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MLP2003-00008 NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP)2003-00008 CITYOFTIGARD PERRY MINOR LAND PARTITION Cammunity27eveCopment SFtaping A 43etter�'ommunity 120 DAYS = 8/2112003 SECTION I. APPLICATION SUMMARY FILE NAME: PERRY MINOR LAND PARTITION CASE NOS: Minor Land Partition (MLP) MLP2003-00008 Adjustment (VAR) VAR2003-00023 PROPOSAL: The applicant is requesting approval of a 3-lot Minor Land Partition of .37 acres. Parcel 1 has an existing home on site, and the two new parcels are expected to be developed with residences in the future. The lot sizes for this development would be 8,100, 3759, and 3,759 square feet respectively. The applicant is also requesting a development adjustment to waive or adjust the fee in lieu of under grounding the utility lines. APPLICANT/ Steve and Lorinda Perry OWNER: 9885 SW 92"d Avenue Tigard, OR 97223 LOCATION: 9885 SW 92"d Avenue; WCTM 1S126DC, Tax Lot 3001. COMP. PLAN DESIGNATION: Medium-Density Residential. ZONE: City of Tigard R-12 zoning district. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.630, 18.705, 18.715, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795, and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for a Minor Land Partition subject to certain conditions, and has DENIED the Adjustment. The findings and conclusions on which the decision is based are noted in Section VI. MLP2003-00008 PERRY PARTITION PAGE 1 OF 17 � CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: �u�mit t e o owing to t e anning ivision ra i y , x or review an approval: 1. Prior to final plat approval, the applicant must provide a street tree plan or appIy for an adjustment to the street tree requirements as outlined in TDC section 18.370.020(6). The street tree plan must provide street trees along the frontage of SW 92"d Avenue as required in Section 18.745.040(C). Submit to the Engineering Department (Brian Rager, 639-4171, ext. 2471) for review and approval: 2. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of $60.00. (STAFF CONTACT: Shirley Treat, Engineering). 3. The applicant shall execute a Restricti�e Covenant whereby they a�ree to complete or participate in the future improvements of SW 92" Avenue adjacent to the sub�ect 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 adjacent to the subject site. 4. Prior to approval of the final plat, the applicant shall obtain the necessary permits and approvals from CWS for the proposed sanitary sewer laterals for Parcels 2 and 3, and the storm drainage plan for the new parcels. 5. The applicant shall either place the existing overhead utility lines along SW 92"d 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 $4,538.00 and it shall be paid prior to final plat approval. 6. The applicanYs final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same Ime and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: . GPS tie networked to the City's GPS survey. . By random traverse using conventional surveying methods. 7. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check m the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 426). C. The final pla� and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. MLP2003-00008 PERRY PARTITION PAGE 2 OF 17 D. 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. E. 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 PRIOR TO ISSUANCE OF BUILDING PERMITS: u mit t e o owing to t e anning ivision �rad Riiby�3� , x or review an approval: 8. Prior to any construction on lots 1, 2, or 3, an arborist report must be submitted to the City arborist to ensure that the trees can survive the construction, are healthy, and are protected. 9. Should any of the trees on site be damaged or removed during site preparation or development of the lot, the applicant shall notify the City to discuss protection measures and mitigation if necessary. Submit to the Engineering Department (Brian Rager, 639-4171, ext. 2471) for review and approval: 10. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomyla�" copy of the recorded final plat. 11. Prior to issuance of the building permit for Parcels 2 and 3, 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. SECTION III. BACKGROUND INFORMATION Vicinit Information: A sin�le- amily residence currently occupies the site. The surrounding neighborhood is also developed with single-family residences. Property History: The ro erty was developed as a single-famil lot. A search of City records rovided no additional information for this particular property The site was annexed into the City Limits of Tigard in 1998. Prior to that date, the applicant contends tY�at his property was enlarged by benefit of a lot line adjustment that was filed and approved with Washington County. Site Information and Pro osal Descri tion: The applicant is seeking approval o a 3-lot Minor Land Partition of .37 acres. Proposed parcel one has an existing home on si�e, and parcels two and three are expected to be developed with single-family residences in the future. However, the applicant could apply for any of the uses that would be permitted on property zoned R-12. The lot sizes for this development would be 8,100.5 square feet, 3,759.3 square feet, and 3,759.3 square feet respectively. There is a 15 foot wide access easement along the western boundary of parcel #1 for the benefit of parcel #2. SECTION IV. NEIGHBORHOOD C�MMENTS All neighbors within 500 feet of the proposal were given the opportunity to comment on the proposal. The site was also posted during the public comment period. No public comments were received. MLP2003-00008 PERRY PARTITION PAGE 3 OF 17 SECTION V. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this decision are as follows: A. Land Partitions 18.420 (Land Partitions) B. Zoning Districts 18.510 (Residential Zoning Districts) C. Specific Development Standards 18.370 Variances and Adjustments) 18.630 Washington Square Regional Center Standards) 18.705 Access, Egress & Circulation) 18.715 Density Computations) 18.725 Environmental Performance Standards) 18.745 Landscaping and Screening) 18.765 Off-Street Parking and Loadmg Requirements) 18.790 Tree Removal) 18.795 isual Clearance) 18.390 Impact Study Section 18.390.040) D. Street and Utility Improvement Standards 18.810 (Street and Utility Improvement Standards) SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTION LAND PARTITIONS: CHAPTER 18.420 Future re-division: Section 18.420.020.D When partitioning tracts into large parcels, the director shall require that the parcels be of such size and shape to facilitate future re-partitioning of such parcels in accordance with the requirements of the zoning district and this title. The proposal is for a 3-lot Minor Land Partition of .37 acres. The location and size of the existing house would prohibit any future division of this property. If the home and improvements were to be removed, parcel 1 could potentially be redeveloped into two lots. Parcels 2 and 3 exceed the minimum lot size by 709.3 square feet that combined difference would not allow the creation of any future lots. This criteria is satisfied. A roval Criteria: Section 18.420.050 T e propose partition complies with all statutory and ordinance requirements and regulations; The proposed partition will comply with all statuto and ordinance requirements and regulations at the time of proposed development as demonstrated bo�h by the analysis presented within this administrative decision and by this application and review process through compliance with the conditions of approval. Therefore, this criterion is met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision. 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. Improvements will be reviewed as part of the permit process and during construction, at which time the appropnate review authority will insure that City and applicable agency standards are met. Based on the analysis in this decision, this criterion is met. MLP2003-00008 PERRY PARTITION PAGE 4 OF 17 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. There is no minimum lot width requirement in the R-12 zoning district. Therefore, this criterion is not applicable 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-12 zoning district is 3,050 square feet per unit: The proposed lots exceed the minimum lot sizes of the zone. There are no flag lots associated with this proposal. Therefore, this criterion is met. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. Ac��rding to the�lan, lot 1 has 90 feet of frontage, and lots 2 and 3 have 38 feet of frontage along SW 92 Avenue. 92 Avenue is a public right-of-way. This standard has been met. Setbacks shall be as required by the applicable zoning district. Setbacks for the existiny house are compliant with the underlying zoning district. Future development of lots 2 and 3 will be sub�ect to all setback requirements at the time of development. This standard has been met. 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 maxim�ze separation from existing structures. None of the proposed lots fit the definition of flag lot. Therefore, this standard is met. 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. All lots have access directly off of SW 92"d Avenue. There are no proposed drives that would require screening. The fire district may require the installation of a fire hydrant where the length of an accessway would have detrimental effect on fire-fighting capabilities. The Fire District provided comments that indicated that they have no conflicts with the proposal. This standard is satisfied. 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 proposed common drives with this development. This standard is satisfied. Any accessway shall comply with the standards set forth in Chapter 18.705, Access, Egress, and Circulation. As discussed later in this analysis, the proposal will comply or be conditioned to comply with the Access, Egress, and Circulation standards. This criterion is satisfied. MLP2003-00008 PERRY PARTITION PAGE 5 OF 17 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 elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. This property is no where near the one-hundred-year floodplain. Therefore, this criterion is not applicable. 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. The applicant has requested a development adjustment which is discussed in the following section of this decision. The adjustment is not related to any of the standards prescribed in the Land Partition Chapter. Therefore, this standard is not applicable. Variances and Ad'ustments 18.370: COMPLIANCE WI H COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.370 allows Adjustments to street improvements by means of a Type II procedure: The applicant has requested an ad1'ustment to the requirements of 18.810.120, which requires that all development either place the utilities under round, or pay a fee in-ieu of placing the utilities underground. The TDC Section 18.370.020(C�(11) affords an applicant the opportunity to request an adjustment to the street improvement requirements when, "Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on natural features such as wetlands, steep slopes, or existing mature trees." In addition, the Community Development Director shall determine that the potential adverse impacts exceed the public benefits of strict application of the standards. The applicant argues that he cannot economically place the utilities underground, and would therefore be required to pay the fee in lieu of placing the utilities underground. He adds that the fee in lieu of placing the utilities is unfair, and that placing the utilities underground would not provide a direct benefit �o him or his development. He uses as an example two, three lot partitions that may be applied for off of SW Lehman Street. He argues that the imposition of the fee on his property is much more than the fee that would be imposed on two properties that would potentially create six lots. There are two points that need to be realized in this argument. First, the adjustment process is to review street improvement requirements not utility improvements. Street improvements include placing curb, gutter, and sidewalks on streets, and to increase the width of the street when it is found to be in adequate. Utilities on the other hand are separate improvements and include improvements such as upgrades to sewer, water, or electrical systems. Second, even if the applicant were to be able to seek an ad�ustment based on the criteria mentioned in TDC Section 18.370.020(C)(11), there is not enough evidence in the record to suggest that the strict application of the standard was unacceptably adverse. The Tigard Development Code requires that the developer take one of finro actions. Either place the lines underground,.or pay a fee in lieu of placing the utilities underground. The fee in lieu of placing the lines underg round is based on the amount of frontage that is being developed. Development is defined as, " a building or mining operation; 2) a material change in the use or appearance of a structure or land; or 3) division of land into two or more parcels, including partitions and subdivisions as provided in Oregon Revised Statues 92." The definition is clear. What the applicant is proposing is devefopment, as he is dividing one lot into three separate parcels. The standard that requires development to place utilities underg round is applied uniformly to all development based on the frontage of that particular development. The requirement is a standard that all development in Tigard must meet unless the standard simply cannot be met. The applicant has failed to provide reasoning that would lead the City to believe that the standard could not be met. Finding: The utility standards are separate from street improvement requirements, and are not subject to ad�ustment under TDC Section 18.370.020(C)(11). MLP2003-00008 PERRY PARTITION PAGE 6 OF 17 If the applicant were to request a variance to the standard, there are not unique circumstances attributable to this property that would preclude the applicant from meeting the standard. Residential Zoning Districts 18.510: Development standards in residential zoning districts are contained in Table 18.510.2 below: TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDEWTIAL ZONES STANDARD R-12 PROPOSED Lot 1/Lot 21Lot 3 Minimum Lot Size -Detached unit 3,050 sq.ft. 8,100.5 SF/3,759.3 SF/3,759.3 SF -Duplexes -Attached unit Average Minimum Lot Width -Detached unit lots - 90 Feet/38 FeeU 38 feet -Duplex lots -Attached unit lots Maximum Lot Covera e 80% +60%/A licable at time of Bld . Minimum Setbacks -Front yard 20 ft. Existing/Applied at the time of building -Side facing street on corner 8�through lots 15 ft. permit -Side yard 5 ft. -Rear yard 15 ft. -Side or rear yard abutting more restrictive zoning district -Distance between ro e line and front of ara e 20 ft. Maximum Hei ht 30 ft. unknown Minimum Landsca e Re uirement - - [1]Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. [2]Lot coverage includes all buildings and impervious surfaces. A minimum lot size of 3,050 square feet is required for each lot. The proposed lot sizes meet this standard, however, the site size will be confirmed by survey prior to final plat approval. Development standards will apply to all future development of the sites. Finding: The construction on Lot 1 is pre-existing, and there are no structures proposed to be placed on lots 2 and 3. All new construction on any of the three lots will be required to meet the development standards of the applicable zone at the time of construction. Chapter 18.630 Washington Square Regional Standards: All new developments including remodeling and renovation projects resultin� in new non single-family residentia� uses are expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainage, and partici pate in funding future transportation and public improvement projects necessary within the Washington Square Regional Center. The proposed development deals strictly with single-family residential development. The standards of this chapter are found to be inapplicable to this proposed development. Cha ter 18.705 Access E ress and Circulation: Access Management Section 18.705.030.H Section 18.705.030.H. states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. MLP2003-00008 PERRY PARTITION PAGE 7 OF 17 SW 92"d Avenue is a local residential street that is partially improved. There do not appear to be any sight distance issues at present. Future development of Parcels 2 and 3 will be able to be accomplished wi�h driveways that meet sight distance requirements. 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 be 150 feet, measured from the right- of-way line of the intersectin� street to the throat of the proposed drivewa�. The setback may be �reater depending upon the influence area, as determined from City Engmeer 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 existing driveway and future driveways for Parcels 2 and 3 will not be located within the influence area of a collector or arterial street intersection. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. This criterion does not apPly since 92"d Avenue is a local residential street and the access needs for this development are private driveways. Public street access. All vehicular access and egress as required in Sections 18.705.030(H} and 8.705.030 I 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 three lots will have direct access off of SW 92"d Ave. 92"d Avenue is a public street. This standard is met. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. Minimum access requirements for residential use. 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%. There are no access drives in excess of 150 feet. The deepest lot in the development is approximately 100 feet. There is no need for a tum around. This criterion is satisfied. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backiny motions in situations where finro vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length; There are no driveways associated with this project that are greater than 200 feet in length, the accesses will be reviewed at the time of building permit issuance for lots 2 and 3, and lot 1 has existmg access. Each access will serve only one residence. This criterion is satisfied. Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turn�ng from the street having to wait for tra�c exiting the site. All three lots will have access off of SW 92"d Avenue, which is classified as a local street by the City of Tigard. This criterion is not applicable as no lot will have a driveway approach to an arterial or collector. MLP2003-00008 PERRY PARTITION PAGE 8 OF 17 � - DENSITY COMPUTATIONS: CHAPTER 18.715. 8.715.020 Density Calculation Definition of net develo ment area. Net development area, in acres, shall be determined by subtracting the ollowing land area s) from the gross acres, which is all of the land included in the legal description of the property to be developed: All sensitive land areas: a. Land within the 100-year floodplain; b. Land or slopes exceeding 25%; c. Drainage ways; and d. Wetlands. All land dedicated to the public for park purposes; All land dedicated for public rights-of-way. When actual information is not available, the followin� formulas may be used: a. Single-family development: allocate 20% of gross acreage; b. Multi-family development: allocate 15% of gross acreage. All land proposed for private streets; and A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. Gross Developable area 16,1172 Existing Home - 3,050 SF Net Developable Area 13,067 Square Feet Calculatin maximum number of residential units. To calculate the maximum number of residentia units per net acre, divide the number o square feet in the net acres by the minimum number of square feet required for each lot in the appl�cable zoning district. The maximum number of residential units that would be available to the site is 4. The proposal calls for two additional residential units for a total of three units on including the existing house. This standard has been satisfied. Calculatin minimum number of residential units. As reyuired by Section 18.510.040, the minimum number o residential units per net acre shall be calculated by multiplying the maximum number of units determined in $ubsection B above by 80% (0.8). The minimum number of residential units that can be accommodated is 3. This standard has been satisfied. ENVIRONMENTAL PERFORMANCE STANDARDS: CHAPTER 18.725 Requires that federal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 of the Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P) zoning district, there shall be no use, operation or activity.which results in a stack or other pomt- source emission, other than an emission from space heat�ng, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 340-28-070) apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is Permitted in any given zoning district which is discernible without instruments at the property ne of the use concerned. MLP2003-00008 PERRY PARTITION PAGE 9 OF 17 Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare, whether from floodlights or from high temperature processes such as combustion or welding, which is visible at the lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parkin� areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. FINDING: As this is a typical detached single-family project, which is a permitted use in the R-12 zone, it is anticipated that none of the environmental conditions that have been listed above will be compromised beyond allowable levels. The above performance standards are met. These standards would be subject to code enforcement investigation if for some reason the above standards were in question. LANDSCAPING AND SCREENING: CHAPTER: 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 the adoption of this title shall be required to plant street trees in accordance with the standards in Section 18.745.040C. There are no street trees proposed, and the applicant argues in the narrative that the property should be exempted because of the existing landscapin� on parcel 1. The Tigard Development Code affords a landowner the opportunity to, apply for an ad�ustment to the placement of street trees when they would conflict with existing utilities, if there is not enough room for the street trees, and if the planting of a street tree would present a vision clearance problem. The adjustment also allows the owner an opportunity to request that e�xisting trees be utilized to meet the requirement. The property has ± 150 feet of frontage on SW 92� Ave, and the applicant has not provided a street tree plan or requested an adjustment to the standard. This criterion has not been satisfied. FINDING: The application does not provide for street trees as required by the TDC Section 18.745.040. CONDITION:Prior to final plat approval, the applicant must provide a street tree plan or apply for an adjustment to the street tree requirements as outlined in TDC section 18 370.020(6). The street tree �lan must provide street trees along the frontage of SW 92"� Avenue as required in Section 18.745.040(C). Bufferin and Screenin : Section 18.745.050 This section o the evelopment code outlines the requirements necessary to provide buffering and screening when two different uses are adjacent to one another. The applicant is proposing to partition the lots to accommodate possible future construction of residences on the lots. Since the lots are large enough for only single-family units, and they are adjacent to existing single-family units, there are no requirements to provide additional buffering and screening. OFF-STREET PARKING AND LOADING REQUIREMENTS: CHAPTER 18.765 T is hapter is applica e or deve opment projects w en there is new construction, expansion of existing use, or chan�e of use in accordance with Section 18.765.070 Minimum and Maximum Off-Street Parking Requirements. MLP2003-00008 PERRY PARTITION PAGE 10 OF 17 The proposed project will create 2 new lots for single-family construction. Submittals of detailed plans for the constructton of any home within the development are not necessary at this time. Table 18.765.2 requires that one (1) off-street parking space be provided per detached dwelling unit. There is no maximum limit on parking allowed for detached single-family dwellings. There is also no bicycle parking requirement for single-family dwellings. Staff notes that there is a 20-foot required setback from the face of garages to property lines in ali residential zones. To ensure that homes constructed in this development comply with these standards, the following condition shall apply: CONDITION: At the time of submittal for building permits for individual homes within the development, the developer shall submit materials demonstrating that one (1) off-street parking space, which meets minimum dimensional requirements and setback requirements as specifed in Title 18, will be provided on-site for each new home. TREE REMOVAL: CHAPTER: 18.790 Tree Plan Requirement: Section 18.790.030 Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a ce ti if ed 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 none of the trees would be removed for this partition, and there are no trees on proposed lots 2 and 3 over 12 inches in diameter. FINDING: Although there are no trees pro posed for removal, there is a possibility that trees could be affected during construction of any new structures on the new lots. Therefore, the following condi�ions shall apply. CONDITIONS: . Prior to any construction on lots 1, 2, or 3, an arborist report must be submitted to the City arborist to ensure that the trees can survive the construction, are healthy, and are protected. . Should any of the trees on site be damaged or removed during site preparation or development of the lot, the applicant shall notify the City to discuss protection measures and mitigation if necessary. VISUAL CLEARANCE AREAS: CHAPTER 18.795 Visual Clearance Requirements: Section 18.795.030 At corners. Except within the CBD zoning district a visual clearance area shall be maintained on t e corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction except for an occasional utility pole or tree), exceeding three feet in height, measured from the�op of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. Additional to o ra hical constraints. Where the crest of a hill or vertical curve conditions contribute to the o struction of clear vision areas at a street or driveway intersection, hedges, plantings, fences, walls, wall structures and temporary. or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area. Computations: Section 18.795.040 MLP2003-00008 PERRY PARTITION PAGE 11 OF 17 Non-arterial streets. Non-arterial streets 24 feet or more in width. At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where at least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall be a trianyle formed by the right-of-way or property lines along such lots and a straight line joining the right-of-way or property line at points which are 30 feet distance from the intersection of the right-of-way line and measured along such lines. See Figure 18.795.1: FIGURE 18.795.1 ILLUSTRATIONS OF VISUAL CLEARANCE REQUIREMENTS . h4vu�" � �� . � ' �� g��o� �,�Y . � . .� .., � 3' /� �-_ . _-�" '"��►' , ' �.'.: �DI - : • • Lthti . : g0' 3D' C�g(,.{'p� �p� �, -- �e�k Y �free.f The applicant has not identified visual clearance areas on the site, but staff has visited the site and observed no obstructions to the visual clearance areas. An�r violations of the vision clearance triangle will be handled by code enforcement proceedings. This critenon is satisfied. IMPACT STUDY: Section 18.390.040.B.e Requires that the applicant shall include an impact study. The study shall address, at a minimum, the transportation system, including bikewa�s, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each public facility system and type of impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code reguires the dedication of real property interests, the applicant shall either specifically concur with the dedication of real property interest, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. When determining the reasonableness of a requirement, Staff will look at rough proportionality. To do this, Staff begins with assessing, the amount of Traffic Impact Fee (TIF) that will be paid by the development. In this case (assuming the development of Parcels 2 and 3 takes place at least after July 1, 2003), the amount of TIF that will be paid is approximately $5,060.00. A study was conducted several years ago by Group Mackenzie that shows that the TIF only covers approximately 32% of a project impact. Therefore, the full project impact is calculated by dividing the TIF by 0.32. The Full Impact amount for this development is approximately$15,813.00. To determine rough proportionality, Staff must weigh the value of the requirements in question with the value of what is called the Unmitigated Impact. The Unmitigated Impact is calculated by subtracting the TIF from the Full Impact amount, or: $15,813.Q0 - $5,060.00 = $10,753.00 is the unmitigated impact of this development. The applicant has provided an impact study, and the agencies responsible for ensuring the maintenance and provision of public facilities have reviewed this proposal for impacts. There were no impacts identified that would require additional improvements to any of the public systems. This criterion has been satisfied. MLP2003-00008 PERRY PARTITION PAGE 12 OF 17 D. Street And Utility Improvements Standards Section 18.810: Chapter 18.810 provi es construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Street 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 an arterial street to have an 80-foot right-of-way width and a 48-foot paved section. A local residential street must have a ROW width between 42 to 54 feet and a paved width from 24 to 32 feet wide. 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 92"d Avenue, which is classified as a local residential street on the City of Tigard.Transportation Plan Map. At present, there is approximately 50 feet of ROW on this street, according to the most recent tax assessor's map. The roadway currently serves parcels befinreen Coral Street and just north of Borders Street. The applicant is not proposing to dedicate additional ROW ad�'a_cent to this site. Staff reviewed this street to determine whether or not the current ROW width will suffice for future traffic needs. Staff also had to determine whether or not further development is likely to occur at other parcel locations along the street where ROW dedications would be possible. A 50-foot wide ROW could accommodate a 28-foot wide paved section under current Cit standards. A 28-foot wide paved section would accommodate approximately 500 vehicles per day. �ased upon the current use and the number of parcels that will be served by this street, the volumes will likely be under 500 cars per day. Also, the other parcels along this street have very little potential for further development. It is therefore unlikely that the City could require consistent ROW dedications to achieve a wider overall ROW. Based upon the current width of ROW, the development potential of ad�acent parcels, and the anticipated level of traffic on this street, Staff finds that further ROW dedication for this parcel is not necessary. SW 92"d Avenue is paved but not fully improved to City standards. TMC 18.810.030(A)(1) states that streets within a development and streets ad�acent shall be improved in accordance with City standards. However, 18.810.030(A)(5) states that the City may accept a future improvement guarantee in lieu of street improvements if the improvement associated with the project does not, b itself, provide a significant improvement to the street safety or capacity. Although this developmen�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 tF�e applicant be permitted to enter into an agreement with the City whereby the owner agrees to participate in any future widening project for the street carned out b the City, a third party, or through a local improvement district. This agreement must be executed prior�o approval of the final plat. The applicant's narrative indicates they are willing to execute such an agreement. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be desi�ned with due regard to providing adequate buifding sites for the use contem�lated, cons�deration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of-way line except: MLP2003-00008 PERRY PARTITION PAGE 13 OF 17 . Where street location is precluded by natural topography, wetlands or other bodies of water or, pre�xisting devetopment 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. 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 connecfions shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. The site is an infill lot surrounded by pre-existing development there are no further opportunities to provide any connections. This standard is met. Lots - Size and Shape: Section 18.810.060(A) prohibits lot dePth from bein� more than 2.5 times the average lot width, unless the parcel is tess than 1.5 times the minimum lot size of the applicable zoning district. The average width for lot 1 is approximately 90 feet, and the depth is approximately 89 feet. Lots two and three are about 38 feet wide each and about 100 feet deep. Althou�h there depths are greater than 2.5 times their width, both lots are less than 1.5 times the minimum lot size of the zone. This standard is met. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requ�res 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. All three lots exceed the minimum frontage requirements. This standard has been discussed previously in this decision. 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 executing a future improvement guarantee agreement, the applicant will meet this criterion. 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 92"d Avenue that has ample capacity for this development. The road ROW is not annexed into the City, so jurisdiction of this sewer line falls to Clean Water Services (CWS). The applicant will be required to obtam a permit from CWS for the future sewer laterals to the new parcels.. The permit must be obtained prior to plat review and approval. The work must be completed prior to issuance of building permits. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. MLP2003-00008 PERRY PARTITION PAGE 14 OF 17 �' . Accommodation of U pstream 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). The under-developed larger parcels to the west of this site slopes toward this site in a southeaste�ly manner. However, there is no specified route for storm water to be released from the area without impacting this site with overland flows. Staff recommends the applicant dedicate a public storm drainage easement across this site that would allow for the future installation of a storm line when the parcels to the west develop further. There is an existing utility easement shown on the applicant's pr�liminary plan (Book 438, Page 809) that may allow for a variety of utilities to cross the site to 92" Avenue. If, however, the current easement does not permit sform drainage crossing, the applicant will need to dedicate an additional easement. 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 exist�ng 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 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). Since this site slopes toward 92"d Avenue, and since that ROW is not within City limits, the storm drainage review for this pro�ect will be conducted by CWS. The applicant should coordinate with CWS with regard to any detention requirements. 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-�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 utilit�es outweighs the benefit of under-grounding in conjunction with the devefopment. The determination shall be on a case-by-case basis. The most commonl 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. There are existing overhead utility lines along the frontage of SW 92"d 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 165 lineal feet; therefore the fee would be $4,538.00. The applicant has asked for an adjustment to this standard. The adjustment was addressed previously in this decision. MLP2003-00008 PERRY PARTITION PAGE 15 OF 17 ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water S stem: This site will e serve from the Tualatin Valley Water District (NWD). The applicant will need to apply for new water services with each new building permit. 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 fac�lities. 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 2. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee m-lieu on this application. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $30.00 per address shall be assessed. This fee shall be paid to the City prior to approval of the final plat. For this project, the addressing fee will be $60.00. Surve Re uirements The applicanYs inal plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: . GPS tie networked to the City's GPS survey. . By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicanYs.engineer shall provide the City with an electronic file with points for each structure (manholes, catch basms, 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 VII. OTHER STAFF COMMENTS: City of Tigard Water Department reviewed the proposal but offered no comments. City of Tigard Operations Department reviewed the proposal but offered no comments. City of Tigard Building Division reviewed the proposal but offered no comments. City of Police Department has reviewed the proposal but offered no comments. SECTION VII1. AGENCY COMMENTS Tri-Met has reviewed the proposal but offered no comments. MLP2003-00008 PERRY PARTITION PAGE 16 OF 17 Clean Water Services was notified but provided no comments. Tualatin Valley Fire & Rescue was notified, and stated that the fire district has not conflicts with the proposal. SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owner of record within the required distance X Affected govemment agencies Final Decision: THIS DECISION IS FINAL MAY 30, 2003 ON AND BECOMES EFFECTIVE ON JUNE 14, 2003 UNLESS AN APPEAL IS FILED. A�e�al: 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 submitfed by any party during the appeal hearing, sub�ect to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JUNE 13, 2003. Questions: I yo�u have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at(503) 639�171. _.�.�� May 30, 2003 PREPARED BY: Brad ilby DATE Associate Planner �..----- �---� �� • � J�" May 30, 2003 APPROVED BY: Richard Bewe o DATE Planning Mana e MLP2003-00008 PERRY PARTITION PAGE 17 OF 17 . � GEOGA�P��= �N�..RU+i�CM S+SiEU 'i � YICINITY MAP 91 ST w w - - - - - - - - > > - - - - - - - - ¢ Q MLP2003-00008 BORDERS ST VAR2003'OOO�� PERRY PARTITION m � � � LEHMANN ST . , � _ I � 0 0 I �' '1% / ZI � .•�.�':i.9r<sFea- N v. `�`Rb ' 'Q� I-'' —_ aR,- `: _. : .aa'!---�.'' - FC: ' i ) w.._9�,Si Y CORAL ST ��`�'�` " _ '/ �. „�%= ;<_._� .�� ,, :: _ �M�„ .:��....,G�. �. '\BuLI Gi:R � � /---��..:..9.�; QP ` �NpNITA p i......... •--�f�:-.... ; -( '..... / i BE�BFNG H� )H1U �nM� RD� _�----'"- � J/ ��'�•� ,.. � Tip�rtl Mt�M�p � LOCUST ST N �I � O ' 0 1D0 200 900 400 Feet � 1"=721 feet MAPLELEAF ST W � > ¢ . City of Tigard � �! Inlom+�uon on t�li map it lor pm�ni loc�tion o�y�nA •hould be verifiad with Me Dsvelopment Ssrvicei Division. 71725 SW Hdl Blvd Tipartl,OR 9M2� (503�6J9-l171 AItp:/hw.w.ei.tigeM,or.u� Community Development Plot date:May 2,2003;C:\magiclMAGIC03.APR � � . 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I�'.�_� 7tn i�// z•" n,�]l�:,n � .�, ,. f� ,�:, SW CORAL STREET (60' R/VI� .`��N� �- ; (�TY oF T��ARp '� MLP2003-00OO8/VAR2003-00023 s�rE P�.wN PERRY PARTITION (Map is not to scale) N NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2003-00008 CITYOFTIOARD Community�DeveCapment PERRY MINOR LAND PARTITION ShapingABetterCommunity 120 DAYS = 8/21/2003 SECTION I. APPLICATION SUMMARY FILE NAME: PERRY MINOR LAND PARTITION CASE NOS: Minor Land Partition (MLP) MLP2003-00008 Adjustment (VAR) VAR2003-00023 PROPOSAL: The applicant is requesting approval of a 3-lot Minor Land Partition of .37 acres. Parcel 1 has an existing home on site, and the two new parcels are expected to be developed with residences in the future. The lot sizes for this development would be 8,100, 3759, and 3,759 square feet respectively. The applicant is also requesting a development adjustment to waive or adjust the fee in lieu of under grounding the utility lines. APPLICANT/ Steve and Lorinda Perry OWNER: 9885 SW 92"d Avenue Tigard, OR 97223 LOCATION: 9885 SW 92"d Avenue; WCTM 1 S126DC, Tax Lot 3001. COMP. PLAN DESIGNATION: Medium-Density Residential. ZONE: City of Tigard R-12 zoning district. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.630, 18.705, 18.715, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795, and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for a Minor Land Partition subject to certain conditions, and has DENIED the Adjustment. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25G) per page, or the current rate charged for copies at the time of the request. SECTION III. PROCEDURE AND APPEAL INFORMATION Notice: oi�-t ce mailed to: X The applicant and owners —� Owner of record within the required distance �— Affected government agencies Final Decision: THIS DECISION IS FINAL ON MAY 30, 2003 AND BECOMES EFFECTIVE ON JUNE 14, 2003 UNLESS AN APPEAL IS FILED. �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 �led 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 JUNE 13, 2003. Questions: For further information please contact the Planning Division Staff Planner, Brad Kilbv at (503) 639=4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. �=— , �, ne�M............... .v...'ITY MAP 91 T � � ��__�� . a a MLP2003-00008 BORDERS ST VAR2003-00023 ; PERRY PARTITION : w � LEMMANN 5T S � C g' 2 N CORAL � . � � r �...--i .-k 'i �.....w. OCUST gT N r- ��.� \ F �� Ciry ot Tiw�d SW LEHMAN STREFT(COUNTY ROAD N0.8S0)(60'R/W)i� .. . •� � / •'p � � � MN ru'p�pM � ' ._.".__' ___ j...._ .' _........ �i�� r�r uar i �i�' � O . �I � v� .�„r �§ �' �..�..r �I I' F 0 ..� }�� ... � � � $3 tl��`� � �' � Z � j�l�� + � �I �� y�'I� Q ... ;�.� ° � I�'�i ��W..i I d _' .'�_..R .Y.�� .m�n . *� .Ww' _ .'"__' � .j'° �,� - i" .s�n.�.e.� _�.F� � I "- Q y " _ I fi n ( �� p�' ..s.+r..w. .. F�4� ; li� � f � �� r _ _ ._ �.'i� i �I i 0 a�.�.,,�.�,.�.� � •'�.i(, ., w.a,e a..w ..�......�. . } �...�� i . � "�K''_!�.—._...... �� ..,...,b...�, � YI �� a U w ' 7�r 1 I I!�. � 1 I�I �'�w I i - a�.,. �� ,�. _ ___ _. _ � ,; � 1 r:-- — �,,,�„ , j-:. SW CORAL STREET(60'RJW) � �r��"°:-• �� OF T16AI;� � MLP2003-00008/VAR2003-00023 s�rc �u►e� � PERRY PARTITION (Map is not to scale) � 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 APPLICATIOH CITYOfTIGARD MINOR LAND PARTITION sjuipingt7�t�rCommuniry DATE OF NOTICE: May 5, 2003 Fi�E tvunnBER: MINOR LAND PARTITION (MLP) 2003-00008 ADJUSTMENT (VAR) 2003-00023 FILE NAME: PERRY PARTITION PROPOSAL: The applicant is requesting approval of a 3-lot Minor Land Partition of.37 acres. Parcel one has an existing home on site, and the two new parcels are expected to be developed with residences in the future. The lot sizes for this development would be 8,100; 3,759; and 3,759 square feet respectively. The applicant is also requesting a development Adjustment to waive or adjust the fee in-lieu of undergrounding the utility lines. ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.630, 18.705, 18.715, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795, and 18.810. LOCATION: 9885 SW 92nd Avenue; WCTM 1 S126DC, Tax Lot 3001. 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 MAY 19, 2003. All comments should be directed to Brad Kilby, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIUERED IN TNE 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 MAY 28, 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 w�itten 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 retied 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." YICINITY MAP 91ST � � ��______ MLP2003-00008 80RDERS 5T VAR2003-00013 , PERRY PARTITION w i � LEHMANN ST � O � Z CORAL S _ i�j •7 �.;Y� O U5T ST N r AF �2 CnyafTiprd Q � r wtw+w�wx.a�w.� 1�yn.o��rul � REQUEST FOR COMMENTS CITYOFTIGARD Community�DeieCopment S`tapingA�etter Community DATE: May 5,2003 T0: lim Wolf,Tigard Police Department Crime Pre�entlon Officer FROM: Ciry of Tigard Plannin9 Division STAFF CONTACT: Brad Kiiby,Associate Planner[x24341 Phone: [5031639-41)1/Fax: [5031684-7291 MINOR LAND PARTITION[MLPI 2003-00008/ADIUSTMENT[VARI 2003-00023 ➢ PERRY PARTITION Q REQUEST: The applicant is requesting approval of a 3-lot Minor Land Partition of .37 acres. Parcel one has an existing home on site, and the two new parcels are expected to be developed with residences in the future. The lot sizes for this development would be 8,100, 3759, and 3,759 square feet respectively. The applicant is also requesting a development Adjustment to waive or adjust the fee in-lieu of undergrounding the utility lines. LOCATION: 9885 SW 92nd Avenue; WCTM 1 S126DC, Tax Lot 3001. ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.630, 18.705, 18.715, 18.725, 18.745, 18.755, 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: MAY 19, 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. PLE SE 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: J ��• vJo�� .� ?5�;I � REQUEST FOR COMMENTS CITYOFTIGARD Community�Devefopment ShapingA�etter Community DATE: May 5,2003 T0: Dennis Koellermeier,Operations Mana9er/Water Department ��VE� �ROM: Ciry of Ti9ard Plannin9 Division '�'°' f? :' 2003 C:1 I T vr �IIaA�� STAFF CONTACT: Brad Kild]1,Associate Planner[x24341 �� .��,�� •- - ... . ' _etGl�!E��-�c Phone: [5031639-4111/Fax: [5031684-1291 MINOR LAND PARTITION[MLPI 2003-00008/ADIUSTMENT[YARI 2003-00023 ➢ PERRY PARTITION Q REQUEST: The applicant is requesting approval of a 3-lot Minor Land Partition of .37 acres. Parcel one has an existing home on site, and the two new parcels are expected to be developed with residences in the future. The lot sizes for this development would be 8,100, 3759, and 3,759 square feet respectively. The applicant is also requesting a development Adjustment to waive or adjust the fee in-lieu of undergrounding the utility lines. LOCATION: 9885 SW 92"d Avenue; WCTM 1 S126DC, Tax Lot 3001. ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.630, 18.705, 18.715, 18.725, 18.745, 18.755, 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: MAY 19, 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: ;�ll,�j,��P o�� c�,ic,o r��co GJY.� I Name 8�Number of Person Commenting: I � �� • ,,. ^�_ REQUEST FOR COMMENTS ��noFr��aRo Community�evelopment ShapingA�etterCommunity DATE: May 5,2003 T0: Ro Pro e Mana er/Public Works Annex FROM: Ciql of Tigard Planning Uivision ��+ � �� STAFF CONTACT: Brad Kilb]I,Associate Planner[x24341 „ , , Phone: [5031639-4171/Fax: [5031684-1291 MINOR LAND PARTITION[MLPI 2003-00008/ADIUSTMENT[YAR]2003-00023 ➢ PERRY PARTITION Q REQUEST: The applicant is requesting approval of a 3-lot Minor Land Partition of .37 acres. Parcel one has an existing home on site, and the two new parcels are expected to be developed with residences in the future. The lot sizes for this development would be 8,100, 3759; and 3,759 square feet respectively. The applicant is also requesting a development Adjustment to waive or adjust the fee in-lieu of undergrounding the utility lines. LOCATION: 9885 SW 92�d Avenue; WCTM 1S126DC, Tax Lot 3001. ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.630, 18.705, 18.715, 18.725, 18.745, 18.755, 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: MAY 19, 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. PLE 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: I . REQUEST FOR COMMENTS CITYOFTIGARD Community rUevefopment S�aping,�l<i3etterCommunity DATE: MaY 5,2003 T0: Mark YanDomelen,Residential Plans Examiner FROM: City of Ti9ard Plannin9 Division STAFF CONTACT: Brad Kildy,Associate Planner[x24341 Phone: [5031639-4111/Fax: [5031684-7297 MINOR LAND PARTITION[MLPI 2003-00008/ADIUSTMENT[YARI 2003-00023 ➢ PERRY PARTITION Q REQUEST: The applicant is requesting approval of a 3-lot Minor Land Partition of .37 acres. Parcel one has an existing home on site, and the two new parcels are expected to be developed with residences in the future. The lot sizes for this development would be 8,100, 3759, and 3,759 square feet respectively. The applicant is also requesting a development Adjustment to waive or adjust the fee in-lieu of undergrounding the utility lines. LOCATION: 9885 SW 92"d Avenue; WCTM 1S126DC, Tax Lot 3001. ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.630, 18.705, 18.715, 18.725, 18.745, 18.755, 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: MAY 19, 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 8 Number of Person Commenting: I 05/06/03 TUE 10:12 FAX 503 591 0986 TVWD ENGINEERING f�001 REQUEST FOR COMMENTS C��ARD Community�Developmettt S(tupingA�Better Cammunity DATE: M�115,YDO$ T0: Tualatlw Yalley Water Dis�rlct Aiolnlstratiue Offices FROM: CIq101�Ig�rd�IaMn�a�Ivialen T� STAfF CONTACT: Brsd KIIInI,Asso�lno PI'nnor[xY4S4l ��it-� ' �'��J!S Pho■e: t50316�9-41TVFax: [50�1684-)297 5�/ g`�$-3`'ZS MINOR WiD PARTI110N[INiPI 2003-0000�/AO11S1'MEMT[VABI Y003-00023 ➢ PERRY PARTITION Q REQUEST: -�he applicant is requesting approval of a 3-lot Minor Land Partition of .37 acres. Parce! one has an ��xisting home on site, and the two new parcels are expected to be developed with residences in the future. The lot sizes for this development would be 8,100, 3759, and 3,759 square feet respectiv�:ly. The applicant is also requesting a development Adjustment to waive or adjust the fee in-lieu of undE�rgrounding the utility lines. LOCATION: 9885 SW 92"d Avenue; WCTM 1 S126DC, Tax Lot 3001. ZC►NE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodatE! a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community C�evelopment Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.630, 18.705, 18.715, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795, and 18.810. Attached are thE� Slte Plan, Viclnity Map and Applicant's Information for your review. From information supplied by various departments and agencies and from other information available to our statf, a report and recommendation will be prepared and a decision will be rendered on the pro �osal in the near future. If you wish to comment on this applicat�on,�f' � ��., ��',�,•., ��. ,�� .�„", � �i ,��. �f;�•�r. :.!�I '' !`!, '!I You may use the space provided below or attach a sep2�rate letter to retum your comments, If vou are unable to res�ond bv the above date, please phone the staff contacl: noted above with your comments and confirm your comments in writing as soon as possible. If you have any questi��ns, contact the Tigard Planning Division, 13125 SW Hall Blvd.,Tigard, OR 97223. PLEASE CHECK T�'�C�kLOV11�NG IT�MSTHAT ApPLY:` � We havE► reviewed the proposal and have no objections to it. Please c:ontact of our office_ Please refer to the enclosed letter. _ Wrltten comments provided below: Name& Nurriber of Perscn Commenting: - , ,/� }� v v/ 5 � �3 _ � - _ ;i REQUEST FOR COMI�ENTS � ��n�A� Comnrunity�Deve(opment Commurrtty earE: baY5.2oa� `J � [� [� � l [� T0: lee Wa1Ker.6leau�Wat�rServle�s/SWhM Progran � MAY 0 6 2003 FlIOM Clry o[Ti�ard PIBn�ing o�s�on �Y STAH (,ONTACT: Brad Kilby,�l�ssoc�ate Planner[xY43�4] Phenc: [50��i�]6�9-4�1/Fa�c: [503)6847291 MIN�R LAIlI�PARTITION[dILPI 200�-0OOUB/AUIUS'iMENT NARI 2003-00023 ➢ PERRY PARTITION Q RE� IJEST: The applicant is requesting approval of a 3-lot Minor Land Partition of .37 acres. Parcel one I�as an existing home c�n site, and the finro new parcels are expected to be developed with resi I�;nces in the future. Th� lot sizes for this development would be 8,100, 3759, and 3,759 square feei respectively. The applica,nt is also requesting a development Adjustment to waive or adjust the fee in-li :�� of undergrounding the utility lines. LOCATION: 9885 SW 92"d Avenue; WCTM 1S126DC, Tax Lot 3D01. ZONE: R-12: M�dium-Density Residential District. The R-12 zoning district is designed to acc �mmodate a full range of i�ousing types at a minimum Iot size of 3,050 square feet. A wide range of civi� and insfiitutional uses are alsv permitted conditionally. APPLICABLE REVIEW CRI7ERIA: Co� ununity Development Code Chapters: 18.370, 18.390, 1$.420, 18.510, 18.630, 18.705, 18.715, 18.� �!5� 18.745, 18.755. 18.7E'�5, 18.790, 18.795, and 18.810. Atta< r�d are the Site Plan,Vicirr'Ity Map and Applicant's Informatien for your review. From information supplied by varic is departments and agencie:s and from othe�information available to our staff, a report and recommendation will be p Epared and a de�ision will be rendered on the roposal in the near future. If you wish to comment on this , �� ..�..,,�,�� "��I�'A�VI �r i��. ��h� B��"��T� ��""''�j°"'i( You may use the space provided below appli K�tion, �� .� ^ � or at ��h a separate letter to return your comments. If ou are unable to res ond b the above date, please phone the < <iff contaCt noted above witF� your camments and confirm your camments in wnting as soon as possible. If you havE 2,ny questions, contact the Tigard Planning Division, 13125 SW Hall Blvd_,Tigard, OR 97223. ,I,,,�,E �'SE,i,C�� EC�IRH�II�i�I��,.LLO�I!�IG��„�J�„�I��,,,�,,,�T'��P��;I;!''i� We have reviewed the proposal and have no objections to it. � Please contact of our office. � Please refer to the enclose:d letter_ Written comments provi�ded below: _ V�J L �ene&Number of Person Connmenting: i00�j S��IA?I�S 2I3.LVMf I1V3'I� 9ZS�9�8£09 %V3 Z5�S0 �0/6T/90 � Bradley Kilby-Perry Partition � Page 1 � From: "McMullen, Eric T." <Eric.McMullen@tvfr.com> To: "Brad Kilby" <bradley@ci.tigard.or.us> Date: 5/29/03 8:14AM Subject: Perry Partition Brad, The Fire District has no conflicts with the Steve Perry Partition proposal. Eric McMullen Deputy Fire Marshal Tualatin Valley Fire& Rescue r MEMORANDUM CITY OF TIGARD, OREGON DATE: May 27, 2003 TO: Matt Scheidegger, Assistant Planner FROM: Brian Rager, Development Review Engineer RE: MLP 2003-00008, Perry Partition Access Management (Section 18.705.030.H� Section 18.705.030.H.1 states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meeting adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washington County, the City and AASHTO. SW 92�d Avenue is a local residential street that is partially improved. There do not appear to be any sight distance issues at present. Future development of Parcels 2 and 3 will be able to be accomplished with driveways that meet sight distance requirements. 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 existing driveway and future driveways for Parcels 2 and 3 will not be located within the influence area of a collector or arterial street intersection. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. ENGINEERING COMMENTS MLP 2003-00008 Perry Partition PAGE 1 r This criterion does not apply since 92nd Avenue is a local residential street and the access needs for this development are private driveways. Street And Utility Improvements Standards (Section 18.810): Chapter 18.810 provides construction standards for the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Streets: Improvements: Section 18.810.030.A.1 states that streets within a development and streets 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 42 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 92�d Avenue, which is classified as a local residential street on the City of Tigard Transportation Plan Map. At present, there is approximately 50 feet of ROW on this street, according to the most recent tax assessor's map. The roadway currently serves parcels between Coral Street and just north of Borders Street. The applicant is not proposing to dedicate additional ROW adjacent to this site. Staff reviewed this street to determine whether or not the current ROW width will suffice for future traffic needs. Staff also had to determine whether or not further development is likely to occur at other parcel locations along the street where ROW dedications would be possible. A 50-foot wide ROW could accommodate a 28-foot wide paved section under current City standards. A 28-foot wide paved section would accommodate approximately 500 vehicles per day. Based upon the current use and the number of parcels that will be served by this street, the volumes will likely be under 500 cars per day. Also, the other parcels along this street have very little potential for further development. It is therefore unlikely that the City could require consistent ROW dedications to achieve a wider overall ROW. ENGINEERING COMMENTS MLP 2003-00008 Perry Partition PAGE 2 Based upon the current width of ROW, the development potential of adjacent parcels, and the anticipated level of traffic on this street, Staff finds that further ROW dedication for this parcel is not necessary. SW 92"d 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 permitted 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. The applicanYs narrative indicates they are willing to execute such an agreement. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with due regard to providing adequate building sites for the use contemplated, consideration of needs for convenient access, circulation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall not exceed 1,800 feet measured along the right-of- way line except: • Where street location is precluded by natural topography, wetlands or other 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 ENGINEERING COMMENTS MLP 2003-00008 Perry Partition PAGE 3 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 executing a future improvement guarantee agreement, the applicant will meet this criterion. 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 92"d Avenue that has ample capacity for this development. The road ROW is not annexed into the City, so jurisdiction of this sewer line falls to Clean Water Services (CWS). The applicant will be required to obtain a permit from CWS for the future sewer ENGINEERING COMMENTS MLP 2003-00008 Perry Partition PAGE 4 laterals to the new parcels. The permit must be obtained prior to plat review and approval. The work must be completed prior to issuance of building permits. Storm Drainage: General Provisions: Section 18.810.140.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). The under-developed larger parcels to the west of this site slopes toward this site in a southeasterly manner. However, there is no specified route for storm water to be released from the area without impacting this site with overland flows. Staff recommends the applicant dedicate a public storm drainage easement across this site that would allow for the future installation of a storm line when the parcels to the west develop further. There is an existing utility easement shown on the applicant's preliminary plan (Book 438, Page 809) that may allow for a variety of utilities to cross the site to 92�d Avenue. If, however, the current easement does not permit storm drainage crossing, the applicant will need to dedicate an additional easement. 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 for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). Since this site slopes toward 92"d Avenue, and since that ROW is not within City limits, the storm drainage review for this project will be conducted by CWS. The applicant should coordinate with CWS with regard to any detention requirements. Utilities: ENGINEERING COMMENTS MLP 2003-00008 Perry Partition PAGE 5 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- 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 92nd 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 165 lineal feet; therefore the fee would be $ 4,538.00. The applicant has asked for an adjustment to this standard. The adjustment was addressed previously in this report. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water System: ENGINEERING COMMENTS MLP 2003-00008 Perry Partition PAGE 6 This site will be served from the Tualatin Valley Water District (TVWD). The applicant will need to apply for new water services with each new building permit. 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 2. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on this application. Address Assignments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of$ 30.00 per address shall be assessed. This fee shall be paid to the City prior to approval of the final plat. For this project, the addressing fee will be $60.00. Survey Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other ENGINEERING COMMENTS MLP 2003-00008 Perry Partition PAGE 7 water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: . Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of$60.00. (STAFF CONTACT: Shirley Treat, Engineering). . The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future improvements of SW 92�d 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. . Prior to approval of the final plat, the applicant shall obtain the necessary permits and approvals from CWS for the proposed sanitary sewer laterals for Parcels 2 and 3, and the storm drainage plan for the new parcels. . The applicant shall either place the existing overhead utility lines along SW 92"a 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 $ 4,538.00 and it shall be paid prior to final plat approval. . 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 ENGINEERING COMMENTS MLP 2003-00008 Perry Partition PAGE 8 I ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. . Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext. 426). C. The final plat and data or narrative shall be drawn to the minimum standards set forth by the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard. D. 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. E. 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 PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for review and approval: . Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. . Prior to issuance of the building permit for Parcels 2 and 3, the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS). ENGINEERING COMMENTS MLP 2003-00008 Perry Partition PAGE 9 REQUEST FOR COMMENTS CITYOFTIGARD Community�e�veCapment ShapingA�etter Community DATE: MeY 5,2003 � T0: PER AiTACHED FROM: City of Tigard Plannin9 Division STAFF CONTACT: Brad Kilby,Associate Planner[x24341 Phone: [5031639-4171/Fax: [5031684-7291 MINOR LAND PARTITION[MLPI 2003-00008/ADIUSTMENT[VARI 2003-00023 ➢ PERRY PARTITION � REQUEST: The applicant is requesting approval of a 3-lot Minor Land Partition of .37 acres. Parcel one has an existing home on site, and the two new parcels are expected to be developed with residences in the future. The lot sizes for this development would be 8,100, 3759, and 3,759 square feet respectively. The applicant is also requesting a development Adjustment to waive or adjust the fee in-lieu of undergrounding the utility lines. LOCATION: 9885 SW 92"d Avenue; WCTM 1S126DC, Tax Lot 3001. ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.630, 18.705, 18.715, 18.725, 18.745, 18.755, 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: MAY 19 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: I Name 8 Number of Person Commenting: I � ,. � CITY `.- TIGARD REQUEST FOR COh. :NTS � � ` NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APP ICATIONS ., _,� FILE NOS.: - p FILE NAME: 'R �A �o CITIZEN INVOLVEMENT?EAMS 14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ❑Central�ast ❑South ❑West �Proposal Descrip.in Library CIT Book F � NG RANGE PLANNING/Barbara Shields,Planning Mgr. OMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. �OLICE DEPTJJim Wolf,Crime Prevention Officer 3UILDING DIVISION/Gary Lampella,Building Official NGINEERING DEPT./Brian Rager,Dvlpmnt.Review Engineer�"VUATER DEPTJDennis Koellemieier,Operations Mgr. CITY ADMINISTRATIONlCathy Wheatley,City Recorder UBLIC WORKS/John Roy,Property Manager PUBLIC WORKS/Matt Stine,Urban Forester ✓PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! _C.D./Sherman Casper,Pertnit Coord.(sowcuP re:nF) SPECIAL DISTRICTS TUAL.HILLS PARK 8 REC.DIST.�= TUALATIN VALLEY FIRE&RESCUE�1 _i TUALATIN VALLEY WATER DISTRICT+� � CLEANWATER SERVICES+R Planning Manager Fire Marshall Administrative Office Lee WalkerlSWM 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 Hiilsboro,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 5W First Avenue Jennifer Goodridge Irish Bunnell,Devebpmerrt Services 18880 SW Martinazzi Avenue PO Box 59 775 Summer Street NE PO Box 4755 TualaGn,OR 97062 Portland,OR 97207 Salem,OR 97301-1279 Beaverton,OR 97076 _ OR.PUB.UTILITIES COMM. METRO-LAND USE&PIANNING � OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE CITY OF DURHAM� 600 NE Grand Avenue S00 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland.OR 97232-2736 Portland,OR 97232 PO Box 23483 Bob Knight,oaca Resource Cerrter(ZCa) US ARMY CORPS.OF ENG. Durham,OR 97281-3483 Paulette Allen,Gmwth Managemerrt Coordinator OR.DEPT.OF LAND CONSERV.&DVLP Kathryn Harris _ Mel HUIe,Greenspaces Coordinator(CPA/ZOA) L2fry Ff01lCh(Comp.P�an Amendments Onry) Routing CENWP-OP-G CITY OF KING CITY� Jennifer Budhabhatti,RegionalPWnner(We[lanas) 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,G`owthManagemeMServices Salem,OR 97301-2540 PoNand,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY� OR.DEPT.OF ENERGY�Powenines in nrea) _OR.DEPT OF AVIATION�Monorw�e rowers) Dept.of Land Use&Transp. Bonneville Power Administration Tom Highland,7lannirg 155 N.First Avenue CITY OF LAKE OSWEGO� Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hillsboro.OR 97124 PO Box 369 Portland,OR 97208-3621 Brent CuRis�can> Lake Oswego,OR 97034 _Gregg Leion�cPn� _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 � Anne LaMountain ocr✓uRe� _CITY OF PORTLAND (Notiry for Wellands and Poterrtial Environmerrtal Impacts) _M2f2I1 D2f118ISOIl,Devebpment Rev'iew Coordinator _phil Healy pcwuRS> Planning Bureau Director Regional Administrator Carl Toland, Right-of-Way Section Na�cb�5> VSteve Conwaytce��a�nPPS.� 1900 SW 4'h Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Sr.Cartographer�cPAaG,�MS,. Portland,OR 97201 Portiand,OR 97201-4987 Portland,OR 97209-4037 Jim Nims�zcn�Ms�s _Doria Mateja�zcn>Ms�a WA.CO.CONSOLIDATED COMMUNIC.AGENCY(WCCCA)"911"(MOnopole Towers) ODOT,REGION 1 -DISTRICT 2A� Dave Austin Jane Estes,Perma Speaalist PO Box 6375 5440 SW Westgate Drive,Suite 350 Beaverton,OR 97007-0375 Portland,OR 97221-2414 UTILITY PROVIDERS AND SPECIAL AGENCIES PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(euriington Nonhern/Santa Fe R/R Predecessor) Robert�.Melbo,President&General Manager 110 W. 10th Avenue i` Albany,OR 97321 SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS ATBT CABLE _TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Debra Palmer�n��e.acb�o�y� Pat McGann (If Project is WM1�in Y.Mde of a Trdnsd Roule) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon CouR Ben Baldwin,Project Planner PoRiand,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street BeaveRon,OR 97006-4886 Portland,OR 97232 PORTLAND GENERAL ELECTRIC NW NATURAL GAS COMPANY VERIZON QWEST COMMUNICATIONS Ken GuUerrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Patty Stambaugh,Engineering 9480 SW Bceckman Road 220 NW Second Avenue PO Box 1100 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 PoRland,OR 97209-3991 8eaverton,OR 97075-1100 PorUand,OR 97219 TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 COMCAST CABLE CORP. ATBT CABLE�noP.eor�n+.orssw� Marsha Butler,Administrative Offices Jan Youngquist,Demographics Melody Malone Diana Carpenter 6960 SW Sandburg SVeet 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bidg.12 3500 SW Bond Street Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Portland,OR 97232 � 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 Indicatiag Parties To Notify). n:battyvnasters�rtequest ForComments Notiecation�ist 2.doc (Revised: 3/25/03) � ' , AFFIDAVIT OF MAILIHG CITYOFTIGARD Community�DeveCopment SFwpingA Better�'ommunity I, �'atricia L. Lu�orcf, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdminutrative SpeciaCut for the City of 7zgar , 4Nashington County, Oregon and that I served the following: (cr�dc Approqiate 6ox�5>9ebw) � NOTICE OF PENDIN6 LAND USE APPLICATION fOR: MLP2003-00008/YAR2003-00023 — PERRY PARTITION � AMENDED NOTICE (File No./Name Reference) � City of Tigard Planning Director A copy of the said notice being hereto attached, marked Elchlbl["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 El(hlblt"B", and by reference made a part hereof, on MaY 5,2003,and deposited in the United States Mail on May 5,2003, postage prepaid. � - � (Person that Pr ed Notice) S7A2rE O�'O�GON ) County of`Was(rngton �ss. �'i�y of 7igard ) Subscribed and sworn/affir d before me on the_� day of a , 2003. � ,::,o OFFICIAL SEAL " � b J BENGTSON � l NOTARY PUBLIC-OREGON v "�� COMMISSION NO.368086 MY COMMISSION E�XPIRES APR.27,2007 My commission Fxpires: �'7 v NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: EXHiBIT� 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 MINOR LAND PARTITION Shap��Bet�rCommunity DATE OF NOTICE: May 5, 2003 � �� FILE NUMBER: MINOR LAND PARTITION (MLP) 2003-00008 ADJUSTMENT (VAR) 2003-00023 FILE NAME: PERRY PARTITION PROPOSAL: The applicant is requesting approval of a 3-lot Minor Land Partition of .37 acres. Parcel one has an existing home on site, and the two new parcels are expected to be developed with residences in the future. The lot sizes for this development would be 8,100; 3,759; and 3,759 square feet respectively. The applicant is also requesting a development Adjustment to waive or adjust the fee in-lieu of undergrounding the utility lines. ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.630, 18.705, 18.715, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795, and 18.810. LOCATION: 9885 SW 92"d Avenue; WCTM 1 S126DC, Tax Lot 3001. 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 MAY 19, 2003. All comments should be directed to Brad Kilby, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at (503) 639-4171. ALL COMMENTS MUST BE RECEIVED BY 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 MAY 28, 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 Ciry . 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." YIi1MITY MAP 91ST � ¢ i ___�� ' MLP2003-00008 BORDERS ST VAR�003-00013 �, � I PERRY PARTITION �I J 2 W � IEMMANN T I ~� " � , Z�L & coru� Jj ' I � OCU T S7 • F � N � � AF � p Ciry otriprd C r «o.w^..r�+..wi. �`�ws� +rr��.�+ ��o� �' 1S726DC-08800 � 1S126DC-04200 19 4 P ITION PLAT CHAVEZ ALFRED 8 OWN TS 1-3 CORYELL ALICE O&JACK W EXHIBlT� , 9900 SW 92ND PORTLAND,OR 97223 1 S126DC-02903 1 S126DC-05201 AARON TED R&IDA JANE COBB GREGORY J&MICHELLE M 369 NW BLAIR ST 9245 SW IOCUST ST SHERIDAN,OR 97378 PORTLAND,OR 97223 1 S126DCA1002 1 S 7 26DC-04100 ANAST ANGELINE V CORYELL JACK M&ALICE O 9355 SW LEHMAN REVOCABLE LIVING TRUST PORTLAND,OR 97223 9900 SW 92ND TIGARD,OR 97223 1 S 126DC-02901 1 S 126DC-02700 ASSON STEVEN R&51LVIA C CORYELL JACK M ALICE O 14230 SW KIMBERLY DR 9900 SW 92ND BEAVERTON,OR 97008 PORTLAND,OR 97223 1 S 126DC-03300 1 S 126DC-05505 ATHERTON REALTY PARTNERSHIP COUNSIL ARLEIGH B JR 2100 S WOLF 9110 SW CORAL ST DES PLAINES,IL 60018 TIGARD,OR 97223 1 S126DC-02801 1 S126DC-03301 BARBER JENNiFER M CROFT LIVING TRUST 9055 5W CORAL ST c/o GARRISON PETER PORTLAND,OR 97223 9420 SW LEHMAN TIGARD,OR 97223 1 S 126DC-05502 1 S 126DC-01200 BOTORF VERNON D ST DAVIDSON HOWARD V& 9160 SW CORAL L FERN TIGARD,OR 97223 9665 SW 92ND PORTLAND,OR 97223 1 S 126DC-07 207 1 S 126DC-02000 BOWMAN DIANE M DEISNER RICHARD H&TONYA L 9705 SW 92ND AVE 9103 SW LEHMAN ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 126DC-017 00 1 S 126DC-03200 BRAAM PIETER H M 1992 TRUST ERICKSON O K&ARDIS R TRUSTEES 9315 SW LEHMAN ST 9350 SW LEHMAN ST PORTLAND,OR 97223 TIGARD,OR 97223 1 S 126DC-02100 1 S 126DC-03800 BROWN JAMES E KARYLENE G FISHER MICHAEL Q 9065 SW LEHMAN 9255 SW CORAL PORTLAND,OR 97223 TIGARD,OR 97223 1S726DC-03�J00 ' 1S726DC-02902 GAMMON LYNNE M&JERRY W HENSEL KRISTOPHER J& 9225 SW CORAL ST MAGERS JULIE E PORTLAND,OR 97223 9135 SW CORAL ST TIGARD,OR 97223 1 S126DC-01801 1 S126DC-07101 GARD RICHARD E JR AND HERBST BRANDON UJANA M JOLIN M 9245 SW LEHMAN ST 9150 SW BORDERS TIGARD,OR 97223 PORTLAND,OR 97223 1 S 126DC-00901 1 S 126�C-04001 GETHSEMANE EVANGELICAL HOME ELMORE JR&FLORA M LUTHERAN CHURCH 8775 SW LOCUST ST#9 9640 SW GREENBURG RD TIGARD,OR 97223 PORTLAND,OR 97223 1 S 7 26DC-06300 1 S 126DC-06000 GIFFORD GREG K&HEATHER L HOWSE DIANNA L 9825 SW 91ST PL PO BOX 230861 PORTLAND,OR 97223 TIGARD,OR 97281 1 S 126DC-05303 1 S 126DC-02702 HALAMA PAUL HUNT BETTY JANE TRUST 9070 SW CORAL ST BY WILLIAM HUNT TRUSTEE PORTLAND,OR 97223 8038 NW HAZELTINE ST PORTLAND,OR 97229 1 S 126DC-03600 1 S 126DC-02701 HANSEN MELVIN L JUNE A HUNT WILLIAM TRUSTEE 9395 SW CORAL 8038 NW HAZELTINE ST PORTLAND,OR 97223 PORTLAND,OR 97229 1 S 126DC-02602 7 S 126DC-01800 HARDIN EDNA Q JASPERSON LIVING TRUST 4806 SW WEMBLEY PL 21820 SW FULLER DR BEAVERTON,OR 97005 TUALATIN,OR 97062 1 S126DC-01901 1 S126DC-06100 HARPER CHARLES F JR KLING ROGER S AND JUDY F 9155 SW LEHMANN 11575 SW PACIFIC HWY#201 PORTLAND,OR 97223 TIGARD,OR 97223 1 S 126DC-05101 1 S 7 26DC-03000 HARRIS GREGORY E KNIGHT DANIEL J 9036 NW BENSON ST JOHNSON DEANNA JEAN PORTLAND,OR 97229 9314 SW LEHMAN PORTLAND,OR 97223 1 S 126DC-04000 1 S 126DC-01003 HEFFLER ROBERT ARNOLD LAYMAN DEBORAH J S TRUSTEE 9260 SW CORAL 3216 SW SCHOLLS FERRY CT PORTLAND,OR 97223 PORTLAND,OR 97221 . 1S128DC-07h00 ' 1S126DC-03302 LEHMANN SQUARE HOMEOWNERS MURRAY DOUGLAS J ASSOCIATION TILLIE A 19305 ROBIN CIR#55 9450 SW LEHMAN WEST LINN,OR 97068 PORTLAND,OR 97223 1 S 126DC-05100 1 S 126DC-01902 LOOS BEVERLY A NEUNZERT MICHAEL E/CAROLINE B 9365 SW LOCUST ST 9221 SW LEHMAN ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 126DC-06700 1 S 126DC-02601 LUNDMARK ALBERT C NGUYEN KY V&MINH HANH T 3381 COEUR D'ALENE DR 9150 SW LEHMAN WEST LINN,OR 97068 PORTLAND,OR 97223 1 S 126DC-08500 1 S 126DC-05302 LUNDMARK ALBERT C&ELIZABETH A PEDERSON WM T PAMELA D 3381 COEUR D'ALENE DR 9090 SW CORAL WEST LINN,OR 97068 PORTLAND,OR 97223 1 S 126 DC-06500 1 S 126DC-03002 LUNDMARK ALBERT C&ELIZABETH A PERRY CARL W AND GLORIA M 3381 COEUR D'ALENE DR 9250 SW LEHMANN ST WEST LINN,OR 97068 PORTLAND,OR 97223 7 26DCA8400 1 126DC-05900 LU R ERT C&ELIZABETH A PE L W AND GLORIA M 3381 'ALENE DR 925 ANN ST T LINN,OR 068 RTLAND,OR 223 1 S 126DC-05501 1 S 126DC-02900 MAGILL SUSAN E&DAVID J PERRY NANCY L 9180 SW CORAL 5T 9905 SW 90TH AVE PORTLAND,OR 97223 PORTLAND,OR 97223 1 S 126DC-05400 1 S 126DG03001 METZGER UNITED METHODIST CHURCH PERRY STEPHEN WILLIAM AND 9055 SW LOCUST LORINDA C PORTLAND,OR 97223 9885 SW 92ND PORTLAND,OR 97223 t S 126DC-01102 1 S 7 26DC-06200 MILLER THOMAS M DOROTHY RAHMAN FAHIM S&JAMILA 9745 SW 92ND AVE 9854 SW 91ST PL PORTLAND,OR 97223 PORTLAND,OR 97223 7 S 7 26DC-03500 1 S 126DC-03700 MORROW KENNETH C AUDREY RASMUSSEN DARLA REV LIV TRUST 9411 SW CORAL 603 SW LARKSPUR CT PORTLAND,OR 97223 SUBLIMITY,OR 97385 1S126DC-04Si00 ' 1S126DC-05200 RENAISSANCE VENTURES LLC 8� STITT DEANE A&CAROLYN M BBH INVESTMETNS 10025 SW 92ND AVE 1672 WILLAMETTE FALLS DR TIGARD,OR 97223 WEST LINN,OR 97068 1 S 126DC-01900 1 S 126DC-07900 RODRIGUEZ MIGUEL A& D OF HENRIGUEZ MB ALICIA& 13125 HALL LARA ERIC TI RD,0 7223 9750 SW 92ND AVE PORTLAND,OR 97223 1 S 126DC-01004 1 S 126DC-01001 ROTH JEFFREY A&BETTY A TOBEY MARSHA L 9445 SW LEHMANN 9335 SW LEHMAN ST TIGARD,OR 97223 TIGARD,OR 97223 1 S126DC-05202 15126DC-05601 RUFF MICHAEL L JOYCE E TROUTT JOYCE I 12150 SW 124TH AVE NOW SCHARBROUGH TIGARD,OR 97223 10050 SW 92ND PORTLAND,OR 97223 1 S 126DC-05600 1 S 126DC-05000 SCHARBROUGH DONALD TSE INVESTMENTS LLC JOYCE I PO BOX 1754 10050 SW 92ND LAKE OSWEGO,OR 97035 PORTLAND,OR 97223 1 S 126DC-05603 1 S 126DC-03100 S RBRO H DONALD TYROFF JACK R ELLEN D JOYC 9330 SW LEHMAN 100 W D PORTLAND,OR 97223 P TLAND,O 97223 1 S126DC-05504 1 S126DC-05503 S ARBRO DONALD AND VANDERYACHT MARK S& JOY I MARY E 1005 2ND 9125 SW LOCUST ST TLAND, 97223 TIGARD,OR 97223 1 S 128DC-02402 1 S 7 26DC-06400 SCHROETKE LIVING TRUST ORY DENS OWNER OF BY NEIL AlLINDA K SCHROETKE TRS LOTS - 9070 SW LEHMAN ST TIGARD,OR 97223 7 S126DC-02400 15126DC-01700 S ROETK VING TRUST WARREN RICKS& BY L INDA K SCHROETKE TRS MACADAEG KERI 907 EHMAN ST 9130 SW BORDERS ST T ARD,O 97223 TIGARD,OR 97223 1 S t 26DC-05500 1 S 128DG02007 SCHULTZ ERIC D&JULIE A WEAVER ERIC J&BARBARA K 9130 SW CORAL 9105 SW LEHMAN ST TIGARD,OR 97223 TIGARD,OR 97223 1S126DC-07700 � WEEKS H&D LIFETIME TRUST BY HOWARD B/DOROTHY M WEEKS TRS 12900 SW 9TH ST#321 BEAVERTON,OR 97005 1 S 126DC-02600 WEST MORGAN&EMILY 9170 SW LEHMANN ST PORTLAND,OR 97223 1 S 12sDC-05602 WESTERN CREDIT SERVICES Go BUOY TAMYRA PO BOX 7056 BEAVERTON,OR 97007 1 S126DC-07600 WILKINS CLINTON R KATHERINE J 9120 SW BORDERS TIGARD,OR 97223 1S126DC-03701 ZIMMERMAN LARRY D&DONNA J 9335 SW CORAL ST TIGARD,OR 97223 Jack Biethan 11023 SW Summe�eld Drive, #4 Tigard, OR 97224 Sue Rorman 11250 SW 82�Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78"�Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 CITY OF TIGARD - EAST CIT SUB�OMMITTEE �i:lcurpinlsetupllabelslClT East.doc) UPDATED: April 18, 2002 AFFIDAVIT OF MAILING CITYOFTIGARD (omm�uuty•L��oe(optnent S(°apirrgA rdedierCommunity I, �Patricra L. LunsforQ being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for the City of7'�garcf tillasFiington County, Oregon and that I served the following: (Check Appopriale Box(s)Below} ❑x NOflCE OF DECISION FOR: MLP2003-00008NAR2003-00023 — PERR1f PARTITION � AMENDED NOTICE (File No.Mame Reference) � City of Tigard Planning Director A copy of the said notice being hereto attached, marked Exh161t"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 El[hlblt"B",and by reference made a part hereof, on May 30,2003,and deposited in the United States Mail on May 30,2003, postage prepaid. _ L'L t � `--� G�� (Person that Prep ed Notice) S7A2E O�'O�GON ) County of'iNaslington �ss. City of 2igard ) Subscribed and sworn/affirmed before me on the� day of , , 2003. �� OFFICIAL SEAL �� ;��. J BENGTSON r ' NOTARY PUBUC-OREGON �� _� COMMIS510N NO.368086 �� ' MY COMMISSION EXPIRES APR.27,2007 My commission E�ires: �' U � EXHIBtT� NOTICE OF TYPE II DECISION Yi . MINOR LAND PARTITION (MLP) 2003-00008 Y : CITY OF TIGARD PERRY MINOR LAND PARTITION co""„ur�i�:�«��t ,ShapingA BetterCommunity 120 DAYS = 8/21/2003 SECTION I. APPLICATION SUMMARY FILE NAME: PERRY MINOR LAND PARTITION CASE NOS: Minor Land Partition (MLP) MLP2003-00008 Adjustment (VAR) VAR2003-00023 PROPOSAL: The applicant is requesting approval of a 3-lot Minor Land Partition of .37 acres. Parcel 1 has an existing home on site, and the two new parcels are expected to be developed with residences in the future. The lot sizes for this development would be 8,100, 3759, and 3,759 square feet respectively. The applicant is also requesting a development adjustment to waive or adjust the fee in lieu of under grounding the utility lines. APPLICANT/ Steve and Lorinda Perry OWNER: 9885 SW 92�d Avenue Tigard, OR 97223 LOCATION: 9885 SW 92"d Avenue; WCTM 1S126DC, Tax Lot 3001. COMP. PLAN DESIGNATION: Medium-Density Residential. ZONE: City of Tigard R-12 zoning district. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.630, 18.705, 18.715, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795, and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for a Minor Land Partition subject to certain conditions, and has DENIED the Adjustment. The findings and conclusions on which the decision is based are noted in Section VI. MLP2003-00008 PERRY PARTITION PAGE 1 OF 17 CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: u mit t e o owing to t e anning ivision ra i y , x or review an approval: 1. Prior to final plat approval, the applicant must provide a street tree plan or appI for an adjustment to the street tree requirements as outlined in TDC section 18.370.020(�). The street tree plan must provide street trees along the frontage of SW 92" Avenue as required in Section 18.745.040(C). Submit to the Engineering Department (Brian Rager, 639-4171, ext. 2471) for review and approval: 2. Prior to approval of the final plat, the applicant shall pay an addressing fee in the amount of $60.00. (STAFF CONTACT: Shirley Treat, Engineering). 3. The applicant shall execute a Restricti�e Covenant whereby they agree to complete or participate in the future improvements of SW 92" Avenue adjacent to the sub�ect 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 pa�t 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 sub�ect 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. 4. Prior to approval of the final plat, the applicant shall obtain the necessary permits and approvals from CWS for the proposed sanitary sewer laterals for Parcels 2 and 3, and the storm drainage plan for the new parcels. 5. The applicant shall either place the existing overhead utility lines along SW 92�d Avenue underground as a part of this project, or they sF�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 willbe $27.50 per lineal foot. If the fee option is chosen, the amount will be $4,538.00 and it shall be paid prior to final plat approval. 6. The applicanYs final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: . GPS tie networked to the City's GPS survey. . By random traverse using conventional surveying methods. 7. Final Plat Application Submission Requirements: A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed to practice in Oregon, and necessary data or narrative. B. Attach a check m the amount of the current final plat review fee (Contact Planning/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. MLP2003-00008 PERRY PARTITION PAGE 2 OF 17 D. 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 ap�licant's sunreyor. E. 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 mi e o owing to t e anning ivision ra i y , x or review an approval: ' 8. Prior to any construction on lots 1, 2, or 3, an arborist report must be submitted to the City arborist to ensure that the trees can survive the construction, are healthy, and are protected. 9. Should any of the trees on site be damaged or removed during site preparation or development of the lot, the applicant shall notify the City to discuss protection measures and mitigation if necessary. Submit to the Engineering Department (Brian Rager, 639�171, ext. 2471) for review and approval: 10. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. 11. Prior to issuance of the building permit for Parcels 2 and 3, 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. SECTION III. BACKGROUND INFORMATION Vicinit Information: A single- ami y residence currently occupies the site. The surrounding neighborhood is also developed with single-family residences. Property Histor� The ro erty was developed as a single-famil lot. A search of City records rovided no additional information for this particular property. The site was annexed into the City Limits of Ti�ard in 1998. Prior to that date, the applicant contends that his property was enlarged by benefit of a lot line adjustment that was filed and approved with Washington County. Site Information and Pro osal Descri tion: The applicant is seeking approval o a 3-lot Minor Land Partition of .37 acres. Proposed.parcel one has an existing home on si�e, and parcels two and three are expected to be developed with single-family residences in the future. However, the applicant could apply for any of the uses that would be permitted on property zoned R-12. The lot sizes for this development would be 8,100.5 square feet, 3,759.3 square feet, and 3,759.3 square feet respectively. There is a 15 foot wide access easement along the western boundary of parcel #1 for the benefit of parcel #2. SECTION IV. NEIGHBORHOOD COMMENTS All neighbors within 500 feet of the proposal were given the opportunity to comment on the proposal. The site was also posted during the public comment period. No public comments were received. MLP2003-00008 PERRY PARTITION PAGE 3 OF 17 SECTION V. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this decision are as follows: A. Land Partitions 18.420 (Land Partitions) B. Zoning Districts 18.510 (Residential Zoning Districts) C. S peafc Development Standards 18.370 Variances and Adjustments) 18.630 Washington Square Reg ional Center Standards) 18.705 Access, Egress & Circufation) 18.715 Density Computations) 18.725 Environmental Performance Standards) 18.745 Landscaping and Screening� 18.765 Off-Street Parking and Loading Requirements) 18.790 Tree Removal) 18.795 isual Clearance) 18.390 Impact Study Section 18.390.040) D. Street and Utility Improvement Standards 18.810 (Street and Utility Improvement Standards) SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTION LAND PARTITIONS: CHAPTER 18.420 Future re-division: Section 18.420.020.D When partitioning tracts into large parcels, the director shall require that the parcels be of such size and shape to facilitate future re-partitioning of such parcels in accordance with the requirements of the zoning district and this title. The proposal is for a 3-lot Minor Land Partition of .37 acres. The location and size of the existing house would prohibit any future division of this property. If the home and improvements were to be removed, parcel 1 could potentially be redeveloped into two lots. Parcels 2 and 3 exceed the minimum lot size by 709.3 square feet that combined difference would not allow the creation of any future lots. This criteria is satisfied. A roval Criteria: Section 18.420.050 T e proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition will comply with all statutory and ordinance requirements and regulations at the time of proposed development as demonstrated both by the analysis presented within this administrative decision and by this.application and review process through compliance with the conditions of approval. Therefore, this criterion is met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision. 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. Improvements will be reviewed as part of the permit process and during construction, at which time the appropriate review authority will insure that City and applicable agency standards are met. Based on the analysis in this decision, this criterion is met. MLP2003-00008 PERRY PARTITION PAGE 4 OF 17 i 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. There is no minimum lot width requirement in the R-12 zoning district. Therefore, this criterion is not applicable 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 Iot area. The minimum lot area requirement in the R-12 zoning district is 3,050 square feet per unit: The proposed lots exceed the minimum lot sizes of the zone. There are no flag lots associated with this proposal. Therefore, this criterion is met. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. � Ac��rding to the�lan, lot 1 has 90 feet of frontage, and lots 2 and 3 have 38 feet of frontage along SW 92 Avenue. 92 Avenue is a public right-of-way. This standard has been met. Setbacks shall be as required by the applicable zoning district. Setbacks for the existin� house are compliant with the underlying zoning district. Future development of lots 2 and 3 will be sub�ect to all setback requirements at the time of development. This standard has been met. 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 lots fit the definition of flag lot. Therefore, this standard is met. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. All lots have access directly off of SW 92�d Avenue. There are no proposed drives that would require screening. The fire district may require the installation of a fire hydrant where the length of an accessway would have detrimental effect on fire-fighting capabilities. The Fire District provided comments that indicated that they have no conflicts with the proposal. This standard is satisfied. 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 proposed common drives with this development. This standard is satisfied. Any accessway shall comply with the standards set forth in Chapter 18.705, Access, Egress, and Circulation. As discussed later in this analysis, the proposal will comply or be conditioned to comply with the Access, Egress, and Circulation standards. This critenon is satisfied. MLP2003-00008 PERRY PARTITION PAGE 5 OF 17 I 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 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. This property is no where near the one-hundred-year floodplain. Therefore, this criterion is not applicable. 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. The applicant has requested a development adjustment which is discussed in the following section of this decision. The adjustment is not related to any of the standards prescribed in the Land Partition Chapter. Therefore, this standard is not applicable. Variances and Ad'ustments 18.370: COMPLIANCE WI H COMMUNITY DEVELOPMENT CODE SECTIONS: Tigard Development Code Section 18.370 allows Adjustments to street improvements by means of a Type II procedure: � The applicant has requested an ad1'ustment to the requirements of 18.810.120, which requires that all development either place the utilities under round, or pay a fee in-ieu of placing the utilities underground. The TDC Section 18.370.020(C�(11) affords an applicant the opportunity to request an adjustment to the street improvement requirements when, "Strict application of the standards will result in an unacceptably adverse impact on existing development, on the proposed development, or on natural features such as wetlands, steep slopes, or existing mature trees." In addition, the Community Development Director shall determine that the potential adverse impacts exceed the public benefits of strict application of the standards. The applicant argues that he cannot economically place the utilities underground, and would therefore be required to pay the fee in lieu of placing the utilities underground. He adds that the fee in lieu of placing the utilities is unfair, and that placing the utilities underg round would not provide a direct benefit to him or his development. He uses as an example two, three lot partitions that may be applied for off of SW Lehman Street. He argues that the imposition of the fee on his property is much more than the fee that would be imposed on two properties that would potentially create six Iots. There are two points that need to be realized in this argument. First, the adjustment process is to review street improvement requirements not utility improvements. Street improvements include placing curb, gutter, and sidewalks on streets, and to increase the width of the street when it is found to be in adequate. Utilities on the other hand are separate improvements and include improvements such as upgrades to sewer, water, or electrical systems. Second, even if the applicant were to be able to seek an ad�ustment based on the criteria mentioned in TDC Section 18.370.020(C)(11), there is not enough evidence in the record to suggest that the strict application of the standard was unacceptably adverse. The Tigard Development Code requires that the developer take one of two actions. Either place the lines underground, or pay a fee in lieu of placing the utilities underground. The fee in lieu of placing the lines underg round is based on the amount of frontage that is being developed. Development is de�ined as, " a building or mining operation; 2) a material change in the use or appearance of a structure or land; or 3) division of land into two or more parcels, including partitions and subdivisions as provided in Oregon Revised Statues 92." The definition is clear. What the applicant is proposing is development, as he is dividing one lot into three separate parcels. The standard that requires development to place utilities underg round is applied uniformly to all development based on the frontage of that particular development. The requirement is a standard that all development in Tigard must meet unless the standard simply cannot be met. The applicant has failed to provide reasoning }hat would lead the City to believe that the standard could not be met. Finding: The utility standards are separate from street improvement requirements, and are not subject to ad�ustment under TDC Section 18.370.020(C)(11). MLP2003-00008 PERRY PARTITION PAGE 6 OF 17 If the applicant were to request a variance to the standard, there are not unique circumstances attributable to this property that would preclude the applicant from meeting the standard. Residential Zoning Districts 18.510: Development standards in residential zoning districts are contained in Table 18.510.2 below: TABLE 18.510.2 DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES STANDARD R-12 PROPOSED Lot 1/Lot 2/Lot 3 Minimum Lot Size -Detached unit 3,050 sq.ft. 8,100.5 SF/3,759.3 SF/3,759.3 SF -Duplexes -Attached unit Average Minimum Lot Width -Detached unit lots - 90 FeeU 38 Feet/38 feet -Duplex lots -Attached unit lots Maximum Lot Covera e 80°/a +60%/A licable at time of Bld . Minimum Setbacks -Front yard 20 ft. Existing/Applied at the time of building -Side facing street on corner&through lots 15 ft. permit -Side yard 5 ft. -Rear yard 15 ft. -Side or rear yard abutting more restrictive zoning district -Distance between ro e line and front of ara e 20 ft. Maximum Hei ht 30 ft. unknown Minimum Landsca e Re uirement - - [1]Single-family attached residential units pertnitted at one dwelling per lot with no more that five attached units in one grouping. [2]Lot coverage includes all buildings and impervious surfaces. A minimum lot size of 3,050 square feet is required for each lot. The proposed lot sizes meet this standard, however, the site size will be confirmed by survey prior to final plat approval. Development standards will apply to all future development of the sites. Finding: The construction on Lot 1 is pre-existing, and there are no structures proposed to be placed on lots 2 and 3. All new construction on any of the three lots will be required to meet the development standards of the applicable zone at the time of construction. Chapter 18.630 Washington Square Regional Standards: All new developments, including remodeling and renovation projects resultin� in new non single-family residential uses are expected to contribute to the character and quality of the area. In addition to meeting the design standards described below and other development standards required by the Development and Building Codes, developments will be required to dedicate and improve public streets, connect to public facilities such as sanitary sewer, water and storm drainage, and participate in funding future transportation and public improvement projects necessary within the Washington Square Regional Center. The proposed development deals strictly with single-family residential development. The standards of this chapter are found to be inapplicable to this proposed development. Chapter 18.705 Access, Egress, and Circulation: Access Management Section 18.705.030.H) Section 18.705.030.H.� states that an access report shall be submitted with all new development proposals which verifies design of driveways and streets are safe by meetin adequate stacking needs, sight distance and deceleration standards as set by ODOT, Washing�on County, the City and AASHTO. MLP20�3-00008 PERRY PARTITION PAGE 7 OF 17 SW 92�d Avenue is a local residential street that is partially improved. There do not appear to be any sight distance issues at present. Future development of Parcels 2 and 3 will be able to be accomplished wi�h driveways that meet sight distance requirements. Section 18.705.030.H.2 states that drivewa�s shall not be permitted to be Qlaced in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be 150 feet, measured from the righf- of-way line of the intersectiny street to the throat of the proposed drivewa�. The setback may be �reater depending upon the influence area, as determined from City Engineer review of a tra�c 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 existing driveway and future driveways for Parcels 2 and 3 will not be located within the influence area of a collector or arterial street intersection. Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet. This criterion does not apply since 92"d Avenue is a local residential street and the access needs for this development are private driveways. Public street access. All vehicular access and egress as required in Sections 18.705.030(H) and 18.705.030 I 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 three lots will have direct access off of SW 92"d Ave. 92�d Avenue is a public street. This standard is met. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N. Minimum access requirements for residential use. 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%. There are no access drives in excess of 150 feet. The deepest lot in the development is approximately 100 feet. There is no need for a tum around. This criterion is satisfied. Vehicle turnouts, (providing a minimum total driveway width of 24 feet for a distance of at least 30 feet), may be required so as to reduce the need for excessive vehicular backin� motions in situations where two vehicles traveling in opposite directions meet on driveways in excess of 200 feet in length; There are no driveways associated with this project that are greater than 200 feet in length, the accesses will be reviewed at the time of building permit issuance for lots 2 and 3, and lot 1 has existing access. Each access will serve only one residence. This criterion is satisfied. Where permitted, minimum width for driveway approaches to arterials or collector streets shall be no less than 20 feet so as to avoid traffic turning from the street having to wait for traffic exiting the site. All three lots will have access off of SW 92"d Avenue, which is classified as a local street by the City of Tigard. This criterion is not applicable as no lot will have a driveway approach to an arterial or collector. MLP2003-00008 PERRY PARTITION PAGE 8 OF 17 DENSITY COMPUTATIONS: CHAPTER 18.715. 18.715.020 Density alculation Definition of net develo ment area. Net development area, in acres, shall be determined by subtracting the ollowing lan area s) from the gross acres, which is all of the land included in the legal description of the property to be developed: All sensitive land areas: a. Land within the 100-year floodplain; b. Land or slopes exceeding 25%; c. Drainage ways; and d. Wetlands. All land dedicated to the public for park purposes; All land dedicated for public rights-of-way. When actual information is not available, the followin� formulas may be used: a. Single-family development: allocate 20% of gross acreage; b. Multi-family development: allocate 15% of gross acreage. All land proposed for private streets; and A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. Gross Developable area 16,117.2 Existin Home - 3 050 SF Net Developable Area 13,067 quare Feet Calculatin maximum number of residential units. To calculate the maximum number of residentia units per net acre, divide the number o square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. The maximum number of residential units that would be available to the site is 4. The proposal calls for finro additional residential units for a total of three units on including the existing house. This standard has been satisfied. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0.8). The minimum number of residential units that can be accommodated is 3. This standard has been satisfied. ENVIRONMENTAL PERFORMANCE STANDARDS: CHAPTER 18.725 Requires that ederal and state environmental laws, rules and regulations be applied to development within the City of Tigard. Section 18.725.030 Performance Standards regulates: Noise, visible emissions, vibration and odors. Noise. For the purposes of noise regulation, the provisions of Sections 7.41.130 through 7.40.210 o�Tigard Municipal Code shall apply. Visible Emissions. Within the Commercial zoning districts and the Industrial Park (I-P) zoning district, there shall be no use, operation or activity which results in a stack or other point- source emission, other than an emission from space heating, or the emission of pure uncombined water (steam) which is visible from a property line. Department of Environmental Quality (DEQ) rules for visible emissions (340-21-015 and 3d0-28-070j apply. Vibration. No vibration other than that caused by highway vehicles, trains and aircraft is Permitted in any given zoning district which is discernible without instruments at the property ne of the use concerned. MLP2003-00008 PERRY PARTITION PAGE 9 OF 17 I Odors. The emissions of odorous gases or other matter in such quantities as to be readily detectable at any point beyond the property line of the use creating the odors is prohibited. DEQ rules for odors (340-028-090) apply. Glare and heat. No direct or sky reflected glare: whether from floodli hts or from high temperature processes such as combustion or welding, which is visible at �he lot line shall be permitted, and; 1) there shall be no emission or transmission of heat or heated air which is discernible at the lot line of the source; and 2) these regulations shall not apply to signs or floodlights in parkin� areas or construction equipment at the time of construction or excavation work otherwise permitted by this title. Insects and rodents. All materials including wastes shall be stored and all grounds shall be maintained in a manner which will not attract or aid the propagation of insects or rodents or create a health hazard. FINDING: As this is a typical detached single-family project, which is a permitted use in the R-12 zone, it is anticipated that none of the environmental conditions that have been listed above will be compromised beyond allowable levels. The above performance standards are met. These standards would be subject to code enforcement investigation if for some reason the above standards were in question. LANDSCAPING AND SCREENING: CHAPTER: 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. There are no street trees proposed, and the applicant argues in the narrative that the property should be exempted because of the existing landscapin� on parcel 1. The Tigard Development Code affords a landowner the opportunity to, apply for an ad�ustment to the placement of street trees when they would conflict with existing utilities, if there is not enough room for the street trees, and if the planting of a street tree would present a vision clearance problem. The adjustment also allows the owner an opportunity to request that e�xisting trees be utilized to meet the requirement. The property has + 150 feet of frontage on SW 92" Ave, and the applicant has not provided a street tree plan or requested an adjustment to the standard. This criterion has not been satisfied. FINDING: The application does not provide for street trees as required by the TDC Section 18.745.040. CONDITION:Prior to final plat approval, the applicant must provide a street tree plan or apply for an adjustment to the street tree requirements as outlined in TDC section 18 370.020(6). The street tree Qlan must provide street trees along the frontage of SW 92"� Avenue as required in Section 18.745.040(C). Bufferin and Screenin : Section 18.745.050 This section o the evelopment code outlines the requirements necessary to provide buffering and screening when two different uses are adjacent to one another. The applicant is proposin� to partition the lots to accommodate possible future construction of residences on the lots. Since the lots are large enough for only single-family units, and they are adjacent to existing single-family units, there are no requirements to provide additional buffering and screening. OFF-STREET PARKING AND LOADING REQUIREMENTS: CHAPTER 18.765 is hapter is app ica le or evelopment projects when there is new construction, expansion of existing use: or chan�e of use in accordance with Section 18.765.070 Minimum and Maximum Off-Street Parking Requirements. MLP2003-00008 PERRY PARTITION PAGE 10 OF 17 The proposed project will create 2 new lots for single-family construction. Submittals of detailed plans for the construction of any home within the development are not necessary at this time. Table 18.765.2 requires that one (1) ofF street parking space be provided per detached dwelling unit. There is no maximum limit on parking allowed for detached single-family dwellings. There is also no bicycle parking requirement for single-family dwellings. Staff notes that there is a 20-foot required setback from the face of garages to property lines in all residential zones. To ensure that homes constructed in this � development comply with these standards, the following condition shall apply: ( CONDITION: At the time of submittal for building permits for individual homes within the development, the developer shall submit materials demonstrating that one (1) off-street parking space, which meets minimum dimensional requirements and setback requirements as specified in Title 18, will be provided on-site for each new home. TREE REMOVAL: CHAPTER: 18.790 Tree Plan Requirement: Section 18.790.030 Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of tots 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 none of the trees would be removed for this partition, and there are no trees on proposed lots 2 and 3 over 12 inches in diameter. FINDING: Although there are no trees proposed for removal, there is a possibility that trees could be affected during construction of any new structures on the new lots. Therefore, the following condi�ions shall apply. CONDITIONS: . Prior to any construction on lots 1, 2, or 3, an arborist report must be submitted to the City arborist to ensure that the trees can survive the construction, are healthy, and are protected. . Should any of the trees on site be damaged or removed during site preparation or development of the lot, the applicant shall notify the City to discuss protection measures and mitigation if necessary. VISUAL CLEARANCE AREAS: CHAPTER 18.795 Visual Clearance Requirements: Section 18.795.030 At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. Obstructions prohibited. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure or temporary or permanent obstruction (except for an occasional utility pole or tree), exceeding three feet in height, measured from the }op of the curb, or where no curb exists, from the street center line grade, except that trees exceeding this height may be located in this area, provided all branches below eight feet are removed. Additional to o ra hical constraints. Where the crest of a hill or vertical curve conditions contribute to the o struction of clear vision areas at a street or driveway intersection, hedges, plantings, fences, walls, wall structures and temporary or permanent obstructions shall be further reduced in height or eliminated to comply with the intent of the required clear vision area. Computations: Section 18.795.040 MLP2003-00008 PERRY PARTITION PAGE 11 OF 17 __ Non-arterial streets. Non-arterial streets 24 feet or more in width. At all intersections of two non-arterial streets, a non-arterial street and a driveway, and a non-arterial street or driveway and railroad where at least one of the streets or driveways is 24 feet or more in width, a visual clearance area shall be a trian�le formed by the right-of-way or property lines along such lots and a straight line joining the right-of-way or property line af points which are 30 fee} distance from the intersection of the right-of-way line and measured along such lines. See Figure 18.795.1: FIGURE 18.795.1 ILLUSTRATIONS OF VISUAL CLEARANCE REQUIREMENTS h{�tree�' '�r;d�,�'e. : � � . -KrBk�oF �t;,c�� . "'�Y I .., .., � � 5s��'t�"It��/ . . 30� : • . ' LTwt� . � -, , , . , -- �p 40' 1� li 3O' a� r ��I I�-�� --�r �A� '�O� �f�Pi� �ePil The applicant has not identified visual clearance areas on the site, but staff has visited the site and observed no obstructions to the visual clearance areas. Any violations of the vision clearance triangle will be handled by code enforcement proceedings. This criterion is satisfied. IMPACT STUDY: Section 18.390.040.B.e eF�quires that the applicant shall include an impact study. The study shall address, at a minimum, the transportation system, including bikewa�rs, the drainage system, the parks system, the water system, the sewer system, and the noise impacts of the development. For each Public facility system and type of impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication of real property. interest, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. When determining the reasonableness of a requirement, Staff will look at rou h proportionality. To do this, Staff begins with assessing, the amount of Traffic Impact Fee (TIF) �hat will be paid by the development. In this case (assuming the development of Parcels 2 and 3 takes place at least after July 1, 2003), the amount of TIF that will be paid is approximately$5,060.00. A study was conducted several years ago by Group Mackenzie that shows that the TIF only covers approximately 32% of a project impact. Therefore, the full project impact is calculated by dividing the TIF by 0.32. The Full Impact amount for this development is approximately $15,813.00. To determine rough proportionality, Staff must weigh the value of the requirements in question with the value of what is called the Unmitigated Impact. The Unmitigated Impact is calculated by subtracting the TIF from the Full Impact amount, or: $15,813.00 - $5,060.00 = $10,753.00 is the unmitigated impact of this development. The applicant has provided an impact study, and the agencies responsible for ensuring the maintenance and provision of public facilities have reviewed this proposal for impacts. There were no impacts identified that would require additional improvements to any of the public systems. This criterion has been satisfied. MLP2003-00008 PERRY PARTITION PAGE 12 OF 17 D. Street And Utilit Im rovements Standards Section 18.810: Chapter 18.810 provi es construction standards or the implementation of public and private facilities and utilities such as streets, sewers, and drainage. The applicable standards are addressed below: Street 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 an arterial street to have an 80-foot right-of-way width and a 48-foot paved section. A local residential street must have a ROW widtFi between 42 to 54 feet and a paved width from 24 to 32 feet wide. 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 92"d Avenue, which is classified as a local residential street on the City of Tigard Transportation Plan Map. At present, there is approximately 50 feet of ROW on this street, according to the most recent tax assessor's map. The roadway currently serves parcels between Coral Street and just north of Borders Street. The applicant is not proposing to dedicate additional ROW adJ'acent to this site. Staff reviewed this street to determine whether or not the current ROW width will sufFice for future traffic needs. Staff also had to determine whether or not further development is likely to occur at other parcel locations along the street where ROW dedications would be possible. A 50-foot wide ROW could accommodate a 28-foot wide paved section under current City standards. A 28-foot wide paved section would accommodate approximately 500 vehicles per day. Based upon the current use and the number of parcels that will be served by this street, the volumes will likely be under 500 cars per day. Also, the other parcels along this street have very little potential for further development. It is therefore unlikely that the City could require consistent ROW dedications to achieve a wider overall ROW. Based upon the current width of ROW, the development potential of ad�acent parcels, and the anticipated level of traffic on this street, Staff finds that further ROW dedication for this parcel is not necessary. SW 92"d Avenue is paved but not fully improved to City standards. TMC 18.810.030(A)(1) states that streets within a development and streets ad�acent shall be improved in accordance with City standards. However, 18.810.030(A)(5) states that the City may accept a future improvement guarantee in lieu of street improvements if tl�e 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 wdl not substantially degrade the level of service on the street. A street improvement ad�acent to this site, therefore, will not significantly,improve the safety or capacity of the street. In addition, 18.810.030(A)(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 permitted to enter into an agreement with the City whereby the owner agrees to participate in any future widening project for the street carried out b the City, a third party, or through a local improvement district. This agreement must be executed prior�o approval of the final plat. The applicant's narrative indicates they are willing to execute such an agreement. Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be desi�ned with due regard to providing adequate buifding sites for the use contemplated, consideration of needs for conven�ent 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: MLP2003-00008 PERRY PARTITION PAGE 13 OF 17 . 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. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where �recluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. The site is an infill lot surrounded by pre-existing development there are no further opportunities to provide any connections. This standard is met. Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from bein� more than 2.5 times the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the applicable zoning district. The average width for lot 1 is approximately 90 feet, and the depth is approximatel 89 feet. Lots two and three are about 38 feet wide each and about 100 feet deep. Althou�h there dep�hs are greater than 2.5 times their width, both lots are less than 1.5 times the minimum lot size of the zone. This standard is met. Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies, which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide recorded access easement. In cases where the lot is for an attached single-family dwelling unit, the frontage shall be at least 15 feet. All three lots exceed the minimum frontage requirements. This standard has been discussed previously in this decision. 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 executing a future improvement guarantee agreement, the applicant will meet this criterion. 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 92"d Avenue that has ample capacity for this development. The road ROW is not annexed into the City, so jurisdiction of this sewer line falls to Clean Water Services (CWS). The applicant will be required.to obtain a permit from CWS for the future sewer laterals to the new parcels.. The permit must be obtamed prior to plat review and approval. The work must be completed prior to issuance of building permits. Storm Drainage: General Provisions: Section 18.810.100.A states requires developers to make adequate provisions for storm water and flood water runoff. MLP2003-00008 PERRY PARTITION PAGE 14 OF 17 Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be larg e enou h to accommodate potential runoff from its entire upstream drainage area, whether inside or ou�side the development. The City Engineer shall approve the necessary 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). The under-developed larger parcels to the west of this site slopes toward this site in a southeasterly manner. However, there is no specified route for storm water to be released from the area without ' impacting this site with overland flows. Staff recommends the applicant dedicate a public storm drainage ' easement across this site that would allow for the future installation of a storm line when the parcels to the west develop further. There is an existing utility easement shown on the applicant's pr�liminary plan (Book 438, Page 809) that may allow for a variety of utilities to cross the site to 92� Avenue. If, however, the current easement does not permit storm drainage crossing, the applicant will need to dedicate an additional easement. 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 develo�ment 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). Since this site slopes toward 92�d Avenue, and since that ROW is not within City limits, the storm drainage review for this pro�ect will be conducted by CWS. The applicant should coordinate with CWS with regard to any detention requirements. 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-�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 di�culty 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. There are existing overhead utility lines along the frontage of SW 92"d 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 165 lineal feet; therefore the fee woufd be $ 4,538.00. The applicant has asked for an adjustment to this standard. The adjustment was addressed previously in this decision. MLP2003-00008 PERRY PARTITION PAGE 15 OF 17 ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT NDARD : Public Water S stem: his site will be serve from the Tualatin Valley Water District (TVWD). The applicant will need to apply for new water services with each new building permit. Storm Water Qualitv: The City has agreed to enforce Surface Water Management (SWM) regulations established by Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm water runoff generated from newly created impervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. The CWS standards include a provision that would exclude small projects such as residential land partitions. It would be impracticaf to require an on-site water quality facility to accommodate treatment of the storm water from Parcel 2. Rather, the CWS standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on this application. Address Assi nments: The City o Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $30.00 per address shall be assessed. This fee shall be paid to the City prior to approval of the final plat. For this project, the addressing fee will be $60.00. Surve Re uirements The applicanYs inal plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: . GPS tie nefinrorked to the City's GPS survey. . By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91�. SECTION VII. OTHER STAFF COMMENTS: City of Tigard Water Department reviewed the proposal but offered no comments. City of Tigard Operations Department reviewed the proposal but offered no comments. City of Tigard Building Division reviewed the proposal but offered no comments. City of Police Department has reviewed the proposal but offered no comments. SECTION VIII. AGENCY COMMENTS Tri-Met has reviewed the proposal but offered no comments. MLP2003-00008 PERRY PARTITION PAGE 16 OF 17 Clean Water Services was notified but provided no comments. Tualatin Valley Fire & Rescue was notified, and stated that the fire district has not conflicts with the proposal. SECTION IX. PROCEDURE AND APPEAL INFORMATION Notice: Notice was mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THIS DECISION IS FINAL MAY 30, 2003 ON AND BECOMES EFFECTIVE ON JUNE 14, 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 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 JUNE 13, 2003. Questions: I yo�u have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. ,..1�� May 30, 2003 PREPARED BY: Brad ilby DATE Associate Planner C'' — , � � Ma 30 2003 APPROVED BY: Richard Bewe o DATE Planning Mana e MLP2003-00008 PERRY PARTITION PAGE 17 OF 17 . �' �EOGV��w.• , � U�i,..4 S+STEU I YICINITY MAP 91 ST QQ = _ _ = = = = = MLPZ003-00008 BORDERS ST VAR2003'OOO�� PERRY PARTITION J 2 W � LEHMANN ST _ F- 0 Z � , ;��,-�k `,:ari Q� RO �,..� . � / I �� CORAL ��%�� < r' � ST ,�__.�, r, _:�L_ ,N. F�-�, _ �}eU�_'St wq�ti d. _'�noNrr• o . .._ ..._ , � - `-------" a�./�' J Ry-�f lfNO._!_„ J `�')�1qNhM i RD` ��--�—�'" 3�:•'?„ }(� �,.- .. ��l TigsrE Area Map ' � � LOCUST ST � � N � O � o ioo zoo 30o aoa FBet 1"=3.1 faat MAPLELEAF ST w . �� Q City of Tigard � �% Infortnation on ihis map is tor peneral location only and �� should be verified with the Dsvelopment Serviva Division. 13725 SW Hall Blvd Tigard,OR 97223 (503)679-4171 htlp�.flwaw.c�.GgaM.or.us Community Development Plot date: May 2,2003;C:lmagiclMAGICD3.APR . . � � ��>�, ,,� I•� I•�N�1MNi �� ` � i , � SW LEHMAN STREET (COUNTY ROAD N0. 850) (60' R/VV);�y � �� _ �� ,,y ti �.. w -� ,,.. piyio o N,u�'(!�{a,ov'I �(�1� � � _ . ,� - - - --t t _ -- -- NH9_55.irl�f�.!>O()1'(�I�YI),Ik)') -' / ' \ 'Al(10 � '° 11�ClARN�1a.E.SOSSSxt �m� , � ii� .tin� � � �I . y� r �� i ,��- -� �� o _ Q. �, � �u $ � � � , ; � W ! o: �� ; ;. � �,��„ ; Z i� ��_'k(Ir)f 7/�1 � � I Il I MY I�' Q ncwic ne�.r�ncr.eae °�.-� � (lslnnrx,>,�v)(li��o.rw') { � K a� I�H 0 . N ., .. A.96' I �.{ ry s� � : V <- � i,i � 4,� �r��i -_�_--,-�- �� " ��, � k ' 'c�> UNO.W�(riMt B i K __....—__' . _' � ��; Y 4 � � -n � 1iW�;t �: �, vti :2 �� I .; � �� - � �;., ., ; .,m � ,C+,,.*�� NAP IS l�p(' - �I .nf I1 ''�. � ,�.«» I' �1 I Z � ; _� � � �-. fi i �' Q ' �s � �;��« ' ri � i r'i: I ; l.�" � �� J urxirv F�.virtHr.ntxMC '�_-�� .�,k°,� � � � �an.r�noa��aeo) � rnun�i �.nat n fl10p 5 SU 11 2e, � � (�� N�9').4�1 F fl9.A1' II (�• W � �' � � �� /,�m�x - e�ni� _ ._ m.l-- }�"'$� �'"/7R ��iww,n -. _ ';a ' .� i tw.on � �T' �^�� N'S-- ---- -- � (KptF.ID / �-6� vr(YJI) ... .lD� I (Z ^•' l r NA929'll'F �Il(1A - � �,�c.._t� ' l (12k�nv.s7'ni r iuo.rr) . � - � �'�FANIIlIp11MRS � a �,j- 'P Q 1.. .� - � PAHCK-1.A�J�:3759.5 SO.FT. •�± H�. _ �� r f Vj �I N� v_ N� � 3 Frv ?�� lAX l0f 7p01 �.� � ��`��', �0 � TOTAL MtEA� 75819.7 SQ f T � 'I - '��'.,� PN2CEL.3.MEA.77593 SO.FT. ' ItiS�I� {/1 . � � r�R�%�056 J�.� ,I�.. I� � �'qIMN IINK! Ullllilf"., I�� .,• �� r O '"_ .. ... .. ... ._ . .. �� .)f f.Nlf �F. .L .' �� ..`�i /: r �j D(N:UH{'NT NO. O.)�I.0 'H9'.53'Ui`W,tcn)IP' � I� 1�.� I wwaw+3 (}ijsna�.tz'cHi w. ino isl u�� u:�ai�z � I,��Hps�a'�i'•E�tiu. . �� ---- —.. � �I `i l' ,, , ' � � � � — ,-� °��' I II �, V 110CUMFNI N0.A808AiT� �� f+l I��H �� 1 ;:�, ,i ' I ,; ,;�.. ; J �� ,,I i� 1� ; I ' �.� j`.�'� � � � � . - . . _. . (op61L : i .t� � _- � F I _. _ . _ ___.. _ _ �in vnri Is�.t�r�c'i.�� F ,� ��, �•�'� .n ier Is �� zia f ..�.. 'll:r SW CORAL STREET (60' R/W) ��;��`NM��, �� IT� O� T'GARD � MLP2003-00008/VAR2003-00023 S�TE P�wN PERRY PARTITION (Map is not to scale) N . - . GEOGItAPHIC INFOPMAiION SVSiEM YICINITY MAP 91 ST w w Q Q = = = = _ = = = M LP2003-00008 BORDERS ST yAR�0o3'000�3 � PERRY PARTITION J Z � � LEHMANN ST _ � 0 � � Z i�25 Fcq_ ,� RD � ?RJ�' . .:._ FER�� "` .. r. + a�j� CORAL ST °`� [ _< SCY_ :�f Y� �` yl �A L � y� \ a. i 9Ul:�GiY2 �" 5 �--}"�---�.i QP �t HONITA J • . ' �_ . �i ' : � y� BF�HpHD. fyJR'H �ft Tipard l4ea Map � � f �� LOCUST ST • � N O 0 100 200 300 400 Feet 7"=321 feet MAPLELEAF ST W . �� Q City of Tigard � � Information on lhis map is for general localion onty and should be verified with lhe Develapnent Services Division. 73125 SW HaII 01vd Tigard,OR 97223 (SD3)639-4171 hlip:llwww.ci.ligaM.or.us Community Development Plot date: May 2,2003;C:lmagiclMAGIC03.APR ' • � �.�o..o � ��a�� <�,,.�N� SW LEHMAN STREET (COUNTY ROAD N0. 850) (60' R/VV) ,� ,., ;' -- � (��o . nti-n'(lSteSn�il _ 4�(��IE� I�i� - � - - � �. ane��n��a'r.an o�'(li�vo w 1 - I , ��, y� ', �„�� , nocura N r No.a.sos5:.m �s � I � i ie ,{i'' f.� �, '� i _ �I �� O L � �.i 'D,�. fj '� I � W � I �. � p" � � Ici r � o.,� Ffrn" . � j I � �' "�91�.11 I HUr�f � j� ��_.� �l�l N�- � �,INW- I I1' Pl>OK tiq/,PnCf AA9 Z�+.' ��H p (�S�NH9'}(i.,��;"f)(�t'�3�)fkil . .N : '1." N.96' i � n.� a ui � 41 ' li�_ / ___._1..___'_( /' � m 4�{ �DOf:UNEMT _� I � ' VIA�-._ ... . 7 U'`.' i N0.9P(M51W1p '..�u¢ � , i� VIIXI'�f �� C__ .� �%r �� , _ � � ,.��,;�� j� ;� Z � + HM iC 1 780C �n -r_^I TA%ltfl 30f11 � / ry � ! �'' �i� ' �t� ;S I � l, \ �� I �� .� IARAGt � � ` i �� ,,, " o r� �! � � .,� . . �k�,o� ii UtIIIfY FASFNFNf,9(XM( `-' ��`� `� ; � liN.1'A(;F N(IN(14R0) . � �FI2 1�1 1 �Hyn Hllxl-r':�1 I I ' �+ NfiN 7��')�F P9 at' �V I��1 � W lo (ip�r.in�1 � ` f W i in.o Nyni � ,�1 y, '' H �{ - l,n�y��n . ':y 1 1 VU.01 ,t� ( /� �N S Q I. �i<HCto / es nc�i . , in- r $I W l;�l � I NA1/9?1"l f1..1h" '.i� ` � '�IFI)`f '`�41 `l (�lINA9.f)'�i0� 1(H�.1'�) / - ' .,I I ��A _ �`�F'nNIi110N IM�S I a I ;�. / i y � PARCEL-2.AREA:7759.350 F7 ... J� N ,I ��N � � � �' � �. �.. �. .� K. �o�� i i,u �.m � _ •' -�� I AX 1.01�(Ipl I ^� � � ., �� ' tOTAL AHEA� 756t9.t Sq!T �� I �� P�aca-3.ua�3�ss.�so.FT I�`I�� H �� . ti � r ; i� � ` i�a�mosr_ - ''� � I A��„IIAIN IiNY, y Ullliili`.: �.,f �I' ,, O "_. _ . ... . ' ' )lFNCI E FL . 1I�` , MNYIMFNT N0. (I)HEI.0 `�N9'.SS'�)1"W.tiN)IA' �� ,�, , QiEwo••.7ai�w. iooitf �+5'�(Iti::w��7 � �� s�bun,s � ,..�hv�D3vq'Ef,w. � �c I . yp.. � __ _ ` (, ' � I V M)CUNf.NI N0.4808A/ZJ /� f'r II � i il�I �I i I I',�� { � �I�'� ' � � � p�l, I I �i II,�I'I, � �`:�.� � I j �nymL ! ! '��' - , I �`{ � . . _ . _ ._ .. . .�ui ofut /s�. " �1 I�...�. . �:•. \ `,f{1C�117�'j . � �. � � I SW CORAL STREET (60' RIVV) � , ��`��a�� IT� O� T'GARD � MLP2003-00008/VAR2003-00023 s�T� P�wN � PERRY PARTITION (Map is not to scale) . � � EXH I BIT� Steve & Lorinda Perry MLP2003-00008NAR2003-00023 9885 SW 92"d Avenue pERRY PARTITION Tigard, OR 97223 AFFIDAVIT OF MAILIHG CITYOFTI6AR� Cuiunturruy,UeveCopment SfiapingA BetterCommunity I, �Patricia G. Gu ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaC�st for the �'ity of7igar�4Nashin�ton County, Oregon and that I served the following: {Check Appopriale Box(s)Bebw} ❑X NOTICE OF DECISION FOR: MLP2003-00008/VAR2003-000�3 — PERRY PARTITION ❑ AMENDED NOTICE (Fie No.Mame Reterence) � City of Tigard Planning Director A copy of the said notice being hereto attached, marked El(hlblt"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 El(hlblt"B",and by reference made a part hereof, on May 30,2003,and deposited in the United States Mail on May 30,2003, postage prepaid. . . l �'�'� �� (Person at P pare o ice) � S7,A2rE O�'O�GON ) Coun�y o{`Washington )ss. City of r!`'rgard � Subscribed and sworn/aff ed before me on the� day of , 2003. x,�, OFFICIAL SEAL • :n J BENGTSON `� J NOTARY PUBUC-OREGON COMMlSSION NG.368U86 � MY COMMISSION E�XPIRES APR.27,2007 7 C��/�``��2 ��- My Commission Expires: �� - � EXHIBlT_ NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2003-00008 CITYOFTIGARD Community�Development PERRY MINOR LAND PARTITION S�iapingABetterCommunity 120 DAYS = 8/21/2003 SECTION I. APPLICATION SUMMARY FILE NAME: PERRY MINOR LAND PARTITION CASE NOS: Minor Land Partition (MLP) MLP2003-00008 Adjustment (VAR) VAR2003-00023 PROPOSAL: The applicant is requesting approval of a 3-lot Minor Land Partition of .37 acres. Parcel 1 has an existing home on site, and the two new parcels are expected to be developed with residences in the future. The lot sizes for this development would be 8,100, 3759, and 3,759 square feet respectively. The applicant is also requesting a development adjustment to waive or adjust the fee in lieu of under grounding the utility lines. APPLICANT/ Steve and Lorinda Perry OWNER: 9885 SW 92"d Avenue Tigard, OR 97223 LOCATION: 9885 SW 92"d Avenue; WCTM 1S126DC, Tax Lot 3001. COMP. PLAN DESIGNATION: Medium-Density Residential. ZONE: City of Tigard R-12 zoning district. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.630, 18.705, 18.715, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795, and 18.810. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request for a Minor Land Partition subject to certain conditions, and has DENIED the Adjustment. The findings and conclusions on which the decision is based are noted in the full decision, available at City Hall. THIS APPROVAL SHALL BE VAL9D FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. All documents and applicable criteria in the above-noted file are available for inspection at no cost or copies can be obtained for twenty-five cents (25�) per page, or the current rate charged for copies at the time of the request. SECTION II1. PROCEDURE AND APPEAL INFORMATION Notice: Notice mailed to: X The applicant and owners � Owner of record within the required distance X Affected government agencies �Final Decision: THIS DECISION IS FINAL ON MAY 30, 2003 AND BECOMES EFFECTIVE ON JUNE 14, 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 JUNE 13, 2003. Questions: For further information please contact the Planning Division Staff Planner, Brad Kilbv at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. ---. _ _ , , . ,— _ , , . � , ;� , �� -- , .... ,. i ,------ -- �— -- � -- _ r�aiN�rr naP � � 91ST ' ------_— ,..,�,\. a ¢ ; � — MLPZ003-00008 BORDERS ST � YAR2003-00023 . I ; ' PERRY PARTITION I, m w � � IEHMANN ST � 0 � z im, � CORAL ST r � j• ��w � ocusT sr ' � N �� F � . . , . � .I i c;iryo(Tigard SW LEHMAN STREET(COUN77 ROAD N0.850�(60'R/W) ._..,��.,.,. „ .,�r..�i ��. � �...,�..� :: � z . , � i � O a: i i � '�; � . ..., '�` _ ,., �.!. �' �� .b , �� s'/�,.». ��, �i II' � � � ' � � � h�., Z ;� e C_�^r i � r��I � ; Z f�r�l � '� '�,'; ; � •,:w '�� W a _ ! a„, f � � = jN.. � :; _ � ....A,�., i��,1 Ca7 .�... . a ...,.....�;.',n:; i°+l ;��r ;�,� O ,m...,, " �,.�,_.�.., ;;,' � �� .m...,b,.o.n, v�I'��,M�,s n U �II �� .) I , , a , ^�-, "��,��y��. SW CORAL STREET(60'R/W) ��-� ��TY oF r�6ARp � MLP2003-00008/VAR2003-00023 `r s�rE �aw�+ � PERRY PARTITION (Map is not to scale) 1 S 126DC-06800 1 S126DC-04200 19 4 P ITION PLAT CHAVEZ ALFRED& EXHIBIT�, OWN TS 1-3 CORYELL AL►CE O&JACK W , 990a SW 92ND PORTLAND,OR 97223 1 S 126DC-02903 1 S 126DC-05201 AARON TED R&IDA JANE COBB GREGORY J 8 MICHELLE M 369 NW BLAIR ST 9245 SW LOCUST ST SHERIDAN,OR 97378 PORTLAND,OR 97223 1 S 126DC-01002 1 S 126DC-04100 ANAST ANGELINE V CORYELL JACK M&ALICE O 9355 SW LEHMAN REVOCABLE LIVING TRUST PORTLAND,OR 97223 9900 SW 92ND TIGARD,OR 97223 1 S 126DC-02901 1512fiDCA2700 ASSON STEVEN R&SILVIA C CORYELL JACK M ALICE O 14230 SW KIMBERLY DR 9900 SW 92ND BEAVERTON,OR 97008 PORTLAND,OR 97223 1 S 7 26DC-03300 1 S 126DC-05505 ATHERTON REALTY PARTNERSHIP COUNSIL ARLEIGH B JR 2100 S WOLF 9110 SW CORAL ST DES PLAINES,IL 60018 TIGARD,OR 97223 1 S 7 26DC-02801 1 S 126DC-03301 BARBER JENNIFER M CROFT LIVING TRUST 9055 SW CORAL ST Go GARRISON PETER PORTLAND,OR 97223 9420 SW LEHMAN TIGARD,OR 97223 1 S 126DC-05502 1 S126DC-01200 BOTORF VERNON D ST DAVIDSON HOWARD V 8 9160 SW CORAL L FERN TIGARD,OR 97223 9665 5W 92ND PORTLAND,OR 97223 1 S 126DC-01201 1 S 7 26D C-02000 BOWMAN DIANE M DEISNER RICHARD H&TONYA L 9705 SW 92ND AVE 9103 SW LEHMAN ST TIGARD,OR 97223 TIGARD,OR 97223 isizsoc-o��oo �s�zsoc-oszoo BRAAM PIETER H M 1992 TRUST ERICKSON O K&ARDIS R TRUSTEES 9315 SW LEHMAN ST 9350 SW LEHMAN ST PORTLAND,OR 97223 TIGARD,OR 97223 7 S 126DC-02100 1 S 126DC-03800 BROWN JAMES E KARYLENE G FISHER MICHAEL Q 9065 SW LEHMAN 9255 SW CORAL PORTLAND,OR 97223 TIGARD,OR 97223 1 S 126DC-03900 1 S 126DC-02902 GAMMON LYNNE M&JERRY W HENSEL KRISTOPHER J& 9225 SW CORAL ST MAGERS JULIE E PORTLAND,OR 97223 9135 SW CORAL ST TIGARD,OR 97223 15126DC-01801 1 S126DC-01101 GARD RICHARD E JR AND HERBST BRANDON UJANA M JOLIN M 9245 SW LEHMAN ST 9150 SW BORDERS TIGARD,OR 97223 PORTLAND,OR 97223 1 S 126DC-00901 1 S 126DC-04001 GETHSEMANE EVANGELICAL HOME ELMORE JR 8 FLORA M LUTHERAN CHURCH 8775 SW LOCUST ST#9 9640 SW GREENBURG RD TIGARD,OR 97223 PORTLAND,OR 97223 1 S 126DC-06300 1 S 7 26DC-06000 GIFFORD GREG K&HEATHER L HOWSE DIANNA L 9825 SW 91ST PL PO BOX 230861 PORTLAND,OR 97223 TIGARD,OR 97281 1 S 126DC-05303 7 S 126DC-02702 HALAMA PAUL HUNT BETTY JANE TRUST 9070 SW CORAL ST BY WILLIAM HUNT TRUSTEE PORTLAND,OR 97223 8038 NW HAZELTINE ST PORTLAND,OR 97229 15126DC-03600 1 S126DC-02701 HANSEN MELVIN L JUNE A HUNT WILLIAM TRUSTEE 9395 SW CORAL 8038 NW HAZELTINE ST PORTLAND,OR 97223 PORTLAND,OR 97229 1 S 126DC-02602 1 S126DC-01800 HARDIN EDNA Q JASPERSON LIVING TRUST 4806 SW WEMBLEY PL 21820 SW FULLER DR BEAVERTON,OR 97005 TUALATIN,OR 97062 1 S 126DC-01901 1 S 126DC-O61 DO HARPER CHARLES F JR KLING ROGER S AND JUDY F 9155 SW LEHMANN 11575 SW PACIFIC HWY#201 PORTLAND,OR 97223 TIGARD,OR 97223 1 S 126DC-05101 1 S 126DC-03000 HARRIS GREGORY E KNIGHT DANIEI J 9036 NW BENSON ST JOHNSON DEANNA JEAN PORTLAND,OR 97229 9314 SW LEHMAN PORTLAND,OR 97223 1 S126DC-04000 1 S 126DC-07 003 HEFFLER ROBERT ARNOLD LAYMAN DEBORAH J S TRUSTEE 9260 SW CORAL 3216 SW SCHOLLS FERRY CT PORTLAND,OR 97223 PORTLAND,OR 97221 7 S 126DC-07800 1 S 126DC-03302 LEHMANN SQUARE HOMEOWNERS MURRAY DOUGLAS J AS50CIATION TILLIE A 19305 ROBIN CIR#55 9450 SW LEHMAN WEST LINN,OR 97068 PORTLAND,OR 97223 1 S 126DG05100 1 S 126DC-01902 LOOS BEVERLY A NEUNZERT MICHAEL E/CAROLINE B 9365 SW LOCUST ST 9221 SW LEHMAN ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 126DC-06700 1 S 126DC-02601 LUNDMARK ALBERT C NGUYEN KY V&MINH HANH T 3381 COEUR D'ALENE DR 9150 SW LEHMAN WEST LINN,OR 97068 PORTLAND,OR 97223 1 S126DC-08500 1 S 126DC-05302 LUNDMARK ALBERT C b ELIZABETH A PEDERSON WM T PAMELA D 3381 COEUR D'ALENE DR 9090 SW CORAL WEST LINN,OR 97068 PORTLAND,OR 97223 1 S126DC-06500 15126DC-03002 LUNDMARK ALBERT C&ELIZABETH A PERRY CARL W AND GLORIA M 3381 COEUR D'ALENE DR 9250 SW LEHMANN ST WEST LINN,OR 97068 PORTLAND,OR 97223 126DC-08400 1 1260C-05900 LU R ERT C&ELIZABETH A PE L W AND GLORIA M 3381 'ALENE DR 925 L ANN ST T LINN,OR 068 RTLAND,OR 223 1 S 126DG-05501 1 S 1260C-02�JW MAGILL SUSAN E&DAVID J PERRY NANCY L 9180 SW CORAL ST 9905 SW 90TH AVE PORTLAND,OR 97223 PORTLAND,OR 97223 1 S 126DC-05400 1 S 126DC-03001 METZGER UNITED METHODIST CHURCH PERRY STEPHEN WILLIAM AND 9055 SW LOCUST LORINDA C PORTLAND,OR 97223 9885 SW 92ND PORTLAND,OR 97223 1 S 126DC-01102 1 S 126DC-06200 MILLER THOMAS M DOROTHY RAHMAN FAHIM S 8 JAMILA 9745 SW 92ND AVE 9854 SW 91ST PL PORTLAND,OR 97223 PORTLAND,OR 97223 1 S 7 26DC-03500 1 S 126DC-03700 MORROW KENNETH C AUDREY RASMUSSEN DARLA REV LIV TRUST 9411 SW CORAL 603 SW LARKSPUR CT PORTLAND,OR 97223 SUBLIMITY,OR 97385 1 S 126DC-04400 1 S 126DC-05200 RENAISSANCE VENTURES LLC& STITT DEANE A 8�CAROLYN M BBH INVESTMETNS 10025 SW 92ND AVE 1672 WILLAMETTE FAILS DR TIGARD,OR 97223 WEST LINN,OR 97068 1 S126DC-01900 1 S126DC-07900 RODRIGUEZ MIGIJEL A& D OF HENRIGUEZ MB ALICIA 8 13125 HALL LARA ERIC TI RD,O 7223 9750 SW 92ND AVE PORTLAND,OR 97223 1 S 126DC-01004 7 S 126DC-01001 ROTH JEFFREY A&BETTY A TOBEY MARSHA L 9445 SW LEHMANN 9335 SW LEHMAN ST TIGARD,OR 97223 TIGARD,OR 97223 t S 126DC-05202 1 S 126DC-05601 RUFF MICHAEL L JOYCE E TROUTT JOYCE I 12150 SW 124TH AVE NOW SCHARBROUGH TIGARD,OR 97223 10050 SW 92ND PORTLAND,OR 97223 1 S 126DC-05600 7 S 126DC-05000 SCHARBROUGH DONALD TSE INVESTMENTS LLC JOYCE I PO BOX 1754 10050 5W 92ND LAKE OSWEGO,OR 97035 PORTLAND,OR 97223 t S 126DC-05603 1 S 126DC-03100 S RBRO H DONALD TYROFF JACK R ELLEN D JOYC 9330 SW LEHMAN 100 W D PORTLAND,OR 97223 P RTLAND,O 97223 1 S126DC-05504 1 S126DC-05503 S ARBRO DONALD AND VANDERYACHT MARK S& JOY I MARY E 1005 2ND 9125 SW LOCUST 5T TLAND, 97223 TIGARD,OR 97223 1 S126DC-02402 1 S126DC-06400 SCHROETKE LIVING TRUST ORY RDENS OWNER OF BY NEIL A/LINDA K SCHROETKE TRS LOTS - 9070 SW LEHMAN ST TIGARD,OR 97223 1 S 126DC-02400 1 S 126DC-017D0 S ROETK VING TRUST WARREN RICKS& BY L INDA K SCHROETKE TRS MACADAEG KERI 907 EHMAN ST 9130 SW BORDERS ST T ARD,O 97223 TIGARD,OR 97223 7 S126DC-05500 1 S126DC-02001 SCHULTZ ERIC D 8 JULIE A WEAVER ERIC J&BARBARA K 9130 SW CORAL 9105 SW LEHMAN ST TIGARD,OR 97223 TIGARD,OR 97223 1 S t 26DG-07700 WEEKS H&D LIFETIME TRUST BY HOWARD B/DOROTHY M WEEKS TRS 12900 SW 9TH ST#321 BEAVERTON,OR 97005 1 S 126DC-02600 WEST MORGAN&EMILY 9170 SW LEHMANN ST PORTLAND,OR 97223 15126DC-05602 WESTERN CREDIT SERVICES Go BUOY TAMYRA PO BOX 7056 BEAVERTON,OR 97007 'I S 126DC-01600 WILKINS CLINTON R KATHERINE J 9120 SW BORDERS TIGARD,OR 97223 1 S 126DC-03701 ZIMMERMAN LARRY D&DONNA J 9335 5W CORAL ST TIGARD,OR 97223 Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Sue Rorman 11250 SW 82�d Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78�Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 CITY OF TIGARD - EAST CIT SUBCOMMITfEE (i:lcurpinlsetupllabelslClT East.doc) UPDATED: April 18, 2002 � � - . 91 ST GEOGRAGMIL•INFORMATIOH SVSTEM a � AREA NO*IFIEp Q (500') � BORDERS FOR: Steve Perry YI!/KMMI ,�ee.uN �,n.�.�n rilYNC09N �,,,,�,.N RE: 9885 SW 92nd Ave. � """"°" (ISI26DC, 3001) J� uvwarm: um�asw —— ——— —— ———_ , �. . � v ,�..�...� ,�.., ,n..u.� .�.., .,�.�.. ,�.d.� ,�..o.�, ,�.„. .� � �tl"""' `II"""" Property owner information is vatid for 3 months from � LE H MAN N the date printed on this map. C� ��n .. pM� R17�R�MN 1iQiNMiN iN1��CNM� ItllNC�}�M sl! IM Yl1��Op17 %t7�IfA77�i nmrcnm 7ittOC�1N/ 1i17��CpOM MitONtN1 T Z mtatm�: m7oeeNm qi1�NM1N uttue�:�u O um�eua� 0 � � xronnn� �� .n..e... .,,�.� ,�.��« .,�.�,., .,,.�.�» N ,�..� � . ,��.m, ,�.K.��., .�.�, CORAL . N ,�.�.�., +�w» enuewn uvweww w� AM�pMM �YWMiM AMNMIN RtlMCNM ��= 0 t0U 200 300 Feel vmrc�sa� �y�NM x�a� �� 1"=2081eet anoewu� lil!/K�SN� tttli�HiW litlMNf7�1 �py�,�M tltl/�LOM� iV��pi1N �{IlNCM01 � A71i�C�6M1 .-.... . � City of Tigard amuwm +�«i C° Infortnation on Ihis map is lor general lacatian only and shouW 6e verified wilh Me Devebqnent Servicea Division. LOCUST731255W HaII81W Tipard,OR 97223 (503)W9-�171 ht�p:/!wW W.ti.tigefdALUs Community Development Plot date: Feb 27,2003;C:lmagicWIAGIC03.APR 1 S126DC-068D0 1 S126DC-042()a 1 4 P ITION PLAT CHAVEZ ALFRED& OWN OTS 1-3 CORYELL ALICE O 8 JACK W 9900 SW 92ND PORTLAND,OR 97223 1 S126DC-02903 7 S 126DC-05201 AARON TED R&IDA JANE COBB GREGORY J&MICHELLE M 369 NW BLAIR ST 9245 SW LOCUST ST SHERIDAN,OR 97378 PORTLAND,OR 97223 1 S126DC-01002 1 S 126DC-04100 ANAST ANGELINE V CORYELL JACK M&ALICE O 9355 SW LEHMAN REVOCABLE LIVING TRUST PORTLAND,OR 97223 9900 SW 92ND TIGARD,OR 97223 1 S 126DC-02901 1 S 126DC-02700 ASSON STEVEN R&SILVIA C CORYELL JACK M ALICE 0 14230 SW KIMBERLY DR 9940 SW 92ND BEAVERTON,OR 97008 PORTLAND,OR 97223 1 S 126DC-03300 7 S 126DC-05505 ATHERTON REALTY PARTNERSHIP COUNSIL ARLEIGH B JR 2100 S WOLF 9110 SW CORAL ST DES PLAINES, IL 60018 TIGARD,OR 97223 1 S 126DC-02801 1 S 126DC-03301 BARBER JENNIFER M CROFT LIVING TRUST 9055 SW CORAL ST Go GARRISON PETER PORTLAND,OR 97223 9420 SW LEHMAN TIGARD,OR 97223 1 S126DC-05502 1 S126DC-01200 BOTORF VERNON D ST DAVIDSON HOWARD V& 9160 SW CORAL L FERN TIGARD,OR 97223 9665 SW 92ND PORTLAND,OR 97223 1 S 126DC-01201 1 S 126DC-02000 BOWMAN DIANE M DEISNER RICHARD H&TONYA L 9705 SW 92ND AVE 9103 SW LEHMAN ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 126DC-01100 1 S 126DC-03200 BRAAM PIETER H M 1992 TRUST ERICKSON 0 K&ARDIS R TRUSTEES 9315 SW LEHMAN ST 9350 SW LEHMAN ST PORTLAND,OR 97223 TIGARD,OR 97223 1 S 126DC-02100 1 S 126DC-03800 BROWN JAMES E KARYLENE G FISHER MICHAEL Q 9065 SW LEHMAN 9255 SW CORAL PORTLAND,OR 97223 TIGARD,OR 97223 1 S126DC-03900 1 S 7 26DC-02902 GAMMON LYNNE M 8 JERRY W HENSEL KRISTOPHER J& 9225 SW CORAL ST MAGERS JULIE E PORTLAND,OR 97223 9135 SW CORAL ST TIGARD,OR 97223 1 S 126DC-01801 1 S 126DC-01101 GARD RICHARD E JR AND HERBST BRANDON UJANA M JOLIN M 9245 SW LEHMAN ST 9150 SW BORDERS TIGARD,OR 97223 PORTLAND,OR 97223 15126DC-00901 1 S126DC-04001 GETHSEMANE EVANGELICAL HOME ELMORE JR&FLORA M LUTHERAN CHURCH 8775 SW LOCUST ST#9 9640 SW GREENBURG RD TIGARD,OR 97223 PORTLAND,OR 97223 1 S126DC-06300 1 S1260C-06000 GIFFORD GREG K&HEATHER L HOWSE DIANNA L 9825 SW 91ST PL PO BOX 230861 PORTLAND,OR 97223 TIGARD,OR 97281 1 S 126DC-05303 1 S 126D C-02702 HALAMA PAUL HUNT BETTY JANE TRUST 9070 SW CORAL ST BY WILLIAM HUNT TRUSTEE PORTLAND,OR 97223 8038 NW HAZELTINE ST PORTLAND,OR 97229 1 S 126DC-03600 1 S 126DC-02701 HANSEN MELVIN L JUNE A HUNT WILLIAM TRUSTEE 9395 SW CORAL 8038 NW HAZELTINE ST PORTLAND,OR 97223 PORTLAND,OR 97229 1 S 126DC-02602 1 S 128DC-01800 HARDIN EDNA Q JASPERSON LIVING TRUST 4806 SW WEMBLEY PL 21820 SW FULLER DR BEAVERTON,OR 97005 TUALATIN,OR 97062 1 S 126DC-01901 1 S 126DC-06100 HARPER CHARLES F JR KLING ROGER S AND JUDY F 9155 SW LEHMANN 11575 SW PACIFIC HWY#201 PORTLAND,OR 97223 TIGARD,OR 97223 1 S 126DC-05101 1 S 126DC-03000 HARRIS GREGORY E KNIGHT DANIEL J 9036 NW BENSON ST JOHNSON DEANNA JEAN PORTLAND,OR 97229 9314 SW LEHMAN PORTLAND,OR 97223 1 S 126DC-04000 15126DC-01003 HEFFLER ROBERT ARNOLD LAYMAN DEBORAH J S TRUSTEE 9260 SW CORAL 3216 SW SCHOLLS FERRY CT PORTLAND,OR 97223 PORTLAND,OR 97221 1 S126DC-07800 1 S 126DC-03302 LEHMANN SQUARE HOMEOWNERS MURRAY DOUGLAS J ASSOCIATION TILLIE A 19305 ROBIN CIR#55 9450 SW LEHMAN WEST LINN,OR 97068 PORTLAND,OR 97223 1 S126DC-05100 1 S126DC-01902 LOOS BEVERLY A NEUNZERT MICHAEL E/CAROLINE B 9365 SW LOCUST ST 9221 SW LEHMAN ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 126DC-06700 15126DC-02601 LUNDMARK ALBERT C NGUYEN KY V&MINH HANH T 3381 COEUR D'ALENE DR 9150 SW LEHMAN WEST LINN,OR 97068 PORTLAND,OR 97223 1 S 126DC-08500 1 S 126DC-05302 LUNDMARK ALBERT C 8 ELIZABETH A PEDERSON WM T PAMELA D 3381 COEUR D'ALENE DR 9090 SW CORAL WEST LINN,OR 97068 PORTLAND,OR 97223 1 S126DC-06500 1 S 126DC-03002 LUNDMARK ALBERT C&ELIZABETH A PERRY CARL W AND GLORIA M 3381 COEUR D'ALENE DR 9250 SW LEHMANN ST WEST LINN,OR 97068 PORTLAND,OR 97223 126DC-08400 1 1260C-05900 LlJ R ERT C&ELIZABETH A PE L W AND GLORIA M 3381 'ALENE DR 925 L ANN ST ST LINN,OR 068 RTLAND,OR 223 1 S 126 DC-05501 1 S 126DC-02900 MAGILL SUSAN E&DAVID J PERRY NANCY L 9180 SW CORAL ST 9905 SW 90TH AVE PORTLAND,OR 97223 PORTLAND,OR 97223 1 S 126DC-05400 1 S 126DC-03001 METZGER UNITED METHODIST CHURCH PERRY STEPHEN WILLIAM AND 9055 SW LOCUST LORINDA C PORTLAND,OR 97223 9885 SW 92ND PORTLAND,OR 97223 1 S126DC-01102 7 S 126DC-06200 MILLER THOMAS M DOROTHY RAHMAN FAHIM S&JAMILA 9745 SW 92ND AVE 9854 SW 91ST PL PORTLAND,OR 97223 PORTLAND,OR 97223 1 S 126DC-03500 1 S 126DC-03700 MORROW KENNETH C AUDREY RASMUSSEN DARLA REV LIV TRUST 9411 SW CORAL 603 SW LARKSPUR CT PORTLAND,OR 97223 SUBLIMITY,OR 97385 1 S126DC-04400 1 S 126DC-05200 RENAISSANCE VENTURES LLC& STITT DEANE A&CAROLYN M BBH INVESTMETNS 10025 SW 92ND AVE 1672 WILLAMETTE FALLS DR TIGARD,OR 97223 WEST LINN,OR 97068 1 S 126DC-01900 1 S 126DC-07900 RODRIGUEZ MIGUEL A& D OF HENRIGUEZ MB ALICIA& 13125 HALL LARA ERIC TI RD,O 7223 9750 SW 92ND AVE PORTLAND,OR 97223 1 S 126DC-01004 1 S 126DC-01001 ROTH JEFFREY A&BETTY A TOBEY MARSHA L 9445 SW LEHMANN 9335 SW LEHMAN ST TIGARD,OR 97223 TIGARD,OR 97223 1 S 126DC-05202 1 S 126DC-05601 RUFF MICHAEL L JOYCE E TROUTT JOYCE I 12150 SW 124TH AVE NOW SCHARBROUGH TIGARD,OR 97223 10050 SW 92ND PORTLAND,OR 97223 1 S 126DC-05600 1 S 126D C-05000 SCHARBROUGH DONALD TSE INVESTMENTS LLC JOYCE I PO BOX 1754 10050 SW 92ND LAKE OSWEGO,OR 97035 PORTLAND,OR 97223 1 S126DC-05603 15126DC-03100 S RBRO H DONALD TYROFF JACK R ELLEN D JOYC 9330 SW LEHMAN 100 W D PORTLAND,OR 97223 TLAND,O 97223 1 S126DC-05504 1 S 126DC-05503 S ARBRO DONALD AND VANDERYACHT MARK S 8 JOY I MARY E 1005 2ND 9125 SW LOCUST ST TLAND, 97223 TIGARD,OR 97223 1 S 126DC-02402 1 S 126DC-06400 SCHROETKE LIVING TRUST ORY DENS OWNER OF BY NEIL A/LINDA K SCHROETKE TRS LOTS - 9070 SW LEHMAN ST TIGARD,OR 97223 1 S 126DC-02400 1 S 126D C-01700 S ROETK VING TRUST WARREN RICKS& BY L INDA K SCHROETKE TRS MACADAEG KERI 907 EHMAN ST 9130 SW BORDERS ST T ARD,O 97223 TIGARD,OR 97223 1 S 126DC-05500 1 S 126DC-02001 SCHULTZ ERIC D 8�JULIE A WEAVER ERIC J&BARBARA K 9130 SW CORAL 9105 SW LEHMAN ST TIGARD,OR 97223 TIGARD,OR 97223 1 S126DC-07700 WEEKS H&D LIFETIME TRUST BY HOWARD B/DOROTHY M WEEKS TRS 12900 SW 9TH ST#321 BEAVERTON,OR 97005 1 S 126DC-02800 WEST MORGAN&EMILY 9170 SW LEHMANN ST PORTLAND,OR 97223 1 S 126DC-05602 WESTERN CREDIT SERVICES c/o BUOY TAMYRA PO BOX 7056 BEAVERTON,OR 97007 'I S126DC-01600 WILKINS CLINTON R KATHERINE J 9120 SW BORDERS TIGARD,OR 97223 1 S 126D C-03701 ZIMMERMAN LARRY D&DONNA J 9335 SW CORAL ST TIGARD,OR 97223 Jack Biethan 11023 SW Summerfield Drive, #4 Tigard, OR 97224 Sue Rorman 11250 SW 82�d Avenue Tigard, OR 97223 Naomi Gallucci 11285 SW 78th Avenue Tigard, OR 97223 Michael Trigoboff 7072 SW Barbara Lane Tigard, OR 97223 Dieter Jacobs 7775 SW Spruce Street Tigard, OR 97223 Alexander Craghead 12205 SW Hall Boulevard Tigard, OR 97223-6210 David Chapman 9840 SW Landau Place Tigard, OR 97223 Nathan and Ann Murdock PO Box 231265 Tigard, OR 97281 Brad Spring 7555 SW Spruce Street Tigard, OR 97223 CITY OF TIGARD - EAST CIT SUBCOMMITTEE �i:lcurpinlsetup\IabeIslCIT East.doc) UPDATED: April 18, 2002 CITY Of TIGARD COMMUNITY DEYELOPMENT DEPARTMENT PLANNING DIYISION CfTYOFTIGARD 13125 SW HALL BOULEYARD Community�evelopment TIGARD, OREGON 91223 ,SkapingABetterCommunity PNONE: 503-639-4111 FAX: 503-684-7291 (Attn: Patty/Planning) ° Q 0 ° 00 00 ° ° 0 °� 0 ° �[�� Property owner information is valid for 3 months from the date of your request INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1S134AB, Tax�ot o0100) OR THE ADDRESSES F�R ALL PROJECT PARCELS BELOW: � ��}, � �_;� �-,-z �.1 �� -� ��isi��, 3�� 1 '�. �� ;Z°�r�:,`s �'c-1 2Z3 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: ��;�`�� L- ?��~�t PHONE: ��3 `� � � ' � t ' S This request may be mailed, faxed or hand delivered to the City of Tigard. Please allow a 2-day minimum for processing reques�s. Upon completion 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: FOR HE CST�Y VS.�RE-TYPED MAIL�ING LABELIS 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 �- se s- � 2 sheets of labels x$2lsheet for CIT a�ea x 2 sets=$ 4.00 1 sheet(s)of labels x$2/sheet for CIT area=�x�sets= '_ GENERATE LIST =$11.00 h�� GENERA TOTAL TOTAL =$31.00 ,�f` ,33 � . � � AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE. In the Matter of the Proposed Land Use Applications for: Land Use File Nos.: MLP2003-00008NAR2003-00023 Land Use File Name: PERRY PARTITION I, Brad Kilby, Associate Planner for the City of Tigard, do affirm that I posted notice of the land use proposal affecting the land located at (state the approximate location(s) IF no address(s) and/or tax lot(s) currently registered) -�t�85 Sw 9�''° A�E � WCTM iSl'�(.n� �rAx �o� 3«a� and did personally post notice of the proposed land use application(s) by means of weatherproof posting in the general vicinity of the affected territory, a copy of said notice being hereto attached and by reference made a part hereof, on the '1+` day of M�., , 2003. � Signature of Person Who Performed Posting (In the presence of the Notary) (THIS SECTION FOR A STATE OF OREGON, NOTARY PUBLIC TO COMPLETE/NOTARIZE) STATE OF OREGON ) County of Washington ) ss. Subscribed and sworn/affirmed before me on the �� day of l��a , 20v3 . o��s� (iREER A OA$T�01! � `r NOTARY PUBUC-OREflON /� � /� / �13StON N0.9�ZT908 / /)�) � T MY COMMISSION IXPIRES OCT.10.2000 � � � C��/�S �'�C��; � NOTARY PUBLIC OF OREGON My Commission Expires: h:\login\pattylmastersla�davit of posting for staff to post a site.doc M I NOR LAN D PARTITION (M LP) 2003-00008/ADJ USTM ENT (VAR) 2003-00023 REQUEST: The applicant is requesting approval of a 3-lot Minor Land Partition of .37 acres. Parcel one has an existing home on site, and the t�NO new parcels are expected to be developed with residences in the � �ture. The lot sizes for this development would be 8, 100, 3759, and 3,759 square feet respectively. The applicant is also requesting a development Adjustment to waive or adjust the fee in-lieu of undergrounding the utility lines. LOCATI�N: 9885 SW 92nd Avenue; WCTM 1 S126DC, Tax Lot 3001 . ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and ��stitutional uses are also permitted conditionally. APPLICABLE REVIEW �RITERIA: Community Development Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.630, 18.705, 18.715, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795, and 18.810. Further information may be obtained from the Planning Division �staff contact: Brad � Kilb at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calli�g 503-639-4171 . A capy 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 coaies for all items can also be arovided at a reasonable cost. . � CITY OF TIGARD Community�Dez�eCopment S(apiiigA Better Colmm�nity LAND USE PROPOSAL DESCRIPTIDN 120 DAYS = 8/21120U3 FILE NOS.: MINOR LAND PARTITION (MLP) 2003-00008 ADJUSTMENT (VAR) 2003-00023 FILE TITLE: PERRY PARTITION APPLICANT/ Steve and Lorinda Perry OWNER: 9885 SW 92"d Avenue Tigard, OR 97223 REQUEST: The applicant is requesting approval of a 3-lot Minor Land Partition of .37 acres. Parcel " one has an existing home on site, and the two new parcels are expected to be � developed with residences in the future. The lot sizes for this development would be 8,100, 3759, and 3,759 square feet respectively. The applicant is also requesting a development Adjustment to waive or adjust the fee in-lieu of undergrounding the utility lines. LOCATION: 9885 SW 92"d Avenue; WCTM 1S126DC, Tax Lot 3001. ZONE: R-12: Medium-Density Residential District. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.630, 18.705, 18.715, 18.725, 18.745, 18.755, 18.765, 18.790, 18.795, and 18.810. CIT AREA: East CIT FACILITATOR: List Available U on Re uest DECISION MAKING BODY BELOW: ❑ TYPE I � TYPE II ❑ TYPE III ❑ TYPE IV � . DATE COMMENTS WERE SENT: MAY 5, 2003 DATE COMMENTS ARE DUE: MAY 19, 2003 � ❑HEARINGS OFFICER [MONJ DATE OF HEARING: TIME: 1:OOPM ` ❑PLANNING COMMISSION [MONJ DATE OF HEARING: TIME: 7:OOPM ❑CITY COUNCIL RUESJ DATE OF HEARING: TIME: 1:30PM �STAFF DECISION RENTATIVEI DATE OF DECISION: MAY 28. 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: Brad Kilby, Associate Planner (503) 639-4171, Ext. 2434 . f � �:. �. , � . , �, . _ � Y PRE,APP.HELD B�: CITY OF TIGARD PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OR 97223-8189 503.639.4171/503.684.7297 CITY OF TIGARD OREGON LAND USE PERMIT APPLICATION cx�v� File# �'- Other Case# � - �, � _ � c�o o a 3 Date � '��"°3 By �� Receipt# a°d-3 -14`�I Date Application Complete "'" �� TYPE OF PERMIT YOU ARE APPLYING FOR (�AdjustmenWariance (I or II) � Minor Land Partition (II) ❑Zone Change(III) ❑ Comprehensive Plan Amendment(IV) ❑ Planned Development(III) ❑Zone Change Annexation (IV) ❑ Conditional Use(III) ❑ Sensitive Lands Review(I, II or III) ❑Zone Ordinance Amendment(IV) ❑ Historic Overlay (II or III) ❑ Site Development Review(II) ❑ Home Occupation (II) ❑ Subdivision (II or III) ress i avai a e �I�3�5 S l�1 4� "`,Q A v e . lax I.�o-t 3c]b( a. � s�� . I 5 . �. _ � - I Z 5teve `-� L_ow �v��c� �er�r �� S��- �� - o� So� - �2�- 3�Z- is i more an one �G.vv�e c�S u. o V `When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owners must sign this application in the s ace rovided on the back of this form or submit a written authorization with this a lication. ease speca ic _ .�j vD + �rnn�cL.�►�u�n c ��C� � ' PaY-+� n GIJv� Q � Y 0 C uQX r t j Z S ,� � [�S � C� 0.0 Sl�l � .� V ic�lv�C C 5 �V' ' , � � . APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE"BASIC SUBMITTAL REQUIREMENTS° INFORMATION SHEET. - • ,. . , , � , THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and 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 applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. J � �; -� � o Owner's Signature Da C � �-- �/ - � �3 ner' Signature Date Owner's Signature Date Owner's Signature Date Owner's Signature Date ApplicantlAgent/Representative's Signature Date Applicant/AgenURepresentative's Signature Date r Q �Ili � CITY OF TIGARD O OREGON April 23, 2003 Steve and Lorinda Perry 4885 SW 92"d Ave. � Tigard, OR 97223 Dear Mr. Perry: RE: Notice of Complete Application — MLP2003-00008 and VAR2003-00023 The City of Tigard received your application submittal for a Minor Land Partition and Variance on April 11, 2003. The development site is located at 4885 SW 92"d Ave., and is described as WCTM 1S126DC, tax lot 03001. This letter is to inform you that your application has been deemed complete, and has been scheduled for review. A decision on this application can be expected to be issued around May 28, 2003. You will need to submit an additional 9 copies of the materials as soon as possible. If you have any questions, contact me at (503)639-4171 ext. 2434. Sincerely, ,�.� Brad Kilby, AICP Associate Planner c: MLP2003-00008 Land Use File 13125 SW Hall Blvd„ Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 LdND USE APPLIC�TION Project:_ � aoos-�.+�� Date• -z COMPLETENESS REVIEW ❑ �OMPLETE ❑ INCOMPLETE T NDARD INFORMATION: � .- d/Title/Proof Of Ownership � , . USA Service Provider Letter '—' �---•--��°° r � G }� � # Sets Of Application Materials/Plans �Pre-Applicatian fonference Notes [� Envelopes With Postage (Verify Count) PROJECT STATISTICS: ❑ Building Foatprint Size o � e ['✓�Lot Square Footage PLANS DIMENSIONED: ❑ Building footprint ❑ Parking Space Dimensions(Include Accessible&Bike Parking) ❑ Truck loading Space Where Applicable ❑ Building Height ❑ Access Approach And Aisle ❑ Visual flearance Triangle Shown D I NAL PLANS: Vicinity Map ❑ Architectural Plan ❑ Tree Inventory N�� [�.Existing fonditions Plan ❑ landscape Plan Q Site Plan ❑ lighting Plan TREE PLAN/MITIGATION PLAN: ❑ ❑ ❑ ❑ ADDITIONAL REPORTS: (list any special reports) ❑ ❑ ❑ ❑ ❑ a RESPONSE TO APPLICABLE CODE SECTIONS: ❑ �8.33�((ondioonil Use) ❑ I E.62O(Lgard iri�ngle Design Swduds) I A.�6S(OH-Sotet Puking/Lwding Requirements) ❑ I 8.340(Dircaa's Inuryrenbon) � I E.G3O(Wuhingron Squue Ikponil(enter) ❑ I 8.775(sensitive l�nds kriew) ❑ 18350(vW�ed oe�e�op�rieoc� [►� 18J05�a«��an„uu�� ❑ 18.780�� ❑ 18.360�n u��op��c I��w� � I E.T I O(lkcessory Actidenual Ilnils) ❑ I 8.785(�empor�ry uu ve�� [� I8.3T0 nN��c�/ad��surk�� [✓]' I 8.7I 5(oenury Comp�noons) [�]' I 8.790 Rree�emovaq � I H.3aO(loning Map/Text Miendments) � �8.72�(Design Comp�obiliry Snnduds) ��8.795�su�l Ckar�nce Areu) �� I 8.385�n��a��P�� [►� I 8.725(Enrironmennl Periomuna Standards) ❑ �8.797(Water Resources(WR)Ored�y Disaia) [�� I H.39O(De6sion Miking Procedures/Impact Swdy) � I E.�3O(Excepuons To Uerelopment Snndards) ❑ /I�.�9B�rzkss Communia6on Faalioes) � I H.4 I O(Lot line Ad'pstrnenu) ❑ I 8.740�u�aic oreruyJ � I B.H I O(Street 6 Utility Improvement fpnduds) � I a.A2O(l�nd Putitiau) ❑ I 8.742(Home ocap�uon Permi�) ❑ I 8.430(iubdins�ons) [� I 8.145(l�ndscaping b iuee�i�g Snndud:) dI 8.S I O(ResidmU�l loning pstricb) ❑ I S.7SO(M�nufacturcd/Mabil Nome kguuuons) ❑ I B.$1O(CamKrci�l Ioning Districts) [� I 8.755�n�x�a s��a wuc��ang ftaage) � I H.S3O(Industri�l Ianing Distntts) � I E.JGO(Nonconforrtwng SimaGons) ADDITIONAL ITEMS: I:lcurpinUnasters�evisedUand use application completeness review.dot REVISED: 17-Jan-01 � FORM No.T23-�NGI1�N AND SALE DEE�"�IVIEU�I w Corporele�. covrnaH*wv sr[vcws-ucss imv nre�a�xHO co.ron��u�u.a�s� 1� N� ('1.1 �� 6ARGAIN AND SALE DEEO J�i� ` i ' �'i� KNOW ALL MEN BY THESE PRESENTS, That.....J!.��'.�r��'`-' � ��_-��'� -i4'`' � ��I � "'�Y� Z c.��:a1r,_r�...r��,...u�.F-E_ __ hereinaftercalled�rantot, _l,�R,�..�[s._ C,._` .Z.�._`� I�. ... I� for the consideratron here�natler'stated,dces hereby�rant,ber�arn,sell and convey unto_`�T� ;'�•!-�!>' 'w. - .. �i �2R-� �'��..,� t.up.l�..�n�, C_ i Q�Z�__. _ _ ___ . _ _ _ _ _ , i i� �� hereinafter called grantee, and unto grantee's herts, successors and assigns ell of that certarn real property with llie II tenements, hereditaments and appurtenances lhereunto be/ongrng or in anywise appertaining,situafed in tlte County 'II of �-�!33�{�"'��. _. _ ,State o(Oregon,described ns!o1lows, to-wit: �; I I�� I��I'� A tract of land situated in the Southcast nne-quarter of Section 2G,Township I 5outh, i I Ran�e 1 West of the Willamettc Mendian,Washington County,Oregon,being a part ot' Lots I and 8,f3lock 'D',"Lehmann Acre Tract",being more particularly describeJ as � � lallows: � l3e5inning at a point on tl�e westerly nght of'way line ot'S.W. 92ix1 Avenue which bears � N 89°�2'00"G 5.00 teet From the southeast corner of Lot 8,[31ock`D',"Lehmann Acre Tract";thence N 00°2S'00"W alonb said westerly nght ot�way line,U0.00 feet to the I�I northeast corner of thlt certain tract of�land described in Document Tlo. 8201?21�10, II I�,� Washington County Dced records;thencc Icavin6 said wcstcrly nght of tivay linc of;.�V. I � 9?'"�Avenue,� �i9"32'00"W 90.00 li;el; ll�c:nce S 00"2b'00"G�ilfilllCl WILII JiIIIJ WCSICfIY �'I right ot wuy line oFS.W.92°�Avcnue,90.00 tcct to the south line of said Lot 8;thencc I S Ky"32'UU"W alon5 said south line, 10.I S feet to a 5/8"iron rod;thence leaving said Scwth line�I�Lot 8,S OU°"?8'f►O"E 75A0 Feet to a 5/8"iron rod;thence N 89°32'OU"f-; I 100.I S feet to a�i8"iron rod on the westerly right of�vay line oi'S.W. 92"�Avenuc; " thence N OU°28'OU°W along said nght oi�way line,75.00 I'eet to�he Po�nt ol�i3e�innin�. • �IF SPACE INSUFFICIENT,CONTINUE DESCRIPTION ON REVERSE SIDE� To Have and to Hold the same unlo the said grantee and Qrantee's heirs,successors and assigns forever. IIII� fh�wl ol�Q1 n�de et on c indicetee h�ich�SThe�en eo belween thesy�Gof��O'�!nt t PPOC blele�uld b�de!�ed.See ORS 9J.070.) ��'i I� parf ol the CO ( � � , I In construing this deed and where the context so requires, the singu/ar includes the plura!and a!/ grammatica( II �� changes shal!be implied to make the ptovisions hereof apply equally to corporations and to indrvidua/s. � In Wifness Whereof,the�rantor has executed this instrument this....��...day of...<�N��..............I9.`�.�'.; i Iif a corporate�rantor,it has caused its name to be signed and its seel alfixed by un officer or other person duly author- ;I 2 I• ized to do so 6y order of its 6oard of directors. _-�--- , I THIS INSTRUMENT WILL NOf ALLOW USE OF THE PROPERTY DESCRIBED IN THIS Y-....�.�.....i��r— .:�t_� ` y � ` i INSTRUMENi IN VIOLATION OF APPLICABLE LAND USE LAYVS AN�REGULATIONS. - � ��' "' `')') z�2 — I > �'i BEFORE SIGNING OR ACCEPfING THIS INSTRUMENT,THE PERSON ACOUIRING FEE J F-�jK!G�..C_ /'//�� ............. ................................. I : �, TITLE 10 THE PROPEHTY SHOULD CNECK WITH THE APPROPRIATE CITY OR COUNTY ' i., tiz�.i pP e-. i�a�R� _ I PLANNING DEPAF{TMENT 10 VERIFY APPROVEO USfS AND i0 DETERMINE ANY ,,,,.__ ., j� UMI1S ON LAWSUITS AGAINST FARMING OR FOREST PRACfICES AS DEFINED IN °°°°��"""'°"'°"""" """"""""""' ""'"'�' �� ORS 30.930. � j I STATE OF OREGON,County of...%f�`�:�KTN_(i_:(ti�!'�.._.............)ss. q . This instrument waa knowled�ed bef e me on...... ...._�I�71lkl.M.f'�.....1.......,19.�.�., r, !il b �--Z �/ /l! w � �. .. � Z...�.....----��--�--�-..... .��.�l�..��a.�:vva.z:....�-.'.:..I..t".�,�-,................................... , y.....�::- -- � •�`=1�- „ I This instrument was acknowledged be/ore me on.....................................................19........, , . Y--------�---........--..................................................................................................... ...................................... as...... . .................°-- --..................---..........---°--�----.........°°---°--........_ ................................................... ��_.._.. o -OFFIC1At3Ept--__""'..."'.............."-"""----'-°' _'- ""'............' "............._...........""""-................"••"-'--.. LINDA G VAN DYKE y '-�,. � NOTAHY PU6lIC-OREGON . _,.,, .. ....-°-`----- ...- -C••�✓----°---°...............°°-...... � � -"� COMMiS510N NO.o5506e otary Pub1' for OreBon MV CQMMIS&ION�XPINP_f AUGUST�9.2000 My commission expires...................��.�.� ��4�1�E� f�r-�� C�2��A+�. �QR STATEOFOREGON, 57................................................................................`.:�-.. ss. .�.065.....•��----��................................-•••- 4 22_ County of.........................................� ..�1��.-`•�-�--��......-,-•-- -'�'............°...'...... I certify thaf fhe within instru- Gnn�.:�Nwn.and Addm� ...�x..54.P.�:t:�_*�...,��!�---t'','-'Z,*ra�....`?''s.a:�?:�... ment was recerved for record on the � ._.....day of...................--.._....----��19--------• ..� 0.'2 r-'� ................._-•_ , ..g......r��..S...-�--°--••-••••...............:........... � 2 {MG[11[![IIV[D e�••••••-�-•------°clock.......M.,and recorded '-:S..�Q-.z2/4N�.�"'��.......��.t Z.7c.-".�..."""-"'-......... . � c.e�r..�.Nem.�a�aa.... roR m book/reel/volume No.......................ort I Afur nnrdln9��T�•INam..�ee....,zirh Rcco�ocR•■u�� page........................or as fee/file/instrv- �p�� Q�� menf/mrcrofilm/receptionNo.................. . .1��.:4--•.............................••-.........•••...._........................ p��p�� `W ��_�J� Record of Deeds of said County. --��................ v. +-�� C�2P.6o,.� Z Witnese my hsnd and seal of ....�it't3._.'�.......................................q�.3:...3......... u�m�a�•.�•�.x,.�..i�...�d au r.:.br.�.�u i.�neT.,�ea,...,zir1� County affixed. ....s��....�.._'^:�.�:...._!a:'.�...J�.:'x.'?��:.....................•••........ ......................................................................... �.. ........._""_'_'...___""___'""_".............""""""'"'"""...""""""'.............. NAMt TITL[ ............................•••••••••••••...........-•••••-...•••••-..............._.... By......_.................-•-..........-----._..._...Deputy 1' � �' FOHM No.]3�-�RCAIN AND SI1LE DE� 'Wltluel or Corpare�ej. covvaGH�ies.+ -iEVEHS�vESS inw ruPiiSM��G r.o..voniinr+n on 9noa II NA � .I"1.� I ^, � I BARGAIN AND SALE DEED J��/ I KNOW ALL MEN BY THESE PRESENTS, That. FRED J. LAWRENCE, individually and I FRED J. LAWRENCE atld SIIERILL E. MCCROSKBY—LAWRENCE as ** ,hereinafter called�rantot, _. _.._..... _... _ - -....... ... ........ . I �� lor tlie consideration hereinafter stated,docs hereby grant,bar�arn, sell and convey unto _____. . _ . _ . ,I I� STEPHEN W. PERRY and LORINDA. C.._PE.RRY,_ husband_and wife..._ _ _ _., �� hereinafter called grantee, and unto grantee's heirs, successors and assi�ns all of that certain rea/property wifh the 'I' tenements, h�redrtaments and appurtenances therevnto belon�ing or in anywise appertainin�,situated in the Counfy ,, ot �vashington ,State of Oregon,described as follows,to-wit: �' *Co—Trustees of THE LAt9R�NC� TRUST dated April 20, 1990. A tract of land situated in the Southeast one-quarter of Section 26, Townahip 1 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, being a part of Lot 1, alock 'D' , "Lehmann Acre 'Cract," being more particularly deacribed as followa: ;'I �I I �I II Beginning at a point on tlie westerly right of way line of SW 92nd Avenue which beara North 09°32'00" F.ast 5.00 feet from the SoutheasC corner of Lot B, Ellock 'D', "Lehmann I'� Acre Tract;" thence leaving said Westerly right of way line of SW 92nd Avenue, South II I 89°32'00" wes� 100.15 feet to a 5/0 inch iron rod; Chence leaving said South line of I, Lot e, SouCh 00°28'00" East parallel with the Westerly right of way line of SW 92nd Avenue, 75.00 feet to a 5/B inch iron rod; thence North B9°32'00" East 100.15 feet to II a 5/B inch iron rod on the Weslerly right of way line of SW 92nd Avenue; thence North 00°2�'00" west along said rigt�t of way line, 75.00 feet to the point of beginning. I � :�._ � �:5, �i pF SPACE INSUFPICIEN7,CONTINUE DESCRIPTION ON REVERSE SIDE) � , To Have and to Ho/d the samc unto the said Qranfee and grantee's heirs,successors and essr�ns(orever. ! I�I • 37��0�.�� I The lrue and actual consideration paid for this transfer,stated in terms of dollars,is$_ -• ', �j �However, fhe actual consideration consisfs of or includes other property or value given or promised which is fhe u�hole COnsit�Ct'afiOn (tndiCafe Which).�'(The aenlence between the aymbola 0O,i(nof app/ieab/e,shovld be deleted.See ORS 97.030.) . �'� partvtMe ��, I� In construing this deed and where the context so requires, fhe singular includes the plura( and al( grammatical ' �', changes shal/be implied to rnake tfle provisions hereof apply equal/y to co porations and to rndividuals. � i �� In Witness Wheteof,fhe grantot has executed this instrument fhis..�n�day ot..January __._._.._____,19_9�.; �f' if a cotporate�rantor,it hes caused its name to be signed and its seal alfixed by an officer or other person duly aufhor- I ized to do so by order of its board o(directors. % II�' '� THIS INSTRUMENT WIIL NQT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS L " ` t'�"�'«.C�- ...._... - °--� - INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. rr� i :� riC�"" � BEFORE SIGNING OR ACCEPfING THIS INS7 RUMENT,THE PERSON�C�UIRMG FEE - •`"��:�< <-�_ -- - TITLE 10 THE PROPERfY SHOULD CHECK WITH THEJ�PPROPRIATE CITY OR COUNTY FY'� ��,�i Y`��1�r ��_�Z-' p . �r� 'I, PLANNING DEPARTMENT TO VERIFY APPROVEO U�ES ANO 70 DETERMINE ANY � � � � ��_ rs� a.cc�-£�rcc.:' ii LIMITS ON LAWSUITS AGAINST FARMING OR FOflEST PRACTICES AS DEFINED IN -- ��""" -" � ' ' � � �� I ORS30.930. S erill� �. P9cCroskey awrence STATE OF OREGON,County of..._Washington )ss. � IThis instrument was acknowledged before me on.....JdnUaT}� � __... Ig.__97 Fred J. Lawrence I by..............�-�-----�-��-�----•--°�--•�---••--•---.......-�---.............--- .....-�-------...---........ -�-�----.....---•-�-��---...--�---�--�-• This instruaient was acknowledged 6efore me on.....Jarivarx 19...9�, � by.._Fred_.J..__Lawrence_ and Sherill E. McCroskeX—Lawrenee � °----------- ----------------•--••----....--•.--...-----.........._......... as---�Trustees .......•-----------------------°---.................. -�°----•°---�--.........---•-• --�-�------•---�........................................ . orF�c� � R,�...awre--- -e Trust ..�----�................................... ------------------------�- --- --------- �-----.... ---�/7 ; LINDA G VAN DYKE `�,, :' NOTARY PUBLIC-OREGON .... .�' ....----••---°..................'° COMMISSION NO.055069 ----- °--.......--°- ' -- -...--•-- °-�-----� . MY COMMISSION EXPIRES AUGUST�3,2oeo �I(�ry Pu lic for Oregon i I `�- ----�- My commission expires_..._. FRED J. L�WRENC� STATEOFOREGON, •- .. RED"'--J':•--Z;AWIZENCE�;---TRIISTEE'-----•-••-_-••••- . H�KI"LL"'E':"'"NICCEZOSI{EY'-I:AWREPICE-;---TK STEE County of......----.°-----------------°----.._.... ........................�--•---..-.°-�----..........-�----......_--...---.....---... • Gnnfx'�Nam�and Addr�u I certify fhat the within�nstru- STEPHEN W. PERRY ment was received tor record on the ......--••.......................��---°--.....-•----•--••----............--•�--�----- ......_.day of--•-••--•--........----------......,19.-------� LORINDA C. PERRY � ...............................�-••---....--------....:-°.---...........•--.....-----•° at................o'clock_......M.,and recor e '""'"'"""......................""""""... BPAGE PEBCRYEU """"""_"'"'"""........................... .. . • Gronn�'�Nam�and AddrH� Fop �n book/reel volume No.......................on A�,.,„,,,�i„o,.��m„�r+,m.,�da....,Zlp�: RECORDER'8 UBE page........................or as fee/file/instru- ST�PHEN W. & LORINDA C. PERRY ment/microfi/m/reception No.................. 9.8.8 S---S4V 9 2rid---AV.....•••................................... Record of Deeds of said Cour�ty. Portland OR 97223 Witness my hand and seal of . -�---- --.....�................................................................ u�m na�•.ua.x,.,.��....�a an r�.br.T.�n i.INam.,�da....,z�vl� County affixed. SAME AS ABOVE .........-�-�---.................................°....................-----.._._..... TAXACCT #1S 12 6DC 0 3 9 0 0 ----••-�-•.................•-•--•--......-------...-•---•-----.......... � ""...................."""""'"'.......""."""""'"""_""'___'"""___'""""""'"_"_"".. NAME TITLE .......................••°--....................................-_....------°....••••• BY•--.....--°°°.......--°-°°......•-°-....._.Deputy Message(503)452-8567 .�ohn T. Gibbon, Attorr at Law Cell(503)708-6708 Sole Practitioner P�ty�nts�wyr@ao►.c«„ Admitted in Oregon 8�Washington O F F I C E Practicing in Law Olfices that also contain fhe firms of John Shonkwiler,P.C.&Wm•Hcelscher 8 Assoc.,P•C•• �e 13425 SW 72 nd Ave, atfomeys in ihese Iaw offices are n0(pariners and associate TIGARD, OREGON 97223 on byspecrficagreementwithclients. Phone (503) 624-0917 � FAX(503) 684-8971 EMPHASIZING REAL ESYATE 8� LAND USE LAW ; { November 5, 2002 � Matt Sheidegger, Asst. Pianner ; City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Re: Perry properfy Adjacent fo 9885 SW 92"d Ave. f Dear Mr. Scheidigger : Enclosed please find a copy of letter I received in April when i contacted your department regarding this matter. As you know I have had several other matters pending v✓ith the City some of which have now been resolved. I therefore can turn to this matter and give it the appropriate attention. To do this I have given you a couple of calis to discuss the matter and have yet to received a return call. As you may remember this application involves a p+ece of prope�ty in the Washington Square area which we had a preapplication conference about when it was in the interim stage prior to the final adoption of that area's zoning in conformance with the new plan. As you may also recall my client is very concerned about the various development costs the City is imposing on the property which were not disciosed to him prior to his actively supporting annexation for this area. For this reason he is determined to proceed with this matter as expeditious as possible, for this reason I am hoping that given the fact that he has already gone through two complete preapplication r conferences while awaiting thechlthese tconferences prov de�by a�nU nfo ml al conference< < can update the information whi hopefully by phone and proceed v�ith the resolution of this matter. i thank you in advance for your attention to this matter. Sincerely, John T. Gibbon Attorney at Law jtg Enciosure: 1 cc: file, J. Hendrycks, R. Bewersdorf Message(503)452-85F>7 ''' ' John �. Gibbon, Attorn. �t Law Cell(503)708-6708 Prpryrghtslwyr @aoi.com Sole Practitioner Admitted in Oregon &Washington OFFICE Practicing in Law��es that afso contain the�s ome hn Shonkwifer,P.C•&Wn'•Hcelscher&Assoc.. 13425 SW 72nd Ave. atfomeys in these la�v offices are n�a�ners and associafe TIGARD, OREGON 97223 on by specrfic agreement wrth cl'�ents. �, Phone (503) 624-0917 , � - Fp�((503) 684-8971 EMPHASIZING REAL ESTATE 8� LAND USE LAW - 02 iLE COPY �. April 10, 20 � Richard H. Bewersdorff, Pianning Manager 13125 SW Hall Blvd. Tigard, OR 97223 R e: Sfafus of properfy adjacent fo 9885 SVV 92r'd Ave - Owners Perry- Following Adoption of Washingfon Square Plan Dear Mr. Brewersdorf: This letter wili confirm that I received an ehaticommu�cat on�ndg ated that my partitioning application for this property• T ciient could proceed with his partitioning application and a request for a director's interpretation regarding the underg►ounding charge without going an additionai pre-application conference. I understand that this decision is based on the {S�t�oae�y t R 3t5 as a part of apparently considered an upzoning of my cl�e po��on of the plan was the adopticn of the Washington Square P�e efoae emains zoned for R-7. If this uitimately not adopted and the property is a correct understanding it is certainly i nf10 shes to, mpose on my clients' C proportionality of the assessments the c y r� property. ieces C In order to move ahead with this matt°r I needno a q licationoitsel�fl,t�hen my of assistance. The first relates to the partition g pp client sought to reinit+ate his application last year he acquired ho e that there is envelopes for the mailing of ttie r aterial�ca�teffect velyrbe 9pdated without a method by which this mailiny m completely reworkiny the mailing i�aterials. Secondnn ordena�celt weli nleed to e viability of my clients challenge to the underground g review and evaluate tf�e history of recent payments made for that purpose to the City and the land use proposals that produced ther�. lf you can provide me 4vith information confirming e°I`�'�a ner I suggest�tt�eenames be addressed and, if it is possible to proceed in reciate it. of City staff able to assist me with either process, I would app � �. � t7. BREWERSDORF 04J1012002 PAGE20F2 As always I thank you and your staff in advance for your prompt and professional attention to this matter. �. Sincerely, John T. Gibbon Attorney at Law jtg Enclosure: 0 cc: file, client � � f C Messa9e(503)452-8567 ' Atto rnE. .t Law Cell(503)708-�6708 John T. Gibbon, p�P�,�9htslwyr@aol.com Sole Practitioner washington p�dmitted in Oregon & practicin9 in La+v Off�ces that aJso contain the firms ofJohn OFFICE Shonkwiler,P•C• &Wm.HcelscherBAssoc., P.C.- The 13425 S�N 72nd Ave• attomeys rn these Iaw otfices are»ot artners and assoc�ate o�by sp��agreement with clients. , TIGARD, OREGON 97223 ' Phone (503) 624-0917 ' - FAX(503) 684-8971 EMPHASIZING REAL ESTATE & LAN� USE LAW March 22, 2002 Richard H. Bewersdorff, Planning Manager 13125 SW Hall Blvd. Tigard, OR 97223 o ert at 9885 SW 92nd Ave - Ov✓ners Perry_Followin9 adoption of Re: Status of pr p Y Washir�gton Square plan Dear Mr. Brewersdorf : onian (Feb. 28, 2�02) on a report I recently saw in The Oreg o�{ion of the I am writing to follow up ►eted adoption of it's P oinin that indicated that the City of Tigard had comp e lan. The article left me with the "Washington Square Plan". 1 noted that th ons'of th dp ate that the adj 9 lete their po� rovisions app�icable to proPectY jurisdictions still had to comp �an rovisions were in question of whether that meant the actual zoning P i� the other jurisdictions inside the City of Tigard still ha ed they are prov s onal unte p p effect or t ha t i f t h e y v r e r e a d o p ado pted the plan. a d o p t e d p l a n and zoning maps affecting reciate being sent copies o f any an se v e r a l I would app continue the process my above referenced clientses �nt the ` the area so that I may e� As you may remember I rep C years ago in connection with their prop Y� e owners of the vacant undeveloped tract of land located adjacent to their Perry's, th � home at 9885 SW 92�d Ave. enders is tl�at they acquired the A thumbnail sketcl� of the issue Perry's ownership eng �o ef{ owner as an investment and a prope�ty in the early 1990's from the aaalitnlde el pment on the property. Because of means of assuring appropriate high q y rovided for urban level development and s acquired the property they chose to delay the limited options that Washington County p the their ne°ds at the time when the Perry' g2^d qve ent and take ownership of the tract by mean�}°{hei�res den�ce a ongt� This d e v e l o p m owne d �v a s c o n n e c t e d w i t h e n l e d a n meant ihat the frontage they o�t until they and immediately near�Y �OVeral�ot hIr propert esttorthe City of Tigard. effort to annex this and se This decision aithough probably one that is fuliy supp ortable in terms committing the ualit urban development had one side 5'9�Ibtain suppor� for1aheeffect tha prope�ty to q Y when he endeavored to o fee has on was not disclosed to Mr. Perry act of the City's undergrounding annexation, the significant negative imp 1 � are developed, as a double wide tot in an properties configured such as this when they occurred. area where nearly full development has already arent when Mr. Perry expiored, through the mean�sf th s proPe�y �� This became app a roval for the partitioning application conference, obtaining City PP e�e such that the Pe[.rys ,• sin le family home. As a result he disco�red, much to his chag'rin, order to develop a 9 ordinance that the workings of th aCthe assessrm nt ornboth the frontage of their long ago ed frontage of the recently acquired tract, would be required to p y ment. developed home as well as the undevelop . ecialiy when considered in relation to ' usl a substantial cost in relation to the allowed single family home deve o obvio Y with the C►ty The manifest inequity of this result was suc eSp S after a meeting to ��sue most other developments within the City the Perry lanning P er and the Development Director, decided to and stiil are p h any other � Manag ur ose for with developing the lot. It was for this the p P rectification of this hardship through a director's interpretation or rou available procedure in connecti s�n 1997. that I was retained by the Perry 1an was then developing it became apparent the However as the Washington Square p lan's resent would not be fairly defined Ume'nt a lowed by right ma gnitude of the hardship p e of develop e� w a s m a d e a nd the t yp h a s b e e n a s a c tive in designation for the prop Y in this connection Mr. Perry was firmiy esta blished. Accordingly � te that such a division of the k on the plan as his employment schedule o°ndicailOW. �n addition in June o the wor eared last year when economic circumstance app uare plan seemed to be ro riate and the Washington Sq re-application land was financially app P 's behalf, participated in a second p reaching completion l, on the Perry the necessary applications as noted conference with the City in anticipation of making above. that either the plan's ultimate Therefore if, as it app ears to me from the pre occur l am now requesting the above designation of the property has or will snortly � formation and, if currently, appropriate a Wa�forthwith movelrahead on this described m another pre-app�ication conference in order that we may application and resolve this situation. � Sincerely, r John T. Gibbon Attomey at Law jtg Enclosure: cc: file, client � [� (� � (! �l [� lI �� U 2 7 2003 I � FEB , CIeaIlWate� SerVIC�S File Number z $�y O.�r c�,inuiilnicnt i� �lc:ii ----- - __�.. By!—— ___ . - Sensitive Area Pre-Screening Site Assessment Jurisdiction : _ - ,.��,_—._ ---_-- Date ? 2- 7 03 __^_ � Map 8 Tax Lot �L_�-�I-/�� — -- Owner S�4 �� • t..�:L\N�!� �. �� 2`l Site Address �� , -, .-- ��,.-, ` �Z_u;� � � ` �`�''`��=' �---- --- ' `"' --_--------- — ---�� •�� ;� �tl Z.z� Contact _�-'�� 5 `��---� �=c-L �� r'�� Proposed Activity c_�+.s=� r��i ��= _ Address ��.��-�`�h �= '?`��-C"� 9�Z"Z 3 _ z�t 5_��,� ,f `� ,-,�,��ti. � _----- �•.�_ �:;� — C�{;1 d��'f��.ca��:�a� Phone � e�s`_�� _�-� - � � c c Official use only bebw this line ��''�- "� Y N NA Y N NA � ❑ ❑ Sensitive Area Composite Map ❑ ❑ � Stormwater Infrastructure maps Map # /�IWD QS# Yo2C� Y N NA Y N NA � � � Locally adopted studies or maps � ❑ ❑ Other Specify Specify x o00 �r;Q/ sF..�o Based on a review of the above information and the requirements of Clean Water Services Design and Construction Standards Resolution and Order No. 00-7: ❑ Sensitive areas potentially exist on site or within 200' of the site. THE APPLICANT MUST PERFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PROVIDER LETTER OR STORMWATER CONNECTION PERMIT. If Sensitive Areas exist on the site or within 200 feet on adjacent properties, a Natural Resources Assessment Report may also be required. � Sensitive areas do not appear to exist on site or within 200' of the site. This pre- screening site assessment dces NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered on your property. NO FURTHER SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. THIS FORM WILL SERVE AS AUTHORIZATION TO ISSUE A STORMWATER CONNECTION PERMIT. ❑ The proposed activity does not meet the definition of development. NO SITE ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED. Comments: �al�d oy vcv ew � � ROa� 4.eria� O�iro� �lrar/•.�lr Ir.s%r:vr •u'esJ vo � r - - r ro +�'s� w:rt.'� ov 1��•r o! T.�� s 7'P -- - Reviewed By: Date: 3,��03 Returned to Applicant Mail Fax Counter� 155 N First Avenue, Suite 270•Hillsboro,Oregon 97124 Date By�- Phone: (503)846-8621 • Fax: (503)846-3525 «•w�w.cleanwt+terseryicex.ur� ,' ' • � Narrative—For Partition Of Portion Of Tax Lot 3001 Map 1 S 1 26dc -Sw 92nd Ave. For Steve Perry- Owner Pronosal 5ummar� This narrative is submitted to support the application of Steve and Lorinda Perry that seeks approval of a partition to divide the property (Tax Lot 3001, Map 1 S 1 26DC) containing his home 9885 SW 92nd Avenue into three legal parcels. The northernmost parcel to be created will contain the Perry's personal residence. This approval is sought to enable the Perry's to possbly, 1) refinance their home separately from the undeveloped southern portion of their property and 2) in the right circumstances develop the adjoining vacant and partitioned property. This narrative also addresses the Perrys request for a variance adjustment to reduce the hardship of the literal imposition City's utility undergrounding standards to their proposal. Proposal History The Perry's acquired the vacant property south of their home fram their neighbor to the south a few years ago, their intention was that by doing so they would be better able to control the development of the property adjoining their home. Due the property's configuration it was clear to them that any development on the vacant tract would be accessed from 92'� Ave. They realized this would invariably impact his property much more than that the neighbor from whom they bought the property whose home fronts on Coral Street. After acquiring the property, by means of a tax lot adjustrrient approved by Washington County, the Perry's, with the encouragement of City staff, brought their residence parceland the newly acquired property along with several adjoining properties (thanks to Mr. Perry's assistance) into the city by means of an annexation. It was only after the annexatian was complete and the applicants considered developing the property with a single family home that they discovered, at the first pre-application conference held on this matter in 1999, that, contrary to the general assurances of responsible city staff during the course of the annexation, that the substantial undergrounding fee discussed in the latter part of this narrative would apply to their entire properly. Although the applicant then considered proceeding ahead with the development of the lot under the then extant R-4.5 zoning the costs associated with the undergrounding, the initial uncertainty on the part of both senior City staff as well as the applicant's land use consuhant's on how to address the issues related to the undergrounding fees and City's beginniug of the process to adopt the new Washington Square azea plan effecting this property prompted the applicants to defer proceeding with their initial application to partition the property. Subsequently, in 2001, when it appeared that the Washington Square process was moving to fruition the applicants land use representative sought an additional preapplication conference which atthough it occurred prior to the adoption of the zoning related to the Washington Square plan both anticipated that new zoning and the identified the use of the adjustment variance process as appropriate to address the issues arising as a result of the undergrounding ordinance to the Perry's property. Subsequent to the adoption of the Washington Square Plan the applicants representative confirmed with City planning officials that, in light of the applicant's two previous 1 preapplication conferences that the instant application could proceed without further preliminary meetings. The applicant has prepared and gathered materials necessazy for making this updated application. (See Narrative Exhibits) Description of Proposal The applicant purposes to divide the southern portion of his property into two 3759.3 square foot parcels in conformance with the new R-12 zoning adopted for the site by the Washington Square Plan The applicant has only preliminary current plans to develop the vacant property. It is quite possible they will hold the separated parcels in a family controlled LLC, for liability purposes, pending its future development. This land banking is however problematic absent resolution of the undergrounding issues discussed below. The �t is hoped that the impact of City fees can be mitigated to the extent that development or sale of the new parcels can occur when the applicants financial circum.sta.nce, the economy and the results of recent City planning efforts for the area shows the development of the property is most feasible. As a result of the City's adoption of the Washington Square Plan the subject site is currently designated R-12. The proposed configuration of the parcel that is to contain the e�cisting house is 90 feet by 80 feet. The new undeveloped parcels are to be 37.5 feet by 100 feet. Each parcel will meet the required minimum lot size in the zoning district. The patcel containing the existing house wi11 meet or far exceed the setback requirements for the zoning district. If development of either attached or detached single famiZy residences should occur on the new parcels the setbacks required by the city Development Code could be met without need for adjustment or variance. Description of Site. its Vicinity and History T'he proposed 8100 square foot northern parcel, that contains the Perry's residence and it's associated 'm�rovements will, as proposed, will be nearly square in configuration. It wiil be separa.ted from the two new pazcels by an existing wood fence. The two proposed vacant 3750 square foot parcels are nearly level, with the entire vacant area slaping from 218 feet in elevation in its northwest corner ta 216 feet in it's southeast corner. Minor grading to assure positive slope across the parcel to 92nd Ave. in the area's southeast corner where drainage facilities are available will be needed when the parcels are developed. The property is located approximately 1800 feet east of Greenberg Road between Washington Square and the Metzger cominercial area. The parent parcel is surrounded (along 92nd. Ave. as well most of the surrounding streets) by properties which are nearly fully developed with single family homes. A few opportunities for additional in-fill units appea'r to exist in the area and with the constraints on development within the city removed as a result of the completion of the Washington Square planning process it appears that proposals to do this aze beginning to develop. If partitioned as proposed it appears that the two vacant pazceLs will be the only unused undeveloped land existing along 92nd Avenue between it's southern dead-end terminus at the intersection with Cora1 Street and it's dead-end temunus north of Borders Street. The only properties abutting 92nd Ave. in Metzger area that are within the Tigard City 2 limits are the parent property and the two lots to its immediate north and south as well as the two lots to its west between Lehman Street and Coral Avenue. T'he applicant is aware that a proposal for infitl development on the latter properties is being prepared. Ninety Second Avenue dead-ends to both the north and south of the parent properiy. To the south, although vasious maps show dedicated right-of-way, the street does not connect between Coral Street and Locust Street. Access to five developed homesites imrnediately north of Locust is provided by an unpaved gravel road with the remainder of the roadway adjoining Coral apparently incorporated in the yards of adjoining single family properties. Ninety-second Avenue's northern ternvnus is a non intersection dead- end abutting two underdeveloped lots. These praperties separate that roadway from Hall Boulevard. L�cewise neither Lehman or Coral Street, the cross streets adjacent to the parent parcel, extend east through to Hall but they both extend west to intersect with Greenberg Road. The area was original p]atted as part of"Lehrrian Acre Tract" in 1908. The 92nd Ave. right of way between Lehmann and Coral Streets was reduced from the originally platted sixty feet to a fifly feet by action of the Board of County Commissioner in 1985 when they vacated five feet on each side of the previously plated Sellers Street(Order No.85-212). The City of Tigard recentty adopted Washington Square Regional Center far the area surrounding the subject site w�l continue a trend of a moderate increase in house density in the area in form consistent with the existing suburban type infrastructure in the area. Status Of Infrastructure Streets: 92nd Avenue is a street that has recently been paved as part of Washington Count�s general upgrading of streets in the unincorporated urban azeas. It currently has at Ieast 22.5 feet of paved surface in the 50 foot right-of-way. Except for the west side of the block containing the subject 92"d Ave. remains in County jurisdiction. Storm water: Storm water in the area of the proposed lot is current routed through ditches and culverts that d'uect the flow east toward the Metzger area and presumably into Ash Creek. These facitities adequately handle the flow from th+e exasting home and would be adequate to handle the increased flow created by the development of the proposed parcels. Sarritary Sewers: There is an existing 8 inch sanitary sewer in 92nd Avenue in front of the parent property that serves the existing home and will be adequate to serve development of the pazcels created from the vacant land from the manhole are located in 92°� Ave. both slightly nprth and south of the vacant land when those proposed parcels are developed. Water: A TVWD water main is located on the east side of 92nd Ave., it currently provides service to the existing house and is adequate to provide service to any development, when it is occurs, on the vacant pazcels through a standazd service connection. 3 Telephone, Power, Cable: The utilities supplied by private companies are provided to the site through existing overhead lir�s placed on poles located on the west side of 42nd Ave adjacent to the proposed parcels. Service to any development on the newty created southern parcels physically can be undergrounded with the utilities to the site coming from a pole located adjacent to the southeast corner of the property. Undergrounding the utilities to the existing home on the newly created northern parcel would resutt in damage to existing landscaping and 'unprovements and the creation of unneeded expense ta replacing a fully functianal utility connections. (See the narrative below regarding the variance adjustment application for implications relative to this situation.) Impact Analysis of Pr�nosed Parcel's Creation&Development No physical impact will result from the approval or even the recordation of the partition for the newly created parcels, even if they are transferred to a different ownership ernity, because each pazcel will remain in the control of the applicant efther personalty or through their family LLC. The actuai physical impact of the partition will result from the eventual subsequent development of the property which, when it occurs, will be in conformance with planning designation that has recently been applied to the area as the result of the Washington Square planning process. � As noted above 92nd Avenue currently has a fifty foot right of way. There is 22.5 feet of paved surface in &ont of the proposed pazcel. Because the street currently terminates at an intersection withm 210 feet of the pmposed parcel to the south and dead ends 2 and one - half blocks to the north the right-of way's paving width is adequate to provide service to tha approximate 20 homes using the street naw. Any development that could occur on the partitioned site as a matter af right should not impact this adequacy. The applicant will sign a waiver of remonstrance to participate in any street project by the City that is needed to improve and upgrade the street or to provide for its extension through to either Locust ar Hall Blvd. No pedestrian sidewalks exist along the 92nd Ave. in the Metzger azea except for the length of one lot on its easterly side near its northern dead-end terminus. Sidewalks exist adjacent to the intersections of Coral and Lehman Streets with Greenburg Rd. where commercial and multifa,mily residential have been developed in the City. Construction of a sidewalk adjoining the two proposed 3750 square foot parcels when development occurs wiit be feasible but extension of the sidewalk aiong the length of the existing residence will, like the undergrounding of the power, require removal of numerous improvements including a fence and a landscaped boundary. The applicant believes that development of any such improvements would be best left to a street upgrade project provided for by waivers of remonstrance. Access to each of the proposed parceLs will be from SW 92nd Ave. directly. A common access point will need to be carefuily evaluated for the parcels to be created from the vacant land as locating an access point near the boundaYy with the parcel containing the existing home to the north of the vacant parcel could create a conflict with the existing driveway on the adjacent parent pazcel. Additionally if a drive is located near the southern boundary of the vacant land it may conflict with the access drive to the directly across property across 92`�Ave. Sanitary sewer will be supplied to any development on the two parcels proposed for the vacant land by comiection to the 8" sanitary sewer line in 92�either at a manhole to the 4 northeast or southeast of the property, construction of laterals for these parcels will require repair of the street a.fterward to eliminate the impact. The connection of the waterline to the line east of 92nd will aLso require street repair upon developrnent to avoid negative impact. The storm water from each of ihe proposed parcels is currently being accomrriodated in drainage ditch on the west side of the S W 92"� Ave. Therefore the approval of the partition will not crea.te a local impact beyond the installation of the piping leading to the ditch The capacity of the ditch in the area appears to be adequate to handle any additional flow created by impem�arable surface constructed during the developrn�ent of the proposed southern parcels as home sites. The connection of the ditching system to the Ash Creek is a matter of area wide concern. Given the size of the proposed parcels upon development of the pmperty the in-lieu of fee may have to be used to address any on-site detention requirements applicable to the site. The connection of underground utiiities to any development on the vacant parcels will have a minor o� site impact. This will result fram the excavation of a trench in the existing right of way to reach the existing utility pole southeast of the site. Utilization of the pole north of the proposed parcel to provide for undergrour�d service to any of the pmposed parcels especially the existing house is conshained by the existence of landscape improvements and fencing adjacerrt to it. A fire hydrant is located approxnmatety 240 feet from the proposed parcels at the southeast corner of Lehman and 92nd. Noise impact created by the approval of the creation of three parcels will be limited because they involve an existent improvement and two additional improvements which the applicant tnay delay until matket conditions warrant. When development of these vacant parcel occurs the existing fencing on the north and south sides of the new parcels will reduce somewhat sound transmission but the impact will still need to be addressed in accordance with the City's code requirements related to noise. Bus service is available on Greenberg Road near it's intersection with Locust Street approxirnately 2100 feet to the west. Development of a bikeway would be impractical under current circumstances in the azea ahhough given the parcels location in relation to Metzger school adequate pedestrian access to the site in the future should be given every consideration. No open space would be available for cominitment to public use as a result of this proposal, but development of the parcel would not materially affect the City's park system The increased density is permitted as a result the recetrt planning changes affecting the site should benefit from the plan's development and preservation of usable public open space within a reasonable distance. Impact from the approval of the creation of the parcels proposed in this application would be insignificant. Because of the proposed parcels configuration the impact of the vacant parcels subsequent development as infill, while perhaps greater than similar development in a newiy developed area, will be greater in short term and less in long term than other styles of such infill development in the area near the site. In comparison to, for insta.nce, a flag lots, this proposal, by developing parcels with full street frontage, will, with the short term impact of utility connections are spread over a geater area have more comparative impact, bnt the long tern impact of the development focusing activity on the street is more consistent with the existing development in the neighborhood and accordingly crea#es less long term impact. T'he development of the vacant parceLs will 5 �� have onty minimally greater impact on public facilities and services than the development of additional infill in newly developed areas because of the existence of reasonably adequate facilities in the area for this scale of development. Responses to Develonment Code Sections Applicable to Proposal Section 18.390- Decision Making,Procedures The materials in this application packet are submitted to compty with the provisions of this sectian of the Devetopment Code. Section 18.420 -Land Partitions The applicant has made this application in order to adhere to the requirements of these provisions of the development code. At some time in the future transfer from the applicant to a family LLC to handle the development will occur but this probably, depending on �inancing considerations, will not precede completion of the formal partitioning pmcess . $ection 18.510- Residential zonin�district As noted the current zoning applicable to the site is R-12 which permits detached or attached single family homes as permitted uses (see table 18.514.1). The timing of the development of the vacant property at this density depends on the a variety of factors including the result of the vaziance request. As noted earlier plans to develop the property at a lower density was delayed pending the outcome of city's long-range planning effort for the area. the outcome of that process isthat this partition will permit the development of the property at greater density than was originally planned by the when the property was acquired. The existing improvements on the northern proposed pazcel rneet all setback requiremen#s. Any development permitted on the southern proposed pazcel as ma.tter of right at this time could be positioned so that the setback requirements of the ordinance can be met. Se�tion 18.705 -Access, Eg;ress and Circulation No changes are proposed for the access provided to the existing improvement on the proposed northern parcel which directly accesses the street. Similar access directly to the street can be provide for any development that is placed on the proposed southern parceLs. Section 18.715 -Densitv Computation Each of the parcels is adequate in size for a some type of single family home in the current zone. The Northern proposed parcel contains 8100 square feet which far exceeds the necessary minimum square footage. Each of the proposed southem parcels has approximate 3750 which aLso exceeds the required minimum square footage for R- 12 development. Section 18.745-Landsca,pin�and Screening The proposed northern parcel has fully developed landscaping and screening surrounding the home. Consideration should be given to the exemption offthe proposed 6 southern parcels (with a combined 75 feet of frontage) from the requirement for street trees as a tree located a immeadiatety adjoin�ing the northern parcel on the the parent parcel as well as existing vegetation on the rear of the property, provides an adequate amount of this amenity and the requirement would constrain design options on the parcels. The entire property is currently surrounded by boundary fencing. The southern parcels developed as a single family homes would be exempted from landscaping requirements and if developed as a duplex should be adequate to permit the installation of type A landscaping. Section 18."76S -Off Street Parking and I,oading The existing home site on the northern parcel has two on-site parkirig spaces exceeding the 1.75 spaces required for a three bedroom home.. Adequate space exists on the proposed southem parcels to conshvct at least two hard surfaced parking spaces in whatever configuration for the dwelling unit is ultimately developed. S�ction 18.795 -Visual Clearance Area The applicant will be able to meet the requirement of this ardinance provisions on the southem lot proposed for new develapment. A preexisting fence on the northern parcel appears to vary from the requirements of this provision. Section 18.814- Street&Uti�itv Impmvement Standards The applicants' evaluation of impacts related to this application above discusses the various factors that are relevant to the subsections of this chapter except as noted below and in the following discussion related to the requested variance/adjustment for section 18.810.120. . 60 Lots The configuration proposed for the parcels on the undeveloped portion of the parent parcel results in a lot width to depth ratio of 1 to 2.75 which apparently exceeds the current standard by 10'�0. The configuration ratio as applied to this property however seems contrary to the current plan for infill and the benefits related to providing parcels with full frontage an the public street. In addition as full development occurs in the area it maybe that street improvement projects, which the applicant will agree to support, may result in the reduction of the existing ratio because of an expansion of the right-of- way for public improvement. Narrative for Variance�nd Adjustnnent to Requirements of 18.810.120(D Under Provisions of 18.370.20(111 The applicants request a variance/adjustment to the requirements of Section 18.810.120(D) to reduced or eliminate the economic hardship that the application of this section causes to their proposed partition. This hardship is the resuh of the applicants being the owner of a property that consists of a fully developed homesite with full street frontage combined full frontage vacant land on street that is subject to only limited city jurisdiction. This configuration of ownership, when comtrined with the litera.l requirements of the undergrounding ordinance (utilizir►g a front footage basis for making the calculation of a in lieu of payment amounts) resuhs in a comparatively higher overall in lieu of assessment (200%+ of comparable properties) being imposed on the applicant while he is denied both fle�bility in dealing with his property and 7 much l�cel�wod of gaining any benefit from the provisions of the undergrounding ordinance.. The interference with their ownership prerogatives is caused by the requirement that the fee must be paid at the time of partitioning, this effectively imposes a charge on the applicants if they choosing to divide and refinance their home separate from the vacant property then delay development even though this is an entirely rational economic decision The application of the ordinance as applied to the owners property configuration imposes a substantial competitive disadvantage on the appGcants because, with no desire to sell their home, they will be forced to apply re�cover the entire cost of the undergrounding in lieu of fee applied to their existing and the vacant parcels from only the saie of the newly developed parcels. In both circumstances the e�ect of the ordinan�ce would seem to be to penalize or at least unfairly limit an owner who wishes to remain in their home and control the development of the vacant land. Tlae applicant needs only to point to the development occurring on the adjoining property west of his home fronting on Lehman Street to demonstrate the hardship, in terms of a compara.tive and competitive disadva.ntage, that is created by the configuration of his property when the ordinarice relies on the frorrtage foot to calculate an in lieu of fee in areas where undergrounding will not occur due to the level of previous developm�ent. An application for Tax Lots 3100 and 3000 proposes to develop an additional fow flag lots on the existing lots to produce a total of six homes on a frontage of approximately 200 feet will resuh a per homesite assessment of approximately $925 versus nearly $1330 per parcel assessment against the applicarn property if the existing home is included and almost $2000 per newly developed homesite. The latter hardship that impacts the applicant can be reduced i� in the construction of Section 18.810.120(D) the ward "development" and "developer" was consistent with those words comnx�n understanding rather literal. A literal construction of the provision, in this circumstance, has the effect of com�elling the applicant to pay the undergrounding in lieu•of-fee for the entire frontage of the parent pazcel charging the frontage fee for the entire length of an existin$ and entirely improved home site. T'his is contrary to a cammon understanding of the term "development" as being limited to the vacant land adjoining the applicant's home. If this was an area where physical undergrounding was required, the interpretation would "unpose a substantial physical hardship on the preexisting home site, because it, developed under different standards, would be required to substantially modify or totaily destroy its existing landscaping to accommodate undergrounding. A large in lieu payment based on it's footage, that is alrnost pmhibitive in character, has the same type of impact albeit economic without providing any benefit to the home site. Conversely the new development on the southern parcels the applicant proposes would fact be able to meet the undergrounding provisions requirements to its new construction from a drop from without significant physical damage or altematively if treated separately have a in lieu of charge that is somewhat comparable to that wluch will be imposed on adjoining praperties. In addition the in lieu ordinance, as written, which requires the payment of fees upon the recording of the partition produces an additianal hardship in this case by making the homeowner pay to divide the property when the the purpose of doing so may well not be immediate development. The development of the proposed southern parceis may 8 ► - well occur sometime after the land division occurs, as the applicant as owner of the parent parcel may prefer to merely refinance his home and delay development of the vacant land. The control of the timing of the development was one of the major motivations of the applicants initial acquisition of the property. Deferral of the development of the vacant property to reduce the impact of the development on h their hame by the applicant means that the impact is likewise deferred for the City and the justification for the in lieu-of fee, a benefit to the property, is not present. Deferral of any payment to the tirne that development occurs would eliminate this�rdship. Elimination of the in lieu of fee for undergrounding can be justified in this circumstance as well as resuh of the applicants location on a street, 92°� Ave., that, in spite of the subject property's annexation to the City, remains almost entirely in County jurisdiction and therefore not subject to City requirements related to undergrounding. This means the that fundamental assumption that underlies that frontage based formula for collecting these fees, that it ultimately bestows benefit equal to the charge on the subject property, is very unlikely to operate in this case. The inequity of this circucnstance is furt.her iltustxated by the fact that the applicant cannot, in any cost effective manner, because of his location on this street, under a literal interpretation of the ordinance, assure himself of some benefit from the undergrounding ordinance by actually undergrounding the utilities on his newly developed vacant land but must pay the lieu of fee for the frontage. Comparative developers on streets within sole City jurisdiction are allowed the alternative of undegaunding instead of paying the fee tha.t is not practically available to the applicants. The applicant feels that the imposition of the undergrounding requirements on his propsoal is at variance with the needs of the neighborhoad and the city. The ordinance applied to his circumstance works to prevent the development of single farru�y homes with norrr�al frontage by an adjoining homeowner. Without action to reduce the hardship produced by the literal interpretation of the ordinance even the increase in density that is being allowed in the area as a result of the new planning is not adequate cover the costs involved with development inside the city as compared to the county. That being said the applicazrt aclalowledges that in the circumstances invohring most types of development, including an infill 8ag lot, the staff s interpretation of tt�e ordinance may resuh in an equitable assessment with an appropriate payment to the undergrounding fund. But in this situation the hardship created by the "double frontage" situation will certainly and unfairly unpinge on the new infill development the applicants propose. This is a result entirely contrary to the benefrts the applicants sought and hoped to provide when they annexed thea property to the City. CONCLUSION Approval of this application will create a relatively unique in-fill parcels could provide new single facnily home sites with full street frontage. The approval sought will also reestablish a lot size appropriate for the pre-existing homesite on the parent parcel. 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" � j� �t{SH ��atio(�vN�l pj•paiiuirai�Nn:s�i"�isei C3EING A PORTION OF I.OTS 1 & 8, F31 OCK "I)", , iji*2tlAp](19tl5) •p�•pDC11MfNi Nu 96lkiNFl19 SW LEHMAN STRFE:T (COUNTY ROAD N0. 850) (fi0� R/VI� ��Rq��q�fl� '!)`+'DOCUMfNf N0 960GBR78 "Lf:HMAN ACRE TRACT" /.- f!i�SN 1l72V(19/71 '1)fi"IIOf'UMPNI Ni).y5U8770h n� (f�"Lh1iMAN Af:if ancr��ene) •i��•uncuM�Nr Nu.ntxi��eu IN THF SE 1�4 Of� $ECTION 26, T1S, R1W, WM, '� � ^(I •un•uoeuMi:Nr Nn_n�mnnoa /` �+`" 'na•ornuraeNi ao.n�a.+�9s WAiHINGinN COUNTY, ORFCON 4 "' -( � ' �� DIO�UOCUMCNI NO.830355P1 ,� �DI7"()f1CI1MENf NO NW1441} N+E I�V _ •oii UO(:U�FN1 NP.A7MI)160 SIIRVFYEU MAY 14, 1999 (��H��n n�,.ui'(!�{as oo� ( - NH9 tli.i�'�',9f1(11' II 41�.t)) � �I)I Y Ij(1(IK �Ifi%,pAl.F fiHn , , I .\ •„�< �,�,�K 45A,I'A(F Hqn��y��, p�SCRIPTI0N5 OF FOUND MONUMEN7S :il/.(10' ?-' DOCUI#NT NO.tl.50355M1 ' � � � !Q h• ��y, �L�qp � I (�)�l)IINI)'�/P"IR�)N Nf.IInR.MI:N1,til1NVFVFII HFNU 0.5'BF'It)W[:ROIINI), SF-I iN S'N il/'J!1. , :r�;,�I� Q � I I<�t:n�Vl�NH47'+'�;1"I' S.`.�I'Lk�)M I11� I�SI k�W IINF 9� SW 97N�AVEN�IF Il' �� .°-i"' � � I UTILITY INFQRMATION (�{)�WNU ti�N'IR(N�NEHnR,�4'P/'I OW CitOIIND,�E1 IN SN iJ779.I.U(:A1F.0 Nfl9'1U'iti"�. 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(�1�F1D �.i NP97n91F 9991" h �a .�H.,t f W �� `�� N3��a'� � n�, �° / iN�'in AIIIN. �,k�UNI) i.l'IN SN 7l3��,NI"II)F(M TIF Nw ORNfR(1f 1Hf LAND f1FSfRIPk'I Nl ., E (� (1.� Il<)(.111�11 N I N(1 y>fNI:.SftA \ ." 7l )'W By v1 I§00!) . ..4. '.� '� ' N-5 - I (K)hl�f 0 ��"E� 1M�01�4(:1~F�� Ff .� Z�^ � (L)f UIINU 5/B'IFON R(_yAF N1111 1'ElU1W f`LAS III;CAP IN;iCRIHf'U 'i^4Po5 N AtiS(1C f ., '6� � NHY"!9)1�F tMlift� _ i fI.I15H.Sf-f IN SN 25711,lIR'��Y({('tiINE '�W l-��RNIK t) ��il.I�l) �F-r,Hl�F N f� .,IM N��Nn� 'iFU- F� (�7�NR�'.5Yf10'�. i�N1.1�;) '�� inn�7'iNe .,� � .� �`� ,��AH��,��,��N�S .�� a LEGEND � ,� -�I i...._.�1 - PAR('.E4 3.AREA:3]59.3 S�.FT. .. . �,� 0� k .. � �. a� t�) �i 1. IilS�:f`II'f10NS nF �Oi iNU b10NUMfNTS .� (� �. M()NIIMFNI I.OIINI� �': ti�I�WN I 'r' } ' NN'1S 1 2eCN: � �' �'m ( ) : Rf'.CORU MF.ASUF2EMFNf � 3 �,u• ux i.or aooi � �.3 � �i _ 70TAL AIlFA: 15619.t Sq tt I��II ,N � � E1�50': HL.I.I) RECC)Rf) SURVEY Mf��ASUHkMI.N( '' T �� 1d.� �"I m,�; ... PARCEL�3.I1REA'3758.3SO.FL r' � ' $N ' SURVFY NUMBF"R, WASHINCT(NJ COIINT7 S11RVf Y R[CORD`,i � . q�`: O�NNER i � � I� � � .��,'�� '� ._ �a�vr �eu�er �' " Nei%>o5t:n � � �� "UI"50': HFJ.0 RI:(:fNiU DCICI) MEASURCMf'NI ....�� . �r.w�� w vi n�r�i.0 �ntint�s a+n Nn. w � 4'ICIIAIN IINK� �p.y'y�p�„7 fFNCI (F. LD � ��,� ` � IZ�W . f21C�lll-C)�-WAV � ... . .. . ..'_" y :�� xH� W70uAt.1. . . (.�EI� (!f, ) �f N la�7p HrZ I () �^ �. wA'lll! vALVF ...._ . � SKA'.5:5'Ot"W.1tN)IP• �y I � 0<N'UMlNT NO. 1°AQ'.Sl'011'W 10(1'"� �. iS10 1� 1•� �. . �; . WAITR MFt}.f2 A9 . _. ....� _ __......_ _._ i..I� .. , . iCWFIt AIANi101F I �� I" ". �� '^ �i : UI111fY POL�� (Pf') I ;,� v�� ' � � : oranuais raFi� W � f SITE ADDRESS � � � I� I �I��vv� �. ..x 9A9�i';W V/VU�VI N�i� IXxUNENI N0.ABOeA"/'L2 6� � � � V �� ,. �. FlRC IIYUkANT C, rnen_ANf+. nl?u„"�t I ' � � ' Q,� �I I II i > : AtipI�IAI f "' � � ��,� , I � cvNr.H��_rr iCAI_E. 1'��-'3Q� ' •' � :! h� c�>N,rn,�1 coN rouH w�rEHVA� �' � I � 1' CONIUUR RECISTERED I ' I � �� : WAIIR IINF_ �ROFESSIONAL � � �,,u� I � � ^�'� � OVFRHf AU SFRVICf_ 1 Mf�; UNO SURVEYOR (Or1F1U� I �I ' � MAW LINF�, SANIIAkY 'iF�.Wl�k �Af1 SCAI E ��dZ-/" \:e 'i �-�--�-- -�--' - . . . CUI Vf:HI PIPk / i rHa�osr u wn iF H i iHr i0'70't(1' 0' 30' „kr�o I .. �� .(Y ?.Kfr� � I' '' 't^ "." � _'. ___._'_..._ J111Y /ti. tBA3 . J�1'I k� �� I�, _.. . . . . _ � i�d - - - - -� ; F'RCN'�)SF.D M1� SANITAFtY Si.N7 f( RORERT ALIN 1(1HNSON I ��, z»s . - � . ._ : FR(.�PU:,Fll `�fORM bIlAM PIf4 E%PIRES 8/30/9A ��`+'Mktr ---qp� . - : fkOV'l1tifA UN11Fh'CROUND U1111�11[S FIIONh�, I`iJWV1, CnNIF1 sw cokn� srRF��r �sa' Fz/w) ��t�� ' � ��, � � � Of� VI�NCf. "'" """ `�"`F JOHNSON_LAND SURVEYING _______ . 'I,�,��ItfY IINF ...._ ._.. , ,�� . ,. � ,. I 150q h'W GRP;F�1'f�(�RG hl), TIf.ARA OH J7:,'23 (.il):t1 H:i!) 79(!7, 1'�1Cf'N IiU31 907 li0ii;_' CITY OF TIGARD PRE—APPLICATION CONFERENCE NOTES ��n�ao.�� Cornmurt�ty�DeveCopntertf (Pre-Application Meetin Notes are Yalid for Siz (6) Months) sr�P"'9��t�'c°m,�u,�t� RESIDENTIAL PAE-APP.M1G DAIE: �� O SiAfF Ai PA6APP � �_ APPLICANT: _._.� e�e /"t'�^ AGENT: �� 7, ��rc Phone: ( Phone: � 6 z y— D`Tl 7 PROPERTY LOCATION: /� ADDRESS/GENERAL LOCATION: _ � -5�� lT�K'�� ____ TAX MAP(S)/LOT #(S): 1S1 Z�s UC `�.. .3�'1 __ ____ NECESSQRY APPLICATIONS: ��wr LG 7L to✓t �0 55�f .�q`�rvr��' �P d'�.al �' re � f�j..��we•1� PROPOSAL DESCRIPTION: �vi �- cr' e 1��b T�O COMPREHENSIVE PLAN -�( .,� I MAP DESIGNATION: t,c� Iti ! St�P�l�a 1 ZONING MAP DESIGNATION: ��• S CITIZEN INVOLVEMENT TEAM (C.I.T.) AREA: QS� - ��O , � w►�H�r•�u� jr a � ,- 1 i f� ��P�eK �v ZONING UISTRICT OIME EN Refer to Code Section 18. .�l D l� 5��• '�' 7 / INIMUM LOT SIZE:�s�q. ft. Average Min. lot width:�ft. Max. building height: 3� ft. Setdacks: Front� ft. Side� ft. Rear��ft. Corner� ft. from s eet. MAXIMUM SITE CUVERAGE: �% Minimum landscaped or natural vegetation area:�%. NEIGHBORHOOD MEETING [Refer to the Neighborhood Meeting Nandaut] L�THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE y\O� APPROPRIATE CIT FACILITATOR, AND THE MEMBERS OF ANY LAND USE �qu�� SUBCOMMITTEE(S) 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 �1, posting and the meeting notice. Meeting is to be held prior to submittinq vour a�plication or the ��jO�5 abplication 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. qPf OF iIGARO Pre-Appliation Conference Notes Page I o(10 lrudaiW ApplKnwn/Pl�n�amw kaan � NARRATIVE [Refer to Code Chapte. .s.390) T 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 th de for applicable criteria. �� IMPACT STUOY efer ta Code Sections 18.390.040 and 18.390.0501 As rt of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE PACT 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 minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not oughly proportional to the projected impacts of the development. ACCESS [Refer to Chapters 18.T05 and 18.765] -��' °`'�� °`^ �'�" `�wel��s �. / Minimum number of accesses: 2 Minimum access width: .s Maximum access width: .. Minimum pavement width: f� WALKINAY REQUIREMENTS [Reter to Code Chapter 18.7051 N//y Within all ATTACHED HOUSING (except two-familv dwellina�) and multi-family developments, each t-� residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING AREA, COMMON OPEN SPACE AND RECREATION FACILITIES. RESIOENTIAL DENSITY CALCULATION [Refer to Code Chapter 18.1151-SEE E?(AMPLE BELOW. The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net area of the developable land by the 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 includinp: ` i ➢ Land within the 100-year floodplain; , 3�j uc�"C'- = / � �$�, �1�-- ➢ Slopes exceeding 25°/a; � ' �+�, ➢ Drainageways; and 7 s�� ot ➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. S l l e Public right-of-way dedication: — Z�� '"�X ➢ Single-family allocate 20% of gross acres for public facilities; or �we � "�,� ��i�S ➢ Multi-family allocate 15% of gross acres for public facilities; or ➢ If available, the actual public facility square footage can be used for deduction. EXAMPLE Of RESIDENTIAL DENSITY CQLCUlATIONS: EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS 2, 0'4 x go90 Single-Family Mulu-family = � 67 �,,� 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. ft115%�for public right'bf-ay' � NET: 34,848 square feet NET: 37,026 square feet li��/'' — 3.050(minimum lot area) - 3.050(minimum lot area) _ . nits er cre = . mts er cre �ihe Oevelapment Code reQUires that the net site area exist for the next wtiele dwelling uniL NO ROUNOIN6 UP IS PERMtiTEU. *Minimum Prolect Oensity is 609G ef the maximum allowed density.TO OETERMINE THIS STANUARO,MULnPIY iHE MA1(IMUM MUMBER OF UNRS BY.B. qiY OF TIGARD Pre-Appliation(onference Notes Page 2 of 10 tefdt�wl Applw�wnRlmnM�Domaa Senian � �� f SPECIAL SETBACKS efer to Cadc� c � n 18.7301 ➢ ST ETS: feet from the centerline of ➢ G LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures. Y 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 lot lines. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. [See applicable zoning district for the primary structures'setback requirements.l F1AG LOT BUILOING HEIGHT PROVISIONS [Refer to Cade Chapter 18.1301 MAXIMUM HEIGHT OF 1'/z STORIES or 25 feet, whichever is less in most zones; 2'/z stories, or 35 _�eet-.' - R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are - ---- satisfied. BUFFERING QND SCREENIN Refer to Code Chapter 18.745) In order T REASE �'RIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE AL 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. �d o'`� The ESTIMATED REQUIRED BUFFER WIDTHS a�plicable to your proposal area are� S but� L � (ol r 5� �(L_feet along north boundary. � feet along east boundary. P � �Q, � feet along south boundary. /• feet along west boundary. � ��I ADDITION, SµG!T O Sel�ftlNG SCREENING�I$j��QU�ED �LONG: �� '`l .1 ` �� I y � �r-'j, 7�e� � rd 6 �� reQ �v�� °` LANOSCAPING efer to Code Chapters 18.745,18.765 and 18.7051 STR TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR IVATE 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 t�ees 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. RECYCLING [Refer to Code Chapter 18.1551 Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such '�l as at the intersection of two (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. � QTY Of TIGARD Pre-Applia[ion fonferenct Notes P�ge 3 0(IQ �tsde.�d Appk��a�mn.e�om�w ka�on PARKING [Referto Code Chapters .�.165 a18.1051 LL PA ND DRIVEWAYS MUST BE PAVED. Y ingle-family.... ...... Requires: One 1 off-street parking space per dwelling unit; and One �1� space per unit less than 500 square feet. ➢ ultiple-family.........Requires: 1.25 spaces per unit for 1 bedroom; 1.5 spaces per unit for 2 bedrooms; and 1.75 spaces per unit for 3 bedrooms. Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. Parking stalls shall be dimensioned as follows: ➢ Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches. ➢ Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches. ➢ Handicapped parking: All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. -A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. BICYCLE RACKS [Refer to Code Section 18.7651 BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL N � DEVELOPMENTS. Bicycle racks shall be located in areas protected f�om automobile traffic and in convenient locations. SENSITIVE LANDS [Refer to Code Chapter 18.T151 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 preciselx identify sensitive land areas and their boundaries is the responsibility 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 Sec6on 18.715.080.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 i r achieving the requirements of Section 18.775.080.C. UNIFIEO SEWERAGE AGENCY(USA]BUFFER STANOAROS [R er to R�0 96-44/USA Regulations-Chapter 3) LAND DEVELOPMENT ADJACENT TO SEN IVE AREAS shall presenre and maintain or create a uffer wid to protect the water quality functioning of the sensitive NP area. Q�� Design Criteria: O �l��e The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table ��-rP� identifies the required widths: GTY OF TIGARD Pre-Appliwtion Con(erence Notes Page 4 0(10 Rnidemid Application/Pltnnint Dnnion knioa � T�_ _E 3.1 VEGETATED CORRIDOR W. .HS SOURCE: USA DESIGN AND CONSTRUCTION STANDARDS MANUAURESOLUTION 8� ORDER 96-44 SLOPE ADJACENT WIDTH OF VEGETATED SENSITIVE AREA DEFINITION TO SENS(TIVE AREA� CORRIDOR PER SIDES • 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% 30 feet ► 10 to <50 acres � >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 to of ravineb Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs, located a minimum of 15 feet withi�the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. SVegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition. 6The vegetated corridor extends 35 feet f�om 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 Vegetate Corridor: NO structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, excepf as provided for in 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. USA Service Provider Letter: PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a USA 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, USA must still issue a letter stating a USA Service Provider Letter is not required. SIGNS tRefer to Code Chapter 18.7801 SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of � ]� Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or ft height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for Director's review. TREE REMOVAL PIAN REQUIREMENTS [Refer to Code Section 18.190.030.CJ � A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a certified arborist shall be provided for a�y lot, parcel or cornbination of lots or parcels for which a development application fo� a subdivision, partition, site development review, planned development, • or conditional use is flled. Protection is preferred over removal where possible. qiY OF TIGARD Pre-Appliwtion Conieren<e Notes Page 5 of 10 lesdeawl AppliutioaRl�n�ia�Orvnca k<tan THE TREE PLAN SHAL� .�JCLUDE the following: ➢ Identification of the location, size and species of all existing trees including trees designated as significant by the City; Y Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according to the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: ♦ Retainage of less than 25% of existing trees over 12 inches 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 �equires 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. MITIGATION [Refer to Code Section 18.190.060.E] REPLACEMENT OF A TREE shall take place according to the following guidelines: y 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. Cl YISION AREA [ r to Code Chapter 18.195] Th requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND IGHT (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 streeYs functional classification and any existing obstructions within the clear vision area. CIi10(TIGARD Pre-Appliauon(onferenu Notes Page 6 of 10 �,r�.�d,�,�b,mi,�a�om,�kaN, WATER RESOURCES OVERLAY DISTRICT [Refer ta Code Section 18.191.0301 The WATER RESOURCES (WR) OVERLAY DISTRICT implements the policies of the Tigard Comprehensive Plan and is intended to resolve conflicts between development and conservation of significant wetlands, streams and riparian corridors identified in the City of Tigard Local Wetlands Inventory. Specifically, this chapter allows reasonable economic use of property while establishing clear and objective standards to: protect significant wetlands and streams; limit development in designated riparian corridors; mai�tain and enhance water quality; maximize flood storage capacity; preserve native plant cover; minimize streambank erosion; maintain and enhance fish and wildlife habitats; and conserve scenic, recreational and educational values of water resource areas. Safe Harbor: The WR OVERLAY DISTRICT ALSO MEETS THE REQUIREMENTS OF STATEWIDE PLANNING GOAL 5 (Natural Resources) and the "safe harbo�" provisions of the Goal 5 administrative rule (OAR 660, Division 23). These provisions require that "significanY' wetlands and riparian corridors be mapped and protected. The Tualatin River, which is also a "fish-bearing stream," has an average annual flow of more than 1000 cfs. Ma1or Streams: Streams which are mapped as "FISH-BEARING STREAMS" by the Oregon Depa�tment of Forestry and have an average annual flow less than 1000 cubic feet per second (cfs). � Major streams in Tigard include FANNO CREEK, ASH CREEK (EXCEPT THE NORTH FORK AND OTHER TRIBUTARY CREEKS)AND BALL CREEK. Minor Streams: Streams which are NOT "FISH-BEARING STREAMS" according to Oregon Department of Forestry maps . Minor streams in Tigard include Summer Creek, Derry Dell Creek, Red Rock Creek, North Fork of Ash Creek and ce�tain short tributaries of the Tualatin River. Riparian Setback Area: This AREA IS MEASURED HORIZONTALLY FROM AND PARALLEL TO MAJOR STREAM OR TUALATIN RIVER T�P-OF-BANKS, OR THE EDGE OF AN ASSOCIATED WETLAND, whichever is greater. The riparian setback is the same as the "riparian corridor boundary" in OAR 660-23- 090(1}(d). ➢ The standard TUALATIN RIVER RIPARIAN SETBACK IS 75 FEET, unless modified in accordance with this chapter. ➢ The MAJOR STREAMS RIPARIAN SETBACK IS 50 FEET, unless modified in accordance with this chapter. ➢ ISOLATED WETLANDS AND MINOR STREAMS (including adjacent wetlands) have no riparian setback; however, a 25-foot °water quality bu�fer" is required under Unified Sewerage Agency (USA) standards adopted and administered by the City of Tigard. RIPARIAN SETBACK REDUCTIONS [Refer ta Code Section 18.191.1001 The DIRECTOR MAY APPROVE A SITE-SPECIFIC REDUCTION OF THE TUALATIN RIVER OR ANY MAJOR STREAM RIPARIAN SETBACK BY AS MUCH AS 50% to allow the placement of structures or impervious surfaces otherwise prohibited by this chapter, provided that equal or better protection for identified major stream resources is ensured through streambank restoration and/or enhancement of riparian vegetation in preserved portions of the riparian setback area. Eligibility for Riparian Setback in Disturbed Areas. TO BE ELIGIBLE FOR A RIPARIAN SETBACK REDUCTION, the applicant must demonstrate that tf�e riparian corridor was substantially disturbed at the time this regulatio� was adopted. This determination must be based on the Vegetation Study required by Section 18.797.100 that demonstrates all of the following: ➢ Native plant species currently cover less than 80% of the on-site riparian corridor area; r The tree canopy currently covers less than 50% of the on-site riparian corridor and healthy trees have not been removed from the on-site riparian setback area for the last five years; y That vegetation was not removed contrary to the provisions of Section 18.797.100 regulating removal of native plant species; UiY OF (IGARD Pre-Applindon Conierence Notes Page l o(10 �daud ApplKnwn/Plinant Dnn�on knan ➢ That there will b� ..� infringement into the 100-year flood�,.,,n; and ➢ The average slo e of the ri arian area is not greater than 20%. ,. fU�U EET PLAN ANO E)(TENSION Of STREETS [Re o Code Section 18.810.030.fJ A FUTURE STR y Be filed by the applicant in conjunction with an application for a subdivision or pa�tition. 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 OIMENSIONAL 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%z 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 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. ��r e. � ,�„e CODE CHAPTERS �. � � I H.33O([ondiuonal Use) �8.61�(Ggud Tnanglt Design Snnduds) / I H.I6S(Ott-Sveet PukinglLo�dmg IkQuiremeno) � �8.34�(arector'i Interpre�6on) 630�wun��s�uue&gional(enacr) �8.7�5(Smsiore t�nds kriew) I 8.350{r��d o��q I 8.705 p►��ao�� 18.780��:� _ _ �8.36�(Srte Development kriew) 11 O(+k«ssory Rrsid��o�l unin) �8.785(femporuy Uu Permia) ? 18310 ��a/ad�:a��a 18.715 �.790 (Y � ) (Densiry ca,qutioons) (Tree kmovaq I 8.380��g n�R�.��d�� —�I 8.1�0�u�c«�iubiMq Standuds) I8.195�riw�l Ck�nnce Areu) � �8.385(M�sctUantaus Permits) �/ ��S(Enwronment�l Perlartunct Shnduds� I 8. .97�w�u��«s�wa�a��o�u�� H.39O(Decision Miking Procedurzs/Imp�d Study) v 10.�30(Ezapbons To Derebpment Snnda�ds) g.19a�rtkss Conmuniouon haliUes) �8.4��(lot Lne Adjustments) I 8J40�H�s��a��y� I 8.810(So�c a uouq b„provcmcnt Shnduds) — �8.42�(l�nd Parouans) �.�4�(Nane Occup�uan Permin) _� I E.43O(Subdinvons) I B.�4S(l�ndsc�ping 6 kreening itinduds) _—_ �8.5(�(Residenoil Ionmg Districts) I S.�SO(M�nufumrcd/Mobil Home Regul�oons) _--__ �8.52�((ommeru�l lonmg Districts� - - �8.�55(MiKed Sol�d WutdRerycling Stongc) I S.S3O(Indusm�l lonmg Disoico) I8.�6O�Nonconlomwng S�tuaoans) [IT10F TIGARD Pre-ApplicaGon fonference Notes Page 8 of 10 li�dem�d Applwiae/PWwe�Umsoe kaw� � • ADDIT ONAL CONCERNS OR C MMEn�:� �c^ Gt� Gt �M. � �ll� P lZ7Cl ( — �.t —' tC� �t � Qvi �1.� w�PN. P (te wiPN �'X� 4, C _ PROCEDURE Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: A�plications submitted by mail or dropped off at the counte�without Planning Division acceptance may be �eturned. The Planning counter closes at 4:00 PM. Maps submitted with an a�plication shall be folded IN ADVANCE to 8.5 by 11 inches. One (11, 8Y�" x 11" map of a proposed project should be submitted for attachment to the staff �eaort or administrative decision. Application with unfolded maps shall not be accepted. The Planning Division and Engineering Department will perform a preliminary review of the application and will determine whether an application is complete within 30 days of the counter submittal. Staff will notify the applicant if additional information or additional copies of the submitted materials ar.e required. GTT OF TIGARD Pre-Appliation Con(erena Notes Page 9 of 10 ksde.wl Appl�u�an/Mu�w�ownae kawn , • The administrative decis�.,,� or public hearing wiil typically occur aN�roximately 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 riod�follows all land use decisions. An appeal on this matter would be heard by the Tigard � � F�i`�c . A basic flow chart which illustrates the review process is avail le 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. SUBDIYISION PLAT NAME RESERYATION [County Surveyor's Office: 503-648-88841 PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard, applicants a�e re uired to complete and flle 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. � BUILDING 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 City's policy is to apply those system development credits to the first buildinc�permit issued in the development (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). PLEASE NOTE: The conference and notes cannot cover all fode requirements and aspects related to site planning that should apply to the development of your site plan.. Failure of the staff to provide information reguired by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a .prospective. applicant either obtain and read the Communit Develo ment Code or ask an uestions of Ci staff relative to Code re uirements rior to submittin an a lication. 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: _ L'V��^_ Y(X� _ CITY OF TIGARD PIANNING DIYISIO - STAFF PERSON NOLDING PRE-APP. MEETING PHONE= (503) 639-4111 FAX: (503) 684-7297 E-MAIL (s�a(�s(r�s�ameJ C�d.tigard.or.us TITLE 18(CITY OF TIGARD'S(OMMUNITY DEVELOPMENT CODE)INTERNET ADORESS: ci.[igard.or.US H:�patty\masters\Pre-App Notes Residenual.doc Updated: 18-Jan-2001 (Engineenng section:preapp.en� CITI'Of TIGARD Pre-Appliatioa Conlerence Nates Page 10 a(10 4sdatul Applic�ooalM�nan�Di.u�oa kaiw � , CITY OF TIGARD LAND USE APPLICATION CHECKLIST Please read this form carefully in conjunction with the notes provided to you at the pre- aQalication conference. This checklist identifies what is required for submittal of a complete land use application. Once an application is deemed complete by Community Development staff, a decision may be issued within 6-8 weeks. If you have additional questions after reviewing all of the information provided to you, please contact the staff pe�son named below at the City of Tigard Planning Division, (503) 639-4171. � ��z $�� Staff: P �v� u� Date: 1. BASIC INFORMATION �LL LAND USE APPLICATIONS REQUIRE THE FOLLOWING: � Completed Application Form with property owner's signatu�e or name of agent and letter of authorization � Title transfer instrument or grant deed � Written summary of proposal � Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) � Two (2) sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject property. Mailing envelopes shaA be standard legal-size (#10), addressed with 1" x 4" labels (see envelope submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (see request for 500' property owner mailing list form). � Documentary evidence of neighborhood meeting (if required) � Impact Study per Section 18.390.040.6.2.(e) � Copy of the Pre-Application Conference notes � Filing Fee 2. PLANS REQUIRED In addition to the above basic information, each type of land use application will require one or more of the following maps or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (Section 5 of this checklist provides details on what information to include on each plan): ❑ Vicinity Map ❑ Preliminary Grading/Erosion Control Plan ❑ Existing Conditions Map ❑ Preliminary Utilities Plan ❑ Subdivision Preliminary Plat Map ❑ Preliminary Storm D�ainage Plan ❑ Preliminary Partition/Lot Line Adjustment Plan ❑ Tree Preservation/Mitigation Plan ❑ Site Development Plan ❑ Architectural Drawings ❑ Landscape Plan ❑ Sign Orawings ❑ Public Improvements/Streets Plan 3. NUMBER OF CORIES REQUIRED The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR�AN APPLICATION SUCH AS YOU ARE PROPOSING THE CITY REQUIRES �_ COPIES OF ALL APPLICATION MATERIALS. City of Tigard Land Use Application Checklist Page 1 of 5 ` 4. SPECIAL STUDIES AI._ REPORTS Because of the nature of your project and/or the site you propose to develop, THE FOLLOWING ADDITIONAL STUDIES WILL BE REQUIRED. These studies must be prepared by certified professionals with experience in the appropriate field: ❑ T�a�c Study ❑ Local Streets Traffic Study ❑ Wetlands/Stream Corridor Delineation and Report ❑ Habitat Area Evaluation ❑ Storm Drainage System Downstream Analysis ❑ Preliminary Sizing Calculations for Proposed Water Quality and/or Detention Facility ❑ Geotechnical Repo�t ❑ Other 5. PREPARING PLANS AND MAPS � Plans and maps should be prepared at an engineering scale (1" = 10/20/50/100/200') and include a north arrow, legend and date. The same scale should be used for all your plans. Where possible the City prefers the use of a scale that allows a site plan or subdivision plat to be shown on a single sheet. Architectural �drawings may be prepared at an architectural scale. One copy of each plan must be submitted in photo-ready 8%Z x 11 format. THE FOLLOWING IS A LIST OF REQUIRED INFORMATIOfV FOR EACH TYPE OF PLAN (If the plans you submit do not include all of the information requested because you feel it is not applicable, please indicate this and provide a brief explanation). Vicinity Map � Showing the location of the site in relation to: . Adjacent properties ❑ • Surrounding street system including nearby intersections ❑ • Pedestrian ways and bikeways ❑ • Transit stops ❑ • Utility access ❑ Existing Conditions Map � Parcel boundaries, dimensions and gross area ❑ � Contour lines (2'intervals for 0-10%slopes or 5'for slopes >10%) ❑ � Drainage patterns and courses on the site and on adjacent lands ❑ � Potential natural hazard areas including: • Floodplain areas ❑ • Areas having a high seasonal water table within 24"of the surface for three or more weeks of the year ❑ • Slopes in excess of 25% ❑ • Unstable g�ound ❑ • Areas with severe soil erosion potential ❑ . Areas having severely weak foundation soils ❑ • Locations of�esource areas including: • Wildlife habitat areas identified in the Comprehensive Plan ❑ • Wetlands ❑ � Other site features: . Rock outcroppings ❑ • Trees with >_6"caliper measured 4'from ground level ❑ � Location and type of noise sources Q � Locations of existing structures and their uses � Locations of exisXing utilities and easements ❑ City of Tigard La�d Use Application Checklist Page 2 of 5 ` � Locations of existing dedicated i,,.�t-of-ways [) Subdivision P�eliminary Plat Map � The proposed name of the subdivision � � Vicinity map showing property's relationship to arterial and collector streets (] � Names, addresses and telephone numbers of the owner, developer,engineer surveyor and designer�as aPpiicabie) � � Scale, north arrow and date � � Boundary lines of tract to be subdivided � Names of adjacent subdivisions or names of recorded owners of adjoining parcels of un-subdivided land � � Contour lines related to a City-established benchmark at 2' intervals for 0-10% grades and 5' intervals for grades greater than 10% ❑ � The purpose, location, type and size of all of the following (within and adjacent to the proposed subdivision): . Public and private right-of-ways and easements ❑ • Public and private sanitary and storm sewer lines ❑ • Domestic water mains including fire hydrants ❑ . Major power telephone transmission lines (50,000 volts or greater) ❑ • Watercourses ❑ • Deed reservations for parks, open spaces, pathways and other land encumbrances ❑ • The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground Isvel � • The location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting ❑ � Supplemental information including: . Proposed deed restrictions (if any) ❑ . A proposed plan for provision of subdivision improvements ❑ � Existing natural features including rock outcroppings,wetlands and marsh areas � The proposed lot configu�ations, lot sizes and�imensions, and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots ❑ � If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application materials ❑ Preliminary PartitionlLot Line Adjustment Plan � The owner of the subject parcel ❑ � The owner's authorized agent ❑ � The map scale, north arrow and date ❑ � Proposed property lines ❑ � Description of parcel location and boundaries ❑ � Contour lines (2' intervals for slopes 0-10°/a or 5'for slopes >10%) ❑ � Location, width and names of streets, easements and other public ways within and adjacent to the parcel ❑ � Location of all permanent buildings on and within 25`of all property lines ❑ � Location and width of all water courses ❑ � Location of any trees with 6"or greater calipe�at 4'above grou�d level ❑ � All slopes greater than 25°/o ❑ � Location of existing a�d proposed utilities and utility easements ❑ � Any applicable deed restrictions ❑ � Evidence that land partition will not preclude efficient future land division where applicable ❑ � Futu�e street extension plan showing existing and potential street connections ❑ City of Tigard Land Use Application Checklist Page 3 of 5 ' Site Development Plan � The proposed site and surrounding properties � � Contour line intervals � � The locations, dimensions and proposed names of the following: . Existing and platted streets and othe�public ways � • Easements on the site and on adjoining properties [] . Proposed streets or other public ways and easements on the site � • Alternative routes of dead-end or proposed streets that require future extensions � � The locations and dimensions of the following: • Entrances and exits on the site � . Parking and circulation areas ❑ . Loading and seroice areas ❑ . Pedestrian and bicycle circulation � • Outdoor common areas ❑ • Above ground utilities ❑ • Trash and recyclable material areas , ❑ � The locations, dimensions and setback distances of the following: • Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25'of the site ❑ • Proposed structures, improvements, utilities and easements on the site ❑ • Sanitary sewer facilities ❑ . Existing or proposed sewer reimbursement agreements ❑ . Storm drainage facilities and analysis of downstream conditions ❑ � Locations and type(s)of outdoor lighting considering crime prevention techniques ❑ � The locations of the following: • All areas to be landscaped ❑ • Mailboxes ❑ • Structures and their orientation ❑ Landscape Plan � Location of trees to be removed ❑ � Location, size and species of existing plant materials ❑ � General location, size and species of proposed plan materials ❑ � Landscape narrative that addresses: . Soil conditions and how plant selections were derived for them ❑ • Plans for soil treatment such as stockpiling the top soil ❑ • Erosion control measures that will be used ❑ � Location and description of the irrigation system where applicable ❑ � Location and size of fences, buffer areas and screening ❑ � Location of terraces, decks, shelters, play areas, and common open spaces ❑ Public Improvements/Streets Plan � Proposed right-of-way locations and widths ❑ � A scaled cross-section of all proposed streets plus any reserve strips ❑ � Approximate centerline profles showing the finished grade of all streets including street extensions for a reasonable distance beyond the timits of the proposed subdivision ❑ City of Tigard Land Use Application Checklist Page 4 of 5 Grading/Erosion Controi Pla„ � The locations and extent to which grading will take place � � Existing and proposed contour lines � � Slope ratios ❑ Utilities Plan � Approximate plan and profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated on the plans ❑ � Plan of the proposed water distribution system, showing pipe sizes and the locations of valves and fire hydrants ❑ Preliminary Storm Drainage Plan � The location of all areas subject to inundation or storm water overflow ❑ � Location, width and direction of flow of all water courses and drainageways ❑ � Location and estimated size of proposed storm drainage lines ❑ � Where applicable, location and estimated size and dimensions of proposed water quality/detention facility � Tree Preservation/Mitigation Plan � Identification of the location, size and species of all existing trees ❑ � Program to save existing trees or mitigate tree removal (Section 18.790.030) ❑ � A protection program defining standards and methods to be used during and after construction ❑ Architectural Drawings � Floor plans indicating the square footage of all structures and their proposed use ❑ � Elevation drawings for each elevation of the structure ❑ Sign Drawings � Specify proposed location, size and height ❑ i:\;curpinunas ters�revised\checklist_doc 5-Jun-0O City of Tigard La�d Use Application Checklist Page 5 of 5 � � PRE-APPLICATION CONFERENCE N TES ➢ ENGINEERING SECTION Q �'"��,pe'�°'�°� Development Shaping A Better Communit PUBLIC FACILITIES Tex Mep[s): �s�2s oc Tax loasl: 3001 Use i�Ipe: 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 to feet ❑ SW to feet ❑ SW to feet ❑ SW to feet Street improvements: � Half street improvements will be necessary along SW 92nd Avenue, to include: � 16 feet of pavement from centerline to curb � concrete curb � storm sewers and other underground utilities � 5-foot concrete sidewalk � street trees spaced per TDC standards � street signs, traffic control devices, streetlights and a two-year streetlight fee. CRY OF i16AR0 Pr�-Applicatl�n C�berence N�t�s �age 1�f 6 �a..ra��.rard.ns.en•. � Other: The TDC rP�uires that a development have acce�s to an imqroved street. In order � . • ,for this partition to be �rovable, the applicant will need tc �te in their application materials whether they will make the improvements to the roadway now, or opt for an agreement, as allowed for partitions in TDC 18.810.030(5). ❑ 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 ❑ -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 Cti110F TI6ARD Pr�-Appllc'tl�n C�nference N�es Page 2 ef 6 Eni■••hn Nr.ru..cs•en.. ❑ storm sewers and �•her underground utilities ' �❑ -foot concrE._ �idewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: Aqreement far Future Street Improvements: In some cases, where street improvements or other necessary public improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district. The following street improvements may be eligible for such an agreement: (1.) SW 92nd Avenue jAgain, the applicant will need to state clearly in their application as to what they are willing to do. They either must be willing to make improvements to the street fronfage now, or opt for this type of aqreement. The City will not be able to require either as a condition of approval). �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 92nd 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 SW 92nd Avenue. The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to provide a new sewer lateral for the new lot. Prror to the plat being reviewed by the County, fhe applicant wil!need to apply for, and obtain, a Street Opening Permit from the City to provide this lateral. The work does not have to be comp/efed before the p/at is reviewed by the County, but the permit must be obfained. Water Supply: The Tualatin Valley Water District (Phone:(503) 642_1511) 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. CITII OF nCARO Pro-Ilppllc�lee C��t�r�nce Net�s Psge 3 d 6 Ea/Iu.rIN q.�rt�•.t Eun.. 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. Submif a preliminary storm drainage plan for the new lot. 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 applies only to the new lot and is payable upon issuance of a building permit. Other Comments: All proposed sanitary sewer and storm drainage systems shall be designed such that City maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance access roadways may be required if existing or proposed facilities are not otherwise readily accessible. TRAFFIC IMPACT FEES Cti1�f T16ARD rn-Appllc�t�o C�oterence Motes Page 4 d 6 Ea��■Nrlq�•r�rt�.�t s.ew. In 1990, Washington County adopted a county-wide Tra�c Impact Fee (TIF) ordinance. The Traffic �rr�pact Fee program collec �es from new development base n 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 buildinq 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 onl� when the TIF is greater than $5,000.00. Pay TIF for new lot only. PERMITS Engineering Department Permits: Any work within a public right-of-way in the City of Tigard requires a permit from the Engineering Department. There are two types of permits issued by Engineering, as follows: Street Opening Permit (SOP). This permit covers relatively minor work in a public right-of-way or easement, such as sidewalk and driveway installation or repair, and service connections to � main utility lines. This work may involve open trench work within the street. The permittee must submit a plan of the proposed work for review and approval. This type of permit requires a non-refundable $150.00 fee. In certain cases, where City costs may exceed the $150.00 fee, an administrative deposit will be required. In addition, the permittee will be required to post a bond or similar financial security for the work. Compliance Agreement (CAP). This permit covers more extensive work such as main utility line extensions, street improvements, etc. In subdivisions, this type of permit also covers all grading and private utility work. Plans prepared by a registered professional engineer must be submitted for review and approval. This type of permit requires a deposit to be submitted with the construction plans. The amount of the deposit depends upon the overall value of the public improvements. 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, and execute a Developer/Engineer Agreement which will obligate the design engineer to perform the primary inspection of the public improvement construction work. Prior to City acceptance of any permitted work, and prior to release of work assurance bond(s), the work shall be deemed complete and satisfactory by the City in writing. The permittee is responsible for the work until such time written City acceptance of the work is posted. NOTE: If an Engineering Permii is required,the applicant must obtain that permit prior to release of any permits from the Building Diuision. CRY OF TIGARD Pro-Applicatl�n CoM�nce Netes Page 5�f 6 fpl.nrl■�b.arr..nt a•cn.■ Building Division Permits: The f�llowing is a brief ovei..��v of the type of permits issued by _ .a 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. Building Permit (BUP). 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 SUB�IVISIONS 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: � 28 0+ ENGINEERING DE ARTMENT S AFf Phone: (5031639�4171 Fax: [503I6841Z97 i�.leng�brianAtemplates�preap notes-eng.dot cm eF nsaRO rro-aoa�ican.n caaeronce N•ces Page 6 N 6 E.N...m��.nn.•ns�cn.. PRE-APPLICATION C�NFERENCE REQUEST CITY OF TIGARD 13125 SW Hal1 Blvd., Tigard, OR 97223(503) 639-4179 FAX: (503) 684-7297 GENERAL INFORMATION -� FOR STAFF USE ONLY Applicant: �-Q�-; ' ': r .: Address: �� ', � �'1 0 oJ o�(J�-� Phone: Case No.: � (��`�-t�� .,��-'.-�� ' City: � Zip: � ��,�.�d- Receipt No.: "r d � • � -t— _ � � � �� , Application Acc�epted By: Contact Pers�,�o�n� :��J_ f(� 1 • l Phone: _' : ;r�pr(�� 1�� Date: � �i �� `�)� Property Owner/Deed Holder(s): ± s DATE OF PRE-APP.: �,tZ ,� r�� , ��Y�� Gl�.� c' .l�LL�' TIME OF PRE-APP.: t � � � C�� Address: Phone: PRE-APP. HELD WITH: �`��?.��'r l� - �� City: Zlp: Rev.�z/s�2000 i:\curpin\masterslrevised\Pre-App Request.doc Property Address/Location(s): � �S � W"101 u WV�-i I�J ! o�Cp ��C,' b��I REQUIRED SUBMITTAL ELEMENTS (Note: applications will �t be accepted without the required submittal elements) Tax Map & Tax Lot#(s): �, l I , � Pre-Application Conf. Request Form Site Size: _� �-T ,� 2 COPIES EACH OF THE FOLLOWING: � Brief Description of the Proposal and PRE-APPLICATION CONFERENCE INFORMATION � `�-�ny site-specific questions/issues that � �, you would like to have staff research ' ,� prior to the meeting. All of the information identified on this form are required to be submitted by the applicant and received by the Planning Division a � Site Plan. The site plan must show the inimum f n 1 week ri r to ffici II schedulin proposed lots and/or building layouts �re-a�plication conference date/time to allow staff ample time t drawn to scale. Also, show the location of the subject property in relation to the prepare for the meeting. nearest streets; and the locations of �� driveways on the subject property and A pre-application conference can usually be scheduled within 1-2 across the street. weeks of the Planning Division's receipt of the request for either � Tuesday or 1-hursday morninas. Pre-application conferences are LrJ The Proposed Uses. ��e (1) hour lona and are typically held between the hours of �] Topographic Information. Include 9:00-11:00 AM. ` Contour Lines if Possible. If the Pre-Application Conference is for a PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN MONOPOLE project, the applicant must PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM attach a copy of the letter and proof in 8:U0-4:OOlMONDAY-FRIDAY. the form of an affidavit of mailing, that the collocation protocol was completed IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE ( ee Section 18.798.080 of the Tigard PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE �ommunity Development Code). INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM (� Filing Fee$240.00 ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE GROUP. Pre-Apps {CD Meetings) June 2001 , : S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Thursday, June 28, 2001 s:oo 8:30 9:00 Pre-app 9:30 10:00 Pre-App John Gibbon 503-624-0917 9885 SW 92nd Ave./MLP ' 10:30 � �� 11:00 Pre-app Kathy Powell/Remax 503-495-3868 12420/12450 S.W. Knoll/MLP 11:30 ` 12:00 . 12:30 1:00 1:30 2:00 2:30 3:00 3:30 4:00 4:30 5:00 5:30 6:00 10:19AM Monday, June 18, 2001 � CITY OF'TIGARD� OREGON � Diane Parke Community Deve�opment I Permit Technician S^°P�^g A Ba"a��omm�^�N � �� Planning/Engineering p - 13125 SW Hall Blvd.,Tigard,OR 97223 CI1'Y OF TIGARD Voice:(503)639-4171 Fax:(503)598-1960 TDD:(503)684-2772 _ E-mail:dianep@ci.tigazd.or.us QREGON June 18, 2001 Mr. John T. Gibbon Attorney At Law 13425 S.W. 72°d Ave. Tigard, OR 97223 RE: Pre-application conference for 9885 S.W. 92°d Ave. Dear Mr. Gibbon, This letter is to confirm the schedule for the above reference pre-application conference. The conference will be held on Thursday, June 28`h @ 10:00 a.m. to 11:00 a.m. If more than 4 people are expected to attend the conference,please contact our office in advance so that alternate room arrangements can be made to accommodate the group. I have also enclosed a receipt for the payment received for pre-application conference for your records. Should you have any questions prior to the meeting,please contact our office at your con nience. Sincer y, �Q�' � iane C. Parke lanning/Engineering Technician Enclosure Cc: File 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 . 'L- 4� John T. Gibbon, Attorney at Law �sage(503)452-8567 Sole Practitioner P�I(503)708-6708 �PM9htslwyr @aol.com Admitted in Oregon �Washington O F F IC E Precf�cing in Law Off�ces that also contain the firms of John 13425 SW 72nd Ave. Shonkwiler,P.C. &Wm.Hcelscher&Assoc.,P.c.. me TIGARD, OREG�N 97223 ettaneys in these law offices are n�artners and associate Phone(503)624-0917 �by specific agreement with clients. FAX(503)684-5971 EMPHASIZING REAL ESTATE 8� LAND USE LAW June 15, 2001 Richard H. Bewersdorff, Planning Manager 13125 SW Hall Blvd. Tigard, OR 97223 Re: Pr�eapplication Conference for 9885 SW 92"d Ave - Sfeve Perry Dear Mr. Brewersdorff: Enclosed please find a trust check in the amount of$240.00 dollars that my client authorized me to submit to provide for a preapplication conference on this matter. As I am sure you can understand I would request that this conference be structured and staffed in manner so that we can engage in as full and complete a discussion of all the issues in this complicated matter as possible. Unless I hear from you otherwise, I plan to bring all the additional materials in my file to review in order to assure that they, along with the narrative (which I provided solely as evidence of my clients eariier effort to prepare this application) are enough to process the land division request promptly. I feel this, given the city's delay in getting the Washington Square plan adopted is, appropriate in this case. Please let me know when such a conference can be arranged. Sincerely, r �� J�hn T. Gibbon Attorney at Law jtg Enclosure: ' �� '3 cc: file, clients, J. Hendryxx, W. Monahan — • � June 8, 2001 ��,�, John T. Gibbon, Attorney at Law CITY OF TIGARD 13425 SW 72�d Avenue OREGON Tigard, OR 97223 Dear Mr. Gibbon: This is in response to your May 24, 2001 letter regarding the partitioning of the Perry property on SW 92�d Avenue in Tigard. I am sorry for the delay in responding. W have been exceedingly busy. I have reviewed the letter with Jim Hendryx, Director of Community Developent. The letter appears to indicate the need for information so that you and your client can determine how to proceed. The property is now zoned R-4.5 (7,500 square foot lots). When the Washington Square Plan is implemented, the property will carry an R-12 designation (3,050 square foot lots). I assume you know the materials submitted in your letter are not complete for the purposes of p�ocessing an application for a minor land partition. Given that the pre- application conference was held in February of 1999, and so much time has passed, a new pre-application conference will be necessary. The fee for a pre-application conference is $240. An incomplete submittal will only delay approval. As you know, applications must address all criteria. The fee for a minor land partition application is $780. The fee for a variance to the undergrounding provision is $545. If the variance is submitted with the minor land partition, the fee is reduced to 20% of$545, or$109. The fee for a Director's Interpretation is $340. The fee for an appeal of a Director's Interpretation is $250. The fee in-lieu of undergrounding is $27.50 per foot. Benefits and liabilities of choosing a procedure depend on a number of factors, including your clienYs timeframe and the costs of preparing applications, appeals, and the public hearing versus the cost of doing the application as presented in the original pre-application conference. As you know, there is no way to guarantee the outcome under the interpretationlappeal process. This process could take up to 100-120 days depending on the Council calendar. I assume you will weigh the costs with those that will ultimately include the filing and processing of a minor land partition, with or without a variance. The partition will still have to be done, regardless of the path chosen. A minor land partition normally requires 5-6 weeks to process, depending on workloads. Sin �--- �- __ . � `%� Richard H. Bewersdorff Planning Manager I:lcurpinldickUettersUohn Gibbon Ltr re-Perry.doc c: Jim Hendryx 2001 Planning correspondence file 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 , � k � � ��'� t . . �� _ � John T. Gibbon, Attorney at Law Message(503)452-8567 Sole Practitioner P I(503)708-6708 �PhR9htsMryr @aol.com Admitted in Oregon �Washington O F F IC E Pract�cing in Law Ofices that also contain the firms of John 13425 SW 72nd Ave. ShonkwiJer,P.C. &Wm.Hcelscher&Assoc.,P.c.. rr,� TIGARD, OREGON 97223 attomeys�rhese law othces are�wtpa►6,e.s and associate Phone(503)624-0917 �by specific agreement w;th ctients. FAX(503)654-8971 EMPHASIZING REAL ESTATE $ LAND USE LAW May 24, 2001 Richard H. Bewersdortf, Planning Manager 13125 SW Hall Blvd. Tigard, OR 97223 Re: Land Divisio Dear Mr. Brewersdorff: Enclosed please find a copy of an authorization from my client to pursue matters related to the division of his property on 92"d Avenue. Along with a narrative statement I prepared on his behalf in 1999 to support a land division application. As you can see from this authorization at this point Mr. Perry is seeking only to divide the property in order to place the vacant property into the ownership in the hands of an entity that will ultimately develop or dispose of the property. The land division will also permit the Perry's to �efinance their residence at today's rates without encumbering the vacant land. At my urging any application for this land division division let alone development of the property was deferred pending the completion of the Washington Square Plan. This was in hopes that increased densities prepared by the plan as well as the commitment of public funds to area wide public improvements might result in a de facto resolution the proportionality problems created by the undergrounding fee requirements has they apply to the Perry's situation. The enclosed materials dated in 1999 show the length of the delay that this deferral has occasioned. I note that the point made in the materials regarding the inherent unfairness of imposing a full undergrounding fee on a fully developed lot in an established neighborhood as only been exacerbated by the delay occasioned by delays occurring in the complete of the Washington Square Plan Your December 2000 letter can be read as indicating that the only method by which the City's requirement for undergrounding assessments against Mr. Perry's entire property can be challenged is through an application for the land division. In earlier letter from Mr. Hendryx's he indicated that an altemative to that process was to seek a director's interpretation regarding the issue, has this process been changed so that it is no longer applicable? If it is possible to seek this interpretation, what is the cost of that approach compared to an application for the land division. If that procedure is available what are the benefits or liabilities produced by seeking this type of resolution? Mr. Hendryx's previous letters to my client and myself also indicated that it was possible to waive the preapplication conference requirement for the land division application /fjC�� /'.., . . f . . �.,��. ��t Gt.,e,�� p`'" �'�p �'' . ._��--�-d-- � :i�`-r� � �6 � f�� , - � � - .�-�' �„ � ��.. �� _r��_��-�. w ,� �.`� f , � � ��"''"' �,,u.- � S ,� �+ s�e..c�g'� ub°.'FF•� S�`' � ��SS�s� ��-4��1 _. � r i:.}. , k, < ;vygeS 3 .. �,_�.n.i9 Cp+�'�^''^ �r ��; ��,,��1J�� ,�� ..-J �r�� J f..iF�L F given that my client has already been through the process, having identified the serious undergrounding fee issue as result of this process. Mr. Perry strongly feels that this waiver should still be available in light of the fact the Washington Square plan has not yet been adopted and the long expected R-12 zoning applied to the property. I look forward to your response to this inquiry and to the opportunity to resolve this matter in a timely manner. Sin rely, Gt� � � �hn T. Gibbon Attorney at Law jtg Enclosure: cc: file, J. Hendryxx, W. Monahan AUTHORIZATION FOR REPRESENTATION IN A LAND USE PROCEEDING The undersigned, Steve Perry, p�-.�-� � of �aa�t�.>�a��li�Pep� G�w�;�'; LLC hereby authorizes John T. Gibbon, Attorney at Law, to represent the limited liability company in connection with a land use proceeding before the City of Tigard. The purpose of this representation is to obtain an approval for a land division to permit the transfer of southern 75 feet of the property described in Washington County Dced Records Document No. 97002584 and located adjacent to 9885 SW 92"�Ave. from Stephen William Perry & Lorinda C. Perry, husband and wife to t�rk(.s�so cl},SC1�O� CL�ti+cT�c�c.iec�,i LLC their wholly owned limited liability company. The approval sought shall be a land division authorization only and no approval for development of the property shall be included in the application, development of the property is to be foregone until such time as the Washington Square Regional Plan is fully and finally adopted. The representative is specifically authorized to seek whatever Variance or waiver is necessary to avoid payment of at this time of any undergrounding fees charged by the City of Tigard and any additional preapplication fees other than those already paid. This authorization will be valid until revoked by an written instrument signed by the undersigned directed to the City of Tigard and the named representative. Date O 2.ss By � Steve Perry � • Cascade Cons., LLC � Partition Narrative Page-1- Practicing in the JOHN T. GIBBON, ATTORNEY AT LAW LAWOFFICES OF- SOLE PRACTITIONER JOHN SHONKWILER, P.C. ADMITTED IN OREGON 8 WASHINGTON N/M. HOELSCHER&ASSOC., P.C. EMPHASIZING REAL ESTATE 8�LAND USE LAW JOHN T. GIBBON, ATTORNEYAT LAW PMB 264 13425 SW 72nd Ave. 333 South State Street Tigard,Oregon 97223 Lake Oswego, OR 97034 Phone(503)624-0917 Message (503)452-8567 FAX(503)684-8971 jtgorygun@aol.com September 21, 1999 NARRATIVE- PARTITION OF PORTION OF TAX LOT 3001 Map 1S 1 26DC SW 92nd Ave. FOR CASCADE CONSTRUCTION, LLC. Pro.�osal Summar� The applicant, Cascade Construction, LLC seeks approval of a partition to divide Tax Lot 3001, Map 1S 1 26DC SW into hvo parcels. The northern parcel to be created �vill contain the personal residence of Ste��e and Lorinda Perry, the members of the applicant family LLC. This approval is sou�ht to enable them to transfer the undeveloped southern portion of the property to the applicant LLC to hold for development or sale as explained belo�v . The applicant has no current plans to develop tlte property, but merely to hold it iu the LLC for future development absent resolution of certain infrastructure cost issues discussed belo�v. They anticipated development or sale of that parcel „�hen the current City planning effort for the area are more completely establishes the most feasiblc dcvelopment afternative. The subject site is currently designated R-4.5. The proposed configuration of the rivo parcels is 90 feet by 90 feet for tlie parcel containing the eaistiiig house and 75.00 feet by 100 feet for the new parcel undeveloped parcel. Each lot meets the required minimum lot size. If development of a single family home should occur on the new parcel the setbacks required by the city Development Code could be met without need for adjustment or variance. Descrintion of Site. Vicinitv and Historv Tl�e proposed ne�v nortliern parcel is square and tiie proposed ne�v southern parcel rectangular in sl�ape. The proposed parcel directly abuts tl�e 8100 square foot parcel containing the Perry's residence and it's associated improvements that as proposed, will be nearly square in configuration . The hvo parcels are separated by an existing wood fence. The proposed southern parcel is nearly level sloping from 218 feet in elevation in its northwest corner to 216 feet in it's soutl�east corner. Minor grading to assure positive slope toward that southeast corner of the parcel at 92nd Ave. ��here drainage facilities are available will be needed �i�hen the parcel is developed. The property is located approximately 1800 feet east of Greenberg Road behveen Washington Square and tl�e Metzger commercial area. Tlie parent parcel is surrounded (along 92nd. Ave. as �vell most of the surrounding streets) by properties �;�hich are nearly fully developed with single family homes. A fe�v opportunities for additional in-fill units appear to exist in the area but the ' � Cascade Cons., LLC Partition Narrative Page-2- constraints on infrastructure and jurisdictional matters limit tl�ese possibilities at least until completion of tl�e current planning effort for the area.. If partitioned as proposed it appears that the southern parcel will be the on(y undeveloped lot existing along 92nd Avenue beriveen it's southern dead-end terminus at the intersection with Coral Street and it's dead-end terminus north of Borders Street. The only properties abutting 92nd Ave. in Metz;er area that are ��ithin the Tigard City limits are the parent property and the two lots to its immediate north and south as well as the two lots to its west bet��een Lehman Street and Coral Avenue. Ninety Second Aveiiue dead-ends to botl� tfle nortli and south of tl�e parent property. To the soutl�, altliougli various maps sl�ow dedicated right-of-�vay , the street does not connect behveen Coral Street and Locust Street. Access to five developed homesites immediately north of Locust is provided by an un�aved gravel road �vith the remainder of the road�vay adjoining Coral apparently incorporated in tl�e yards of adjoining single family properties. Ninety-second Av�nue's northern terminus is a non intersection dead-end abutting two w�derdeveloped lots. These properties separate that road�vay from Hall Boulevard. Likewise neitl�er Lehma�i or Coral Street, tlle cross streets adjacent to tlle parent parcel, eYtend east through to Hall but they botll extend�;�est to intersect�vitli Greenberg Road. The area was original platted as part of"Lehman Acre Tract' in 1908. The 92nd Ave. right of way betiveen Lehmann and Coral Streets �vas reduced from the originally platted sixty feet to a fifty feet by action of the Board of County Commissioner in 1985 «�hen they vacated five feet on each side of tlte previously plated Sellers Street ( Order No. 85-212). The proposed lot was originally a portion of the parcel located to it's immediate south and ��as acquired by the applicant and consolidated into Tax Lot 3100 through a lot line adjustment approved by Washington County in 19 . ( ). Currently the City of Tigard is in the process of developin� long range plans for the area surrounding the subject site. The applicant hopes that this planning process will result in the developcnent of plans that, in addition to providing for commercial and multifamily development on tlie periphery of the area, �vill also assist the entire area in upgrading its infrastructure in a manner sufficient to permit infill at appropriate urban densities for the area. Status Of Infrastructure Streets: 92nd Avenue is a street that has recently been paved as part of �Vasliington County's general upgrading of streets in tl�e unincorporated urban areas. It currently lias at least 22.5 feet of paved surface in tl�e �0 foot right-of-�;�ay. � Storm�r•ater : Stor�m��ater in the area of the proposed lot is current routed through ditches and culverts that direct the flow east to��ard the Metzger area and presumably into Ash Creek. These facilities adequately handle the flo�v from the esisting home and��ould be adequate to handle the increased flo�v created by the development of tl�e proposed southern parcel. Sanitary: There is an existing 8 inch sanitary sewer in 92nd Avenue in front of the parent property that serves the existing home and �vould be adequate to serve development on the ' ' Cascade Cons., LLC Partition Narrative Page -3- proposed southern parcel from the manhole in front of the parcel when that proposed parcel is developed. Water: A TV WD ��ater main is located on the east side of 92nd Ave., it currently provides service to the existing house and is adequate to provide service to any development if and �vlien it is occurs on the southern parcel throuQh a standard service connection. Telephone, Power, Cable: The utilities supplied by private companies are provided to the site through existing overhead lines placed on poles located on the west side of 92nd Ave adjacent to the proposed parcels. Service to any development on the newly created southern parcei can be undergrowid �vith the utilities to the site coming from a pole located adjacent to the southeast corner of tl�e property. Undergroundin� the utilities to tlie existing liome on the newly created northern parcel �vould result in damage to existin� landscaping and improvements and the incurring of unneeded expense to replace fully functional utility connections. Impact Anal��sis of Pronosed Parcel's Creation & Develo�ment No icnpact �vill result from the approval of the partition request as tlie ne�vly created soutliern parcel ,although transferred to a different entity, �vill remain in the control of the same persons througli tl�eir LLC. Any actual impacts �vill be the result of development of the property ��hicl� the applicant intends to defer until planning for the area has been resolved. As noted above 92itd Avenue currently has a fifty foot right of way. T'l�ere is 22.5 feet of paved - surface in front of the proposed parcel. Because the street currently terminates at an intersection within 210 feet of the proposed parcel to the south and deadends within 2 and one -half blocks to tl�e north the right-of�vay the pa��ing is adequate to provide service to the approximate 20 homes using tl�e street no�v. Any development tliat could occur on tl�e site as a matter of right should not impact this adequacy. The applicant �vill sign a �a�aiver of remonstrance to participate in any upgrade of the street which ��ill need to occur to improve and upgrade the street or to participate in its extensioti t}irougli to eitl�er Locust or Hall Bivd. No pedestrian sidewalks exist along tlle 92nd Ave. in the Metzger area except for the length of one lot on its easterly side near its northern dead-end terminus. Sidewalks exist adjacent to the intersections of Coral and Lehman Streets with Greenburg Rd. ��here commercial and multifamily residential ha��e been developed in the City. Construction of a sidewalk adjoining tlie proposed (ot when development occurs �vill be feasible but e�tension of the sidewalk along the length of the existing residence ��ill require removal of numerous improvements including a fence and a landscaped boundary. Access to the proposed parcel �vill be from SW 92nd Ave. directly ,the access point will need to be carefully evaluated as locating it on the north end of the property will impact tlie drive�vay on the adjacent parent parcel and if located on the new parcels southern end may conflict with the access drive on the property across 92nd. Sanitary se��er ��ill be supplied to any development on the proposed lot by connection to the 8" sanitary se��er line in 92nd at a manhole to the southeast of the property, construction of this lateral will require repair of the street after ��ard to eliminate its impact. The connection of the waterline to the line east of 92nd will also require street repair upon development to avoid negative impact. • � Cascade Cons., LLC Partition Narrative Page-4- Because the proposed parcel's stonn�vater is currently being acco►n►nodated in the existing drainage ditch on the same side of the street as tl�e proposed development. Therefore the approval of tlie partition will not create a local impact beyond tlie i�istallation of the piping leading to tl�e ditch. The capacity of tl�e ditcfi in the area appears to be adequate to handle any additional flow created by impermeable surface constructed during the development of the proposed southern parcel as a home site. The connection of the ditching system to the Ash Creek is a matter of area �vide concern. Given the size of the proposed parcel upon development of the property the in-lieu of fee have to be used to addressing any on-site detention requirements applicable to the site. The connection of under�round utilities to any development on the parcel will have a minor off site impact. This will result from the eYCavation of a trench in the existing right of way to reach the existing utility pole southeast of the site. Utilization of the pole north of the proposed parcel to provide for underground service to tlie proposed lot or the parent parcel's existing house is constrained by the existence of landscape improvement and fencing adjacent to it. Fire protection �vill be provided by a fire hydrant located 240 feet from the proposed parcel. at the southeast corner of Lehman and 92nd. Noise impact created by the approval of the creation of hvo parcel �vill be nonexistent since the applicant does not plan immediate development. When development of the parcel occurs the e�isting fencin� on the north and south sides of the new southern parcel ��ill reduce some�vhat sound transinission but the impact will still need to be addressed in accordance with the Cit}�'s code requirements related to noise. Bus service is available on Greenberg Road near it's iiitersection �vith Locust Street approximately 2100 feet to the �;�est. Development of a bikeway would be impractical under current circumstances in the area although given the parcels location in relation to Metzger _ school adequate pedestrian access to the site in the future should be given every consideration. No open space would be available for commitment as a result of this proposal, development of the parcel ��ould not ►naterially affect the City's park system altl�ough if increased density is pennitted as a result the current planning process the site would benefit from the deve(opment or preservation of usable public open space��ithin a reasonable distance. Impact from the approval of the creation of the parcel proposed in this application would be insignificant. Because of the proposed parcel configuration the impact of the parcel's subsequent development wlii(e greater than similar infill dcvelopment in a ne�vly dcveloped area, �i�ould be greater in short term and less in lonQ term than other styles of such development, instance a flag lot, in the area near the site. By de��eloping a full size lot with street frontage the short term impact of utility connections are spread o��er a greater area, but the long term impact of the development focusing activity on the street is more consistent �vith the existing development in the neighborhood and accordingly creates less long term impact. The parcel's development will have only minimally greater impact oil public facilities and services tlian the development of additior.al infill in newly developed areas because of tl�e existence of reasonably adequate facilities in the area for this scale of development. Responses to De��elopment Code Sections Ap�licable to Pro�osal Section 18.310-Director's Interpretation The applicant seeks a director's interpretation of the requirement's of the provisions of Section 18.810.120(D) to determine if the public works staff's position on that provision ,to the effect ' ' Cascade Cons., LLC Partition Narrative Page-5- that the applicant will be required to pay the undergrounding in lieu-of-fee for the entire frontage of the parent parcel, is correct. This results in charging the frontage fee for the entire length of an existing and entirely improved house. The reasoti for tliis request for an interpretation is in the first instance based on economic impact of the Public Works Staff's interpretation of the ordinance �vhich in the applicant's opinion nearly makes the development of infill lot configured witlt maximum frontage as a single fat�iily homes cost prohibitive. Preventing the development of a single family homes with normal frontage is a result that the applicant feels is at variance ��vitli the needs of the neighborhood and the city. The public work department interpretation is the reason, as noted above, that the applicant currently intends to defer development of the property until the area wide plannin� is completed. The applicants hope, in the absence of an more reasonable interpretation of the ordinance, that an increase in density will be allowed in the area and duplex development facilitated for the site, because sucli de��elopment, is no�v necessary to adequately cover the costs tlie staff proposes as a in lieu-of- fee for undergrounding tf�e utilities. This bei��a said the applicant ackno�vledges that in the circumstances involving most types of development, including an infill flag lot, the staff's interpretation of the ordinance may result in an equitable assessment with an appropriate payment to the undergrounding fund. Ho«�ever in the current situation such an interpretation will, in comparison to most situations, impose ��hat amounts to a double fee on the applicants. This ��vill occur even tllough the �le�v utilities will be delivered underground to the new developable southern parcel in accordance ��vith in the ordinance as the cost of that construction ��vill be minimal and so only offset slightly tlle in lieu of fee the staff believe is appropriate to charge to the parcel. This interpretation is also requested because the text of the cited provision results in substantial . inconsistencies in the circumstance of this application. As noted the utilization of the word "development", �vith it's application as defined in the ordinance, causes tlle preexisting home site, developed under different standards, to become a substantial liability. This impinges of on the new infill development the applicant proposes to occur in the City even though that development �vill in fact meet the provisions requirements and provide widerground service to any ne�v construction that occurs on the approved parcel. In addition, in the circumstances that apply to this application, technically the applicant will as the"developer" (as tiie term is commonly understood) of the proposed soutllern parcel will never be in title to the northern parcel which will be held in the Per's individually as tenants by the entirety. Because the developer role will be undertaken by their family LLC that entity technically will only be in title to the approved parcel. This could lead to an interpretation of the ordinance would result in the reduction by over half in any assessment imposed on this proposal si►ZCe the in lieu of fee ��ould only be applied to the newly developed parcel. Section 18.390- Decision-Making Procedures The materials in this application packet are submitted to comply �vith the provisions of this section of the Development Code. Section 18.420 - Land Partitions The applicant has made this application in order to adhere to the requirements of these provisions of the development code. The contemplated transfer to the applicant will not occur prior to completion of tlie formal partitionin;process . � Cascade Cons., LLC Partition Narrative Page -6- Section 18.510 - Residential Zoning District As noted tl�e current zoning applicable to the site is R-4.5 �vhich only allows single family homes as a permitted use (see table 18.510.1). Depending o�i the outcome of tlie request for an interpretation the applicant may develop the property at this density. However they plan to delay any development of the pending the outcome of current long-range planning being done for the area and they may depending on the outcome of that process attempt to develop the property at greater density. The existing improvements on the northern proposed parcel meet all required setback requirements. A�iy development permitted on tt�e southern proposed parcel as matter of riglit at this time could be positioned so that the setback requirements of the ordinance can be met. Development at a greater density based on future planning in the area may require seeking variances or adjustments to satisfy tl�e ordinance standards. Section 18.705-Access,Egress and Circulation No changes are proposed for the access provided to the eristing improvement on the proposed nortlier�i parcel wl�icl� directly accesses tlie street. Similar access directly to the street can be provide for any development that is placed on the proposed southern parcel. Section 18.715 - Density Computation Eacl� of the parcels is adequate in size for a single family home i►i the current zone. The Northern proposed parcel contains 8100 square feet�vhich exceeds the necessary minimum square footage by 600 feet and tlie proposed soutliern parcel lias tlle required minimum of 7500 square feet. Section 18.745-Landscaping and Screening � - The proposed northern parcel has fully developed landscaping and screening surrounding the llome. The proposed soutliern parcel �vith 7� feet of frontage should be exempt from the requirement for street trees. Both parcels are currently surrounded by fencing. The southern parcel if developed as a single family home would be exempted from landscaping requirements and if deve(oped as a duplex, if the current planning results in increased density, should be adequate to pennit the installation of type A landscapinQ. Section 18.765- Off Street Parking and Loading The existing homesite on the northern parcel has two on-site parking spaces exceeding the 1.75 spaces required for a tl�ree bedroom home.. Adequate space exists on the proposed southern parcel to construct at least hvo hard surfaced parking spaces in whatever configuration for the dwelling unit is ultimately developed. Section 18.795-Visual Clearance Area Tl�e applicant �vil) be able to meet tl�e requirement of this ordinance provisions on the southern lot proposed for new development. A preexistin� fence on the northern parcel appears to vary from the requirements of this provision. Section18.810-Street& Utility Improvement Standards There are substantial inconsistencies in tl�e provisions of Section 18.810.120(D). It is unclear �vhetlier it's utilization of the word "development", is consistent with that "�ord's definition in the ordinance. If it is, tliis imposes standards on t1�e preexisting home site, developed under different standards, that "�ould require substantial modification to the existing homesite or large in lieu payment based on it's footage tliat is almost prohibitive in character. 'This is because the . Cascade Cons., LLC Partition Narrative Page-7- new development on the southern lot the applicant proposes �vill in fact be able to meet the undergrounding provisioii requirements to its new construction from a drop from without significant cost, so the standard offset for undergrounding cost does not fairly compensate tlie applicant. In addition the ordinance, as written imposes the payment responsibilities on the "developer which produces an additional inconsistencies this case. As that term is common(y understood the developer of the proposed southern parcel will never be in title to the northern parcel which will continue to be held by the Perrys as tenants by the entirety. Because the developer role will be undertaken by their family LLC and that entity teclu�ically will only be in title to the southern approved parcel, the ar;ument can be made that the only assessment that can be made in connection �vith this application should be for the ne«�ly approved parcel resulting in the reduction by over half in the assessment proposed by to imposed on this approvat by Staff. CONCLUSION Approval of tl�is application ��ill create a relatively unique iit-fill lot that because of it's full street frontage could provide a single family home site without the need for variances or adjustments. The approval sought�vill also reestablish the lot size appropriate for tlie preexisting homesite on the parent parceL If certain interpretation issues can be resolved a single family liome appropriate to the existing ileighborhood cail be easily developed on the approved new parcel. Othenvise the development of the parcel can be deferred until the planning process underway for the area is completed ��hen infrastructure and density determinations are made so development consistent with those decisions can be undertaken. City of�l�i�ard Community Development MEMORAHDUM ShapingAByter Communit CITY OF TIGARD, OREGOH 13125 SW Hall Boulevard Tigard, Oregon 97223 (503)639-4171 Fax 684-7297 TO: Bill Monahan FROM: Jim Hendryx DATE: April 16, 1999 SUBJECT: Steve Perry Concern Regarding Undergrounding of Utility Lines This is a follow up to the memo that Dick provided to you last week. I have discussed the issue with Gary Firestone at the City Attorney's office and he concluded we were being reasonable in our application of this standard and that it would stand up to a Dolan challenge. I explained the situation that Mr. Perry partitioned his property after annexing to the city and that he was upset about the requirement Mr. Perry is concerned about the cost of options related to undergrounding utilities. He indicates he was not told of the fee or cost when he annexed. He said he would not have annexed if he knew the cost. Annexation Meetinq When the annexation meeting was held with Mr. Perry, development issues were not discussed. Since he wished to partition his property, he was informed about the need to � have a pre-application conference to discuss applications requirements. The fee for partitioning property in the city is $780. The fee for partitioning property in the urban planning area is $2,480. � Pre-application Conference The pre-application conference covered the normal requirements. Engineering staff does not remember specifically mentioning the undergrounding fees during the pre-application but they were included in the pre-app. notes. Julia is not sure, but thinks Brian did mention the undergrounding verbally also. Undergrounding Requirements The requirements call for a fee of$27.50 per foot in lieu of construction. If the construction route is taken, the undergrounding must, sometimes, be extended off-site to the next available pole. Additional new poles at the property line have not been allowed. The extension off-site would increase the cost if that route was chosen. The standard for undergrounding is that both sides pay for the undergrounding regardless of which side of the street the lines are located. The concept is that both sides get service and should share the cost. As of November, 1998, the underground fund had a balance of$298,000. If there are issues regarding the implementation of undergrounding requirements, a discussion of policy with Council and the Engineering Department may be appropriate. Conclusion The procedure that staff followed is acceptable and meets the requirements of the code. In the future I have directed staff to encourage persons interested in annexing and subsequent development to have a pre-app meeting prior to initiating annexation. Thus there will be a better understand of what the city would require with development. C: Dick Brewersdorff Brian Rager Julia Hajduk i:cdad mljerreeljimlgenlstperry.mem 4/16/99 11:33 AM May 7, 1999 Steve Perry 9885 SW 92"d Avenue Portland, Oregon 97223 RE: MEETING FOLLOW-UP Mr. Perry: The purpose of this letter is to follow-up on our meeting of April 28, 1999, where Bill Monahan, Gus Duenas, and I met with you to discuss issues surrounding your annexation and subsequent partition. I have separated the issues below and identified steps that we are going to take to address each item. 1. You stated that when you considered annexing to the city, we would not allow you to have a pre-application meeting to discuss your development issues. It has been the city's unofficial policy not to conduct pre-application meetings for properties located outside the city of Tigard. The reasoning for this policy, was that Tigard had no jurisdiction in these instances, therefore, it was not appropriate to conduct the meetings. Your experience and concerns have caused me to reconsider this situation and I have directed staff to conduct pre-application conferences on any property regardless of its jurisdiction. I have also directed staff to suggest to anyone considering annexation and subsequent development to have a pre-application meeting. This should address the issue you raised. It should be noted that in unincorporated Washington County on Bull Mountain and in the Walnut Island, the city is providing urban services for the county. Washington County and Tigard entered into an urban service agreement whereby the city provides all development related services. Development review, pre-application conferences, etc., are provided by the city. 2. You stated that after you annexed to the city and you had the pre-application meeting, all the potential conditions were not discussed at the meeting. You only learned about them by reading all the conditions upon returning home. It has been the practice to provide an overview of potential conditioning during the pre- application meeting. Normally staff does not read every condition. Applicants are given a complete copy of the notes to take with them after the meeting to review and call for further clarification. As you will observe in your pre-application conference notes, the city has a notice to applicants stating that the pre-application meeting cannot cover all possible code requirements for your particular site plan. The notice recommends that applicants either obtain a copy of the Community Development Code or ask questions of city staff prior to submitting an application. Plans may change from time of pre- application meeting to actual submittal. The final conditions cannot be determined until the complete application has been submitted. Given your experience, I have directed staff to review all potential conditions during the pre-application meeting. This should address the issue you raised. 3. You stated that you were not told whether or not you would be responsible for improving the street frontages adjacent to your property. Improvements could include widening the street and installing the sidewalk. Recent land use decisions by the courts have made this issue difficult to answer. Generally speaking, public facilities must be in place in order for the city to find all code criteria has been met. However, given the fact that this is a partition involving only two lots, one of which has an existing house, the city could not find that the condition to improve the street frontage was roughly proportional to the impacts of development. Further analysis will be needed to make a similar determination with regards to installing the sidewalk along the frontage. Costs vs. impacts of development will have to be evaluated before a similar determination can be made. You can discuss this issue with staff prior to making application. 4. What is the process to disagree with any condition raised during the pre- application conference. Pre-application meetings were established as a mechanism to allow individuals to discuss potential development proposals with a jurisdiction and understand potential conditions that could result with an application for development. Since this is an informal process, it is not binding. As such, there is nothing to appeal nor is there a formal process to object to any listed condition. Of particular concern was the condition to underground overhead utilities. Upon submitting a formal application and paying applicable fees, applicants may appeal any condition imposed during the application review process. There is a separate appeal fee and supplementary information is normally presented. Another option is to request a Planning Director Interpretation (PDI) of a particular Community Development Code standard and whether or not it would be required with development. A PDI is appealed to the City Council. Partitions are appealed to the Hearings Officer. 5. How long is a pre-application valid for? The front page of the notes state that the pre-application conference notes are valid for 6 months. Upon request, I have the authority to extend this period informally. Generally, this is provided for when there have been no updates to the Community Development Code and/or Engineering Construction Standards. At this point, neither have been changed. If you are uncertain on when you are going to make application, I would suggest that prior to Aug 11, 1999, (6 months from the date of the pre-application meeting) you make a request that the notes be extended. I hope this letter answers the issues we discussed. As mentioned, I do not have the authority to waive any condition myself. The appeal process was established for that purpose, among others. If you have any questions, please feel free to contact me at 639-4171 ext. 405. Sincerely, James N. P. Hendryx Director of Community Development c: Gus Bill Monahan Dick Bewersdorff I:/cdadm/jerree/jim/gen/steveperry July 6, 2000 John T. Gibbon, Attorney at Law 333 South State Street Lake Oswego, OR 97034 Dear Mr. Gibbon: This is in response to your June 30, 2000 letter concerning property owned by Steve Perry. The Washington Square Town Center Plan was adopted by the City Council but implementation of plan and zone designations were delayed until a plan is developed for public facilities. For questions regarding implementation timing, call Laurie Nicholson. Pre-application conferences are good for six months. The pre-ap�lication for the Perry property was held on 2-11-99. It was for property at 9885 SW 92 d (1S126DC, Tax Lot 3001) not 9777 SW Locust Street. The 9885 SW 92"d property is now zoned R-4.5. Duplexes in this zone require 10,000 square feet. Duplexes also require Conditional Use approval. The property will be zoned R-12 when the Washington Square Plan is implemented. Dwelling units require 3,050 square feet each in that zone. Development conditions are normally applied when development occurs. Development includes partitioning. Actual conditions and timing are established at the time of the land use decision. If street improvements are required, they would be at the time of partitioning. Attached single-family units are permitted on separate lots of 5,000 square feet each in the R-4.5 zone. Attached single-family units require one-hour fire separation walls for each unit. Condominiums can be established through the provisions of state statutes as long as the property involved is under common ownership. Please refer requests for information on planning issues to Julia Hajduk and building issues to Bob Poskin. Sincerely, Richard H. Bewersdorff Planning Manager i:lcurpinldicklletters\john gibbon-steve perry.doc c: Julia Hajduk, Bob Poskin, Laurie Nicholson, Jim Hendryx, 2000 Planning correspondence file . r December 22, 2000 Steve Perry 9885 SW 92"d Avenue Tigard, OR 97223 Dear Mr. Perry: Jim Hendryx, Tigard Community Development Director, requested that I send you a letter regarding a letter of inquiry by John T. Gibbon, Attorney at Law. It is my understanding that your concern relates to undergrounding fees should your property be partitioned. Your property is now zoned R-4.5, single-family residential. Implementation of the Washington Square Regional Plan will designate your property R-12, medium-density residential. As you know, undergrounding fees would normally be assessed with a partition. There is no way to appeal that requirement unless an application has been filed and a decision rendered. To proceed with an application, it is necessary to file for a pre-application conference. The fee is $240. Once the requirements for a partitioning are prepared, you may proceed with application for a partition. After a Director's Decision is rendered, appeals can be filed and heard by the Hearings Officer. The information for these applications can be covered in the pre- application conference. Information necessary to schedule a pre-application conference is available from Planning/Engineering Technicians Diane Parke or Kristie Peerman and you can reach them at 503-639-4171. Specific information regarding the undergrounding fees can be obtained from Brian Rager or Gus Duenas of the Engineering Department. A pre-application conference request form is enclosed for your convenience, as is a May 7, 1999 letter from Jim Hendryx. Sincerely, Richard H. Bewersdorff Planning Manager I:lcurpinldick\IetterslSteve Perry letter.doc c: John T. Gibbon, Kristie Peerman, Diane Parke, Brian Rager, Gus Duenas, Jim Hendryx � , . � r"' '�' � ° " � `"� �� ,'� r g `, yts � P ! � s . � � . �s � � � � ➢. 3 �fA � � '� � � Y�i�� :,'1�: � _ � �� L . i4�� m.a ��,.P. � � , I a ... ��." �` ,�,. , , j . ,.�. �1� .g :��*..�;� . �` . , � �-a b. �g�'"�' , ^"a�`,,. ' . <. ,„ . * „w, .. , , �� . .. . �.. 6 � .'� `.� �.. � �� .. .. . '$i ,. .. . � .., ._ n e ,. n, . = , .. . . � $ �' . ` �.` . , o , � � , . . � �s' ..� i si F � k � � � fi�ii.. b� ~.� : - �� ° ' � � � • ;. . .a + � � i " m * � ,..,� . _ ,�c r.a . � �� 9 . %�« i'�. 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R'1Mr.i�Yp I � � a1tM. Q � � t Z i � I W�}zio� zto2 •- P _ - .. • J Cx .z+K dl J� ..n�c . . O •i' •• � � W�I= = c�u�n ' ?��K� 2eoo '� Z —_— �� --. u.i� _ .� •4n• Vl � i %�f...�... g.W: .. ,... CORAL�, - � - STREET �.. �....,... - , . , � �,-- i ' ..c.7nL.- •��.i ,�u� f' ��i� ' ��.i T-7i—i.. - - ..i�•t'- " - i� N.0 - /��;'�i01 r.�c i�r . 4t00• � �� 001 SS01 5502 5000u n n. ' 1s4 5�02 O]p! S3M y}qN � � .ru�. o .sa�c i �N4 .!/IS ./IAp ; 3 I I � ./�4 ;XY /fAa IIIs , 6 , _r_.o� � c- - � E � - , � •~———, �' i 9 =_ �,., s�oo - � �� I ' � � •.�_,� S.��a � re �6 � _ .� � •.ir � _ I C6'P° 3 �,00 t 3 ' JiN. N�/r. � .roo •�io� �p � aeoi �pp ..� . ±:� . 'O' ni weo _ - vi ---- - - -- - - - - - - y � .Kt �� I)4 .lO4 L.4 5000 S100 �SI01 l Si01 � � .� !l4 ie�� Ba00�' S70t .l�4 !� � " �rlc •�i� ��t Jl_. d'D(1 ..c• L � _ � � ..:'h SZ�1� „F� j a� I�. I = . i r � �� .ssoo; - � - � �"a� � '�� IGARD j. . '1_� .�� _ �°i .. � ' � ... ..�.• �. . . ` � 26�C ....�..........S:Wr..........`•�LaGGYfr�........... .5��"l^f �&�R�bi................ .. . �., �$ I 61P �� !�� ' �� i� � � �� ' �� CITY �FTIGARD �� PRE-APPLICATIOH CONFEREHCE HOTES �ommOn�aA�DevekCVment h' P [Pre-Appiication Meeting Notes are Valid for Six[6]M[�� ( m��;''tterCommurtizy RESIDENTIAL PRE-APP.MTG.DATE: v2�� y� STAFF AT PRE-APP.: ��iJ �kn APPUCANT: �� ,�r � AGENT: Phone:[ l �y`�– cu�� Phone: [ l PROPERTY LOCATION: ADDRESS/GEN.LOCATION: `i� �'� �� i�r � 1�� TA1(MAP[S]/LOT#{Sl: 1 �1 a L� ��4� 1�- �o t�� NECESSARY APPLICATION[Sl: ��;-h�-,o�:; PROPOSALDESCRIPTION: _I�i�v��e ��-�> � �v-� COMPRENENSIVE PIAN MAP DESIGNATION: � �,�, c�e-�s�� ZONING MAP DESIGNATION: � �/. S C.I.T.AREA: FACILITATOR: PHONE: [5031 HING DISTRICT DIMENSIONAL REQUIREMEN � , � � - . Average lot width: �� ft. Maximum building height: >° ft. Setbacks: Front �-`= ft. Side � ft. Rear ,'� ft. Comer ��-"' ft. from street. MAXIMUM SITE COVERAGE: �- °/a Minimum landscaped or natural vegetation area: �' %. [Refer to Code Sectlon 18 r i�� =— l /� �• , , , �� _ . !,�_� . :�� j�,;,�i�jy .—�,�o��-� /°�l'��,�l�C� Jj�� ^a�c �-��1�{-e.��:,�� G�l,^✓i�.,5i�,n S � IC';,��r� �A�DITIONALL ��NALREQUIR�MENI,� ' � l��<�,�;��.ai �'� ��`°�"'1 � � Tv11NIMUM LOT FRONTAGE: 25 feet, unless lot is created through the 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'h times the average width, unless the parcel is less than 1'/z times the minimum lot size of the applicable zoning district. [Refer to Code Sect�on 18.810.0601 CITY OF TI6ARD Pre-Appl(catlon Conference Notes Page 1 ef 10 � ��tl��tlal ypllCStloU�l��el�/OMslo�S�ctloo ��ECIAE�SETBACKS ➢ Streets: eet the centerline of ➢ Flag lot: en (10)-foot side rd setback a lies to all primary str ctures. ➢ Zero I ine : A minimu of a ten (10)-foo�separation shal�e maintained between each 'ng unit or rage. � ➢ Multi-family reside ial buil ing separation standa s app�Yrvithin multiple-family res�ential developments. [Refer to Code Secdon 18.7301 �f ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less � than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. [See applicable zoning district for the primary structures'setbacK requirements.l SUBDIYISION PIAT NAME RESERYATION ;� �\- PRIOR TO SUBMITTING A SUBDIVISION E APPLICATION with e City o'�,Tigard, applica ' are REQUIRED to complete a file a s division plat nami g request with the ashington ty Surveyor's Office in der to obtain a oval/rese►vati n for any subdiVision name. Applications 'll not be accepted complete until the Ci receives e faxed confirmation of approval from the Coun of the Subdiv' ion Name Reservation. [County Surveyor's 0 • 503 8-88841 fLAG tOfi G HEIGHT PROVI NS ' � MAXIM HEIGHT G�F 1%z STOR S or 25 feet, w ' hever is s in most zot�s; 2'h storieS, or 35 feet in R-7, 2 -25 or R-40 zone rovided at the standards COdC-S�CtiOD 18.730.010.�.2. are satisfied. v� ' ' � ENTIAL DENSITY CALCULATION [See example belowl � The NET RESID on a particular site may be calculated by dividing the n�.� o e 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 includina: ➢ Land within the 100 year floodplain; ➢ Slopes exceeding 25%; ➢ Drainageways; and ➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. Public right-of-way dedication: ➢ Single-family allocate 20% of gross acres for public facilities; or ➢ Multi-family allocate 15% of gross acres for public facilities; or ➢ If available, the actual public facility square footage can be used for deduction. [Refer to Code Chapter 18.7151 E1(AMPLE OF RESIDENTIAL DENSITIf CALCULATIONS: EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS Single-Family Multl-Family 43,560 sq.ft. of gross site area 43,560 sq.ft. of gross site area 8.712 sq.ft. (2.0%)for u�ght-of-wav 6.534 sa.ft. (15%)for ublic right-of-way NEi: 34,848 square feet NEI: 37,026 square feet — 3.050(minimum lot areal - 3.050�inimum lot area) = n er cre = i'. m er cre �k ide Developmem Code roquiras that the aet site area e�dst for the next Mfiole dwelling unit NO ROUNDING UP IS PERMITiED. ��Wmum Pral�ct0e�alprls BOX Ntde ma�dmum allowed denslqi.TO DETERMINE THISSTANOARD,MULTIPLYTHE MIWMUM NUMBER OFUNITS BY.a. CI�Of i16AR0 Pro-AppliCadoo Co�te�oCe Not�s Pag�2 ef 10 e•:u•.n.i�rue.a..ni.■a.��nn�.■s.w.■ � J�LO�� ;-' 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 preciuded by natural topography, wetlands or other bodies of water or, pre-existing development. When block lengths greater than 600 feet are permitted, pedestrian/bikeways shall be provided through the block. [Refer to Code Sectlon 18.810.0901 �-- ---------- <..�UTURE STREET PLAN AND E)(TENSION OF ' EET 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. [Refer to Code Sectlon 18.810.030.FJ RKIN6 AND ACCESS —�tt-P RK�NG AREAS AND DRIVEWAYS MUST BE PAVED. ➢ Single-family............Requires: One (1) off-street parking space per dwelling unit; and One (1) space per unit less than 500 square feet. ➢ Multiple-family.........Requires: 1.25 spaces per unit for 1 bedroom; 1.5 spaces per unit for 2 bedrooms; and 1.75 spaces per unit for 3 bedrooms. Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15% of the total required parking. NO MORE THAN 40% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED AS COMPACT SPACES. Parking stalls shall be dimensioned as follows: ➢ Standard parking space dimensions: 8 ft. 6 inches X 18 feet ➢ Compact parking space dimensions: 7 ft. 6 inches X 16.5 feet ➢ Handicapped parking: All parking areas shall provide appropriately located and dimensioned disabled person parking spaces. The minimum number of disabled person parking spaces to be provided, as well as the parking stall dimensions, are mandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. IRefer to Code Section 18.705 a 18.7651 BICYCLE RACKS BICY LE K are require FOR MU TL I- ILY, COMMER�FAL `AND 11dDUSTRIAL DEVEL MEN . Bicycle rac shall be located in are �rotecte om automobile traffiffi�and in ient location � \ [Refer to Code Se ' 8.1651 CITY OF TI6ARD Pre-Appl(cadon CoMerence No[es Page 3 ot 10 ��:I�t�tl�l N011eatledfl��d��MtN�t�etl�� ACCESS W nimu number of access s: Minimum ccess widt . aximum a cess width: Minimum pa ement width: REQUIRED WALKWAY LOC ION Within all ATTAC D HO SING (except two-family d Ilings) nd multi-family developmenfs eac residential dwelling L BE CONNECTED BY WAL Y TO THE VEHICULAR PARN� AREA, COMMON OPEN SPACE AND RECREATION FACILITIES. [Refer to Code Section 18.7051 CL R VISION�IREA-� reyuires 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 streeYs functional classification and any existing obstructions within the clear vision area. [Referto C�ode�pier18.1951 BUFFERIN6 AND SCREENI G In order to in rease privac and to either reduce or eliminate advers noise r visual impacts between adja nt developme s, especially befinreen different land u es, the C REQUIRES LANDSCAPE BUFFER AREA ALONG CERTAIN SITE PERIMET S. Require buffer areas are described y the Code in te s of width. Buffer areas must b occupied by mixture of deciduous and evergreen trees an hn.�bs and must also achieve a alance between ertical and horizontal pla ings. Site obscuring screens or fences may also e required; these re often advisable eve if not required by the ode. The required buffer ar as may �nl�[ be occ ied by vegetation, fen es, utilities, and walkwa . Additional information on equired buffer area m terials nd sizes may be found in the Communit evelopment Code. [Refer t Code Chapter 18.7451 t e REQUI ED BUFFER AND SCREENING TANDARDS that a e applicable to your prop� sal a a are as ollows: along the north boundary. along the east bounda . along the south boundary. along the west bounda . TREET TREES �� T 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. These design features may include the use of landscaped berms, decorative walls, and raised planters. For detailed information on design requirements for parking areas and accesses. [Refer to Code Chapters 18.705,18.745 a 18.7651 C(TY OF TI6ARD Prealppticatloo Co�ferooce Mot�s Page 4,f 10 l�sl��tl�l pPlttatlaUrl��uq�Msb�E�etlu ' �-_ -��-_--�- �TREE RkiNOYAI PLAN REQUIREMENTS 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, major partition, site development review, planned development or conditional use is filed. Protection is preferred over removal where possible. The TREE PLAN SHALL INCLUDE the following: ➢ Identification of the location, size and species of all existing trees including trees designated as significant by the city; ➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D. according to the following standards: b Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.790.060.D. of no net loss of trees; b 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.; b 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.; b Retainage of 75°/a 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. [Refer to Code Sectlon 18.790.030.CJ (�6ATION ? �---RE�LACEMENT 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: b 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; and ➢ 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. [Refer to Code Secdon 18.190.060.EJ CITY OF TIGARD Pro-Applicatlon Comeronce Notes Pag�5 of 10 ��:�r•.a��u��l�an•.n�aul■��IYI:b.a•en.■ ��16NS �' �'��, SIGN ER S MUST BE OBTAI D PRIOR TO IN LLATION OF A SIGN in the�City of Tigar . A "Gui lines for Sign Per its" handout is availabl��pon reques Additional sign are� or ei t beyond Co e standards ay be permitted if the sign opos is reviewed as part o�` development review plication. Alternatively, a Sign Code Adjustment application may be filed fo�� Director's review. [Refer to Code Chapter 18.7801 SENSITIVE IANDS The Code provides REGULATIONS FOR LANDS HICH ARE POTEN i��UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHI THE 100-YEAR FLOODPLA`lid;�;NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SL PES IN EXCESS OF 25%, OR ON Uf�S�T�46LE GROUND. Staff will attempt to preliminarily ide tify sensitive lands areas at the pre-applicat`it>n conference based on available information. HO EVER, the responsibility to �recisely identifv � en itiv n r n th ir n ri s i th r nsi ili f h li nt. r s m fn he finiti f n i iv I mu t I arl 'n i mitt ith v I m nt �polication. Chapter 18.775 also provides regulations for the use, protec ' n, or modification of sensitive lands areas. E I ENTI L DEVEL PMENT I PR IBITED WITH FL ODP IN [Referto Code Chapter18.7151 STEEP SL ES hen STEEP SLOPES ex , rior to issuance of a final order, a ge technical report must be s mitted which addresses the a oval standards of the Tigard Comm ity Development Code Se tion 18.775.080.C. The report sha based upon field exploration and ' vestigation and shall inclu e specific recommendations for achie ' g the requirements of Sections 18.775.080.C.2. and 18.77 . 80.C.3. UNIFlEU SEWERA6E NCY[USN BUF'FER STANDARDS,RESOLUTION RDINANCE[R�Ol 96-44 LAND DEVEL PMENT ADJACENT TO SENSITIVE AREA all preserve and mai ain or create a vegetated corrid for a buffer wide enough to protect the wate uality functioning the sensitive area. Design Criteria: THE VEGETATED COR DOR SHALL BE A MINIMUM OF 25 FEET WIDE, measured horizontally, from the defined boundarie of the sensitive area, except where approval has been granted by the Agency or City to reduce the idth of a portion of the corridor. If approval is granted by the Agency or City to reduce the width of ortion of the vegetated corridor, then the surface water in this area shall be directed to an area o the vegetated corridor that is a minimum of 25 feet wide. The maximum allowable encroachme shall be 15 feet, except as allowed in Section 3.11.4. No more - than 25% of the length of the veg ated corridor within the development or project site can be less than 25 feet in width. In any case, t average width of the vegetated corridor shall be a minimum of 25 feet. R stri ' n 'n the V rri NO st uctures, developme constr ction activities, gardens, lawns, application of chemicals, dump' g of any materials of any ' , or other activities shall be permitted which otherwise detract from he water quality protection provided by the vegetated corridor, EXCEPT AS ALLOWED AS F LOWS: CtTY OF T16ARD Pr�-Applicatlon CoMerence Not�s Pag�6 of 10 RsslN�tlal AO�Ik�tl��Rlads!�MsU�S�ctle� • • ; --� ➢ A GRAVEL WALKWAY OR BIKE PA , NOT EXCEEDING EIGTfi��$� FEET IN WIDTH. If the walkway or bike path is paved, then he vegetated corridor must be widerted by the width to the path. A paved or gravel walkway or ike path may not be constructed closer than ten (10) feet from the boundary of the sensitive are , unless approved by the Agency or City. Walkways and bike paths shall be oonstructed so as to inimize disturbance to existing vegetation; and ➢ WATER QUALITY FACILITIES may encroa into the vegetated corridor a maximum of ten (90� feet with the approval of the Agency or City. � Location of Vegetated Corridor: ��. IN ANY RESIDENTIAL DEVELOPMENT WHICH CREA�ES MULTIPLE PARCELS OR LOTS intended for separate ownership, such as a subdivision, the v�etated corridor shall be contained in a separate tract, and shall not be a part of any parcel to be use�f for the construction of a dwelling unit. '� � [Refer to R a 0 96,44/USA Regulations-Chapter 3,Oesign for SWMI WATER RESOURCES OVE�LAaF81S�R1 THE WATE,1� RESOURCES ( OVERLAY DISTRICT implements the po'cies of the Tigard Comprehe sive Plan and is intended esolve conflicts between development �nd conservation of significa t wetlands, streams and ripa ' corridors identified in the City of, Tigard Local Wetlands In entory. Specifically, this chapter a ws reasonable economic use of praperty while establishing lear and objective standards to: pr ct significant wetlands and str�ams; limit development i designated riparian corridors; maintain enhance water quality; maxir�ize flood storage capacit � preserve native plant cover; minimize strea bank erosion; maintain and enhance fish and wildlife abitats; and conserve scenic, recreational d educational values of�water resource areas. � ,\ Safe Harbor: � THE WR OVERLAY DI RICT ALSO MEETS THE REQUIREMENTS OF S TEWIDE PLANNI G GOAL 5 (Natural Resourc ) and the "safe harbo�' provisions of the Goal 5 admi ' rative rule (O R 660, Division 23). These p visions require that "significant" wetlands and riparia rridors be mapped and protected. The alatin River, which is also a "fish-bearing stream," has an average annual flow of more than 1,000 c . Major Streams: Streams which are mapped as "FIS EARING STREAMS" by the Oregon Department of Forestry and have an average annual flow less t an 1,000 cubic feet per second (cfs). ➢ MAJOR STREAMS IN TIGARD CLUDE FANNO CREEK, ASH CREEK (EXCEPT THE NORTH FORK AND OTHER TRIB TARY CREEKS)AND BALL CREEK. in r re Streams w ich are NO " ISH-BEARING S EAMS" according to Oregon Department of Forestry maps . Mi or streams in Ti d include Sum er Creek, Derry Dell Creek, Red Rock Creek, North Fork of Ash Creek and certain sh tributaries f the Tualatin River. i ' nS t r THIS AREA S MEASURED HORIZONTAL FROM AND PARALLEL TO MAJOR STREAM OR TUALATIN R VER TOP-OF-BANKS, OR THE EDGE OF AN ASSOCIATED WETLAND, whichever is greater. T e riparian setback is the same as the "riparian corridor boundary" in OAR 660-23- 090(1)(d). ➢ The sta dard Tualatin River riparian setback is 75 feet, unless modified in accordance with this cha ter. CtTY OF TI6AND Pro-Appllcatlon Coaf�roace Notes Page 7 ef 10 �sslda�tlal IY�Ilatle�Rlad�!�hAsl��S�cW� t _ � ' '➢ The major streams riparian setback is 50 feet, unless modified in accordance with this chapter. ----- ➢ Isolated wetlands and minor streams (including adjace wetlands) have no riparian setback; however, a 25-foot "water quality buffer" is required u der Unified Sewerage Agency (USA) standards adopted and administered by the City of Tig rd. [Refer to Code Sectlon 18.197.0301 � \ Riparian Setback Reductlons �.� The DIRECTOR MAY APPROVE A SITE-SPECIFIC REDUCTI N OF THE TUALATIN RIVER OR � ANY MAJOR STREAM RIPARIAN SETBACK BY AS MUCH S 50% to allow the placement of structures or impervious s es otherwise prohibited by this ch ter, provided that equal or better protection for identified ajor s m resources is ensured throu h streambank restoration and/or enhancement of riparia vegetation in eserved portions of the ripa ian setback area. li ibilit f r i ri n a k in Di t r To be ELIGIBLE FOR RIPARIAN SETBA REDUCTION, the a plicant must demonstrate that the riparian corridor wa substantially disturbe at the time this r gulation was adopted. This determination must be ased on the Vegetation �udy required y Section 18.797.050.0 that demonstrates all of the fol wing: � ➢ Native plant specie currently cover less than 80%o e on- te riparian corridor area; ➢ The tree canopy cu ently covers less than 50% of the on-site riparian corridor and healthy trees have not been moved from the on-site riparian setback area for the last five (5) years; at vegetation was ot removed contrary to the provisions of Section 18.797.050 regulating rem of native pla species; ➢ That there ' I be no i fringement into the 100-year floodplain; and ➢ The average slop of the riparian area is not greater than 20%. [Refer to Code Section 18.797.1001 � ARRA�T)t�� The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings for all 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. Applicant should review code for applicable criteria. ��HAP-T�l��. _�_ � _ 18.330 �18.390 _ 18.520 � 18.715 �8.765 =�8.795 _ 18.350 �18.420 18.530 18.730 18.775 �8.797 _ 18.360 18.430 18.620 18.745 18.780 _ 18.800 _ 18.370 �18.510 � 18.705 _ 18.755 / 18.790 I�MPACT STUDI�� As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to include impact study with their submittal package. The impact study shall quantify the effect of the development on public 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 minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with 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. tRefer to Code Sectlona 18.390.040 and 18.390.0501 CRY OF T16ARD Pre�lpplicadoa Conf�ronce Not�s Page a oi 10 �s�a.n.i 4ruc.a•�n,■u.��w��..s•en.. NEI6NBORNOOD M G The AP LICA SHALL NOTIFY ALL PROPE OWNERS WITHIN 50 FEET D THE APPR PRIATE T FACILITATO of their proposal. A minimum of finro ( weeks betwe�n the mail' g date and th meeting dat is required. Please view the Land e Notification han�dout cerning site postin and the m ting notice. � * N TE: In order o also p eliminarily address building co stan�rds, a meeting with a Plans Examiner i enco aged prior to submittal af a land use application. [Refer to the Neighborho Meeting Handoutl UILDIN6 PERMITS� R 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 City's qolicy is to apply those system development credits to the first building.�ermit issued in the develo�ment (UNLESS OTHERWISE DIRECTED BY THE DEVELOPER AT THE TIME IN WHICH THE DEMOLITION PERMIT IS OBTAINED). R Ap icant should CONTA T FRANCHISE AULER F REVIEW AND APP VAL SITE SER ICING CO PATIBILI . Locating a ash/recycling e losure within a cle r vision are� such as at t e inters ction of two ( driveways ithin a parking lot i rohibited. M h of Tigard is �thin Pride 'sposal s Service area. Lenny ing is the contact per n and c be reached at ( �3) 625-617 [Refer to Code Chapter 18.7551 ADDITIONAL CONCERNS OR COMMENTS: C\ N y� / / l � / ` r ') f � �� 1 �' t (ryKf GtoCti�s,i...T A'r!C/•� Lir:e ��-t a7�lrt.[ /S . Ci1 �l� / !' _Sf^•�. l� � F Si � g n ��.. �.r w u•.1 1 fr a�/e . Z � ,� CITY Of T16AR� Pro-Appllcatlon Confe�nce Motes Page 9 of 10 R�slie�tl�l�ppllcttl�U►I�oalop Olvl:loo S�ctloo PROCED�IRF,� � Administrative Staff Review. _ Public hearing before the Land Use Hearings Officer. _ Public hearing before the Planning Commission. _ Public heanng before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications �ubmitted by mail or dro�ped off at the counter without Planning Division acceptance may be returned A�plications will NOT be accepted after 3:00 P.M. on Fridavs or 4:30 on other week a s. Ma�s submitted with an a�plication shall be folded IN ADVANCE to 8 5 l�y 11 inches. One (11 8'/:' x 11" reduced scale site plan of the pro.posed project should be submitted for attachment to the staff report or Administrative Decision A._palication with unfolded maps shall not be accepted. The Planning Division and Engineerin� Division 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. The administrative decision or public hearing will pically occur approximately 45 to 60 days after an application is accepted as being complete by the�lanning Division. Applications involving difficult or protracted issues or requiring review by other jurisdictions may take additional time to review. Written recommendations from the Planning staff are issued seven (7) days prior to the public hearing. A ten (10) business day, public appeal period follows all land use decisions. An appeal on this matter would be heard by the Ti�ard — �� - �^ � �cc� . A basic flow chart which illustrates the review process is availa I��the Planning Division upon request. 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 pa�ticular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. PL : The con erence and notes cannot cover all Code requirements and aspects related to site planning that should apply to the development of your site plan.. Failure of the staff to provide information reguired by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a .prospective, applicant either obtain and read the Communi Develo ment Code or ask an uestions of Ci ttaff relative to Code re uirements nor to submittin an a lication. 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 PRE-APPLICATION CONFERENCE, (unless deemed unnecessary by the Planning Division). PREPARED BY: �✓/,� �/��i�`��<< fITY OF TIGARD NNING DIYISION - STAfF PERSON HOLDING PRE-APP. MEETING PHONE: (S03) 639-4111 FAX: (503) 684-7297 E-MAIL- @ u.tigard.or.us TITLE 18[CITY OF TI6ARD'S COMMUNITY DEYELOPMENT CODEI INTERNET ADDRESS: ci.tigard.or.us i:lcurpl nlmasterslrevised�preapp-r.mst (Engineering section:preapp.eng)1 Updated: 1/28/99 CRY Of TI6ARD ��-AppllCatloo COnfOreoCe NetCS Page 10 of 10 �edq�tl�l Ap�ItatleUllaolo��Msln E�ctln � CITY OF TIGARD LAND USE APPLICATION CHECKLIST Please read this form carefully in coniunction with the notes provided to you at the pre- aoolication conference. This checklist identifies what is required for submittal of a complete land use application. Once an ap�lication is deemed complete by Community Development staff, a decision may be issued withtn 6-8 weeks. If you have additional questions after reviewing all of the information provided to you, please contact the staff person named below at the City of Tigard Planning Division, (503) 639-4171. Staff: .T'f�'��/�/�a��s ��3r.'�,:1 Date: �-� 1. BASIC INFORMATION ALL LAND USE APPLICATIONS REQUIRE THE FOLLOWING: � Completed Application Form with property owner's signature or name of agent and letter of authorization � Title transfer instrument or grant deed � Written summary of proposal � Narrative demonstrating compliance with all applicable development standards and approval criteria (as specified in the Pre-Application Conference notes) � Two (2) sets of stamped, addressed envelopes and a notarized list of all owners of property within 500 feet of the subject property. Mailing envelopes shall be legal-size, addressed with 1"x 4" labels � Documentary evidence of neighborhood meeting (if required} � Impact Study per Section 18.390.040.6.2.(e) � Copy of the Pre-Application Conference notes � Filing Fee 2. PLANS REQUIRED In addition to the above basic information, each type of land use application will require one or more of the following maps or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION (Section 5 of this checklist provides details on what information to include on each plan): �� Vicinity Map � Preliminary Grading/Erosion Control Plan CtY Existing Conditions Map � Preliminary Utilities Plan ❑ Subdivision Preliminary Plat Map � Preliminary Storm Drainage Plan l� Preliminary Pa�tition/Lot Line Adjustment Plan CY Tree Preservation/Mitigation Plan ❑ Site Development Plan ❑ Architectural Drawings ❑ Landscape Plan ❑ Sign Drawings [� Public Improvements/Streets Plan 3. NUMBER OF COPIES REQUIRED The City requires multiple copies of submittal materials. The number of copies required depends on the type of review process. FOR AN APPLICATION SUCH AS YOU ARE PROPOSING THE CITY REQUIRES /� COPtES OF ALL APPLICATION MATERIALS. City of Tigard Land Use Application Checklist Page 1 of 5 4. SPECIAL STUDIES AND REPORTS Because of the nature of your project and/or the site you propose to develop, THE FOLLOWING ADDITIONAL STUDIES WILL BE REQUIRED. These studies must be prepared by certified professionals with experience in the appropriate field: ❑ Traffic Study� ❑ Local Streets Traffic Study ❑ Wetlands/Stream Corridor Delineation and Report ❑ Habitat Area Evaluation ❑ Storm Drainage System Downstream Analysis ❑ Preliminary Sizing Calculations for Proposed Water Quality and/or Detentiori Facility ❑ Geotechnical Report ' ❑ Other 5. PREPARING PLANS AND MAPS Plans and maps should be prepared at an engineering scale (1" = 10/20/50/100/200') and include a north arrow, legend and date. The same scale should be used for all your plans. Where possible the City prefers the use of a scale that allows a site plan or subdivision plat to be shown on a single sheet. Architectural drawings may be prepared at an architectural scale. One copy of each plan must be submitted in photo-ready 8'/z x 11 format. THE FOLLOWING IS A LIST OF REQUIRED INFORMATION FOR EACH TYPE OF PLAN (If the plans you submit do not include all of the information requested because you feel it is not applicable, please indicate this and provide a brief explanation}. � . �J�9.rc ci.SG /�XcS� �icmity Map) _. _ � i�Si�re /'e �..%��C=i''IS � Showing the location of the site in relation to: `-��-r""""�e'� • Adjacent properties ❑ • Surrounding street system including nearby intersections ❑ • Pedestrian ways and bikeways ❑ • Transit stops ❑ • Utility access � ❑ xisting Conditions Map � Parcel boundaries, dimensions and gross area ❑ � Contour lines (2' intervals for 0-10% slopes or 5'for slopes >10%) ❑ � Drainage patterns and courses on the site and on adjacent lands ❑ � Potential natural hazard areas including: • Floodplain areas ❑ • Areas having a high seasonal water table within 24"of the surface for three or more weeks of the year ❑ • Slopes in excess of 25% ❑ • Unstable ground ❑ • Areas with severe soil erosion potential ❑ • Areas having severely weak foundation soils ❑ � Locations of resource areas including: • Wildlife habitat areas identified in the Comprehensive Plan ❑ • Wetlands ❑ � Other site features: • Rock outcroppings ❑ • Trees with >_6" caliper measured 4'from ground level ❑ � Location and type of noise sources ❑ � Locations of existing structures and their uses ❑ � Locations of existing utilities and easements ❑ � Locations of existing dedicated right-of-ways ❑ City of Tigard Land Use Application Checklist Page 2 of 5 � , . Subdivision Preliminary Plat Map � The proposed name of the subdivision ❑ � Vicinity map showing property's relationship to arterial and collector streets ❑ � Names, addresses and telephone numbers of the owner, developer, engineer surveyor and designer�as appiicabie� ❑ � Scale, north arrow and date ❑ � Boundary lines of tract to be subdivided � Names of adjacent subdivisions or names of recorded owners of adjoining parcels of unsubdivided land ❑ � Contour lines related to a City-established benchrnark at 2' intervals for 0-10%grades and 5' intervals for grades greater than 10°/a ❑ � The purpose, location, type and size of all of the following (within and adjacent to the proposed subdivision): • Public and private right-of-ways and easements ❑ • Public and private sanitary and storm sewer lines ❑ • Domestic water mains including fire hydrants ❑ • Major power telephone transmission lines (50,000 volts or greater) ❑ • Watercourses ❑ • Deed reservations for parks, open spaces, pathways and other land encumbrances ❑ • The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level ❑ • The location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting � ❑ � Supplemental information including: • Proposed deed restrictions (if any) ❑ • A proposed plan for provision of subdivision improvements ❑ � Existing natural features including rock outcroppings, wetlands and ma�sh areas � The proposed lot configurations, lot sizes and dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots ❑ � If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application materials ❑ �Preliminary a i ion o ine Adjustment Pla � The owner of the subject parcel ❑ � The owner's authorized agent ❑ � The map scale, north arrow and date ❑ � Proposed property lines ❑ � Description of parcel location and boundaries ❑ � Contour lines (2' intervals for slopes 0-10% or 5'for slopes >10%) ❑ � Location, width and names of streets, easements and other public ways within and adjacent to the parcel ❑ � Location of all permanent buildings on and within 25` of all property lines ❑ � Location and width of all water courses ❑ � Location of any trees with 6" or greater caliper at 4' above ground level ❑ � All slopes greater than 25% ❑ � Location of existing and proposed utilities and utility easements ❑ � Any applicable deed restrictions ❑ � Evidence that land partition will not preclude efficient future land division where applicable ❑ � Future street extension plan showing existing and potential street connections ❑ City of Tigard Land Use Application Checklist Page 3 of 5 ► , . Site Development Plan � The proposed site and surrounding properties ❑ � Contour line intervals ❑ � The locations, dimensions and proposed names of the following: . Existing and platted streets and other public ways ❑ • Easements on the site and on adjoining properties ❑ • Proposed streets or other public ways and easements on the site ❑ • Alternative routes of dead-end or proposed streets that require future extensions ❑ � The locations and dimensions of the following: • Entrances and exits on the site ' ❑ • Parking and circulation areas ❑ • Loading and service areas ❑ • Pedestrian and bicycle circutation ❑ • Outdoor common areas ❑ • Above ground utilities ❑ • Trash and recyclable material areas ❑ � The locations, dimensions and setback distances of the following: • Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25'of the site ❑ � • Proposed structures, improvements, utilities and easements on the site ❑ • Sanitary sewer facilities ❑ • Existing or proposed sewer reimbursement agreements ❑ • Storm drainage facilities and analysis of downstream conditions ❑ � Locations and type(s)of outdoor lighting considering crime prevention techniques ❑ � The locations of the following: • All areas to be landscaped ❑ • Mailboxes ❑ • Structures and their orientation ❑ Landscape Plan � Location of trees to be removed ❑ � Location, size and species of existing plant materials ❑ � General location, size and species of proposed plan materials ❑ � Landscape narrative that addresses: • Soil conditions and how plant selections were derived for them ❑ • Plans for soil treatment such as stockpiling the top soil ❑ • Erosion control measures that will be used ❑ � Location and description of the irrigation system where applicable ❑ � Location and size of fences, buffer areas and screening ❑ � Location of terraces, decks, shelters, play areas, and common open spaces ❑ ublic Improvements/Streets --_-- � Proposed right-of-way locations and widths ❑ � A scaled cross-section of all proposed streets plus any reserve strips ❑ � Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision ❑ City of Tigard Land Use Application Checklist Page 4 of 5 ' . ' � � . • ading/Erosion Control PI � The locations and extent to which grading will take place ❑ � Existing and proposed contour lines ❑ � Slope ratios ❑ i i 'es Plan � � Approximate plan and profiles of proposed sanitary and storm�ewers with grades and pipe sizes indicated on the plans ❑ � Plan of the proposed water distribution system, showing piPe sizes and the locations of valves and fire hydrants ❑ reliminary Storm rainage P a � The location of all areas subject to inundation or storm water overflow ❑ � Location,width and direction of flow of all water courses and drainageways ❑ � Location and estimated size of proposed storm drainage lines ❑ � Where applicable, location and estimated size and dimensions of proposed water quality/detention facility ❑ e Preservatio on P� � Identification of the location, size and species of all existing trees ❑ � Program to save existing trees or mitigate tree removal (Section 18.790.030) ❑ � A protection program defining standards and methods to be used during and after construction ❑ Architectural Drawings � Floor plans indicating the square footage of all structures and their proposed use ❑ � Elevation drawings for each elevation of the structure ❑ Sign Drawings � Specify proposed location, size and height ❑ i:l;curpin\masterslrevisedlchkl ist.doc 26-Nov-98 City of Tigard Land Use Application Checklist Page 5 of 5 PRE-APPLICATiON CONFERENCE HOTES ➢ ENGIHEERING SECTION Q ; 'Comm�un ty De e opment Shnping A Bett¢r - Communi t�l =� � �- PUBLIC FACILITIES � ��D � ri�P 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: ( ) to feet from centerline. ( ) to feet from centerline. ( ) to feet from centerline. ( ) to feet from centerline. Street improvements: ( ) street improvements will be necessary along , 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. CITY OF TI6ARD Pre-Applicatlon Conference Notes Page 1 of 6 FAC��hA9 DeO�ftY1011t Seetloa � . ( � stree �provements will be necessary alor � � ' to include: ❑ feet of pavement ❑ concrete curb p storm sewers and other underground utilities ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ( ) street improvements will be necessary along , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities p -foot concrete sidewalk p street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. ( ) street improvements will be necessary along , to include: ❑ feet of pavement ❑ concrete curb ❑ storm sewers and other underground utilities ❑ -foot concrete sidewalk � street trees , l ❑ street signs, traffic conZroo devices, streetlights and a two-year streetlight fee. �! � r ��V� ' � '�E� � / ' �. ' (✓j Section 18.164.120 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 I Z' /4�£ . Prior to R��N� � P�,-r , the applicant shall either place these utilities underground, or pay the fee in-lieu described above. CITY OF TIGARU Pre-Applfcatlon Conference Notes Page 2 of 6 EeYl�serin�Y�p�na�ot Ssctl�� , , . In,some cases, where stre� nprovements or other necessary p c improvements are not currently practical, the improvements may be deferred. In such cases, a condition of development approval may be specified which requires the property owner(s) to execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the formation of a local improvement district. The following street improvements may be eligible for such an agreement: (�.) Sw �Z� A�, (2.) Sanitary Sewers: The nearest sanitary sewer line to this property is a(n) P> inch line which is located �►� sv� `�Z"-' �- . The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to �-��-�-T � �r � (�� sc-��- Water SupplV: The �at�.,,�, ��,,,, �� I sz. - Phone:(503) Z`�'3��1 provides public water service in the area of this ite. This service provider should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, (503) 526-2469) 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. A downstream analysis will also likely be necessary to determine if runoff from the proposed development will cause adverse impacts to the existing storm system downstream of the site. • �.��'� �z-+N��t� �t�I'�-r� Q�aAcaE -1�� I �A�.ls�'C�a.1 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. 91-47, as amended by R&O 91-75) 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 CI'TY OF TI6ARD Pr�-Applicatlea Co��r�nce Notes �age 3 of 6 fa�la��rlo�Oe��rtmeat S�ctl�o , . , to.pay a fee in-lieu of con: �ting an on-site facility provided s� fic 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. �d�— Nrd.� N��e 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. Jf �� TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic Impact Fee program collects fees from new development based on the development's 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 o� when the TIF is greater than $5,000.00. � � F�-- r.t� I-k�� PERMITS En in�ing Department Permits: Any work within a public right-of-way in the City of Tigard requires a permit from the Engineering Department. There are finro types of permits issued by Engineering, as follows: � Street Opening Permit (SOP). This permit covers relatively minor work in a public right-of-way or easement, such as sidewalk and driveway installation or repair, and service connections to main utility lines. This work may involve open trench work within the street. The permittee must submit a plan of the proposed work for review and approval. The cost of this type of permit is calculated as 4% of the cost of the work and is payable prior to issuance of the permit. In addition, the permittee will be required to post a bond or similar financial security for the work. CITY OF TI6AR0 Prealpplicadan Conference Not�s Page 4 ei 6 E�llae�rta��eputmeot SeeU�� . ' om li e A Thi ermit covers mor ` 'v work � , , C p anc greerr (CAP). s p e .ensi e such as main utility line extensions, street improvements, etc. In subdivisions, this type of permit also covers all grading and private utility work. Plans prepared by a registered professional engineer must be submitted for review and approval. The cost of this permit is also calculated as 4% of the cost of the improvements, based on the design engineer's estimate, and is payable prior to issuance of the approved plan. The permittee will also be required to post a performance bond, or other such suitable security, and execute a Developer/Engineer Agreement which will obligate the design engineer to perform the primary inspection of the public improvement construction work. Prior to City acceptance of any permitted work, and prior to release of work assurance bond(s), the work shall be deemed complete and satisfactory by the City in writing. The permittee is responsible for the work until such time written City acceptance of the work is posted. NOTE: If an Engineering Permit is required,ihe applicant must obtaln 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 (SI�. 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. Building Permit (BUP). 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. CITY OF TI6ARO Pre-Applicadon Ce��rence Motes Page 5�t 6 E�llr��rle�Os�ulm�ot Sectloo � GI�J�DINV•PLAN REQUIREMENTS F0. JBDIYISIONS 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. f? � PREPARED BY: � —��'. I �.�., ''J �� 15 ENGINEERING DEPAR�MENT STAFF Phone: [5031639�4171 Fax: [50316841297 h:�patryVnasters�preapp.eng (Master section:preapp-r.mst) O t-Sept-98 � ! �4� CRY OF TI6ARD Pre-Applicadon Cemerence Notea Page 6 of 6 Eogl�serla�Oep�rtmset Seetlon ` ' ,� 4 1 . _. ..... .. . . , ......:�.. ..�....................��_.,_.._..�� P�e-AppS (CE) Meetirlt�' S� ; ; � ; , --Feb�Uary lsss -„-�-':`.;; } ,�_; �' ��,:; S M T W T F S ` ; .. � ' 3 ` - — — —:F ,. .'; x �: > 1 2 3 4 5 6 :>� ,, � t„ 7 8 9 10 11 12 13 �� a ' 14 15 16 17 18 19 20 > �� ;;,',� ' 21 22 23 24 25 26 27 :j '';28 Thursday, Fe r ' �: � b u� '�'� 'i 999 . : �`; , .. � s:oo � � 8:30 9:00 9:30 ..... ... . ....... _ ......: I 10 00 ��te�e F'err y, 245 ��$9� 9885 SVtiI S2nd Ave, �5126[�G-03009 10:30 . , , , , - .. > ,�;:.. . .. : ..�:.;�.... . .; _.�,W .........�.�.....>: 11:00 � 11:30 12:00 'I 12:30 : 1:00 1:30 j 2:00 ' 2:30 3:00 3:30 � 4:00 4:30 5:00 5:30 , 6:00 10:27AM Tuesday, February 02, 1999 - Pre-application ioformation Stephen William and Lorinda C. 9885 SW 92nd Ave. Portland, Oregon 97223 (503)-245-0089 (503)-452-8354.FAX The proposed lot division is located off Crreenburg road and is between Lehman and Coral Streets (please refer to site plan A). This is an old established neighborhood that contains a blend of new with older homes, many of the newer homes coming from lot divisions. Recently the said property was annexed into the City of Tigard, and the applicant would now like to separate the property into two legal separate lots. Proposed use shall be single family residence, which could possible be change do to the fact that the said property lies within the proposed Washington Square Regional Center. The property legal description is as follows; SITUS: 9885 SW 92� AVE LEHMANN ACRE TRACT, BLOCK D, LOT PTS 1& 8, PLUS VACATED STREET, ACRES .36 MAP: 1 S 126DC-03001 CODE AREA: 023.64 The purposed lot division has been already surveyed from the original purchase, which was a simple lot line adjustment. Wooden fences separate both north and south sides of the lot and a cyclone fence separates the east side. The new lot keeping with the single family should pose no adverse affect on the surrounding neighborhood. Drainage is adequate with a 1.5% downward slope from its northwest corner down to its southeast corner, which is along 92°d Ave. At this point water is taken down to a drainage ditch along Coral St. Please contact me with any further questions that you may have. Sincerely, �� `-� Stephen W. Perry July 6, 2000 ,; cmr oF ��ar� John T. Gibbon, Attorney at Law 333 South State Street OREGON Lake Oswego, OR 97034 Dear Mr. Gibbon: This is in response to your June 30, 2000 letter concerning property owned by Steve Perry. The Washington Square Town Center Plan was adopted by the City Council but implementation of plan and zone designations were delayed until a plan is developed for public facilities. For questions regarding implementation timing, call Laurie Nicholson. Pre-application conferences are good for six months. The pre-ap�lication for the Perry property was held on 2-11-99. It was for property at 9885 SW 92 d (1S126DC, Tax Lot 3001) not 9777 SW Locust Street. The 9885 SW 92�d property is now zoned R-4.5. Duplexes in this zone require 10,000 square feet. Duplexes also require Conditional Use approval. The property will be zoned R-12 when the Washington Square Plan is implemented. Dwelling units require 3,050 square feet each in that zone. Development conditions are normally applied when development occurs. Development includes partitioning. Actual conditions and timing are established at the time of the land use decision. If street improvements are required, they would be at the time of partitioning. Attached single-family units are permitted on separate lots of 5,000 square feet each in the R-4.5 zone. Attached single-family units require one-hour fire separation walls for each unit. Condominiums can be established through the provisions of state statutes as long as the property involved is under common ownership. Please refer requests for information on planning issues to Julia Hajduk and building issues to Bob Poskin. Sincerely, � � c� Richard H. Bewersdorff Planning Manager i:\curpin\dick\letters\john gibbon-steve perry.doc c: Julia Hajduk, Bob Poskin, Laurie Nicholson, Jim Hendryx, 2000 Planning correspondence file 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 - ' �� i2oi � . ' \� % � � .34,4r. � • w �� , ��_— ir9.o N. e��e s'w. sszs - , . _'`11 (CS 1�,�658a,� , � ax9s �� 1005 1000 1004 1003 1002 1001 � �� 1102 . 900 �a :�;I .c/Ac. .6/Ac. . ( .35Ac. .35 Ac I .35 Ac .35Ae .45Ac. ./6AG .16,q�. P � I� J � . � ! , N _I ' � � , �1� ~ " . "� 3 � I � • . 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"� ; � 11118/2C 38:07 PM A„ D-RI6 Cnt■1 8tn■6 J GREGORY 520.00 56.00 57 7.00•Total■537.00 After recording, return to: City of Tigard — Records Division 13125 SW Hall Blvd. ooases�zzoosoisssoaooaooas T� ard OR 97223 I,J�rry Nan�on,Dlnctorof A�s�um�nt�nd T�z�tlon ��`� 9 � and Ex•ORlelo County Cl�rk for Wuhlnpton County, �"� ' ��- Onpon,do h�nby wRly that th�wRhln In�trummt of%°� ��' vKltlnp wu nulwtl antl ncord�d In Ith�booN of �'"� . ��j��' ncord�ofsddcouMy. 11�,.,�� y��. � � r f�•n � . J�rry R.H�rnon,Dlnctor o�nm�nt�nd Ta�tlon,�;,`±�:�J, Ex�fflelo Courrty Cl�rk RESTRICTIVE COVENANT (FUTURE STREET IMPROVEMENTS) THIS AGREEMENT is sntered into this 21st day of October, 2003, by the City of Tigard, a Municipal Corporation of Washington County, Oregon, ("CITY"), and x Stephen W. Perry and Lorinda C. Perry �( , ("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 MLP2003-00008. dated 06/14/03, 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: �003- 0 �0 Parcels 1, 2 and 3 of Partition e�S�efnr-Plaf No. , recorded as Document No. �U p;�� 9380� 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 92"d Avenue Half-street improvements per City of Tigard standards. Restrictive Covenant(Future Street Improvements) Page 1 of 4 Revision tlate: 1/1N7 . � Section 3: This Agreement shall be in full force and effect from the date of its execution until the improvements refeRed 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 fiy 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 may be proposed or adopted and to waive all right to remonstrate against the improvements listed in Section 2 above, submitted either alone or in 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 properly 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) IIIIIIIII IIIII III'lll IIII III Page 2 of 4 2003-193804 aa�w„asir v+ro+ � . , � (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 �WNER 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 %z%) per month from the date the payment is due until paid. (2) Where the improvements listed in Section 2 are constructed by a third party, who seeks reimbursement in accordance with the Reimbursement District Ordinance, Chapter 13.09, TMC, or a 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) IIIIIIIII IIIII�IIIIII IIII III Page 3 of 4 reevs�axe u�ro� 2003-193804 �. _ _ 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): � � � ��- �, ��GGcJ � � Signature Si nature r, '��'�r�4...� 1..� i�'� t.-C:T�L�ti*A.� �- �2`-i Name (Print or Type) Name (Print or Type) �►.�.� C�..��-� .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 I�� or ) On this a I�-� day �C� b�v , 20Q�, before me a Notary Public, �� PM w Pe,�r�u c�d oy�n�0. (',�eX,-U personally appeared and acknowledged that the f regoing instru nt to be their voluntary act nd deed. .��.ti�-- Before me: � OFFICIAL SEAL Notary Public for Ore on DEBRA E. CAMPBELL ` NOTARY PUBLIC-OREGON COMMISSION N0.343039 My commission expires: O 2 i 3 �ao s" MY COMMISSION EXPIRES FEB, 13,2005 -,:�:---._ 3T" Accepted on behalf of the City of Tigard this Z l day of ��° �°'�'`� , 200.� P• Qt,-�..r.....L City Engineer NO CHANGE IN TAX STATEMENT �� Rwe�st�r�ctive Covenant (Future Street Improvements) IIIIIIIII IIIII III'lll IIII III Page 4 of 4 2003-193804 ��- � :� ��(L_��,�' � � " 1 ' \ � �. 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