng d�strict is designed to accommodate detached single-family homes with or without accessory resident�al un�ts at a m�nimum lot size of 7,500 square feet. Duplexes and attached single-family units are �ermitted 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, 18.725, 18.765, 18.790 and 18.810. Further information may be obtained from the Planning Division (staff contact: Brad Kilbv) at 13125 SW Hall Blvd , Tigard, Oregon 97223, or by calling 503-639-4171 A copy of the a�plication and all documents and evidence submitted by or on behalf of the applicant and the a�plicable criteria are available for inspection at no cost and copies for all items can also be provided at a reasonable cost NOTICE TO MORTGAGEE,LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER NOTICE OF PENDIHG LAND USE APPLICATION MIHOR LAND PARTITION CITY OF TIGARD Communtty�Devefopment SkaptngA BetterCommuraty DATE OF NOTICE June 6, 2002 FILE NUMBERS MINOR LAND PARTITION (MLP) 2002-00004 FILE NAME KERR PARTITION PROPOSAL Approval of a 2-lot Minor Land Partition of 35 acres Parcel one has an existing home on site, Parcel finro wdl be developed with a single-family residence The lot sizes for this development would be 7,770 square feet and 7,501 square feet respectively 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 urnts are permitted conditionally Some civic and institutional uses are also permitted conditionally APPLICABLE REVIEW CRITERIA Commurnty Development Code Chapters 18 390, 18 420, 18 510, 18 705, 18 715, 18 725, 18 765, 18 790 and 18 810 LOCATION 13920 SW 87�' Court, WCTM 2S102DD, Tax Lot 810 YOUR RIGHT TO PROVIDE WRITTEN COMMENTS Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City THE FOURTEEN (14) DAY PERIOD ENDS AT 5 00 PM ON JUNE 20, 2002 All comments should be directed to Brad Kilby. 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 TIGARD IN WRITING PRIOR TO 5 00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR JULY 12. 2002 IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION . Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal, . Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response, . Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval cnteria with suffiaent specificity on that issue Failure of any party to address the relevant approval criter�a with suffic�ent 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 W�THIN 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 wntten 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 Ciry 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 suppo�ting documents relied upon by the Director to make this decision are contained within the record and are avadable 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 " s ' YICIMITY MAP Rn MLP2002-00004 KERR PARTITION SITE e� �� Fy�, -��1 'b �fE f M $ z " � �_ ,__ r �_. Y y�� ELROSE CT � T ) Q D tl y / 1 O Z r DRI r y P ♦ oUNt o � N �i �N a � �,y o zoo eoo rw > N a�..i a T�q � � � ; w � � ¢ Z �c~j � Ciry of T�gard 0 D � m �w�.or�a.�.iw.w,ww m M,,,wa.�«in .wn o...�oo�s«w aa.a m�N �x sw�w ee.n Tyi40N tt1) WASHING'�'ON COUNTY, ORE(xON Depertment of Land US8 end Trdnsport9t�on Ldnd Development S6MCes 155 North First Avenue Swte 350 13 Hlllsboro �rego�97124 (503)848-8761 FAX.(503)846-2908 July 1, 2002 Brad Kilby� As�ociata Planner City of Tigard Commun�ty Development 13125 SW Hall Boulevard T�gard, OR 97223 FAX (503)684-7297 RE Kerr Part�t�on City Fde Number MLP 2002-00004 Tax Map and Lot Number 2S1 02DD I 810 Locat�on 13920 SW 87th Court � - -- - J _ i r � l - - - --L- —i � , � Wash�ngton County Department of Land Use and Transportation has rece�ved not�ce of the above noted application but will not be submitting any requirements/conditions The pro�ect srte �s not ad�acent to County-maintained road sections, nor is it axpected to generate considerable off-s�te �mpacts to our nearby roadways Thank yau for the oppo�tunity to commant If you have any questlons, please contact me at 503-846-8131 E � 1 Anne LaMountain Assoc�ate Planner t1LUT11DATA1SheredlLDS1WPSHAREITRANSPITIGUCeirNOCOMM doc ZO d �0 ZT ZOOZ Z i nL' 806Z-968-�OS Xp� (13Q QNd� 0� HSd�I TUALATIN VALLEY FIRE 8� RESCUE • SOUTH DIVISION °° COMMUNITY SERVICES • OPERATIONS • FIRE PREVENTION Tualatin Valley Fire & Rescue June 21 2002 Brad Kilby Associate Planner City of Tigard 13125 SW Hall Blvd Tigard OR 97223 Re Kerr Partition Dear Brad I have reviewed the subm�ttal for the above named pro�ect and find no conflicts with our interests Please contact me at(503)612-7010 with any additional questions Smcerely Eric T. McMullen Enc T McMullen Deputy Fire Marshal 7401 SW Washo Court Swte 101 •Tualatin Oregon 97062•Tel (503)612 7000•Fax(503)612 7003•www tvfr com � �� MEMORANDUM CITY OF TIGARD, OREGON DATE July 11, 2002 TO Matt Scheidegger, Assistant Planner FROM Brian Rager, Development Review Engineer � RE MLP 2002-00004, Kerr Partition Street And Utilitv Improvements Standards (Section 18 810) Chapter 18 810 provides construction standards for the implementation of public and private facilities and ut�lities such as streets, sewers, and drainage The applicable standards are addressed below Streets Improvements Section 18 810 030 A 1 states that streets within a development and streets ad�acent shall be improved in accordance with the TDC standards Section 18 810 030 A 2 states that any new street or additional street width planned as a portion of an existing street shall be dedicated and improved in accordance with the TDC Minimum Rights-of-Way and Street Widths Section 18 810 030 E requires a local residential street to have a 42 to 50-foot right-of-way width and a 24 to 32-foot paved section Other improvements required may include on-street parking, sidewalks and bikeways, underground ut�lities, street light�ng, storm drainage, and street trees This site lies ad�acent to SW 87th Court, which is classified as a local residential street on the City of Tigard Transportation Plan Map At present, there is approximately 50 feet of ROW along this roadway, according to the most recent tax assessor's map No additional ROW dedications are necessary SW 87th Court is currently paved with curbs, but lacks sidewalks and street trees 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)(4) 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 ENGINEERING COMMENTS MLP 2002-00004 Kerr Partition PAGE 1 or capacity Although this development will incrementally increase the amount of traffic on the roadway, the increase will not substantially degrade the level of service on the street A street improvement ad�acent to this site, therefore, will not significantly improve the safety or capacity of the street In addition, 18 810 030(A)(1)(e) states that a guarantee in lieu of street improvements is acceptable if the proposal is a land partition on property zoned residential and the partition does not create any new streets This partition will not create a new street Based on these code provisions, Staff therefore recommends that the applicant be required to enter into an agreement with the City whereby the owner agrees to participate in any future widening pro�ect for the street carried out by the City, a third party, or through a local improvement district This agreement must be executed prior to approval of the final plat In order to provide appropriate vehicular access for Parcel 2, the applicant should construct a new driveway apron for that parcel The apron construction can coincide with construction of the new home on Parcel 2 The applicant will need to apply for and obtain a Public Facility Improvement (PFI) permit for this dnveway apron as a part of the partition Block Designs - Section 18 810 040 A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitat�ons 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 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 b�cycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code PLANNING ENGINEERING COMMENTS MLP 2002-00004 Kerr Partition PAGE 2 Lots -Size and Shape Section 18 810 060(A) prohibits lot depth from being more than 2 5 times the average lot width, unless the parcel is less than 1 5 times the minimum lot size of the applicable zoning district PLANNING Lot Frontage Section 18 810 060(B) requires that lots have at least 25 feet of frontage on public or 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 Sidewalk is already present along 87th Court No further improvements other than the driveway approach for Parcel 2 are needed 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 ma�ns 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 rev�sions or amendments) and the adopted policies of the comprehensive plan Over-sizing Section 18 81Q 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 public sewer line located to the northwest of this site In 1997, the property owner obtained a permit from the Engineering department to install finro laterals to the sub�ect site to provide service to the existing house and the new parcel (Parcel 2) The existing home is not currently connected to the public sewer As a part of this partition, the applicant will be required to connect the existing home to the lateral that was installed in 1997 The new home on Parcel 2 will have service via the other lateral that was installed in 1997 ENGINEERING COMMENTS MLP 2002-00004 Kerr Partition PAGE 3 Storm Drainage General Provisions Section 18 810 100 A states requires developers to make adequate provisions for storm water and flood water runoff Accommodation of Upstream Drainage Section 18 810 100 C states that a culvert or other drainage facility shall be large enough to accommodate potent�al 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 public drainageways that impact this site Effect on Downstream Drainage Section 18 810 100 D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing drainage facility, the D�rector 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) The addition of one home will not result in a significant increase in storm water runoff Therefore, no onsite detention is necessary There is an existing public storm drainage line that is located ad�acent to the western boundary of the sub�ect site The drainage from Parcel 2 could be easily directed to that main line The applicant's plan does not show specifically how they wish to drain Parcel 2, but due to the location of the main line, and the fact that it is located on the downhill side of the subJect site, a drainage solution for the parcel is simple The applicant will be required to include a storm drainage tap in their PFI permit to ensure that this lot will be provided with a storm drainage lateral 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 Not applicable ENGINEERING COMMENTS MLP 2002-00004 Kerr Partition PAGE 4 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 principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements Not applicable Minimum Width Section 18 810 110 C states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane Minimum width for two-way bikeways separated from the road is eight feet Not applicable Utilities Section 18 810 120 states that all utility lines, but not limited to those required for electric, communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and • The developer shall make all necessary arrangements with the serving utility to provide the underground services, • The City reserves the right to approve location of all surface mounted facilities, • All underground utilities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets, and • Stubs for service connections shall be long enough to avoid disturbing the street improvements when service connect�ons 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 �s a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities An applicant for a development which is served by ENGINEERING COMMENTS MLP 2002-00004 Kerr Partition PAGE 5 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 no overhead utility lines along 87th Court Therefore, this section does not apply ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS Public Water System The City's public water system serves this site A new water service will be needed when the new home on Parcel 2 is constructed 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 keep�ng the facility ma�ntained 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 Parcel 2 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 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 prior to approval of the final plat For this pro�ect, the addressing fee will be $30 00 ENGINEERING COMMENTS MLP 2002-00004 Kerr Partition PAGE 6 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 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 gnd 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 new driveway apron for Parcel 2, a storm drainage tap for Parcel 2 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 Engmeering Department NOTE these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall and the City's web page (www ci tigard or us) The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements For example, specify if the entity is a corporation, limited partnership, LLC, etc Also 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 ENGINEERING COMMENTS MLP 2002-00004 Kerr Partition PAGE 7 The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW 87th Court ad�acent to the sub�ect property, when any of the followmg 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 sharmg of design and/or construction expenses by the third party owner(s) of property in addition to the sub�ect property, or D when construction of the improvements is deemed to be appropriate by the City Engineer in con�unction with construction of improvements by others ad�acent to the sub�ect site Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of$30 00 (STAFF CONTACT Shirley Treat, Engineering) The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network 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 gnd measurements and the angle from north to grid north These coordinates can be established by • GPS tie networked to the City's GPS survey • By random traverse using conventional surveying methods Final Plat Application Submission Requirements A Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative B 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 C NOTE Washington County will not begin their review of the final plat until they receive notice from the Engineermg Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor D After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or ENGINEERING COMMENTS MLP 2002-00004 Kerr Partition PAGE 8 City Engineer and Community Development Director signatures (for subdivisions) THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS Submit to the Engineering Department (Brian Rager, 639-4171, ext 318) for review and approval Prior to issuance of building permits, the applicant shall provide the Engineering Department with a mylar copy of the recorded final plat Prior to issuance of the building permit for Parcel 2, 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\brianrlcommentsUnlp�mlp2002-00004 doc ENGINEERING COMMENTS MLP 2002-00004 Kerr Partition PAGE 9 , _ R . !,, �� CleanWater Serv�ces Oiii �uinniil�n�n� n � �� ii May 13, 2002 Carl Miller 11615 SW Cloud Ct Tigard, OR 97224 RE Minor land partition located at 13920 SW 87�h Ct , Tigard, OR CWS file 1951 (Tax map 2S102DD, Tax lot 00810) Clean Water Services has received your Sensitive Areas Certification Form for the above referenced site Staff has reviewed the Sensitive Areas Certification Form, site conditions, and the description of your pro�ect and concurs that the above referenced pro�ect will not significantly impact the existing sensitive areas found near the site In light of this result, this document will serve as your Service Provider letter as required by Resolution and Order 00-7, Section 3 02 1 , and your Stormwater Connection authorization from Clean Water Services as �cqu,��u py �rc,�nance �r, �ecric�r� 4 6 AI� rcqu��ea perr�iis a�d appro�als must be obtained and completed under applicable local state and federal law This 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 503-846-3553 Sincerely L�� Chuck Buckallew Clean Water Services \\mo_serv_04\eng$1De.velopmcnt Svcs\SP 00 7\Concurrence Letters�2S 102DD00810 no impact to�vater quahtv doc 155 N First Avenue Suite 270 • Hillsboro Oregon 97124 oi �n� ��0� "' �r_i `C= ° _ -� i.._,- e � t ii- ^ � , � � 3 :1. - ti� Ni "v. - ��7 CY ! (i? CJ �3 H Se, iU a� �i y,. , F' (/' ;�' � ' O U �,) O :b �t, iG lli� Su �3' [f W �i �� rS -.1 1-+•7 Y � m u� r i �u i � r�• t� r� �r, � �. �� r� +s n, �i. cn yv a� n� �i� a� �� p �rt ;�. ,�� . �; [:1 'r� n� cn ci. ;�, :�� cr� ,. n n N• �s n FJ :.�' o r� u hi r„ ;,% , �; �'� u� n, ;-, r; F i m + � `i :� cG N �� t= �i r�. � Q; C) ut •• il, il, ;r, , (1� W �'. '.J C1 �� ;L �.i :� H� cl, •• ;s � c:� rn <<, m ,r �� ,,2 tn u� :� p. �t � A� i-r 1-'• (: �� ii� ' ' F� U) ;f �� -r �•� �.; ui � « A) J� :Y G_i N i� }� �-t O ui n; r� ui t�� U� �� . U� r� p •• U O �'� r't • ;J F-�• f.,. �r :S O U � �r i� t1' G :� C- s'" �C� ��. U �_i O �; :f }�• ;7 lL2 n h-'• O �� u� (i . I--' t!� ui f� h-' i� ti F'• ;3 r{ ;-, i1, u �; �h '<; ;y S' :1 ,r :_s _ .. ¢. f�. ;r p. 1L �; �J ui '[3 ;I� 0, U� C; �l) 'c7 .. .. �y �.,. � G SL :Y r-n ; ,r �a, ;:s c�� , w �+ �-� �t i3' .L A� n> Cf t�' �n � 'tJ n v tt r; r� r� �U F-'• C� ., ::� 1,. ,'� i.> (D � �. f] rS Q� Q) �Y � W t-t W •7 tu ib c!� r; ,-t rI �i iu �r iu ;S �i• i� i„ ti, N 'i : I-'• .3 fl) '-.q �b Ci U U� L= ;-] , ,�, �,. � (1 '� �f ;�1 �: �U (L ti CS' .. i� IA � C� i] �S . (;, F,. �F O Il, Ct I--'• C) ll (1 rt �2. I�• R) �1 <� F'• �T' f!1 f-1 (1) O i:. ::i '(3 �S N �T U (1� ;z� ;�, ��, � n> rt c� m �t �: '[3 :u r� ,, �+ f�� .. « w :s J G, .j �.. ��. ii; [u F� �;l'. rr r 3 �l, iu c� � O � :� �� i � :3 . 'c .� ri c l �7, :-S' :r ri tl �-t 'C7 'i3 'CS 'c3 c�, ri R, :� u1 i�� F�. � O 'c3 u� �; F�. ;s - W �� m sL w u� t3' w � t-t �i Gl i;• 1."' :S F-� ... 1'� ,� U� F,� . (� ��) :'� �f ('l �i J� {.L r? u, ,'� N ut P� :�) , r5 i�. �t ��s n O r� ,r !� fn w C' iU �l; �t ��• ~1 r� c. �) i � n, �j r r� N• (n c� N r.•' 1.�' D' Yt i�, ;) {..•. �(! ��I� O h' F�' ;�� Ci i�� C7 i�� L; ,-r rr, :i; �!, �, ;�, n) rt ��, �t � tt u J ;-f tu N i, w 1�. • ;:� �n �ti i; �'1,'.:) Q• �i �i, _ �'• c� C1, '� . � ;7 �-� ;i �_f ,.. 1-' ft. i-t :J ¢ Ur f-S (t it �<� r( �.,. �J• U � . r. �� :„ �t iil . �.; , i�i Ft u� r�� ;v �' L� n' C+ �r ti'1� �J :t� • ;:t :� e `- A1 O N• (L �I� ' r-j UI , �-1 \ ;i' • U� CU � t ' 1 ' !'' 1.-'• :u �i :-1 '�'' ;f • � �f� F�• ;i, rr' Q± �..,. � , i1 p �i U' �i rU F-'• tl� �`\ J h'• i.�' (i> :�. _ �.I, iy i1� �� . �.�. rS fL n Ui •y J �a� UI il�� I�h • .I. '� '� l� �l� :J :�' 111 (li n � � . �r il� C) • '�1. lU- �: N Oi �1 t+1 1-' 1-'' `� Su <) �I, ;� r� ,.. . �I rt �: tn !y 1-' w � `�� i , �.-t fi! i. ;y u2 �� Y ¢r '.S ri Qi �il�t; F-' (U .. . . UI Q� ✓'v fU 4C �) (I) (� l`J W t �i (i'. ';� � �Y �f I'- U� �C c1 O O F, �-1 �Y �t Q .. ;u W Ul Ol • i-t ;] r'S 1-h - • 1i �) >:� � 1-' i f �-1� ('t :11 (] 1''' Ul ��? ,-� �,. �t; , i � u. r�• ri � Y f A �� - ;1 Su � ��; I t. q> � - 'CS F-�� . ,� F,. �) r-' Iv ri ._� ._, l'.< ll. V-� Ct •�Lt ; > F • � r r :�� u .t: ' r-r �1 :u 'C w w �.. ;i f.,. , �. rr W :-1 �l �'i (li �t �:.; 'Ci •+' ;, iu in t0 N �-t SL �� %''\ �i �1, u:; �D �� 'ti � :J' }-� � rt �i r: i L u, rh R. �t� -� N• �t 11� ' i t � �l ii � r� �t� 1L �i� �i �: �i rt � -., ;.7 iG i', r2. , Q1 ("1 �. �.0 W r:, �-j . rl . L) f�. �,-t !A ir �; f�� r^, lY V.... �� - il? G � r� • � r I � �i'ARRANTY DEED STATE OF ORE(i0N 6 GLORIA ELLIOTT County ol Waahlnpton } SS ORANTOR NAME ' �o� ��LL i��` II ! RiCHAR�J KFt� °n; r ,�>r,c .^� �a, ��e?�. e►as -�s TR1StCCS ORMT88 NAM& Clerk ior�l}p'��} � �� ^ ��y ity tnat ,11615 SW Cloud Court the wlt � Q e�ved and k cst f said T�¢ard. Ore¢on 97224 oounty � '� �'(,� ' ' � � � r � , p * ,� � Gnotee'�Addrm, Zlp � � After rccording retum to '��'{� � � , �S� !, RICNARD KERR and �nRIA KE R \�J�rr� er}gc�t;`�'Jirector of - 1615 SW Cloud Cn�an �p�}f,��G�Y Clerakxetion Ex Ti¢ard. Ore¢on 97224 Doc 2000031647 N'n'e,�aa�,,�p Rect 253185 22 00 04/20/2000 03 17 57pm Unul a change is rcquated all taz statements shall be scnt to the follow�ng address NO CHANGE N.me Addres Zlp SPACE ABOVE FOR RECORDER S USE WARRANTY DEED-STA'I'UTORY FORM GLOR[A ELLIOTT also known as GLARIA K&RR,Trustee and Gnntor,conveys and warrants to J RICHARD KERR and GLORIA KERR Trustees, or their successors tn trust under the KERR L.IVING TRUST dated , 2000, and any amendments thereto, a revocable living trust Grantee(s), the followuig descn real property situated m Washington County Oregon, to wit LATS 3, and 4, FILBERT PARK, Washington County, Oregon The said property �s free frorn encumbrances and other �nterests except encumbrances of record ansu�g by, through or under Grantors and any exceptions shown on Deed recorded in Book No 771, Page 166, Wastungton County, Oregon The true considerat�on paid for this conveyance is $0 00, Dated this_ 1 7 day of ` 20Q0 , � DFSI C BED JN TyLS INSI'RUMENT INVlOLA710N OF APPL�ICABLE -�l N" - �F'�`�"`"" —�— LAND USE LAWS AND REGULA'ClONS BEFORE SIONING OR GIARIA ELLIOTT TruStee ACCEPI7N0 7H1S WSIRUMbN'f THE PERSON ACQUIRlNG FEE 'RTLE TO THE PAOPERTY SHOULD CHECK W17N 'iHB APPROPRIATE CITY OR COVN7Y PLANNING DEP,qR'I'Mp,NT Tp V�F�Y�SPPROAIN57�FARMINGOR PORFST P�RACTICES AS DEF➢dED IN ORS 30 930 STATE OF OREGON COUNTY OF WASHINGTON ) as Th�s mstrument was acknowledged befoze me on_ L�-/'? 200p by ai.ottta EuaoTT � R R�Cp p��{�,g� bl�c fo egon MDTAR1r�t19ltC-OAEGOp My comm� e pires C04YISSIOM NO A1fOS19 N1'COYYISSION E�(pIRES APRI��,� r ti REQUEST FOR COMMENTS CITYOFTIGARD Commumty�DeveCopment SkapzngA Better Commumty DATE ne 6 2002 TO lo o Pro e Mana er/Public Works De artment RECEIVED PLANNING . FROM Cip�of Ti9ard Plannin9 Diuision J U N 1 2 200Z STAFF CONTACT Brad i(ilbY,Associate Planner[x24341 �1TM�T�ARp Phonc [5031639-4111/Fax [5031684-1297 MINOR LAND PARTITION[MLPI 2002-00004 ➢ KERR PARTITION Q REQUEST Approval of a 2-lot Minor Land Partition of 35 acres Parcel one has an existing home on site, Parcel two will be developed with a single family residence The lot sizes for this development would be 7,770 square feet and 7,501 square feet respectively LOCATION 13920 SW 87�' Court, WCTM 2S102DD, Tax Lot 810 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, 18 725, 18 765, 18 790 and 18 810 Attached are the Site Plan, Vicinity Map and Applicant's Information for your review From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision wdl be rendered on the propo� sal in the near future If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY JUNE 20. 2002 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 Boulevard, Tigard, OR 97223 PLE CHECK THE FOLLOWING ITEMS THAT APPLY _ We have reviewed the proposal and have no ob�ections to it Please contact of our office Please refer to the enclosed letter _ Written comments provided below I Name& Number of Person Commenting � REQUEST FOR COMMENTS CITYOFTIGARD Commumty�DeveCopment ShaprngA Better Commumty DATE lune 6.2002 TO Dennis Koellermeier,Operations Mana9er/Water Department FROM City of Ti9ard Plannin9 Division STAFF CONTACT Brad K�Ib11,Associate Planner[x24341 Phone [5031639-4171/Fax [5031684-7297 MINOR LAND PARTITION[MLPD 2002-00004 ➢ KERR PARTITION Q REQUEST Approval of a 2-lot Minor Land Partition of 35 acres Parcel one has an existing home on site, Parcel finro will be developed with a single family residence The lot sizes for this development would be 7,770 square feet and 7,501 square feet respectively LOCATION 13920 SW 87�' Court, WCTM 2S102DD, Tax Lot 810 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, 18 725, 18 765, 18 790 and 18 810 Attached are the Site Plan, Vicinity Map and ApplicanYs Information for your review From information supplied by various departments and agencies and from other information avadable to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY JUNE 20, 2002 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 Boulevard, Tigard, OR 97223 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY � We have reviewed the proposal and have no ob�ections to it Please contact of our office Please refer to the enclosed letter _ Written comments provided below , �Name 8 Number of Person Commenting ocb?(p u �(. r � � REQUEST FOR COMMENTS CITYOFTIGARD Commumty�DeveCopment ShaprngA�etter Commuraty DATE lune 6,2002 TO lim Wolf,Ti9ard Police Department Crime Preuenuon Officer RECEIVED PLANNING FROM Cit�of�i9ard Plannin9 DNision J U N 0 6 2002 STAFF CONTACT Brad KiIbY,Associate Planner(x2434D CITY GF�� Phone [5031639-4111/Fax [5031684-1297 MINOR LAND PARTITION[MLPI 2002-00004 ➢ KERR PARTITIOH Q REQUEST Approval of a 2-lot Minor Land Partition of 35 acres Parcel one has an existing home on site, Parcel finro will be developed with a single family residence The lot sizes for this development would be 7,770 square feet and 7,501 square feet respectively LOCATION 13920 SW 87�' Court, WCTM 2S102DD, Tax Lot 810 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, 18 725, 18 765, 18 790 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 deasion will be rendered on the� proposal in the near future If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY JUNE 20. 2002 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 Boulevard, Tigard, OR 97223 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY ✓ We have reviewed the proposal and have no ob�ections to it Please contact of our office Please refer to the enclosed letter _ Written comments provided below Name 8 Number of Person Commenting J�� V�o� i. "1-6�e1 � t, REQUEST FOR COMMENTS CITYOFTIGARD �ommumty�DeveCopment ShapingA�etter Commumty DATE lune 6,2002 TO PER ATTACHED FROM Cii�of Ti9ard Planning Diuision STAFF CONTACT Brad K�IbY,Associate Planner[x24341 Phone [5031639-4111/Fax [5031684-1297 MINOR LAND PARTITION[MLPI 2002-00004 ➢ KERR PARTITIOH Q REQUEST Approval of a 2-lot Minor Land Partition of 35 acres Parcel one has an existing home on site, Parcel finro will be developed with a single family residence The lot sizes for this development would be 7,770 square feet and 7,501 square feet respectively LOCATION 13920 SW 87�' Court, WCTM 2S102DD, Tax Lot 810 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, 18 725, 18 765, 18 790 and 18 810 Attached are the Site Pian, Vicinity Map and ApplicanYs Information for your review From information supplied by various departments and agencies and from other mformation available to our staff, a report and recommendation will be prepared and a decision will be rendered on the propo� sal in the near future If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY JUNE 20, 2002 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 m wnting as soon as possible If you have any questions, contact the Tigard Planning Division, 13125 SW Hall Boulevard, Tigard, OR 97223 PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY _ We have reviewed the proposal and have no ob�ections to it Please contact of our office Please refer to the enclosed letter _ Written comments provided below �Name 8 Number of Person Comment�ng � . „ CITY � TIGARD REQUEST FOR C0� :NTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: f Lt' �C�,� '�'CC�� FILE NAME: '� , r� CITIIEN INYOLVEMENT TFAMS 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ❑Central ❑East�South ❑West OProposal Descrip.in Library CIT Book CITY OFFlCES �UNG RANGE PLANNINGBarbara Shields,Planning Mgr. OMMUNITY DVLPMNT.DEPTJPIanning-Engineeri�g Techs. �OLICE DEPTJJim Wolf,Crime Prevention Officer ILDING DIVISION/Gary Lampella,Building Official �NGINEERING DEPTJBrian Rager,Dvlpmnt.Review Engineer,�(VATER DEPTJDennis Kcellertneier,Operations Mgr. CITY ADMINISTRATION/Cathy Wheatley,City Recorder �PUBLIC WORKS/John Roy,Property Manager � PUBLIC WORKS/Matt Stine,Urban Forester �PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! _C.DJSherman Caspet,Pertnit Coord.(SDR/CUP re TIF� SPECIAL DISTRICTS TUAL.HILLS PARK&REC.DIST.��UALATIN VALLEY FIRE&RESCUE� _ TUALATIN VALLEY WATER DISTRICT�Y �CLEANWATER SERVICES+� Planning Manager Fire Marshall Administrative Office Lee Walker/SWM Program 15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124 LOCAL AND STATE IURISDICTIONS CITY OF BEAVERTON � _ CITY OF TUALATIN� OR.DEPT.OF FISH 8 WILDLIFE OR.DIV.OF STATE LANDS _ Planning Manager Plar�ning Manager 2501 SW First Avenue Jennifer Goodridge Irish Bunnell,oeVewv�s�s PO Box 369 PO Box 59 775 Summer Street NE PO Box 4755 Tualatin,OR 97062 Portland,OR 97207 Salem,OR 97301-1279 Beaverton,OR 97076 _ OR.PUB.UTILITIES COMM. METRO-LAND USE 8 PLANNING � _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM� 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland.OR 97232-2736 PoRland,OR 97232 PO Box 23483 _ Bob Knight,ow Ra�c�Rca� US ARMY CORPS.OF ENG. Durham,OR 97281-3483 _ Paulette Allen,c�owmM��+coo�a�m. OR.DEPT.OF LAND CONSERV.B DVLP Kathryn Harris _ Mel Huie,GreenspacesCooNinala(CPA20A) Larry French�comn a�n�,a�oror> Routing CENWP-OP-G CITY OF KING CITY� _ Jennifer Budhabhatti,R��ww�tw��as� 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,GrovAhManapertiertServices Salem,OR 97301-2540 PoRland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY � OR.DEPT.OF ENERGY�Powe�ines n nrea) _OREGON DEPT.OF TRANS.(ODOT) Dept.of Land Use 8 Transp. Bonneville Power Administration Aeronautics Division�MO�o�N r�.Bi 155 N.First Avenue CITY OF LAKE OSWEGO� Routing TTRC-Attn: Renae Ferrera Tom Highland,��,�� Suite 350,MS 13 Planning Director PO Box 3621 3040 25th Street,SE Hillsboro.OR 97124 PO Box 369 Portland,OR 97208-3621 Salem,OR 97310 Brent Curtis�cPa> Lake Oswego,OR 97034 _Gregg Leion tcPn� _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 � Anne LaMountain�icauRe� CITY OF PORTLAND c��h��w�r,a:�a va��a�e��o�y i�> _Sonya Kazen,oe�eioume�t ae�ew coom+nam� _Phil Healy c��n�urte� David Knowles,a��m�e�rea�or. Regional Administrator Carl Toland, Right-of-Way Section Na�a�:� ��Steve Conway ic��nva�.� Portland Building 106,Rm. 1002 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Sr.Cartographer�cPUZC�i.,s�. 1120 SW Fifth Avenue Portland,OR 97201-4987 Portland,OR 97209-4037 Jim Nims czc.o>MS,s Portland,OR 97204 _Doria Mateja�zca�Ms„ _ WCCCA�9'I'I)(Monopole Tawen) ODOT,REGION 1 -DISTRICT 2A� . Dave Austin Jane Estes,PermitSpecialist 17911 NW Evergreen Parkway 5440 SW Westgate Drive,Suite 350 Beaverton,OR 97006 Portland,OR 97221-2414 UTILITY PROVIDERS AND SPECIAL AGENCIES PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Bur�ington NorthemlSanta Fe R/R Predecessor) Robert I.Melbo,President&General Manager 110 W. 10th Avenue Albany,OR 97321 SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS ATBT CABLE TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer�a��x�b�o��Y� Pat McGann (If Pioject is WM1�in Y.Mde of A Transil Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street Beaverton,OR 97006-4886 Portland,OR 97232 �ORTLAND GENERAL ELECTRIC NW NATURAL GAS COMPANY �ERIZON _ QWEST COMMUNICATIONS Jim VanKleek,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Enginee�ing Jeri Cella,Engineering 9480 SW Boeckman Road 220 NW Second Avenue PO Box 1100 8021 5W Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 BeaveRon,OR 97075-1100 Portland,OR 97219 TIGARDlTUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 ATBT CABLE��.e.wn.a�r,wvav� Marsha Butler,Administrative Offices Jan Youngquist,Demographics 8 Planning Dept. Diana Carpenter 6960 SW Sandburg SUeet 16550 SW MeAo 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 ANT/ALL CITT PROJECTS(Project Planner Is Responsible For Indicating Puties To Notify). h:�patty�mas�ersutequest For Comments Not�r�cation�is�2.doc (Revised: e-hnar•o2> MAILING RECORDS � AFFIDAVIT OF MAILING CITYOFTIOARD �ommuraty�DeveCopment SkapmgA Better�ommuraty I, �'atnaa L Lu�orQ being first duly sworn/affirm, on oath depose and say that I am a SenwrAdmmutrat:veSpec�aGst for the �`cty of7'�gar 4Nashtngton County, Oregon and that I served the following (Chetl�Appmpnate Box(s)Bebw) ❑X NOTICE OF DECISION FOR MLP2002 00004/KERR PARTITION � AMENDED NOTICE (File NolName Reterence) � City of Tigard Planning Director A copy of the said notice being hereto attached, marked EXhlbit"A",and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked E1lhhlbit"B",and by reference made a part hereof, on 101Y 12,2002,and deposited in the United States Mail on 10 11Y 2,2002, postage prepaid , � � (Person th repared Notic ,5'�'A�o�oR�GoN ) Coun�y o�''Waskrngtorc )ss �i�j►of 7igard ) �— Subscribed and sworn/affirmed before me on the ��day of , 2002 OFFICIAL SEAL DIIANE flfl JELDERKS ' NOTARY PUBLIGOREGON �i�l� COMMISSION NO 326578 MY COMMISSION EXPIRES SEPT 07 2003 M1I Commission Expire c 7 0 �� } �� NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2002-00004 CITY OF TIGARD KERR PARTITION Commuraty�Devefopment ShapTngA�ettesCommumty 120 DAYS = 9/28/2002 SECTION I APPLICATION SUMMARY FILE NAME KERR PARTITION CASE NO Minor Land Partition (MLP) MLP2002-00004 PROPOSAL The applicant is requesting approval of a 2-lot Minor Land Partition of 35 acres Parcel one has an existing home on site, Parcel two wdl be developed with a single-family residence The lot sizes for this development would be 7,770 square feet and 7,501 square feet respectively APPLICANT Carl Miller OWNER Kerr Living Trust 14190 SW 117th Avenue 11615 SW Cloud Court Tigard, OR 97224 Tigard, OR 97224 ZONING DESIGNATION R-4 5 Low-Density Res�dential 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 LOCATION 13920 SW 87�' Court, WCTM 2S102DD, Tax Lot 810 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), 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 fuil decision, available at City Hall THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION All documents and applicable criteria in the above-noted file are avadable for inspection at no cost or copies can be obtained for finrenty-five cents (25�) per page, or the current rate charged for copies at the time of the request SECTION III PROCEDURE AND APPEAL INFORMATION Notice Notice mailed to X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision THIS DECISION IS FINAL ON JULY 12, 2002 AND BECOMES EFFECTIVE ON JULY 27, 2002 UNLESS AN APPEAL IS FILED �A �� eal The Director's Decision is final on the date that it is mailed All persons entitled to notice or who are otherwise adverselX affected or aggrieved by the decision as provided in Section 18 390 040 G 1 may appeal this decision in accordance with Section 18 390 040 G 2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Fiall Boulevard, Tigard, Oregon 97223 Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that may be adopted from time to time by the appellate body THE DEADLINE FOR FILING AN APPEAL IS 5 00 PM ON JULY 26, 2002 Questions For further information please contact the Planning Division Staff Planner, Brad Kilbv at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 s YICINITY MAP A MLP2002 00004 KERR PARiITION I SITE a� n ,� �`S i � z r z v LROSE CT a A �' o T F q N g S N �i � lN n I � � T � x � � I ; ; � o �� Cry fTgerd s ry�a�o.� i�m.. ...�a+ � � � r im[mrrt swuar sa B�sn oF�EMINCS wrtu PoNf �o�i mau n�m -1_ [�marr r ror�on�nw� 5 BY!I,TD E�70 ie �a��m yAtnr��r/w� �_i SO)�inn ��!�'N $8QlI JO C I7911 Y��m -? yo,q1�y a nw � � � *� _ __ m � � � mm u�i'n.ur uw cac ———�— rvrt a/ /1O°° �mn�aw..tm u[ i-b'Y7 � �____'_�__ _ m�__ �xC�° o I ��awrz swr,w.swa .u.v mc.n ameum ra nr� ` y I �,��,� _ �"�"°"�°°' W3 I 5,r I ;� `ot PA�CEL, � I a� I s r � I $ PA�EV g 8 � �g� �.Ot 4 8 g7 K �m"�� 0� p} 7 I I L Y 8 � � � � �{� y � M u^ � _ - �1 —� I++._ R1�67�C � �1529�P Y �^°�`°�,1�bt.�romy� ' _ _ _— .__ _-_ _ L � ` ��t M/�A N 99JIJ0 W BJ1P V ��\ ��, � n�� _————_ ��]ibT I-�l�.P f�`i1��_r_ — — —Q_ �\ p 3'd4'd`"� �n 1°'��I I �r�� I sw e�TH cr � � ��i,u I � ow sv e mo\ --- � ��N0 bP � I � / \ � I 5 �� i �ot �>__ i �\ � � oj � i i 6 � \ � I �� 0S � � 1� I� 1 II �� I � I I � I I I I �-----------1------------------� L --J ,� CITT oF TsGARD � MLP2002 OOOD4 g�pLpN N KERR PARTITION Ma is not to scale M LO�D�-� 2S171AA 00500 2S702DD-00900 ��?�' �"�� ANDERSON RICK L&JANICE R COLLING CHARLES W 1 15428 SW PEACHTREE DR 13835 SW HALL TIGARD OR 97224 TIGARD OR 97223 2S 102DD-00902 2S 102DD-00901 BANTA MICHAEL CHARLES SR&RUTH C NG ARLES W 8878 SW EDGEWOOD ST 138 HALL TIGARD OR 97223 T ARD 97223 2S111AA-00700 2S702DD-00872 BIGGS PATRICIA N& CURTIS DAVID L 8 CONSTANCE G TR ARTHUR V TRUSTEES 14610 SW HAWK RIDGE RD 14250 SW 88TH AVE TIGARD OR 97224 TIGARD OR 97224 2S 102DD-05800 2S 7 02DD-00808 BLACKSTONE NORA TIS D D L&CONSTANCE G TR 18695 SE UPPER ISLAND DR 7461 HAWK RIDGE RD DAYTON OR 97114 ARD 97224 2S102DD-00801 2S102DD-00813 BOGAN BUTCH AND SUSAN HANSON C S D L 8�CONSTANCE G TR 13855 SW HALL BLVD 1461 WK RIDGE RD TIGARD OR 97223 T ARD OR 97224 2S 102DD-00802 2S 111 AA-00200 BOSSHARDT ARTHUR A DOROTHEA W MCKINZIE FAMILY TRUST 13915 SW HALL BLVD BY BOZICH JEFFREY A&DANIEL L TIGARD OR 97223 14075 SW HALL BLVD TIGARD OR 97224 2S 102DD-00800 2S 102DC-01200 BOZICH DANIEL L JR& DUFFIELD EDWARD D SUSAN LAURILA LINDSEY I 8895 SW EDGEWOOD 8685 SW MCDONALD TIGARD OR 97223 TIGARD OR 97224 2S 102DD-05200 2S 102DD-00803 BR EP OWNERS OF DURBIN CARL LEE LOTS 13985 SW HALL BLVD TIGARD OR 97223 2S 102DD-04400 2S 102DD-03600 CAVILLIOGLU YILDI2 F Y P 8539 SW JOHN CT OW OF LOTS 3-8 TIGARD OR 97223 0 2S 102DD-02200 2S 102DC-01302 CHRISTENSEN CAZIER ELLEN L AND FOOR SHIRLEY JOANNE CAZIER SANDRA D 8895 SW MCDONALD ST 8581 SW MERLYNE CT TIGARD OR 97223 TIGARD OR 97224 2S 102DD-00809 2S 102D D-00810 GARDNER RICHARD A KERR LIVING TRUST 13940 SW 87TH CT BY J RICHARD&GLORIA KERR TRS TIGARD OR 97223 11675 SW CLOUD CT TIGARD OR 97224 2S102DC-01300 2S102DD-01604 GARIBALDI ALBERT R&PATRICIA S LASNIEWSKI WILLIAM L AND 8920 SW EDGEWOOD ST TERESA A TIGARD OR 97223 8860 SW EDGEWOOD TIGARD OR 97223 2S 102DD-04200 2S 102DC-01307 GARRIETY BARRY A&SUSAN J LEHR RONALD D&DONA K 13881 SW FANNO CREEK DR 8935 SW MCDONALD TIGARD OR 97223 TIGARD OR 97224 2S 102DC-01100 2S 102DC-01303 GOETZ HOWARD V AND NANCY K LUNG DAVID W 8935 SW EDGEWOOD ST 8855 SW MCDONALD ST TIGARD OR 97223 TIGARD OR 97223 2S 102DC-01305 2S 102DC-01304 HARRIS RICK G 8 MABRAY LARRY G AND DIANA L KREIN CAROL D 8890 SW EDGEWOOD ST 8930 SW EDGEWOOD ST TIGARD OR 97223 TIGARD OR 97223 2S 111 AA-07 000 2S 102DC-01401 HOLLAND RONALD J&KATHLEEN E MALLETT WALTER A&CELESTE ALBORADA 2511 8960 SW EDGEWOOD ST CARR#2 KM 8 6 TIGARD OR 97223 BAYAMON PR 959 2S102DD-05600 2S102DD-00804 HUDSON KATHLEEN L MARKS GARY L AND KELLY L 13705 SW HALL 8815 SW MCDONALD ST TIGARD OR 97223 TIGARD OR 97224 2S 111 AA-00800 2S 102DDA0903 KAISER BRUCE A MCELEVEY MICHAEL J AND EVELYN ANN ROSS CATHY 8860 SW MCDONALD 8880 SW EDGEWOOD TIGARD OR 97223 TIGARD OR 97223 2S 111 AA-00900 2S 102DC-07 402 KAISER BRUCE A AND MILLER DANIEL W&KRISTIN D EVELYN A 8940 SW EDGEWOOD ST 8860 SW MCDONALD TIGARD OR 97223 TIGARD OR 97223 2S102DD-00811 2S102DC-00900 KERR GLORIA TRUSTEE MILLER MATTHEW HOWARD 8 11615 SW CLOUD CT ILENE RENE TIGARD OR 97224 8855 SW EDGEWOOD TIGARD OR 97223 1 2S102DD-04100 2S102DD-02300 NEILSON DAVID H&RHONDA R SMART PETER E&ELIZABETH H 13807 SW FANNO CREEK DRIVE 8543 SW MERLYNE CT TIGARD OR 97223 TIGARD OR 97224 2S 102DD-02100 2S 102DD-04500 OLIVER NATHAN J SMITH KENT C 8570 SW MERLYNE CT 8575 SW JOHN CT TIGARD OR 97224 TIGARD OR 97223 2S102DD-02000 2S102DD-00805 OLSON BERNICE J AND SNOW GEORGE T AND JOHNSON BEVERLY KAYE& DOROTHY JEAN OLSON CHRIS G AND RONALD 8775 SW MCDONALD 8536 SW MERLYNE CT TIGARD OR 97224 TIGARD OR 97224 2S171AA-00100 2S102DD-00400 PITMAN JEFFERY& SOLARES HOMES L L C CROSSETT PITMAN ELIZABETH BY NORRIS BEGGS&SIMPSON 8640 SW MCDONALD ST LOAN SVC DEPT TIGARD OR 97224 121 SW MORRISON#200 PORTLAND OR 97204 2S102DC-02500 2S102DD-01100 RATALSKY MATTHEW A&JEAN S SOLIS EDGAR TRUSTEE 8985 SW MCDONALD ST PO BOX 231193 TIGARD OR 97224 TIGARD OR 97281 2S102DD-05700 2S102DD-01600 REUTHER DEBBIE TINNIN ROBERT O ELAINE M 11900 SW JAMES CT 8876 SW EDGEWOOD STREET TIGARD OR 97223 TIGARD OR 97223 2S102DD-04300 2S102DD-01602 RIEKS RANDALL J& TOKUDA KAZUHIDE AND JENNIFER A CAROL LYN 8501 SW JOHN CT 8870 SW EDGEWOOD ST TIGARD OR 97223 TIGARD OR 97223 2S 117 AA-00300 2S 102DD-02400 ROBINSON DOUGLAS A& TON HIEN THAT 8� O CONNELL KATHLEEN C NGUYEN MEN T 14085 SW HALL BLVD 8517 SW MERLYNE CT TIGARD OR 97224 TIGARD OR 97224 2S 102DC-07 000 2S 102DD-00806 RUSSELL NORMAN L WHITMAN WAYNE I AND 8857 SW EDGEWOOD ST BETTY A TIGARD OR 97223 8665 SW MCDONALD TIGARD OR 97223 2S 111 AA-00600 2S 102DD-00300 SENKEL DONALD CARL ZANDER DENELL D 21080 SW KRUGER RD CAROL M SHERWOOD OR 97140 13700 SW HALL BLVD TIGARD OR 97223 . �. _ Jack Biethan 11023 SW Summerfieid Dnve,#4 Tigard, OR 97224 Knsten Mdler 8940 SW Edgewood Street Tigard, OR 97223 Paul Owen 10335 SW Highland Dnve Tigard, OR 97224 Louise Fronvdle 15760 SW Oak Meadow Lane Tigard, OR 97224 Tim Esav PO Box 230695 Tigard, OR 97281 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Bnan Wegener 9830 SW Kimberly Dnve Tigard, OR 97224 CITY OF TIGARD - SOUTH (R SUBCOMMfifEE (pg I of I) (i\curpin\setup\labels\CIT South doc) UPDATED Apnl 18 2002 AFFIDAVIT �F MAILING CITYOFTIGARD ('ommuiiity�rveCopment S�iapingA BetterCommunity I, �'atncia G. Lu�or� being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaC�rt for the �'ity of�I"�gar , 'Washington County, Oregon and that I served the following: �Chedc Appropnate Box(s)Bebw) ❑x NOTICE OF PENDING LAND USE APPLICATION FOR: MLP2002-00004/KERR PARTITION ❑ AMENDED NOTICE (File No./Name Reference) � City of Tigard Planning Director A copy of the said notice being hereto attached, marked E1lhlblt"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 Elchlbit"B",and by reference made a part hereof, on lune 6,2002,and deposited in the United States Mail on lune 6,2002, postage prepaid. �-- , , - :�i �� ,� ` C (Person that epared Notice) S7A?E O�'�GON ) County of`Was sngton )ss. City of?igard ) Subscribed and sworn/affirmed before me on the�day of , 2002. T OFFICIAL SEAL �- \ � ��, DIANE M JELDERKS y �' ' NOTARY PUBLIC-OREGON MY COMM�SIAONSE�XP RES SEPT.07,2ppg My Commission Expir : � ��HI�`�?� � NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE IT SHALL BE PROMPT�Y FORWARDED TO THE PURCHASER NOTICE OF PENDING LAND USE APPLICATION � MIHOR LAND PARTITION CITYOFTIGARD Commumty�DeveCopment t Sha ingABetterCommunity DATE OF NOTICE June 6, 2002 FILE NUMBERS MINOR LAND PARTITION (MLP) 200Z�00004 FILE NAME KERR PARTITION PROPOSAL Approval of a 2-lot Minor Land Partition of 35 acres Parcel one has an existing home on site, Parcel finro will be developed with a single-family residence The lot sizes for this development would be 7,770 square feet and 7,501 square feet respectively 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, 18 725, 18 765, 18 790 and 18 810 LOCATION 13920 SW 87`h Court, WCTM 2S102DD, Tax Lot 810 YOUR RIGHT TO PROVIDE WRITTEN COMMENTS Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to submit written comments on the application to the City THE FOURTEEN (14) DAY PERIOD ENDS AT 5 00 PM ON JUNE 20, 2002 All comments should be directed to Brad Kilby, 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 COMINENTS MUST BE RECEIVED BY THE CITIf OF TIGARD IN WBITING PRIOR TO 5 00 PM ON TNE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR JULY 12, 2002 IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN THE FOLLOWING INFORMATION . Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal, . Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response, . Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue , Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue Specific f�ndings 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 boundanes include the site, and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice INFORMATION/EVIDENCE AVAILABLE FOR REVIEW The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department Copies of these items may be obtained at a cost of $ 25 per page or the current rate charged for this service Questions regarding this application should be directed to the Planning Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written Comments " , s - YICINITY MAP Rn MLP2002-00004 i KERR PARTITION � � s�rE i e� � � f ~ � i �Ff d M °* .�`° e T Z I � ��—TF� _ Y � >ELROSE CT � D � I a I � � DRIVE � � r �Z p N � NT Z < I �� LN n I a � oq� o xaa 60C fr � � ox i a � V TERR � � � j I � ¢ Z �v � GtyofTgard o ,� a m m �aa •awa aP w..m�m.m s.mu aN.e �xesww a.e TIyN O ]I -- ('+�7M11W il 2S111AA-00500 2S102DD-00900 ��L{�� ANDERSON RICK L&JANICE R COLLING CHARLES W 15428 SW PEACHTREE DR 13835 SW HALL TIGARD OR 97224 TIGARD OR 97223 2S 102DD-00902 2S 102DD-00901 BANTA MICHAEL CHARLES SR 8 RUTH C NG ARLES W 8878 SW EDGEWOOD ST 138 HALL TIGARD OR 97223 ARD 97223 2S 111 AA-00700 2S 102DD-00812 BIGGS PATRICIA N& CURTIS DAVID L&CONSTANCE G TR ARTHUR V TRUSTEES 14610 SW HAWK RIDGE RD 14250 SW 88TH AVE TIGARD OR 97224 TIGARD OR 97224 2S 102DD-05800 2S 7 02DD-00808 BLACKSTONE NORA TIS D D L&CONSTANCE G TR 18695 SE UPPER ISLAND DR 1461 HAWK RIDGE RD DAYTON OR 97114 ARD 97224 2S 102DD-00801 2S 102DD-00813 BOGAN BUTCH AND SUSAN HANSON C S D L 8 CONSTANCE G TR 13855 SW HALL BLVD 1461 WK RIDGE RD TIGARD OR 97223 T ARD OR 97224 2S102DD-00802 2S111AA-00200 BOSSHARDT ARTHUR A DOROTHEA W MCKINZIE FAMILY TRUST 13915 SW HALL BLVD BY BOZICH JEFFREY A&DANIEL L TIGARD OR 97223 14075 SW HALL BLVD TIGARD OR 97224 2S 102DD-00800 2S 102DC-01 Z00 BOZICH DANIEL L JR& DUFFIELD EDWARD D SUSAN ` LAURILA LINDSEY I 8895 SW EDGEWOOD 8685 SW MCDONALD TIGARD OR 97223 TIGARD OR 97224 2S 102DD-05200 2S 102DD-00803 BR EP OWNERS OF DURBIN CARL LEE LOTS 13985 SW HALL BLVD TIGARD OR 97223 2S 7 02DD-04400 2S 102DD-03600 CAVILLIOGLU YILDI2 F Y P 8539 SW JOHN CT OW OF LOTS 3 S TIGARD OR 97223 0 2S102DD-02200 2S102DC 01302 CHRISTENSEN CAZIER ELLEN L AND FOOR SHIRLEY JOANNE CAZIER SANDRA D 8895 SW MCDONALD ST 8581 SW MERLYNE CT TIGARD OR 97223 TIGARD OR 97224 2S 7 02DD-00809 2S 102DD-00810 GARDNER RICHARD A KERR LIVING TRUST 13940 SW 87TH CT BY J RICHARD&GLORIA KERR TRS TIGARD OR 97223 11615 SW CLOUD CT TIGARD OR 97224 2S102DC-01300 2S102DD-01604 GARIBALDI ALBERT R&PATRICIA S LASNIEWSKI WILLIAM L AND 8920 SW EDGEWOOD ST TERESA A TIGARD OR 97223 8860 SW EDGEWOOD TIGARD OR 97223 2S102DD-04200 2S102DC-01301 GARRIETY BARRY A 8 SUSAN J LEHR RONALD D&DONA K 13881 SW FANNO CREEK DR 8935 SW MCDONALD TIGARD OR 97223 TIGARD OR 97224 2S 102DC-07100 2S 102DC-01303 GOETZ HOWARD V AND NANCY K LUNG DAVID W 8935 SW EDGEWOOD ST 8855 SW MCDONALD ST TIGARD OR 97223 TIGARD OR 97223 2S 102DC-07 305 2S 102DC-01304 HARRIS RICK G& MABRAY LARRY G AND DIANA L KREIN CAROL D 8890 SW EDGEWOOD ST 8930 SW EDGEWOOD ST TIGARD OR 97223 TIGARD OR 97223 2S111AA 01000 2S102DC-01401 HOLLAND RONALD J 8 KATHLEEN E MALLETT WALTER A&CELESTE ALBORADA 2511 8960 SW EDGEWOOD ST CARR#2 KM 8 6 TIGARD OR 97223 BAYAMON PR 959 2S102DD-05600 2S702DD-00804 HUDSON KATHLEEN L MARKS GARY L AND KELLY L 13705 SW HALL 8815 SW MCDONALD ST TIGARD OR 97223 TIGARD OR 97224 2S 111 AA-00800 2S 102DD-00903 KAISER BRUCE A MCELEVEY MICHAEL J AND EVELYN ANN ROSS CATHY 8860 SW MCDONALD 8880 SW EDGEWOOD TIGARD OR 97223 TIGARD OR 97223 2S 711 AA-00900 2S 102DC-01402 KAISER BRUCE A AND MILLER DANIEL W&KRISTIN D EVELYN A 8940 SW EDGEWOOD ST 8860 SW MCDONALD TIGARD OR 97223 TIGARD OR 97223 2S102DD-00811 2S102DC-00900 KERR GLORIA TRUSTEE MILLER MATTHEW HOWARD& 11615 SW CLOUD CT ILENE RENE TIGARD OR 97224 8855 SW EDGEWOOD TIGARD OR 97223 M 2S102DDA4100 2S102DD-02300 NEILSON DAVID H 8 RHONDA R SMART PETER E&ELIZABETH H 13807 SW FANNO CREEK DRIVE 8543 SW MERLYNE CT TIGARD OR 97223 TIGARD OR 97224 2S 102DD-02100 2S 102DD-04500 OLIVER NATHAN J SMITH KENT C 8570 SW MERLYNE CT 8575 SW JOHN CT TIGARD OR 97224 TIGARD OR 97223 2S102DD-02000 2S102DD-00805 OLSON BERNICE J AND SNOW GEORGE T AND JOHNSON BEVERLY KAYE& DOROTHY JEAN OLSON CHRIS G AND RONALD 8775 SW MCDONALD 8536 SW MERLYNE CT TIGARD OR 97224 TIGARD OR 97224 2S111AA-00100 2S102DD-00400 PITMAN JEFFERY& SOLARES HOMES L L C CROSSETT PITMAN ELIZABETH BY NORRIS BEGGS&SIMPSON 8640 SW MCDONALD ST LOAN SVC DEPT TIGARD OR 97224 121 SW MORRISON#200 PORTLAND OR 97204 2S 102DC-02500 2S 102DD-01100 RATALSKY MATTHEW A&JEAN S SOLIS EDGAR TRUSTEE 8985 SW MCDONALD ST PO BOX 231193 TIGARD OR 97224 TIGARD OR 97281 2S702DD-05700 2S702DD-07600 REUTHER DEBBIE TINNIN ROBERT O ELAINE M 11900 SW JAMES CT 8876 SW EDGEWOOD STREET TIGARD OR 97223 TIGARD OR 97223 2S102DD-04300 2S102DD-01602 RIEKS RANDALL J 8 TOKUDA KAZUHIDE AND JENNIFER A CAROL LYN 8501 SW JOHN CT 8870 SW EDGEWOOD ST TIGARD OR 97223 TIGARD OR 97223 2S 111 AA-00300 2S 102DD-02400 ROBINSON DOUGLAS A& TON HIEN THAT 8� O CONNELL KATHLEEN C NGUYEN MEN T 14085 SW HALL BLVD 8517 SW MERLYNE CT TIGARD OR 97224 TIGARD OR 97224 2S102DC-01000 2S102DD-00806 RUSSELL NORMAN L WHITMAN WAYNE I AND 8857 SW EDGEWOOD ST BETTY A TIGARD OR 97223 8665 SW MCDONALD TIGARD OR 97223 2S111AA 00600 2S102DD-00300 SENKEL DONALD CARL ZANDER DENELL D 21080 SW KRUGER RD CAROL M SHERWOOD OR 97140 13700 SW HALL BLVD TIGARD OR 97223 , w Jack Biethan 11023 SW Summerfield Dnve, #4 Tigard, OR 97224 Knsten Milier 8940 SW Edgewood Street Tigard, OR 97223 Paul Owen 10335 SW Highland Dnve Tigard, OR 97224 Louise Fronvdle 15760 SW Oak Meadow Lane Tigard, OR 97224 Tim Esav PO Box 230695 Tigard, OR 97281 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Bnan Wegener 9830 SW Kimberly Dnve Tigard, OR 97224 Carl Miller 14190 SW 117th Avenue Tigard OR 97224 CITY OF TIGARD - SOUTH CIT SUBCOMMITTEE (pg I of I) (i\curpin\setup\IabeIslCIT South doc) UPDATED Apnl 18 2002 � a ,� AFFIDAVIT OF MAILING arroFnonR� Commuraty�Development S�tajnngA BetterCommuraty I, �Patncra L Lu ord bemg first duly sworn/affirm, on oath depose and say that I am a SenwrAdmsnutrat�veSpecu�Gst for the �ty of7�gar�'Waskrn9ton�ounty, Oregon and that I served the followmg �cn��aw�a��Xcs�� ❑x NOflCE AF DECISION FOR MLP2002 00004/KERR PARTITION � AMENDED NOTICE (File NolName Reference) � City of Tigard Planrnng Director A copy of the said notice being hereto attached, marked ENhlbit"A",and by reference made a part hereof, was maded to each named person(s) at the address(s) shown on the attached list(s), marked Exhlblt"B",and by reference made a part hereof, on IOIY 12,2002,and deposited in the United States Mail on lll lhl 2,2002,postage prepaid ,£� 07 (Person that Pr red Notice) ,S�iA?E O�F'�GON ) Coun�y of`Was ington )ss �'c�j►of�iga�d ) Subscribed and sworn/affirmed before me on the r ��day of _ , 2002 b OFFICIA►-SEA� p�ANE M JELDERKS NOTARY PUBLIC OREGON COMMISSION NO 326578 �IIY COMM�SSION EXP�RES SEPT 07 2003 /� My Commission Eymires v , ��II�� NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2002-00004 CITYOFTIGARD KERR PARTITION Communtty�Dever�t SFiapmgA BetterCommuntty 120 DAYS = 9/28/2002 SECTION I APPLICATION SUMMARY FILE NAME KERR PARTITION CASE NO Minor Land Partition (MLP) MLP2002-00004 PROPOSAL The applicant is requesting approval of a 2-lot Minor Land Partition of 35 acres Parcel one has an existing home on site, Parcel finro will be developed with a single-family residence The lot sizes for this development would be 7,770 square feet and 7,501 square feet respectively APPLICANT Carl Miller OWNER Kerr Living Trust 14190 SW 117�' Avenue 11615 SW Cloud Court Tigard, OR 97224 Tigard, OR 97224 ZONING DESIGNATION R-4 5 Low-Density Residential District The R-4 5 zoning district is designed to accommodate detached single-famdy homes with or without accessory residential units at a minimum lot size of 7,500 square feet Duplexes and attached single-family units are permitted conditionally LOCATION 13920 SW 87�' Court, WCTM 2S102DD, Tax Lot 810 APPLICABLE REVIEW CRITERIA Community Development Code Chapters 18 390 (Decision-Making Procedures), 18 420 (Land Partitions), 18 510 (Residential Zonmg Districts), 18 705 (Access Egress and Circulation), 18 715 (Density Computations), 18 745 (Landscaping and Screening), 18 765 (Off-Street parking and Loading Requirements), 18 790 (Tree Removal), 18 795 (Visual Clearance Areas), 18 810 (Street and Utility Improvement Standards) SECTION II DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request sub�ect to certain conditions The findings and conclusions on which the decision is based are noted in Section V NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 1 OF 14 t CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT u mi o e ngineering epa men rian ager, , ex or review an approva 1 A Public Facility Improvement (PFI) permit is required for this pro�ect to cover the new driveway a�ron for Parcel 2, a storm drainage tap for Parcel 2 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 m addition to any drawmgs required by the Building 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 available at City Hall and the City's web page (www ci tigard or us) 2 The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will be designated as the "Permittee", and who will provide the financial assurance for the public improvements For example, specify if the entity is a corporation, limited partnership, LLC, etc Also specify the state within which the entity is incorporated and provide the name of the corporate contact person Failure to provide accurate information to the Engineering Department wdf delay processmg of pro�ect documents 3 The applicant shall execute a Restricti�e Covenant whereby they agree to complete or participate in the future improvements of SW 87 Court 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 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 sub�ect property, or D when construction of the im�rovements is deemed to be appropriate by the City Engineer in conJunction with construction of improvements by others ad�acent to the sub�ect site 4 Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of $30 00 (STAFF CONTACT Shirley Treat, Engineering) 4 The applicant's final plat shall contain State Plane Coordinates on finro monuments with a tie to the City's global posifloning system (GPS) geodetic control nefinrork These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north These coordinates can be establishedby . GPS tie nefinrorked to the City's GPS survey . By random traverse using conventional surveying methods 6 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 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 C NOTE Washington County wdl not begin their review of the final plat untd they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor D After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions) NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 2 OF 14 THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS u mi o e ngineering epa men rian ager, , ex or review an approva 7 Prior to issuance of budding permits, the applicant shall provide the Engineering Department with a mylar copy of the recorded final plat 8 Prior to issuance of the budding permit for Parcel 2, the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS) THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS DECISION SECTION III BACKGROUND INFORMATION Pro er Histo The su �ect parcel is located within the City of Tigard The property is designated Low-Density Residential on the Ti�ard Comprehensive Plan Map A record search was conducted and no other land use cases are associated with the parcel Site Information and Pro osal Descri tions The app icant is reques ing approva o a 2-lot Minor Land Partition of 35 acres Parcel one has an existing home on site, Parcel two will be developed with a single-family residence The lot sizes for this development would be 7,770 square feet and 7,501 square feet respectively SECTION IV PUBLIC COMMENTS No comments were received 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 wdl comply with all statuto and ordinance requirements and regulations at the time of proposed development as demonstrated bo�h by the analysis presented within this administrative decision and by this application and review process through compliance with the conditions of approval Therefore, this criterion is met There are adequate public facilities available to serve the proposal, Public facilities are discussed in detail later in this decision under Chapter 18 810 (Street & Utility Improvement Standards) Based on the analysis provided herein, Staff finds that adequate public facilities are available to serve the proposal Therefore, this criterion is met All proposed improvements meet City and applicable agency standards, and The public 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 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 NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 3 OF 14 All proposed lots conform to the specific requirements below The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district The minimum lot width required for the R-4 5 zoning district is 50 feet The smallest of the lots has a minimum width of 54 feet Therefore, this standard has been met The lot area shall be as required by the applicable zoning district In the case of a flag lot, the accessway may not be included in the lot area The minimum lot area requirement in the R-4 5 zoning district is 7,500 square feet The proposed partition creates two (2) lots that are 7,770 and 7,501 square feet respectively Therefore, this criterion has been satisfied Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement The proposed partition plat demonstrates �hat each lot wdl have frontage onto a public nght-of-way P�cel #1 has 67 feet of frontage on SW 87 Court Parcel #2 has approximately 54 feet of frontage on 87 Court Therefore, this standard has been met Setbacks shall be as required by the applicable zoning district The existing home on Parcel #1 has a front yard setback of 23 feet The rear yard setback is 54 feet, the eastern side yard setback is 7 62 feet and the western side yard setback is 5 feet Setbacks for proposed Parcel #2 wdl be reviewed at time of budding permit Therefore, this standard has been satisfied 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 No flag lot is associated with this application Therefore, this standard does not apply A screen shall be provided along the property line of a lot of record where the paved dnve �n an accessway is located within ten feet of an abutting lot in accordance with Sections 18 745 040 Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development No development is associated with this application The existing driveway for the home on Parcel #1 is within 10 feet of the property to the east However, the driveway is pre-existing therefore this standard does not apply 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 Comments from the Tualatin Valley Fire District are provided later in this decision under Section VII "Agency Comments" Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map The applicant has not proposed a common driveway Therefore, this standard does not apply Any access way shall comply with the standards set forth in Chapter 18 705, Access, Egress and Circulation This standard is addressed under Chapter 18 705 (Access, Egress and Circulation) later in this decision NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 4 OF 14 Where landfill and/or development is allowed within or ad�acent to the one-hundred year floodplain, the city shall reguire consideration of the dedication of sufficient open land area for greenway ad oining and wi�hin the floodplain This area shall include portions at a suitable elevation for�he construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan The sub�ect parcels are not ad�acent to or within 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 FINDING Based on the analysis above, staff finds that the Minor Land Partition Standards have been met Residential Zoning Districts (18 510) Development standards in residential zoning districts are contained in Table 18 510 2 below TABLE 18 510 2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-4 5 mimum ot ize - Detached unit 7,500 sq ft - Duplexes 10,000 sq ft - Attached unit 1 verage inimum ot i t - Detached unit lots 50 ft - Duplex lots 90 ft - Attached unit lots aximum ot overa e - inimum et ac s - Front yard 20 ft - Side facing street on corner& through lots 15 ft - Side yard 5 ft - Rear yard 15 ft - Side or rear yard abutting more restrictive zoning district - - Distance befinreen ro ert line and front of ara e 20 ft aximum ei t inimum an sca e e uirement - [1]Single family attached residenhal units permitted at one dwelling per lot�nnth no more that five attached units in one grouping [2]Lot coverage inGudes all buddings and impervious surfaces Mult�ple famdy dwelling unit " Single famdy dwelling urnt A minimum lot size of 7,500 square feet is required for each lot The proposed lot sizes of 7,501 and 7,770 square feet meet this standard The existing home on Parcel #1 has a front yard setback of 23 feet The rear yard setback is 54 feet, the eastern side yard setback is 7 62 feet and the western side yard setback is 5 feet Setbacks for proposed Parcel #2 will be reviewed at time of building permits Setback standards, required by Table 18 510 2 will apply to all future development of the proposed lots FINDING Based on the analysis above, the Residential Zoning District Standards have been met NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 5 OF 14 Access, Eqress and Circulation (18 705) Continuing obli�ation of property owner The provisions and maintenance of access and e ress stipulated in this title are continuing requirements or the use of any structure or parcel o� real property in the City Access Plan requirements No building or other permit shall be issued until scaled plans are presented an approved as rovided by this chapter that show how access, egress and circulation requ�rements are �o be fulfilled The applicant shall submit a site plan The Director shall provide the applicant with detailed informat�on about this submission requirement Access for proposed Parcel #2 will be reviewed at time of budding permit Therefore, this standard has been satisfied Joint Access Owners of two or more uses, structures, or parcels of land may agree to utilize �ointly the same access and egress when the combined access and egress of both uses, structures, or parcels of land satisfies the combined requirements as designated in this title, provided Satisfactory legal evidence shall be presented in the form of deeds, easements, leases or contracts to establish the �oint use and copies of the deeds, easements, leases or contracts are placed on permanent file with the �ity No�oint access is proposed with this application Therefore, this standard does not apply Public street access All vehicular access and egress as required in Sections 18 705 030H and 18 705 0301 shall connect directly with a public or private street approve by the City for public use and shall be maintained at the required standards on a continuous basis Both parcels will have access onto SW 87�' Court Therefore, this standard has been satisfied Inadequate or hazardous access ApPlications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed Would cause or increase existing hazardous traffic conditions, or would provide inadequate access for emergency vehicles, or would in any other wa� cause hazardous conditions to exist which would constitute a clear and present danger to he public health, safety, and general welfare Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be discouraged Direct access to ma�or collector or arterial streets shall be considered only if there is no practical alternative way to access the site In no case shall the design of the service drive or drrves require or facilitafe the backward movement or other maneuvering of a vehicle within a street, other than an alley Single-family and duplex dwell�ngs are exempf from this requirement An�additional single-famdy home at this location and the placement of another access drive off of SW 87 Court will not create a hazardous condition Therefore, this standard has been satisfied Minimum access requirements for residential use Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform Fire Code The proposed partition has been reviewed and approved by the Tualatin Valley Fire and Rescue Therefore, this standard has been satisfied 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% Neither of the parcels of the proposed partition will have an access drive in excess of 150 feet The existing driveway of Parcel #1 is approximately 23 feet in length Therefore, this standard does not apply NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 6 OF 14 FINDING Based on the analysis above, Staff finds the Access, Egress and Circulation Standards have been met Density Computations (18 7151 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 tFie property to be developed 1 All sensitive land areas a Land within the 100-year floodplain, b Land or slopes exceeding 25%, c Drainage ways, and d Wetlands 2 All land dedicated to the public for park purposes, 3 All land dedicated for public rights�f-way When actual information is not available, the followin� formulas may be used a Single-family development allocate 20% of gross acreage, b Multi-family development allocate 15% of gross acreage 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 Calculatin maximum number of residential units To calculate the maximum number of residentia units per net acre, divi e t e num er of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district Calculating minimum number of residential units As required by Section 18 510 040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0 8) The standards for density computation deal with the intensity of residential land uses usually stated as the number of housing units per acre The total square foota�e of the sub�ect property is 15,271 square feet However, Parcel #1 is developed with a pre-existing single-family home Therefore, 7,770 square feet is subtracted from the calculation No other square footages are subtracted Density is calculated from a total square footage of 7,501 square feet Minimum fot size for the R-4 5 zone is 7,500 square feet, which requires the maximum allowable density to be no more than 1 unit The proposed partition creates 1 additional lot from the pre-existing home Therefore, the density for the property is satisfied FINDING Based on the analysis above and the shadow plat provided, the Density Computation Standards have been met Landscaping and Screening (18 745) Street trees Section 18 745 040 Section 18 745 040 A All development pro�ects fronting on a public street, private street or a prrvate driveway more than 100 feet in �ength 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 The applicant wdl be conditioned under Section 18 810 030(E) to enter into an agreement whereby the applicant agrees to participate m any future-widening proJ ec{ for the street carried out by the City which will include street trees Therefore, street trees wdl be addressed at that time FINDING Based on the analysis above, the Landscaping and Screening Standards have been met NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 7 OF 14 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 wh�ch a development application for a subdivision, partition, site development review, planned development or conditional use is filed Protection is preferred over removal wherever possible No trees over 6-inches exist on the sub�ect property Therefore, this standard does not apply FINDING Based on the analysis above, the Tree Removal Standards have been met Visual Clearance Areas (18 795) This Chapter requires that a clear vision area shall be maintained on the corners of all pro�erty 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, plantin , fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in heigh� The code provides that obstructions that may be located in this area sliall be visually clear between three (3) and eight 8 feet in height (8) (trees may be placed within this area provided that all branches below eight 8 feet are removed) A visual clearance area is the triangular area formed by measuring a -foot distance points with a straight line The applicant's plan shows no obstructions within the visual clearance triangle Therefore, this standard has been satisfied FINDING Based on the analysis above, Staff finds that the Vision Clearance Standards have been met IMPACT STUDY (18 390 040� Rec�uires that t e app icant shall include an �mpact study The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development For each public facility system and type of impact of the development on the public at large, public facilities systems, and affected prrvate property users In situations where the Community Development Code requires the dedication of real propert� interests, the applicant shall either specifically concur with the dedication of real property interest, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the pro�ected impacts of the development The applicant has submitted an Impact Study that addresses the following systems Trans ortation S stem The addition o one single-famdy home on SW 87�' Court will not significantly impact the transportation system in the area Drainage System There is a storm dram in the street and an easement ad�acent to the sub�ect parcel for the existing storm drain Park System The proposed partition wdl not have any impact on the City's parks system Water S stem ere is currently an existing water service serving the existing house that wdl be located on Parcel #1 This development will add one water sennce to serve Parcel #2 Sewer System There is currently a sewer line that has been installed up to the adJacent lot line This line wdl be extended in the easement on the northem property line NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 8 OF 14 Noise Im acts is propose development is a residential partition which wdl create one additional residential lot and should not generate any extraordinary noise impacts to the surrounding neighborhood PUBLIC FACILITY CONCERNS Street And Utility Improvements Standards (Section 18 810) Chapter 18 810 provides construction standards or t e implementation of public and private facilities and utilities such as streets, sewers, and drainage The applicable standards are addressed below Streets Improvements Section 18 810 030 A 1 states that streets within a development and streets ad�acent shall be improved in accordance with the TDC standards Section 18 810 030 A 2 states that any new street or additional street width planned as a portion of an ex�sting street shall be dedicated and improved in accordance with the TDC Minimum Rights-of-Way and Street Widths Section 18 810 030 E requires a local residential street to have a 42 to 50-foot right-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 adJacent to SW 87�' Court, which is classified as a local residential street on the City of Tigard Transportation Plan Map At present, there is approximately 50 feet of ROW along this roadway, according to the most recent tax assessor's map No additional ROW dedications are necessary SW 87�' Court is currently paved with curbs, but lacks sidewalks and street trees 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)(4) states that the City may accept a future improvement �uarantee in lieu of street improvements if 4he improvement associated 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, will not significantly improve the safety or capacity of the street In addition, 18 810 030(A)(1)(e) stafes that a guarantee in lieu of street improvements is acceptable if the proposal is a land partition on property zoned residential and the partition does not create any new streets This partition will not create a new street Based on these code provisions, Staff therefore recommends that the applicant be required to enter mto an agreement with the City whereby the owner agrees to participate in any future widenmg pro�ect for the street carried out by tfie City, a third party, or through a local improvement district This agreement must be executed prior to approval of the final plat In order to provide appropriate vehicular access for Parcel 2, the applicant should construct a new driveway apron for that parcel The apron construction can coincide with construction of the new home on Parcel 2 The applicant wdl need to apply for and obtam a Public Facdity Improvement (PFI) permit for this driveway apron as a part of the partition Block Designs - Section 18 810 040 A states that the length, width and shape of blocks shall be desi�ned with due regard to providing adequate buifding sites for the use contemplated considerat�on 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�xistin development or, . For blocks ad�acen� to arterial streets, limited access highways, ma�or collectors or railroads . For non-residential blocks in which internal public circulation provides equivalent access NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 9 OF 14 No blocks are created or effected by the partitioning of the sub�ect property Therefore, this standard does not apply Section 18 810 040 B 2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code No blocks are created or effected by the partitioning of the sub�ect property Therefore, this standard does not apply Lots - Size and Shape Section 18 810 060(A) prohibits lot depth from bein� more than 2 5 times the average lot width, unless the parcel is less than 1 5 times the minimum lot size of the applicable zoning district Neither of the proposed lots are 1 5 times the minimum lot size of the R-4 5 zoning district The depth of the lots are not more than 2 5 times the average lot width The average lot width for both lots is 60 feet with an average depth of 107 feet Therefore, this standard is satisfied 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 The pro�posed partition plat demonstrates �iat each lot wdl have frontage onto a public right-of-way P�cel #1 has 67 feet of frontage on SW 87 Court Parcel #2 has approximately 54 feet of frontage on 87 Court Therefore, this standard has been met Sidewalks Section 18 810 070 A requires that sidewalks be constructed to meet City design standards and be located on both sides of arterial, collector and local residential streets By entering into an agreement for the future improvements of 87�' Court, this criterion is met Sanitary Sewers Sewers Required Section 18 810 090 A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan Over-sizin� Section 18 810 090 C states that proposed sewer systems shall include consideration of additional development within the area as pro�ected by the Comprehensive Plan There is an existing 8-inch public sewer line located to the northwest of this site In 1997, the property owner obtained a permit from the Engineering department to install two laterals to the sub�ect site to provide service to fhe existing house and the new parcel (Parcel 2) The existing home is not currently connected to the public sewer As a part of this partition, the applicant will be required to connect the existing home to the lateral that was installed in 1997 The new home on Parcel 2 wdl have service via tfie other lateral that was installed in 1997 NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 10 OF 14 Storm Drainage General Provisions Section 18 810100 A states requires developers to make adequate provisions for storm water and flood water runoff Accommodation of U pstream Drainage Section 18 810100 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 public drainageways that impact this site Effect on Downstream Drainage Section 18 810100 D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing draina�e facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for stora e of additional runoff caused by the development in accordance with the Design and Construc�ion Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments) The addition of one home will not result in a si�nificant increase in storm water runoff Therefore, no onsite detention is necessary There is an existing public storm drainage line that is located ad�acent to the westem boundary of the subJ ect site The drainage from Parcel 2 could be easdy directed to that main line The applicant's plan does not show specifically how they wish to drain Parcel 2, but due to the location of the main line, and the fact that it is located on the downhill side of the sub�ect site, a drainage solution for the parcel is simple The applicant will be required to include a storm drainage tap in their PFI permit to ensure that this lot wdl be provided with a storm drainage lateral 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 extens�on of such bikeways through the dedication of easements or right-of-way Not applicable Cost of Construction Section 18 810110 B states that development permits issued for planned unit developments, conditional use permits, subdivisions, and other developments which will principally benefit from such bikeways shall be conditioned to include the cost or construction of bikeway improvements Not applicable Minimum Width Section 18 810 110 C states that the minimum width for bikeways within the roadway is five feet per bicycle travel lane Minimum width for two-way bikeways separated from the road is eight feet Not applicable Utilities Section 18 810 120 states that all utility lines, but not limited to those required for electnc, communicat�on, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000 volts or above, and NOTICE OF DECISION M�P2002-00004/KERR PARTITION PAGE 11 OF 14 I . 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 ut�lities, including sanitary sewers and storm drains installed in streets by the developer, shall be constructed prior to the surfacing of the streets, and . Stubs for service connections shall be long enough to avoid disturbing the street �mprovements when service connections are made Exception to Under-Grounding Requ�rement Section 18 810 120 C states that a developer shall pay a fee in-lieu of under�rounding costs when the development is proposed to take place on a street where existing utilities whic-h are not under round will serve the development and the ap roval authority determines that the cost and �echnical difficulty of under-g rounding the utiPties outweighs the benefit of under-grounding in conJunction with the deve�opment The determination shall be on a case-by-case basis The most common, but not the only, such situation is a short frontage development for which under-grounding would result in the placement of additional poles, rather than the removal of above-ground utilities facilities An applicant for a development which is served by utilities which are not underground and which are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of under-grounding There are no overhead utility lines along 87"' Court Therefore, this section does not apply ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS Public Water System The City's public water system serves this site A new water service will be needed when the new home on Parcel 2 is constructed 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 conta�ned in 100 percent of the storm water runoff generated from newly created impervious surFaces In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year The CWS standards include a provision that would exclude small pro�ects such as residential land partitions It would be impractical to require an on-site water quality faality to accommodate treatment of the storm water from Parcel 2 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 Address Assianments The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB) An addressing fee in the amount of $30 00 per address shall be assessed This fee shall be paid to the City prior to approval of the final plat For this pro�ect, the addressing fee wdl be $30 00 Surve Re uirements e app icant 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 network These monuments shall be on the same line and shall be of fhe 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 NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 12 OF 14 i 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 m the development, and their respective X and Y State Plane Coordmates, referenced to NAD 83 (91� SECTION VI OTHER STAFF COMMENTS City of Tigard Property Manager has reviewed the proposal and has no ob�ections to it City of Tigard Police Department has reviewed the proposal and has no ob�ections to it City of Tigard Water Department has reviewed the proposal and has no ob�ections to it SECTION VII AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed the proposal and has no ob�ections to it Washington County Land Use Department has reviewed the proposal and has no ob�ections to it 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 government agencies Final Decision THIS DECISION IS FINAL ON JULY 12, 2002 AND BECOMES EFFECTIVE ON JULY 27, 2002 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 maded The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223 NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 13 OF 14 ) 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 JULY 26, 2002 uestions 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 , /� July 12, 2002 PREPARED BY Brad Kilby DATE Associate Planner �-- Ju1�12, 2002 APPROVED BY Richard H Bewersd DATE Planning Manager dcurplNmathew/mlp/mIp2002-00004 dec NOTICE OF DECISION MLP2002-00004/KERR PARTITION PAGE 14 OF 14 s � . YICINI*Y MAP MARA M LP2002-00004 KERR PARTITION SI*E B7 SW qRTHU CT Cy ` ('� � OR � W MERL E C 9�Hpc DE N R�c�� Q4Y nO M p ��' T .� Z "�� Z � tr*x� Qp Y � ELROSE CT �t a Q m �' � p = � Z ra aa M p � DRIVE O � r y n � 40UNT z � N �� O � �LN n w � a � 'cq� o zao aoo soo F i > ti V a � aoz r c x � TERR � � � 3 w cn `n � > v �U � City of Tigard � � m �T'I I f rtn t lh m p f g I I cel ty d INEZ S h Idba f dvnthlh D I pm tS rvce D� BONI 13125 SW H II BI d T g rd OR 97223 (503)639-4171 � hltp Ilwww t g rd Community Development Plot date Jun 6 2002 C MagicWIAGIC03 APR f I _ � �M� — — — — -- -- - - --- �/ / BASIS 0 BEARINGS �� i�� 15 WIpE PRIVAIE SMllTARY SENfR F IMTIAL PO1Nf NEiD AS N W CORNER OF LOT 4� _ � EA�1fp�11 Ipl FAWR OF L015 3 AND 4 S 89 3130 E 474 16 5/8 x30 IRON RUD ��U� $E7 WRH RC P SfAMPm s/s7RF w/xn raa � � �� 1150I PIAT HE1D ��T P S 89'3130 E 17941 w�nk. �.s. e� - 1/2 IPF i� of� 8960 11100 i -i— - - - - - - - - - - =-� /�� C�IP OR PLUG I i �- '^ ^ �� 78 08 22 17 W NO�� 123.98 G1LC ��D [�n � � i � ----- 94 81 - _ - -- ---- a 14 53'�'- � I NOKfH BOUN[14ffY IJNE � 15 N7DE PRNATE SANIiARY SEWER ` ALA�DUG NQO1002--0I�i670 FQR IF��~ 4 i� I FASEkEM WC NO 2002-043871 Z BfNEFIl OF LOT 3 AND�1B�OUENT r "��j � I WZ � fOR 1HE BFNffR OF LOT 3 q � o �� p� PARCEL 1 � � � I N R � �no sF � � �� 3 $ PARCEL 2 � �' �o 0 I �sot sF w.0 o° I �'' � b N I p� �` 0 3 � oosnNC fro� = � °� 2 � � g �' `� � `V 70 RfMNN '� � � �� n I � � �' ��, � I 1/2 LRF I R=40 00 "�� R=125 DO � � �/N0� 1=13 62�� az n, L=25 29-P h w%aoRr� �0°8 E-4 61 oF�ar co�vm I S 89'3130'E 50 00-A q� / / 5/Bl R f N 89 3130 W 83 22-P � by Pl � 5/89.RF� L PLAT DATA �/�i, W/NO pIP \ .�89 }9 � W/f�GIP I ` — � � _ _ N 3Y32 30� �k�;�6� E-0 63 \ 29�'E g9� ACE COlWfR I a�� —� — �� a 6�� or r I %NORCAP/ � / �S W 8 7T H C T \ \ \ �. s/st I � Pm s.� 2a000 \ \ \W/�� I �- - -- _ I � � � � � � � o � \ � I � � \ � - - � / \� \ � �-°� 1 � � I � � �/ �,o� 6 �� \ 1 I i i � ` I i �� i � i i i i L - - - - - - - - - �- - - - - - - - - - - - - - - - - -� , � - - - - - - - � �mo� CITY OF TIGARD � MLP2002 00004 srrE Pt�►� � KERR PARTITION Ma is not to scale �a RClRaP Y � � ti' Carl Miller th MLP2002-00004 14190 SW 117 Avenue KERR PARTITION Tigard OR 97224 Kerr Living Trust 11615 SW Cloud Court Tigard OR 97224 `�.' � � �. . � � � �� Q� � � � � v ----- . .. --- �`�r, �....�.,�r -`.'++�N.. - ' -._... -- . .„ .-r., . . .. /L t�,1J.!)� _� T �� "",�--�„t.�"._ . CIT�I Q� TIGARL� � r�M .r . -«� - NING �=�' P�� -T-�--�-�. CURRENT PLAN �0�� '� '�� ' _�--�,._.---_--'�--� _ " ,..��,.'-?:��i �-----�-.�.;",.,� �',� 13125 SW RA�7 B��D �ADD� -��,,L TIGA�D, � 1�FORW�p � 2S102DD-05800 BLACKSTONE NORA 18695 SE UPPER ISLAND DR DAYTON,OR 97114 t.._,v.___,_ __ „ � 'a'viS�.t��U :�'i� t+� an J'c�� ;.',�-;�`�' � � � ,��o��.:; � (�' � �$�� zo.a i�n,- - _. . .... . .�"'"»��.��,,r� _ _ CITY O� TlGAF�D " ;�,o o,� �-----�- - —.--- CURRENT PLANNING rti�T��L'�`.�"�`� = �� , ��w " 131�5 SW H"�LL �LVD �'ro��• � L.,� � �a .-�,....._.�..._ �� ''��_ � ...... AS ADDRESSED, , os ��,, � , : .._ �. ' - - TIGAH�i, �� 7223 U(��BLE T� f�RIN�lRO - -..-- � ' _� _ �. . . .�n� � _, 5800 • BLAC NORA 18695 SE LAND DR DAYTON,OR � '3?2 G:— � ! .. i.. .��I��f��tl � � a.+ , � � � � � � �+� � � � � �� - : �. . AREA NO*IFIEp ,�� (500°) ttm� �� xmm,�,,, �m� � �� n„� �� A FOR Carl Miller �� °� '�°°°� RE �S102DD, 810 n„o�o � � ,ro,� ----------- �� °°mC01� Property owner�nformation n�m�+ ,,,,,,,� ��w+ �s valid for 3 months from ,�,�, the date pnnted on th�s map $7 � �m SW ARTHU CT ma�0000m am�aam �� N CT crosw mm � mmoeowi n � 7 '� °° � T �` s 'i SW�ad/JE C q�N ammao�mommow nn:oomew 000�n�amcooeao wmm�eoe mcmo ��+�� W DEEA N a n m oo F� n � miwooeao� �°�B Z � � Z anwmew � Q �u�oofou � YC N �� m a ,00 Zoo 300 <oo F � m _ � 1 274 f t ammooaoo � DRIVE r y z z � City of Tigard � I f rtn� th m p f ge I loc t ly d a w ^ h Id be f d with th De I pm t S rv ee D h ( Q /1 ^� 13125 SW H II BI d ��/" T g rd OR 97223 w � •�/ (503)639A171 � > L N E a h�,��,,, �9 d Community Development Plot date Apr 18 2002 C�magicWIAGIC03 APR � � 2S 111 AA-00500 2S 1020D-00900 ANDERSON RICK L&JANICE R COLLING CHARLES W 15428 SW PEACHTREE DR 13835 SW HALL TIGARD OR 97224 TIGARD OR 97223 2S 102DD-00902 2S 102DD-00901 BANTA MICHAEL CHARLES SR&RUTH CO NG ARLES W 8878 SW EDGEWOOD ST 138 HALL TIGARD OR 97223 T ARD 97223 2S111AA 00700 2S102DD-00812 BIGGS PATRICIA N 8 CURTIS DAVID L 8�CONSTANCE G TR ARTHUR V TRUSTEES 14610 SW HAWK RIDGE RD 14250 SW 88TH AVE TIGARD OR 97224 TIGARD OR 97224 2S102DD-05800 2S102DD 00808 BLACKSTONE NORA TIS D D L&CONSTANCE G TR 18695 SE UPPER ISLAND DR 1461 HAWK RIDGE RD DAYTON OR 97114 ARD 97224 2S102DD-00801 2S102DD-00813 BOGAN BUTCH AND SUSAN HANSON C S D L&CONSTANCE G TR 13855 SW HALL BLVD 1461 WK RIDGE RD TIGARD OR 97223 T ARD OR 97224 2S 102DD-00802 2S 111 AA-00200 BOSSHARDT ARTHUR A DOROTHEA W MCKINZIE FAMILY TRUST 13915 SW HALL BLVD BY BOZICH JEFFREY A&DANIEL L TIGARD OR 97223 14075 SW HALL BLVD TIGARD OR 97224 2S102DD-00800 2S102DC-01200 BOZICH DANIEL L JR& DUFFIELD EDWARD D SUSAN LAURILA LINDSEY I 8895 SW EDGEWOOD 8685 SW MCDONALD TIGARD OR 97223 TIGARD OR 97224 2S 102DD-05200 2S 102DD-00803 BR EP OWNERS OF DURBIN CARL LEE LOTS 13985 SW HALL BLVD TIGARD OR 97223 2S 102DD-04400 2S 102DD-03600 CAVILLIOGLU YILDIZ F Y P 8539 SW JOHN CT OW OF LOTS 3 8 TIGARD OR 97223 0 2S102DD-02200 2S102DC-01302 CHRISTENSEN CAZIER ELLEN L AND FOOR SHIRLEY JOANNE CAZIER SANDRA D 8895 SW MCDONALD ST 8581 SW MERLYNE CT TIGARD OR 97223 TIGARD OR 97224 2S 102DD-00809 2S 102DD-00810 GARDNER RICHARD A KERR LIVING TRUST 13940 SW 87TH CT BY J RICHARD&GLORIA KERR TRS TIGARD OR 97223 11615 SW CLOUD CT TIGARD OR 97224 2S 102DC-01300 2S 102DD-01804 GARIBALDI ALBERT R&PATRICIA S LASNIEWSKI WILLIAM L AND 8920 SW EDGEWOOD ST TERESA A TIGARD OR 97223 8860 SW EDGEWOOD TIGARD OR 97223 2S102DD-04200 2S102DC-01301 GARRIETY BARRY A&SUSAN J LEHR RONALD D&DONA K 13881 SW FANNO CREEK DR 8935 SW MCDONALD TIGARD OR 97223 TIGARD OR 97224 2S 102DC-01100 2S 102DC-01303 GOETZ HOWARD V AND NANCY K LUNG DAVID W 8935 SW EDGEWOOD ST 8855 SW MCDONALD ST TIGARD OR 97223 TIGARD OR 97223 2S102DC-01305 2S102DC-01304 HARRIS RICK G& MABRAY LARRY G AND DIANA L KREIN CAROL D 8890 SW EDGEWOOD ST 8930 SW EDGEWOOD ST TIGARD OR 97223 TIGARD OR 97223 2S 111 AA-01000 2S 102DC-01401 HOLLAND RONALD J 8 KATHLEEN E MALLETT WALTER A&CELESTE ALBORADA 2511 8960 SW EDGEWOOD ST CARR#2 KM 8 6 TiGARD OR 97223 BAYAMON PR 959 2S102DD-05600 2S102DD-00804 HUDSON KATHLEEN L MARKS GARY L AND KELLY L 13705 SW HALL 8815 SW MCDONALD ST TIGARD OR 97223 TIGARD OR 97224 2S 111 AA-00800 2S102DD-00903 KAISER BRUCE A MCELEVEY MICHAEL J AND EVELYN ANN ROSS CATHY 8860 SW MCDONALD 8880 SW EDGEWOOD TIGARD OR 97223 TIGARD OR 97223 2S 111 AA-00900 2S 102DC-01402 KAISER BRUCE A AND MILLER DANIEL W 8 KRISTIN D EVELYN A 8940 SW EDGEWOOD ST 8860 SW MCDONALD TIGARD OR 97223 TIGARD OR 97223 2S 7 02DD-00811 2S 102DC-00900 KERR GLORIA TRUSTEE MILLER MATTHEW HOWARD& 11615 SW CLOUD CT ILENE RENE TIGARD OR 97224 8855 SW EDGEWOOD TIGARD OR 97223 2S102DD-04100 2S102DD-02300 NEILSON DAVID H&RHONDA R SMART PETER E&ELIZABETH H 13807 SW FANNO CREEK DRIVE 8543 SW MERLYNE CT TIGARD OR 97223 TIGARD OR 97224 2S 102DD-02100 2S 102D D-04500 OLIVER NATHAN J SMITH KENT C 8570 SW MERLYNE CT 8575 SW JOHN CT TIGARD OR 97224 TIGARD OR 97223 2S102DD 02000 2S102DD-00805 OLSON BERNICE J AND SNOW GEORGE T AND JOHNSON BEVERLY KAYE 8 DOROTHY JEAN OLSON CHRIS G AND RONALD 8775 SW MCDONALD 8536 SW MERLYNE CT TIGARD OR 97224 TIGARD OR 97224 2S 111 AA-00100 2S 102DD-00400 PITMAN JEFFERY& SOLARES HOMES L L C CROSSETT PITMAN ELIZABETH BY NORRIS BEGGS 8 SIMPSON 8640 SW MCDONALD ST LOAN SVC DEPT TIGARD OR 97224 121 SW MORRISON#200 PORTLAND OR 97204 2S102DC-02500 2S102DD-01100 RATALSKY MATTHEW A 8�JEAN S SOLIS EDGAR TRUSTEE 8985 SW MCDONALD ST PO BOX 231193 TIGARD OR 97224 TIGARD OR 97281 2S 102DD-05700 2S 102DD-01600 REUTHER DEBBIE TINNIN ROBERT O ELAINE M 11900 SW JAMES CT 8876 SW EDGEWOOD STREET TIGARD OR 97223 TIGARD OR 97223 2S 102DD-04300 2S 102DD-01602 RIEKS RANDALL J& TOKUDA KAZUHIDE AND JENNIFER A CAROL LYN 8501 SW JOHN CT 8870 SW EDGEWOOD ST TIGARD OR 97223 TIGARD OR 97223 2S111AA-00300 2S102DD-02400 ROBINSON DOUGLAS A& TON HIEN THAT& O CONNELL KATHLEEN C NGUYEN MEN T 14085 SW HALL BLVD 8517 SW MERLYNE CT TIGARD OR 97224 TIGARD OR 97224 2S 102DC-01000 2S 102DD-00806 RUSSELL NORMAN L WHITMAN WAYNE I AND 8857 SW EDGEWOOD ST BETTY A TIGARD OR 97223 8665 SW MCDONALD TIGARD OR 97223 2S111AA 00600 2S102DD-00300 SENKEL DONALD CARL ZANDER DENELL D 21080 SW KRUGER RD CAROL M SHERWOOD OR 97140 13700 SW HALL BLVD TIGARD OR 97223 Jack Biethan 11023 SW Summerfield Dnve #4 Tigard OR 97224 Kristen Miller 8940 SW Edgewood Street Tigard OR 97223 Paul Owen 10335 SW Highland Dnve Tigard OR 97224 Louise Fronville 15760 SW Oak Meadow Lane Tigard OR 97224 Tim Esav PO Box 230695 Tigard OR 97281 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Ross Sundberg 16382 SW 104th Avenue Tigard, OR 97224 Bnan Wegener 9830 SW Kimberly Dnve Tigard OR 97224 CITY OF TIGARD SOUTH CIT SUBCOMMITfEE (pg I of I) (i\curpin\setup\labels\CIT South doc) UPDATED April 18 2002 CITY Of TIGARD �ECEIVED ,��i�.� COMMUNITY DEYELOPMENT DEPARTMENT _ , �_; , PIANNING DIYISION cmoFn�Aao � CITY OF TIGARD Comrnunity�Develapment 13125 SW HALL BOULEYARD PL�WNINWENGINEERING ShapingA Bette�Co►nmuniry TIGARD, ORE60N 97223 PHONE: 503-639-4171 fAX: 503-684-1291(Attn: P�tty or Shirley/Planning) I .. I :i I ' I..I 3,! I I �� I ' n I.. ' ...'.f4 � I � ..,a.' �� . � 1 . .. . .. Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. IS134A6, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW and INCLUDE A MAP OF ALL LOTS F4R THE PROJECT (preferably assessor's tax map): �� % �/� 2 5 -i - O� Cl� INDICATE WHETHER YOU ARE REQUESTING 2 OR 3 SETS OF LABELS: � (NOTE: A minimum of 2 sets o(labels will be provided to place on your 2 sets of envelapes that applicants are required to submit at the time of appliration su6mittal. If a neighborhood meeting is required and you have not yet held that meeting,you should request 3 sets) �— NAME OF CONTACT PERSON: l h� .�1�i/��"� PHONE: �3� �S S S�� This request may be mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing requests. Upon completion of your request, the contact person will be called to pick up their request in "Will Call" by their last name, at the Community Development Reception Desk. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED BY THE CITI( VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Description: �I I to generate the mailing list, plus �2 per sheet for printing the list onto labels (20 addresses per sheet). Then, multiply the cost to print one set of labels by the number of sets requested. �-EXAMPLE* * * COST FOR THIS REQUEST * * � sheets of labels x SZlsheet = �$QQ z � sets = S I6.00 � sheet(s) of labels x SZ/sheet = �C� x � sets = s I2 �sheets of labels x St/sheet for CIT area x�sets = S 4.00 � sheet(s)af labels x S2lsheet for fIT area = � x� sets = �2 GENERATE LIST = LI�1 GENERATE LIST = TOTAL = S31.00 TOTAL = � c_�-� � . _ �I ►q 1�a- LAND PARTITION � ' � ' � ' TYPE II APPLICATION CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 F •(503) 684-7297 �� tS �03� GENERAL INFORMATION PRE-APP. HELD WITH: DATE OF PRE-APP.: Property Address/Location(s): �� ✓il�G77�G�7v�� T�C-�� C%/� � 97Z zy FOR STAFF USE ONLY Tax Map 8�Tax Lot#(s): �.5 '/�-O�� UV T�L 8/C Case No.(s): � c�' �� Site Size: /S�7/ S-�- � Other Case No.(s): Property Owner/Deed Holder(s)*:�S��Z Lit//NG 7`/'��sj� Receipt No.: � ' �`7'�t� r � Application ce t�d By: ��'i/ � ' Address://6/SS�G�ouD �%- Phone: ' �� ; Date: c�ty:T�� 02 z�p: 9��Ly � � Applicant*: �� /1�i�� Date Determined To Be Complete: Address:/�/9USu�//7 ��-vG Phone: 639-�SS`� City:T��'� G'�l- � Zip: �7Z Z y Comp Plan/Zone Designation: ��'.� �J ` When the owner and the applicant are different people, the CIT Area: "��'I `; applicant must be the purchaser of record or a lessee in possession Recording Date and Number: with written authorization from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on the back of this form or submit a written Re„»r�s�sa i:lcurpinlmastersUandpart.doc authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request permission to gEQUIRED SUBMITTAL ELEMENTS allow a Land Partition to: � Application Elements Submitted: divide_ /�� 7/ S%- ' into � , (tota/area) (#of parcels) ❑ Application Form containing 7 77G' S"�- � and 7,SG"'/ S.f � ' s ft. or acres � Owner s Signature/Written Authorization ( q. ) (sq. ft. or acres) �, Title Transfer Instrument or Deed �/�,D��G ��-j� �� j�y�� Site/Plot Plan (provide any additional information here) (#of copies based on pre-app check list) ti �/z C,Qy l� �j��CN�Tp , �T�ii✓��1 [1� Site/Plot Plan (reduced 8'/:"x 11") / ` /� �� " ❑ Applicant's Statement L��/�- /�'� s�.-� � G� /�a�i`�jl—/G (#of copies based on pre-app check list) 11��/ ��C �,G!,¢y � '� �Sets of Pre-Addressed/Pre-Stamped Legal Size Envelopes (�] Filing Fee $780.00 1 List any VARIANCE OR OTHER LAND USE ACTIONS to be considered as part of this application APPLICANTS To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements box (Detailed Submittal Reqwrement Informat�on sheets can be obtained upon request for all types of Land Use Applicat�ons) THE APPLICANT(S)SHALL CERTIFY THAT • The above reguest does not violate any deed restrict�ons that may be attached to or imposed upon the sub�ect ro e • If the applicat�on is granted the applicant wdl exercise the nghts granted in accordance with the terms and sub�ect to all the condifions and limitat�ons of the approval • All of the above statements and the statements �n the plot plan attachments and exhibits transmitted herewith are true and the applicants so acknowledge that any permit issued based on this applicat�on may be revoked if it is found that any such statements are false • The applicant has read the ent�re contents of the applicat�on mcluding the policies and cntena and understands the reqwrements for approving or denying the applicat�on SIGNATURES of each owner of the sub�ect property DATED this day of �� 2 o O .� �_��C� �/ ' �. rOwner s Signature Owner's Signature Owner's Signature Owner's Signature 2 r � i CITY OF TI(3ARD Community�DeveCopment S&apcngA Better Community � � LAND USE PROPOSAL DESCRIPTION 120 DAYS = 9/28/2002 FILE NO MINOR LAND PARTITION (MLP) 2002-00004 FILE TITLE KERR PARTITION APPLICANT Carl Miller OWNER Kerr Living Trust 14190 SW 117�' Avenue 11615 SW Cloud Court Tigard OR 97224 Tigard OR 97224 REQUEST Approval of a 2-lot Minor Land Partition of 35 acres Parcel one has an existing home on site Parcel finro will be developed with a single family residence The lot sizes for this development would be 7 770 square feet and 7 501 square feet respectively LOCATION 13920 SW 87�' Court WCTM 2S102DD Tax Lot 810 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 avic and institutional uses are also permitted conditionally APPLICABLE REVIEW Community Development Code Chapters 18 390 18 420 18 510 18 705 18 715 CRITERIA 18 725 18 765 18 790 and 18 810 CIT AREA South CIT FACILITATOR List Available Upon Request DECISION MAKING BODY BELOW ❑ TYPE I � TYPE II ❑ TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT JUNE 6, 2002 DATE COMMENTS ARE DUE JUNE 20, 2002 ❑HEARINGS OFFICER [MONJ DATE OF HEARING TIME 700PM ❑PLANNING COMMISSION [MONJ DATE OF HEARING TIME 100PM ❑CITY COUNCIL RUESJ DATE OF HEARING TIME 130PM �STAFF DECISION (TENTATIYE] DATE OF DECISION JULY 12, 2002 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 Brad Kilby, Assistant Planner (503) 639-4171, Ext 2434 May 31 2002 � I FI o��o� Carl Milier 14190 SW 117�' Ave Tigard OR 97224 RE Kerr Minor Land Partition MLP2002-00004 Dear Mr Miller The City of Tigard received your application submittal for a Minor Land Partition on April 19 2002 and the additional items requested on May 31 2002 The development site is located at13920 SW 87�' Court and is described as 2S102DD tax lot 00810 This letter is to inform you that your application has been deemed compiete and has been scheduled for review Please submit 17 additional copies of all of the matenals for routing within the next week A tentative decision on this application should be issued in 5-6 weeks If you have any questions contact me at (503)639 4171 Sincerely ,��'�� Brad Kilby � Associate Planner 13125 SW_Hall Blvd Tigard OR_97223(503)639 4171 TDD (503)684 2772 April 26, 2002 ; Carl Miller CIT1f OF TIGARD 14190 SW 117th Ave. OREGON Tigard, OR 97224 � RE: Kerr Minor Land Partition ,�` ,., � �. MLP2002-00004 �� Dear Mr. Miller: The City of Tigard received your application submittal for a Minor Land Partition on April 19, 2002. The development site is located at13920 SW 87th Court, and is described as 2S102DD, tax lot 00810. This letter is to inform you that your application was deemed incomplete. The following items are needed in order to deem your application complete. • An impact study that addresses the impacts to all public services as outlined in Tigard Development Code (TDC) section 18.390.040 and 18.390.050. • A narrative addressing the criteria in those chapters that have been checked on page 8 in the preapplication notes that you were given. • A tree survey is required to identify those trees that exceed six inches in diameter. These can simply be illustrated on the site plan. I know that you have no intention of removing trees, but the survey is a required element of the submittal. Bill should be able to help put these items together. Once the items are submitted along with twelve additional sets of application materials, your application will be scheduled for public review. If you have any questions, contact me at (503)639-4171. Sinc�r. y, � �s/� �� Brad Kilby Associate Planner 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 LAND USE APPLIG�ION D�eect:_ .��o� -�� COMPLETENESS REVIEW ❑ �OMPLETE [�INCOMPLETE STANDARD INFORMATION: (� Deed/Title/Proof Of Ownership an s, mu es, is es � Impact Study (18.390) ��fi, � � ❑ # Sets Of Application Materials/Plans Pre-Application Conference Notes � Envelopet With Postage (Verify Count) PROJECT STATISTICS: O�Building Footprint Size a o _ �Lat Square Footage PLANS DIMENSIONED: —�--�iMing-�ee��t ) ruck L ' �j�-� n��al�*�n Tri�nrtl��w�n_ D ITIONAL PLANS: Vicinity Map �' Tree Inventary n i,�,�i..� c�aq ^� r `LightinRs P�an TREE PLAN/MITIGATION PLAN: ❑ ❑ ❑ ❑ ADDITIONAL REPORTS: (list any special reports) ❑ ❑ a ❑ a ❑ RESPONSE TO APPLICABLE CODE SECTIONS: ❑ I 8330�c�e�o«��uu� ❑ I H.6�O(figud Tri�ngk Design Svnduds) � I 8.165�oa-sueet Puwngno�ding►�q�iRme��) ❑ 18.340�a�ror�u�li�Reo�� ❑ I 8.630(wuei�go�5qoue kg�o�al limer) ❑ I 8.715��a��,as�� ❑ I 8.350��d o��q � 18.105��muc�) ❑ I 8.180�z�) ❑ I 8.360(�u ueve�opmm��enew� ❑ , I 8.7 I 0µcassory sesidenti�u�i�) ❑ I 8.185(�emporuy use vemits) ❑ I 5.370 n��ad�u��a) [�' I 8.l I 5�h c��au«�� I 8.190(��► � I S.3HO(Ioning M�p/fext Amendmenn) ❑ I 8J20��c��cn�b�s�a�as> ❑ 18J95�r��a��«a�u� ❑ �8.385(Miscepmeas Permio) � I B.�2S(Enrimnmendl Per(omuntt shndards) ❑ I H.�97(Water kwurces(WR)Overliy District� � I S.39O(Dedsion M�king Procedures/lmpact Smdy) ❑ I H.�3O(Excepoons To Derebpment Snndards) ❑ I 8.198�rekss Comnuniation fadliea) ❑ I 8.410(�.oc une Adjusmieno� ❑ I 8.140�xuro��o��r► � I E.BI O(57eet E UUliry Imprarement Shndards) � (S.4IO(l�nd Pu000ns) ❑ I 8.742(�ome ow�p�uon Permin) ❑ I 8.430�Iubdmsiau) ❑ I 8.145(Vnesnping 6 Sveening Swiduds) � I S.S I O(Resideno�l loning Distric�) ❑ 18.150�utuwrcd/Mabil Hane kgul�uons) ❑ I 8.520�commera�Zo��og u�svKts) ❑ I 8.755(Mixed So�d wute/kqding Smrage) � I E.S3O(Industriil ioning DisOricts) ❑ I H.76O(Noncan(orming Sim�uons) ADDITIONAL ITEMS: 1:lcurpinVnasters�revisedUand use application completeness review.dot REVISED: 17-Jan-01 I � WARRANTY DEED STATE OF OREpON 1 6�LOR1A ELLIOTT Cou�ty of Weshlnpton J ss ORANTOR NAMB ��cc�� J. RiCHARD KERR SIId GLORIA KERR � Jerry �'t'�r�""'� °t'4asegg ment and o County TNStCC9 p�.�g N�g Cle�ic tor�l Ity that ,1]§15 SW ClOUd Cn»rr the wlt 3r� Q� elved end �k t } sald T�Qard. Ore¢on 97224 county ' ' � �� ` �. v� , � cnm.e.Aadrm Zlp . '� � � ARer rccording rotum to '��f'� ` 4 � ) l. RICHARD K -RQ artd aLOR1A K R \r,� ' �` Irector of 11415 SVV Cloud C'nu�t � � �eU� � Clerk T�aard. Ore¢on 972 4 Doc 2000031647 H'O1e ��'p° up Rect 253165 22 00 04/20/2000 03 17 57paa Una1 a c6aage is requested all tax statements shall be sent to the following addtess NO CHANQE N.me Addrm Zlp SPACB ABOVE FOR RfiCORDBR S USE WARRANTY DEED-STATUTORY FORM QLORIA ELLIOTT also known as GLORIA KBRR Trustee and Grantor conveys and wanants to J RICHARD K&RR and GLORIA KERR Trustees or the�r successors in trust under the KBRR LIVIN(3 TRUST dated 2000� and any amendmentc thereto a revocable liv�ng trust Grantee(s), the followu�g descn real properry situated w Washington County Oregon to wit � LOTS 3 and 4 PILBERT PARtc Waslungton County, Oregon The said property is free frorn encumbrances and other interests except encumbrances of record ansu�g by through or under Graniors and any excepqons shown on Deed recorded m Book No 771 Page 166 Washmgton County, Oregon The true constderataon paid for this conveyance is 50.00. Dated th�s— > 7 day of 200p . 7'HIS INSfRUMENT WII1,NOT ALLOW USB OA THE PROPERTY ��.�, ��a�,�GL�— DESCRIBED IN TH1S WSTAUMENT IN VIOI.A7iON OF APPLICABLB LAND USS LAWS AND REGULATIONS 86FOAE SI()NING OR GLORIA BLLIOTT Ttustee ACCEYfINO 7HIS INSTRUM&NT THE PERSON ACQUIRINO FEH TT[LB TO TH6 PROPERTY SHOULD CHECK W17H T1i8 v�Y�RP OV D USES AND'�f0 D�BfNERMID(g�y L�p,�BTS N I.AWSUffS AdAINST FARM[NO OR FOREST PRACTICES AS DEFDVED W ORS 30 930 STATE OF OREGON COUNTY OF WASHINGTON ) ss Th�s mstrument wes acknowledged before me on L�-/'7 2ppp by atowa su.toTT d R R�OqNIL�l.S� y comm slic f e ires MOTARY MJSUC-OA M p COYYISSIpN Np A,110SC0 YYCOkYISSION EXpIRES APRI��ZOOt \� CleanWater� Services Our comnutment is clear May 13 2002 Carl Miller 11615 SW Cloud Ct Tigard OR 97224 RE Minor land partition located at 13920 SW 87th Ct , Tigard, OR CWS file 1951 (Tax map 2S102DD, Tax lot 00810) Clean Water Services has received your Sensitive Areas Certification Form for the above referenced site Staff has reviewed the Sensitive Areas Certification Form site conditions and the description of your pro�ect and concurs that the above referenced pro�ect will not significantly impact the existing sensitive areas found near the site In light of this result this document will serve as your Service Provider letter as required by Resolution and Order 00-7 Section 3 02 1 and your Stormwater Connection authorization from Clean Water Services as required by Ordinance 27 Section 4 B All required permits and approvals must be obtained and completed under applicable local state and federal�law This 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 503-846-3553 Sincerely L�� ' Chuck Buckallew Clean Water Services \\mo_serv_04\eng$\Development Svcs\SP 00 7\Concurrence Letters�2S102DD00810 no impact to water quahty doc 155 N First Avenue Suite 270 Hillsboro Oregon 97124 Phone (503)846 8621 Fax (503)846 3525 www cleanwaterservices org TR NSMIT AL Harris - McMonagle Associates, Inc. Engineers-Surveyors 12555 S.W. Hall Boulevard Tigard, Oregon 97223 Tel. (503) 639-3453 - Fax 639-1232 DATE: ��f �� RECEf VED ,- To: �i� /�� /� i� /-� ��%�✓�1� �. ; � �/i`� �� T�-��-/� ��o�Ta�o �.�MMN�'�rc��R�R -- '- , PROJECT: � � /l�i/�i�� 9��T//%G�--� � WE ARE SENDING YOU ATTACHED THE FOLLOWING ITEMS: SHOP DRAWINGS PRINTS SAMPLES CHANGE ORDER COPY OF LETTER PLANS DATA SPECIFICATIONS MYLARS OTHER: FOR YOUR: REVIEW COMMENTS APPROVAL USE FILE COPIES DATE DESCRIPTION � � f�"G`�-�s 7 2�u �-U�'f�' S�-�-�/�z'f- 7� �� /��/�� .�%s2�'_�� /�/,�c�� ,��T"- REMARKS: � SIGNED �/ Carl T. Mill�r May 31 , 2002 Application has been made with the City of Tigard for a minor land partition. Location is 13920 S W 37th Crt. 87th Crt . is paved and has curbs . Electricity and water are underground at curb site . There are no plans for dwellings or structures of any kind. There should be no impact on the transportation system. There should be na impact •on the bikeways . Drainage: there is a storm drain in the street and a easement adjacent to the lot for the existing storm drain. The lot and adjacent properties are vegetated therefore there should be no impact on drainage . Park system: no impact. Water system: no impact. Sewer system: A sewer line has been installed up to adjacent lot line. This line will be extended in the easement on the north property line. Noise : na impact . Access : No new access required. No Accessory Structures are planned. No Dwelling Units are planned therefore no parking areas or driveways need to be considered. A CWA Service Provider Letter has been obtained. There arE no trees six inches in diameter or larger on the lot. No tree removal is planned. Clear Vision Area: There is nothing on the lot to impair vision to or from the street. Carl T Miller Property Manager 14190 S W 117 Tigard OR 97224 April 18 2002 Dick and Gloria Kerr own a piece of property at 19320 SW 87th Court That property is large enough to be divided into two lots This is to notify you of that intent i P A R T I T I O N P L A T REGISTFRED I FfEREBY CERTIFY iHA7 THIS PARTITION PLAT NO N PROFESSIONAL TRAqNG IS AN EXACT COPY OF FOR LAND SURVEYOR 71�E ORIGI L PLAT �s _ � M�. RECORDED AS DOCUMENT NO J RICHARD KERR GLORIA KERR 0 R E G ' W E ��,, �M�o�� A RE—PLA7 OF LOT 3 FILBER7 PARK e °° EXPIRES 12-37-2002 �s-McMONAGIB ASSOCIATES INC SITUATED IN THE S E QUARTER OF SECTION 2 ENqNEERS-SURVEYORS 72555 S W HALL 6LVD �� TOWNSHIP 2—SOUTN RANGE 1—WEST OF THE ncaR� R 97223-6287 PHO E 50 ) 6 9-3453 WILLAMETTE MERIDIAN CI7Y OF TIGARD �+ FA�' � s�s3�—,zs2 WASHtNGTON COUNTY OREGON Q� �J,��Q� LEGEND O � • DEMOTES 5/8 IRON ROD FOUND QR AS NOTED BASIS OF BEARING NORTH LINE OF THE FILBERT PARK PLA7 G �(� DA7E APRIL 4 2002 JOB NO 2002-10 REF JOB NO 97-28 SCALE 1 =30 �� Q�5 .yo�� O P�0�R 5 82 07o s�/s 30�ON I ROD WRIi Rm P�ias�nc ncnP NARRA TI VE Pv�O� pQa,�� 1 P F DENOTES I ON PIPE FOU�I�p S� ON � I R F DENOTES IRON ROD FOUND 1 1NE PURPOSE OF 7H15 PMIAION PLAT 15 70 Rf-PLAT LOT 3 OF�ILBERT PARK 1t7 CREA/E 7NS)PARCQS AS O� �P� NP N�T�INFORMATION SHOiYN IHE 84S/5 OF BFAR/NGS IS IHE NOR7H LINE OF 7Hf PlAr � 5- �� 2 IHE NOAfFI BOUN�'IJNE OF 1H£PUT WAS f57ABU5HED AS Ft7LL0115. IHE 5/B /Rf AT TifE NW CORNFR W- �6T OF LOT 4 WAS HELD 1HE 5/8 /RF AT lNE l�£CORNOt OF LOT 1 WAS HQD FOR N017/H�N AND 7Hf CURVE 7ABLE S N DENOTES SURVEY NUMBERS O/STANCf fROAf 11�5 CORNFR TO A Po/Nf Al Rll�lf AMGLES TO THE NORIH BDUN�R1'UNE WAS CALCUlA1fD G�LC Gu.CUlA7ED �17n FROM 7HE'FILBERT PARK" PiAr DATA THE DIRECIION OF 7HE NOR/H BOUN�IRY LINE WAS HELO BEIWEEN THESE P�� DELTA RADIUS LENGTH CHORD CHORD BEARING OOC NO DOCUMENT NUMBER TWO POINIS 1 11 35 30 i 25 00 25 29 25 25 N 83 43 45 W � DENOTES CEMTFRLINE 3 IHf PLAT Q4TA FOR LOT 3 WAS HF10 TO DEFINE 1NE P,4R7/IION PLAT BOUMDARY 2 79'30 30 40 00 13 62 13 55 S 80'43 75 W ( ) DENOTES RECORD DA7A / �°/ / �/ �'' �'�� 15 N7DE pR1VAlE SAAVTARY SEi�fR BASIS 0� BEARINGS INmAt POINT xan as rr w co�wm oF�or a-� _ � EASENENT 1N FA WR�LOTS 3 AND 4 S 89 31 30 E 470 f 6 �a so iaow Hon FOR NORiH LINE i � � F7LBERT P Ef WRH RC P SfAMPm 5/89RF W/NO GIP � 11507 PIAT HE1p S 893130 E 179 41 wLMc LS SOB �� 1/2 IPF i' o� � 896p 11100 68 �- - - - - - - - � - - — j / � ��_- OR PLUC I ^i I ^i ^ ^ �g 78 08 21 17 �N O�� 123 98 GLC ��M�/ / � - --- � �------ 94 91 - - 40 14 53�" 4 I NORfH BOUN[l4RY 11NE 105 69 � �� I 15 N7D£PRNATE 54NRARY SEWFR ALS7 DOG NQ 1002-W3670 FGR TF�m~,�v. � FASEINEM UOC NO 2Q02-043H7f y BENE}7T OF LOT 3 AND SUBSf01/ENT= '��j a Z o I FOR 1HE BENEFIT OF LOT 3 � WN90N5 1F�REOF v� I c>> � o �-�� PAno s F � � { �� IN � 8 y� 0 3 $ PARCEL 2 � � o I a� � I � 7501 SF �� O �� ry � � 3 � 0 I =m � 0� O N E)(ISIING HOUSE � �( 'Z e I � ''� `� RI REwUN � h � �O\ VI � N �'� y I 1/2 1 RF I � R=40 00 g�� R=125 00 �� s�o o aE-a si � L=13 62�P� � a2rr' �=25 29-P � �HpR� oF�or cox�or I S 893130 E 50 00-P q{pRp � / 5/8'i RF N 89 3130^w �22-P � �P� � 5/81RF� L PlAT DATA �/1�' W/�� \ .E 89 39 � W/NO G1P I � � � ` _ _ N 3732 301 �k�.�yby E�GS \ y9�(J.� 89/ Nf CORNDt i a�» � —� — �� 6�3�i �or � I — _ �� \ � 5/81RF � �5�/1� 87TH CT � \ � I I W/�� \ ��W/NO G1P PER S.N 28 000 \ I �— — —— � I � / � � \ � i I �o�c � � � i ` � � � o,� � � I > _ _ � � `' I / 6 � � / �O� \� 1 ` I / � � � � I � � I � � � / I � I � - - - - - - - - - -�- - - - - - - - - - - - - - - -� � - - - - - - - � I SHEET 1 OF 2 � i P A R T I T I O N P L A T REGISTERED I HERF�Y CER1iFY THAT THIS PARTITIO N P�T No PROFESSIONAL �AqM6 IS AN EXACT COPY OF FOR LM1D SURVEYOR TNE ORIq L PLAT � RECORDED AS DOCUMENT NO �� J RICHARD KERR GLORIA KERR � �� M � M`� � o� , 0 R E G A RE—PLAT OF LOT 3 FILBERT PARK """'"''B o B°N"�`� `l -` � HARRIS-McMONAGLE ASSOCIATES iNC �OQ�`�v` SITUATED IN THE S E QUARTER OF SECTION 2 D�IRES �2-3�-2002 ENGINEERS-SURVEYORS 70WNSHIP 2—SOUTH RANGE 1—WEST OF THE TIGARDS(OR 97223 s2a� � �S� o WILLAMET7E MERIDIAN CITY OF TIGARD PFAXE(SO��639912323 ��I�� oo°� WASHlNG70N COUNTY OREGON O,� F��o � BASIS OF BEARING NORTH LiNE OF THE FILBERT PARK PLAT � DATE APRIL 4 2002 JOB NO 2002-10 REF J08 NO 97-28 CITY OF TIGARD APPROVALS APPROVED 1HIS QAY OF 2002 BY ClIY ENCINEER SURVEYORS CERTIFICATE DECLARA7fON ,�P�� Y� Zao2 �a�uyw L �r�,+oHac� H�ar corrrFr nwr�rwvE coRRECnr suRVerm ar�Ma�cm WRH PROPER NONU�I£NTS ALL PARCEL CORNER� CURVE AOfN/S M1D BOUNDARI'UNE qGWGES �' KNOW ACL PFOPLE BY THf5E P�SENIS lHAT J RICHARD KFRR AND GLORlA I�RI� 7RUS/EES OR lN D/RECIION THE IAND RFPRESEMID/N 7Hf ANND(m PAR!!I►ON PUT AND AT TNE/N/(IAL 7}�pR SUCCFSSORS IN lRUSf UNDER 7NE l�Rlt 1JV/NC 1RU57 ARE 7HE OWNERS OF 1NE UWD COMNUNIIY DEYFLOPAIEN�DIRfCTOR PO1M/SE!A 5/87(30 1(dDN ROD Wl/H RfD PlASIIC CAP SIAMPEa 1fLMC LS 808 AT 7HE REpRESEAIfm ON 1HF ANNIXm AlAP AND AS DE5C�BED IN TNE SURVEYDRS CfRT1FlG17E AND NOR7HEA5(QO�VER OF tOT J OF IHE DULY RECORDED PIAT OF TILBEH�PARK THENCE �yEy�{qyF p{�p 7}rE S'WE TO BE PAR7l710Nf0 AND SURVEYFD INfO 1HE PARL�iS AS SHOWN Df5CR181NG 7HE PLiT BOUNDARY ALONC 7HE FASi UNE OF SAID LOT 3 S 170400 W 10547 FEE7 TO p�y�f�yNp(fD,IIAf, qLL fASpyEMS qRE HQ�y f�N7Ep AS y{pWN pR NOTED HEREON TF/f�UiHfAST CORNER 1HEREOF ON 7HE NOR1HfRLY RlGH!OF WAY UNE Of SW 87th COURi WASHINGTON COUN7Y APPROVALS RlINCE ALOA�G UlST SAID LINE ON)HE ARC OF A 125 00 FOOT RADlUS CURVE TO 1HE LffT HAVIMG A CFN/RAL ANGLE Of 1135 JO (7HE CHO�OF WHICH BFARS N B3'4.i 45 W 2525 FEf7)AN ARC qpp/rpyEp n{�pqY OF 1001 DISTAN(�OF 2519 FEEf THINQE ON SAlD UNE N 8?3130 W 83.22 FEET 11iDVCE ALONG RfE ARC OF J �IARD KERR 1RU5/EE GLOR/A KfRR 7RUSlEE A 40 00 Ftm!RAD4/5 CURVE ICI 1HE 1EFT HANA�A CfMRAL ANCLE OF 19'30 30 (1FIE CHO�� WASFIINGTON COUMY 9/RVfYDR � WHlCF/BEARS 5 80'43 f5 W 1355 FEET)AN ARC DISTiWCE OF 1362 fffT iC) THE SOUIHWE57 CORNtR �, OF SAIO!OT 3 7HENCE ALONG THE WEST UNF OF 1QT 3 N 1502 00 W f 09 34 fEET TU 7HE ldOR/HW67 CORNER THEREOF 1HENCE ALONG IHE NOR7H LlNE OF SAID LOT 3 S 89'3130 E 1794f ACKNOWLEDGEMENT FFET TO THE Po/Nf OF BEG/NN/NG CONfAIAnNG 035 ACRES $7AIE OF ORECON ) Nl TAXES fFfS AS565xlENlS OR O7HER CHARGfS AS PRONDm BY COUMY OF WASH/NG1GN)ss OIRECTDR OF�ASSESS�/EMPAND �IION WASIpNGTON COUNIY�OREGON 8E If Rf1NFMBDPID 1HAT ON IfRS d1Y OF 2001 By BEFORE NE A NOTARY PUBLIC IN AND FOR SAID STA1E AND COUN)Y PERSONALLY p��, APPEAFlm J RlCHARD KERR ANO q.0�4 I�RR WHO B�NG DULY SWORN DID SAY 1HAT 7FlEY ARf 1RUSIEES OF 7HE XfRR UNNG 7RUST AND SAID ASTRUAIENT WAS SI6NID ON BfHALf OF 7HE!(ERR LMNG TRUST AND 1FItY ACKNOWLEDGID SVD INSIRUMENT IU BE A FREf AG7 AND D� STAIE OF OREGbN ) !N 167INOkY WHEREOF I HAVE HEREUNId SE7 NY HAND AND AFFlXm NY OfFlCWL SEAL 1HE COUNIY OF WASHlWCTON�s Lt4Y AAID YFAIP lAS7 ABOVE WRRTEN I DO HEREBY CERlIFY IHAT 1HIS PAR1!(ION PUIT WAS RECE7VED FOR RECORD ON PLAT NOTES n��par oF zoa2 ar OCLOCK_M AND RECOROFD IN 1 lHE PRNA7E S4NliARY 5£WER fASEMFM AS ShIOWN UPON PARCfL 2 /S FOR IHf BENEf1!OF �TARY 57GNANRE COMN/SS10N No THE C011NIY CIfRK�5 PARCEL 1 TH/S F.4SE71/EM WAS RECOROED!N OOCUblEM Ab 2 MIS PARlp10N PUIT l5 Sl/BJECT TU 7HE CIIY OF 7/�ARD CASf Fl!E Mo NOTARY PUBUC -OREQON NY COAANISSlON EXP/RES � DfPI!!Y QWlN/Y CLfRK STATf OF OREGON ) COUNI)'OF WA�1/NG1DN)ss l 00 HET�BY CFRTIFY 7HAT 7H/S 7FLIClNG!S A COPY CEAflFIm TU M� BY ME SI/RVEYOR OF MIS PARIlfION PIAT TD BE A 7RUE AND DG1CT COPY OF 7HE OR!(�7W1(,IWD 1HAT Ir WAS RECORD£D ON 1HE dIY OF 2002 Ar OCLOC�N IN 1HE COUMY CLERK REQORDS BY DEPUIY COUMY CIfRK SHEET 2 OF 2 r CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES �a mumty�Drvefapment S�iapittgA BetterCommunity (Pre-Application Meeting Notes are Valid for Six (6) Months) _, _ _ RESIDENTIAL �,�r�a� Y Da ��va�a�: � B2 � , " � APPLICANT: C..,AR� (rl�.,�r-cz AGENT: R;�� I 11^�on��.le Phone: (�c�) �3�� - SSSri Phone: ( ) PROPERTY LOCATION: ADDRESS/GENERAL LO(ATION: ��j`�(.�- `�� S3�{�' h�e TAX MAP(S)/LOT #(S): ��;�a��D -o og s c� NECESSARY APPLICATIONS: '��}LF PROPOSAL DESCRIPTION: ',v,�c Q 1S ��l l �c�:r,k� �o�� s;� i n�o ��.;o Ic�s COMPREHENSIVE PLAN MAP DESIGNATION: Lc� c�-N�� cs��y-� ��- ZONING MAP DESIGNATION: ��-1 •S CITIZEN INVOLVEMENT TEAM (C.I.T.)AREA: Sc>c:z N i0NIN6 DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18. S�o l MINIMUM LOT SIZE: �C sq. ft. Average Min. lot width: 5� ft. Max. building height:�3� ft. Setbacks: Front�ft. Side S ft. Rear iS• ft. Corner iS. ft. from street. MAXIMUM SITE COVERAGE: -- % Minimum landscaped or natural vegetation area: -' %. ❑ NEI6HBORNOOD MEE G [Refer to ihe Neighborhood Meeting Nandoutl THE APPLICANT LL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS OF ANY LAND USE BCOMMITTEE(S), AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minim of two (2) weeks between the mailing date and the meeting date is required. Please review the nd Use Notification handout concerning site posting and the meeting notice. Meetin is to be held rior to submittin our a lication or the a lication will not be accepted. * NOTE: In order to also preliminan address building code standards, a meeting with a Plans Examiner is encouraged prior t ubmittal of a land use application. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 10 ResidenGal ApplicationlPlanning Division SecGon , �7 NNAitRAflVE [Refer to Code Chapter 18 3901 The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards Failure to provide a narrative or adequately address critena would be reason to consider an application incomplete and delay review of the proposal The applicant should review the code for applicable criteria �MPACT STUDY [Refer to Code Secdons 18 390 040 and 18 390 0501 As a part of the APPLICATION SUBMITTAL REQUIREMENTS applicants are required to INCLUDE IMPACT STUDY with their submittal package The impact study shall quantify the effect of the development on public facdities and services The study shall address at a minimum the transportation system including bikeways the drainage system the pa►ics system the water system the sewer system and the noise imQacts of the development For each public facdity system and type of impact the study shall propose improvements necessary to meet Citjr standards and to mirnmize the impact of the development on the pubiic at larg e public faalities systems and affected pnvate property users In situations where the Community Development Code requires the dedication of real property interests the applicant shall either specifically concur with the dedication requirement or provide evidence which supports the conclusion that the real property dedication reqwrement is not roughly proportional to the pro�ected impacts of the development [�ACCESS [Refer to Chapters 18 705 and 18 765) Mirnmum number of accesses I Mmimum access width �5 Maximum access width Mirnmum pavement width (� ❑ WALKWAY REQUIRE NTS [Refer to Code Chapter 181051 Within all ATTAC ED HOUSING (except finrafamily dwellings) and multi-family developments each residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING AREA COMMON O N SPACE AND RECREATION FACILITIES �RESIDENTIAL DENSITY CALCULAl10N [Refer to Code Chapter 181151-SEE E1(AMPLE BELOW The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the mirnmum number of square feet required per dwelling unit as specified by the applicable zornng designation Net development area is calculated by subtracting the following land area(s)from the gross site area All sensitive lands areas includin4 MAx � ��v nco Uo p� c.a��on ➢ Land withm the 100-year floodplain ➢ Slopes exceeding 25% ➢ Drainageways and ➢ Wetlands for the R-1 R-2 R-3 5 R-4 5 and R 7 zoning districts Public nqht-of-way dedication ➢ Single-famdy allocate 20% of gross acres for public facilities or ➢ Multi-family allocate 15% of gross acres for public facilities or ➢ If available the actual public faality square footage can be used for deduction EXAMPLE OF RESIDENTIAL DENSITY CALCULAflONS EXAMPLE USING A ONE ACRE SITE IN THE R 72 ZONE(3 050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS Single-Family Mult�-Fam�ly 43 560 sq ft of gross site area 43 560 sq ft of gross site area 8.712 sq ft (20%)for public right of way 6,534 sq ft (15%)for public ripht-of way NET 34 848 square feet NEi 37 026 square feet — 3,050(minimum lot areaj — 3.050(minimum lot area) = ntts er cre = i� mts er cre �iho DeuelopmemCode reuairesthatme oetstte area e�dstforthe nra�wdole dwelling an�.NO BOUNDIN6 OP IS PERMI'ITED *Nqnimum Prolect Densiql is 80°,�of We ma�dmum allowed deosi4l TO DEiERMINETHIS STANOA80 MULiiPLYiHE MAl11MUM MUMBE6 OF UMITS BY 8 CIN OF TIGARD Pre-ApplicaUon Conference Notes Page 2 of 10 Residenhal Apphcahon/Plannmg D��s�on SecUon [v�SPECIAI SEf6ACKS [Refer to Code Sec�on 181301 ➢ STREETS `" feet from the centerline of "—' ➢ FLAG LOT A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures ➢ ZERO LOT LINE LOTS A minimum of a ten (10)-foot separation shall be maintained between each dwelling unit or garage ➢ MULTI-FAMILY RESIDENTIAL buddmg separation standards apply within multiple-family residential developments � ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less than 2 5 acres in size Five (5�foot minimum setback from side and rear lot lines ACCESSORY STRUCTURE UP TO 1 000 SQUARE FEET on parcels of at least 2 5 acres in size [See applicable zoning district for the pnmary structures setback requirements.l ❑ fLA6 LOT BUILDINC IGNT PROYISIONS [Refer to Code Chapter 181301 MAXIMUM HEIG T OF 1'/z STORIES or 25 feet whichever is less m most zones 2'/Z stories or 35 feet in R-7 R-12 -25 or R-40 zones provided that the standards of Section 18 730 010 C 2 are satisfied ❑ BUFFERIN6 AND SC ENIN6 [Refer to Code Chapter 18 7451 In order TO INC EASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE OR VISUAL IMPA TS between ad�acent developments especially between different land uses the CITY REQUIRES DSCAPED BUFFER AREAS along certain site penmeters Required buffer areas are described b the Code in terms of width Buffer areas must be occupied by a mixture of deciduous and evergree trees and shrubs and must also achieve a balance between vertical and honzontal plantings Sit obscunng screens or fences may also be required these are often advisable even if not requir by the Code The required buffer areas may o� be occupied by vegetation fences utilities an walkways Additional information on required buffer area materials and sizes may be found in the D elopment Code The ESTIMATED RE UIRED BUF R WIDTHS a licable to our ro osal area are feet along north boun ry feet along east boundary feet along south bound feet along west boundary IN ADDITION SIGHT OBSCURING SCR NING IS REQUIRED ALONG ❑ LANDSCAPIN6 [Refer to C de Chapters 18 745,18 765 and 18 7051 STREET TREES AR REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as w I as driveways which are more than 100 feet in length Street trees must be placed either within the ublic right-of-way or on pnvate property within six (6) feet of the nght-of- way boundary Street trees ust have a minimum caliper of at least finro (2) inches when measured four (4) feet above grade S et trees should be spaced 20 to 40 feet apart depending on the branching width of the propos tree species at maturity Further information on regulations affectmg street trees may be obtain d from the Planning Division A MINIMUM OF ONE (1) TREE FOR VERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order o provide a vegetative canopy effect Landscaped parking areas shall include special design feature hich effectively screen the parkmg lot areas from view ❑ RECYCLIN6 [Referto Code Chap 187551 Applicant should CONTACT RANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY cating a trash/recycling enclosure within a clear vision area such as at the intersection of two (2) dri ways withm a parking lot is prohibited Much of Tigard is within Pnde Disposal s Service area Len Hing is the contact person and can be reached at (503) 625-6177 CIN OF TIGARD Pre-Applicahon Conference Notes Page 3 of 10 Residen6al ApphcahonlPlannmg aws�on Sec6on [� PARbN6 [Refer to Code Chapters 18 765 a 18 7051 ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED --� ➢ Smgle-family Requires One 1 off-street parking space per dwelling unit and One �1; space per unit less than 500 square feet ➢ Multiple-family Reqwres 1 25 spaces per unit for 1 bedroom 1 5 spaces per unit for 2 bedrooms and 1 75 spaces per unit for 3 bedrooms Multi-famdy dwellmg urnts with more than ten (10) required spaces shall provide parkmg for the use of guests and shall consist of 15°/a of the total required parking NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENStONED AS COMPACT SPACES Parking stalls shail 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 parkmg spaces The minimum number of disabled person parking spaces to be provided as well as the parkm� 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 appropnate sign shall be posted ❑ BICYCLE RACKS [ efer to Code Secuoo 181651 BICYCLE RAC S are required FOR MULTI-FAMILY COMMERCIAL AND INDUSTRIAL DEVELOPMENT Bicycle racks shall be located in areas protected from automobde traffic and in convenient location ❑ SENSIflYE LANDS [Refer to Code Chapter 18 T151 The Code prov es REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMEN DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN NATURAL DRAINAGEWAYS WETLAND AREAS ON SLOPES IN EXCESS OF 25 PERCENT OR ON UNSTABLE GROU Staff wdl attempt to preliminary identify sensitive lands areas at the pre- application conferenc based on available information HOWEVER the responsibdity to precisely identi sensitive land reas and their boundanes is the res onsibdi of the a licant Areas meetin the definitions sensitive lands must be clearl indicated on lans submitted with the development application Chapter 18 775 also provide regulations for the use protection or modification of sensitive lands areas RESIDENTIAL DEVEL PMENT IS PROHIBITED WITHIN FLOODPLAINS ❑ STEEP SLOPES [Refe to Code Secdon 18 715 080 Cl When STEEP SL PES exist prior to issuance of a final order a geotechnical report must be submitted which ad esses 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 recomm dations for achieving the requirements of Section 18 775 080 C CLEANWATER SERVICES[CWSI BUFFER STANDARDS [Refer to R a 0 96�4/USA Reguladons-Chapter 3l LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated corndor for a buffer wide enough to protect the water quality functioning of the sensitive area Design Criteria The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area The following table identifies the required widths CITY OF TIGARD Pre-Applicabon Conference Notes Page 4 of 10 Residen6al Apphca6oNPlannmg aviswn Secbon TABLE 3 1 VEGETATED CORRIDOR WIDTHS SOURCE CWA DESIGN AND CONSTRUCTION STANDARDS MANUALJRESOLUTION 8�ORDER 96-44 �� .�,�.,� � ��., �� ~~ ,�, �. � �y- � � �� °,��, -, '� SENSITNE�AREA DEFINITION �� `� �SLOPE ADJACENT ��- X� WIDTH�OF�1/EGETATED � .� ��, � �, � f�,� �� TO SENSITIVE�AREA4 T � COORRID�OR PER SIDES ` • Streams with intermittent flow drairnng <25% � 10 to <50 acres 15 feet 1 >50 to <100 acres 25 feet • Existmg or created wetlands <0 5 acre 25 feet ♦ Existing or created wetlands >0 5 acre <25% 50 feet ♦ Rivers streams and springs with year round flow • Streams with intermittent flow draining >100 acres ♦ Natural lakes and onds • Streams with intermittent flow draining >25% � 10 to <50 acres 30 feet � >50 to <100 acres 50 feet • Existing or created wetlands >25% 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 drairnng >100 acres point to the top of ravine (break in • Natural lakes and ponds <25%slope) add 35 feet past the top of ravine6 Starting point for measurement = edge of the defined channel (bankful flow) for streams/nvers delineated wetland 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�nnthin the nver/stream or wetland vegetated comdor shall not serve as a starhng point for measurement SVegetated comdor averagmg or reducLon is allowed only when the vegetated comdor is certified to be in a marginal or degraded condihon sl'he 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 geotechnical report confirtns slope stabdity shall be maintained uwth the reduced setbadc from the top of ravine Restrictions in the Vegetate Corridor NO structures development construction activities ga�dens 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 prov�ded for in the USA Des�gn and Construcf�on Standards Location of Vegetated Corndor IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended for separate ownership such as a subdivision the vegetated comdor shall be contained in a separate tract and shall not be a part of any parcel to be used for the construction of a dwelling unit �—�j CWS Service Provider Letter � PRIOR TO SUBMITTAL of any land use applications the applicant must obtam a CWA 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 stdl issue a letter stating a CWS Service Provider Letter is not required ❑ SI6NS [Refe Code Chapter 181801 SIGN PER MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of Tigard A Guid es for Sign Permits handout is avadable upon request Additional sign area or height beyond Cod tandards may be permitted if the sign proposal is reviewed as part of a development review app tion Alternatively a Sign Code Exception application may be filed for Directors review [✓]�TREE REMOYAL PLAN REQUIREMENTS [Refer to Code Sectlon 18190 030 CJ A TREE PLAN FOR THE PLANTING REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for any lot parcel or combination of lots or parcels for which a development application for a subdivision partition site development review planned development or conditional use is filed Protection is preferred over removal where possible CITY OF TIGARD Pre-Applicahon Conference Notes Page 5 of 10 Residen6al AppficahoNPlannmg aviswn Sec6on THE TREE PLAN SHALL INCLUDE the followmg ➢ Identification of the location size and species of all existing trees including trees designated as significant by the City ➢ 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 accordmg to the following standards and shall be exclusive of trees required by other development code provisions for landscaping streets and parking lots ♦ Retamage of less than 25% of existing trees over 12 inches m caliper requires a mitigation program according to Section 18150 070 D of no net loss of trees ♦ Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that finro-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 m caliper requires that 50% of the trees to be removed be mitigated according to Section 18 790 060 D ♦ Retainage of 75% or greater of existing trees over 12 inches m caliper requires no mitigation ➢ Identification of all trees which are proposed to be removed and ➢ A protection program defirnng standards and methods that wdl be used by the applicant to protect trees during and after construction TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be mventoned as part of the tree plan above and will be replaced according to Section 18 790 060 D [�MITI6ATION [Refer to Code Secdon 18190 060� REPLACEMENT OF A TREE shall take place according to the following guidelmes ➢ A replacement tree shall be a substantially simdar species considenng site charactenstics ➢ If a replacement tree of the species of the tree removed or damages is not reasonably available the Director may allow replacement with a different speaes of equivalent natural resource value ➢ If a replacement tree of the size cut is not reasonably available on the local market or would not be viable the Director shall require replacement with more than one tree in accordance with the following formula ♦ The number of replacement trees required shall be determined by dividing the estimated caliper size of the tree removed or damaged by the caliper size of the largest reasonably available replacement trees If this number of trees cannot be viably located on the sub�ect property the Director may require one (1) or more replacement trees to be planted on other property within the city either public property or with the consent of the owner private property ➢ The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to matunty IN LIEU OF TREE REPLACEMENT under Subsection D of this section a party may with the consent of the Directo� elect to compensate the City for its costs in performing such tree replacement [� CLEAR VISION AREA [Refer to Code Chapter 18 7951 The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway road/radroad and road/road intersections The size of the required clear vision area depends upon the abutting street s functional classification and any existing obstructions within the clear vision area CIN OF TIGARD Pre-Applica�on Conference Notes Page 6 of 10 Residenhal Applica6oNPlamm�g D��swn Sec6on ❑ WAi�R RESOURCES 0 lAY DISTRICT [Refer to Code Secdon 18 7910301 The WATER RE URCES (WR) OVERLAY DISTRICT implements the policies of the Tigard Comprehensive PI and is intended to resolve conflicts between development and conservation of significant wetla ds streams and riparian corridors identified m the City of Tigard Local Wetlands Inventory pecifically this chapter allows reasonable economic use of property while establishing clear an ob�ective standards to protect significant wetlands and streams limit development in design ted riparian corridors maintain and enhance water quality maximize flood storage capacity prese e native plant cover minimize streambank erosion maintain and enhance fish and wildlife habitat and conserve scenic recreational and educational values of water resource areas Safe Harbor The WR OVERLAY DISTRIC ALSO MEETS THE REQUIREMENTS OF STATEWIDE PLANNING GOAL 5 (Natural Resources) a the safe harbor" �rovisions of the Goal 5 administrative rule (OAR 660 Division 23) These provi ons require that significant wetlands and npanan comdors be mapped and protected The Tua tin River which is also a fish-bearing stream has an average annual flow of more than 1000 cfs Ma�or Streams Streams which are mapped as FISH �EARING STREAMS by the Oregon Department of Forestry and have an average annual flow less t an 1000 cubic feet per second (cfs) ➢ Ma�or streams m Tigard include FANNO CREEK ASH CREEK (EXCEPT THE NORTH FORK AND OTHER TRIBUTARY REEKS)AND BALL CREEK Minor Streams Streams which are NOT FISH-BEARING S EAMS according to Oregon Department of Forestry maps Minor streams in Tigard include Sum er Creek Derry Dell Creek Red Rock Creek North Fork of Ash Creek and certain short tributaries the Tualatm River Ripanan Setback Area This AREA IS MEASURED HORIZONTALLY FR M AND PARALLEL TO MAJOR STREAM OR TUALATIN RIVER TOP-OF-BANKS OR THE ED OF AN ASSOCIATED WETLAND whichever is greater The riparian setback is the same as th riparian corridor boundar�' in OAR 660-23- 090(1)(d) ➢ The standard TUALATIN RIVER RIPARIAN TBACK IS 75 FEET unless modified in accordance with this chapter ➢ The MAJOR STREAMS RIPARIAN SETBACK IS 0 FEET unless modified in accordance with this chapter ➢ ISOLATED WETLANDS AND MINOR STREAMS cludmg ad�acent wetlands) have no riparian setback however a 25-foot "water quality buff �' is required under Unified Sewerage Agency (USA) standards adopted and administered by the City of Tigard ❑ RIPARIAN SEiBACK REDUCflONS [Refer to Code Secdoa 18 7911001 The DIRECTOR MAY APPR VE A SITE-SPECIFIC REDUCTION OF THE TUALATIN RIVER OR ANY MAJOR STREAM RIPA AN SETBACK BY AS MUCH AS 50% to allow the placement of structures or impervious surface otherwise prohibited by this chapter provided that equal or better protection for identified ma�or stre m resources is ensured through streambank restoration and/or enhancement of npanan vegetation preserved portions of the nparian setback area Eli ibilit for Ri anan Setback in Distur ed Areas TO BE LIGIBLE FOR A RIPARIAN S TBACK REDUCTION the applicant must demonstrate that the riparian corridor was substantially isturbed at the time this regulation was adopted This determination must be based on the getation Study required by Section 18 797 100 that demonstrates all of the following ➢ Native plant spec�es currently cover less han 80% of the on-site nparian corridor area ➢ The tree canopy cuRently covers less th 50°/a of the on-site riparian corridor and healthy trees have not been removed from the on-si npanan setback area for the last five years CIN OF TIGARD Pre-Application Conference Notes Page 7 of 10 Res�denhal AppGca6oNPlannmg answn Sechon ➢ That vegetation was not removed contrary to the provisions of Section 18 797 100 regulatmg removal of native plant species ➢ at there will be no �nfringement into the 100-year floodplain and ➢ T average slope of the riparian area is not greater than 20% ❑ FIIiURE STREET AND E1R�NSION OF STREETS [Refer to Code Sect�on 18 810 030.FJ A FUTURE ST EET PLAN shall ➢ Be filed b the applicant in conJunction with an application for a subdivision or partition The plan shall s w the pattern of existing and proposed future streets from the boundanes of the proposed lan division and shall include boundanes of the proposed land division and shall include other p cels withm 200 feet suROUnding and ad�acent to the proposed land division ➢ Identify existing o roposed bus routes pullouts or other transit facdities bicycle routes and pedestnan facdities n or within 500 feet of the site Where necessary to give ac ss or permit a satisfactory future division of ad�oining land streets shall be extended to the boundary li s of the tract to be developed Q�ADDITIONAL LOT DIMENSIONAL REQUIREMENi'S [Refer to Code Secdon 18 810 0601 MINIMUM LOT FRONTAGE 25 feet unless lot is created through the minor land partition process Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum 15-foot wide access easement The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'/z TIMES THE AVERAGE WIDTH unless the parcel is less than 1%2 times the minimum lot size of the applicable zornng district ❑ BLOCKS [Refer to Cod ection 18 810 0901 The penmeter of BL CKS FORMED BY STREETS SHALL NOT EXCEED 1 800 FEET measured along the right-of way e except where street location is precluded by natural topography wetlands or other bodies of water r pre-existing development When block lengths grea r than 330 feet are permitted pedestrian/bikeways shall be provided through the block CODE CHAPTERS _ 18 330(�ondmona�use) �8 G2O(Tgard Tnangle Desgn Standards) � 18 765(ottstreet Parwny2oadmy Reyuuements) _ 18 340(Diredors Interpreta6on) 18 630(washmgton Square Regronal Center) _ 18 775(Sens�hve lands Rewew) _ 18 350(P�a�r�ed oeve�opment) � 18 705(A�gressr�ueu�atmn) _ 18 780(sgns) _ 18 360(S�te Deveiopment Review) �S 7'I O(Aooessory Res�den6al Un�s) _ �H 7H5(Temporary Use Permrts) _ 18 370(vananceslAd�ustrnents) � 18 715(Dens�ty Computatrons) .�L 18 790(Tree Removaq _ 18 380(zonirg�ext,�►mmendments) �H 7ZO(Desgn Compa6bddy Standards) �L 18 795�v��c��,ce a�> /18 385(�vusceuaneous Perm�s) � �S�25(Env�ronmenhal Perfom�ance Standards) _ �H�97(Water Resouroes(WR)Overlay D�sfid) �L 18 390(Deasron Mawng Prooeduresllmpad Study) �8 73O(Excephons T6 Development Standards) �8 798(wiretess Commumcahon Faalmes) 18 41 O(�ot une Ad�ustments) 18 740(Hisronc Overlay) 18 81 O(Street�U6hty Improvement Standards) � 18 420(�and Partroons) 18 742(Home occupaeon Permrts) / 18 430�s��d�o�� S 745(Landscaping 8 Saeenmg Standards) ._IL �S 5�O(ResidenUal Zonmg D�stncts) �S 75O(ManufaduredlMobd Home Regulabons) _ 18 520(Comrr�raa�Zonmg D�smcts) 18 755(Muced Solul WastelRec.ydmg Srorage) _ �H 53O(Indusinal Zaning D�stncls) 18 760(Nonoonforming S�tuaeons) CITY OF TIGARD Pre-ApplicaUon Conference Notes Page 8 of 10 Residen6al ApphcahonlPlannmg aviswn Sec6on ADOITIONAL CONCERNS OR COMMENTS: � � ,� � � a��sn '�C �^^�1P._�'P. ��G�1dY1 FtPrnC �l°.i� ��r,�Ut_'�C'CFS 1.,�M�Ci��1� { � If1nhQ(�.� J'�U �.1 TRF'C-_ SOCJP�. c�'��+n�n 4r4� �f'.e ��1�5(1 � �� J��c4,�,r�.�C�c�[� [`�., � �{�,�, �-. ,n��,��r� PROCEDURE _� Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or droeped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 4:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (11, 8'/2" x 11" map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials are required. CITY OF TIGARD Pre-Applicabon Conference Notes Page 9 of 10 Residential ApplicatioNPlanning Divisan Section � The administrative deasion or public hearing wdl Pically occur approximately 45 to 60 days after an application is accepted as being complete by the�lanning Division Applications involving difficult or protracted issues or requiring review by other Jurisdictions may take additional time to review Wntten recommendations from the Planning staff are issued seven (7) days pnor to the public hearing A 10-day public appeal period follows all land use decisions An appeal on this matter would be heard by the Tigard �ea�,�� O�;cPr A basic flow chart which illustrates the review process is avai ble 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 Commurnty 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 SUBDIVISION PLAI'NAME RESERVAflON [Counql Surueyors Office 503-648 88841 PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard applicants are repuired to complete and file a subdivision plat nammg request with the Washington County Surveyor s Office in order to obtain approval/reservation for any subdivision name Applications will not be accepted as complete until the City receives the faxed confirmation of approval from the County of the Subdivision Name Reservation BUILDIN6 PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval These pre-application notes do not include comments from the Building Division For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Div�sion Plans Examiner to determine if there are buildmg 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 parcel for that structure will be eliminated when the new plat is recorded the Cit s olic is to a I those s stem development credits to the first buildingpermit issued in the development (UNLE OTHER ISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED) e con erence an no es canno cover a o e requiremen s an aspec s re a e o site planning that should ap ply to the development of your site plan Failure of the staff to provide information required by the Code shall not constitute a waiver of the a plicable standards or requirements It is recommended that a pros�pective applicant either obtain and read t�ie Commurnty Development Code or ask any questions of Cit statf�relative to Code requirements prior to submitting an a plication AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division) PREPARED BY , A� ,�.a� CIiY OF TIGARD PLANNING DIVISION STAFF PERSON HOLDING PRE APP MEETING PHONE (503) 639-4111 FAX (503) 6841291 E MAIL (sta�'s first name�@e�bgard or us QKA��`a nnE�e(CITY OF TIGARD S fOMMUNITY DEVELOPMENT fODE)INTERNETAUDRESS www cl.tigard or.us H lpattylmasterslPre-App Notes Residenhal doc Updated 1 Nov 2001 (Engineenng sect�on preapp eng) CITY OF TIGARD Pre-ApplicaUon Conference Notes Page 10 of 10 Residenbal App6cahoNPlannmg D�hsion Sec6on � i � �� s �� a �� ..�� ' E � �' � �� ;� �PRE=APPLICATION CONFERENCE H�OTESL�� f X �� .��,- � > �� r �� w�� St � �` 4 --� Sd�s�#��« b �� .�� ^ � ! 1 / � � � ➢ ENGIHEERING SECTIOH'�Q��'�� '°'n°�'''o�� > � �� y�� Community �° 3� � � ��'�' �� _ ��t �° �`�� , � ,�� `�� °�`��,� � Devel�opment�e �� t�� f��v�� z� a�a�,�� Sh�3p1I�1�A�BEtt2t' �� ;�� Communit ��"� `" PUBLIC FACILITIES Tex Map[sl 2S102DD Tax loas� s10 Use iylpe MLP The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and sub�ect to approval by the appropriate authority There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies City staff and the public have had an opportunity to review and comment on the application The following comments are a proJection of public improvement related requirements that may be required as a condition of development approval for your proposed pro�ect Riaht-of-way dedication The City of Tigard requires that land area be dedicated to the public (1 ) To increase abutting public rights-of-way to the ultimate functional street classification nght-of-way width as specified by the Community Development Code or (2 ) For the creation of new streets Approval of a development application for this site will require right-of-way dedication for ❑ SW to feet ❑ SW to feet ❑ SW to feet ❑ SW to feet Street improvements � Minor street improvements will be necessary along SW 87th Court to include ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs traffic control devices streetlights and a two-year streetlight fee cm oF nsnno pre-uaaiicanoo comerence Nous raee�ot s Fneloeerioe Depertmeot Saetloo � Other Provide a v driveway apron for Parcel 2, mee City standards ❑ street improvements will be necessary along SW to mclude ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs traffic control devices streetlights and a two-year streetlight fee ❑ Other ❑ street improvements will be necessary along SW to include ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs traffic control devices streetlights and a finro-year streetlight fee ❑ Other ❑ street improvements will be necessary along SW to include ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs traffic control devices streetlights and a two-year streetlight fee ❑ Other ❑ street improvements will be necessary along SW to include ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk CR110F TICARD Pre-Applleatlon Co�ference Notes Page 2 of 6 FnBloeedog Departme�tSeetloo ❑ street trees ❑ street signs traffic control devices streetlights and a two-year streetlight fee ❑ Other Aqreement for Future Street Improvements In some cases where street improvements or other necessary public improvements are not currently practical the improvements may be deferred In such cases a condition of development approval may be specified which requires the property owner(s) to execute a non-remonstrance agreement which waives the property owners right to remonstrate against the formation of a local improvement district The following street improvements may be eligible for such an agreement (1 ) �2 ) Overhead Utility Lines ❑ Section 18 810 120 of the Tigard Municipal Code (TMC) requires all overhead utility lines ad�acent to a development to be placed underground or at the election of the developer a fee in-lieu of undergrounding can be paid This requirement is valid even if the utility lines are on the opposite side of the street from the site If the fee in-lieu is proposed it is equal to $ 27 50 per lineal foot of street frontage that contains the overhead lines There are existing overhead utility lines which run ad�acent to this site along SW Prior to the applicant shall either place these utilities underground or pay the fee in- lieu descnbed above Sanitary Sewers The nearest sanitary sewer line to this property is a(n) 8 mch line which is located to the northwest of this site The proposed development must be connected to a public sanitary sewer It is the developer's responsibility to provide a sewer lateral to Parcel 2 The applicants engineer ind�cafes fhat m 1997 two 4-�nch laterals were extended from the 8-inch 1►ne fo serve the existmg parcel and a future one Staff venfied that a permit was obfamed(ENG98-00051) to extend 3laterals one to 13900 and two to 13920 87fh Court QUESTION Is the ex�sting house hooked up to public sewer'� Water Supply The City of Tigard (Phone (503) 639-4171) provides public water service in the area of this site This service provider should be contacted for information regarding water supply for your proposed development Fire Protection CIiY OF flGARD Pre-Applicetlon CONerence NoteS Pepe 3 of 6 Engineadog DepartmeotSeetloo Tualatin Valley Fire and Re ie Distnct (South Division) [Conta -ric McMullen (503) 612-7010] provides fire protection services within the City of Tigard The �istrict should be contacted for information regarding the adequacy of circulation systems the need for fire hydrants or other questions related to fire protection Storm Sewer Improvements All proposed development within the City shall be designed such that storm water runoff is conveyed to an approved public drainage system The applicant will be required to submit a proposed storm drainage plan for the site and may be required to prepare a sub-basin drainage analysis to ensure that the proposed system will accommodate runoff from upstream properties when fully developed There is an existing publ►c storm ma►n that runs northerly along the westem boundary of the parcel The appl�cant must show on their site plan how the new house wdl be connecfed to that line A Publ►c Faality Improvement Permif wdl be necessary m order to tap the main storm l�ne Storm Water Qualitv The City has agreed to enforce SurFace Water Management (SWM) regulations established by the Unified Sewerage Agency (USA) (Resolution and Order No 00-7) which requires the construction of on-site water quality facilities The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces The resolution contams a provision that would allow an applicant to pay a fee in-lieu of constructing an on-site facility provided specific criteria are met The City will use discretion in determining whether or not the fee in-lieu will be offered if the fee is allowed it will be based upon the amount of new impervious surFaces created for every 2 640 square feet or portion thereof the fee shall be $210 Preliminary sizing calculations for any proposed water quality facility shall be submitted with the development application It is anticipated that this pro�ect will require ❑ Construction of an on-site water quality faality � Payment of the fee in-lieu Fee �s applicable to Parcel 2 only Other Comments All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible TRAFFIC IMPACT FEES CRY OF nCARD Pre-Appllcatlon Comerence Notes Page 4 ot 6 EngloeednB oepartmeot Seetloo In 1990 Washington Coun1 iopted a county-wide Traffic Impa ee (TIF) ordinance The Traffic Impact Fee program collect� fees from new development basea on the development's pro�ected impact upon the City's transportation system The applicant shall be required to pay a fee based upon the number of trips which are pro�ected to result from the proposed development The calculation of the TIF is based on the proposed use of the land the size of the pro�ect and a general use based fee category The TIF shall be calculated at the time of buildmg qermit issuance In limited circumstances payment of the TIF inay be allowed to be deferred until the issuance of an occupancy permit Deferral of the payment until occupancy is permissible o� when the TIF is greater than $5 000 00 Pay TIF for house on Parcel 2 only PEBINITS Public Facility Improvement (PFI) Permit Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering Department A PFI permit application is available at the Planning/Engineering counter in City Hall For more extensive work such as street widening improvements main utility line extensions or subdivision infrastructure plans prepared by a registered professional engineer must be submitted for review and approval The Engmeering Department fee structure for this permit is considered a cost recovery system A deposit is collected with the application and the City will track its costs throughout the life of the permit and will either refund any remaining portion of the deposit or invoice the Permittee in cases where City costs exceeds the deposit amount The Permittee wdl also be required to post a perFormance bond or other such suitable security Where professional engineered plans are required the Permittee must execute a Developer/Engineer Agreement which will obligate the design engineer to pertorm the primary inspection of the public improvement construction work The PFI permit fee structure is as follows NOTE If an PFI Perm�is required,the applicant must obtain that perm�t prior to release of any permns from the Building Dmsion Building Division Permits The following is a bnef overview of the type of permits issued by the Building Division For a more detailed explanation of these permits please contact the Development Services Counter at 503-639-4171 ext 304 Site Improvement Permit (SIT) This permit is generally issued for all new commercial industrial and multi-family pro�ects This permit will also be required for land partitions where lot grading and private utility work is required This permit covers all on-site preparation grading and utility work Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20% and foundation excavation material is not to be hauled from the site CIiY Of flGARD Pre-ApplleetlOn Comerence Notes Pege 5 016 Engloeedng Deparlmeot3eetlon Buildmg Permit (BUF This permit covers only the constr �n of the building and is issued after or concurrently w�th the SIT permit Master Permit (MS� This permit is issued for all smgle and multi-family buildings It covers all work necessary for building construction including sub-trades (excludes grading etc) This permit can not be issued in a subdivision untd the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City For a land partition the applicant must obtain an Engineering Permit if required and return a mylar copy of the recorded plat to the City pnor to issuance of this permit Other Permits There are other special permits such as mechanical electrical and plumbing that may also be required Contact the Development Services Counter for more information GRADIHG PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision pro�ects shall require a proposed grading plan prepared by the design engineer The engineer will also be required to indicate which lots have natural slopes between 10% and 20% as well as lots that have natural slopes in excess of 20% This information will be necessary in determining if special grading inspections will be required when the lots develop The design engineer will also be required to shade all structural fill areas on the construction plans In addition each homebuilder will be required to submit a specific site and floor plan for each lot The site plan shall mclude topographical contours and indicate the elevations of the corners of the lot The builder shall also indicate the proposed elevations at the four corners of the building PREPARED BY � l�Oz ENGINE NG DEPARTM STAFF DATE Phone [5031639�4111 Fax. [50316240152 \\t g333\ srldepts\eng�br anAtemplates�preap notes eng dot Revised March 21 2002 cm oF nsnRO rre�anniicanon comerenee No�es wage s or s EnBloeering Deparlment Seetloo � � . PRE-APPLICATIDN GONFERENCE REQUEST CITY OF TIGARD 13125 SW Hal!Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION �_ � ,� / FOR STAFF USE ONLY Applicant: CU'!� �, �"��/�� Address: ��/�U .S Gv L/ 7 Phone:�,/�1�SSS � Case No.: ��K-�-a`�(�o�� Cit �v�� O�Z Zip: 97 'L-2q, Receipt No.: oZ-d — y: � v Application/{�ccept By: ` Contact Person: � iL! �ffL -_Phone: b, Date: Property Owner/Deed Holder(s):/`7�L!!/L�/Ui•t.rG )'7��ST � � DATE OF PRE-APP.: � O �/ �� Tf q '` ari� � rvi�G/��«L�T' � s TIME OF PRE-APP.: Address:��G/.�fwG�D Gr ' Phone: PRE-APP. HELD WITH: CItY: ��,�`� C�/L - Zip: J'7��-1 Rev.12l6/2000 i:\curpinlmaslers\revisedlPre-App Request.doc Property AddresslLocation(s): �3�� -,�F� � �L/ �#' ;� � REQUIRED SUBMITTAL ELEMENTS � (Note: applications will � be accepted —�a'��'� without the required submittal elements) Tax Map & Tax Lot#(s j: �s f —�� --/� ��0 ,�j _ � Pre.�pplication Conf. Request Form �(�/ ��nPiFS FACH�F THE FOLLOWING: Site Size: / z 7 � � ; !;�� Brief Description of the Proposal and ��-�1'` ,� any site-specific questions/issues that PRE-APPLICATION CONFERENC INFORMATION ' ,�' you would like to have staff research prior to the meeting. All of the information identified on this form are required to be � submitted by the applicant and received by the Planning Division a Site Plan. The site plan must show the minimum of one (1_) week �rior to officially schedulina a proposed lots and/or building layouts drawn to scale. Also, show the location nre-application conference date/time to allow staff ample time to of the subject property in relation to the prepare for the meeting. nearest streets; and the locations of dri�ieways on the subject property and A pre-application conference can usually be scheduled within 1-2 � across the street. weeks of the Planning Division's receipt of the request for either ,�', The Proposed Uses. T �PS ay or Thursday mornings. Pre-application conferences are one (1� hour long and are typically held between the hours of ,' � Topographic Information. Include 9:00-11:00 AM. �ontour Lines if Possible. � If the Pre-Application Conference is for a PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN MONOPOLE project, the applicant must PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM attach a copy of the letter and proof in 8:00-4:00lMONDAY-FRIDAY. the form of an a�davit of mailing, that the collocation protocol was completed IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE (�ee Section 18.798.080 of the Tigard PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE ---�a��DevelnpnascztCode}. INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM ;� � �}' Filing Fee $240.00 ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE GROUP. Receipt #: 27200200000000001281 " Rum Date: 04/10/2002 TIDEMARK COMPUTER SYSTEMS, INC, Line Items: Case No Tran Code Description Revenue Account No. Amount Due PRE2002-00030 [LANDUSI PreApp Conf 100-0000-438000 $240.00 Payments: Method Payer Bank No Acct Check No Confirm No. Amount Paid Check CARL T.MILLER 0 1068 0 $240.00 TOTAL AMOUNT PAID: $240:00 . . �� Pre-Apps (CD Meetings) A ri12002 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Thursday, April 18, 2002 $:oo 8:30 9:00 Pre•app Bill McMonagle 503•639•3453 13290 SW 87th Ct/MLP 9:30 10:00 Pre-App 10:30 11:00 Pre•app 11:30 12:00 12:30 1:00 1:30 2:00 2:30 3:00 3:30 4:00 4:30 5:00 5:30 6:00 10:08AM Wednesday,April 10, 2002 TR NSMIT AL Harris - McMonagie Associates, Inc Engmeers Surveyors 12555 S W Hall Boulevard Tigard, Oregon 97223 Tel (503) 639-3453 Fax 639 1232 DATE O�/ �� !O � � TO ,�i i'�� i� ,/��'�� + r � PROJECT ��;�'�.�iTiG�/ �`/��i.�G��'l� WE ARE SENDING YOU ATTACHED THE FOLLOWING ITEMS SHOP DRAWINGS PRINTS SAMPLES CHANGE ORDER COPY OF LETTER PLANS DATA SPECIFICATIONS MYLARS OTHER FOR YOUR REVIEW COMMENTS APPROVAL USE FILE COPIES DATE DESCRIPTION a� �- �s��i�c � � Gv�T�/��'�L�.�ii.��' s�� C � z�0��--�-_� , � i�i�G�� / �/�/�iTir/.� �� ,,�rTiU�/ � REMARKS �� sG��`�.0�`=�,� •�% i��l� �� 7� � �� f�� G SIGNED � HARRIS - McMONAGLE ASSOCIATES INC ENGINEERS - SURVEYORS 12555 SW HALL BLVD TIGARD OREGON, 97223 TEL (503) 639-3453 FAX (503) 639-1232 J RICHARD KERR AND GLORIA KERR PROPOSED LAND PARTITION 1�1ARRATIVE Apn110 2002 1 The purpose of this partition is to divide lot 3 of Filbert Park into two Parcels Parcel 1 will contain the existing house on a site of 7770 s f Parcel2 will become a new buildmg srte having 7501 s f The zomng of this property is Tigard R 4 5 which requires each building site to have 7500 s f This proposal meets this condition 2 Access to the srte will be directly from S W 87�' Avenue which is a fully improved crty street Water supply dramage and underground utilrties are available to serve the proposed Parcel2 in the street 3 The existing home on Lot 2 was previously on a septic system In 1997 two 4 inch PVC sanrtary sewer pipelines were e�ended from the McDonald Sewer Trunk lme via a pnvate sewer easement as shown to serve the existing house and provide for the sewer service of the proposed Parcel2 4 All setbacks and requirements of the R 4 5 zone will be met No variances are necessary \ Q� , � � �`"'`� � Q 1 t �+ i..� �� N � � f ( Itf.� �V �� +%"" � � � � �� ' � f '�'� S x ��S �` �`� ' ��C� � �'� +� ' � ,,� 7� � � � Y�'�i� �� _ f�f� ♦ ��,,�-�E?.�.Q� �,� ,� Q £� � �� / � � � � t 1 � �� "` a� 1 � � � � I i ,. -- • � � : � � � `� ��. «..� � � �� [Sf.t /f �....�._ � x � _ / � � �f } �.r �••. � � � � '' f� r � ,. _ -,. r�/ /�^ 1t / � �� ' � - `� �� r /��,{ � , Q �� / ./ � � 1 � 1 ! � �.� �� i .''f , �\ 4 • � . / � � .�i ��.7�. � � X r . �.O � ti i� f � r,. ! , f ... .��„ „�, r ` � � � � , �� -�3 I� , �j� � ��f ,�� C • / �,`r� / � � �r'� ' ' ��Y�}4 �� 4.. rr� �� r► /y� \ t � � l l 1. ,/r I �• r -• � � a V ` � � E / j 1 � � � � ----- � , ` � p �.� � � -- . _ -��.� � � � 1 � � -�` �. �' � � � P Z - r�. _ �• -- . i ��- � .f f �� ..�� .�.-� � x � �� !� � / �,�-'� --r�- � � \ �� C r "' � � r��.r f� r �� •� .�'_„ � � � � '� x � � � � • � � t � r / , � teQ .�---� d �o s I � � � � � f /� i - � , � �� -- x � , 1 r / � / " //J� - ,� ��° f .� _ � ` I _ � �/ � � f � ( � �� r� �� f �R � / �� / , � / ,' � , � � � R �° � � j �� `� r � � � � 1 _�� -� ! � .� _ � ``, .+� � r ` � ! ► ) i 'c d'� d'� �'` / \. Z� a � c� � �' � r , � b i� � � /' - , I � ` ,� , , m � _ "'_ '� ' � � � + ' �---- � J .,/�� ---- �` f � � t �-' �� G .- . � �� ,� � eR 1 _ 1 ,�� `''� � M + � � � ,� Ir� a s�7so� r�tiI/ � , I � � / /; ' � r � ..0 .� � � � � � � , � � '� `� 1�! �1 R. NO IIZ• 1 � X ! !'. R R 'a N O l l �...i� ."'...�t�� x��`�'- Q` 4�� EL 17t A� R!G t S i:! Q l lZ �a�r.�.�:••ti u NO Sti�V;YOR � � 1 , � � �i,�+l► `��'.�e *�.�� ' a�i 1 , o . 1 - .� a � � �� ►�Q N � � � �4 ��,} Iip1�E � .^� � = W �d t�s� SA�.�r No N �. I/� slrC t� !��,tQ 1 +�+ ` 3CA�! 61TQ0 1"w IAQ' �ERIA� S�RVl1► � �+ � ♦/f ! � s�o �co eobMElT 4• �•r• G ��`� T. � �. R t W. 1� M �• �O ecr � +�n �w� .�. ..... • ' } Routing Order: Surveyor: JRH Development Review Engineer BDR FINAL PLAT REVIEW CHECKLIST Plat Name: Kerr Partition Case Number(s): MLP2002-00004 Address/Location: 13920 SW 87th Ct Contact name and phone: BiN McMonagle/639-3453 Date Received: 8/28/02 Date Forwarded to City Surveyor: 9/5/02 SURVEY SECTION Check if Check if Considered Okay 1. Street alignment and width, continuity []",,l/}- ❑ 2. Curve, corner, cul-de-sac radii 0 �/� � 3. Dedication, vacation, easement conveyance [� � 4. Residential Survey Certificate match the map Di � 5. Two Monument Ties to City GPS []� ❑ Comments: �, P S T,' �e s . By: e'h�'► �� `7 -- S-D Z Surveyor's Signatur Date Page 1 of 1 �:�y��aevvom��t�.p�.aa ReaiSion Cate:1/1A1 � 1 � " Routing Order: 1. Current Planning: BK 2. Building Plans Examiner DJ 3. Engineering Tech I ST 4. Development Review Engineer BDR y FINAL PLAT REVIEW CHECKLIST Plat Name: Kerr Partition Case Number(s): MLP2002-00004 Date Received: 8/28/02 . Date Forwarded to Current Planning: 9/5/02 Planner: Brad Kilby Planning Division Check if Check if Consider d Okay 1. Phase boundaries � [� 2. Lot and/or tract size and configuration Q� [�' 3. Lot numbers [� [�' 4. Access restrictions, reserve strips ❑ � 5. Condition of Approval Satisfied � ��`�`� j ��'� � �` ❑ �. _.�� -�,�;L 6. Public & Private streets (location, width, etc....,) ❑ � 7. Preliminary Plat approval date - 1 yr period OK [� [y]� 8. Special Deed Restrictions (CC&R's) ❑ ❑ 9. Open Space (Deed or Dedication) ❑ ❑ 10.SPECIAL SETBACKS ARE Other Comments: � , � � By: ,.� ., �'_ � �'� Cr� Planner's Signature Date` FORWARDED TO BUILDING DIVISION: � "%��%��= Date Page 1 of 3 �:�w�,-e�,n�„��.w�.da Revicion aete: 1nro1 I �'BUILDING DIVISION Comments By � / �z, B di Dept Signature Da e FORWARD TO ENGINEERING DEPARTMENT (Attn Engmeenng Tech/Engineenng Records) Date ENGINEERING DEPARTMENT (Engineenng Tech) Check if Okay � Street Names Acceptable � Assign Address(es) [� Address Fee � lots @ $30 00/lot = $ � � � Update City-wide maps � ❑ Comments By �-t�.�._, �'t�..�� 9/i a�ra v Engineering Tech s Signature Date FORWARDED TO DEVELOPMENT REVIEW ENGINEER °�l��I o�— Date Page 2 of 3 �enow��nrormsw.pa�aa R v�swnaet vtrol � y •Returned to Surveyor for Correction BY: S� ��A � �. DATE: `I��31aZ E-mail to County Surveyor: "OK to review" BY: g�-- S"T ; DATE: I� D Z� �ni� �, b�t� Corrections Reviewed and Approved BY: �t � ��i�:�- ._ .. , ��<�' � - _c� r• , . . . , DATE: iZ-/zCv/�Z- Forwarded for City Signatures BY: ;-r' DATE: r y��p Z Copy of Signed Plat Made and Put in File BY: <�-;" DATE: l�f2(vI��Z Released to Developer for Recording BY: S-r DATE: !�/Z�/OZ Authorize Eng. Tech I to release addresses BY: �� DATE: �Z/2 G:�UL- Copy of Signed Plat to Permit Techs BY: �� DATE: /�,�ziol02_- � Lognote: OK to take in building permit apps. BY: ��i DATE: � 2/2W�o� Page 3 of 3 �:�w�-xw«��,�ea Revisqn Cate: 1/1At After recording, return to City of Tigard— Records Division 13125 SW Hall Blvd Tigard OR 97223 RESTRICTIVE COVENANT (FUTURE STREET IMPROVEMENTS) THIS AGREEMENT is entered into this day of 20 by the City of Tigard a Municipal Corporation of Washington County Oregon ( CITY ) and ( OWNER ) RECITALS WHEREAS OWNER is the Owner of record of Prope�ty covered by this Agreement as shown in Section 1 below and WHEREAS OWNER has received approval of a development on the Property from the CITY as set forth in MLP2002-00004 dated Julv 27, 2002, and WHEREAS Chapter 18 810 of the TMC (Tigard Municipal Code) contains certain conditions applicable to street improvements and issuance of permits is conditioned on OWNER S compliance with the TMC and WHEREAS OWNER wishes to mitigate the impacts of the proposed development and WHEREAS parties wish to fulfill the requirements of Chapter 18 810 IN CONSIDERATION of the mutual promises covenants and undertakings and the issuance of a building permit in advance of OWNER constructing improvements required by the TMC the parties agree as follows Section 1 The real property sub�ect to this Agreement is described as follows Parcels 1 and 2 of Part�tion Plat No , recorded as Document No Wash�ngton County, Oregon OWNER agrees that the terms of this Agreement shall bind the OWNER as well as its heirs successors m interest or assigns Section 2 The improvements covered by this Agreement are as follows SW 87th Court Half street improvement to local residential street standards Restnctive Covenant(Future Street Improvements) Page 1 of 4 Rawsw aa� +nroi I Section 3 This Agreement shall be in full force and effect from the date of its execution until the improvements referred to in Section 2 are constructed in accordance with CITY standards in effect at the time of construction Section 4 CITY agrees that the improvements listed in Section 2 will only be required as a result of any one of the following events (1) when the improvements are part of a larger pro�ect to be financed or paid for by the formation of a Local Improvement District (2) when the improvements are part of a larger public pro�ect to be financed or paid for in whole or in part by CITY or other public agency (3) when the improvements are part of a larger pro�ect to be constructed by a third party and involves the shanng of design and/or construction expenses by the third party owner(s) of property in addition to the property descnbed in Section 1 or (4) when construction of the improvements are deemed to be appropnate by the City Engineer in con�unction with construction of improvements by others ad�acent to the improvements descnbed in Section 2 In addition to this Agreement OWNER S obligation to share design and/or construction expenses may arise by application of the Reimbursement Distnct Ordinance Chapter 13 09 TMC or any similar ordinance or law providing a process whereby such expenses are distnbuted among benefited properties Section 5 OWNER agrees to sign any and all waivers petitions consents and all other documents necessary to obtain the above listed applicable improvements under any improvement act or proceeding of the State of Oregon Washington County or the CITY as may be proposed or adopted and to waive ali nght to remonstrate against the improvements listed in Section 2 above submitted either alone or in con�unction with other improvements descnbed in Section 4 as may be proposed OWNER agrees that in lieu of any other document CITY may treat this Agreement as a waiver of remonstrance on behalf of the property described in Section 1 against formation of such a Local Improvement District OWNER covenants and agrees that the improvements descnbed in Section 2 will specially benefit OWNER S property as descnbed in Section 1 Section 6 If CITY decides to form a Local Improvement District as a mechanism for the installation of improvements listed in Section 2 then OWNER shall retain the right to protest only the amount or the manner of spreading the assessment but not the formation of such distnct Section 7 CITY acknowledges that OWNER S execution and performance of the terms of this Agreement constitutes compliance with the requirements of TMC Chapter 18 810 Section 8 OWNER agrees that if CITY causes the improvements listed in Section 2 to be constructed or part of such improvements without regard to the source of funds for such pro�ect but not as part of a Local improvement District then CITY will charge to OWNER and OWNER will promptly pay OWNER S share of the cost of such improvements OWNER S share will be determined by CITY in a manner similar to spreading the cost of a public improvement to specially benefited properties The parties intend OWNER to share in the cost of improvements even though actual construction is undertaken and performed Restnctive Covenant(Future Street Improvements) Page 2 of 4 R vi5ro d 1 1/1/01 I by some third party so long as the improvements listed in Section 2 are included within the pro�ect (1) Except as otherwise provided in subsection (2) of this section prior to construction of such improvements under this section OWNER shall be provided not less than six (6) months written notice by first class mail that the proJect will be built The notice shall advise OWNER that OWNER will share in the cost of such improvements and provide OWNER with an estimate of the total pro�ect cost as well as an estimate of OWNER S share of the costs Failure to provide this six month notice in advance of construction shall not nullify OWNER S obligation to pay but shall only extend the payment due date by the amount of time less than six months that notice was g�ven but not more than six months Upon completion of improvements pursuant to this Section CITY shall provide written notice to OWNER of OWNER S share of the actual cost of the improvements and OWNER shall pay OWNER S share within sixty (60) days If OWNER s share of the cost of the improvements is $10 000 or more the owner may elect to pay the City in 10 equal annual installments with the first installment due within 60 days of the notice The installment option shall be available only if the OWNER provides written notice and the first payment within 60 days of the notice If the instaliment option is chosen the unpaid amounts shall bear interest at the then legal rate of interest Interest on overdue payments shall bear interest at the rate of one and one half(1 '/z%) per month from the date the payment is due until paid (2) Where the improvements listed in Section 2 are constructed by a third party who seeks reimbursement in accordance with the Reimbursement Distnct Ordinance Chapter 13 09 TMC or a similar ordinance then the terms and procedures of the ordinances shall apply in lieu of the provisions in subsection (1) of this section Section 9 At any time prior to the events listed in Section 4 OWNER or OWNER s successors may pay to the CITY an amount determined by the CITY to be OWNER s share of the anticipated cost of the future improvements Payment under this section shall discharge all of OWNER s obligations under this Agreement City shall use the funds received under this section solely to pay for the costs of the improvements Section 10 CITY and OWNER mtend that all terms of this Agreement shall be covenants conditions and restnctions running with the title to the property covered by this Agreement and shall be binding upon parties to this Agreement their heirs executors assigns administrators and successors and shall be construed to be a benefit and a burden upon the property described in Section 1 The parties agree the CITY may for purposes of recovering the cost of improvements descnbed in Section 2 levy an assessment against the property descnbed in Section 1 and may enforce payment of such assessment in the manner provided in ORS Chapter 223 or the general laws of the State of Oregon Section 11 Promptly after its execution by the parties this Agreement shall be recorded in the records of Washington County to provide public notice and especially notice to future owners of property descnbed in Section 1 of the conditions covenants and restrictions against the title to the property imposed by this Agreement I Section 12 CITY may enforce the terms of this Agreement in any court of competent �urisdiction In addition to any other legal remedies OWNER S failure or refusal to comply with this Restnctive Covenant(Future Street Improvements) Page 3 of 4 R vtsq d t 1/1/01 I Agreement shall constitute a violation of the TMC and the rights remedies and penalties provided in the TMC may also be enforced Section 13 If suit or action is instituted to enforce a nght guaranteed in this agreement the prevailing party shall be entitled to in addition to the statutory costs and disbursements a reasonable attorney s fee to be fixed by the trial and appellate courts respectively Section 14 The parties agree that if any term of provision of this agreement is declared by a court to be illegal or in conflict with any law the validity of the remaining terms and provisions shall not be affected so long as this agreement continues to reflect the intent of the parttes The parties shall negotiate an equitable ad�ustment of this agreement so that the purposes of this agreement are effected OWNER(S) �. ��./v �z ��--- Si ature Signature 7 � ,.,,��s ��c /7 q r (� �\ e Y r ��s'�( /� ��/�"� Name (Pnnt or Type) Name (Prmt or Type) Tr� 5 7�c. � TG��sT� E Title (Prmt or Type) Title (Prmt or Type) Acknowledgment of OWNER S signature(s) must be notarized Where the OWNER is a corporation it has caused its name to be signed by resolution or official approval of its board of directors STATE OF OREGON ) County of �'1 On this �� day J 20�2=- before me a Notary Public personally appeared and acknowledged that the foregoing instrument to be their voluntary act and deed Before m 0 OFFICIAL SEAL Nota Public for Oregon ROXANNE ARTH NOTARY PUBLIC-�REGON COMMISSION NO 358267 My commission expires � U ZtJ�(P MY COMMISSION EXPIRES MAY 30 2006 i�/� � Accepted on behalf of the City of Tigard this � day of �C�IRr� 20 '� � �S City E gineer NO CHANGE IN TAX STATEMENT Restnctive Covenant(Future Street Improvements) Page 4 of 4 R v�s a� vvoi Washlnpton Counry,Oreyon 2003-003636 01/08/ 09:18:11 AM ' D�Rf6 Cnt■1 8tn•6 J OREGORY � •� 520.00 Si�.00•Total■531.00 .' ; =' After recording, return to: ; � City of Tigard - Records Division � 13125 SW Hall Blvd. ooz3iaaozoos000ssssooaooas Tigard, OR 97223 I,J�rry H�mon,DlnctorolAt��um�nt and T�x�tlon and Er-Ofllclo County Clak lor W��hlnpton Counly, �� ]� � Or�pon,do h�nby uRlfy that th�wlthln Instrum�M of!,°; � -� �,'� tJ `CS_ , wrltlnp wu neNwd and ncord�d In th�book o/ �" r- � '','�;�, T , �'�:� ��r�:, J ncord�M�dd courky. �I �,pr t�, . ' ::• �'�"�A rr•�•. J�rty R.H�nwn,Dlr�ctor t��nmmt�nd Taxadon, °�+Y�� ,��,,�� J'; E:�fflelo CouMy Cl�rk RESTRICTIVE COVENANT (FUTURE STREET IMPROVEMENTS) THIS AGREEMENT is entered into this day of , 20 , by the City of Tigard, a Municipal Corporation of Washington County, Oregon, ("CITY"), and , (°OWNEFt"). RECITALS WHEREAS OWNER is the Owner of record of Property covered by this Agreement as shown in Section 1 below, and WHEREAS OWNER has received approval of a development on the Property from the CITY, as set forth in MLP2002-00004 dated July 27, 2002, and WHEREAS Chapter 18.810 of the TMC (Tigard Municipal Code) contains certain conditions applicable to street improvements, and issuance of permits is conditioned on OWNER'S compliance with the TMC, and WHEREAS OWNER wishes to mitigate the impacts of the proposed development, and WHEREAS parties wish to fulfill the requirements of Chapter 18.810. IN CONSIDERATION of the mutual promises, covenants and undertakings, and the issuance of a building permit in advance of OWNER constructing improvements required by the TMC, the parties agree as follows: Section 1: The real property subject to this Agreement is described as follows: Parcels 1 and 2 of Partition Plat No. 2 0 0 3-n�4 , recorded as Document No. 2 n o 3 n n�h�_ , Washingfon Counfy, Oregon. OWNER agrees that the terms of this Agreement shall bind the OWNER as well as its heirs, successors in interest or assigns. Section 2: The improvements covered by this Agreement are as follows: SW 87th Court Half street improvement to local residential street standards. Restrictive Covenant(Future Street Improvements) Page 1 of 4 RsN�qn Wle: 1/7N1 2003-3636 Section 3 This Agreement shall be in full force and effect from the date of its execution until the improvements referred to in Section 2 are constructed in accordance with CITY standards in effect at the time of construction Section 4 CITY agrees that the improvements listed in Section 2 will only be required as a result of any one of the following events (1) when the improvements are part of a larger pro�ect to be financed or paid for by the formation of a Local Improvement Distnct (2) when the improvements are part of a larger public pro�ect to be financed or paid for in whole or in part by CITY or other public agency (3) when the improvements are part of a larger pro�ect to be constructed by a third party and involves the sharing of design and/or construction expenses by the third party owner(s) of property in addition to the property described in Section 1 or (4) when construction of the improvements are deemed to be appropnate by the City Engineer in con�unction with construction of improvements by others ad�acent to the improvements described in Section 2 In addition to this Agreement OWNER S obligation to share design and/or construction expenses may anse by application of the Reimbursement District Ordinance Chapter 13 09 TMC or any similar ordinance or law providing a process whereby such expenses are distributed among benefited properties Section 5 OWNER agrees to sign any and all waivers petitions consents and all other documents necessary to obtain the above listed applicable improvements under any improvement act or proceeding of the State of Oregon Washington County or the CITY as may be proposed or adopted and to waive all right to remonstrate against the improvements listed in Section 2 above submitted either alone or in con�unction with other improvements described in Section 4 as may be proposed OWNER agrees that m lieu of any other document CITY may treat this Agreement as a waiver of remonstrance on behalf of the property described in Section 1 against formation of such a Local Improvement District OWNER covenants and agrees that the improvements described in Section 2 will specially benefit OWNER S property as descnbed in Section 1 Section 6 If CITY decides to form a Local Improvement District as a mechanism for the installation of improvements listed in Section 2 then OWNER shall retain the right to protest only the amount or the manner of spreading the assessment but not the formation of such district Section 7 CITY acknowledges that OWNER S execution and performance of the terms of this Agreement constitutes compliance with the requirements of TMC Chapter 18 810 Section 8 OWNER agrees that if CITY causes the improvements listed in Section 2 to be constructed or part of such improvements without regard to the source of funds for such pro�ect but not as part of a Local Improvement Distnct then CITY will charge to OWNER and OWNER will promptly pay OWNER S share of the cost of such improvements OWNER S share will be determined by CITY in a manner similar to spreading the cost of a public improvement to specially benefited properties The parties intend OWNER to share in the cost of improvements even though actual construction is undertaken and performed Restnctive Covenant(Future Street Improvements) Page 2 of 4 a�ro a� vvo� iiiiiii�� 2003-3636 by some third party so long as the improvements listed in Section 2 are included within the pro�ect (1) Except as otherwise provided in subsection (2) of this section pnor to construction of such improvements under this section OWNER shall be provided not less than six (6) months wntten notice by first class mail that the proJect will be built The notice shall advise OWNER that OWNER will share in the cost of such improvements and provide OWNER with an estimate of the total pro�ect cost as well as an estimate of OWNER S share of the costs Failure to provide this six month notice in advance of construction shall not nullify OWNER S obligation to pay but shall only extend the payment due date by the amount of time less than six months that notice was given but not more than six months Upon completion of improvements pursuant to this Section CITY shall provide written notice to OWNER of OWNER S share of the actual cost of the improvements and OWNER shall pay OWNER S share within sixty (60) days If OWNER s share of the cost of the improvements is $10 000 or more the owner may elect to pay the City in 10 equal annual installments with the first installment due within 60 days of the notice The installment option shall be available only if the OWNER provides written notice and the first payment within 60 days of the notice If the installment option is chosen the unpaid amounts shall bear interest at the then legal rate of interest Interest on overdue payments shall bear interest at the rate of one and one half(1 'h%) per month from the date the payment is due until paid (2) Where the improvements listed in Section 2 are constructed by a third party who seeks reimbursement in accordance with the Reimbursement District Ordinance Chapter 13 09 TMC or a similar ordinance then the terms and procedures of the ordinances shall apply in lieu of the provisions in subsection (1) of this section Section 9 At any time prior to the events listed in Section 4 OWNER or OWNER s successors may pay to the CITY an amount determined by the CITY to be OWNER s share of the anticipated cost of the future improvements Payment under this section shall discharge all of OWNER s obligations under this Agreement City shall use the funds received under this section solely to pay for the costs of the improvements Section 10 CITY and OWNER intend that all terms of this Agreement shall be covenants conditions and restrictions running with the title to the property covered by this Agreement and shall be binding upon parties to this Agreement their heirs executors assigns admin strato�s and successors and shall be construed to be a benefit and a burden upon the property described in Section 1 The parties agree the CITY may for purposes of recovenng the cost of improvements descnbed in Section 2 levy an assessment against the property descnbed in Section 1 and may enforce payment of such assessment in the manner provided in ORS Chapter 223 or the general laws of the State of Oregon Section 11 Promptly after its execution by the parties this Agreement shall be recorded in the records of Washington County to provide public notice and especially notice to future owners of property descnbed in Section 1 of the conditions covenants and restrictions against the title to the property imposed by this Agreement Section 12 CITY may enforce the terms of this Agreement in any court of competent �urisdiction In addition to any other legal remedies OWNER S failure or refusal to comply with this Restrictwe Covenant(Future Street Improvements) Page 3 of 4 R v�sa tl l 1/1/01 iiiiiiiii iii��i�� 2003-3636 Agreement shall constitute a violation of the TMC and the rights remedies and penalties provided in the TMC may also be enforced Section 13 If suit or action is instituted to enforce a right guaranteed in this agreement the prevailing party shall be entitled to in addition to the statutory costs and disbursements a reasonable attorney s fee to be fixed by the trial and appellate courts respectively Section 14 The parties agree that if any term of proviston of this agreement is declared by a court to be illegal or in conflict with any law the validrty of the remaimng terms and provisions shall not be affected so long as this agreement continues to reflect the intent of the parties The parties shall negotiate an equitable ad�ustment of this agreement so that the purposes of this agreement are effected OWNER(S) �. l�/r,�,• /'�� ` �`�--- Si ature Signature �i. ,.,,��S 'l 1 G ,/°t � (1 � \ E' YY ��l v' �( IJ/ �� Name (Pr�nt or Type) Name (Pnnt or Type) Tr� s tc � TG��/sTf � Title (Pr�nt or Type) Title (Pnnt or Type) Acknowledgment of OWNER S signature(s) must be notarized Where the OWNER is a corporation it has caused its name to be signed by resolution or official approval of its board of directors STATE OF OREGON ) County of � On this �_ day J 20� Z before me a Notary Public personally appeared and acknowledged that the foregoing instrument to be their voluntary act and deed Before m 0 OFFICIAL SEAL Nota Public for Oregon ROXANNE ARTH NOTARY PUBLIC-OREGON COMMISSION NO 358267 My commission expires U ZC1�� MY COMMISSION EXPIRES MAY 30 2006 Accepted on behalf of the City of Tigard this 7i�o� day of�� 20�'� � I�J�S City E gineer NO CHANGE IN TAX STATEMENT Restrictive Covenant(Future Street Improvements) Page 4 of 4 R vi5 O t 1/1/01