MLP2003-00007 NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2003-00007
CITY OF TIGARD
HELLER PARTITION Commumty2�ever�t
ShapirrgA BetterCommunity
120 DAYS =8/28/2003
SECTION I. APPLICATION SUMMARY
FILE NAME: HELLER PARTITION
CASE NO: Minor Land Partition (MLP) MLP2003-00007
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
19,602 square foot lot into finro (2) parcels for detached single-family residences.
An existing single-family dwelling exists on the subject parcel and is proposed to
remain on Parcel #1 in compliance with all setback requirements.
APPLICANT: Arlene Heller OWNER: Same
14340 SW 114�'Avenue
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 residential
units at a minimum lot size of 7,500 square feet. Duplexes and attached
single-family units are permitted conditionally. Some civic and institutional uses are
also permitted conditionally.
LOCATION: 14340 SW 114�' Avenue; WCTM 2S110AB, Tax Lot 2000.
PROPOSED PARCEL 1: 7,927 Square Feet.
PROPOSED PARCEL 2: 11,372 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations}; 18.745 (Landscaping and
Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree
Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility
Improvement Standards).
SECTION I1. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions. The findings and conclusions on which the
decision is based are noted in Section V.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 1 OF 15
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
u mit to t e ngineering epartment im c � an, , ext. or rev�ew an
approval:
1. The applicant shall either amend their existing PFI permit with the City to include the work
necessary for the private storm drain connection to the ditch in the ROW, as well as the new
driveway for Parcel 1, or apply for a new PFI permit. If a new PFI permit is required, six (6) sets
of detailed public improvement plans shall be submitted for review to the Engineering
Department. NOTE: these plans are in addition to any drawings required by the Building Division
and should only include sheets relevant to public improvements. Public Facility Improvement
(PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which
are available at City Hall and the City's web page (www.ci.tigard.or.us).
2. The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who will e�designated as the "Permittee", and who will
provide the financial assurance for the public improvements. For example, specify if the entity is
a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is
incorporated and provide the name of the corporate contact person. Failure to provide accurate
information to the Engineering Department will delay processing of project documents.
3. Prior to approval. of the final plat, the.applicant's professional engineer shall provide a sight
distance certification for the proposed driveway at Parcel 1.
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).
5. The final plat shall show that ROW will be dedicated along SW 114�' to provide 27 feet from
centerline.
6. The applicant shall execute a Restrictive �ovenant whereby they agree to complete or particip ate
in the future improvements of SW 114 adjacent to the subject property, when any of the
following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in whole or in
part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed by a third party and
involves the shanng of design and/or construction expenses by the third party owner(s) of
property in addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by the City Engineer
in conjunction with construction of improvements by others ad�acent to the subject site.
7. The applicant shall either place the existing overhead utility lines along SW 114�' Avenue
underground as a part of this project, or they shall pay the fee in-lieu of undergrounding The fee
shall be calculated by the fronta�e of the site that is parallel to the utility lines and will be $27.50
per lineal foot. If the fee option is chosen, the amount will be $3,575.00 and it shall be paid prior
to approval of the final plat.
8. The applicant's final plat shall contain State Plane Coordinates on finro monuments with a tie to
the City's global positioning system (GPS) geodetic control nefinrork (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates
can be established by:
. GPS tie networked to the City's GPS survey.
. By random traverse using conventional surveying methods.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 2 OF 15
9. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/En�ineering Permit Technicians, at {503)639-4171).
C. The final pla and data or narrative shall be drawn to the mmimum standards set forth by
the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
D. The rigfit-of-way dedications for Bull Mountain Road and Chardonnay Avenue shall be
made on the final plat.
E. NOTE: Washington County will not begin their review of the final plat until they receive
notice from the Engineering Department indicating that the City has reviewed the final plat
and submitted comments to the applicant's surveyor.
F. After the City and County have reviewed the final plat, submit two mylar copies of the final
plat for City Engineer si�nature (for partitions), or City Engmeer and Community
Development Director signa ures (for subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
u mit to t e anning epartment organ racy, , ext. or review an approva :
10. The applicant/owner sh�ll remove the existing shrubs and any other visual obstacles as
necessary along SW 114 to preserve the vision clearance areas.
11. Submit a tree protection plan with the building permit application for Parcel #1, prepared by a
certified arborist for the protection of the trees fo remain on Parcel #1. The applicanUowner shall
install the required tree protection measures prior to building permit issuance.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
12. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
13. Prior to issuance of building permits on Parcel 1, the applicant shall complete any work in the
public right-of-way (or public easement) and obtain approval from the Engineering Department.
14. Prior to issuance of the building permit for Parcel 1, 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
Propertx Histo2r�.
The sub1 ect lot is located within the C'�ty of Tigard. The property is designated Low-Densi�Residential
on the Tigard Comprehensive Plan (Vlap. The subject lot was divided from Lot 7 of ole's Acres
subdivision. No other land use approvals were found to be on file.
Site Information and Pro osal Descri tions
e su �ect property is approximatey ,602 square feet and slopes gently down towards the north.
The site has approximately 130 feef of frontage on SW 114�' Avenue. The owner is proposing to
partition one additional lot from the northern portion of the subject site as indicated on the proposed
partition plat. Parcel #2 (11,372 square feet) includes an existing dwelling that is proposed to remain, m
compliance with resent setback requirements. Parcel #1 is 7,927 square feet. The ad�acent properties
and are charac�erized by single-family homes. Southwest Pacific Highway lies 600 feet to the
southeast.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 3 OF 15
SECTION IV. PUBLIC COMMENTS
The City mailed notice to property owners within 500 feet of the subject site providing them an
opportunity to comment. No written 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 complies or can be made to comply with all statutory and ordinance requirements
and regulations as demonstrated by the analysis contained within this administrative decision and
through the imposition of conditions of development approval. All necessary conditions must be satisfied
as part of the development and building process. Therefore, this criterion is met.
There are adequate public facilities available to serve the proposal;
Public facilities are discussed in detail later in this decision under Cha pter 18.810 (Street & Utility
Improvement Standards). Based on the analysis provided herein, Staff finds that adequate public
facilities are available to serve the proposal. Therefore, this criterion is met.
All proposed improvements meet City and applicable agency standards; and
The public facilities and proposed improvements are discussed and conditioned later in this decision
under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part
of the permit process and during construction, at which time the appropriate review authority will ensure
that City and.applicable agency standards are met. Based on the analysis in this decision, Staff finds
that this criterion is met.
All proposed lots conform to the specific requirements below:
The minimum width of the building envelope area shall meet the lot requirement of the applicable
zoning district.
The minimum lot width required for the R-4.5 zoning district is 50 feet. Parcel #1 is 52 feet in width,
Parcel #2 is 77 feet wide. Therefore, this standard has been met.
The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the
accessway may not be included in the lot area.
The minimum lot area requirement in the R-4.5 zoning district is 7,500 square feet for detached
single-family units. The proposed partition creates finro (2) lots that are 11,372 and 7,927 square feet
respectively. This cnterion has been satisfied.
Each lot created through the partition�rocess shall front a public right-of-way by at least 15 feet
or have a legally recorded minimum 1 foot wide access easement.
The proposed partition plat illustrates that both lots greatly exceed the 15-foot street frontage
requirement. This criterion is met.
Setbacks shall be as required by the applicable zoning district.
Setbacks for the R-4.5 zoning district are as follows: front, 20 feet; side, 5 feet; street side, 10 feet, and
rear, 15 feet. The existing house on Parcel #2 is proposed to remain. This structure is situated 31 feet
from the front property line, 5 feet from the south side property line, 5 feet from the north side property
line, and 69 feet to the proposed rear property line. Setbacks for the future home will be reviewed at the
time of building permit submittal. Therefore, this standard is satisfied.
NOTICE OF DECISION MLP2003-0OOO7MElLER PARTITION PAGE 4 OF 15
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.
None of the proposed parcels will be a flag lot; therefore this standard is not applicable.
A screen shall be provided along the property line of a lot of record where the paved drive in an
accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040.
Screening may also be required to maintain pr�vacy for abutting lots and to provide usab e
outdoor recreation areas for proposed development.
No shared accessway is proposed as part of this partition, therefore no additional screening will be
required.
The fire district may require the installation of a fire hydrant where the length of an accessway
would have a detrimental effect on fire-fighting capabilities.
The fire district (NFR) has reviewed the proposal and has not required an additional fire hydrant; there
is already a hydrant directly in front of Parcel #1.
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.
There are no existing or proposed shared driveways; therefore this standard is not applicable.
Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and
Circulation.
This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision.
Where landfill and/or development is allowed within or adjacent to the one-hundred year
floodplain, the city shall require consideration of the dedication of sufficient open land area for
greenway adjoining and within the floodplain.. This area shall include portions at a suitable
elevat�on for the construction of a pedestrian/bicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan.
The partitioned lots are not within nor adjacent to a one-hundred-year floodplain. Therefore, this
standard does not apply.
An apPlication for a variance to the standards prescribed in this chapter shall be made in
accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition
and variance(s)/adjustment(s)will be processed concurrently.
No variances or adjustments have been submitted with this application. Therefore, this standard does
not apply.
Residential Zoning Districts (18.510):
Development standards in residential zoning districts are contained in Table 18.510.2 below:
(See the following page for Table 18.510.2)
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 5 OF 15
TABLE 18.510.2 - DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-4.5 Parcel1 Parcel2
Minimum Lot Size
- Detached unit 5,000 sq.ft. 7,927 sq.ft. 11,372 sq.ft.
- Duplexes 10,000 sq.ft.
-Attached unit 5,000 s .ft.
Average Minimum Lot Width
-Detached unit lots 50 ft. 52 ft. 77 ft.
-Duplex lots 50 ft.
-Attached unit lots 40 ft.
Maximum Lot Covera e 80% -25% Can be met
Minimum Setbacks
- Front yard 20 ft. 31 ft. Can be met
-Side facing street on corner&through lots 15 ft. N/A N/A
-Side yard 5 ft. 5 ft./5 ft. Can be met
- Rear yard 15 ft. 69 ft. Can be met
-Side or rear yard abutting more restrictive zoning district -- N/A N/A
-Distance between property line and front of garage 20 ft. 31 Can be met
-Side Yard Setbacks for Fla Lots DC 18.420.050 A 4 e 10 ft. N/A N/A
Maximum Hei ht 35 ft. 14 ft. Can be met
Minimum Landsca e Re uirement 20°/a -75% Can be met
As demonstrated in the above table, the development standards of the R-4.5 zone have been met.
Future development will be reviewed through the building permit process to ensure compliance with
the R-4.5 development standards. Setback standards, required by Table 18.510.2 will apply to all
future development of the proposed lots.
Access, Egress and Circulation (18.705):
Continuin� obli�ation of property owner. The provisions and maintenance of access and egress
stipulated in this title are continuing requirements for the use of any structure or parcel of real
property in the City.
The standards of this chapter will be a continuing obligation on the owners of these parcels.
Section 18.705.030.H.1 states that an access report shall be submitted with all new development
proposals which verifies design of driveways and streets are safe by meetiny adequate stacking
needs, sight distance and deceleration standards as set by ODOT, Washingfon County, the City
and AASHTO.
An access re port has not been submitted, but Staff has visited the site and believes the sight distance
along SW 114th Avenue is adequate. The applicant will be required to provide a sight distance
certification for each proposed driveway location pnor to approval of the final plat.
Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence
area of collector or arterial street intersections. Influence area of intersections is that area where
queues of traffic commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet, measured from the right-
of-way line of the intersectin� street to the throat of the proposed driveway. The setback may be
�reater depending upon the influence area, as determined from City Eng�neer review of a traffic
impact report submitted by the applicant's traffic engineer. In a case where a project has less
than 150 feet of street frontage, the applicant must explore any option for shared access with the
adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far
from the intersection as possible.
The site is more than 800 feet from SW Gaarde and 625 feet from SW Bull Mountain Road. This
standard is met.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 6 OF 15
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a
collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall
be 600 feet. The minimum spacing of local streefs along a local street shall be 125 feet.
SW 114�' Avenue is a local street, and no new streets are being created. This standard is therefore met.
Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize
jointly the same access and egress when the combined access and egress of both uses,
structures, or parcels of land satisfies the combined requirements as designated in this title,
provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases
or contracts to establish the joint use• and copies of the deeds, easements, leases or contracts
are placed on permanent file with the �ity.
No joint access is required. This standard is not applicable.
Public street access. All vehicular access and egress as required in Sections 18.705.030H and
18.705.0301 shall connect directly with a public or private street approved.by the City for public
use and shall be maintained at the required standards on a continuous basis.
All proposed parcels will have access to SW 114�'Avenue, a public street. This standard is met.
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.
Each parcel will have a standard driveway, and none are expected to exceed 150 feet in length or be
steeper than 20% grade. Therefore, there are no specific additional requirements that need to be
applied to the private drives.
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 outs�de 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%.
As described above, none of the driveways will exceed 150 feet in length. Therefore these standards
are not necessary.
To provide for increased traffic movement on congested streets and to eliminate turning
movement problems, the Director may restrict the location of driveways on streets and require
the tocation of driveways be placed on adjacent streets upon the finding that the proposed
access would cause or increase existing hazardous traf�ic conditions; or provide inadequate
access for emergency vehicles; or cause hazardous conditions to exist which would
constitute a clear and present danger to the public health, safety, and general welfare.
There are no specific reasons to restrict access or require joint access for this segment of SW 114�'
Avenue.
FINDING: The standards of the access management chapter have been satisfied with the exception
that the applicant has not fumished a sight distance certification for the new access
location.
CONDITION: The applicant shall provide a sight distance certification from a licensed engineer for the
proposed new access driveway.
Density Computations (18.715):
A. Definition of net development area. Net development area, in acres, shall be determined
by subtracting the following land area(s} from the gross acres, which is all of the land
included in the legal description of the property to be developed:
NOTICE OF DECI510N MLP2003-00007/HEILER PARTITION PAGE 7 OF 15
1. All sensitive land areas
2. All land dedicated to the public for park purposes;
3. All land dedicated for pu6lic ri hts-of-way.
4. All land proposed for private s�reets; and
5. A lot of at least the size required by the applicable base zoning district, if an existing
dwelling is to remain on the site.
B. Calculating maximum number of residential units. To calculate the maximum number of
residential units per net acre, divide the number of square feet in the net acres by the
minimum number of square feet required for each lot in the applicable zoning district.
C. Calculating minimum number of residential units. As required by Section 18.510.040, the
minimum number of residential units per net acre shall be calculated b multiplying the
maximum number of units determined in Subsection B above by 80% (0.8�
The standards for Density computation address the intensity of residential land uses, typically
expressed as the number of housing units per acre. The total square foota e of the subject property
is 19,602 square feet. There are no sensitive land areas or private s�reets within the subject
proposal. However, to determine the net developable area, the square footage to accommodate the
existing house on Parcel #2 7,500 �quare feet) is subtracted from the calcuration. Additionally, the
area being dedicated along S 114 Avenue (260 square feet) is also subtracted. This results in a
net developable area of 11,842 square feet. As the minimum lot size for the R-4.5 zone is 7,500
square feet, the maximum number of additional residential units (single-family or duplex) is one, plus
the existing house. The minimum num er o additional lots required is zero. The proposed partition
creates 2 separate lots in conformance with the density requirements.
FINDING: Based on the analysis above, the Density Computation Standards have been met.
Landscaping and Screening (18.745�
Street trees: Section 18.745.040
Section 18.745.040.A.: All development projects fronting on a public street, private street or a
private driveway more than 100 feet in fength approved after the adoption of this title shall be
required to plant street trees in accordance with the standards in Section 18.745.040C.
This proposed pro1'ect has frontage on SW 114�' Avenue. The driveways serving the proposed lots will
not exceed the 100-foot len�th. However, street trees are required along the public streets and shall be
planted in acc�rdance with he standards for size and spacing in this title, under Section 18.745.040.C.
Since SW 114 Avenue is not improved with curbs and sidewalks along the frontage, and will undergo a
street improvement in the future, and since the street improvement has not yet been designed, planting
of street trees will be deferred until the street improvements occur.
FINDING: The requirement for planting street trees is not met.
CONDITION: The _applicant shall record a restrictive covenant with each lot that will include a
requirement for planting street trees as part of any future street improvement.
Tree Removal�18.790):
A tree plan or 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 wherever possible.
The applicant has indicated that there are 4 trees greater than 12-inch diameter on the properly. The
applicant has proposed removing one, 14-inch diameter Sweetgum. Since this represents a 75%
retention of trees, no mitigation is required. The City Forester, however, notes that a rotection plan for
the trees to remain will be required. Therefore, the applicant will be required to submi�a protection plan
developed by a certified arborist for the trees to remain. In addition, no building permits for the proposed
Parcel #1 will be issued until the City Arborist can verify that protection measures have been mstalled
according to the required tree protection plan.
NOTICE OF DECISION MLP2003-00007MELLER PARTITION PAGE 8 OF 15
FINDING: Based on the analysis above, the Tree Removal Standards have not been met. In order
to meet the standard the applicant shall satisfy the following condition:
CONDITION: Submit a tree protection plan with the building permit application for Parcel #1, prepared
by a certified arborist for the protection of the trees to remain on Parcel #1. The
applicant/owner shall install the required tree protection measures prior to building permit
issuance.
Visual Clearance Areas (18.795):
is L ap er requires�h�a ear vision area shall be maintained on the corners of all property
adjacent to intersecting right-of-ways or the intersection of a public street and a private
driveway. A clear vision area shall contain no vehicle hedge� plantin , fence, wall structure or
temporary or permanent obstruction exceeding three �3) feet in heigh� The code provides t'�at
obstructions that may be located in this area s-hall be visually clear between three (3) and ei ht
(8) feet in height. Trees may be placed within this area provided that all branches be�low eight�8}
feet are removed. A visuaf clearance area is the trian�ular area formed b measuring from t e
corner, 30-feet along the right of way and along the driveway and connec�ing these fwo points
with a straight line.
The applicant's site plan shows the vision clearance triangles for the proposed lots. There are several
shrubs along the southern property line that will need to be removed in order to comply with the vision
clearance requirement. This will need to occur prior to final plat approval.
FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards are not
presently met.
CONDITION: The applicanUowner shall remove the shn.ibs and any other visual obstacles as necessary
that intrude into the vision clearance area as shown on the plans.
Impact Studv (18.390)
ec ion . . states, "The Director shall make a finding with respect to each of the
following criteria when approving, approving with conditions or denying an application:"
Section 18.390.040 states that the applicant shall provide an impact study to quantify the
effect of development on public facilities and services. For each public facility system and
type of im act, the study shall propose improvements necessary to meet City standard, and to
minimize �he impact of the development on the public at large, public facil�ties systems, and
affected private property users.
In situations where the Community Development Code requires the dedication of real property
interests, the applicant shall either specifically concur with a requirement for public right-of-way
dedication, or provide,evidence that supports that the real prope� dedication is not roughly
proportional to the pro�ected impacts of the development. Section 1 390.040 states that when a
condition of approval requires the transfer to the public of an interest in real roperty, the
approval authority shall adopt findings which support the conclusion that the in�erest in real
property to be transferred is roughly proportional to the impact the proposed development will
have on the public.
The ap icant has submitted an impact study. The applicant will not be required to physically improv,e
SW 11� Avenue since the area has such a limited amount of frontage,.and the majority of the street is
unimproved. However the applicant will be rec�uired to submit a waiver of remonstran�e for future
participation in a Loca� Improvement District (LID) for street improvements on SW 114 Avenue to
mitig ate for the addition of 10 vehicle trips from the site. The appficant will be extending sanitary sewer
and-storm drainage connections to the �two parcels to account for the additional impervious area being
added to the site and to mitigate for the loss of the present septic drainfield. Sewer is already available
and has sufficient capacity to serve the develo ment. Other impacts to public facilities are offset by the
collection of Systems Development Charg es (�DC's� collected at the time of building permit,issuance.
Therefore, this standard can be satisfied t�irough mee ing the conditions of approval in-this decision.
The Washington County Traffic Impact Fee. (TIF) is a mitigation measure that is required at the time of
developmenf. Based on a transportation impact study repared by Mr. David Larson for the A-Boy
Expansion/Dolan II/Resolution 95-61, TIF s are expected �o recapture 32 percent of the traffic impact of
new development on the Collector and Arterial Street system. The applicant will be required to pay TIF s
of approximately $2,260 per new dwelling unit.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 9�F 15
Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements
citywide, a fee that would cover 100 percent of this projects traffic impact is $7,062 ($2,260 divided by
.32). The difference between the TIF paid, and the full impact, is considered the unmitigated im act on
the street system. The unmitigated impact of this project on the transportation system is $4,80�(�7,062-
$2,260); The applicant will be required to dedicate additional right-of-way along SW 114 Avenue
(approximately 260 square feet) for future road improvements. The app roximate value of unimproved
residentially zoned property is $3.00 per square foot, for a total value of$780.00. Since the unmitigated
impact remaining is $4,022 ($4,802-$780)the required exaction is proportionate.
PUBLIC FACILITY CONCERNS
Street And Utility Improvements Standards (Section 18.810�:
�hapter 18.810 provides construction standar s or the �mplementation of public and private
facitities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be
improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion
of an existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a collector street to
have a 35-foot right-of-way width and 23-foot paved section. Other improvements rec�uired may
include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
This site lies adjacent to SW 114�' Avenue, which is classified as a local residential street on the City of
Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerline,
according to the most recent tax assessor's map. The applicant's plan shows they will dedicate
additional ROW to provide 27 feet from the centerline.
Southwest 114th Avenue is paved but not fully improved to City standards. TMC 18.810.030(A)(1) states
that streets within a development and streets adJacent shall be improved in accordance with City
standards. However, 18.810.030(A)(5) states that the Cit may accept a future improvement guarantee
in lieu of street improvements if the improvement associa�ed with the project does not, by itself, provide
a significant improvement to the street safety or capacity. Although this development will incrementally
increase the amount of traffic on the roadway, the increase will not substantially degrade the level of
service on the street. A street improvement ad�acent to this site, therefore, will not significantly,improve
the safety or capacity of the street. In addition, 18.810.030(A)(5)(e) states that a guarantee in lieu of
street improvements is acceptable if the proposal is a land partition on property zoned residential and
the partition.does not create any new streets. This partition will not create a new street. Based on these
code provisions, Staff therefore recommends that the,applicant be required to enter into an agreement
with the City whereby the owner agrees to participate m any future widening project for the street carried
out by the Gity, a third party, or through a local improvement district. This agreement must be executed
prior to approval of the finaf plat.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be
desi�ned with due re ard to providing adequate building sites for the use contem lated,
consideration of needs�or convenient access, circulation, control and safety of street tra�c and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall
not exceed 1,800 feet measured along the right-of-way line except:
NOTICE OF DECI510N MLP2003-0OOO7/HELLER PARTITION PAGE 10 OF 15
. Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre�xistin development or;
. For blocks adjacen� to arterial streets, limited access highways, major collectors or
railroads.
. For non-residential blocks in which internal public circulation provides equivalent access.
No new streets are being created with this partition, therefore this standard is not applicable.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements
or right-of-ways shall be provided when full street connection is not possible. Spacing between
connections shall be no more than 330 feet, except where �recluded by environmental or
topographical constraints, existing development patterns, or stnct adherence to other standards
in the code.
Similarly, since no streets are being proposed, and no connections are required, this standard is not
applicable.
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from beiny more than 2.5 times
the average lot width, unless the parcel is less than 1.5 times the min�mum lot size of the
applicable zoning district.
The two parcels are both less than 1.5 times the minimum lot size, in compliance with this standard.
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.
Both lots have greater than 25 feet of public street frontage.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design
standards and be located on both sides of arterial, collector and local residential streets. Private
streets and industrial streets shall have sidewalks on at least one side.
By providing the future improvement guarantee for 114�' Avenue, this criterion will be met.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construct�on 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-siziny: Section 18.810.090.0 states that proposed sewer systems shall include
consideration of additional development within the area as projected 6y the Comprehensive
Plan.
There is an existin� 8-inch public sewer line located in 114�' Avenue that has ample capacity to serve
this site. The applicant has been coordinating with the City's contractor for the Gaarde Phase II pro1 ect
with regard to extending sewer laterals to these parcels. The applicant has already obtained a Public
Facility Improvement (PFI) permit that covers the sanitary sewer lateral work.
Storm Drainage:
General Provisions: Section 18.810.100.A states requires developers to make adequate
provisions for storm water and flood water runoff.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 11 OF 15
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other
drainage facility shall be larg e enough to accommodate potential runoff from its entire upstream
drainage area, whether inside or oufside the development. The City Engineer shall approve the
necessary size of the facility, based on the provisions of Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and
including any future revisions or amendmen}s).
There are no upstream drainage ways 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
draina�e facility, the Director and Engineer shall withhold approval of the development until
provis�ons have been made for improvement of the potential condition or until provisions have
been made for 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).
Small projects such as residential land partitions, are not required to provide onsite detention.
The applicant's plan calls�for the drainage for Parcel 1 to be conveyed to the existing roadside
ditch/culvert system in 114 Avenue. This work was not included in the applicant's existing PFI permit.
They may be able to amend the existing permit versus applying for a new one.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed
bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for
the future extension of such bikeways through the dedication of easements or right-of-way.
SW 114�'Avenue is not a designated bike facility.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surFace mounted transformers, surface mounted connection boxes and
meter cabinets which may be placed above ground, tem porary 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 unc�erground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
♦ Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception to.Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall
pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a
street where existing utilities which are not underground will serve the development and the
ap p.roval authority determines that the cost and technical difficulty of under-grounding the
utilities outweighs the benefit of under-grounding in conjunction with the devetopment. 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�rounding.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 12 OF 15
There are existing overhead utility lines along the frontage of SW 114�' Avenue. If the fee in-lieu is
proposed, it is equal to $27.50 per lineal foot of street frontage that contains the overhead lines. The
frontage along this site is 130 lineal feet; therefore the fee woufd be $3,575.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
STANDARD :
Public Water S stem:
his site will be served from the City's water line located in SW 114�'Avenue. The home on Parcel 2 is
presently served by this water line. Upon construction of the new home on Parcel 1, the applicant will
need to apply to the City for a new water service.
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM� regulations established by
Clean Water Services (CWS) Design and Construction Standards adopted by Resolution and
Order No. 00-7) which require the construction of on-site water quality facil�ties. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm
water runoff generated from newly created impervious surfaces. In addition, a maintenance plan
shall be submitted indicating the frequency and method to be used in keeping the facility
maintained through the year.
Small developments, such as residential land partitions, are not required to install an onsite water quality
facility. The builders of the new homes will be required to pay a SDC for storm water treatment.
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 project, the addressing fee will be $30.00.
Surve Re uirements
The app icant's inal 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 (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
established by:
. GPS tie nefinrorked to the City's GPS survey.
. By random traverse using conventional surveying methods.
In addition, the ap�plicant's as-built drawings shall be tied to the GPS nefinrork. The applicanYs engineer
shall provide the City with an electronic file with points for each structure (manholes, catch basins, water
valves, hydrants and other water system features in the development, and their respective X and Y
State Plane Coordinates, referenced to NAD 83 (91�.
SECTION VI. OTHER STAFF COMMENTS
City of Ti ard Forester has reviewed the proposal and indicates that while no mitigation will be
required, a�ree protection plan must be submitted clarifying how the trees to remain will be preserved.
RESPONSE: This will be required as a condition of approval.
City of Tigard Water Department has reviewed the proposal and has no objections to it.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 13 OF 15
SECTION VII. AGENCY COMMENTS
Clean Water Services has reviewed the proposal and has no objections to it.
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments:
1) SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE FiYDRANTS: Fire hydrants for single
family dwellings, duplexes and sub-divisions, shall be placed at each intersection. Intermediate
fire hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an
intersection as measured m an approved manner around the outside of the structure and along
approved fire apparatus access roadways. Placement of additional fire hydrants shall be as
approved by the Chief. (UFC Sec. 903.4.2.2)
2) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not
more than 15 eet rom an approve ire apparatus access roadway. (UFC Sec. 903.4.2.4)
3) REFLECTIVE HYDRANT MARKERS: Fire hy�drant_locations shall be identified by the installation
o re ective markers. The mar ers shall be blue. They shall be located adjacenf and to the side
of the centerline of the access road way,that the fire hydrant is located on. In case that there is
no center line, then assume a centerlme, and place the reflectors accordingly. (UFC Sec.
901.4.3)
4) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for
single amily wel ings and uplexes s al be ,000 gallons per minute. If the structure(s) is(are)
3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix
Table A-III-A-1. (UFC Appendix III-A, Sec. 5)
5) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire
apparatus access roadways and fire fighting water supplies shall be installed and operational
prior to any other construction on the site or subdivision. (UFC Sec. 8704)
SECTION VII1. 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 Decision:
THIS DECISION IS FINAL ON JUNE 18, 2003 AND BECOMES
EFFECTIVE ON JULY 3, 2003 UNLESS AN APPEAL IS FILED.
T�A eal:
ector's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may
appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard CommunitX Development
Code which Provides that a written appeal together with the required fee shall be filed with the Director
within ten (10) business days of the date the Notice of Decision was mailed. 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 MLP2003-00007MELLER PARTITION PAGE 14 OF 15
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 �roperly raised in the Notice of Appeal may
be submitfed by any party during the appeal hearing, sub�ect to any additional rules of procedure that
may be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JULY 2, 2003.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503) 639-4171.
�, ;� ��
;� . `` J
%� � �" June 18, 2003
PREPARED BY: Morgan Tracy DATE
Associate Planner
� � June 18. 2003
APPROVED BY: Richard Bewersdorff DATE
Planning Manager
i:�curpin�morgan\worlcspacelmlp�rnlp2003-00007(heller)4nIp2003-00007 decision.doc
NOTICE OF DECISION MLP2003-00007MELLER PARTITION PAGE 15 OF 15
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N�TICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2003-00007 �
CITY Of TIOARD
HELLER PARTITION Cammunity<DeveCopment
ShapingA Better�ommuniry
120 DAYS =8/28/2003
SECTION I. APPLICATION SUMMARY
FILE NAME: HELLER PARTITION
CASE NO: Minor Land Partition (MLP) MLP2003-00007
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
19,602 square foot lot into two (2) parcels for detached single-family residences.
An existing single-family dwelling exists on the subject parcel and is proposed to
remain on Parcel #1 in compliance with all setback requirements.
APPLICANT: Arlene Heller OWNER: Same
14340 SW 114th Avenue
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
residential units at a minimum lot size of 7,500 square feet. Duplexes and
attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally.
LOCATION: 14340 SW 114th Avenue; WCTM 2S110AB, Tax Lot 2000.
PROPOSED PARCEL 1: 7,927 Square Feet.
PROPOSED PARCEL 2: 11,372 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and
Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree
Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility
Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in the full decision, available at City Hall.
— THIS APRROV�L SHALL BE VALID FOR '!8 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
All documents and applicable criteria in the above-noted file are available for inspection at no cost or
copies can be obtained for twenty-five cents (25�) per page, or the current rate charged for copies at the
time of the request.
SECTION III. PROCEDURE AND APPEAL INFORMATION
Notice:
otice mailed to:
X The applicant and owners
—� Owner of record within the required distance
—� Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON JUNE 18, 2003 AND BECOMES
EFFECTIVE ON JULY 3, 2003 UNLESS AN APPEAL IS FILED.
�qeal:
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may
appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community
Development Code which provides that a written appeal together with the required fee shall be filed
with the Director within ten (10) business days of the date the Notice of Decision was mailed. The
appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, subject to any additional rules of procedure that
may be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JULY 2, 2003.
Questions
For further information please contact the Planning Division Staff Planner, Morgan Tracy at
(503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
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NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER:
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
NOTICE OF PENDING LAND USE APPLICATION CITYOPTIGARD
MINOR LAND PARTITION Community�UeveCopment
S(taping A Better Community
DATE OF NOTICE: May 23, 2003
FILE NUMBER: MINOR LAND PARTITION (MLP) 2003-00007
FILE NAME: HELLER PARTITION
PROPOSAL: The applicant is requesting Minor Land Partition approval to partition one (1) existing 19,602
square foot lot into two (2) parcels for detached single-family residences. An existing
single-family dwelling is sited on the subject parcel and is proposed to remain on Parcel #1
in compliance with all setback requirements.
ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at
a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are
permitted conditionally. Some civic and institutional uses are also permitted conditionally.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390,
18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810.
LOCATION: 14340 SW 114"'Avenue; WCTM 2S110A6, Tax Lot 2000.
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
�:�00 PM ON JUNE 9:2003. All comments should be directed to Morgan Tracy, Associate Planner in the Planning
Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard
by telephone at (503) 639-4171.
ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED
ABOYE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS.
THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS
WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE
IS TENTATIVELY SCHEDULED FOR JUNE 27, 2003. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A
COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED.
WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN
THE FOLLOWING INFORMATION:
. Address the specific "Applicable Review Criteria" described in the section above or any other criteria
believed to be applicable to this proposal;
. Raise any issues and/or concerns believed to be important with su�cient evidence to allow the City to
provide a response;
. Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant
approval criteria with sufficient specificity on that issue.
_ _
Failure of any party to address the relevant approval criteria with sufficient specificity may preclude
subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings
directed at the relevant approval criteria are what constitute relevant evidence.
AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE
DIRECTOR�S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN
500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE
ENTITLED TO NOTICE. THE DIRECTOR�S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED
UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH
CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION.
SUMMARY OF THE DECISION-MAKING PROCESS:
• The application is accepted by the City
. Notice is sent to property owners of record within 500 feet of the proposed development area allowing a
14-day written comment period.
. The application is reviewed by City Staff and affected agencies.
. City Staff issues a written decision.
. Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all
owners of record of property located within 500 feet of the site, as shown on the most recent property tax
assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any
governmental agency which is entitled to notice under an intergovernmental agreement entered into with the
City which includes provision for such notice or anyone who is otherwise entitled to such notice.
INFORMATION/EVIDENCE AVAILABLE FOR REVIEW:
The application, written comments and supporting documents relied upon by the Director to make this decision are
contained within the record and are available for public review at the City of Tigard Community Development
Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this
service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of
this Notice under the section titled "Your Right to Provide Written Comments."
_ ..,.............,.........
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MLP2003-00007
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REQUEST FOR COMMENTS CITYOFTIGARD
Community�DeveCopment
ShapingA�etter Community
DATE: Me]123,Z003 RF��lVED p�NN
T0. Matt 5tine,Urban Forester/Pubiic Works Annex �NG
FROM: City of Tigard Plannin9 Division JUN � 9 �Q03
STAFF CONTACT: Mor an Trac Aasociate Planner[xZ4281 Cl��F T�GARD
Phone: [5031639-41T1/Fax: [5031684-1291
MINOR LANU PARTITION[MLP)2003-00001
➢ NELLER PARTITION Q
REQUEST: The applicant is requesting Minor Land Partition approval to partition one (1) existing 19,602
square foot lot into two (2) parcels for detached single-family residences. An existing single-family
dwelling is sited on the subject parcel and is propo�sed to remain on Parcel #1 in compliance with all
setback requirements. LOCATION: 14340 SW 114 Avenue; WCTM 2S110AB, Tax Lot 2000. ZONE:
R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate
detached single-family homes with or without accessory residential units at a minimum lot size of 7,500
square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795
and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by
various departments and agencies and from other information available to our staff, a report and recommendation will
be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this
application, WE NEED YOUR COMMENTS BACK BY: JUNE 9, 2003. You may use the space provided below
or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone
the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you
have any questions, contact the Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
X Written comments provided below:
-%w� � P�� nn�sr iN CL1�DE rl� �Ror�cnon/ M��hR�s
I Name� Number of Person Commenting: �� I
IV I���(N�.
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MEMORANDUM
CITY OF TIGARD, OREGON
DATE: June 17, 2003
TO: Morgan Tracy, Associate Planner
FROM: Kim McMillan, Development Review Enginear�y�,
RE: MLP 2003-00007, Heller Partition
Access Manaqement (Section 18.705.030.H1
Section 18.705.030.H.1 states that an access report shall be submitted with
all new development proposals which verifies design of driveways and
streets are safe by meeting adequate stacking needs, sight distance and
deceleration standards as set by ODOT, Washington County, the City and
AASHTO.
The applicant's narrative indicates that this provision will be met. Staff
recommends the applicant provide a sight distance certification for the new
driveway on Parcel 1 prior to approval of the final plat.
Section 18.705.030.H.2 states that driveways shall not be permitted to be
placed in the influence area of collector or arterial street intersections.
Influence area of intersections is that area where queues of traffic
commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet,
measured from the right-of-way line of the intersecting street to the throat '
of the proposed driveway. The setback may be greater depending upon the
influence area, as determined from City Engineer review of a traffic impact
report submitted by the applicant's traffic engineer. In a case where a
project has less than 150 feet of street frontage, the applicant must explore
any option for shared access with the adjacent parcel. If shared access is
not possible or practical, the driveway shall be placed as far from the
intersection as possible.
The new driveway for Parcel 1 will be over 700 feet to the south of the
intersection at SW Gaarde Street, thereby meeting this criterion.
Street And Utility Improvements Standards (Section 18.8101:
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
ENGINEERING COMMENTS MLP 2003-00007 Heller Partition PAGE 1
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets
adjacent shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width
planned as a portion of an existing street shall be dedicated and improved
in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a
local residential street to have a 46 to 54-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 114th Avenue, which is classified as a local
residential street on the City of Tigard Transportation Plan Map. At present,
there is approximately 25 feet of ROW from centerline, according to the most
recent tax assesso►'s map. The applicant's plan shows they will dedicate
additional ROW to provide 27 feet from the centerline.
SW 114th Avenue is paved but not fully improved to City standards. TMC
18.810.030(A)(1) states that streets within a development and streets adjacent
shall be improved in accordance with City standards. However, 18.810.030(A)(5)
states that the City may accept a future improvement guarantee in lieu of street
improvements if the improvement associated with the project does not, by itself,
provide a significant improvement to the street safety or capacity. Although this
development will incrementally increase the amount of traffic on the roadway, the
increase will not substantially degrade the level of service on the street. A street
improvement adjacent to this site, therefore, will not significantly improve the
safety or capacity of the street. In addition, 18.810.030(A)(5)(e) states that a
guarantee in lieu of street improvements is acceptable if the proposal is a land
partition on property zoned residential and the partition does not create any new
streets. This partition will not create a new street. Based on these code
provisions, Staff therefore recommends that the applicant be required to enter
into an agreement with the City whereby the owner agrees to participate in any
future widening project for the street carried out by the City, a third party, or
through a local improvement district. This agreement must be executed prior to
approval of the final plat.
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
ENGINEERING COMMENTS MLP 2003-00007 Heller Partition PAGE 2
access, circulation, control and safety of street traffic and recognition of
limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks
formed by streets shall not exceed 1,800 feet measured along the right-of-
way line except:
• Where street location is precluded by natural topography, wetlands or
other bodies of water or, pre-existing development or;
• For blocks adjacent to arterial streets, limited access highways, major
collectors or railroads.
• For non-residential blocks in which internal public circulation provides
equivalent access.
PLANNING
Section 18.810.040.B.2 also states that bicycle and pedestrian connections
on public easements or right-of-ways shall be provided when full street
connection is not possible. Spacing between connections shall be no
more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict
adherence to other standards in the code.
PLANNING
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being
more than 2.5 times the average lot width, unless the parcel is less than 1.5
times the minimum lot size of the applicable zoning district.
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. Private streets and industrial streets
shall have sidewalks on at least one side.
By providing the future improvement guarantee, the applicant will meet this
criterion.
ENGINEERING COMMENTS MLP 2003-00007 Heller Partition PAGE 3
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be
installed to serve each new development and to connect developments to
existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as
adopted by Clean Water Services in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive
plan.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems
shall include consideration of additional development within the area as
projected by the Comprehensive Plan.
There is an existing 8-inch public sewer line located in 114th Avenue that has
ample capacity to serve this site. The applicant has been coordinating with the
City's contractor for the Gaarde Phase II project with regard to extending sewer
laterals to these parcels. The applicant has already obtained a Public Facility
Improvement (PFI) permit that covers the sanitary sewer lateral work.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make
adequate provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a
culvert or other drainage facility shall be large enough to accommodate
potential runoff from its entire upstream drainage area, whether inside or
outside the development. The City Engineer shall approve the necessary
size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or
amendments).
There are no upstream drainage ways that impact this site.
Effect on Downstream Drainage: Section 18.810.100.D states that where it
is anticipated by the City Engineer that the additional runoff resulting from
the development will overload an existing drainage facility, the Director and
Engineer shall withhold approval of the development until provisions have
been made for improvement of the potential condition or until provisions
have been made for storage of additional runoff caused by the
development in accordance with the Design and Construction Standards
ENGINEERING COMMENTS MLP 2003-00007 Heller Partition PAGE 4
for Sanitary and Surface Water Management (as adopted by Clean Water
Services in 2000 and including any future revisions or amendments).
Small projects such as residential land partitions, are not required to provide
onsite detention.
The applicant's plan calls for the drainage for Parcel 1 to be conveyed to the
existing roadside ditch/culvert system in 114th Avenue. This work was not
included in the applicant's existing PFI permit. They may be able to amend the
existing permit versus applying for a new one.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments
adjoining proposed bikeways identified on the City's adopted
pedestrian/bikeway plan shall include provisions for the future extension of
such bikeways through the dedication of easements or right-of-way.
SW 114t" Avenue is not a designated bike facility.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those
required for electric, communication, lighting and cable television services
and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at
50,000 volts or above, and:
• The developer shall make all necessary arrangements with the serving
utility to provide the underground services;
• The City reserves the right to approve location of all surface mounted
facilities;
• All underground utilities, including sanitary sewers and storm drains
installed in streets by the developer, shall be constructed prior to the
surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing
the street improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states
that a developer shall pay a fee in-lieu of under-grounding costs when the
development is proposed to take place on a street where existing utilities
which are not underground will serve the development and the approval
authority determines that the cost and technical difficulty of under-
ENGINEERING COMMENTS MLP 2003-00007 Heller Partition PAGE 5
grounding the utilities outweighs the benefit of under-grounding in
conjunction with the development. The determination shall be on a case-
by-case basis. The most common, but not the only, such situation is a
short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground
utilities facilities. An applicant for a development which is served by
utilities which are not underground and which are located across a public
right-of-way from the applicant's property shall pay a fee in-lieu of under-
grounding.
There are existing overhead utility lines along the frontage of SW 114th Avenue.
If the fee in-lieu is proposed, it is equal to $ 27.50 per lineal foot of street frontage
that contains the overhead lines. The frontage along this site is 130 lineal feet;
therefore the fee would be $ 3,575.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND
UTILITY IMPROVEMENT STANDARDS:
Public Water System:
This site will be served from the City's water line located in SW 114th Avenue.
The home on Parcel 2 is presently served by this water line. Upon construction
of the new home on Parcel 1, the applicant will need to apply to the City for a
new water service.
Storm Water Quality:
The City has agreed to enforce SurFace Water Management (SWM)
regulations established by Clean Water Services (CWS) Design and
Construction Standards (adopted by Resolution and Order No. 00-7) which
require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100
percent of the storm water runoff generated from newly created impervious
surfaces. In addition, a maintenance plan shall be submitted indicating the
frequency and method to be used in keeping the facility maintained
through the year.
The CWS standards include a provision that would exclude small projects such
as residential land partitions. It would be impractical to require an on-site water
quality facility to accommodate treatment of the storm water from Parcel 1.
Rather, the CWS standards provide that applicants should pay a fee in-lieu of
constructing a facility if deemed appropriate. Staff recommends payment of the
fee in-lieu on this application.
ENGINEERING COMMENTS MLP 2003-00007 Heller Partition PAGE 6
Address Assiqnments:
The City of Tigard is responsible for assigning addresses for parcels within the
City of Tigard and within the Urban Service Boundary (USB). An addressing fee
in the amount of$ 30.00 per address shall be assessed. This fee shall be paid to
the City prior to approval of the final plat.
For this project, the addressing fee will be $30.00.
Survev Requirements
The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on
finro monuments with a tie to the City's global positioning system (GPS) geodetic
control network (GC 22). These monuments shall be on the same line and shall be
of the same precision as required for the subdivision plat boundary. Along with the
coordinates, the plat shall contain the scale factor to convert ground measurements
to grid measurements and the angle from north to grid north. These coordinates
can be established by:
• GPS tie nefinrorked to the City's GPS survey.
• By random traverse using conventional surveying methods.
Recommendations:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
APPROVAL OF THE FINAL PLAT:
Submit to the Engineering Department (Kim McMillan, 718-2642) for review
and approval:
. The applicant shall either amend their existing PFI permit with the City to
include the work necessary for the private storm drain connection to the
ditch in the ROW, as well as the new driveway for Parcel 1, or apply for a
new PFI permit.
. 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).
. Prior to approval of the final plat, the applicant's professional engineer shall
provide a sight distance certification for the proposed driveway at Parcel 1.
ENGINEERING COMMENTS MLP 2003-00007 Heller Partition PAGE 7
. The applicant shall execute a Restrictive Covenant whereby they agree to
complete or participate in the future improvements of SW 114"' Avenue
adjacent to the subject property, when any of the following events occur:
A. when the improvements are part of a larger project to be financed or
paid for by the formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or
paid for in whole or in part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed
by a third party and involves the sharing of design and/or construction
expenses by the third party owner(s) of property in addition to the
subject property, or
D. when construction of the improvements is deemed to be appropriate
by the City Engineer in conjunction with construction of improvements
by others adjacent to the subject site.
. The applicant shall either place the existing overhead utility lines along SW
114�'Avenue underground as a part of this project, or they shall pay the fee
in-lieu of undergrounding. The fee shall be calculated by the frontage of the
site that is parallel to the utility lines and will be $ 27.50 per lineal foot. If the
fee option is chosen, the amount will be $ 3,575.00 and it shall be paid prior
to approval of the final plat.
. The applicant's final plat shall contain State Plane Coordinates on finro
monuments with a tie to the City's global positioning system (GPS) geodetic
control network (GC 22). These monuments shall be on the same line and
shall be of the same precision as required for the subdivision plat boundary.
Along with the coordinates, the plat shall contain the scale factor to convert
ground measurements to grid measurements and the angle from north to
grid north. These coordinates can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared
by a land surveyor licensed to practice in Oregon, and necessary data or
narrative.
B. Attach a check in the amount of the current final plat review fee
(Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext.
426).
C. The final plat and data or narrative shall be drawn to the minimum
standards set forth by the Oregon Revised Statutes (ORS 92.05),
Washington County, and by the City of Tigard.
ENGINEERING COMMENTS MLP 2003-00007 Heller Partition PAGE 8
D. The right-of-way dedication for SW 114th Avenue to provide 27 feet
from the centerline shall be made on the final plat.
E. NOTE: Washington County will not begin their review of the final plat
until they receive notice from the Engineering Department indicating that the
City has reviewed the final plat and submitted comments to the applicant's
surveyor.
F. After the City and County have reviewed the final plat, submit finro
mylar copies of the final plat for City Engineer signature (for partitions), or
City Engineer and Community Development Director signatures (for
subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRI�R TO
ISSUANCE OF BUILDING PERMITS:
Submit to the Engineering Department (Kim McMillan, 718-2642) for review
and approval:
. Prior to issuance of building permits, the applicant shall provide the
Engineering Department with a "photomylar"copy of the recorded final plat.
. Prior to issuance of the building permit for Parcel 1, the applicant shall pay
the standard water quality and water quantity fees per Iot (fee amounts will
be the latest approved by CWS).
ENGINEERING COMMENTS MLP 2003-00007 Heller Partition PAGE 9
Morgan Tracy - Heller Partition.doc Page 1
TUALATIN VALLEY FIRE & RESCUE • SOUTH DIVISION
COMMUNITY SERVICES • OPERATIONS • FIRE PREVENTION
�
I
June 6,2003 ;
I
Morgan Tracy,Associate Planner
City of Tigard �'
13125 SW Hall Blvd �
Tigard,OR 97223 I!
f
Re: Heller Partition �
�'
Dear Morgan, �
«
I have reviewed the submittal for the above named project and have the following comments: �'
1) SINGLE FAMILY DWELLINGS AND DUPLEXES-FIRE HYDRANTS: Fire hydrants for single family dwellings,
duplexes and sub-divisions,shall be placed at each intersection. [ntermediate fire hydrants are required if any portion
of a structure exceeds 500 feet from a hydrant at an intersection as measured in an approved manner around the outside E
of the structure and along approved fire apparatus access roadways. Placement of additional fire hydrants shall be as ;
� approved by the Chief. (UFC Sec.903.4.2.2)
2) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than 15 feet from an �
approved fire apparatus access roadway. (UFC Sec.903.4.2.4) i
3) REFLECTNE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of reflective markers. �
The markers shall be blue. They shall be located adjacent and to the side of the centerline of the access road way that ,l
the fire hydrant is located on. In case that there is no center line,then assume a centerline,and place the reflectors �
accordingly. (UFC Sec.901.4.3) �
4) S[NGLE FAMILY DWELLINGS-REOUfRED FIRE FLOW: The minimum availablc firc flow for singlc family
dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s)is(are)3,6U0 square feet or larger,the
required fire flow shall be determined according to UFC Appendix Table A-III-A-L (UFC Appendix III-A,Sea 5)
5) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire apparatus access
roadways and fire fighting water supplies shall be installed and operational prior to any other construction on the site
or subdivision.(UFC Sec. 8704)
i
I
Please contact me at(503)612-7010 with any additional questions. j
Sincerely, �
Eric T. McMullen ��
Eric T. McMullen
Deputy Fire Marshal
7401 SW Washo Court,Suite 101•Tualatin,Oregon 97062•TeL(503)612-7000•b'ax(503)612-7003•www.tvfr.com
___ ____ —_ ___ ___ ____ ___ _ _ _ - _ _ — __ _- J
" �
REQUEST FOR COMMENTS CITYOFTIGARD
Community ZneveCopment
SkapingA BetterCommunity
DATE: May 23,2003
T0: Dennis Koellermeier,Operatlons Manager/Water Department
FROM: City of Ti9ard Planning Di�ision
STAFF CONTACT: Morgan Tracy,Associate Planner[x24281
Phone: [503)639-41n/Fax: [5031684-7297
MINOR IAND PARTITION[MLPI 2003-00001
➢ NELLER PARTITION Q
REQUEST: The applicant is requesting Minor Land Partition approval to partition one (1) existing 19,602
square foot lot into two (2) parcels for detached single-family residences. An existing single-family
dwelling is sited on the subject parcel and is proposed to remam on Parcel #1 in compliance with all
setback requirements. LOCATION: 14340 SW 114 Avenue; WCTM 2S110AB, Tax Lot 2000. ZONE:
R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate
detached single-family homes with or without accessory residential units at a minimum lot size of 7,500
square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795
and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by
� various departments and agencies and from other information available to our staff, a report and recommendation will
be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this
application, WE NEED YOUR COMMENTS BACK BY: JUNE 9 2003. You may use the space provided below
or attach a separate letter to return your comments. If vou are unable to respond by the above date, please phone
the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you
have any questions, contact the Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
� We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
_ Written comments provided below:
Name 8 Number of Person Commenting:
v
i
REQUES�' FOR COMMFNTS CITYOPr[GaRn
�'pmmunity�Deuc�apsnint
Skayir�A 2ietcer'Communfty
DAT� M�]I 23.200�1� �
� � lee Wglker i�leanW�ter S�rusceslSWM Pro ram � (� � a �
` r1'�-' 9 MAY ti '� 2no3
f� -r o nd�f Til�r��l PI�I�ving Dlvlsio�
STAR G�ONTACT; Mor��n Tra��cv,Asseciate Planner dc24281 By
Ph�ne: [50��1639-4171/Faa�: C5031684-1297
MINOB LAND PAR'�(ON IM1Pl 200�-00007
.
➢ NELLER PARTITION Q
RE aUEST: The applicant is i•equesting Minor Land Partition apprvval to partition ona (1} existing 19,602
sqi �re foot lot into twv (2) �arcels for detached single-family rESidences. An ex�sting single-family
dw �Iling is sited on the subjr:..ct parcel and is proposed to remain on Parcel #1 in compliance with a1l
sei r��ck requirements. LOGA�TION: 14340 SW 114th Avenue; WCTM 2S110AB, Tax Lot 2000. ZONE:
R-� .'�: Low-Density Residential Distnct. The R�.5 zoning district is designed to accommodate
de� �ched single-family home;� with or without accessory residential units at a minimum lofi size of 7,500
sqi ��re feet. Duplexes and attached single-family units are permitted conditionalfy. Some civic and
ins iiutional Uses are also p��rmitted condrtionally. APPLIGABLE REVIEW CR1TERiA: Community
De ��lopment Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.79a, 18.795
an� 18.810.
Attac i�;d are the Site Plan,Vicinilty Map and Applicant's Information for your review. From information supplied by
vario i� departments and agencie:� and from other information available to our staff, a report and recommendation will
be p spared and a decision will be �endered on the Pro osal in the near future_ If you wish to c�mment on this
appli �ition,�If��l�r��������������� 1 �� ��� �� �'� � ���L�� You may use the space provided below
or at �:h a separate letter to return your cflmments. If vou are unable to respond by the above date. please phone
the : ��ff contact noted above with your comments and confirm your comments in writing as soon as possibte. If you
have �.ny questions, cvntact the Tigard Planning Division, 13125 SW Hall �Ivd.,Tigard, OR 97223.
Ii��-� �'��I'C����,�IH�I�I�L���,V1bh���G''��T�'���.I�A►I���,�����Ll��,lili�I�I�
T li
We have reviewed the praposal and have no objections to it.
Please contact of our office.
Please refer tv the enclos�;d letter.
Written comments provi�ded below:
- �,p Cw s c��3��c.-�r o��ls
1 ame�Number of Person Gornmenting; `�.,^ �� �„ � _ O�
L _ , --�
T00� S��IA2I3S 2I3.LVM lQV3'I� 5Z5�968£05 3�'3 ZZ�60 �0/60/90
REQUEST FOR COMMENTS CITYOFTIGARD
�'ommunity�De�veCopment
ShapingA Better Community
DATE: May 23,2003
T0: PER AITACHED
FROM: City of Tigard Planning Division
STAFF CONTACT: Mor9an Tracy,Associate Planner[x24281
Phone: [5031639-4111/Fax: [5031684-]291
MINOR LAND PARTITION[MLPI 2003-OOOOl
➢ HELLER PARTITION Q
REQUEST: The applicant is requesting Minor Land Partition approval to partition one (1) existing 19,602
square foot lot into two (2) parcels for detached single-family residences. An existing single-family
dwelling is sited on the subject parcel and is proposed to remain on Parcel #1 in compliance with all
setback requirements. LOCATION: 14340 SW 114 Avenue; WCTM 2S110AB, Tax Lot 2000. ZONE:
R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate
detached single-family homes with or without accessory residential units at a minimum lot size of 7,500
square feet. Duplexes and attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795
and 18.810.
Attached are the Site Plan, Vicinity Map and ApplicanYs Information for your review. From information supplied by
various departments and agencies and from other information available to our staff, a report and recommendation will
be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this
application, WE NEED YOUR COMMENTS BACK BY: JUNE 9. 2003. You may use the space provided below
or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone
the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you
have any questions, contact the Tigard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
_ Written comments provided below:
IName� Number of Person Commenting:
' CITY TIGARD REQUEST FOR C0� :NTS ��'�`l
NOTIfICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS �
FILE NOS.: �C�V�' FILE NAME: a1
CITIgN INYOLVEMENT TEAMS
14-DAY PENDING APPLICATION NOTICE TO CIT AREA: [�entral ❑East ❑South �West � �Proposal Descrip.in Library CIT Book
CITY OFFICES
=LONG RANGE PLANNING1Barbara Shields,Planning Mgr. �OMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. �OLICE DEPTJJim Wolf,Crime Prevention Officer
BUILDING DIVISION/Gary Lampella,Buildi�g Official ENGINEERING DEPT./Brian Rager,Dvlpmnt.Review Engineer ATER DEPTJDennis Koellermeier,Operations Mgr.
CITY ADMINISTRATION/Cathy WheaUey,City Recorder PUBIIC WORKS/John Roy,Property Manager PUBLIC WORKSIMatt Stine,Urban Forester
�PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARINGI _C.D./Sherman Casper,Permit Coord.(sowCUP re TiF�
SPECIAL OISTRICTS
TUAL.HILLS PARK 8 REC.DIST.♦ VTUALATIN 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&WILDLIFE OR.DIV.OF STATE LANDS
_ Planning Manager Planning Manager 2501 SW First Avenue Jennifer Goodridge
Irish Bunnell,Devebpmerrt Sernrxs 18880 SW MaRinaui Avenue PO Box 59 775 Summer Street NE
PO Box 4755 Tuala6n,OR 97062 Portland,OR 97207 5alem,OR 97301-1279
Beaverton,OR 97076
_ OR.PUB.UTIUTIES COMM.
METRO-LAND USE 8 PLANNING � OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol SVeet NE
CITY OF DURHAM � 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380
City Manager Portland.OR 97232-2736 Portland,OR 97232
PO Box 23483 Bob Knight,Dala Resource Center(2CA) US ARMY CORPS.OF ENG.
Durham,OR 97281-3483 Paulerie Allen,Gmwl�Manapemerrt CoorUinator OR.DEPT.OF LAND CONSERV.B DVLP. Kathryn Harris
_ Mel Huie,cree�va«s coore�mor�cPwzw.� Larry FrenCh�comP.P�annmeodments onN) Routing CENWP-OP-G
CITY OF KING ClTY� _ Jennifer Budhabhatti,RepionalPlainer(Wetlands) 635 Capito�Street NE,Suite 150 PO Box 2946
City Manager _ C.D.Manager,Grovrth ManapemefH Services Salem,OR 97301-2540 Portland,OR 97208-2946
15300 SW 116th Avenue
Ki�g City,OR 97224 WASHINGTON COUNTY�
OR.DEPT.OF ENERGY�Pm.�en��es�n.ea� _OR.DEPT OF AVIATION�ronoPo�e ro.wnl Dept.of Land Use&Transp.
Bonneville Power Administration Tom Highland,vu� 155 N.First Avenue
_CITY OF LAKE OSWEGO� Routing TTRC—Attn: Renae Ferrera 3040 25th SUeet,SE Suite 350,MS 13
Planning Director PO Box 3621 Salem,OR 97310 Hillsboro.OR 97124
PO Box 369 Portland,OR 97208-3621 Brent Curtis ccPn�
Lake Oswego,OR 97034 Gregg Leion�cPn�
OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 � Anne LaMountain oc�vuRe�
CITY OF PORTLAND (Notity tor Wetlands an0 PoleMlal EnvYOnmenlallmpaUS) Marah Danielson,oe�eiovme�x aeWew coomma�or Phil Healy ucauae>
Planning 8ureau Director Regional Administrator Carl Toland, Right-of-Way Section N�> Steve Conway cc�nvv�.�
1900 SW 4'"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Sr.Cartographer icP�a���+s+.
Portland,OR 97201 PoNand,OR 97201-4987 Portland,OR 97209-4037 Jim Nims czca�n+s�s
_Doria Mateja�zcn�Ms u
WA.CO.CONSOLIDATED COMMUNIC.AGENCY(WCCCA)"911"(MOnopola Towars) ODOT,REGION 1 -DISTRICT 2A�
Dave Austin Jane Estes,Permmit Spedalist
PO Box 6375 5440 SW Westgate Drive,Suite 350
Beaverton,OR 97007-0375 Portland,OR 97221-2414
UTILITY PROVIDERS AND SPECIAL Q6ENCIES
PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R!R(Burlington NortherNSa�ta Fe R/R Predecessor)
RobeR I.Melbo,President&General Manager
110 W.10th Avenue
Albany,OR 97321
SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS {LAT�T CABLE _TRI-MET TRANSIT DVLPMT.
Clifford C.Cabe,Construction Engineer Debra Palmer�n���p�o�y� Pat McGann (If Project is WR�in%Mile ot a Trnsd Roule)
5424 SE McLoughli�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
�eaverton,OR 97006-4886 / portland,OR 97232
Y PORTLAND GENERAL ELECTRIC NW NATURAL GAS COMPANY ✓VERIZON �QWEST COMMUNICATIONS
Ken GutieRez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Pariy Stambaugh,Engineering
9480 SW Bceckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110
Wilsonville,OR 97070 Portland,OR 97209-3991 /Beaverton,OR 97075-1100 Portland,OR 97219
�TIGARDITUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 �COMCAST CABLE CORP. _AT&T CABLE uw,.ew�+.a�w�
Marsha BuUer,Administrative Offices Jan Youngquist,Demographics Melody Malone Diana Carpente�
6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg.12 3500 SW Bond Street
Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Portland,OR 97232
+M INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500' OF THE SUBjECT PROPERTY FOR ANY/ALL
CITY PROJECTS{Project Planner Is Responsible For Indicating Parties To Notify). h:�pany�masters�Request For Comments Notir�cation List 2.doc (Revised: 3/25lD3)
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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.: MLP2003-00007
Land Use File Name: HELLER PARTITION
I, Morgan Trac�, 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) ��,��{D �w� I�H�
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,�copy of said notice being hereto attached
and by reference made a part hereof, on the Z day of , 2003.
�
��
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Signature of erson Who Perfo ed Posting
(In the presence of the Notary)
(THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE)
STATE OF OREGON )
County of Washington ) ss.
Subscribed and sworn�m'ed before me on the�day of , 20 �� .
r�1�
OFFICIAL SEAL
'`� ��o J BENdTSON
� l NOTARY PUBLIC•OREGON
COMMISSION NO.388086
MY COMMISSION E�XPIRES APR.27,2007
NOTA PUBLI F OREGON
My Commission Expires: � I ��/� �
�
h:Uogin�pattylmasterslaffidavft of posting for staff to post a sRe.doc
MINOR LAND PARTITION (MLP) 2003-00007
REQUEST: The applicant is requesting Minor Land Partition approval to
partition one (1 } existing 19,602 square foot lot into two (2} parcels for
detached single-family residences. An existing single-family dwelling is
sited on the subject parcel and is proposed to remain on Parcel #1 in
compliance with all setback requirements. LOCATION : 14340 SW 114tn
Avenue; WCTM 2S110AB, Tax Lot 2000. ZONE: R-4.5: Low-Density
Residential District. The R-4.5 zoning district is designed to accommodate
detached single-family homes with or without accessory residential units at
a minimum lot size of 7,500 square feet. Duplexes and attached single-
family units are permitted conditionally. Some civic and institutional uses
are also permitted conditionally. APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.390, 18.420, 18.510, 18.705,
18.715, 18.745, 18.765, 18.790, 18.795 and 18.810.
Further information may be obtained from the Planning Division (stafF contact:
Morgan Tracy) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling
503-639-4171 . A copy of the application and all documents and evidence submitted
by or on behalf of the applicant and the applicable criteria are available for inspection
at no cost and copies for all items can also be provided at a reasonable cost.
. � .
AFFIDAVIT OF MAILING CRYOFTIOARD
Community�Development
S�iapi�egA BetterCommunity
I, �Patricia L. Gu�orQ being first duly sworn/affirm, on oath depose and say that I am a SeniorAcfministrative SpeciaCut for
the �'ity of7�gar `WasFiington County, Oregon and that I served the following:
(Check Appropnate Box(s)Bebw)
0 NOTICE Of DECISION FOR: MLP�003-00001/NELLER PARTITION
❑ AMENDEU NOTICE (File NoJName Reference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exlllblt"A",and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Ellhlblt'B",and by reference made a part
hereof, on lune 18,2003,and deposited in the United States Mail on 1U11818,2003, postage prepaid.
� � �
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�,� � � � G c'C_� �,��� - �� �•,� "�
(Person that Prepared oti
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,S7,A2tE O�'O�GON )
County of`WasT tngton )ss.
�'ity of 7igard )
Subscribed and sworn/affirmed before me on the �� day of , 2003.
�s OFFICIAL SEAL �!
� p J 9ENGTSON
NOTARY PUBUC-OREGON
" COMMISSION N0.368086 � �� /
MY COMMISSIOW EXPIRES APR.27,2007 �
�/
My Commission Expires: ^ � �
EXHIBIT�
NOTICE OF TYPE II DECISION
MINOR LAND PARTITI�N (MLP� 2003-00007 CITYOFTIGARD
HELLER PARTITION Community�Dever�,�nt
S�+apingA BetterCommunity
120 DAYS =8/28/2003
SECTION I. APPLICATION SUMMARY
FILE NAME: HELLER PARTITION
CASE NO: Minor Land Partition (MLP) MLP2003-00007
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
19,602 square foot lot into two (2) parcels for detached single-family residences.
An existing single-family dwelling exists on the subject parcel and is proposed to
remain on Parcel #1 in compliance with all setback requirements.
APPLICANT: Arlene Heller OWNER: Same
14340 SW 114�'Avenue
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 residential
units at a minimum lot size of 7,500 square feet. Duplexes and attached
single-family units are permitted conditionally. Some civic and institutional uses are
also permitted conditionally.
LOCATION: 14340 SW 114�'Avenue; WCTM 2S110AB, Tax Lot 2000.
PROPOSED PARCEL 1: 7,927 Square Feet.
PROPOSED PARCEL 2: 11,372 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and
Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree
Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility
Improvement Standards}.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions. The findings and conclusions on which the
decision is based are noted in Section V.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 1 OF 15
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
u mit to t e ngineering epartment im c i an, , ext. or review an
approval:
1. The applicant shall either amend their existing PFI permit with the City to include the work
necessary for the private storm drain connection to the ditch in the ROW, as well as the new
driveway for Parcel 1, or apply for a new PFI permit. If a new PFI permit is required, six (6) sets
of detailed public improvement plans shall be submitted for review to the Engineering
Department. NOTE: these plans are in addition to any drawings required.by the Building Division
and should only include sheets relevant to public improvements. Public Facility Improvement
(PFI) permit plans shall conform to City of Tigard Public Improvement Design Standards, which
are available at City Hall and the City's web page (www.ci.tigard.or.us).
2. The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who will �e�esignated as the "Permittee", and who will
provide the financial assurance for the public improvements. For example,,specify if the entity is
a corporation, limited ,partnership, LLC, etc. Also specify the state within which the entity is
incorporated and provide the name of the corporate contact person. Failure to provide accurate
information to the Engineering Department will delay processing of project documents.
3. Prior to approval of the final plat, the applicant's professional engineer shall provide a sight
distance certification for the proposed driveway at Parcel 1.
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).
5. The final plat shall show that ROW will be dedicated along SW 114�' to provide 27 feet from
centerline.
6. The applicant shall execute a Restrictive �ovenant whereby they.agree to complete or participate
in the future improvements of SW 114 adjacent to the subject property, when any of the
following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in whole or in
part by the City or other public agency,
C. when the improvements are par� of a larger project to be constructed by a third party and
involves the sharing of design and/or construction expenses by the third party owner(s) of
property in addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by the City Engineer
in conjunction with construction of improvements by others ad�acent to the subject site.
7. The applicant shall either place the existing overhead utility lines along SW 114�' Avenue
underground as a part of this project, or they sY�all pay the fee in-lieu of undergrounding The fee
shall be calculated by the fronta�e of the site that is parallel to the utility lines and will be $27.50
per lineal foot. If the fee option is chosen, the amount will be $3,575.00 and it shall be paid prior
to approval of the final plat.
8. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to
the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates
can be established by:
. GPS tie networked to the City's GPS survey.
. By random traverse using conventional surveying methods.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 2 OF 15
9. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/Engineering Permit Technicians, at (503) 639-4171)..
C. The final pla� and data or narrative shall be drawn to the minimum standards set forth by
the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
D. The rigfit-of-way dedications for Bull Mountain Road and Chardonnay Avenue shall be
made on the final plat.
E. NOTE: Washington County will not begin their review of the final plat until they receive
notice from the Engineering Department indicating that the City has reviewed the final plat
and submitted comments to the applicanYs surveyor.
F. After the City and County have reviewed the final plat, submit two mylar copies of the final
plat for City Engineer si�nature (for partitions), or City Engineer and Community
Development Director signa ures (for subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
u mit to t e anning epartment organ racy, , ext. or review an approva :
10. The applicant/owner sh�ll remove the existing shrubs and any other visual obstacles as
necessary along SW 114 to preserve the vision clearance areas.
11. Submit a tree protection plan with the building permit application for Parcel #1, prepared by a
certified arborist for the protection of the trees fo remam on Parcel #1. The applicant/owner sF�all
install the required tree protection measures prior to building permit issuance.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
12. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
13. Prior to issuance of building permits on Parcel 1, the applicant shall complete any work in the
public right-of-way (or public easement) and obtain approval from the Engineering Department.
14. Prior to issuance of the building permit for Parcel 1, 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
Property Historv:
The subJ'ect lot is located within the City of Tigard. The property is designated Low-Densi Residential
on the Tigard Comprehensive Plan Map. The subject lot was divided from Lot 7 of�ole's Acres
subdivision. No other land use approvals were found to be on file.
Site Information and Pro osal Descri tions
e su �ect property is approximatey 1 ,602 square feet and slopes gently down towards the north.
The site has approximately 130 feef of frontage on SW 114�' Avenue. The owner is proposing to
partition one additional lot from the northern portion of the subject site as indicated on the proposed
partition plat. Parcel #2 (11,372 square feet) includes an existing dwelling that is proposed to remain, in
compliance with present setback requirements. Parcel #1 is 7,927 square feet. The ad�acent properties
and are characterized by single-family homes. Southwest Pacific Highway lies 600 feet to the
southeast.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 3 OF 15
SECTION IV. PUBLIC COMMENTS
The City mailed notice to property owners within 500 feet of the subject site providing them an
opportunity to comment. No written 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 complies or can be made to comply with all statutory and ordinance requirements
and regulations as demonstrated by the analysis contained within this administrative decision and
through the imposition of conditions of development approval. All necessary conditions must be satisfied
as part of the development and building process. Therefore, this criterion is met.
There are adequate public facilities available to serve the proposal;
Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street 8� Utility
Improvement Standards). Based on the analysis provided, herein, Staff finds that adequate public
facilities are available to serve the proposal. Therefore, this criterion is met.
All proposed improvements meet City and applicable agency standards; and
The public facilities and proposed improvements are discussed and conditioned later in this decision
under Chapter 18.810 (Street 8 Utdity Improvement Standards). Improvements will be reviewed as part
of the permit process and during construction, at which time the appropriate review authority will ensure
that City and applicable agency standards are met. Based on the analysis in this decision, Staff finds
that this criterion is met.
All proposed lots conform to the specific requirements below:
The minimum width of the building envelope area shall meet the lot requirement of the applicable
zoning district.
The minimum lot width required for the R-4.5 zoning district is 50 feet. Parcel #1 is 52 feet in width,
Parcel #2 is 77 feet wide. Therefore, this standard has been met.
The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the
accessway may not be included in the lot area.
The minimum lot area requirement in the R-4.5 zoning district is 7,500 square feet for detached
single-family units. The proposed partition creates two (2) lots that are 11,372 and 7,927 square feet
respectively. 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 recorcied minimum 15 foot wide access easement.
The proposed partition plat illustrates that both lots greatly exceed the 15-foot street frontage
requirement. This criterion is met.
Setbacks shall be as required by the applicable zoning district.
Setbacks for the R-4.5 zoning district are as follows: front, 20 feet; side, 5 feet; street side, 10 feet, and
rear, 15 feet. The existing house on Parcel #2 is proposed to remain. This structure is situated 31 feet
from the front property line, 5 feet from the south side Property line, 5 feet from the north side properly
line, and 69 feet to the proposed rear property line. Setbacks for the future home will be reviewed at the
time of building permit submittal. Therefore, this standard is satisfied.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 4 OF 15
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.
None of the proposed parcels will be a flag lot; therefore this standard is not applicable.
A screen shall be provided along the property line of a lot of record where the paved drive in an
accessway is located within ten feet of an a6utting 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 shared accessway is proposed as part of this partition, therefore no additional screening will be
required.
The fire district may require the installation of a fire hydrant where the length of an accessway
would have a detrimental effect on fire-fighting capabilities.
The fire district (NFR) has reviewed the proPosal and has not required an additional fire hydrant; there
is already a hydrant directly in front of Parcel #1.
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.
There are no existing or proposed shared driveways; therefore this standard is not applicable.
Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and
Circulation.
This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision.
Where landfill andlor development is allowed within or adjacent to the one-hundred year
floodplain, the city shall require consideration of the dedication of sufficient open land area for
greenway ad�oining and within the floodplain. This area shall include portions at a suitable
elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan.
The partitioned lots are not within nor adjacent to a one-hundred-year floodplain. Therefore, this
standard does not apply.
An application for a variance to the standards prescribed in this chapter shall be made in
accordance with Chapter 18.370, Variances and Ad�ustments. The applications for the partition
and variance(s)/adjustment(s) will be processed concurrently.
No variances or adjustments have been submitted with this application. Therefore, this standard does
not apply.
Residential Zoning Districts (18.510):
Development standards in residential zoning districts are contained in Table 18.510.2 below:
(See the following page for Table 18.510.2)
NOTICE OF DECI510N MLP2003-00007/HELLER PARTITION PAGE 5 OF 15
TABLE 18.510.2 - DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-4.5 Parcel1 Parcel2
Minimum Lot Size
- Detached unit 5,000 sq.ft. 7,927 sq.ft. 11,372 sq.ft.
- Duplexes 10,000 sq.ft.
-Attached unit 5,000 s .ft.
Average Minimum Lot Width
-Detached unit lots 50 ft. 52 ft. 77 ft.
-Duplex lots 50 ft.
-Attached unit lots 40 ft.
Maximum Lot Covera e 80% --25% Can be met
Minimum Setbacks
-Front yard 20 ft. 31 ft. Can be met
-Side facing street on corner&through lots 15 ft. N/A N/A
-Side yard 5 ft. 5 ft./5 ft. Can be met
- Rear yard 15 ft. 69 ft. Can be met
-Side or rear yard abutting more restrictive zoning district -- N/A N/A
- Distance between property line and front of garage 20 ft. 31 Can be met
-Side Yard Setbacks for Fla Lots DC 18.420.050 A 4 e 10 ft. N/A N/A
Maximum Hei ht 35 ft. 14 ft. Can be met
Minimum Landsca e Re uirement 20% —75% Can be met
As demonstrated in the above table, the development standards of the R-4.5 zone have been met.
Future development will be reviewed through the building permit process to ensure compliance with
the R-4.5 development standards. Setback standards, required by Table 18.510.2 will apply to all
future development of the proposed lots.
Access, Egress and Circulation (18.705):
Continuin� obli�ation of property owner. The provisions and maintenance of access and egress
stipulated in this title are continuing requirements for the use of any structure or parcel of real
property in the City.
The standards of this chapter will be a continuing obligation on the owners of these parcels.
Section 18.705.030.H.1 states that an access report shall be submitted with all new development
proposals which verifies design of driveways and streets are safe by meeting adequate stacking
needs, sight distance and deceleration standards as set by ODOT, Washington County, the City
and AASHTO.
An access rePort has not been submitted, but Staff has visited the site and believes the sight distance
along SW 114th Avenue is adequate. The applicant will be required to provide a sight distance
certification for each proposed driveway location prior to approval of the final plat.
Section 18.705.030.H.2 states that driveways shall not be permitted to be placed in the influence
area of collector or arterial street intersections. Influence area of intersections is that area where
queues of traffic commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet, measured from the right-
of-way line of the intersectin� street to the throat of the proposed drivewa�. The setback may be
�reater depending upon the �nfluence area, as determined from City Engineer review of a traffic
impact report submitted by the applicant's traffic engineer. In a case where a project has less
than 150 feet of street frontage, the applicant must explore any option for shared access with the
adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far
from the intersection as possible.
The site is more than 800 feet from SW Gaarde and 625 feet from SW Bull Mountain Road. This
standard is met.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 6 OF 15
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a
collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall
be 600 feet. The minimum spacing of local streefs along a local street shall be 125 feet.
SW 114"' Avenue is a local street, and no new streets are being created. This standard is therefore met.
Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize
jointly the same access and egress when the combined access and egress of both uses,
structures, or parcels of land satisfies the combined requirements as designated in this title,
provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases
or contracts to establish the joint use• and copies of the deeds, easements, leases or contracts
are placed on permanent file with the G�ity.
No joint access is required. This standard is not applicable.
Public street access. All vehicular access and egress as required in Sections 18.705.030H and
18.705.0301 shall connect directly with a public or private street approved.by the City for public
use and shall be maintained at the required standards on a continuous basis.
All proposed parcels will have access to SW 114�'Avenue, a public street. This standard is met.
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.
Each parcel will have a standard driveway, and none are expected to exceed 150 feet in length or be
steeper than 20% grade. Therefore, there are no specific additional requirements that need to be
applied to the private drives.
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%.
As described above, none of the driveways will exceed 150 feet in length. Therefore these standards
are not necessary.
To provide for increased traffic movement on congested streets and to eliminate turning
movement problems, the Director may restrict the location of drivewa�ys on streets and require
the location of driveways be placed on ad�acent streets upon the finding that the proposed
access would cause or increase existing hazardous traf�ic conditions; or provide inadequate
access for emergency vehicles; or cause hazardous conditions to exist which would
constitute a clear and present danger to the public health, safety, and general welfare.
There are no specific reasons to restrict access or require joint access for this segment of SW 114�'
Avenue.
FINDING: The standards of the access management.chapter have been satisfied with the exception
that the applicant has not fumished a sight distance certification for the new access
location.
CONDITION: The applicant shall provide a sight distance certification from a licensed engineer for the
proposed new access dnveway.
Density Computations (18.715):
A. Definition of net development area. Net development area, in acres, shall be determined
by subtracting the following land area(s) from the gross acres, which is all of the land
included in the legal description of the property to be developed:
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 7 OF 15
1. All sensitive land areas
2. All land dedicated to the public for park purposes;
3. All land dedicated for public ri hts-of-way.
4. All land proposed for pr�vate s�reets; and
5. A lot of at least the size required by the applicable base zoning district, if an existing
dwelling is to remain on the site.
B. Calculating maximum number of residential units. To calculate the maximum number of
residentiaf units per net acre, divide the number of square feet in the net acres by the
minimum number of square feet required for each lot in the applicable zoning district.
C. Calculating minimum number of residential units. As required by Section 18.510.040, the
minimum number of residential units Per net acre shall be calculated b multiplying the
maximum number of units determined in Subsection B above by 80% (0.8�
The standards for Density computation address the intensity of residential land uses, typically
expressed as the number of housing units per acre. The total square footage of the subject property
is 19,602 square feet. There are no sensitive land areas or private streets within the subject
proposal. However, to determine the net developable area, the square footage to accommodate the
existing house on Parcel #2 7,500 �quare feet) is subtracted from the calculation. Additionally, the
area being dedicated along S 114 Avenue (260 square feet) is also subtracted. This results in a
net developable area of 11,842 square feet. As the minimum lot size for the R-4.5 zone is 7,500
square feet, the maximum number of additional residential units (single-family or duplex) is one, plus
the existing house. The minimum num er o additional lots required is zero. The proposed partition
creates 2 separate lots in conformance with the density requirements.
FINDING: Based on the analysis above, the Density Computation Standards have been met.
Landscaping and Screening (18.745):
Street trees: Section 18.745.040
Section 18.745.040.A.: All development projects fronting on a public street, private street or a
private driveway more than 100 feet in length 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.
This proposed pro ect has frontage on SW 114�' Avenue. The driveways serving the proposed lots will
not exceed the 10�-foot length. However, street trees are required along the public streets and shall be
�lanted in acc�rdance with the standards for size and spacing in this title, under Section 18.745.040.C.
ince SW 114 Avenue is not improved with curbs and sidewalks along the frontage, and.will undergo a
street improvement in the future, and since the street improvement has not yet been designed, planting
of street trees will be deferred until the street improvements occur.
FINDING: The requirement for planting street trees is not met.
CONDITION: The applicant shall record a restrictive covenant with each lot that will include a
requirement for planting street trees as part of any future street improvement.
Tree Removal (18.790):
A tree plan or the pia'nting, removal and protection of trees prepared by a certified arborist shall
be provided for any lot,,, parcel or combination of lots or parcels for which a development
application for a subdivision, partition, site development review, planned development or
conditional use is filed. Protection is preferred over removal wherever possible.
The applicant has indicated that there are 4 trees �reater than 12-inch diameter on the property. The
applicant has proposed, removing one, 14-inch diameter Sweetgum. Since this represents a 75%
retention of trees: no mitigation is required. The City Forester, however, notes that a protection plan for
the trees to remam will be required. Therefore, the applicant will be required to submit a protection plan
developed by a certified arborist for the trees to remain. In addition, no building permits for the proposed
Parcel #1 will be issued until the City Arborist can verify that protection measures have been installed
according to the required tree protection plan.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 8 OF 15
FINDING: Based on the analysis above, the Tree Removal Standards have not been met. In order
to meet the standard the applicant shall satisfy the following condition:
CONDITION: Submit a tree protection plan with the building permit application.for Parcel #1, prepared
by a certified arborist for the protection of the trees to remain on Parcel #1. The
applicant/owner shall install the required tree protection measures prior to building permit
issuance.
Visual Clearance Areas (18.7951:
T�iis(, ap er requires fFi�Tear vision area shall be maintained on the corners of all property
adjacent to intersecting right-of-ways or the intersection of a public street and a private
driveway. A clear vision area shall contain no vehicle hedge� plantin , fence, wall structure or
tem porary or permanent obstruction exceeding three �3) feet in heigh� The code provides t'hat
obstructions that may be located in this area sl�all be visually clear between three (3) and ei ht
(8) feet in height. Trees may be placed within this area provided that all branches be�low eight�8)
feet are removed. A visuaf clearance area is the trian�,ular area formed by,measuring from t e
corner, 30-feet along the right of way and along the driveway and connecting these fwo points
with a straight line.
The applicant's site plan shows the vision clearance triangles for the proposed lots. There are several
shrubs along the southern property line that will need to be removed in order to comply with the vision
clearance requirement. This will need to occur prior to final plat approval.
FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards are not
presently met.
CONDITION: The applicanUowner shall remove the shrubs and any other visual obstacles as necessary
that intrude into the vision clearance area as shown on the plans.
Impact Stud 18.390)
��io�� states, "The Director shall make a finding with respect to each of the
following criteria when approving, approving with conditions or denying an application:"
Section 18.390.040 states that the applicant shall provide an impact study to quantify the
effect of development on public facilities and services. For each public facility system and
type of im act, the stud shall propose improvements necessary to meet City standard, and to
minimize �he impact of�he development on the public at large, public facili�ies systems, and
affected private property users.
In situations where the Community Development Code requires the dedication of real property
interests, the applicant shall either specifically concur with a requirement for public right-of-way
dedication, or provide,evidence that supports that the real prope� dedication is not roughly
proportional to the pro�ected impacts of the development., Section 1 390.040 states that when a
condition of approval requires the transfer to the public of an interest in real roperty, the
approval authority shall adopt findings which support the conclusion that the in�erest in real
property to be transferred is roughly proportional to the impact the proposed development will
have on the public.
The ap cant has submitted an impact study. The applicant will not be required to physically improve
SW 11� Avenue since the area has such a limited amount of frontage,.and the majority of the street is
unimproved. However the applicant will be rec�uired to submit a waiver of remonstran&e for future
participation in a Loca� Improvement District (LID) for street improvements on SW 114 Avenue to
mitigate for the addition of 10 vehicle trips from the site. The appficant will be extending sanitary sewer
and-storm drainage connections to the �wo parcels to account for the additional impennous area being
added to the site and to mitigate for the loss of the present septic drainfield. Sewer is already available
and has sufficient capacity to serve the development. Other impacts to public facilities are of�set by the
collection of Systems Development Charg es (5DC's� collected at,the time of buildin� permit.issuance.
Therefore, this standard can be satisfied t�irough mee ing the conditions of approval in his decision.
The Washington County Traffic Impact Fee. (TIF) is a mitigation measure that is required at the time of
developmenf. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy
Expansion/Dolan II/Resolution 95-61, TIF s are expected to recapture 32 percent of the traffic impact of
new development on the Collector and.Arterial Street system. The applicant will be required to pay TIF s
of approximately $2,260 per new dwelling unit.
NOTICE OF DECISION MLP2003-00007MELLER PARTITION PAGE 9 OF 15
Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements
citywide, a fee that would cover 100 percent of this projects traffic impact is $7,062 ($2,260 divided by
.32). The difference befinreen the TIF paid, and the full impact, is considered the unmiti ated impact on
the street system. The unmitigated impact of this project on the transportation system is�4,80� ($7,062-
$2,260): The applicant will be required to dedicate additional right-of-way along SW 114 Avenue
(approximately 260 square feet) for future road improvements. The ap roximate value of unimproved
residentially zoned property is $3.00 per square foot, for a total value of�780.00. Since the unmitigated
impact remaining is $4,022 ($4,802-$780)the required exaction is proportionate.
PUBLIC FACILITY CONCERNS
Street And Utility Improvements Standards (Section 18.810�:
Cha�ter 18.810 provides construction standards for the implementation of public and private
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be
improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion
of an existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a collector street to
have a 35-foot right-of-way width and 23-foot paved section. Other improvements rec�uired may
include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
This site lies adjacent to SW 114th Avenue, which is classified as a local residential street on the City of
Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerlme,
according to the most recent tax assessor's map. The applicant's plan shows they will dedicate
additional ROW to provide 27 feet from the centerline.
Southwest 114�' Avenue is paved but not fully improved to City standards. TMC 18.810.030(A)(1) states
that streets within a development and streets adJacent shall be improved in accordance with City
standards. However, 18.810.030(A)(5) states that tF�e City may accept a future improvement guarantee
in lieu of street improvements if the improvement associated with the project does not, by itself, provide
a significant improvement to the street safety or capacity. Although this development will incrementally
increase the amount of traffic on the roadway, the increase will not substantially degrade the level of
service on the street. A street improvement ad�acent to this site, therefore, will not significantly.improve
the safety or capacity of the street. In addition, 18.810.030(A)(5)(e) states that a guarantee in lieu of
street improvements is acceptable if the proposal is a land partition on property zoned residential and
the partition does not create any new streets. This partition will not create a new street. Based on these
code provisions, Staff therefore recommends that the.applicant be required to enter into an agreement
with the City whereby the owner agrees to participate in any future widening project for the street carried
out by the City, a third party, or through a local improvement district. This agreement must be executed
prior�o approval of the final plat.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be
desi�ned with due regard to providing adequate building sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall
not exceed 1,800 feet measured along the right-of-way line except:
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 10 OF 15
. Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre�xistin development or;
. For blocks adjacen� to arterial streets, limited access highways, major collectors or
railroads.
. For non-residential blocks in which internal public circulation provides equivalent access.
No new streets are being created with this partition, therefore this standard is not applicable.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements
or right-of-ways shall be provided when full street connection is not possible. Spacing between
connections shall be no more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict adherence to other standards
in the code.
Similarly, since no streets are being proposed, and no connections are required, this standard is not
applica6le.
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from beiny more than 2.5 times
the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the
applicable zoning district.
The two parcels are both less than 1.5 times the minimum lot size, in compliance with this standard.
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.
Both lots have greater than 25 feet of public street frontage.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design
standards and be located on both sides of arterial, collector and local residential streets. Private
streets and industrial streets shall have sidewalks on at least one side.
By providing the future improvement guarantee for 114�' Avenue, this criterion will be met.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 1996 and including any future revisions or
amendments) and the adopted policies of the comprehensive plan.
Over-sizin�: Section 18.810.090.0 states that proposed sewer systems shall include
consideration of additional development within the area as projected by the Comprehensive
Plan.
There is an existing 8-inch public sewer line located in 114�' Avenue that has ample capacity to serve
this site. The applicant has been coordinating with the City's contractor for the Gaarde Phase II proJ ect
with regard to extending sewer laterals to these parcels. -The applicant has already obtained a Public
Facility Improvement (PFI) permit that covers the sanitary sewer lateral work.
Storm Drainage:
General Provisions: Section 18.810.100.A states requires developers to make adequate
provisions for storm water and flood water runoff.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 11 OF 15
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other
drainage facility shall be large enough to accommodate potential runoff from its entire upstream
drainage area, whether inside or 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 amendments).
There are no upstream drainage ways 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
draina�e facility, the Director and Engineer shall withhold approval of the development until
provisions have been made for improvement of the potential condition or until provisions have
been made for storage of additional runoff caused by the development in accordance with the
Design and Construction Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or amendments).
Small projects such as residential land partitions, are not required to provide onsite detention.
The applicant's plan callsthfor the drainage for Parcel 1 to be conveyed, to the existing roadside
ditch/culvert system in 114 Avenue. This work was not included in the applicant's existing PFI permit.
They may be able to amend the existing permit versus applying for a new one.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed
bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for
the future extension of such bikeways through the dedication of easements or right-of-way.
SW 114�'Avenue is not a designated bike facility.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surFace mounted transformers, surface mounted connection boxes and
meter cabinets which may be placed above round, tem porary utility service facilities during
construction, high capacity electric lines opera�ing at 50,000 volts or above, and:
. The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
• The City reserves the right to approve location of all surFace mounted facilities;
• All underground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
. Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception.to.Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall
pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a
street where existing utilities which are not underg round will serve the development and the
approval authority determines that the cost and technical difficulty of under-g rounding the
utilities outweighs the benefit of under-grounding in conjunction with the development. The
determination shall be on a case-by�ase basis. The most common, but not the only, such
situation is a short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground utilities facilities. An
applicant for a development which is served by utilities which are not underground and which
are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of
under�rounding.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 12 OF 15
There are existing overhead utility lines along the frontage of SW 114�' Avenue. If the fee in-lieu is
proposed, it is equal to $27.50 per lineal foot of street frontage that contains the ovefiead lines. The
firontage along this site is 130 lineal feet; therefore the fee woufd be $3,575.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
TA D R
Public Water S stem:
is site wil e serve from the City's water line located in SW 114�' Avenue. The home on Parcel 2 is
presently served by this water line. Upon construction of the new home on Parcel 1, the applicant will
need to apply to the City for a new water service.
Storm Water Qualit :
The ity has agree to enforce SurFace Water Management (SWM� regulations established by
Clean Water Services (CWS) Design and Construction Standards adopted .by Resolution and
Order No. 00-7) which require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm
water runoff generated from newly created impervious surfaces. In addition, a maintenance plan
shall be submitted indicating the frequency and method to be used in keeping the facility
maintained through the year.
Small developments, such as residential land partitions, are not required to install an onsite water quality
facility. The builders of the new homes will be required to pay a SDC for storm water treatment.
Address Assi nments:
he ity o igard 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 project, the addressing fee will 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 �he City's global positioning system (GPS) geodetic control network ( C 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
established by:
. GPS tie nefinrorked to the City's GPS survey.
. By random traverse using conventional surveying methods.
In addition, the app.IicanYs as-built drawings shall be tied to the GPS network. The applicant's,engineer
shall provide the City with an electronic file with points for each structure (manholes, catch basins, water
valves, hydrants and other water system features in the development, and their respective X and Y
State Plane Coordinates, referenced to NAD 83 (91�.
SECTION VI. OTHER STAFF COMMENTS
City. of Ti ard Forester has reviewed the proposal and indicates that while no mitigation will be
required, a�ree protection plan must be submitted clarifying how the trees to remain will be preserved.
RESPONSE: This will be required as a condition of approval.
City of Tigard Water Department has reviewed the proposal and has no objections to it.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 13 OF 15
SECTION VII. AGENCY COMMENTS
Clean Water Services has reviewed the proposal and has no objections to it.
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments:
1) SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS: Fire hydrants for single
amily we ings, up exes and sub-divisions, shall be p aced at each intersection. Intermediate
fire hydrants are required,if any portion of a structure exceeds 500 feet from a hydrant at an
intersection as measured in an approved manner around the outside of the structure and along
approved fire apparatus access roadways. Placement of additional fire hydrants shall be as
approved by the Chief. (UFC Sec. 903.4.2.2)
2) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not
more t an eet rom an approve ire apparatus access roadway. (UFC Sec. 903.4.2.4)
3) REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation
o re ective mar ers. e mar ers s all be blue. 1`hey shall be located adjacent and to the side
of the centerline of the access road way that the fire hydrant is located on. In case that there is
no center line, then assume a centerlme, and place the reflectors accordingly. (UFC Sec.
901.4.3)
4) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for
sing e ami y we mgs an up exes s a e , ga ons per minute. If the structure(s) is(are)
3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix
Table A-III-A-1. (UFC Appendix III-A, Sec. 5)
5) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire
apparatus access roadways and ire ighting water supplies shall be installed and operational
prior to any other construction on the site or subdivision. (UFC Sec. 8704)
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice: Notice was mailed to:
X The applicant and owners
� Owner of record within the required distance
X Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON JUNE 18, 2003 AND BECOMES
EFFECTIVE ON JULY 3, 2003 UNLESS AN APPEAL IS FILED.
T�A eal:
ector's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may
appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard 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 91223.
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 14 OF 15
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 �roperly raised in the Notice of Appeal may
be submitfed by any party during the appeal hearing, sub�ect to any additional rules of procedure that
may be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JULY 2, 2003.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503) 639-4171.
,�I �
� ;� -+o � ���"'� 1 2003
� June i.
PREPARED BY: Morgan Tracy DATE
Associate Planner
� �-�C June 18, 2003
APPROVED BY: Richard Bewersdorff DATE
Planning Manager
i:kxarpinlmorgan\woricspacelmlplmlp2003-00007(heller)�rnIp2003-00007 deasion.doc
NOTICE OF DECISION MLP2003-00007/HELLER PARTITION PAGE 15 OF 15
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srr�a r�N N HELLER PARTITION
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. . EXHIBIT �
Arlene Heller th MLP2003-00007
14340 SW 114 Avenue HELLER PARTITION
Tigard, OR 97224
,. � ,
AFFIDAVIT OF MAILING CITYOPTIGARD
Community 1�rvelopraeiit
SfiapingA Better�ommunity
I, �Pat�icia L. Lunsford being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative Specr'aGst for
the �'ity of�I'rgarc�'Waskington County, Oregon and that I served the following:
{Cnedc nppiopnate Box(sl8ebw)
0 NOTICE OF DECISION FOR: MLP2003-00001/HELLER PARTITION
❑ AMENDED NOTICE (File NoJName 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 FJlhlbli"B",and by reference made a part
hereof, on lune 1s,2003,and deposited in the United States Mail on 1011C 18,2003, postage prepaid.
��
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�_ � � _..% / l
(Person that Pr red Notice) ,
L%
,57,A2�E OF'O�GON �
County of'Wasjington )ss
�'ity of?igar�f �
Subscribed and sworn/affirmed before me on the �� day of � , 2003.
�
OFFICIAL SEAL
d �" J BENQTSON
! NOTARY PUBLIGOREGON
� COMMIS510N N0.368086 �t
,`MY COMMISSION�XPIRES APR.27,2007 ,//� � G.
v
My Commission Expires: �
� - �iBir
NOTICE OF TYPE II DECISION
,,�
MINOR LAND PARTITION (MLP) 2003-00007 -
CITY OF TIOARD
HELLER PARTITION Community��evefopment
SkapingA BetterCommunity
120 DAYS =8/28/2003
SECTION I. APPLICATION SUMMARY
FILE NAME: HELLER PARTITION
CASE NO: Minor Land Partition (MLP) MLP2003-00007
PR�POSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
19,602 square foot lot into two (2) parcels for detached single-family residences.
An existing single-family dwelling exists on the subject parcel and is proposed to
remain on Parcel #1 in compliance with all setback requirements.
APPLICANT: Arlene Heller OWNER: Same
14340 SW 114'h Avenue
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
residential units at a minimum lot size of 7,500 square feet. Duplexes and
attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally.
LOCATION: 14340 SW 114th Avenue; WCTM 2S110AB, Tax Lot 2000.
PROPOSED PARCEL 1: 7,927 Square Feet.
PROPOSED PARCEL 2: 11,372 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and
Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree
Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility
Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in the full decision, available at City Hall.
�'i-iiij f+►�-i-wcG�A� Sirri�►�� �E v��►��f`�i F�R 181fA�I�tTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
All documents and applicable criteria in the above-noted file are available for inspection at no cost or �I
copies can be obtained for twenty-five cents (25�) per page, or the current rate charged for copies at the
time of the request.
SECTION III. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice mailed to:
X The applicant and owners
� Owner of record within the required distance
—R— Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON JUNE 18, 2003 AND BECOMES
EFFECTIVE ON JULY 3, 2003 UNLESS AN APPEAL IS FILED.
A�peal:
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may
appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community
Development Code which provides that a written appeal together with the required fee shall be filed
with the Director within ten (10) business days of the date the Notice of Decision was mailed. The
appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, subject to any additional rules of procedure that
may be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JULY 2, 2003.
Questions:
For further information please contact the Planning Division Staff Planner, Morqan Tracv at
(503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
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2S t t OAB-05300 2S110A6-01000 EXH t B IT�
AHL DARRELL J&TINA M BURTON ROBERT 8 SHIRLEY M
11433 SW JACKIE CT 14245 SW 112TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S 110AB-00100 2S 110AB-05200
ALRANCO INC CARLSON DARIN LEE&
BY JOHN R RICHES JENNIFER MARIE
2601 ORCHARD HEIGHTS RD NW 14155 SW 114TH AVE
SALEM,OR 97304 TIGARD,OR 97224
2S 110A6-03600 2S 110AC-01700
ANDERSON TIMOTHY C&BECKIE L CHRIST THE KING
14245 SW 114TH AVE LUTHERAN CHURCH
TIGARD,OR 97224 11305 SW BULL MTN RD
TIGARD,OR 97224
25110AB-00900 2S 110AB-0350U
BANKSTON CHARLENE DETTRA JOHN H JRlBARBARA J
15686 SW 116TH 14255 SW 114TH AVE
PMB 209 TIGARD,OR 97224
PORTLAND,OR 97224
2S 110AB-02600 2S 11 OAC-02500
BECK KRISTIN L EDIN PHILLIP R&
14425 SW 11TH AVE EDIN NANCY LIVING TRUST THE
TIGARD,OR 97224 BY PHILLIP R EDIN TR
11401 SW LAUREL GLEN CT
TIGARD,OR 97224
2S 110A8-05400 2S 110AB-01400
BECK MICHAEL W 8 JENNIFER L FINLEY CARL UMARGARET E TRS
11455 SW JACKIE CT 11260 SW GAARDE
TIGARD,OR 97224 TIGARD,OR 97224
2S 110A6-01300 2S 110AB-02207
BENAGNI JOHN M FIRST CHURCH OF CHRIST
14175 SW 112TH AVE SCIENTIST TIGARD OREGON
TIGARD,OR 97224 14325 SW 112TH AVE
TIGARD,OR 97224
2S 17 OAB-01800 2S 17 OABA3000
BLANK ARDITH H FLOREN VERNON/MAGDALENA
14260 SW 114TH AVE 14325 SW 114TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
zs i i oAe-0zsoo 2S 110AB-01700
BOYER JEFFREY A GUNTER MICHAEL R
14335 SW 114TH AVE 14220 SW 114TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S 110AB-03100 2S 1106A-08700
BURNETTE DAVID G&THERESA ANN HAAS DAVID B&KAREN A
14305 SW 114TH AVE 14237 SW 116TH TERR
TIGARD,OR 97224 TIGARD,OR 97223
2S 110AB-02500 2S 110AB-01900
HAMPTON HILL E BARBARA A LEFFLER RICHARD D
14465 SW 114TH AVE 14292 SW 114TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2 110A8-05 2S 110BA-03100
HA K ADOWS OWNERS OF LOPER ROBERT E AND JULLE A
LOT 1 11530 SW CLOUD CT
TIGARD,OR 97224
2S 110AB-02000 2S 110A6-03300
HE�LER ARLENE MACK JOSEPH P AND
14340 SW 114TH AVE KAY D
TIGARD,OR 97224 14265 SW 114TH AVE
TIGARD,OR 97223
2S 110A8-05100 2S 110AB-03200
HIERSCHE RONALD DAVID 8 MARTIN VERNE S&ELLEN TRS
SUSAN D 14285 SW 114TH
11422 SW COLE LN TIGARD,OR 97224
TIGARD,OR 97223
2S 110AB-02100 2S110BA-08600
HOLLISTER BRUCE L TRUST MCCALLIE FRANKLIN BRYCE 8
BY HOLLISTER BRUCE TR REBECCA MICHELLE
14380 SW 114TH AVE 14260 SW 116TH TERR
TIGARD,OR 97224 TIGARD,OR 97224
2S 110A8-00400 2S110AB-01200
HOUSING AUTHORITY OF WASHINGTON MILES ALICE M
BY HENRY ALVAREZ 10825 SW FONNER
111 NE LINCOLN STE#200L TIGARD,OR 97223
HILLSBORO,OR 97124
2S 110AB-02800 2S 1106A-O8500
HUGUS ZONA GAY MITCHELL RICHARD L&KAREN T
14355 SW 114TH AVE 14198 SW 116TH TER
TIGARD,OR 97223 TIGARD,OR 97224
2S110AC-02300 2S110AB-05600
KANDIAR RAMAMOORTHY S& MORRIS LANCE OWEN
KANCHANAMALA R 7249 N 23RD PL
11467 SW LAUREL GLEN CT PHOENIX,AZ 8502a
TIGARD,OR 97223
2S 110AB-02300 2S 110AB-00600
KOGAN IRINA F MORRIS LELAND G 8 URSULA W
14420 SW 114TH AVE 14295 SW 112TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S 710A6-00200 2S 17 OAB-01100
KOLVE G C PERO CHRISTINE ELISE
14389 SW PACIFIC HWY 14215 SW 112TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S 110AB-02700 2S 11 OAB-05700
PHAM LAN N& STINSON KEITH 8
NGUYEN PHUONG BICH JULIE J
14365 SW 114TH AVE 11430 SW JACKIE CT
TIGARD,OR 97224 TIGARD,OR 97224
2S 110BA-00100 2S 110BA-03500
QUANDT LINDA J STOHR PENN RAYMOND TR
11500 SW COLE LN 11575 SW CLOUD CT
TIGARD,OR 97223 TIGARD,OR 97224
2S 110BA-096 2S 110AB-00700
D INDA J TENLY PROPERTIES CORP
1150 W COLE LN PO BOX 927
ARD, 97223 HILLSBORO,OR 97123
2S110AB-05500 2S110BA-03400
RUSSELL ROBERT S&KATHLEEN A TRUEAX FRED E ESTATE OF&
11470 SW JACKIE CT TIGARD CITY OF
TIGARD,OR 97224 13125 SW HALL BLVD
TIGARD,OR 97223
2S 17 DAB-05800 2S 110BA-03300
SAIDEEPANE CHANTHA K&SEE S WALSH ROBERT E AND
11410 SW JACKIE CT SHARLA J
TIGARD,OR 97224 11545 SW CLOUD CT
TIGARD,OR 97223
2S 17 OAC-02400 2S 710A8-00800
SIMELES TAZAN& WEST KENNETH E 8 JENNIFER A
NGUYEN MY 14275 SW 112TH AVE
11425 SW LAUREL GIEN CT TIGARD,OR 97224
TIGARD.OR 97223
2S170A8-02202
SNYDER DERON VERN
164 CULVER DR
GRANTS PASS,OR 97526
2S 110BA-03200
SORENSEN ALLEN C&CATHIE A
11515 SW CLOUD CT
TIGARD,OR 97223
2S 110A6-02200
SPINELLI JEANETTE Y 8 DAVID J
14315 SW 112TH
TIGARD,OR 97224
2S770BD-00100
ST JAMES EPISCOPAL CHURCH
PO BOX 23033
TIGARD,OR 97223
Jack Biethan
11023 SW Summerfield Drive#4
Tigard, OR 97224
Brooks Gaston
10272 SW Meadow Street
Tigard, OR 97223
Don & Dorothy Erdt
13760 SW 121st Avenue
Tigard, OR 97223
Ellen Beilstein
14630 SW 139�Avenue
Tigard, OR 97224
Martha Bishop
10590 SW Cook Lane
Tigard, OR 97223
Vanessa Foster
13085 SW Howard Drive
Tigard, OR 97223
Susan Beilke
11755 SW 114"� Place
Tigard, OR 97223 �
Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Patricia Keerins
12195 SW 121 st Avenue
Tigard, OR 97223
CITY OF TIGARD - fENTRAI fIT SUBCOMMITfEE �i:lcurpinlsetupllabels\CIT Central.doc) UPDATED: November 27, 2002
AFFIDAVIT OF MAILING �
CITY OF TIOARD
Community�Development
SkapingA BettesCommunity
I, �Patricia L. Gu orQ being first duly sworn/affirm, on oath depose and say that I am a SeniorAcfminutratr'veSpeciaGstfor
the �ity of?�cgar�`Was(zington County, Oregon and that I served the following:
tcr�edc n�oo�oriae eox�el eeww)
0 NOTICE OF PENDIN6 LAND USE APPLICATION FOR: MLP2003-00007/HELLER PARTITION
� AMENDED NOTICE (FileNo.lNameReference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhiblt"A",and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Exhibit'B",and by reference made a part
hereof, on May 23,2003,and deposited in the United States Mail on May 23,2003, postage prepaid.
�
-�,��~ .�c°
(Pers � at P ared otice)
S2"A2tE o�'O�EGoN )
County of'iNashington )ss.
�'ity of Tigard )
Subscribed and sworn/affirmed before me on the � day of , 2003.
''9 OFFICIAL SEAL
� n J BENGTSON
/ NOTARY PUBUC-OREGON �
`MY COMM�SION E�XP RES APR.27,2pp7
My Commission Expires: � �
NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: EXHIBlT�
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
NOTICE OF PENDING LAND USE APPLICATION CITYOFTIGARD
M I N 0 R LAN D PARTITI 0 N Community�DeveCopment
ShapingA Better�ommunity
DATE OF NOTICE: May 23, 2003
FILE NUMBER: MINOR LAND PARTITION (MLP) 2003-00007
FILE NAME: HELLER PARTITION
PROPOSAL: The applicant is requesting Minor Land Partition approval to partition one (1) existing 19,602
square foot lot into two (2) parcels for detached single-family residences. An existing
single-family dwelling is sited on the subject parcel and is proposed to remain on Parcel #1
in compliance with all setback requirements.
ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at
a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are
permitted conditionally. Some civic and institutional uses are also permitted conditionally.
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390,
18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810.
LOCATION: 14340 SW 114'h Avenue; WCTM 2S110A6, Tax Lot 2000.
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 9, 2003. All comments should be directed to Morgan Tracy, Associate Planner in the Planning
Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard
by telephone at (503) 639-4171.
ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED
ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS.
THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS
WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE
IS TENTATIVELY SCHEDULED FOR JUNE 27, 2003. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A
COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED.
WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN
THE FOLLOWING INFORMATION:
. Address the specific "Applicable Review Criteria" described in the section above or any other criteria
believed to be applicable to this proposal;
. Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to
provide a response;
. Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant
approval criteria with sufficient specificity on that issue.
Failure of any party to address the relevant approval criteria with sufficient specificity may preclude
subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings
directed at the relevant approval criteria are what constitute relevant evidence.
AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE
DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN
500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE
ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED
UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH
CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION.
SUMMARY OF THE DECISION-MAKING PROCESS:
. The application is accepted by the City
. Notice is sent to property owners of record within 500 feet of the proposed development area allowing a
14-day written comment period.
. The application is reviewed by City Staff and affected agencies.
. City Staff issues a written decision.
. Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all
owners of record of property located within 500 feet of the site, as shown on the most recent property tax
assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any
governmental agency which is entitled to notice under an intergovernmental agreement entered into with the
City which includes provision for such notice or anyone who is otherwise entitled to such notice.
INFORMATION/EVIDENCE AVAILABLE FOR REVIEW:
The application, written comments and supporting documents relied upon by the Director to make this decision are
contained within the record and are available for public review at the City of Tigard Community Development
Department. Copies of these items may be obtained at a cost of$.25 per page or the current rate charged for this
service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of
this Notice under the section titled "Your Right to Provide Written Comments."
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AHL DARRELL J&TINA M BURTON ROBERT&SHIRLEY M EXHIBIT�
11433 SW JACKIE CT 14245 SW 112TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S 110AB-00100 2S 110A6-05200
ALRANCO INC CARLSON DARIN LEE&
BY JOHN R RICHES JENNIFER MARIE
2601 ORCHARD HEIGHTS RD NW 14155 SW 114TH AVE
SALEM,OR 97304 TIGARD,OR 97224
2S 110AB-03600 2S 110AC-01700
ANDERSON TIMOTHY C&BECKIE L CHRIST THE KING
14245 SW 114TH AVE LUTHERAN CHURCH
TIGARD,OR 97224 11305 SW BULL MTN RD
TIGARD,OR 97224
2S 110AB-00900 2S 110A6-03500
BANKSTON CHARLENE DETTRA JOHN H JR/BARBARA J
15686 SW 116TH 14255 SW 114TH AVE
PMB 209 TIGARD,OR 97224
PORTLAND,OR 97224
2S110A8-02600 2S110AC-02500
BECK KRISTIN L EDIN PHILLIP R&
14425 SW 11TH AVE EDIN NANCY LIVING TRUST THE
TIGARD,OR 97224 BY PHILLIP R EDIN TR
11401 SW LAUREL GLEN CT
TIGARD,OR 97224
2S 110A6-05400 25110A8-01400
BECK MICHAEL W&JENNIFER L FINLEY CARL UMARGARET E TRS
11455 SW JACKIE CT 11260 SW GAARDE
TIGARD,OR 97224 TIGARD,OR 97224
2S 110AB-01300 2S 110AB-02201
BENAGNI JOHN M FIRST CHURCH OF CHRIST
14175 SW 112TH AVE SCIENTIST TIGARD OREGON
TIGARD,OR 97224 14325 SW 112TH AVE
TIGARD,OR 97224
2S110AB-01800 2S110AB-03000
BLANK ARDITH H FLOREN VERNONlMAGDALENA
14260 SW 114TH AVE 14325 SW 114TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S 110AB-02900 2S 110AB-01700
BOYER JEFFREY A GUNTER MICHAEL R
14335 SW 114TH AVE 14220 SW 114TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S110AB-03100 2S110BA-08700
BURNETTE DAVID G 8 THERESA ANN HAAS DAVID B 8 KAREN A
14305 SW 114TH AVE 14237 SW 116TH TERR
TIGARD,OR 97224 TIGARD,OR 97223
2S 110A6-02500 2S 110AB-01900
HAMPTON HILL E BARBARA A LEFFLER RICHARD D
14465 SW 114TH AVE 14292 SW 114TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2 110AB-05 2S 1106A-03700
HA K ADOWS OWNERS OF LOPER ROBERT E AND JULLE A
LOT 1 11530 SW CLOUD CT
TIGARD,OR 97224
2S 17 OAB-02000 2S 110AB-03300
HELLER ARLENE MACK JOSEPH P AND
14340 SW 114TH AVE KAY D
TIGARD,OR 97224 14265 SW 114TH AVE
TIGARD,OR 97223
2S 110ABA5100 2S 110AB-03200
HIERSCHE RONALD DAVID& MARTIN VERNE S&ELLEN TRS
SUSAN D 14285 SW 114TH
11422 SW COLE LN TIGARD,OR 97224
TIGARD,OR 97223
2S 110A6-02100 2S 1108A-08600
HOLLISTER BRUCE L TRUST MCCALLIE FRANKLIN BRYCE&
BY HOLLISTER BRUCE TR REBECCA MICHELLE
14380 SW 114TH AVE 14260 SW 116TH TERR
TIGARD,OR 97224 TIGARD,OR 97224
2S 110AB-00400 2S 110A8-O7 200
HOUS�NG AUTHORITY OF WASHINGTON MILES ALICE M
BY HENRY ALVAREZ 10825 SW FONNER
111 NE LINCOLN STE#200L TIGARD,OR 97223
HILLSBORO,OR 97124
2S110AB-02800 2S110BA-08500
HUGUS ZONA GAY MITCHELL RICHARD L&KAREN T
14355 SW 114TH AVE 14198 SW 116TH TER
TIGARD,OR 97223 TIGARD,OR 97224
2S 110AC-02300 25110AB-05600
KANDIAR RAMAMOORTHY S& MORRIS LANCE OWEN
KANCHANAMALA R 7249 N 23RD PL
11467 SW LAUREL GLEN CT PHOENIX,AZ 85020
TIGARD,OR 97223
2S110AB-02300 2S110AB-00600
KOGAN IRINA F MORRIS LELAND G&URSULA W
14420 SW 114TH AVE 14295 SW 112TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S 710AB-00200 2S 110A8-07100
KOLVE G C PERO CHRISTINE ELISE
14389 SW PACIFIC HWY 14215 SW 112TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S 110AB-02700 2S 110AB-05700
PHAM LAN N& STINSON KEITH&
NGUYEN PHUONG BICH JULIE J
14365 SW 114TH AVE 11430 SW JACKIE CT
TIGARD,OR 97224 TIGARD,OR 97224
2S1108A-00100 25110BA-03500
QUANDT LINDA J STOHR PENN RAYMOND TR
11500 SW COLE LN 11575 SW CLOUD CT
TIGARD,OR 97223 TIGARD,OR 97224
2S 110BA-096 2S 110AB-00700
D INDA J TENLY PROPERTIES CORP
1150 W COLE LN PO 80X 927
ARD, 97223 HILLSBORO,OR 97123
2S 17 OAB-05500 2S 1108A-03400
RUSSELL ROBERT S&KATHLEEN A TRUEAX FRED E ESTATE OF&
11470 SW JACKIE CT TIGARD CITY OF
TIGARD,OR 97224 13125 SW HALL BLVD
TIGARD,OR 97223
2S 110AB-05800 2S 110BA-03300
SAIDEEPANE CHANTHA K&SEE S WALSH ROBERT E AND
11410 SW JACKIE CT SHARLA J
TIGARD,OR 97224 11545 SW CLOUD CT
TIGARD,OR 97223
2S 110AC-02400 2S 110AB-00800
SIMELES TAZAN& WEST KENNETH E&JENNIFER A
NGUYEN MY 14275 SW 112TH AVE
11425 SW LAUREL GLEN CT TIGARD,OR 97224
TIGARD,OR 97223
2S110AB-02202
SNYDER DERON VERN
164 CULVER DR
GRANTS PASS,OR 97526
2S110BA-03200
SORENSEN ALLEN C 8 CATHIE A
11515 SW CLOUD CT
TIGARD,OR 97223
2S110AB-02200
SPINELLI JEANETTE Y 8 DAVID J
14315 SW 112TH
TIGARD,OR 97224
2S110BD-00100
ST JAMES EPISCOPAL CHURCH
PO BOX 23033
TIGARD,OR 97223
Jack Biethan
11023 SW Summerfield Drive#4
Tigard, OR 97224
Brooks Gaston
10272 SW Meadow Street
Tigard, OR 97223
Don & Dorothy Erdt
13760 SW 121 st Avenue
Tigard, OR 97223
Ellen Beilstein
14630 SW 139�Avenue
Tigard, OR 97224
Martha Bishop
10590 SW Cook Lane
Tigard, OR 97223
Vanessa Foster
13085 SW Howard Drive
Tigard, OR 97223
Susan Beilke
11755 SW 114th Place
Tigard, OR 97223
Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Patricia Keerins
12195 SW 121st Avenue
Tigard, OR 97223
CITY OF TIGARD - fENTRAL fIT SUBCOMMITfEE (i:lcurpinlsetup\labels\CIT Central.doc) UPDATED: November 27, 2002
� �EO�a • . ,
�PMIC INFORM�TION SYSLEM
E ST AREA NOTIFIED
� (50�')
G,��
anw�ww a�ruww�
uwu ———————————
FOR: Arlene Heller
n�� ��� ��
„,��; RE: 14340 114th Ave.
n,�,� ��� (2S110A6, 2000)
� ��� �,�, ___________
� �
nnwaew xnw�cw
nnwenM
nnwiatM anw�w�nw�„� nnwnw
nnwus� niw�wow
n,+w.w. Property owner information
is valid for 3 months from
,�„�,� the date printed on this map.
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n� 0 100 200 300 Feet
LAUREL GLE 1"=248 feet
a,.rw.� CT
City ofTigard
Infortnatbn on this map is for peneral localian only and
� s�ould be verified Nith the Develoqnent Servicea Division.
73125 SW HaII 81vd
Tigard,OR 97223
(503)639-1171
• hrip:/M1www.ci.tigard.or.ua
Community Development Plot date:Mar 26,2003;C:MagicIMAGIC03.APR
2S110AB-05300 2S110AB-01000
AHL DARRELL J&TINA M BURTON ROBERT&SHIRLEY M
11433 SW JACKIE CT 14245 SW 112TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S110AB-00100 2S110A8-05200
ALRANCO INC CARLSON DARIN LEE&
BY JOHN R RICHES JENNIFER MARIE
2601 ORCHARD HEIGHTS RD NW 14155 SW 114TH AVE
SALEM,OR 97304 TIGARD,OR 97224
2S 110AB-03600 2S 110AC-01700
ANDERSON TIMOTHY C&BECKIE L CHRIST THE KING
14245 SW 114TH AVE LUTHERAN CHURCH
TIGARD,OR 97224 11305 SW BULL MTN RD
TIGARD,OR 97224
2S110A6-00900 2S110A8-03500
BANKSTON CHARLENE DETTRA JOHN H JR/BARBARA J
15686 SW 116TH 14255 SW 114TH AVE
PMB 209 TIGARD,OR 97224
PORTLAND,OR 97224
2S 110A6-02600 2S 110AC-02500
BECK KRISTIN L EDIN PHILLIP R&
14425 SW 11TH AVE EDIN NANCY LIVING TRUST THE
TIGARD,OR 97224 BY PHILLIP R EDIN TR
11401 SW LAUREL GLEN CT
TIGARD,OR 97224
2S110A8-05400 2S110A8-01400
BECK MICHAEL W&JENNIFER L FINLEY CARL UMARGARET E TRS
11455 SW JACKIE CT 11260 SW GAARDE
TIGARD,OR 97224 TIGARD,OR 97224
2S 110A8-01300 2S 110AB-02201
BENAGNI JOHN M FIRST CHURCH OF CHRIST
14175 SW 112TH AVE SCIENTIST TIGARD OREGON
TIGARD,OR 97224 14325 SW 112TH AVE
TIGARD,OR 97224
2S 110AB-01800 2S 110AB-03000
BLANK ARDITH H FLOREN VERNON/MAGDALENA
14260 SW 114TH AVE 14325 SW 114TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S110AB-02900 2S110A8-01700
BOYER JEFFREY A GUNTER MICHAEL R
14335 SW 114TH AVE 14220 SW 114TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S'110AB-03100 2S110BA-08700
BURNETTE DAVID G&THERESA ANN HAAS DAVID B&KAREN A
14305 SW 114TH AVE 14237 SW 116TH TERR
TIGARD,OR 97224 TIGARD,OR 97223
. �
2S 110A8-02500 2S110AB-01900
HAMPTON HILL E BARBARA A LEFFLER RICHARD D
14465 SW 114TH AVE 14292 SW 114TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2 110AB-05 2S 1108A-03100
HA K ADOWS OWNERS OF LOPER ROBERT E AND JULLE A
LOT 1 11530 SW CLOUD CT
TIGARD,OR 97224
2S 110AB-02000 2S 110A6-03300
HELLER ARLENE MACK JOSEPH P AND
14340 SW 114TH AVE KAY D
TIGARD,OR 97224 14265 SW 114TH AVE
TIGARD,OR 97223
2S 110AB-05100 2S 110AB-03200
HIERSCHE RONALD DAVID& MARTIN VERNE S&ELLEN TRS
SUSAN D 14285 SW 114TH
11422 SW COLE LN TIGARD,OR 97224
TIGARD,OR 97223
2S 110AB-02100 2S 1108A-08600
HOLLISTER BRUCE L TRUST MCCALLIE FRANKLIN BRYCE&
BY HOLLISTER BRUCE TR REBECCA MICHELLE
14380 SW 114TH AVE 14260 SW 116TH TERR
TIGARD,OR 97224 TIGARD,OR 97224
2S110AB-OD400 2S 710AB-01200
HOUSING AUTHORITY OF WASHINGTON MILES ALICE M
BY HENRY ALVAREZ 10825 SW FONNER
111 NE LINCO�N STE#200L TIGARD,OR 97223
HILLSBORO,OR 97124
2S 110AB-02800 2S 1106A-08500
HUGUS ZONA GAY MITCHELL RICHARD L&KAREN T
14355 5W 114TH AVE 14198 5W 116TH TER
TIGARD,OR 97223 TIGARD,OR 97224
zs i i oac-ozsoo 2S 110AB-05600
KANDIAR RAMAMOORTHY S& MORRIS LANCE OWEN
KANCHANAMALA R 7249 N 23RD PL
11467 SW LAUREL GLEN CT PHOENIX,AZ 85020
TIGARD,OR 97223
2S 110AB-02300 2S 110AB-D0600
KOGAN IRINA F MORRIS LELAND G&URSULA W
14420 5W 114TH AVE 14295 SW 112TH AVE
TIGARD,OR 97224 TIGARO,OR 97224
2S110A6-00200 25110AB-01100
KOLVE G C PERO CHRISTINE ELISE
14389 SW PACIFIC HWY 14215 SW 112TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
. �
2S 17 OAB-02700 2S 110AB-05700
PHAM LAN N& STINSON KEITH&
NGUYEN PHUONG BICH JULIE J
14365 SW 114TH AVE 11430 SW JACKIE CT
TIGARD,OR 97224 TIGARD,OR 97224
2S 110BA-0O100 2S 1106A-03500
QUANDT LINDA J STOHR PENN RAYMOND TR
11500 SW CO�E LN 11575 SW CLOUD CT
TIGARD,OR 97223 TIGARD,OR 97224
2S 110 BA-096 2S 110AB-00700
D INDA J TENLY PROPERTIES CORP
1150 W COLE LN PO BOX 927
ARD, 97223 HILL5BOR0,OR 97123
2S110AB-05500 2S110BA-03400
RUSSELL ROBERT S&KATHLEEN A TRUEAX FRED E ESTATE OF&
11470 SW JACKIE CT TIGARD CITY OF
TIGARD,OR 97224 13125 SW HALL BLVD
TIGARD,OR 97223
2S 110AB-05800 2S 1106A-03300
SAIDEEPANE CHANTHA K&SEE S WALSH ROBERT E AND
11410 SW JACKIE CT SHARLA J
TIGARD,OR 97224 11545 SW CLOUD CT
TIGARD,OR 97223
2S 110AC-02400 2S 110AB-00800
SIMELES TAZAN& WEST KENNETH E&JENNIFER A
NGUYEN MY 14275 SW 112TH AVE
11425 SW LAUREL GLEN CT TIGARD,OR 97224
TIGARD,OR 97223
25110A6-02202
SNYDER DERON VERN
164 CULVER DR
GRANTS PASS,OR 97526
2S110BA-03200
SORENSEN ALLEN C&CATHIE A
11515 SW CLOUD CT
TIGARD,OR 97223
2S 1 t oA8-a22oo
SPINELLI JEANETTE Y&DAVID J
14315 SW 112TH
TIGARD,OR 97224
2si�oB�-oo�oo
ST JAMES EPISCOPAL CHURCH
PO BOX 23033
TIGARD,OR 97223
Jack Biethan
11023 SW Summerfield Drive#4
Tigard, OR 97224
Brooks Gaston
10272 SW Meadow Street
Tigard, OR 97223
Don & Dorothy Erdt
13760 SW 121 st Avenue
Tigard, OR 97223
Ellen Beilstein
14630 SW 139th Avenue
Tigard, OR 97224
Martha Bishop
10590 SW Cook Lane
Tigard, OR 97223
Vanessa Foster
13085 SW Howartl Drive
Tigard, OR 97223
Susan Beilke
11755 SW 114� Place
Tigard, OR 97223
Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Patricia Keerins
12195 SW 121 st Avenue
Tigard, OR 97223
CITY OF TIGARD - CENTRAL CIT SUBfOMMITTEE �i:lcurpinlsetup\IabeIslCIT Central.doc) UPDATED: November 27, 2002
CITY Of TIGARD
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIYISION CITYOFTIGARD
I 3125 SW HALL BOULEVARD Community�DeveCopment
TIGARD, OREGON 91223 ,SkapingABetterComncunity
PHONE: 503-639-4171 FAX: 503-684-7191 (Attn: Patty/Planning)
° Q 0 ° 00 00 ° ° 0 ° � ° 0 ° ! [�� �
Property owner information is valid for 3 months from the date of your request
INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1s134Ag, Tax�ot 00100) OR THE
ADDRESSES FOR ALL PROJECT PARCELS BELOW:
f '�3 � � S �.e� l l � f�' c�� �� �U�-��, .�r����)
� � � 9� �a
INDICATE WHETHER YOU ARE REQUESTING 1, 2 OR 3 SETS OF LABELS: ;�
(NOTE: A minimum of 2 sets of labels will be provided (unless only holding a neighborhood meeting at this time) to place on
your 2 sets of envelopes that applicants are required to submit at the time of application submittal. If a neighborhood
meeting is required and you have not yet held that meeting, you can request 3 sets provided your land use application will be
submitted and deemed complete by the Planning Division within 3 months from this request.)
NAME OF CONTACT PERSON: �r���1� �-�� /�e r� PHONE: �03 -� 3 �I - � �°� G
This request may be mailed, faxed or hand delivered to the City of Tigard. Please allow a
2-day minimum for processing requesfs. Upon compl�etion of y,our request, the contact person will be
called to pick up their request that will be placed in Will CaIP by their last name, at the Community
Development Reception Desk. .
The cost of processing your request must be paid at the time of pick up, as exact cost can not be
pre-determined.
PLEASE NOTE: BYR HE C T�Y VS RE TYPED MA�IL�ING LABEL�S WILLABE ACCEPTED.PROVIDED
Cost Description:
$11 to generate the mailing list, plus$2 per sheet for printing the list onto labels(20 addresses per sheet).
Then, multi I the cost to rint one set of labels b the number of sets re uested.
EXAMPLE COST FOR THIS REQUEST
4 sheets of labels x$2/sheet= 8.00 x 2 sets= $16.00 �sheet(s)of labels x$2/sheet=�x � sets= ��
2 sheets of labels x$2/sheet for CIT area x 2 sets=$ 4.00 �sheet(s)of labels x$2lsheet for,ClT area=�x % sets= �
GENERATE LIST = 11. 0 �,� GENERATE LIST =
� �
TOTAL =$31.00 r�k('rr TOTAL $
CITY OF TIGARD
�'ommunity DeveCopment
S(apingA�etterCommunity
LAND USE PROPOSAL DESCRIPTION
120 DAYS = 8/28/2003
FILE NOS.: MINOR LAND PARTITION (MLP) 2003-00007
FILE TITLE: HELLER PARTITION
APPLICANT/ Arlene Heller
OWNER: 14340 SW 114�' Avenue
Tigard, OR 97224
REQUEST: The applicant is requesting Minor Land Partition approval to partition one (1) existing
19,602 square foot lot into finro (2) parcels for detached single-family residences. An
existing single-family dwelling is sited on the subject parcel and is proposed to remain
on Parcel #1 in compliance with all setback requirements.
LOCATION: 14340 SW 114th Avenue; WCTM 2S110AB, Tax Lot 2000.
ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family
units are permitted conditionally. Some civic and institutional uses are also permitted
conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715,
18.745, 18.765, 18.790, 18.795 and 18.810.
CIT AREA: West
DECISION MAKING BODY BELOW: ❑ TYPE I � TYPE II ❑ TYPE III ❑ TYPE IV
DATE COMMENTS WERE SENT: MAY 23, 2003 DATE COMMENTS ARE DUE: JUNE 9, 2003
❑HEARINGS OFFICER [MONJ DATE OF HEARING: TIME: ]:OOPM
❑PLANNING COMMISSION [MONJ DATE OF HEARING: TIME: 1:OOPM
❑CITY COUNCIL [TIIESJ DATE OF HEARING: TIME: 1:30PM
�STAFF DECISION [TENTATIV� DATE OF DECISION: JUNE 27, 2003
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
� VICINITY MAP ❑ HYDRAULIC CALCS. ❑ ARBORIST REPORT
� SITE PLAN ❑ UTILITY PLAN � IMPACT STUDY
� NARRATIVE ❑ GRADING PLANS � OTHER:
STAFF CONTACT: Morgan Tracy, Associate Planner (503) 639-4171, Ext. 2428
.�.
PRE,APP.HEI.D BY:
C�TI( 4F TiGA�RD PLANNING DIVfSl��N�
131�5.-S11.171-�i�#LL BOl1LEVARD TIGARD, OR 9�7�23-8189
503.639.4171/50�:684.7297
�.ITY OF TIOARD
aRe�or� ' LA�N'D USE;PERM��T AP.PLICATIO`N ""� � �'.�. �� ��
File#,; .. '; Other Case,#x > :_ _ ,
. . �,..
�..
,,.. ,. „ , ,. .,.,... ._ ,
�.
Dafe B.;.�: '.� 'Recei�f#' C3ate!� lication�.Com 1ete;
TYPE OF PERMIT YOU ARE APPLYING FOR
❑AdjustmenWariance (I or II} (�) Minor Land Partition (ll) ❑ Subdivision (II or IIf)
❑ Comprehensive Plan Amendment (IV) ❑ Minor Modification (I) ❑Zone Change (I11)
❑ Conditional Use(III) ❑ Planned Development(lll) ❑Zone Change Annexafion (IV)
❑ Historic Overlay(II or 111} ❑ Sensitive Lands Review(I, II or Ill} ❑Zone Ordinance Amendment (IV) I
� Home Occupation (I or II) ❑ Site Development Review(II} �
❑ Misceflaneous (I)- (Lot Line Adjustment/Temporary Use/Tree Removal/Director's Interpretation, etc.)
ress i avai a e
/�'3 �t� s r,�J //i� � ,i}-r/��/v� ��i��2D . c�� 9�7zZ�
•2 S � �..oi4£3 o z.vcz�
�� �� ffG/�C'S �—�o ✓�
i
/9i�'LGNC /fi�L.LG�
/�f-�3�o s r,�/ /i�}'—� �__/�'�r'- �'�G�/'� o� 9 7ZZ "
��.�.✓��t /�;��v2 Y S��- 2�3 -19�� �x�, a�
c is i more an one
S��f •�s �PP��c�r
'When fhe owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in
possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the
s ace rovided on the back of this form or submit a written authorization with this a lication.
ease e speci ic
2 L�! dfie%/i��
I
APPLICATIONS WILL tJOT BE ACCEPTED W[THOUT ALL OF THE REQUIRED SUBIJi[TTAL ELEMEhlTS AS
DESCRIBED IN THE "BASIC SUBMiTTAL REQUIREMEHTS" INFORMATION SHEET.
THE APPLICANT SHALL CERTIFY THAT:
♦ If the application is granted, the app(icant shall exercise the rights granted in accordance with the
terms and subject to all the conditions and limitations of the approval.
♦ All the above statements and the statements in the plot plan, attachments, and exhibits
transmitted herewith, are true; and the appficants so acknowledge that any permit issued, based
on this app(ication, map be revoked if it is found that any such statements are false.
♦ The applicant has read the entire contents of the application, including the po(icies and criteria,
and understands the requirements for approving or denying the application(s).
SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
.1 /.� ���- ,�! �� ;_,i?���rw _ ,h' -,��-D,� -
Owner's Signature Date
;
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
;
Appticant/Agent/Representative's Signature Date
App(ican�lAgentlRepresentative's Signature Date
;F,
CITY OF TIGARD
OREGON
April 30, 2003
Alex Hurley
AKS Engineering
13910 SW Galbreath Drive, Suite 100
Sherwood, OR 97140
RE: Notice of Complete Application Submittal— MLP2003-00007
Dear Mr. Hurley:
Please submit an additional 12 full copies of your application so that staff may
deem your application submittal as complete and begin the review process. The
estimated time for rendering a decision from the date an application is deemed
complete is 5-6 weeks.
If you have any questions regarding your application, please don't hesitate to
contact me at (503) 639-4171 ext. 2428.
Sincerely,
�,
Morgan Tracy
Associate Planner
i:\curpin\morganlworkspace\mlp\mIp2003-00007(heller)\mlp 2003-00007 letter of completeness.doc
c: MLP 200�3-00007 Land Use file
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772
Project:_r ��b'f'bbL�l f��•�'
LAND USE APPLIC�'14N Date:_�
�
COMPLETENESS REVIEW ❑ COMPLETE ❑ INCOMPLETE
TANDARD INF RMATION: I�,,
�eed/Title/Proof Of Ownership ❑ ��orhood Mtg. Affidavits, Minutes, List Of Attendees � I tu (18.390)
�PSA Service Provider letter ❑ �fj�'fiction Cast Estimate ❑ �t�# Of Application Materials/Plans
re-Application fonference Nates �nvelopes With Pastage (Verify Count) 3-f�
�ROjECT STATISTICS:
❑ Building Faotprint Site ❑ % Of Landscaping On Site ❑ %Of Building Impervious Surface On Site
❑ Lot Square Footage
IMENSIONED:
Building footprint ❑ �B�Rg SPaC2 Dim2rlSi0ni(Include Accessible&Bike Parking) �ruck Laading Space Where Applicable
❑ Buildir�eight ❑ �proach And Aisle � Yisual flearance Triangle Shown
l��/�'r
DD I NAL P NS:
Vicinity Map ❑ �tEctural Plan � Tree Inventary
�Exi:ting fonditions Plan ❑�/�cape Plan
[�/ Site Plan ❑ � Plan
TREE PLAN/MITIGATION PLAN:
❑ ❑
❑ ❑
ADDITIONAL REPORTS: (list any special reporu)
❑ ❑
❑ ❑
❑ ❑
RESPONSE TO APPLICABLE CODE SECTIONS•
❑ I 8.330�ca,e�ti��u�� ❑ I 8.6�0�r�a r���o��sn�,e�a,� ❑ I 8.165�oa-sveet Putcingnoiding kqu�remena)
❑ I 8.340�a�r,u�a�Rmo�� ❑ I 8.630(wuninqron Squue�egion�l Cencer) ❑ I S.11S�o��a����
❑ 18.350(P�oed o���op���► ❑ 18.105(�u�greu/Grcv�oo�) ❑ 18.180��s)
❑ �a.360(Site Develapment Reriew) ❑ I H.�I O(Accessory Residenu�l UniC) ❑ I B.�SS(Temponry Use Pemtits)
❑ I 5.370(Yariances/adjusoments) ❑ I 8.715(Denvry(omputauom) ❑ I 8.790(free Remov�l)
❑ I H.3HO(Ioning Map/Text Amendments) ❑ I B.7�O(Design fompabbiliry Standards) ❑ I 8.795�r���c��a a�u�
❑ I H.3ES(Nisallmeous Pemiin) ❑ I B.��S(Enrironmental Per(amance Shndards) ❑ I B.J97(Warer Resources(WR)Oved�y District)
❑ I H.39O(Dedsion M�king Praccdures/lmpact Smdy� � ❑ I S.�3O(Excepuons To Derelopment funduds) ❑ I E.79S(Y�irekss(onununiaoon halioa)
❑ I aA I O(lut lint Adjusarcnn) ❑ I SJ40��w�;�a���r� ❑ I$.8 I O(Street b Uoliry Improrement Sunduds)
❑ I BAZO(luid Puaoans) ❑ I S.�AZ(Home Ocap�uon Perntib)
❑ I 8.430(subemsio�s► ❑ I 8.145 Nneu�ping d fveening Stududs)
❑ I S.5 I O(Residenu�l laning Discicu) ❑ I 8.150�nN�r��w�an+�n�i H����o��
❑ I 8.520�c�ro�i���g o�n;�u� ❑ I 8.155(�ixed so�e wute/Aeqding iror�ge)
❑ I 8.530 p�e�s�;�i���g o�o;�� ❑ I 8.160����r«m�g zw�u��
ADDITIONAL ITEMS:
�
I:�curpinlmastersUevisedUand use application completeness review.dot REVISED: 17-Jan-01
�
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HELLER PARTITION
MARCH 18, 2003
I
ENGINEERING&FORESTRY
13910 S.W. GALBREATH DR., SUITE 100
SHERWOOD, OREGON 97140
PHONE: (503) 925-8799
FAX: (503) 925-8969
. v
�
t GENERAL INFORMATION
APPLICANT/OWNER: Arlene Heller
14340 SW 114`h Avenue
Tigard, OR 97224
PLANNIlVG/SURVEYIl�IG FIRM: AKS ENGINEERING &FORESTRY
13910 SW Galbreath Drive, Suite 100
Sherwood, OR 97140
Contact: Alexander H. Hurley, P.E.
alex@aks-eng.com
PROPERTY ADDRESS: 14340 SW 114`h Avenue
Tigard, OR 97224
TAX LOT: Tax Lot 2S 110AB02000
Lot Size: 0.45 acres
CURRENT ZONIl�IG: R-4.5
PRE-APPLICATION MEETING: February 2, 2003
SITE DESCRIPTION
The site is located along the east side of SW 114th Avenue between SW Gaarde Street and SW
Bull Mountain Road. An existing house is present on the site. The site has a couple of trees and
slopes gently to the north and west.
There is currently sanitary sewer service available in SW 114th Avenue. An existing water meter,
stubbed from a water line in SW 114t'' Avenue serves the existing house. Storm water from the
site currently drains to the west onto SW 114th Avenue and to the north onto adjacent properties.
PROPOSAL
The applicant is requesting approval to perform a two lot partition on a parcel of land containing
approximately 0.45 acres (19,560 square feet). This partition will create Parcel 1 with
approximately 7,927 squaze feet and Parcel2 with approximately 11,372 square feet.
The following discussion addresses the chapters of the City of Tigard Development Code that
were determined to be relevant to this Type II application during a pre-application meeting held
with the City of Tigard on February 2, 2003.
� Chapter 18.390 Decision-Making Procedure
18.390.040 Type II Procedure
A. Preapplication con erence.
A preapplication conference was held on February 2, 2003.
B. �.plication reguirements.
A Type II application with all requested information and a check for$1,935 is attached. Two
sets of pre-stamped and pre-addressed envelopes for all the property owners of record as
specified by the City of Tigard are attached. A copy of the current deed, an impact study, and
preliminary development plans are also attached.
Chapter 18.420 Land Partitions
18.420.050 Approval Criteria
A. �proval Criteria
1. This application complies with all known statutory and ordinance requirements and
regulations.
2. There are adequate public facilities to serve the proposal. Sanitary sewer service for Parcels 1
and 2 will be provided by connecting laterals to the tee's located on the existing sanitary sewer
` main in SW 114`h Avenue. Water service for the proposed parcel will be provided by tapping
into the existing water main in SW 114th Avenue. Storm water for the proposed lot will be
routed to the existing storm pipe located in the north west corner of the lot. The applicant is
choosing to pay a"fee-in-lieu" of undergounding the overhead power lines fronting the property
on SW 114`h Avenue.
3. A storm water drainage plan is shown on the attached Preliminary Development Plans. This
plan shows that the proposed parcel will route roof drain runoff to the existing storm pipe located
in the northwest corner of the property. The applicant is choosing to pay a "fee-in-lieu" of
providing water quality for the additiona12,640 square feet of impervious area to be created with
the two new parcels. The fee-in-lieu of($210)will be assessed to the applicant when receiving
building permits.
4a. The parcel created with this partition meets the lot width requirements of the R-4.5 zone.
b. The parcels created with this partition meet the minimum lot area requirements.
c. The parcels created with this partition front a public street with more than the minimum 15
feet.
d. The parcels created with this partition meet the required front, rear, and side yard setbacks for
this zone.
.. _ _ . .�__.____—.�a
•�
• . �
( e. There are no flag lots proposed with this application.
f. There is no paved accessway within 10 feet of a property line.
g. There are no accessways that would have a detrimental effect on fire fighting capabilities.
h. There are no common drives proposed with this application.
5. The proposed driveway for Parcel 1 will comply with City of Tigard standards.
6. This project is not located in or adjacent to a 100 year flood plain.
7. This application is not proposing any variances or adjustments.
18.420.060 Final Plat Submission Requirements
The requirements of this section will be met when the final plat is submitted to the City.
18.420.070 City Acceptance of Dedicated Land
This application is proposing to dedicate approximately 2 feet of right-of-way along SW 114tn
i
Avenue, as shown on the Preliminary Development Plans.
18.420.080 Recording Partition Plats
The requirements of this section will be met when the final plat is submitted to the City.
Chapter 18.510 Residential Zoning Districts
18.510.020 List of Zoning Districts
E. R-4 5: Low-Densitv Residential District
This application is for the development of two parcels. Parcel 1 will be approximately 7,927
square feet and will meet all of the applicable requirements of the R-4.5 zone. Parcel2 will be
approximately 11,372 square feet and will meet the requirements of the R-4.5 zone.
18.510.030 Uses
A. Tvpes of uses.
All of the uses proposed with this application are permitted.
��— : —fi--
18.510.040 Minimum and Maximum Densities
I
The minimum/maximum density allowed for this property under the current zoning rules is two
units. This application is proposing to partition the property into two parcels. Therefore, this
application meets the requirements of this section.
I8.51 D.OSO Development Standards
A. Compliance reguired.
This development complies with all applicable development standards and does not propose any
adjustments or vaxiances.
B. Devel�ment Standards.
This development meets the standards as listed in Table 18.510.2 of the City of Tigard
Development Code.
Chapter 18.705 Access/Egress/Circulation
18.705.030 General Provisions
B. Access Plan Requirements.
� This application includes Preliminary Development plans that show the access to the proposed
parcels. Both parcels will obtain access from SW 114`h Avenue.
D. Public Street Access.
Parcels 1 and 2 front a public street (SW 114`h Avenue).
E. Curb Cuts.
SW 114`�'Avenue does not presently have curbs,therefore this section is not applicable.
F. Required Walkway Location.
The applicant is not proposing any public street improvements.
The applicant will enter into a Restrictive Covenant for future improvements of SW 114th
Avenue in accordance with City of Tigard standards.
G. Inadequate or Hazardous Access.
This development does not propose any accesses that would be hazardous,provide inadequate
access for emergency vehicles, or cause a hazardous condition.
This development does not propose any access to arterial or collector streets.
H. Minimum Access Requirements for Residential Use.
This development proposes separate accesses for each parcel onto SW 114`h Avenue. The
accesses will have a minimum 10 foot wide paved access.
Chapter 18.715 Densiry Computations
I8.715.020 Density Calculatio�a
B. Calculatin�Maximum Number ofResidential Units.
The maximum number of residential units is calculated as follows: 19,299 squaze feet/ 7,500
square feet=2.5 units. Therefore, a maximum of two units are allowed on this property.
C. CalculatinQ Minimum Number ofResidential Units.
The minimum number of residential units is calculated as follows: 2.5 units * 0.8 =2.0 units.
Therefore, a minimum of two units are allowed on this property.
Chapter I8.745 Landscaping and Screening
This application is not proposing any landscaping or screening.
Chapter 18.765.070 Minimum and Maximum Off-Street Parking Requirements
The proposed parcels will have at least one off-street parking space per the requirements of Table
18.765-15 of the City of Tigard Development Code.
Chapter 18.790 Tree Removal
18.790.030 Tree Plan Requirement
A. Tree Plan Required.
A tree plan is attached with the preliminary development plans. The tree plan has been made in
conjunction with a certified arborist.
B. Plan Reguirements.
The tree plan contains all of the requixed items from this section. The City of Tigard does not
require mitigation for tree removal, as long as 75% of the trees over 12 inches in diameter are to
be retained. This proposal is removing one tree over 12 inches in diameter; therefore, tree
mitigation is not required.
Chapter 18.795 Yisual Clearance Areas
18.795.040 Computations
B. Non-Arterial Streets.
The visual clearance requirements for the proposed driveway are met, as shown by the visual
clearance diagram shown on the Preliminary Development Plans.
Chapter 18.810 Street and Utility Improvement Standards
18.SI0.030 Streets
A. Improvements.
The applicant chooses to enter into a Restrictive Covenant for future improvements to SW 114th
Avenue. Therefore, this application does not propose any street improvements.
18.8I0.090 Sanitary Sewer
The development proposes connecting sanitary sewer laterals to the existing tees on the sanitary
main in SW 114`�'Avenue.
18.SI0.100 Storm Drainage
Storm water will drain to the existing storm pipe in the northwest corner of Parcel 1. Additional
runoff created by this development will be negligible, and it is not anticipated that any existing
downstream drainage facility will be overloaded. The applicant is proposing to pay a "fee-in-
lieu" of providing storm water detention or water quality treatment.
18.8I0.120 Utilities
Water services will be provided to Parcel 1 by tapping the existing water main in SW 114t''
Avenue. The applicant is choosing the "fee-in-lieu" option, instead of undergrounding the
existing overhead utilities fronting SW 114`h Avenue. The total length of frontage along SW
114�' Avenue is approximately 130 feet; therefore,the fee for not undergrounding the utilities is
$3,575 ($27.50/foot * 130 feet= $3,575).
HELLER PARTITI�N
PARTITION APPLICATION
LOCAIEII IN SEC710N 10
- --_ _ --- _ _ _--__ T2S R1N.W.N..
dTY OF 71GAR0.Ml9iINGiON COUNTY,OREGON
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�N - - + � �I I APPIICANf PLAPR�Na/ENC3R��F�lC3/8URVEYNCI FFMA
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CONTACT: NtIENE HELIfR NCS ENqNEERKIG k FOftES7RY,LLC.
JACKI� �.{; 14340 SW 1141H ��: µ�q M.IMlIEY
' 71CARD.OR 97244 1}910 SM'GNBREA7H ORNE.SNIE 100
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�� 2 EXISTING CONDITIONS
�� ____;____F _: �_ 3 PREUMINARY PARTITION PLAN
rti�KK� ----�----�- —+ �— AiIEN110N E%CAVATORS OREGUI UW REQIIRES YW TO fOLL01Y RIAES AUOPIED BY 71E OREGQ�
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su.�wr s�u uc '__-^--__�_ —.. ..— MUST NO71FY IHE CEN7ER AT LEAST 2 BU9NESS�AYS 9U1 NOT YORE IHNI 10 BU51ES5 DAYI
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IMPACT STUDY
_ `�
IMPACT STUDY
PROJECT HELLER PARTITION(MARCH 19, 2003)
TRANSPORTATION SYSTEM:
This development fronts SW 114`h Avenue to the west. SW 114th Avenue is a 20 foot+/-
wide paved street that does not have curb, gutter, or sidewalks. SW 114th Avenue is
classified as a Local Residential Street.
Storm water generated from the east side of SW 114th Avenue flows into a storm pipe in
the northwest corner of this project. The pipe flows north along the east side of the street
into a ditch.
The applicant is choosing to enter into a Restrictive Covenant for future improvements
for SW 114`h Avenue.
The access to the proposed parcel (Parcel 1) and the existing house (Parcel2)is on SW
114`h Avenue.
DRAINAGE SYSTEM:
The storm water for the site drains to the north and west. This application does not
propose to change the current drainage pattern. The existing house as well as future
house will drain to SW 114th Avenue. The future house will route the storm water from
its roof to the existing storm pipe located in the northwest corner of the site.
The applicant is choosing to pay a fee-in-lieu of($210 for every 2640 square feet of
created impervious area) to meet C1eanWater Services water quality requirements. This
development will create approximately 2640 square feet of new impervious area($210)
by creating one additional buildable lot(Parcel 1).
PARKS SYSTEM:
This development is not proposing to donate any land to the City of Tigard for open
space or parks.
WATER SYSTEM:
There is currently water service serving the existing house that will remain on Parcel 2.
This development will add one additional water service to serve Parcel 1. The water
services will tap into the existing water main located in SW 114�'Avenue.
1
. ,.�
SEWER SYSTEM:
The current house is being served by a septic system that will be abandoned with this
development. Sanitary sewer service will be provided by constructing two new sanitary
laterals. These sanitary laterals will connect to existing tees located on the sanitary main
in S W 114th Avenue.
NOISE IMPACTS:
This proposed development is a residential partition which will create one additional
residential parcel and should not generate any extraordinary noise impacts to the
surrounding neighborhood.
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CWS SERVICE PROVIDER LETTER
�;
;
,�.:�•� �,� ��
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;�� CleanWater Services
U�tr cozl,i;u;�n�n� is clear.
March 5, 2003
AKS Engineering & Forestry
Attention: A(ex Hurfey
13910 SW Galbreath Dr., Suite 100
Shenivood, OR 97140
Arlene Heller
14340 SW 114�' Ave.
Tigard, OR 97224
Re: Minor land partition located at 14340 SW 114th Ave., Tigard, OR
CWS file 2744 {Tax map 2S110AB, Tax lot 02000)
Clean Water Services has reviewed your proposal for the above referenced
activity on your site. Staff has conducted a pre-screen review and requested
completion of a Sensitive Areas Certification Form. Following the review it
appears that sensitive areas do not exist on-site or within 200' from your project.
In light of this result, this document will serve as your Service P�ovider 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 concurrence letter does NOT eliminate the need to protect sensitive areas if
they are subsequently identified on your site.
If you have any questions, please feel free to call me at 503-846-3553. �
�
Sincerely,
C���
Chuck Buckallew
Environmental Plan Review
E:�Development S�cs'SP 00'�Concurrence LettersLS 1 10AB02000-no sens area spl and sc.doc
155 N First Avenue, Suite 270• Hillsboro, Oregon 97124
Phone: (503)846-8621 • Fax:(503)846-3525 •www.cleanwaterservices.org
CITY 4F TIGARD
PRE-APPLICATION CONFERENCE NOTES �o m�,ny�D���y�°nt
S(iapin�A BetterCammunity
(Pre-Application Meeting Notes are Yalid far Six (b) Months)
��r�o� �'�1C3 _ _ _
RESIDENTIAL �
����� MTT�3R
_ _ __ _ _ _
APPLICANT:�J I��,1�. I-(�,I�u AGENT: 17�.��G Hen�i
Phone: (��51 6'3`1- 3�� Phone: �5�� ��ta- sy�5
PROPERTY LOCATION:
ADDRESS/GENERAL LOCATION: I���J s w f�y K'
TAX MAP(5)/LOT #(S): 2 s r�D/�-� 2oGiU
NECESSARYAPPLICATIONS:�ILP CM��vr Gcc�� �u�1�i�ioti�
PROPOSAL DESCRIPTION: 7�'wI �u..r�r��� o F ZO,Ar.t� s,�� ��
COMPREHENSIVE PLAN
MAP DESIGNATION: 1_�,,✓ �es.► f�c, l��sr c�c„1�a(
ZONING MAP DESIGNATION: R"�(• �
CITIZEN INVOLVEMENT TEAM(C.I.T.)AREA: L�✓►�i�,I � wPh��w����, �'�
ZONING DISTRICT DIMENSIONAL REQUIREMENTS [Referto Code Section 18. �!� 1
MINIMUM LOT SIZE: 7,�aU sq. ft. Average Min. lot width: �� ft. Max. building height:,�,ft.
Setbacks: Front_Z _ft. Side_�ft. Rear�_ft. Comer �� ft. from street.
MAXIMUM SITE COVERAGE: � % Minimum landscaped or natural vegetation area: � %.
GARAGES:�_ft.
❑ NEI6HBORNOOD MEETIN6 [Refer to the Neigh6orhood Meeting Handoutl
THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS
OF ANY LAND USE SUBCOMMITTEE(S), AND THE CITY OF TIGARD PLANNING DIVISION of
their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is
required. Please review the Land Use Notification handout concerning site posting and the meeting
notice. Meetinq is to be held prior to submitting your application or the application will not be
accepted.
* NOTE: In order to also preliminarily address building code standards, a meeting with a Plans
Examiner is encouraged prior to submittal of a land use application.
CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9
Residenfi�Applica6onlPlanning Division Sec6on
[►�NARRATIYE [Ref�r ta 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 criteria would be reason to ,
consider an application incomplete and delay review of the proposal. The applicant should review
the code for applicable criteria.
[V�IMPACT STUDY [Refer to Code Sections 18.390.040 and 18.390.0501 �
As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE I
AN IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the
development on public facilities and services. The study shall address, at a minimum, the
transportation system, including bikeways, the drainage system, the parks system, the water system,
the sewer system and the noise impacts of the development. For each public facility system and type
of impact, the study shall propose improvements necessary to meet City standards, and to mirnmize
the impact of the development on the public at large, public facilities systems, and affected private
property users. In situations where the Community Development Code requires the dedication of real
property interests, the applicant shall either specifically concur with the dedication requirement, or
provide evidence which supports the conclusion that the real property dedication requirement is not
roughly proportional to the projected impacts of the development.
[�ACCESS [Refer to Chapters 18.705 and 18.7651
Minimum number of accesses: ��lS`�r�. ±�f l-Z I��S Minimum access width:
Minimum pavement width:
❑ WALKWAY REQUIREMENTS [Refer to Code Chapter 18.1051
Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each
residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING
AREA, COMMON OPEN SPACE AND RECREATION FACILITIES.
Q� RESIDENTIAL DENSITY CALCULATION [Refer to Code Chapter 18.7151-SEE El(AAMPLE BELOW.
The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net
area of the developable land by the minimum number of square feet required per dwelling unit as
specified by the applicable zoning designation. Net development area is calculated by subtracting
the following land area(s)from the gross site area:
All sensitive lands areas includinq: Z�''�-' '� 5�.
➢ L a n d w i t h i n t h e 1 0 0-y e a r f l o o d p l a i n; -- K, vv-� s.� Cuss�m��ny�fa�
���s
➢. Slopes exceeding 25%; �w,�„�
➢ Drainageways; and �b, �3v 3.C
➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. � -7� ��V
Public riqht-of-way dedication: �—
➢ Single-family allocate 20% of gross acres for public facilities; or 2 .�3 o r Z lv�yta,�C
➢ Multi-family allocate 15% of gross acres for public facilities; or
➢ If available, the actual public facility square footage can be used for deduction.
E1�AAMPLE Of RESIDENTIAL OENSITY CALCUlATIONS:
EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS
Single-Famihl Multi-Family
43,560 sq.ft.of gross site area 43,560 sq.ft. of gross site area
8,712 sq.ft. (20%)for public right-of-way 6,534 sq.ft. (15%1 for public riqht-of-way
NET: 34,848 square feet NET: 37,026 square feet
— 3 050 (minimum lot area) - �050(minimum lot area)
= 11A Units Per Acre = 12.1 Units Per Acre
�The Oerelepmeat Code requiros ma[me net site aroa exist fer me pext wbde Aweuing upu.NO 80UNOIN6 UP IS PERMITTEO.
�MWimum Pr�lect Depsiql is 80X�f tpe awximum all�wed d�nsiql.TO OETERMINE TNIS STANDARU,MULi1PLY THE MIWMUM NUMBEB OF UNRS BY.i.
CITY OF TIGARD Pre-Application Confe�ence Notes Page 2 of 9
ResidenGal ApplicatioNPlanning Division Section
❑ SPECIAL SETBACKS [Refer to Code See�on 18.1301
➢ STREETS: feet from the centerline of
➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures.
➢ ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained
between each dwelling unit or garage.
➢ MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family
residential developments.
ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less
than 2.5 acres in size. Five (5)-foot minimum setback from side and rear Iot lines.
ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size.
[See applicable zoning district for the primary structures'setback requirements.l
❑ FLA6 LOT BUILDIN6 HEI6HT PROVISIONS [Referto Code Chapter18.7301 � si��,,,,?- nvfi a ���g �d�
MAXIMUM HEIGHT OF 1'/z STORIES or 25 feet, whichever is less in most zones; 2'/2 stories, or 35
feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are
satisfied.
❑ BUFFERIN6 AND SCREENIN6 [Refer to Code Chapter 18.7451
In order TO INCREASE PRIVACY AND T� EITHER REDUCE OR ELIMINATE ADVERSE NOISE
OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the
CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer
areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of
deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and
horizontal plantings. Site obscuring screens or fences may also be required; these are often
advisable even if not required by the Code. The required buffer areas may o� be occupied by
vegetation, fences, utilities, and walkways. Additional information on required buffer area materials
and sizes may be found in the Development Code.
The ESTIMATED REQUIRED BUFFERS aqplicable to vour proposal area is;
Buffer Level along north boundary. Buffer Level along east boundary.
Buffer Level along north boundary. Buffer Level along east boundary.
IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG:
[�LANDSCAPING [Refer to Code Chapters 18.745,18.765 and 18.T051
STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR
PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must
be placed either within the public right-of-way or on private property within six (6) feet of the right-of-
way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured
four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the
branching width of the proposed tree species at maturity. Further information on regulations
affecting street trees may be obtained from the Planning Division.
A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED
in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking
areas shall include special design features which effectively screen the parking lot areas from view.
❑ RECYCLIN6 [Referto Code Chapter18.7551
Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE
SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such
as at the intersection of finro (2) driveways within a parking lot is prohibited. Much of Tigard is within
Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503)
625-6177.
CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9
Residential AppGcationlPlanning Division Section
[v]� PARION6 [Refer to Code Cdapters 18.765 a 18.7051
ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED.
➢ Single-family............ Requires: One 1 off- arking space per dwelling unit; and
One 1 space per uni es .
➢ Multiple-family.........Requires: 1.25 spaces per unit for 1 bedroom;
1.5 spaces per unit for 2 bedrooms; and
1.75 spaces per unit for 3 bedrooms.
Multi-family dwelling units with more than ten (10) required spaces shall provide pa�king for the use of
guests and shall consist of 15% of the total required parking.
NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED
AS COMPACT SPACES. Parking stalls shall be dimensioned as follows:
➢ Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches.
➢ Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches.
➢ Handicapped parking: All parking areas shall provide appropriately located and dimensioned
disabled person parking spaces. The minimum number of disabled person parking spaces to
be provicled, as well as the parking stall dimensions, are mandated by the Amencans 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 [Refer to Code Sectlon 18.7651
BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in
convenient locations.
❑ SENSITIVE IANDS [Refer to Code Chapter 18.7151
The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL
DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON
UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-
application conference based on available information. HOWEVER, the responsibility to precisely
identify sensitive land areas and their boundaries, is the responsibilitv of the applicant. Areas
meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the
development application.
Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands
areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS.
❑ STEEP SLOPES [Refer to Code Section 18.7T5.070.C1
When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be
submitted which addresses the approval standards of the Tigard Community Development Code
Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall
include specific recommendations for achieving the requirements of Section 18.775.080.C.
� CLEANWATER SERVICES[CWSI BUFFER STANDARDS [Refer to R a 0 96-44/USA Regulations-Chapter 31
���� LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a
Pr��,�vegetated corridor 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-Application Conference Notes Page 4 of 9
Residential Application/Planning Division Section
TABLE 3.1 VEGETATED CORRIDOR WIDTHS
SOURCE: CWS OESIGN AN�CONSTRUCTION STANDARDS MANUAURESOLUTION a OROER 96-44
SENSITIVE AREA DEFINITION SLOPE ADJACENT� WIDTH OF VEGETATED
TO SENSITIVE AREA CORRIDOR PER SIDE
♦ Streams with intermittent flow draining: �25�
� 10 to <50 acres 15 feet
� >50 to <100 acres 25 feet
♦ Existing or created wetlands <0.5 acre 25 feet
. Existing or created wetlands >0.5 acre <25% 50 feet
♦ Rivers, streams, and springs with year-round flow
♦ Streams with intermittent flow draining >100 acres
♦ Natural lakes and onds
• Streams with intermittent flow draining: >25%
� 10 to <50 acres 30 feet
� >50 to <100 acres 50 feet
♦ Existing or created wetlands >25% Variable from 50-200 feet. Measure �
• Rivers, streams, and springs with year-round flow in 25-foot increments from the starting
• Streams with intermittent flow draining >100 acres point to the top of ravine (break in '
• Natural lakes and ponds <25%slope), add 35 feet past the top
of ravine3
Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated weUand boundary, delineated spring
boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intertnittent springs, located a minimum of 15
feet within the rivedstream or wetland vegetated corridor,shall not senre as a starting point for measurement. -
ZVegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degreded condition.
3The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to
15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine.
Restrictions in the Veqetate Corridor:
NO structures, development, construction activities, gardens, lawns, application of chemicals,
dumping of any materials of any kind, or other activities shall be permitted which otherwise detract
from the water quality protection provided by the vegetated corridor, except as provided for rn the
USA Design and Construction Standards.
Location of Veqetated Corridor:
IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended
for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a
separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit.
:� CWS Service Provider Letter:
PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service
Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive
area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS
Service Provider Letter is not required.
❑ SIGNS [Refer to Code Chapter 18.1801
SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of
Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or
height beyond Code standards may be permitted if the sign proposal is �eviewed as part of a
development review application. Alternatively, a Sign Code Exception application may be filed for
Director's review. f
c��,a�✓ u,�� dY�eLS o., S,�e 7C'i�t�ua.c�t/'
d TREE REMOVAL PLAN REQUIREMENTS [Refer to Code Section 18.]90.030.CJ t n c.t.��c.a�f�o r�s'I"l'2��•���n�yr�c,.��,,,
A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a Pf�.
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, partition, site development review, planned development,
or conditional use is filed. Protection is preferred over removal where possible.
CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9
Residential ApplicationlPlanning Division Section
� THE TREE PLAN SHALL INCLUDE the following: �,
➢ Identification of the location, size, species, and condition of all existing trees greater than 6-
inch caliper. i
➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in I
caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according '
to the following standards and shall be exclusive of trees required by other development code il
provisions for fandscaping, streets and parking lots: �
. Retainage of less than 25% of existing trees over 12 inches in caliper requires a
mitigation program according to Section 18.150.070.D. of no net loss of trees;
. Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that
two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that
50% of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation;
➢ Identification of all trees which are proposed to be removed; and
➢ A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT
APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be
replaced according to Section 18.790.060.D.
[]�MITI6ATION IRefer to Code Section 18.790.060.E1
REPLACEMENT OF A TREE shall take place according to the following guidelines:
➢ A replacement tree shall be a substantially similar species considering site characteristics.
➢ If a replacement tree of the species of the tree removed or damages is not reasonably
available, the Director may allow replacement with a different species of equivalent natural
resource value.
➢ If a replacement tree of the size cut is not reasonably available on the local market or would
not be viable, the Director shall require replacement with more than one tree in accordance
with the following formula:
. The number of replacement trees required shall be determined by dividing the
estimated caliper size of the tree removed or damaged, by the caliper size of the
largest reasonably available replacement trees. If this number of trees cannot be
viably located on the subject property, the Director may require one (1) or more
replacement trees to be planted on other property within the city, either public property
or, with the consent of the owner, private property.
➢ The planting of a replacement tree shall take place in a manner reasonably calculated to
allow growth to maturity.
IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in performing such tree
replacement.
[�CLEAR YISION AREA [Refer to Code Chapter 18.7951
The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND
EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size
of the required clear vision area depends upon the abutting street's functional classification and any
existing obstructions within the clear vision area. The applicant shall show the clear vision areas on
the site plan, and identify any obstructions in these areas.
CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9
ResidenG�ApplicatioNPlanning Division Section
❑ FUTURE STREET PLAN AND EIITENSION OF STREETS [Refer to Code Sectlon 18.810.030.FJ
A FUTURE STREET PLAN shall:
➢ Be filed by the applicant in conjunction with an application for a subdivision or partition. The
plan shall show the pattern of existing and proposed future streets from the boundaries of the
proposed land division and shall include boundaries of the proposed land division and shall
include other parcels within 200 feet surrounding and adjacent to the proposed land division.
➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and
pedestrian facilities on or within 500 feet of the site.
Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall
be extended to the boundary lines of the tract to be developed.
[�ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 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'/2 TIMES THE AVERAGE WIDTH, unless the
parcel is less than 1'h times the minimum lot size of the applicable zoning district.
❑ BLOCKS [Refer to Code Section 18.810.0901
The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured
along the right-of-way center line except where street location is precluded by natural topography,
wetlands or other bodies of water or, pre-existing development.
When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided
through the block.
COUE CNAPTERS
_ 18.330(Conditional Use) 'I8.6ZO(Tigard Triangle Design StandarcJs) ��$.765(Off-Street ParkinglLoading Requirements)
_ 18.340(oirectors Interpretation) �H.63O(Washington Square Regional Center) _ �8.775(Sensitive�ands Review)
_ �S.35O(Planned Development) � �8.705(AccesslEgresslCirculation) _ 1 S.7HO(Sgns)
_ 18.360(Site Development Review) ')$.��O(Accessory Residential Un'rts) 18.785(7emporary Use Permits)
_ 18.370(VarianceslAdjustments) ✓ 1 H.7�5(Density Computations) '�18.790(Tree Removaq
_ �H.3SO(Zonirg Map/Text Amendments) 'I H.72O(Design Compatibility Standards) �18.795(Visual C�earance Areas)
_/18.385(Miscellaneous Permits) �5.725(Environmental Performance Standards) �8.7JH(Wireless Communicatlon Facilities)
V �8.390(Deasion Making Proceduresllmpact Study) �H.73O(E�cceptions To Development Standards) � �H.H�O(Street&Utility Improvement Standards)
_ �H.4�O(Lot Line Adjustrnents) 18.740(Historic over�ay) —
_ 18.420(�and Partitions) 18.742(Home occupation Perm�s)
�H.43O(Subdivisions) �L 18.745(�andscaping&Saeening Standards)
� 18.51 O(Residentia�Zoning Districts) �H.75O(Manufactured/Mobil Home Regula6ons)
_ �H.SZO(Commeraal Zoning Districls) �8.�55(Moced Solid WastelRecyding Storage)
_ �H.53O(Industrial Zoning Districts) �8.760(Nonconforming Situations)
CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9
Residential Application/Planning Division Secfion
ADDITIONAI COMCERNS OR COMMENTS: �
�SP.u/P.� GD►7�'!Z�'�'GOv1 ('�Il,v�� �or t,K�ST►nG �luvq.e - j�vtj�, ar�, pi`eSeM��l�y
PROCEDURE
� Administrative Staff Review. �S-G ��s ���� �►'�'+P�� u�AP�'�ul�an s��+►�Mu��
Public hearing before the Land Use Hearings Officer.
Public hearing before the Planning Commission.
Public hearing before the Planning Commission with the Commission making a
recommendation on the proposal to the City Council. An additional public hearing shall be
held by the City Council.
APPLICATION SUBMITTAL PROCESS
All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE: A lications
submitted b mail or dro ed off at the counter without Plannin ivision acce tance ma e
returne . e Planning counter closes at :00 PM.
Ma s submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. On�
$�l2 x ma o a ro ose ro'ect��dl�e suGmitte or attac ment to t e sta re ort or
a ministrative decision. Application wit un olded maps s all not e accepte .
The Planning Division and Engineering Department will perform a preliminary review of the
application and will determine whether an application is complete within 30 days of the counter
submittal. Staff will notify the applicant if additional information or additional copies of the submitted
materials are required.
CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9
Residential Applica6on/Planning Division Section
The administrative decision or public hearing wifl typically occur approximately 45 to 60 days after an
application is accepted as being complete by the Planning Division. Applications involving difficult or
protracted issues or requiring review by other jurisdictions may take additional time to review.
Written recommendations from the Planning staff are issued seven (7) days prior to the public
hearing. A 10-day public appeal period follow�all land use decisions. An appeal on this matter
would be heard by the Tigard � � f� c . A basic flow chart
which illustrates the review process is ava lable from the Planning Division upon request.
Land use applications requiring a public hearing must have notice posted on-site by the
applicant no less than 10 days prior to the public hearing.
This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE
INTENDED TO INFORM the prospective applicant of the primary Community Development Code
requirements applicable to the potential development of a particular site and to allow the City staff
and prospective applicant to discuss the opportunities and constraints affecting development of the
site.
SUBDIVISION PLAT NAME RESERVATION [County Surueyor's Office: 503-648-88841
PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard,
applicants are rec� to complete and file a subdivision plat naming request with the Washington
County Surveyor s Office in order to obtain approval/reservation for any subdivision name.
Applications will not be accepted as complete until the City receives the faxed confirmation of
approval from the County of the Subdivision Name Reservation.
BUILDIN6 PERMITS
PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR
REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by
the Building Division will not be granted until there is compliance with all conditions of
development approval. These pre-application notes do not include comments from the
Building Division. For proposed buildings or modifications to existing buildings, it is
recommended to contact a Building Division Plans Examiner to determine if there are
building code issues that would prevent the structure from being constructed, as proposed.
Additionally, with regard to Subdivisions and Minor Land 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 Citv's policy is to apply those svstem
development credits to the first buildinq permit issued in the development (UNLESS OTHERWISE
DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED).
e con erence an no es canno cover a o e requiremen s an aspec s re a e , o
site planning that should ap ply to the develo .ment of your site plan. Failure of the staff to provide
information required by the Code shall not cons�tute a waiver of the applicable standards or requirements.
It is recommended that a prospective applicant either obtain and read the Community Development Code or
ask any questions of City staff relative to Code requirements prior to submitting an application.
AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN
APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A
PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as
unnecessary by the Planning Division).
PREPARED BY: Or �r� rr�
fITY OF TI ARD PLANNING DI SION - STAFF PERSON HOLDING PRE-APP. MEETING
PNONE: (503) 639-4111 FAX: (503) 684-1291
E-MAIL• (swff's trst namel p�ci.tiga�d.or.us
TITLE 18(�ITY OF TIGARD'S COMMUNITY DEVELOPMENT (ODE)INTERNETADDRESS: INWW.CI.tigard.01'.OS
H:lpatty�masterslPre-App Notes Residential.doc Updated: 26-Jun-02
(Engineering section:preapp.eng)
CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9
Residential Applica6on/Planning Division Section
� �:. .>�
PRE-APPLICATIOH CONFERENCE HOTES
➢ EHGINEERING SECTIOH Q �o',�`�°nng�°�°°nt
Shaping A Better Community
PUBLIC FACILITIES Tex Mep[sl: 2S110AB
Tax Loasl: 2000
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 subject to approval by the appropriate authority. There will be
no final recommendation to the decision making authority on behalf of the City staff until all concerned
commenting agencies, City staff and the public have had an opportunity to review and comment on
the application. The following comments are a projection of public improvement related requirements
that may be required as a condition of development approval for your proposed project.
Right-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
right-of-way width as specified by the Community Development Code; or
(2.) For the creation of new streets.
Approval of a development application for this site will require right-of-way dedication for:
� SW 114th Avenue to 27 feet from centerline
❑ SW to feet
❑ SW to feet
❑ SW to feet
Street improvements:
� Half street improvements will be necessary along SW 114'h Avenue, to include:
� 16 feet of pavement from centerline to curb.
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk with planter strip.
� street trees spaced per TDC standards.
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
CITY OF T16ARD Pre-Appllcatlon Comerence Notes Page 1 of 6
Esglneerlog Oeparte�et Seetlon
, . . . � Other: See Aq rent for Future Street ImprovemE section reqardinq the option to
• � enter into an aqreeme��[ versus construct improvements now.
❑ 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, tra�c control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
CIT11 OF i16ARD !ro-Appllcatlon C�meronce Notea Page 2�f 6
Eptu�rl��oq�rtwnt S�etl��
. _ . , ❑ -foot concr sidewalk
' ❑ 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 provide a future improvement guarantee.
The City Engineer will determine the form of this guarantee. The following street improvements may
be eligible for such a future improvement guarantee:
(1.) SW 114`h Avenue. NOTE: The applicant must show how they will meet the street
improvement standard. They can either meet fhe standard by constructin�
improvements now, or b�providing a future improvement guarantee. For a pa►fition, the
future improvement guarantee would be in fhe form of a restrictive covenant that would
be recorded with the p/at and will apply to both parcels.
�2.)
Overhead Utility Lines:
� Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines
adjacent to a development to be placed underground or, at the election of the developer, a
fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines
are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to
$ 27.50 per lineal foot of street frontage that contains the overhead lines.
There are existing overhead utility lines which run adjacent to this site along SW 114tn
Avenue. Prior to approval of the final plat, the applicant shall either place these utilities
underground, or pay the fee in-lieu described above.
Sanitary Sewers:
The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in 114�' Avenue.
The proposed development must be connected to a public sanitary sewer. It is the developer's
responsibility to provide a separate sewer lateral from the main to serve the new parcel.
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.
CIi110F TI6ARD Pro-Appllcatlen C�Meropce N�tes Page 3�f i
�,�i■..n■��•r.ru..■�a.en.■
. , . Fire Protection:
� Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010]
provides fire protection services within the City of Tigard. The District should be contacted for
information regarding the adequacy of circulation systems, the need for fire hydrants, or other
questions related to fire protection.
Storm Sewer Improvements:
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.
1. Storm drainage along 114t'' Avenue consists of overland flow and some minor roadside difch
improvements. This will likely be the biggest challenge for the applicant. They must enlist the
services of a professiona!civil engineer to develop a so/ution for their proposal. Storm water from the
new parcel must be piped to an approved drainage system.
Storm Water Qualitv:
The City has agreed to enforce Surface Water Management (SWM) regulations established by the
Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of
on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus
contained in 100 percent of the storm water runoff generated from newly created impervious surfaces.
The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing
an on-site facility provided specific criteria are met. The City will use discretion in determining whether
or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new
impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210.
Preliminary sizing calculations for any proposed water quality facility shall be submitted with the
development application. It is anticipated that this project will require:
❑ Construction of an on-site water quality facility.
� Payment of the fee in-lieu.
Fee only applies to the new parcel and is paid at time of building permit issuance.
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.
CRY OF T16ARD Pre-Appllcatla�Comerence Notes Page 4 tl 6
E�41���„����pme�et Eeetla
� TI�AFFIC�MPACT FEES
In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic
Impact Fee program collects fees from new development based on the development's projected
impact upon the City's transportation system. The applicant shall be required to pay a fee based upon
the number of trips which are projected to result from the proposed development. The calculation of
the TIF is based on the proposed use of the land, the size of the project, and a general use based fee
category. The TIF shall be calculated at the time of building permit issuance. In limited
circumstances, payment of the TIF inay be allowed to be deferred until the issuance of an occupancy
permit. Deferral of the payment until occupancy is permissible on�l r when the TIF is greater than
$5,000.00.
Pay T/F for new parcel on/y. Collected at time of building permit issuance.
PERMITS
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 Engineering Department fee structure for this permit is considered a cost recovery system. A
deposit is collected with the application, and the City will track its costs throughout the life of the
permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases
where City costs exceeds the deposit amount. The Permittee will also be required to post a
perFormance bond, or other such suitable security. Where professional engineered plans are
required, the Permittee must execute a Developer/Engineer Agreement, which will obligate the design
engineer to perForm the primary inspection of the public improvement construction work. The PFI
permit fee structure is as follows:
NOTE: If an PFI Permit is required,the applicant must obtain that
permii prior to release of any permits from the Building Diuision.
Building Division Permits:
The following is a brief overview of the type of permits issued by the Building Division. For a more
detailed explanation of these permits, please contact the Development Services Counter at
503-639-4171, ext. 304.
Site Improvement Permit (SIT). This permit is generally issued for all new commercial,
industrial and multi-family projects. This permit will also be required for land partitions where lot
grading and private utility work is required. This permit covers all on-site preparation, grading
and utility work. Home builders will also be required to obtain a SIT permit for grading work in
cases where the lot they are working on has slopes in excess of 20% and foundation
excavation material is not to be hauled from the site.
CR110f i16ARD Pro-Aqpllcatl�n C�Morepce N�tes Pale 5 ef 6
E��h��rl�����a�nt S�etln
. _ .. .
_ ' Building Permit (BUF-�. This permit covers only the construction of the building and is issued
after, or concurrently with, the SIT permit.
Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all
work necessary for building construction, including sub-trades (excludes grading, etc.). This
permit can not be issued in a subdivision until the public improvements are substantially
complete and a mylar copy of the recorded plat has been returned by the applicant to the City.
For a land partition, the applicant must obtain an Engineering Permit, if required, and return a
mylar copy of the recorded plat to the City prior to issuance of this permit.
Other Permits. There are other special permits, such as mechanical, electrical and plumbing
that may also be required. Contact the Development Services Counter for more information.
GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS
All subdivision projects shall require a proposed grading plan prepared by the design engineer. The
engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as
well as lots that have natural slopes in excess of 20%. This information will be necessary in
determining if special grading inspections will be required when the lots develop. The design engineer
will also be required to shade all structural fill areas on the construction plans. In addition, each
homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall
include topographical contours and indicate the elevations of the corners of the lot. The builder shall
also indicate the proposed elevations at the four corners of the building.
PREPARED BY: " �. 1 �at i- � 4 0�
ENGINEER DEPARTMENT TAFF DATE
Phone: (5031639-4171
Fax: [50316240152
i�.lenglbrianrltemplateslpreap notes-eng.dot
Revised: March 21,2002
CITII OF T16ARD Pro-Applfcatl�n C�Meronce N�tes Page 6 W 6
�.�i..•n���•�.rr.•.�a�en•.
PRE-APPLICATI4N
CONFERENCE 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: �r��C'r►e. 1-1 e l l��
Address: Iy3�0 SvU llN�� �vG Phone: �3-(u3`).3�ZV iJ��C �dC>3�C�C>���,'�-+
Case No.:
City:�►71G1 rc� , (JK Zip: °I'IZ2�-
Receipt No.: �'r's"0�3�.�
5�3,Eryy-loy�os Application Accepted By: (�(YtK
Contact Person: �f'GCi2i1G� I�Lr��N Phone: s��.��-,� ,G�-� � � �.3
xL�{ Date: I/ �` � i
5G3 590.i7�c3 �
Property Owner/Deed Holder(s): -'�'1'(.c'rt� /-lt'/ler
DATE OF PRE-APP.: � � � �-��
TIME OF PRE-APP.: 11'��j�
Address: /`{3�/L� S G�.' l l�l t� �� (- Phone: J�3��03�1�Z-�� PRE-APP. HELD WITH:
Clry: �C� Yt� C�\ ZIP: r���27 Rev.7l1l2002 i:\curpinlmastersUevised\Pre-AppRequest.dx
Property Address/Location(s):
/L� �S1(J S(j� //L/� /��Y(�/` LC�, _ REQUIRED SUBMITTAL ELcAP:ENTS
(Note: applications will not be accepted
without the required submittal elements)
Tax Map &Tax Lot#(s): L�'t-#Z�� 2��/� /�(3 -
� � J ['� Pre-Application Conf. Request Form
Zoning:
� 2 COPIES EACH OF THE FOLLOWING:
Site Size: /3C'. S X /Sz�
� Brief Description of the Proposal and
any site-specific questions/issues that
PRE-APPLICATION CONFERENCE 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 Q� Site Plan. The site plan must show the
minimum of one (1) week prior to officially schedulinq a proposed lots and/or building layouts
pre-a�plication conference date/time to allow staff ample time to drawn to scale. Also, show the location
prepare for the meeting. of the subject property in relation to the
nearest streets; and the locations of
A pre-application conference can usually be scheduled within 1-2 driveways on the subject property and
weeks of the Planning Division's receipt of the request for either across the street.
Tuesday or Thursday morninas. Pre-application conferences are � The Proposed Uses.
one (1) hour lonq and are typically held between the hours of � Topographic Information. Include
9:00-11:00 AM. Contour Lines if Possible.
PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ If the Pre-Application Conference is for a
PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM MONOPOLE project, the applicant must
8:00-4:OO/MONDAY-FRIDAY. attach a copy of the letter and proof in
the form of an affidavit of mailing, that
IF MORE THAN 4 PEOPLE ARE EXPECTED TO AITEND THE the collocation protocol was completed
PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE (see Section 18.798.080 of the Tigard
INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM Community Development Code).
ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE � Filing Fee $200.00
GROUP.
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Pre-Application Submittal Elements
Applicant: Arlene Heller
14340 S W 114`" Avenue
Tigard
Description:
The proposed plan is to partition tax lot 2000 into 2 separate tax lots.
Topograp6ic Info:
Tax lot 2000 is relatively flat with 2 trees.
Proposed Use:
Single family dwelling on a 7500-8000 sq. ft. lot leaving the current
dwelling on a 11,500-12,000 sq. ft. lot.
1/26/04
' ��� �onditions Associated With 3:48:OSPM
T I D E M A R K Case #: MLP2003-00007
COMPUTER SYSTEMS. INC.
Condition Status Updated
Code Title Hold Status Changed By Tag Date By
9. Final Plat Application Submission Requirements:
A. Submit for City review four(4)paper copies of the final plat prepared by a land surveyor licensed to practice in
Oregon,and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee(Contact Planning/Engineering Permit Technicians,
at(503)639-4171).
C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised
Statutes(ORS 92.05),Washington County,and by the City of Tigard.
D. The right-of-way dedications for Bull Mountain Road and Chardonnay Avenue shall be made on the final plat.
E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the
Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's
surveyor.
F. After the City and County have reviewed the final plat,submit two mylar copies of the final plat for City Engineer
signature(for partitions),or City Engineer and Community Development Directar signatures(for subdivisions).
1 114TH AVE. VISION CLEARANCE AREAS None Met 1/26/04 MET 1/26/a4 MET
10. The applicandowner shall remove the existing shrubs and any other visual obstacles as necessary along SW 114th
to preserve the vision clearance areas.
1 PARCEL 1 TREE PROTECTION PLAN None Met 1/26/04 MET 1/26/04 MET
11. Submit a tree protection plan with the building permit application for Parcel#1,prepared by a certified arborist for
the protection of the trees to remain on Parcel#1. The applicant/owner shall install the required tree protection
measures prior to building permit issuance.
1 PHOTOMYLAR OF FINAL PLAT None Met 12/15/03 KSM 12/16/03 ST
12. Prior to issuance of building permits,the applicant shall provide the Engineering Department with a"photomylar"
copy of the recorded final plat.
1 COMPLETE ANY PUBLIC ROW WORK None NOT MET KSM 7/7/03 PLL
13. Prior to issuance of building permits on Parccl 1,the applicant shall complcte any work in the public right-of-way
(or public easement)and obtain approval from the Engineering Department.
1 H20 QUALITY/QUANTITY FEES None NOT MET KSM 7/7/03 PLL
14. Prior to issuance of the building permit for Parcel 1,the applicant shall pay the standard water quality and water
quantity fees per lot(fee amounts will be the latest approved by CWS).
Page 2 of 2 CaseConditions..rpt
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AKS Engineering & Forestry, LLC LETTER OF TRANSMITTAL
13910 SW Galbreath Drive, Suite 100
Sherwood, Oregon 97140
aks C�3 aks-eng.com DATE: /�,/3�O 3 JOB NO: �/J
vi
Phone(503)925-8799 Fax(503)925-8969
TO VI f y Q/ /�(l��•0 RE: y��G�<- �/T/`"/'/��N
�� �c�/��� /'>LPZo�03rooDa7
�d Jc/�tr�lt LA�i�i�T
FROM: /I.� rf►�. // ,A.L
/7G-�.�� �JL//c.
WE ARE SENDING YOU ❑Attached ❑Under separate cover via the following items:
❑Shop Drawings ❑Prints ❑Plans ❑Samples ❑Specifications
❑Copy of letter ❑Change order
COPIES DATE NO. DESCRIPTION
/ %/-/3-a3 / S�G-�T D1ST��'h✓�u C���
THESE ARE TRANSMITTED as checked below:
❑For approval ❑Approved as submitted ❑Resubmit copies for approval
❑For your use ❑Approved as noted ❑Submit copies for distribution
❑As requested ❑Returned for corrections ❑Return corrected prints
a For review and comment ❑
❑ FOR BIDS DUE ❑PRINTS RETURNED AFTER LOAN TO US
REMARKS �Ir �
�
�
COPY TO: � ` « SIGNED: �!!�1����
If �closures are mt as mted, kind].y rntify us as arice.
ENGINEERING PLANNING SURVEYING FORESTRY
13910 S.W.Galbreath Dr., Suite 100 � TELEPHONE(503)925-8799
Sherwood, OR 97140 FAX(503)925-8969
E-MAIL:aks@aks-eng.com
ENGINEERING&FORESTRY
November 13, 2003
City of Tigard
Kim McMillan
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Heller Partition MLP2003-00007
Kim:
The purpose of this letter is to respond to condition number 3 from the "Notice of Type II Decision" for
the Heller Partition. As shown on the Preliminary Development Plans dated 3-25-03, Parcel 1 meets
the City of Tigard's visual clearance requirements.
In addition, the access for Parcel 1 meets Washington County's sight distance requirements for SW
114`" (25 MPH design speed). Sight distance for Parcel 1 exceeds 250 feet to the north and south as
measured from a point located 10 feet from the east edge of pavement of SW 114th Avenue anywhere
along the frontage of Parcel 1.
Please call if you have any questions or concerns.
AKS Engineering & Forestry, LLC.
/-/3-03
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RENEYYAL DATE: — 30-O�
Alexander H. Hurley P.E., P.L.S.
REC��iV�[�
NOV 18 1003
pTY OF TIGARD
�'!./�tN1NGlENG IN EE R I N G
AKS Engineering & Forestry, LLC LETTER OF TRANSMITTAL
13910 SW Galbreath Drive, Suite 100
Sherwood, Oregon 97140
aks�aks-eng.com DATE: �� JOB NO: �
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Phone(503)925-8799 Fax(503)925-8969
RE:
To
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WE ARE SENDING YOU �(ttached ❑Under separate cover via the following items:
i �
❑Shop Drawings ❑Prints ❑Plans ❑Samples ❑Specifications
❑Copy of letter ❑Change order
COPI S DATE NO. DESCRIPTION
/
THESE ARE TRANSMITTED as checked below:
❑For approval ❑Approved as submitted ❑Resubmit copies for approval
�For your use ❑Approved as noted ❑Submit copies for distribution
❑As requested ❑Returned for corrections ❑Return corrected prints
❑For review and comment ❑
❑FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO: SIGNED: L�/�-
If enclosures are not as noted, kindly mtify us cxioe.
' � Routing Order:
Surveyor: JRH
Engineer Tech I SLT
FINAL PLAT REVIEW CHECKLIST
Plat Name: Heller Partition Case Number(s): MLP2003-00007
Address/Location: 14340 SW 114"'Avenue
Contact name and phone: Nick Whife/AKS Engineering/925-8799
Date Received: 9/12/03
Date Forwarded to City Surveyor: 9/15/03
SURVEY SECTION Check if Check if
Considered Okay
1. Street alignment and width, continuity [v]� N�' ❑
2. Curve, corner, cul-de-sac radii Q� n1�' ❑
3. Dedication, vacation, easement conveyance [� �
4. Residential Survey Certificate match the map � [�
5. Two Monument Ties to City GPS � �
Comments:
gy: � �-/-s--43
Surveyor's Signature Date
Page 1 of 1
�:�c�ce�a�,av..w�.aa
aeNSion aate: vtro7
Routing Order:
1. Current Planning: MET
2. Engineering Tech I SLT
3. Development Review Engineer KSM
FINAL PLAT REVIEW CHECKLIST
Plat Name: Heller Partition Case Number(s): MLP2003-00007
Date Received: 9/12/03
Date Forwarded to Current Planning: 9/15/03
Planner: Morgan Tracy
Planning Division Check if Check if
Considered Okay
1. Phase boundaries �
�
2. Lot and/or tract size and configuration []� [✓]��
3. Lot numbers [� [�
4. Access restrictions, reserve strips � []�
5. Condition ofApproval Satisfied � F�nn�n, �y^�����'�5 � ���
6. Public & Private streets (location, width, etc....,) � [�
7. Preliminary Plat approval date - 1 yr period OK � �
8. Special Deed Restrictions (CC&R's) �'�— ['�
9. Open Space (Deed or Dedication) ,�'',�- �
10.SPECIAL SETBACKS ARE
r���- �PPI��Q�t�
Other Comments:
� � h!� p`Lfl-t�� sr ZE�u,�, L/iLwntl,l.O' �M l�tc, c+�Qf�K� � �lov�/G✓CT �a�-SIZG �wl��'�I G�l� S1-t U
� �1
1� C OM fJ�i u.r►�,�,. (� /
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y �' By: 7 R/i d/�3
Planner's Signature Date
FORWARDED TO ENGINEERING TECH I: b
Da
Page 1 of 3
�:+ery�p,;vae�van�svr�pa�aa
Re.kbn tlale: 1/1/01
ENGINEERING DEPARTMENT (Engineering Tech) Check if
Okay
Street Names Acceptable �
Assign Address(es) [�
Address Fee : �lots/tracts @ $30.00/ea = $ L?�i, � [�`
Update City-wide maps ��
❑
Comments:
gy: �l�c �'� ��c� � �; i ��a3
Engineering ech Signature Date
FORWARDED TO DEVELOPMENT REVIEW ENGINEER `��l i ��c�3
Date
Page 2 of 3
i�.�enp�qiv4evVOrmslflrFplat.tlot
Revision Aate: 1!t/01
Retumed to Surveyor for Correction BY: -=-�
DATE: `i1,7(�3
E-mail to County Surveyor. °OK to review" BY: S�-
DATE: `l�l���-'
Corrections Reviewed and Approved BY: �1'_
DATE: 11���b�
Forwarded for City Signatures BY: �j
DATE: I� I I$ �(13
Copy of Signed Plat Made and Put in File BY: .�i
DATE: �� I i ���3
Released to Developer for Recording BY: �+
DATE: t� � l g'I�
Authorize Eng. Tech I to release addresses BY: �i
DATE: i� I ��1�U3
Copy of Signed Plat to Permit Techs BY: S-T
DATE: ( � � r�r Iv�
Lognote: OK to take in building permit apps. BY: �
DATE: <<I 1 y�C�3
Page 3 of 3
�:�.a�n���w�.e�
R�KK,d�: v�ro�
I
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,
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
I�fZ�E'1� �� ��E I-�E LLEI� , ("OWNER").
RECITALS
WHEREAS OWNER is the Owner of record of Property covered by this Agreement as shown in Section
1 below, and
WHEREAS OWNER has received approval of a development on the Property from the CITY, as set forth
in MLP2003-00007 dated 7/03/03, 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 8 2 of Partition P/at No. , recorded as Document No. , Washington County,
Oregon.
OWNER agrees that the terms of this Agreement shall bind the OWNER as well as its
heirs, successors in interest or assigns.
Section 2: The improvements covered by this Agreement are as follows:
SW 114th Avenue
Future half-street improvements.
Restrictive Covenant(Future Street Improvements) Page 1 of 4
Revisionaate: v1ro1
Section 3: This Agreement shall be in full force and effect from the date of its execution until the
improvements referred to in Section 2 are constructed in accordance with CITY standards
in effect at the time of construction.
Section 4: CITY agrees that the improvements listed in Section 2 will only be required as a result of
any one of the following events:
(1) when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
(2) when the improvements are part of a larger public project to be financed or paid for
in whole or in part by CITY or other public agency,
(3) when the improvements are part of a larger project to be constructed by a third
party and involves the sharing of design and/or construction expenses by the third
party owner(s) of property in addition to the property described in Section 1, or
(4) when construction of the improvements are deemed to be appropriate by the City
Engineer in conjunction with construction of improvements by others adjacent to
the improvements described in Section 2.
In addition to this Agreement, OWNER'S obligation to share design and/or construction
expenses may arise by application of the Reimbursement District Ordinance; Chapter
13.09, TMC, or any similar ordinance or law providing a process whereby such expenses
are distributed among benefited properties.
Section 5: OWNER agrees to sign any and all waivers, petitions, consents and all other documents
necessary to obtain the above listed applicable improvements under any improvement act
or proceeding of the State of Oregon, Washington County, or the CITY as rnay be
proposed or adopted and to waive all right to remonstrate against the improvements listed
in Section 2 above, submitted either alone or in conjunction with other improvements
described in Section 4, as may be proposed. OWNER agrees that in lieu of any other
document, CITY may treat this Agreement as a waiver of remonstrance on behalf of the
property described in Section 1 against formation of such a Local Improvement District.
OWNER covenants and agrees that the improvements described in Section 2 will specially
benefit OWNER'S property as described in Section 1.
Section 6: If CITY decides to form a Local Improvement District as a mechanism for the installation of
improvements listed in Section 2, then OWNER shall retain the right to protest only the
amount or the manner of spreading the assessment, but not the formation of such district.
Section 7: CITY acknowledges that OWNER'S execution and performance of the terms of this
Agreement constitutes compliance with the requirements of TMC Chapter 18.810.
Section 8: OWNER agrees that if CITY causes the improvements listed in Section 2 to be
constructed, or part of such improvements without regard to the source of funds for such
project, but not as part of a Local Improvement District, then CITY will charge to OWNER
and OWNER will promptly pay OWNER'S share of the cost of such improvements.
OWNER'S share will be determined by CITY in a manner similar to spreading the cost of a
public improvement to specially benefited properties. The parties intend OWNER to share
in the cost of improvements even though actual construction is undertaken and performed
by some third party, so long as the improvements, listed in Section 2, are included within
the project.
Restrictive Covenant(Future Street Improvements) Page 2 of 4
ReWSion Uate:1f1lOt
(1) Except as otherwise provided in subsection (2) of this section, prior to construction
of such improvements under this section, OWNER shall be provided not less than
six (6) months written notice by first class mail that the project will be built. The
notice shall advise OWNER that OWNER will share in the cost of such
improvements and provide OWNER with an estimate of the total project cost as
well as an estimate of OWNER'S share of the costs. Failure to provide this "six
month" notice in advance of construction shall not nullify OWNER'S obligation to
pay, but 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 '/2%) per month from the date the payment is due until paid.
(2) Where the improvements listed in Section 2 are constructed by a third party, who
seeks reimbursement in accordance with the Reimbursement District Ordinance,
Chapter 13.09, TMC, or a similar ordinance, then the terms and procedures of the
ordinances shall apply in lieu of the provisions in subsection (1) of this section.
Section 9: At any time prior to the events listed in Section 4, OWNER or OWNER's successors may
pay to the CITY an amount determined by the CITY to be OWNER's share of the
anticipated cost of the future improvements. Payment under this section shall discharge
all of OWNER's obligations under this Agreement. City shall use the funds received under
this section solely to pay for the costs of the improvements.
Section 10: CITY and OWNER intend that all terms of this Agreement shall be covenants, conditions,
and restrictions running with the title to the property covered by this Agreement, and shall
be binding upon parties to this Agreement, their heirs, executors, assigns, administrators,
and successors and shall be construed to be a benefit and a burden upon the property
described in Section 1. The parties agree the CITY may, for purposes of recovering the
cost of improvements described in Section 2, levy an assessment against the property,
described in Section 1, and may enforce payment of such assessment in the manner
provided in ORS Chapter 223 or the general laws of the State of Oregon.
Section 11: Promptly after its execution by the parties, this Agreement shall be recorded in the records
of Washington County to provide public notice and especially notice to future owners of
property, described in Section 1 of the conditions, covenants and restrictions against the
title to the property imposed by this Agreement.
Section 12: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In
addition to any other legal remedies, OWNER'S failure or refusal to comply with this
Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties
provided in the TMC may also be enforced.
Restrictive Covenant(Future Street Improvements) Page 3 of 4
Revision eate: 1/tro1
. .
Section 13: If suit or action is instituted to enforce a right guaranteed in this agreement, the prevailing
party shall be entitled to, in addition to the statutory costs and disbursements, a
reasonable attorney's fee to be fixed by the trial and appellate courts respectively.
Section 14: The parties agree that if any term of provision of this agreement is declared by a court to
be illegal or in conflict with any law, the validity of the remaining terms and provisions shall
not be affected, so long as this agreement continues to reflect the intent of the parties. The
parties shall negotiate an equitable adjustment of this agreement so that the purposes of
this agreement are effected.
OWNER(S):
�-- . � /_
( �'7 ",iyi,,L� �c7,� � � �[.Q�f.�-�
Signature Signature
_�"�L f��� �� ����Z
Name (Print or Type) Name (Print or Type)
Title (Print or Type) Title (Print or Type)
Acknowledgment of OWNER'S signature(s) must be notarized. Where the OWNER is a corporation, it
has caused its name to be signed by resolution or official approval of its board of directors.
STATE OF OREGON )
County of l✓/f�5�`^' ��°� )
On this ��� day /� �J���2 , 20 d3 , before me a Notary Public,
/��2�E. ILa� l,��C��2 personally appeared and acknowledged that
the foregoing instrument to be their voluntary act and deed.
Before me: ���t��i
- oFF�e�a�..�.�_���_ Notary Public for Oregon
r�;�; FRa�r<vr. ��a;���N���::.�-r
� a,' NOTARY PUBLIC-tiRt:GON
� Co�,rr��ISSION N0.332214 My commission expires: 3-� 3 -a�f
WIY COMfAISSION EXPIRES MAR.13,2004
Accepted on behalf of the City of Tigard this �q� day of Ndva�"'` �-f , 200 3
C� � T - D�'-Y-��--
City Engineer
NO CHANGE IN TAX STATEMENT
dacumeM2
Restrictive Covenant(Future Street Improvements) Page 4 of 4
ReNSlon tlale: 1I1l01