MLP2003-00005 NOTICE OF TYPE II DECISION
' MINOR LAND PARTITION (MLP) 2003-00005
�, : CRY OFTIGARD
� ZIMMERMAN PARTITION Community lnever�t
SFiaping/'l�etterCommunity
120 DAYS = 07/23/03
SECTION I. APPLICATION SUMMARY
FILE NAME: ZIMMERMAN PARTITION
CASE NO: Minor Land Partition (MLP) MLP2003-00005
PROPOSAL: The applicant is requesting approval of a finro-lot partition on a parcel of land
containing approximately 27,393 square feet. This partition will create Parcel #1
with approximately 12,375 square feet, and parcel #2 with approximately 10,182
square feet in which the applicant intends to use as duplexes.
APPLICANT/ Charles & Linda Zimmerman
OWNER: 15854 SW 76th Avenue
Tigard, OR 97224
ZONING
DESIGNATION: 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.
LOCATION: 15940 SW 76�'Avenue; WCTM 2S112CD, Tax Lot 700.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and
Screening); 18.760 (Nonconforming Situations) 18.765 (Off-Street parking and
Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas);
18.810 (Street and Utility Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions. The findings and conclusions on which the
decision is based are noted in Section V.
NOTICE OF DECISION MLP2003-000�521MMERMAN PARTITION PAGE 1 OF 17
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CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
u mit to t e anning epartment at ew c ei egger, , ext. or review an
approval:
1. The applicant may determine the front yard, provided that no side yard is less than 10 feet.
2. Provide recorded documentation that establishes access and maintenance rights for the
individual parcels.
3. Provide a fire apparatus turn around that does not exceed the maximum allowable cross slope of
5 percent.
Submit to the Engineering Department (Brian Rager, 639,4171, ext. 2471) for review and
approval:
4. A Public�acility Improvement (PFI) permit is required.for this project to cover the sanitary sewer
tap in 76 Avenue and any other work m the public right-of-way.. Six (6) sets of detailed public
improvement plans shall be submitted for review to the Engineermg Department. NOTE: these
plans are in addition to any drawings required by the Building Division and should only include
sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall
conform to City of Tigard Public Improvement Design Standards, which are available at City Hall
and the City's web page (www.ci.tigard.or.us).
5. The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who will be designated as the "Permittee", and who will
provide the financial assurance for the public improvements. For example, specify if the entity is
a corporation, limited.partnership, LLC, etc. Also specify the state within which the entity is
incorporated and provide the name of the corporate contact person. Failure to provide accurate
information to the Engineering Department will delay processing of project documents.
6. Prior to approval of the final plat, the applicanYs engineer shall submit a certification of sight
distance to the City. Sight distance at the proposed access point shall meet AASHTO standards.
7. Prior to approval of the final plat, the ap licant shall obtain a Site Permit from the Building
Department to cover all grading for the lot s), all on-site private utility installation (water, sewer,
storm, etc.) and all driveway construction. NOTE: this permit is separate from a Public Facility
Improvement permit issued by the Engineering Department for work in the public right-of-way.
8. 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).
9. The final plat shall show a ROW dedication on 76�'Avenue to provide 27 feet from the centerline.
10. The applicant shall execute a Restrict�ve Covenant whereby they agree to complete or participate
in the future improvements of SW 76 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 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 im�rovements is deemed to be appropriate by the City Engineer
in conjunction with construction of improvements by others adjacent to the subject site.
11. The final ptat shall show a joint ingress/egress easement for benefit of Parcels 1 and 2.
NOTICE OF DECISION MLP2003-00005✓ZIMMERMAN PARTITION PAGE 2 OF 17
12. The applicanYs sanitary sewer plan could show the use of a public sewer lateral to provide
services to the two parcels, provided they plat the parcels as flag lots.
13. The applicant shall either place the existing overhead utility lines along SW 76�' Avenue
underground as a part of this project, or they shall pay the fee in-lieu of undergrounding The fee
shall be calculated by the fronta�e of the site that is parallel to the utility lines and will be $27.50
per lineal foot. If the fee option is chosen, the amount will be $3,685.00 and it shall be paid prior
to approval of the final plat.
14. 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 establishedby:
. GPS tie networked to the City's GPS survey.
. By random traverse using conventional surveying methods.
15. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice m Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/En ineering Permit Technicians, at (503)639-4171, ext. 426).
C. The final pla� and data or narrative shall be drawn to the minimum standards set forth by
the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
D. The right-of-way dedication for 76th Avenue shall be made on the final plat.
E. NOTE: Washington County will not begin their review of the final plat until they receive
notice from the Engineering Department indicatmg that the City has reviewed the final plat
and submitted comments to the applicant's surveyor.
F. After the City and County have reviewed the final plat, submit two mylar copies of the final
plat for City Engineer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
u mi to t e anning epartment at ew c e� egger, , ext. or review an
approval:
16. Provide street trees along the proposed private drive in compliance with the size and spacing
standards of Section 18.745.040.0 of the Tigard Development Code.
17. Provide a tree protection plan for all of the trees to be saved on and off-site that could potentially
be affected by construction. After the protection fencing is installed, the applicant must contact
The City's Forester for approval.
18. Develop both parcels as duplexes in order to insure that the minimum density can be met.
Submit to the Engineering Department (Brian Rager, 639-4171, ext. 2471) for review and
approval:
19. Prior to issuance of building permits, the applicant shall provide the Engineering Depa�tment with
a "photomylar" copy of the recorded final plat.
20. Prior to issuance of the building permit for Parcels 1 and 2, the applicant shall pay the standard
water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS).
NOTICE OF DECISION MLP2003-00005✓ZIMMERMAN PARTITION PAGE 3 OF 17
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THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) I
MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER �
THE PROCESS AND APPEAL SECTION OF THIS DECISION.
SECTION III. BACKGROUND INFORMATIDN
Pro ert Histo :
The su 1ect parcel is located within the City of Tigard. The property is designated Medium-Density
Residential on the Tigard Comprehensive Plan Map. A record search was conducted and three
previous land use cases are associated with this parcel (MLP95-0018/MIS95-0021 & MLP98-0010).
The previous applications were approved subject to conditions of approval, but the partition plats were
not recorded before approval expiration dates. The applicant has, therefore, resubmitted the partition
request.
Site Information and Pro osal Descri tions
he app icant is requesting approval to perForm a two-lot partition on a parcel of land containing
approximately 27,393 sq uare feet. This partition will create Parcel #1 with approximately 12,375 square
feet, and Parcel #2 witf� approximately 10,182 square feet in which the applicant infends to use as
duplexes.
SECTION IV. PUBLIC COMMENTS
No comments were received.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
Land Partitions (18.420�
The proposed partition complies with all statutory and ordinance requirements and regulations;
The proposed partition 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 under Chapter 18.810 (Street & Utility
Improvement Standards). Based on the analysis provided, herein, Staff finds that adequate public
facilities are available to serve the proposal. Therefore, this cnterion is met.
All proposed improvements meet City and applicable agency standards; and
The public facilities and proposed improvements are discussed and conditioned later in this decision
under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part
of the permit process and during construction, at which time the appropriate review authority will ensure
that City and applicable agency standards are met. Based on the analysis in this decision, Staff finds
that this cnterion is met.
All proposed lots conform to the specific requirements below:
The minimum width of the building envelope area shall meet the lot requirement of the applicable
zoning district.
NOTICE OF DECISION MLP2003-0000521MMERMAN PARTITION PAGE 4 OF 17
There is no minimum lot width required for the R-12 zoning district. Therefore, this standard does not
apply.
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. The proposed
partition creates two (2) fla� lots that are 12,375 and 10,184 square feet respectively. The proposed lot
size does not include the private dr'ive. Based on the findings, this criterion has been satisfied.
Each lot created through the partition process shall front a public right-of-way by at least 15 feet
or have a legally recorded minimum 15-foot wide access easement.
The proposed partition plat demonstrates that lot#1 will have 69.54 feet of frontage and proposed lot#2
will have 25 feet of frontage onto a 25 foot drive, (Tract "A") which connects direcfly to SW 76th Avenue.
Therefore, this standard has been met.
Setbacks shall be as required by the applicable zoning district.
Setbacks for the R-12 zoning district are 15 foot (front) 5 foot (side) and 15 foot (rear). Proposed parcel
#1 is developed with a singTe-family home that has a front yard setback of approximately 50 feet, an
eastern side yard setback of 5 feet, a western side yard setback of 43 feet and a rear yard setback of 5
feet. The existing home is considered nonconforming due to,the 5.81-foot rear yard setback which is
discussed later in this decision (18.760 nonconforming Situations). The proposed lots are considered
flag lots due to the private drive only serving two parcels. Therefore, the applicant is required to provide
a plan showing a minimum of 10-foot side yard setbacks for parcel #1. The applicanYs plans also show
how proposed parcel #1 can be partitioned in the future to create an additional parcel in order to meet
the required minimum density of 5 units. If and when the shadow parcel is created, the private access
drive can be considered as a private street, (Public and Private Streets are streets serving 3 or more
lots)thus only requiring 5-foot side yard setbacks. The proposed configuration shows the shadow parcel
would allow a 5-foot setback on the westem side of the existing home while meeting the minimum lot
size of the R-12 zoning district (3,050 sq. ft.). Setbacks for the future duplex of proposed parcel #2 will
be reviewed at time of building permits.
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.
The proposed parcels are considered to be fla lots due to the proposed access only serving two lots.
Therefore, the applicant may determine the fron�yard, provided that no side yard is less than 10 feet.
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 recreat�on areas for proposed development.
The proposed parcels will take access from a private tract. The private tract abuts the adjoining property
to the north and is screened from view with an existing wooden fence. Therefore, this standard has
been satisfied.
The fire district may require the installation of a fire hydrant where the length of an accessway
would have a detrimental effect on fire-fighting capabilities.
Fire district regulations are reviewed at the time of building permits. This criterion shall be addressed at
that time.
Where a common drive is to be provided to serve more than one lot, a reciprocal easement
which will ensure access and maintenance rights shall be recorded with the approved partition
map.
The proposed parcels will share a common drive. Therefore, the applicant is required to provide
recorded documentation that establishes access and maintenance rights for each individual parcel.
NOTICE OF DECISION MLP2003-0000521MMERMAN PARTITION PAGE 5 OF 17
Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and
Circulation.
This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision.
Where landfill and/or development is allowed within or adjacent to the one-hundred year
floodplain, the city shall require consideration of the dedication of sufficient open land area for
greenway adJoin�ng and within the floodplain. This area shall include portions at a suitable
elevat�on for the construction of a pedestrian/bicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan.
The subject property is adjacent to the 100 year floodplain of Fanno Creek. According to the Fanno
Creek Greenway Trail Action Plan, no pedestnan/bicycle pathway is required on the west side of Fanno
Creek. Therefore, no land is required to be dedicated.
An application for a variance to the standards prescribed in this chapter shall be made in
accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition
and variance(s)/adjustment(s) will be processed concurrently.
No variances or adjustments have been submitted with this application. Therefore, this standard does
not apply.
FINDING: Based on the analysis above, staff finds that the Minor Land Partition Standards have not
been met.
CONDITIONS:
. The applicant may determine the front yard, provided that no side yard is less than
10 feet.
. Provide recorded documentation that establishes access and maintenance rights
for the individual parcels.
Residential Zoning Districts (18.510):
Development standards in res�dential zoning districts are contained in Table 18.510.2 below:
TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
inimum ot ize
- Detached unit 3,050 sq. ft.
- Duplexes
-Attached unit 1
verage inimum ot i t one
aximum ot overa e o
inimum et ac s
- Front yard 20 ft.
- Side facing street on corner&through lots 20 ft.
- Side yard 10 ft.
- Rear yard 20 ft.
- Side or rear yard abutting more restrictive zoning district 30 ft.
- Distance between ro ert line and front of ara e 20 ft.
aximum ei t
inimum an sca e e uirement o
[1]Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping.
[2j Lot coverage indudes all buildings and impervious surfaces.
• Multiple-family dwelling unit
** Single-family dwelling unit
NOTICE OF DECISION MLP2003-0000521MMERMAN PARTITION PAGE 6 OF 17
A minimum lot size of 3,050 square feet is required for each lot. The proposed lot sizes of 12,375 and
10,184 square feet meet this standard. However, the setbacks of the existin structure on propose
parcel #1 do not meet the required setback standards. The rear yard setback of�he existin� structure is
approximately 5.81 feet. The home was constructed prior to 1983, and the requested partition does not
reconfigure the rear property line. Therefore, the rear yard setback for the existing home is considered
nonconforming which is addressed under 18.760 (Nonconforming Situations). The proposed parcels are
also considered flag lots, which require a minimum of 10-foot side yard setbacks. Setbacks for the
future duplex on parcel #2 will be reviewed at time of building permits.
FINDING: Based on the analysis above, the Residential Zoning District Standards have been met.
Access, Egress and Circulation �18.705�:
Continuing obli�ation of property owner. The provisions and maintenance of access and egress
stipulated in this title are cont�nuing requirements or the use of any structure or parcel of real
property in the City.
Access Plan requirements. No building or other permit shall be issued until scaled plans are
presented an approved as provided by this chapter that show how access, egress and
c�rculation requirements are to be fulfilled. The applicant shall submit a site plan. The Director
shall provide the applicant with detailed information about this submission requirement.
The applicant has provided a site plan showing a 25-foot wide accessway located in a tract (Tract "A")
for access, egress and circulation for proposed Parcel #1 and #2. The applicant has been conditioned
under 18.420 (Land Partitions) to submit recorded documentation fhat establishes access and
maintenance rights for the individual parcels for proposed Tract "A". Therefore, this standard has been
satisfied.
Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize
jointly the same access and egress when the combined access and egress of both uses,
structures, or parcels of land satisfies the combined requirements as designated in this title,
provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases
or contracts to establish the joint use• and copies of the deeds, easements, leases or contracts
are placed on permanent file with the G�ity.
Joint access is proposed through a private.access drive located in Tract "A". The applicant has been
conditioned earlier under 18.420 (Land Partitions) to provide documentation that establishes access and
maintenance rights for the individual parcels. Therefore, this standard has been satisfied.
Public street access. All vehicular access and egress as required in Sections 18.705.030H and
18.705.0301 shall connect directly with a public or private street approve by the City for public
use and shall be maintained at the required standards on a continuous basis.
The proposed parcels will have access onto SW 76th Avenue by means of a private tract (Tract "A").
The applicant has been conditioned under 18.420 (Land Partitions) to shown satisfactory evidence that
each parcel has the legal right to use the proposed Tract "A". Therefore, this standard has been
satisfied.
Inadequate or hazardous access. Ap�lications for building permits shall be referred to the
Commission for review when, in the opinion of the Director, the access proposed: Would cause
or increase existing hazardous traffic conditions; or would provide inadequate access for
emergency vehicles; or would in any other way cause hazardous conditions to exist which
would constitute a clear and present danger to the public health, safety, and general welfare.
Direct individual access to arterial or collector streets from single-family dwellings and duplex
lots shall be discouraged. Direct access to major collector or arterial streets shall be considered
only if there is no practical alternative way to access the site. In no case shall the design of the
service drive or drives require or facilitate the backward movement or other maneuvering of a
vehicle within a street, other than an alley. Single-family and duplex dwellings are exempt from
this requirement.
NOTICE OF DECISION MLP2003-00005/ZIMMERMAN PARTITION PAGE 7 OF 17
The proposed lots will take access from an existing private drive that connects to SW 76th Avenue which
is a local street. Tualatin Valley Fire and Rescue did not indicate that the access to the site is in any way
hazardous or constitute a clear and present danger. Therefore, this standard does not apply.
Access Manaqement (Section 18.705.030.H�
Section 18.70 .030.H. states that an access report shall be submitted with all new development
proposals which verifies design of driveways and streets are safe by meeting adequate stacking
needs, sight distance and deceleration standards as set by ODOT, Washington County, the City
and AASHTO.
The applicant's plar� shows sight distance triangles to the north and south of the proposed access
location onto SW 76 Avenue. The applicanYs engineer will need to provide a certification that adequate
sight distance will be achieved. This certification will need to be completed prior to approval of the final
plat.
Section 18.705.030.H.2 states that drivewa�s shall not be permitted to be �laced in the influence
area of collector or arterial street intersections. Influence area of intersections is that area where
queues of traffic commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet, measured from the right-
of-way line of the intersectin� street to the throat of the proposed drivewa�. The setback may be
�reater depending upon the 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.
There are no collector or arterial street intersections within 150 feet of the proposed access.
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 access is located on a local residential street, so this criterion does not apply.
Minimum access requirements for residential use. Private residential access drives shall be
provided and maintained in accordance with the provisions of the Uniform Fire Code.
Fire District regulations are reviewed at the time of building permits. This criterion shall be addressed at
that time.
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 min�mum width of 20 feet; c) The maximum cross slope of a required turnaround is 5%.
The access drive is approximately 186 feet in length. Therefore, the applicant is required to provide a
fire apparatus turn around that does not exceed the maximum allowable cross slope of 5 percent.
FINDING: Based on the analysis above, staff finds the Access, Egress and Circulation Standards
have not been met.
CONDITION: Provide a fire apparatus turn around that does not exceed the maximum allowable cross
slope of 5 percent.
Density Computations (18.715):
Definition of net development area. Net development area, in acres, shall be determined by
subtracting the following land area(s) from the gross acres, which is all of the land included in
the legal description of the property to be developed:
NOTICE OF DECISION MLP2003-00005/ZIMMERMAN PARTITION PAGE 8 OF 17
1. All sensitive land areas:
a. Land within the 100-year floodplain;
b. Land or slopes exceeding 25%;
c. Drainage ways; and
d. Wetlands.
2. All land dedicated to the public for park purposes;
3. All land dedicated for public rights-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.
4. All land proposed for private streets; and
5. A lot of at least the size required by the applicable base zoning district, if an existing
dwelling is to remain on the site.
Calculatin maximum number of residential units. To calculate the maximum number of
residentia units per net acre, divide the number of square feet in the net acres by the minimum
number of square feet required for each lot in the applicable zoning district.
Calculatin minimum number of residential units. As required 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 Subsection B above by 80% (0.8).
The standards for density computation deal with the intensity of residential land uses, usually stated
as the number of housing units per acre. The total square footage of the sub1�ect property is 27,394
square feet. However, to determine the net developable area, the square footage of the accesswa
(4,834 square feet) is subtracted as it is excluded from the lot area per TDC Section 18.120.089(g�
This results in a net developable area of 22,560 square feet. As the minimum lot size for the R-12
zone is 3,050 square feet (same for duplexes), the maximum number of residential units (single-
family or duplex) is seven (7). The minimum number of residential units is five (5): The property is
currently occupied with a single-family home which the applicant intends to convert into a duplex and
construct a second duplex on parcel #2. The applicant has shadow platted proposed parcel #1 to
show how minimum density can be met in the future (two duplex units and one single-family home).
Therefore, the applicant is required to develop both parcels as duplexes in order to insure that the
minimum density can be met.
FINDING: Based on the analysis above and the shadow plat provided, the Density Computation
Standards have not been met.
CONDITION: Develop both parcels as duplexes in order to insure that the minimum density can be met.
Landscaping and Screening (18.745):
Street trees: Section 18.745.040
ection 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.
The proposed private drive is approximately 185 feet in length; therefore, the applicant is required to
provide street trees along the private dnve in compliance with the size and spacing standards of
18.745.040.0 of the Tigard Development Code.
FINDING: Based on the analysis above, the Landscaping and Screening Standards have not been
met.
NOTICE OF DECISION MLP2003-00005JZIMMERMAN PARTITION PAGE 9 OF 17
CONDITION: Provide street trees along the proposed private drive in compliance with the size and
spacing standards of 18.745.040.0 of the Tigard Development Code.
Nonconforming Situations (18.760):
Nonconformin develo ment:
Where a lawfu structure exists at the effective date of adoption or amendment of this title that
could not be built under the terms of this title by reason of restrictions on lot area, lot coverage,
height, yard, equipment, its location on the lot or other requirements concerning the structure,
such structure may be continued so long as it remains otherwise lawful, subject to the following
provisions:
a. No such nonconforming structure may be enlarged or alter in a way which increases its
nonconformity but any structure or portion thereof may be enlarged or altered in a way that
satisfies the requirements of this title or will decrease its nonconformity;
The subject structure located on proposed parcel #1 has a rear yard setback of 5 feet. According to the
R-12 zoning district the structure should have a minimum rear yard setback of 15 feet. Washington
County Building DepartmenYs records indicate the structure was built in 1964, which is 19 years prior to
the effective date of the Tigard Development Code (1983). Therefore, the subject structure is
considered nonconforming. The applicant's request to partition the subject property and convert the
existing single-family dwefling into a duplex will not increase the nonconformity ofi the structure as long
as any addifions do not decrease the nonconforming setback.
b. Should such nonconforming structure or nonconforming portion of structure be destro�red by
any means to an extent of more than 60% of its current value as assessed by the Washington
County assessor, it shall not be reconstructed except in conformity with the provisions of this
title;
The applicant has not proposed to destroy the existing structure on proposed parcel #1; therefore this
standard does not apply at this time.
c. Should such structure be moved for any reason for any distance whatever, it shall thereafter
conform to the regulations for the zoning district in which �t is located after it is moved.
The applicant is not proposing to move the existing single-family structure as part of this application.
However, if the structure is ever moved, the applicant will be responsible for meeting the minimum
requirements for the R-12 zoning district.
Tree Removal (18.790�:
A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall
be provided for any lot„ parcel or combination of lots or parcels for which a development
application for a subd�vision, partition site development review, planned development or
conditional use is fled. Protection is pre�erred over removal wherever possible.
The applicant has indicated that there are a total of 12 trees located on the subject site that are greater
than 12-inches in diameter of which, only three (3) are to be removed. After review of the tree removal
plan, Staff has noticed that there are a total of 1'f trees over twelve inches that can be counted in the
mitigation calculation. The City of Tigard does not consider fruit trees when calculating mitigation. The
appiicant has included a 21-inch cherry tree in the mitigation calculation. In any case, the applicant is
retammg over 75 percent of the trees over twelve inches on-site. Therefore, no mitigation is required for
this parfition. However, the applicant has not submitted a protection plan for those trees to be saved.
Therefore, the applicant is required to provide a tree protection plan for all of the trees to be saved on
and off-site that could potentiall�r be affected by construction. Afte�the protection fencing is installed, the
applicant must contact The City s Forester for approval.
FINDING: Based on the analysis above, the Landscaping and Screening Standards have not been
met.
NOTICE OF DECISION MLP2003-00005JZIMMERMAN PARTITION PAGE 10 OF 17
CONDITION: Provide a tree protection plan for all of the trees to be saved on and off-site that could
potentially be affected by construction. After the protection fencing is installed, the
applicant must contact The City's Forester for approvaf.
Visual Clearance Areas (18.795):
� is hapter requires that a clear vision area shall be maintained on the corners of all property
adjacent to intersecting right-of-ways or the intersection of a public street and a private
driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or
temporary or permanent obstruction exceeding three (3) feet in height. The code provides that
obstructions that may be located in this area shall be visually clear between three (3) and eight
8 feet in height (8) (trees may be placed within this area provided that all branches below eight
8 feet are removed). A visual clearance area is the triangular area formed by measuring a
-foot distance points with a straight line.
The applicant's plans show no obstructions within visual clearance triangles associated with the project.
Therefore, this standard has been satisfied.
FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards have been
met.
IMPACT STUDY (18.390.0401:
Requires t at the applicant shall include an im pact study. The study shall address, at a
minimum the transportation system, including bikewa�s, the drainage system, the parks
system, t�e 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 propert� interests, the applicant shall either
specifically concur with the dedication of real property interest, or provide evidence which
supports the conclusion that the real property dedication requirement is not roughly
proportional to the projected impacts of the development.
The applicant has submitted an Impact Study that addresses the following systems:
Trans ortation S stem:
This evelopment ronts SW 76th Avenue. SW 76th Avenue is currently unimproved with approximately
25 feet of pavement. SW 76th Avenue does not have curb, gutter, or sidewalks and is classified as a
local residential street.
Drainaqe System:
The current storm water drainage for the site drains to the east into Fanno Creek. This application does
not propose to change the current dramage pattem. The existing house as well as a future house will
drain mto an infiltration trench/level spreader that will allow the storm water runoff to sheet flow to Fanno
Creek.
The applicant is choosing to pay a fee-in-lieu of ($210 for every 2,640 square feet of created impervious
area) to meet Clean Water Services water quality requirements. This development will create
approximately 2,640 square feet of new impervious area ($210) by creating one additional buildable lot
(Parcel 2).
Park S stem:
is eve opment is not proposing to donate any land to the City of Tigard for open space or parks.
Water S stem:
ere is currently an existing water service serving the existing house that will be located on Parcel #1.
This development will add three water services to serve the additional dwelling unit on Parcel #1 and the
duplex on Parcel #2. The water services will tap into the existing water main located in SW 76th
Avenue.
Sewer S stem:
e current house is being served by a sewer lateral from SW 76th Avenue. The existing lateral,will be
abandoned with this development. A public sanitary sewer main will be built to the east approximately
200 feet from the existing mam in SW 76th Avenue with laterals that will serve the four proposed units.
NOTICE OF DECISION MLP2003-00005JZIMMERMAN PARTITION PAGE 11 OF 17
Noise Im acts:
e propose development is a residential partition which will create two additional residential parcels
and three additional dwelling units. This development should not generate any extraordinary noise
impacts to the surrounding neighborhood.
Rough Proportionality:
Any required street improvements to certain collector or higher volume streets and the Washington
County Traffic Impact Fee (TIF) are mitigation measures thaf are required at the time of development.
Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan
II/Resolution 95-61, TIF's are expected to recapture 32 percent of the tra�c impact of new development
on the Collector and Arterial Street system. Presently, the TIF for each trip that is generated is $239.
The total TIF for a single-family dwelling is $2,390 per unit.
Upon completion of this development, the future builders of the residences will be required to pay TIF's
of approximately $4,780 ($2,390 x 2 single-family dwelling units. Based on the estimate that total TIF
fees cover 32 percent of the impact on ma�or street improvements ci ide, a fee that would cover 100
percent of this projects traffic impact is $14,937 ($4,780 divided by .32�The difference befinreen the TIF
paid and the full impact, is considered an unmitigated impact. Since the TIF paid is $4,780, the
unmitigated impact can be valued at $10,157. The estimated cost of the dedication of 252 square feet x
$3.00 = $756.00. As the value of the proposed improvements is less than the remaining unmitigated
impact, it is clearly proportionate to exact these improvements.
PUBLIC FACILITY CONCERNS
Street And Utility Improvements Standards (Section 18.810�
a� er . proviaes cons ruc ion s an ar s or t�ie 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 54-foot right-of-way width and a 32-foot paved section. Other improvements
required may include on-street parking, sidewalks and bikeways, underground utilities, street
lighting, storm drainage, and street trees.
This site lies adjacent to SW 76�' Avenue, which is classified as a local residential street on the City of
Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerline,
accordmg to the most recent tax assessor's map. The applicant should dedicate additional ROW to
provide 27 feet from the centerline.
SW 76�' 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 wit �ity 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, 6y itself, provide a
significant improvement to the street safety or capacity. Although this development will incrementally
increase the amount of traffic on the roadway, the increase will not substantially degrade the level of
service on the street. A street improvement ad�acent to this site, therefore, will not significantly improve
the safety or capacity of the street. In addition, 18.810.030(A)(5)(e) states that a guarantee in lieu of
street improvements is acceptable if the proposal is a land partition on property zoned residential and
the partition does not create any new streets. This partition.will not create a new street. Based on these
code provisions, Staff therefore recommends that the applicant be required to enter into an agreement
with the City whereby the owner agrees to participate in any future widening project for the street carried
out by the City, a third party, or through a local improvement district. This agreement must be executed
NOTICE OF DECISION MLP2003-00005/ZIMMERMAN PARTITION PAGE 12 OF 17
prior to approval of the final plat. The applicant indicated in their narrative that they concur with the
execution of 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 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�xisting 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.
The subJ'ect site is exempt to the block size standard due to the subject property being adjacent to Fanno
Creek. Therefore, this standard does not apply.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements
or right-of-ways shall be provided when full street connection is not possible. Spacing between
connections shall be no more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict adherence to other standards
in the code.
The subject site is located adjacent to Fanno Creek. Therefore, this standard does not apply.
Lots - Size and Shape: Section 18.810.060(A) �rohibits lot depth from bein� more than 2.5 times
the average lot width, unless the parcel is ess than 1.5 times the minimum lot size of the
applicable zoning district.
The width of the larg est lot is 155 lineal feet. The depth of the largest lot is approximately 109 lineal feet.
Therefore, the depth of the propose lots will not be 2.5 times the average lot width.
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,
wh�ch requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide
recorded access easement. In cases where the lot is for an attached single-family dwelling unit,
the frontage shall be at least 15 feet.
The smallest of the proposed lots has 25.1 feet of frontage onto SW 76th Avenue via a private access
drive. Therefore, this standard has been met.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design
standards and be located on both sides of arterial, collector and local residential streets. Private
streets and industrial streets shall have sidewalks on at least one side.
By entering into the agreement for future street improvements for 76th Avenue, this criterion will be met.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 1996 and including any future revisions or
amendments) and the adopted policies of the comprehensive plan.
Over-siziny: Section 18.810.090.0 states that proposed sewer systems shall include
considerat�on of additional development within the area as projected by the Comprehensive
Plan.
NOTICE OF DECISION MLP2003-0000521MMERMAN PARTITION PAGE 13 OF 17
There is an 8-inch public sanitary sewer line in 76th Avenue that can adequately serve this site. The
applicant is showing a public sewer Ime to be extended in the private driveway tract. The ap licant could
actually save money on this project by creating two flag lots (versus the creation of Tract A�and extend
finro separate sanitary sewer laterals from the main line. They can further save money by first installing a
public sewer lateral from the main, which limits the connection to one tap and results in one 6-inch public
lateral that terminates at the ROW line. From there, a e connection and cleanout splits the service
into two private laterals that can be extended easterly wi�in each flag pole portion of the new parcels.
The portion of the lateral beyond the cleanout will be covered by the plumbing permit for the project.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make adequate provisions for
storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other
drainage facility shall be large enough to accommodate potential runoff from its entire upstream
drainage area, whether inside or oufside the development. The City Engineer shall approve the
necessary size of the facility, based on the provisions of Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and
including any future revisions or amendments).
No u pstream drainageways affect this site. Fanno Creek is located to the east of the site, but does not
directly impact the creation of these parcels.
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 develoQment until
provisions have been made for improvement of the potential condition or until provisions have
been made for storage of additional runoff caused by the development in accordance with the
Design and Construction Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or amendments).
Since Fanno Creek is adjacent to the site, onsite detention is not preferred. The applicant's plan shows
that the storm water from each parcel can be discharged in a controlled manner through the creek buffer
area by way of an infiltration trench. This method controls the release of the storm water by sheet flow
action. This will prevent a point discharge impact on the creek and will allow further polishing of the
storm water as it filters through the riparian buffer area.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed
bikeways identified on the City's adopted pedestrian/bikeway plan shall include prov�sions for
the future extension of such bikeways through the dedication of easements or right-of-way.
SW 76�' Avenue is not identified on the City's pedestrian/bikeway plan. Therefore, this standard does
not apply.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes and
meter cabinets which may be placed above round, tem porary utility service facilities during
construction, high capacity electric lines opera�ing at 50,000 volts or above, and:
. The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
. The City reserves the right to approve location of all surface mounted facilities;
. All underground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
. Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
NOTICE OF DECISION MLP2003-00005/ZIMMERMAN PARTITION PAGE 14 OF 17
Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall
pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a
street where existing utilities which are not underg round will serve the development and the
approval authority determines that the cost and technical difficulty of under-g rounding the
utilities outweighs the benefit of under-grounding in conjunction with the development. The
determination shall be on a case-by-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 76th 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
firontage along this site is 134 lineal feet; therefore the fee woufd be $3,685.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
STANDARDS:
Public Water System:
This site will be served from a City water line in 76�' Avenue. New water laterals will be extended to
each parcel upon construction of the new homes.
Storm Water Qualit :
The City as agreed to enforce Surtace 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 Parcels 1 and 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.
Site Permit Required:
The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private
utility installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained
prior to approval of the final plat.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within
the Urban Service Boundary (USB}. An addressing fee in the amount of $30.00 per address shall be
assessed. This fee shall be paid to the City prior to approval of the final plat.
For this project, the addressing fee will be $60.00.
The developer will also be required to provide signage at the entrance of each shared flag lot driveway
or private street that lists the addresses that are served by the given driveway or street. This will assist
emergency services personnel to more easily find a particular home.
Surve Re uirements
The applicant s 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 nefinrork (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
established by:
NOTICE OF DECISION MLP2003-00005/ZIMMERMAN PARTITION PAGE 15 OF 17
. GPS tie nefinrorked to the City's GPS survey.
. By random traverse using conventional surveying methods.
In addition, the ap p.licant's as-built drawings shall be tied to the GPS network. The applicant's engineer
shall provide the City with an electronic file with points for each structure (manholes, catch basins, water
valves, hydrants and other water system features in the development, and their respective X and Y
State Plane Coordinates, referenced to NAD 83 (91�.
SECTION VI. OTHER STAFF COMMENTS
City of Tigard Water Department has reviewed the proposal and has offered the following comments:
. It appears by the number of new water service lines that future partitions are expected to take
place. If this is not the case, only 2-new water service lines will be needed.
. Due to distance of private plumbing, one meter will be required.
. Location of water services to be in landscape area only.
City of Tigard Police Department has reviewed the proposal and has no objection to it.
City of Tigard Long Range Planning Department has reviewed the proposal and has offered the
following comments:
. Property is located within the Fanno Creek Greenway Corridor. All proposed greenway trail
alignments are located on the opposite or east side of the creek.
SECTION VII. AGENCY COMMENTS
City of Tualatin has reviewed the proposal and has no objections to it.
Tri-Met has reviewed the proposal and has no objections to it
Tualatin Valley Fire and Rescue has reviewed the proposal and has offered the following comments.
I have reviewed the submittal for the above named project and have the following comments:
�� FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access
roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as
measured by an approved route around the exterior of the building. An approved turnaround is
required if the remaining distance to an approved intersecting roadway, as measured along the fire
apparatus access road, is greater than 150 feet. (UFC Sec. 902.2.1)
A turnaround is not required for this development.
2� SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS: Fire hydrants for single family
dwellings, duplexes and sub-divisions, shall be placed at each intersection. Intermediate fire
hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an intersection
as measured in an approved manner around the outside of the structure and along approved fire
apparatus access roadways. Placement of additional fire hydrants shall be as approved by the
Chief. (UFC Sec. 903.4.2.2)
The fire hydrant located near the development on 76th is adequate.
NOTICE OF DECISION MLP2003-0000521MMERMAN PARTITION PAGE 16 OF 17
r
s> SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for
single family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) is (are)
3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix
Table A-III-A-1. (UFC Appendix III-A, Sec. 5)
Please contact me at (503) 612-7010 with any additional questions.
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice: Notice was mailed to:
X The applicant and owners
� Owner of record within the required distance
� Affected govemment agencies
Final Decision:
THIS DECISION IS FINAL ON MAY 15, 2003 AND BECOMES
EFFECTIVE ON MAY 31, 2003 UNLESS AN APPEAL IS FILED.
�Ap�eal:
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may
appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development
Code which provides that a written appeal together with the required fee shall be filed with the Director
within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule
and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard,
Oregon 97223.
Unless the applicant is the appellant,.the hearing.on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that
may be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 30, 2003.
Questions:
yT��e any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503) 639-4171.
-� �� -- - �� May 15, 2003
PREPARED BY: at Schei ger DATE
` Assistant Planner
May 15 , 2003
APPROVED BY: Richard H. B rsdorff DATE
Planning Manager
i/curpin/mathew/mlp/mIp2003-00005.dec
NOTICE OF DECISION MLP2003-0000521MMERMAN PARTITION PAGE 17 OF 17
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Ma is not to scale
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2003-00005
CITY OF TIOARD
ZIMMERMAN PARTITION Community I�eveCopment
ShapingA BetterCommunity
120 DAYS = 07/23/03
SECTION I. APPLICATION SUMMARY
FILE NAME: ZIMMERMAN PARTITION
CASE NO: Minor Land Partition (MLP) MLP2003-00005
PROPOSAL: The applicant is requesting approval of a two-lot partition on a parcel of land
containing approximately 27,393 square feet. This partition will create Parcel #1
with approximately 12,375 square feet, and parcel #2 with approximately 10,182
square feet in which the applicant intends to use as duplexes.
APPLICANT/ Charles & Linda Zimmerman
OWNER: 15854 SW 76th Avenue
Tigard, OR 97224
ZONING
DESIGNATION: 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.
LOCATION: 15940 SW 76th Avenue; WCTM 2S112CD, Tax Lot 700.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and
Screening); 18.760 (Nonconforming Situations) 18.765 (Off-Street parking and
Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas);
18.810 (Street and Utility Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in the full decision, available at City Hall.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
All documents and applicable criteria in the above-noted file are available for inspection at no cost or
copies can be obtained for finrenty-five cents (25�) per page, or the current rate charged for copies at the
time of the request.
SECTION III. PROCEDURE AND APPEAL INFORMATION
Notice:
of�tice mailed to:
X The applicant and owners
i �! Owner of record within the required distance
�— Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON MAY 15, 2003 AND BECOMES
EFFECTIVE ON MAY 31, 2003 UNLESS AN APPEAL IS FILED.
Appeal:
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may
appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community
Development Code which provides that a written appeal together with the required fee shall be filed
with the Director within ten (10) business days of the date the Notice of Decision was mailed. The
appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, 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 MAY 30, 2003.
Questions:
For further information please contact the Planning Division Staff Planner, Mathew Scheidegger at
(503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
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" NDOR OR SELLER:
NOTICE TO UIORTGAGEE, LIENHOL�ER,VE
THE TIGARD DEVELOPMENT CODE REQIJIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
NOTICE OF PENDING LAND USE APPLICATION CITYOFTIGARD
MINOR LAND PARTITION Community�DeveCopment
ShapingA�etterCommunity
DATE OF NOTICE: March 27, 2003
Fi�E NuMBER: MINOR LAND PARTITION (MLP) 2003-00005
FILE NAME: ZIMMERMAN PARTITION
PROPOSAL: The applicant is requesting approval to perform a two-lot partition on a parcel of land
containing approximately 27,393 square feet. This partition will create Parcel #1 with
approximately 12,375 square feet, and Parcel#2 with approximately 10,182 square feet.
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 18.390, 18.420, 18.510,
18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810.
LOCATION: 15940 SW 76�'Avenue;WCTM 2S112CD, Tax Lot 700.
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS:
Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to
submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT
5:00 PM ON APRIL 10, 2003. All comments should be directed to Mathew Scheidegger, Assistant Planner in the
Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of
Tigard by telephone at (503) 639-4171.
ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIfIED
ABOYE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS.
THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL
BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS
TENTATIVELY SCHEDULED FOR MAY 1, 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.
- -- �
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Failure of any party to address the relevant approval criteria with sufficient specificity may preclude
subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings
directed at the relevant approval criteria are what constitute relevant evidence.
AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE
DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN
500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE
ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED
UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH
CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION.
SUMMARY OF THE DECISION-MAKING PROCESS:
. The application is accepted by the City
. Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-
day written comment period.
. The application is reviewed by City Staff and affected agencies.
. City Staff issues a written decision.
. Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all
owners of record of property located within 500 feet of the site, as shown on the most recent property tax
assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any
governmental agency which is entitled to notice under an intergovernmental agreement entered into with the
City which includes provision for such notice or anyone who is otherwise entitled to such notice.
INFORMATION/EVIDENCE AVAILABLE FOR REVIEW:
The application, written comments and supporting documents relied upon by the Director to make this decision are
contained within the record and are available for public review at the City of Tigard Community Development
Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this
service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of
this Notice under the section titled "Your Right to Provide Written Comments."
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MEMORANDUM
CITY OF TIGARD, �REGON
DATE: May 2, 2003
TO: Matt Scheidegger, Assistant Planner
FROM: Brian Rager, Development Review Engineer �
RE: MLP 2003-00005, Zimmerman 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.
The applicant's plan shows sight distance triangles to the north and south of the
proposed access location onto SW 76th Avenue. The applicanYs engineer will
need to provide a certification that adequate sight distance will be achieved. This
certification will need to be completed prior to approval of the final plat.
Section 18.705.030.H.2 states that driveways shall not be permitted to be
placed in the influence area of collector or arterial street intersections.
Influence area of intersections is that area where queues of traffic
commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet,
measured from the right-of-way line of the intersecting street to the throat
of the proposed driveway. The setback may be greater depending upon the
influence area, as determined from City Engineer review of a 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.
There are no collector or arterial street intersections within 150 feet of the
proposed access.
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 2003-00005 Zimmerman Partition PAGE 1
This access is located on a local residential street, so this criterion does not
apply.
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 54-foot right-of-way width and a 32-foot
paved section. Other improvements required may include on-street parking,
sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
This site lies adjacent to SW 76th Avenue, which is classified as a local
residential street on the City of Tigard Transportation Plan Map. At present,
there is approximately 25 feet of ROW from centerline, according to the most
recent tax assessor's map. The applicant should dedicate additional ROW to
provide 27 feet from the centerline.
SW 76th Avenue is paved but not fully improved to City standards. TMC
18.810.030(A)(1) states that streets within a development and streets adjacent
shall be improved in accordance with City standards. However, 18.810.030(A)(5)
states that the City may accept a future improvement guarantee in lieu of street
improvements if the improvement associated with the project does not, by itself,
provide a significant improvement to the street safety or capacity. Although this
development will incrementally increase the amount of traffic on the roadway, the
increase will not substantially degrade the level of service on the street. A street
improvement adjacent to this site, therefore, will not significantly improve the
safety or capacity of the street. In addition, 18.810.030(A)(5)(e) states that a
guarantee in lieu of street improvements is acceptable if the proposal is a land
partition on property zoned residential and the partition does not create any new
streets. This partition will not create a new street. Based on these code
provisions, Staff therefore recommends that the applicant be required to enter
ENGINEERING COMMENTS MLP 2003-00005 Zimmerman Partition PAGE 2
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 applicant indicated in their narrative that they
concur with the execution of 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
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.
ENGINEERING COMMENTS MLP 2003-00005 Zimmerman Partition PAGE 3
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 entering into the agreement for future street improvements for 76th Avenue,
this criterion will be met.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be
installed to serve each new development and to connect developments to
existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as
adopted by Clean Water Services in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive
plan.
Over-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 8-inch public sanitary sewer line in 76th Avenue that can adequately
serve this site. The applicant is showing a public sewer line to be extended in
the private driveway tract. The applicant could actually save money on this
project by creating two flag lots (versus the creation of Tract A) and extend two
separate sanitary sewer laterals from the main line. They can further save
money by first installing a public sewer lateral from the main, which limits the
connection to one tap and results in one 6-inch public lateral that terminates at
the ROW line. From there, a wye connection and cleanout splits the service into
finro private laterals that can be extended easterly within each flag pole portion of
the new parcels. The portion of the lateral beyond the cleanout will be covered
by the plumbing permit for the project.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make
adequate provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a
culvert or other drainage facility shall be large enough to accommodate
potential runoff from its entire upstream drainage area, whether inside or
ENGINEERING COMMENTS MLP 2003-00005 Zimmerman Partition PAGE 4
outside the development. The City Engineer shall approve the necessary
size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or
amendments).
No upstream drainageways affect this site. Fanno Creek is located to the east of
the site, but does not directly impact the creation of these parcels.
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 Fanno Creek is adjacent to the site, onsite detention is not preferred. The
applicant's plan shows that the storm water from each parcel can be discharged
in a controlled manner through the creek buffer area by way of an infiltration
trench. This method controls the release of the storm water by sheet flow action.
This will prevent a point discharge impact on the creek and will allow further
polishing of the storm water as it filters through the riparian buffer area.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments
adjoining proposed bikeways identified on the City's adopted
pedestrian/bikeway plan shall include provisions for the future extension of
such bikeways through the dedication of easements or right-of-way.
SW 76th Avenue is not classified as a bike facility.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those
required for electric, communication, lighting and cable television services
and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at
50,000 volts or above, and:
ENGINEERING COMMENTS MLP 2003-00005 Zimmerman Partition PAGE 5
• 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 76th 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 134 lineal feet;
therefore the fee would be $ 3,685.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND
UTILITY IMPROVEMENT STANDARDS:
Public Water System:
This site will be served from a City water line in 76th Avenue. New water laterals
will be extended to each parcel upon construction of the new homes.
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
ENGINEERING COMMENTS MLP 2003-00005 Zimmerman Partition PAGE 6
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 Parcels 1 and
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.
Site Permit Required:
The applicant is required to obtain a Site Permit from the Building Division to
cover all on-site private utility installations (water, sewer, storm, etc.) and
driveway construction. This permit shall be obtained prior to approval of the final
plat.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the
City of Tigard and within the Urban Service Boundary (USB). An addressing fee
in the amount of$ 30.00 per address shall be assessed. This fee shall be paid to
the City prior to approval of the final plat.
For this project, the addressing fee will be $60.00.
The developer will also be required to provide signage at the entrance of each
shared flag lot driveway or private street that lists the addresses that are served
by the given driveway or street. This will assist emergency services personnel to
more easily find a particular home.
Survey Requirements
The applicanYs final plat shall contain State Plane Coordinates [NAD 83 (91)] on
finro monuments with a tie to the City's global positioning system (GPS) geodetic
control network (GC 22). These monuments shall be on the same line and shall be
of the same precision as required for the subdivision plat boundary. Along with the
coordinates, the plat shall contain the scale factor to convert ground measurements
to grid measurements and the angle from north to grid north. These coordinates
can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
ENGINEERING COMMENTS MLP 2003-00005 Zimmerman Partition PAGE 7
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 basins, water valves, hydrants and other
water system features) in the development, and their respective X and Y State
Plane Coordinates, referenced to NAD 83 (91).
Recommendations:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
APPROVAL OF THE FINAL PLAT:
Submit to the Engineering Department (Brian Rager, 639-4171, ext. 318) for
review and approval:
. A Public Facility Improvement (PFI) permit is required for this project to
cover the sanitary sewer tap in 76th Avenue and any other work in the public
right-of-way. Six (6) sets of detailed public improvement plans shall be
submitted for review to the Engineering Department. NOTE: these plans are
in addition to any drawings required by the Building Division and should only
include sheets relevant to public improvements. Public Facility Improvement
(PFI) permit plans shall conform to City of Tigard Public Improvement
Design Standards, which are available at City Hall and the City's web page
(www.ci.tigard.or.us).
. The PFI permit plan submittal shall include the exact legal name, address
and telephone number of the individual or corporate entity who will be
designated as the "Permittee", and who will provide the financial assurance
for the public improvements. For example, specify if the entity is a
corporation, limited partnership, LLC, etc. Also specify the state within which
the entity is incorporated and provide the name of the corporate contact
person. Failure to provide accurate information to the Engineering
Department will delay processing of project documents.
. Prior to approval of the final plat, the applicant's engineer shall submit a
certification of sight distance to the City. Sight distance at the proposed
access point shall meet AASHTO standards.
. Prior to approval of the final plat, the applicant shall obtain a Site Permit from
the Building Department to cover all grading for the lot(s), all on-site private
utility installation (water, sewer, storm, etc.) and all driveway construction.
NOTE: this permit is separate from a Public Facility Improvement permit
issued by the Engineering Department for work in the public right-of-way.
ENGINEERING COMMENTS MLP 2003-00005 Zimmerman Partition PAGE 8
. 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 final plat shall show a ROW dedication on 76�h Avenue to provide 27
feet from the centerline.
. The applicant shall execute a Restrictive Covenant whereby they agree to
complete or participate in the future improvements of SW 76th Avenue
adjacent to the subject property, when any of the following events occur:
A. when the improvements are part of a larger project to be financed or
paid for by the formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or
paid for in whole or in part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed
by a third party and involves the sharing of design and/or construction
expenses by the third party owner(s) of property in addition to the
subject property, or
D. when construction of the improvements is deemed to be appropriate
by the City Engineer in conjunction with construction of improvements
by others adjacent to the subject site.
. The final plat shall show a joint ingress/egress easement for benefit of
Parcels 1 and 2.
. The applicanYs sanitary sewer plan could show the use of a public sewer
lateral to provide services to the two parcels, provided they plat the parcels
as flag lots.
. The applicant shall either place the existing overhead utility lines along SW
76th Avenue underground as a part of this project, or they shall pay the fee
in-lieu of undergrounding. The fee shall be calculated by the frontage of the
site that is parallel to the utility lines and will be $ 27.50 per lineal foot. If the
fee option is chosen, the amount will be $ 3,685.00 and it shall be paid prior
to approval of the final plat.
. The applicant's final plat shall contain State Plane Coordinates on two
monuments with a tie to the City's global positioning system (GPS) geodetic
control nefinrork (GC 22). These monuments shall be on the same line and
shall be of the same precision as required for the subdivision plat boundary.
Along with the coordinates, the plat shall contain the scale factor to convert
ground measurements to grid measurements and the angle from north to
grid north. These coordinates can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
ENGINEERING C�MMENTS MLP 2003-00005 Zimmerman Partition PAGE 9
. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared
by a land surveyor licensed to practice in Oregon, and necessary data or
narrative.
B. Attach a check in the amount of the current final plat review fee
(Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext.
426).
C. The final plat and data or narrative shall be drawn to the minimum
standards set forth by the Oregon Revised Statutes (ORS 92.05),
Washington County, and by the City of Tigard.
D. The right-of-way dedication for 76th Avenue shall be made on the final
plat.
E. NOTE: Washington County will not begin their review of the final plat
until they receive notice from the Engineering Department indicating that the
City has reviewed the final plat and submitted comments to the applicanYs
surveyor.
F. After the City and County have reviewed the final plat, submit two
mylar copies of the final plat for City Engineer 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 1 and 2, the applicant
shall pay the standard water quality and water quantity fees per lot (fee
amounts will be the latest approved by CWS).
i:lengVbri anAcom m e ntslm IpM Ip2003-00005.doc
ENGINEERING COMMENTS MLP 2003-00005 Zimmerman Partition PAGE 10
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REQUEST FOR COMMENTS CITYOFTIGARD
�ommunity 1�eveCopment
SfapingA Better Community
DATE: March 27,2003
T0: Matt Stine,Urban Forester/Public Works Annex ��I�/�j1���
FROM: City of'Iigard Planning Division m�R ,� � zD;Q�
STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x24311 �������
Phone: [503)639-4111/Fax: [5031684-7297
MINOR LAND PARTITION[MLPI 2003-00005
➢ ZIMMERMAN PARTITION Q
REQUEST: The applicant is requesting approval to perform a two-lot partition on a parcel of land
containing approximately 27,393 square feet. This partition will create Parcel #1 with approximatel�r
12,375 square feet, and Parcel #2 with approximately 10,182 square feet. LOCATION: 15940 SW 76t
Avenue; WCTM 2S112CD, Tax Lot 700. 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 18.390, 18.420, 18.510,
18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and ApplicanYs Information for your review. From information supplied by
various departments and agencies and from other information available to our staff, a report and recommendation will
be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this
application, WE NEED YOUR COMMENTS BACK BY: APRIL 10 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.
�C Written comments provided below:
��/�'1f'Yl �'�� C — F�-/��
�1'1���i��
IName 8� Number of Person Commenting: I
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REQUEST �OR COMMENTS ` � W� �, :;� �m oF T��,Ro
r� _,' Camrr�unity�evelopn�ant
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�: Stere C�nway.W�ahtngtaa Counry aenertm�At of Lapd Yse�Tr�n�rt,tle■
FROM: Cft�of ng�N Pannina Olvlsion
STAFF CONTACT: M�w Scbeideoger,Assist,at Pl�nner acY4S11
r���e: I5031658-41T1/F'x: t50316t4-7291
MIMIR LANO PARTITIBN[MLlI 2003-00005
➢ ZIMMERMAM PARTI?ION Q
REQUEST: The applicant is requesting approval to perForm a two-lot partition on a parcel of land
containing approximatefy 27,393 square feet. This partition will create Parcel #1 with approximatel�
12,375 square feet, and Parcel #2 with approximately 10,182 square feet. LOCA710N: 15940 SW 76
Avenue; WCTM 2S112CD, Tax L.ot 700, ZONE: R-12: Medium-Density Residential District. The R-12
zoning district is designed to accommodate a full range of housing types at a mi�imum Iot size of 3,050
square feet, A wide range of civic and institutional uses are also permitted conditionally.
APPLICABLE REVlEW CRiTERIA: Community Development Code Ghapters 18.390, 18.42Q, 98.510,
18,705, 18.715, 18.74�, 18.765, 1$.790, 18.795 and 18.810.
Attached are the Site Pian� VEclnity Map and Applicant's Information for your review. From information supplied by
various departments and agencies and from ather information available to our staff, a report and recommendation will
be prepared and a decision wili be rendered on the roposal in the near future. If you wish to comment on this
il � . . .�,,. ,..., .. ,. , ,,,,..� .�,.,,:,,.,.�...,,,
application, 11%1�,-�� !''Y����i�QE"� �?Irl�i�l. ' . 1{ r :�' ' i "k; , You may use the space provided
below or attach a separate lettsr to retum your comments. If you are unable to respond by the ab�ve d�t�, please
phone the staff contact no#sd above with your comments and confirm your comments in writing as soon as possible, If
you have any questions, oontact the Tigard Planning Division, 13125 SW Nall Blvd., Tigard, OR 97223.
PLEASE CHECK THE FOLLOWlNG ITEMS THAT APPLY:
� We have reviewed the proposai and have no objections to it.
_ Please contact of our office.
_ Please refer to the endosed letter.
_ Writton comments provid�d below:
Name 8 Number of Person Commenting: y�r�.0
� SG 3— — 3 8 Z
TO'd T0�b� �OOZ ST -�dd 806Z-968-�OS�Xp� '(13Q QNd� 0� HSdm
REQUEST FOR COMMENTS CITYOFTIGARD
�ommunity�Development
ShapingA Better Community
DATE: March 27,2003
T0: Dennis Koellermeier,Operations Manager/Water Department
RECEIVED PLANNINQ
FROM: City of Ti9ard Plannin9 Di�ision
STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x243n p?� U 4 ^`'�3
Phone: [5031639-4171/Fax: [5031684-1291 GIrY oF TiGARD
MINOR LAND PARTITION[MLPI 2D03-00005
➢ ZIMMERMAN PARTITION Q
REQUEST: The applicant is requesting approval to perform a two-lot partition on a parcel of land
containing approximately 27,393 square feet. This partition will create Parcel #1 with approximatel�
12,375 square feet, and Parcel #2 with approximately 10,182 square feet. LOCATION: 15940 SW 76
Avenue; WCTM 2S112CD, Tax Lot 700. 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 18.390, 18.420, 18.510,
18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by
various departments and agencies and from other information available to our staff, a report and recommendation will
be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this
application, WE NEED YOUR COMMENTS BACK BY: APRIL 10, 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:
l� Z� c a,,a�� h�, �� �'�` iu� G�.�i�v�r�i v �i� � �,p�r�fi�r�1 arc
��G„aG�[0�-fo 1¢t � �lifc c � T.f f�i.v� ti� ,�� �t (!� O✓1 G-, Z- Q�1 u�(,�c r
_�/!cc,i� �1�� tiJl II be ,��� ,
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_3 lr�C'G��i � cc��i' �r��ua � �t ��1 /ano4���- c��� 0►'L!t
I Name� Number of Person Commenting: ���� ��� I
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REQUEST FOR COMMENTS CITYOFTIGARD
Community�DeveCopment
ShapingA BetterCommunity
DATE: March 21,2003
To: Iim Wolf,Tigard Police Department Crime Prevention Officer REC�IVED PLANNING
FROM: City of Ti9ard Planning Diuision APR 0 7 2003
STAFF CONTACT: Mathew Scheidegger,Assistant Planner[x243T1
Phone: [5031639-4111/Fax: [5031684-1291 C�T'Y 4F TIGARD
MINOR LAND PARTITION[MLP]2003-00005
➢ lIMMERMAN PARTITION Q
REQUEST: The applicant is requesting approval to pertorm a two-lot partition on a parcel of land
containing approximately 27,393 square feet. This partition will create Parcel #1 with approximatel�
12,375 square feet, and Parcel #2 with approximately 10,182 square feet. LOCATION: 15940 SW 76
Avenue; WCTM 2S112CD, Tax Lot 700. 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 18.390, 18.420, 18.510,
18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by
various departments and agencies and from other information available to our staff, a report and recommendation will
be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this
application, WE NEED YOUR COMMENTS BACK BY: APRIL 10 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:
Name 8 Number of Person Commenting: �, `_,01 (� �,Lr-1.(
�� �� �`�1
04/09/03 16:53 FA% 503 692 3512 CITY OF TUALATIN _ C�002
_ � —.. = — — — — —. __ -- — —-
-- �
REQUEST FOR CO1�NIENTS ���n��
�om�rcunity<D�wclopment
S(utpin�,�Bttter Commutaty
DATE: Ma�'Ch 21.2003 ClTY OF TUA�ATI N
RECEIVED
T0: Ci ofl�aladoPlannin Mana er p�qR � Y 2p03
FROM: CI utTi ard Plan�in piu�sion EQMMUNITY UEVELOPMENT
STA�FCONTACr: Ma�ewScheide er pssistantPlanner[x243]l ECONOMiC DEV OIVISION
Ph�ne: [503]639-41Tl/Fax: [5031684-7297
MiNOB 1AND PARTITIOH[MLPI 2D03-U0005
➢ ZIMM�RMAN PaRYlTION Q
R�QUEST: The applicant is requesting approval to perForm a two-lot partition on a parcel of land
containing approximately 27,393 square feet. This partition will create Parcel #1 with approximatel�
12,375 square feet, and Parcel #2 with approximately 10,182 square feet. LOCATION: 15940 SW 76
Avenue; WCTM 2S112CD, Tax Lot 700. ZONE: R-12: Medium-Density Residentiai District. The R�12
zoning district is designed to accommodate a full range of housing types at a minimum lot size Qf 3,050
square feet_ A wide range of civic auni# ' Dev lo ment Code Chapters p 8 390,�18 420,�t18 51I0,
APPLICABLE REVIEW CRITERIA: Comm y p
18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810.
Attached are the Site Plan,Vicinity Map and Applicant's Information for yaur review. �rom information supplied by
various departments and agencies and from other information availabfe to our staff, a report and recommendation will
be prepared and a decision will be rendered on the Qroposal in the near future. If you wish to comment on this
W'E„_#�i��D1ri�0UR:COMMENTS` B'A�CK'�:B�! �'�PI�'L '1fl''�:��',00'.3�: You may use the space provided
application, ,
below or attach a separate letter to return your comments. lf ou are unable to res ond b the above date, please
phone tl'�e staff cantact noted above with your comments and confirm your comments in writing as soon as possible_ If
you have any questions, contact the Tgard Planning Division, '!3125 SW Ha!( Blvd., Tigard, OR 97223•
PLEASE CHECK THE �OLLOWING ITEMS THa►T;APPLY:
We have reviewed the proposal and have no objections to it. of our office.
� Please contaCt
, Please refer to the enclosed letter_ � n/Q ����� � � Y ���
Written comments p�ovided below: ., %� y �
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� City of 7ualatin _ � City of Tuaiatin
� David Jardin � William Harper,AICP
Engineering Associate — Associafe Planner
Nar �8880 Sw�v�artinazzi Ave. Direct 503.691.3035 r 16880 SW Martinaui Ave. pirect 503.&91.3027 �
� Tuslatin.Oregon 97062-7082 Main 503.6922000 — Tualatin.Oregon 970fi2-7092 Main 503.692-2000
tljardln�a.tua�atin.or.us FAX 503.692.5421 wharPer�ci.tualatin.or.us FAX 503.692.3512
www.ci.tualaun.or.us TDD 503.682,0574 www.ci.tualatln.or.us TDD 503_692.0574
APR-08 03 15:09 FROM:PROJPLANNIN� 5039622281 T0:��36847z97 PAGE:01
REQUEST FOR COMMENTS CITY OF T16ARD
Coir+munity�Development
S�iaping A�Bet cer Commu�:ity
DATE: ��a r�.�ooa
T0: �wi S�Idwl�.Trl-Met T�nalt�A1i�l�a � Pnl�ct Pl�aa�er
HIeM: cld•I naerd���n�a■p sl.n �
8TAFF CONTACT: Mad�e Scdei er st� t Pls�nA �248
Phape: [se$)BSg-a111/Fex: [50�)684-I�ll
INIlIOA tAND PARTITION[MLrI ZODB-OQ005
➢ 11MMERMAH PARTITION Q
REQUEST: The applicant is requesting approval to perform a two-lot partition on a parcel of land
containing approximately 27,393 square feet. This partition will create Parcel #1 with approximatel�
12,375 square feet, and Parcel #2 with approximately 10,182 squa�e feet. L�CATION: 15940 SW 76
Avenue; WCTM 2S112CD, Tax Lot 700. 20NE: 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 18.390, 18_420, 18.510,
18.705, 18.715, 15.745, 18.765, 18.790, 18.795 and 18.810.
Attached are the Site Plan, Viclnity Map and Appllcant's Informatlon for your review. From information supplied by
various departments and agencies and from other informatifln available to our staff, a report and recammendation will
a lication, � ;N dec�sion will be rendered on the proposal in the near future. If you wish to comment on this
..,,. .,__....._.. ,.., .,.-,. � .. ..._,�,
be prepare and .
pp �ED �Y� ,�OM �iSt���''A�fG.:. Y�',��d`,IA L���1�Q'�2�00:3; You may use the space provided
below or attach a separate letter to return your comments. ou are unable to res ond b the above date, please
phone the staff contact noted above with your r,omments and confirm your comments in writing as soon as possible. If
you have any questions, contact the Tigard F'lanning Division, 13125 SW Hall Blvd., Tigard, �R 97'223.
PLEASE CHECK THE FOl.L01MING IT�MS THAT APPLY:
� We have reviewed the proposal and have no objections to it.
Please contact of�ur office.
� Please refer to the enclosed letter.
� Written comments pravided below:
�1 — _.E�'c.¢- �'.� �'t 'L� 8 y � �-..� � 7
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Name 8 Number of Person Commenting: �!
REQUEST FOR COMMENTS CITYOFTIGARD
Community�DeveCopment
Sha gA�etterCommumty
DATE March 27,2003 � �u� �
�v.9,►��
TO Bar6ara Shields,Long Range Plannmg Manager ���-�,/
TO�'L �
FROM Cit1I of�9ard Plamm�9 Div�s�on
STAFF CONTACT Mathew Scheide99er,Assistant Planner[x243A
Phone [5031639-4111/Fax [5031684 7291
MINOR IAND PARflTION[MLPI 2003 00005
➢ ZIMMERMAN PARTITION Q
REQUEST The applicant is requesting approval to perform a two-lot partition on a parcel of land
containing approximately 27 393 square feet This partition wdl create Parcel #1 with approximatel�
12 375 square feet and Parcel #2 with approximately 10 182 square feet LOCATION 15940 SW 76
Avenue WCTM 2S112CD Tax Lot 700 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 18 390 18 420 18 510
18 705 18 715 18 745 18 765 18 790 18 795 and 18 810
Attached are the Site Plan, Vic�nity Map and Applicant s Information for your review From information supplied by
vanous departments and agencies and from other information available to our staff a report and recommendation will
be prepared and a decision will be rendered on the proposal in the near future If you wish to comment on this
application WE NEED YOUR COMMENTS BACK BY� �APRIL 10,l2003 You may use the space provided
below or attach a separate letter to return your comments If vou are unable to respond by the above date, please
phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible If
you have any questions contact the Tigard Planning Division 13125 SW Hall Blvd Tigard OR 97223
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY
_ We have reviewed the proposal and have no ob�ections to it
Please contact of our office
Please refer to the enclosed letter
_ Written comments provided below ��� , ��, �.,t �,�4,�
�r �' ,� r la ^' �cf �f ,�
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IName 8� Number of erson Comfnenting
, �
REQUEST FOR COMMENTS CITYOFTIGARD
Community I�eveCopment
S(apingA Better Community
DATE: March 27,2003
T0: PER ATTACNED
FROM: City of Ti9ard Planning�ivision
STAFF CONTACT: Mathew Scheideg9er,Assistant Planner[x24311
Phone: [5031639-4111/Fax: [5031684-]29]
MINOR LAND PARTITION[MLP)2003-00005
➢ tIMMERMAN PARTITION Q
REQUEST: The applicant is requesting approval to pertorm a two-lot partition on a parcel of land
containing approximately 27,393 square feet. This partition will create Parcel #1 with approximatel�r
12,375 square feet, and Parcel #2 with approximately 10,182 square feet. LOCATION: 15940 SW 76t
Avenue; WCTM 2S112CD, Tax Lot 700. 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 18.390, 18.420, 18.510,
18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by
various departments and agencies and from other information available to our staff, a report and recommendation will
be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this
application, WE NEED YOUR COMMENTS BACK BY: APRIL 10 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:
Name� Number of Person Commenting:
, � CITY TIGARD REQUEST FOR COh :NTS
NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS
`--� �
FILE NOS.: �Z 'G �—' � ; �.��'-r' r� <-, FILE NAME: ��.�<,�., <<.�.��
CITIIEN INYOLVEMENT TEAMS
14-DAY PENDING APPLICATION NOTICE TO CIT AREA: ❑Central ❑East �South ❑West �Proposal Descrip.in Library CIT Book
CITY OFFICES
LONG RANGE PLANNING/Barbara Shields,Planning Mgr. _COMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs. ;'�POLICE DEPTJJim Wolf,Crime Prevention Officer
�BUILDING DIVISION/Gary Lampella,Building Official �ENGINEERING DEPT./Brian Rager,Dvlpmnt.Review Engineer�WATER DEPTJDennis Kcellermeier,Operations Mgr.
CITY ADMINISTRATION/Cathy WheaUey,City Recorder PUBLIC WORKS/John Roy,Property Manager �PUBLIC WORKS/Matt Stine,Urban Forester
�PLANNER—POST PROJECT SITE If A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! _C.D./Sherman Casper,Pertnit Coord.(sDwCUP re:nF)
SPECIAL DISTRICTS
TUAL.HILLS PARK&REC.DIST.+K1L TUALATIN VALLEY FIRE 8 RESCUE+� �UALATIN VALLEY WATER DISTRICT� �„CLEANWATER SERVICES+�
Pianning Manager Fire Marshall Administrative Office Lee WalkedSWM Program
75707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue
Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124
LOCAL AND STATE IURISDICTIONS
CITY OF BEAVERTON � ;�CITY OF TUALATIN� OR.DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS
_ Planning Manager Planning Manager 2501 SW First Avenue Jennifer Goodridge
Irish Bunnell,oa�ewo�s��5 18880 SW Martinaui Avenue PO Box 59 775 Summer Street NE
PO Box 4755 Tualatin,OR 97062 , PorUand,OR 97207 Salem,OR 97301-1279
Beaverton,OR 97076
_ OR.PUB.UTILITIES COMM.
METRO-LAND USE 8 PLANNING� OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol SVeet NE
CITY OF�URHAM#E 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380
City Manager Portland.OR 97232-2736 Poriland,OR 97232
PO Box 23483 Bob Knight,oa�aRe�ceMe�tz�> US ARMY CORPS.OF ENG.
Dufiam,OR 97281-3483 Paulette Allen,c�owmrn�c�errcoora��o. OR.DEPT.OF LAND CONSERV.B�DVLP Kathryn Harris
_ Mel Huie,cre�o�c�m�ccPazoa> Larry French tc�,v.P��A�����r> Routing CENWP-OP-G
CITY OF KING CITY� Jennifer Budhabhatti,Repional Planner(Wetlands) 635 Capitol SVeet NE,Suite 150 PO Box 2946
City Manager _ C.D.Manager,GrowthManapeme�riServbes Salem,OR 97301-2540 Portland,OR 97208-2946
15300 SW 116th Avenue
King City,OR 97224 WASHINGTON COUNTY�
OR.DEPT.OF ENERGY(POweninesinnreal _OR.DEPT OF AVIATION�Monopo�eTO.versl Dept.of Land Use 8 Transp.
Bonneville Power Administration Tom Highland,aia�,x,e 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 Hilisboro.OR 97124
PO Box 369 Portland,OR 97208-3621 Brent Curtis�can�
Lake Oswego,OR 97034 Gregg Leion�cPa�
OR.DEPT.OF ENVIRON.QUALITY(DEQ► ODOT,REGION 1 � Anne LaMountain pcauRa�
CITY OF PORTLAND (NOtify for Wellands anG Potemial Enviiorunenlal Impacts) �Marah Danielson,Devebpmefrt Rev'iew Coortlin�or Phil Healy ncauRei
Planning Bureau Director Regional Administrator Car1 Toland, Right-of-Way 5ecfion N��> �'- Steve Conway�c�a�.�
1900 SW 4'"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders Sr.Cartographer icPNZU�r,�s+.
Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 Jim Nims czcn>Ms�s
_Doria Mateja czc,�Ms+a
WA.CO.CONSOLIDATEU COMMUNIC.AGENCY(WCCCA)"911"�wo�wpa.rowwr.I ODOT,REGION 1 -DISTRICT 2A�
Dave Austin Jane Estes,Permil Speaalist
PO Box 6375 5440 SW Westgate Drive,Suite 350
BeaveRon,OR 97007-0375 PoRland,OR 97221-2414
UTILITY PROYIDERS AND SPECIAL A6ENCIES
PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(eurling�on Northern�Santa Fe WR Predecessor)
Robert I.Melbo,President&General Manager
110 W.10th Avenue
Albany,OR 97321
SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS AT&T CABLE y�TRI-MET TRANSIT DVLPMT.
Clifford C.Cabe,Construction Engineer Debra Palmer�n�,e.ata�o�y� Pat McGann ara�;ea�w�v.M�ora r.�a aoue>
5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner
Portiand,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay SVeet
Beaverto�,OR 97006-4886 Portland,OR 97232
�PORTLAND GENERAL ELECTRIC i�NW NATURAL GAS COMPANY VERIZON QWEST COMMUNICATIONS
Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. Ken Perdue,Engineering Patty Stambaugh,Engineering
9480 SW Bceckman Road 220 NW Second Avenue PO Box 11D0 8021 SW Capitol Hill Rd,Rm 110
Wilsonville.OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219
�IIGARD/TUALATIN SCHOOL DIST.#23J_BEAVERTON SCHOOL DIST.#48 _COMCAST CABLE CORP. _ATBT CABLE��,.e.w„rm�ssw�
Marsha Butler,AdminisVative Offices Jan Youngquist,Oemographics Melody Malone Diana Carpenter
6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg.12 3500 SW Bond SVeet
Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Portiand,OR 97232
iR INDICATES AUTOMATIC HOTIFICATION IN COMPLIANCE WITH INTERGOYERNMENTAL AGREEMENT IF WITHIN 500' OF THE SUBJECT PROPERTT FOR ANY/ALl
CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify�. h:�patty�masters\Request For Comments Notification Lisl 2.doc (Revised: 3125/03)
AFFIDAVIT OF MAILING CITYOFTI<3ARD
�'ornmuruty;Developn:ent
,S(rapingA Bettes�ommunity
I, �Patricia L. Gu�or� being first duly sworn/affirm, on oath depose and say that I am a SeniorAdmini,rtrative SpeciaCut for
the �'ity of 7�ar , Zt/as(zington County, Oregon and that I served the following:
(Check Appmpnale Box(s)Below}
❑X NOTICE OF DECISION FOR: MLP2003-00005/IIMMERMAN PARTITION
� AMENDED NOTICE (File No./Name Reference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhlblt"A",and by reference made a part hereof, was mailed to
each named person{s) at the address(s) shown on the attached list(s), marked EXhiblt"B",and by reference made a part
hereof, on May 15,2003,and deposited in the United States Mail on Ma]I15,2003, postage prepaid.
- �
(Person that Pre red � e)
,57'A�o��GoN )
County o�f`Was tngton �ss.
�'ity of 7'igard )
Subscribed and sworn/affir ed before me on the� day of , 2003.
�
OFFICIAL SEAL ,
;a '~``° J BENGTSON /I�, ;
' NOTARY PUBLIC-0REGON �� �
COMMISSION NO.368086 `
MY COMMISSION E�XPIRES APR.27,2007
My Commission Expires: �' D
EXH t B IT,..�,.,._
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP} 2003-00005 CITYOFTI(�ARD
ZIMMERMAN PARTITION c°""""nity�e°er��n`
S(apingA BetterCommunity
120 DAYS = 07/23/03
SECTION I. APPLICATION SUMMARY
FILE NAME: ZIMMERMAN PARTITION
CASE NO: Minor Land Partition (MLP) MLP2003-00005
PROPOSAL: The applicant is requesting approval of a two-lot partition on a parcel of land
containing approximately 27,393 square feet. This partition will create Parcel #1
with approximately 12,375 square feet, and parcel #2 with approximately 10,182
square feet in which the applicant intends to use as duplexes.
APPLICANT/ Charles & Linda Zimmerman
OWNER: 15854 SW 76th Avenue
Tigard, OR 97224
ZONING
DESIGNATION: 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.
LOCATION: 15940 SW 76�' Avenue; WCTM 2S112CD, Tax Lot 700.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and
Screening); 18.760 (Nonconforming Situations) 18.765 (Off-Street parking and
Loading Requirements); 18.790 (Tree Removal); 18.795 {Visual Clearance Areas);
18.810 (Street and Utility Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions. The findings and conclusions on which the
decision is based are noted in Section V.
NOTICE OF DECISION MLP2003-0OD0521MMERMAN PARTITION PAGE 1 OF 17
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
u mit to t e anning epartment at ew c ei egger, , ext. or review an
approval:
1. The applicant may determine the front yard, provided that no side yard is less than 10 feet.
2. Provide recorded documentation that establishes access and maintenance rights for the
individual parcels.
3. Provide a fire apparatus turn around that does not exceed the maximum allowable cross slope of
5 percent.
Submit to the Engineering Department (Brian Rager, 639-4171, ext. 2471) for review and
approval:
4. A Public �acility Improvement (PFI) permit is required for this project to cover the sanitary sewer
tap in 76 Avenue and any other work m the.public right-of-way. Six (6) sets of detailed public
improvement plans shall be submitted for review to the Engineering Department. NOTE: these
plans are in addition to any drawings required by the Building Division and should only include
sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall
conform to City of Tigard Public Improvement Design Standards, which are available at City Hall
and the City's web page (www.ci.tigard.or.us).
5. The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who will be designated as the "Permittee", and who will
provide the financial assurance for tlie public improvements. For example,.specify if the entity is
a corporation, limited partnership, LLC, etc. l�Iso specify the state within which the entity is
incorporated and provide the name of the corporate contact person. Failure to provide accurate
information to the Engineering Department will delay processing of project documents.
6. Prior to approval of the final plat, the applicant's engineer shall submit a certification of sight
distance to the City. Sight distance at the proposed access point shall meet AASHTO standards.
7. Prior to approval of the final plat, the ap licant shall obtain a Site Permit from the Building
Department to cover all grading for the lot s), all on-site private utility installation (water, sewer,
storm, etc.) and all driveway construction. NOTE: this permit is separate from a Public Facility
Improvement permit issued by the Engineering Department for work in the public right-of-way.
8. 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).
9. The final plat shall show a ROW dedication on 76�' Avenue to provide 27 feet from the centerline.
10. The applicant shall execute a Restric�ve Covenant whereby they agree to complete or participate
in the future improvements of SW 76 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 shanng of design and/or construction expenses by the third party owner(s) of
property in addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by the City Engineer
in conjunction with construction of improvements by others ad�acent to the subject site.
11. The final plat shall show a joint ingress/egress easement for benefit of Parcels 1 and 2.
NOTICE OF DECISION MLP2003-00005/ZIMMERMAN PARTITION PAGE 2 OF 17
12. The applicant's sanitary sewer plan could show the use of a public sewer lateral to provide
services to the two parcels, provided they plat the parcels as flag lots.
13. The applicant shall either place the existing overhead utility lines along SW 76�' Avenue
underground as a part of this project, or they shall pay the fee in-lieu of undergrounding The fee
shall be calculated by the fronta�e of the site that is parallel to the utility lines and will be $27.50
per lineal foot. If the fee option is chosen, the amount will be $3,685.00 and it shall be paid prior
to approval of the final plat.
14. 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 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.
15. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/En�ineering Permit Technicians, at (503) 639-4171, ext. 426).
C. The final pla and data or narrative shall be drawn to the minimum standards set forth by
the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
D. The right-of-way dedication for 76th Avenue shall be made on the final plat.
E. NOTE: Washington County will not begin their review of the final plat until they receive
notice from the Engineering Department indicating that the City has reviewed the final plat
and submitted comments to the ap�licant's sunreyor.
F. After the City and County have reviewed the final plat, submit two mylar copies of the final
plat for City Engineer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions).
THE F�LLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
u mit to t e anning epartment at ew c ei egger, , ext. or review an
approval:
16. Provide street trees along the proposed private drive in compliance with the size and spacing
standards of Section 18.745.040.0 of the Tigard Development Code.
17. Provide a tree protection plan for all of the trees to be saved on and off-site that could potentially
be affected by construction. After the protection fencing is installed, the applicant must contact
The City's Forester for approval.
18. Develop both parcels as duplexes in order to insure that the minimum density can be met.
Submit to the Engineering Department (Brian Rager, 639-4171, ext. 2471) for review and
approval:
19. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
20. Prior to issuance of the building permit for Parcels 1 and 2, the applicant shall pay the standard
water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS).
NOTICE OF DECISION MLP2003-0000521MMERMAN PARTITION PAGE 3 OF 17
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18)
MONTHS OF THE EFFECTIVE DATE OF THIS DECISION NOTED UNDER
THE PROCESS AND APPEAL SECTION OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Pro ert Histo :
The su Ject parcel is located within the City of Tigard. The property is designated Medium-Density
Residential on the Tigard Comprehensive Plan fVlap. A record search was conducted and three
previous land use cases are associated with this parcel (MLP95-0018/MIS95-0021 & MLP98-0010).
The previous applications were approved subject to conditions of approval, but the partition plats were
not recorded before approval expiration dates. The applicant has, therefore, resubmitted the partition
request.
Site Information and Pro osal Descri tions
he applicant is requesting approval to perform a finro-lot partition on a parcel of land containing
approximately 27,393 square feet. This partition will create Parcel #1 with approximately 12,375 square
feet, and Parcel #2 with approximately 10,182 square feet in which the applicant intends to use as
duplexes.
SECTION IV. PUBLIC COMMENTS
No comments were received.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
Land Partitions (18.420�
The proposed partition complies with all statutory and ordinance requirements and regulations;
The proposed partition 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 under Chapter 18.810 (Street & Utility
Improvement Standards). Based on the analysis provided. herein, Staff finds that adequate public
facilities are available to serve the proposal. Therefore, this criterion is met.
All proposed improvements meet City and applicable agency standards; and
The public facilities and proposed, improvements are discussed and conditioned later in this decision
under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part
of the permit process and during construction, at which time the appropriate review authority will ensure
that City and applicable agency standards are met. Based on the analysis in this decision, Staff finds
that this criterion is met.
All proposed �ots conform to the specific requirements below:
The minimum width of the building envelope area shall meet the lot requirement of the applicable
zoning district.
NOTICE OF DECISION MLP2003-0000521MMERMAN PARTITION PAGE 4 OF 17
There is no minimum lot width required for the R-12 zoning district. Therefore, this standard does not
apply.
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. The proposed
partition creates two (2) flag lots that are 12,375 and 10,184 square feet respectively. The proposed lot
size does not include the private drive. Based on the findings, this criterion has been satisfied.
Each lot created through the partition�rocess shall front a public right-of-way by at least 15 feet
or have a legally recorded minimum 1 foot wide access easement.
The proposed partition plat demonstrates that lot#1 will have 69.54 feet of frontage and proposed lot#2
will have 25 feet of frontage onto a 25 foot drive, (Tract "A") which connects direcfly to SW 76th Avenue.
Therefore, this standard has been met.
Setbacks shall be as required by the applicable zoning district.
Setbacks for the R-12 zoning district are 15 foot (front) 5 foot (side) and 15 foot (rear). Proposed parcel
#1 is developed with a single-family home that has a front yard setback of approximately 50 feet, an
eastern side yard setback of 5 feet, a western side yard setback of 43 feet and a rear yard setback of 5
feet. The existing home is considered nonconformmg due to the 5.81-foot rear yard setback which is
discussed later in this decision (18.760 nonconforming Situations). The proposed lots are considered
flag lots due to the private drive only serving finro parcels. Therefore, the applicant is required to provide
a plan showing a minimum of 10-foot side yard setbacks for parcel #1. The applicanYs plans also show
how proposed parcel #1 can be partitioned in the future to create an additional parcel in order to meet
the required minimum density of 5 units. If and when the shadow parcel is created, the private access
drive can be considered as a private street, (Public and Private Streets are streets serving 3 or more
lots)thus only requiring 5-foot side yard setbacks. The proposed configuration shows the shadow parcel
would allow a 5-foot setback on the western side of the existing home while meeting the minimum lot
size of the R-12 zoning district (3,050 sq. ft.). Setbacks for the future duplex of proposed parcel #2 will
be reviewed at time of building permits.
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.
The proposed parcels are considered to be flag lots due to the proposed access only serving two lots.
Therefore, the applicant may determine the front yard, provided that no side yard is less than 10 feet.
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.
The proposed parcels will take access from a private tract. The private tract abuts the adjoining property
to the north and is screened from view with an existing wooden fence. Therefore, this standard has
been satisfied.
The fire district may require the installation of a fire hydrant where the length of an accessway
would have a detrimental effect on fire-fighting capabilities.
Fire district regulations are reviewed at the time of building permits. This criterion shall be addressed at
that time.
Where a common drive is to be provided to serve more than one lot, a reciprocal easement
which will ensure access and maintenance rights shall be recorded with the approved partition
map.
The proposed parcels will share a common drive. Therefore, the applicant is required to provide
recorded documentation that establishes access and maintenance rights for each individual parcel.
NOTICE OF DECISION MLP2003-0000521MMERMAN PARTITION PAGE 5 OF 17
Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and
Circulation.
This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision.
Where landfill and/or development is allowed within or adjacent to the one-hundred year
floodplain, the city shall require consideration of the dedication of sufficient open land area for
greenway ad�oining and within the floodplain., This area shall include portions at a suitable
elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan.
The subject property is adjacent to the 100 year floodplain of Fanno Creek. Accordin to the Fanno
Creek Greenway Trail Action Plan, no pedestrian/bicycle pathway is required on the wes�side of Fanno
Creek. Therefore, no land is required to be dedicated.
An application for a variance to the standards prescribed in this chapter shall be made in
accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition
and variance(s)/adjustment(s) will be processed concurrently.
No variances or adjustments have been submitted with this application. Therefore, this standard does
not apply.
FINDING: Based on the analysis above, staff finds that the Minor Land Partition Standards have not
been met.
CONDITIONS:
. The applicant may determine the front yard, provided that no side yard is less than
10 feet.
. Provide recorded documentation that establishes access and maintenance rights
for the individual parcels.
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
inimum o ize
- Detached unit 3,050 sq. ft.
- Duplexes
- Attached unit 1
verage inimum o i t one
aximum ot overa e o
inimum et ac s
- Front yard 20 ft.
- Side facing street on corner& through lots 20 ft.
- Side yard 10 ft.
- Rear yard 20 ft.
- Side or rear yard abutting more restrictive zoning district 30 ft.
- Distance befinreen ro ert line and front of ara e 20 ft.
aximum ei
inimum an sca e e uirement o
[1]Single-family attached residenbal units permitted at one dwelling per lot with no more that five attached units in one grouping.
[2]Lot coverage indudes all buildings and impervious surfaces.
' Multiple-family dwelling unit
" Single-family dwelling unit
NOTICE OF DECISION MLP2003-0000521MMERMAN PARTITION PAGE 6 OF 17
A minimum lot size of 3,050 square feet is required for each lot. The proposed lot sizes of 12,375 and
10,184 square feet meet this standard. However, the setbacks of the existin structure on propose
parcel #1 do not meet the required setback standards. The rear yard setback of�he existing structure is
approximately 5.81 feet. The home was constructed prior to 1983, and the requested partition does not
reconfigure the rear property line. Therefore, the rear yard setback for the existing home is considered
nonconforming which is addressed under 18.760 (Nonconforming Situations). The proposed parcels are
also considered flag lots, which require a minimum of 10-foot side yard setbacks. Setbacks for the
future duplex on parcel #2 will be reviewed at time of building permits.
FINDING: Based on the analysis above, the Residential Zoning District Standards have been met.
Access, Egress and Circulation (18.705):
Continuing obli�ation of property owner. The provisions and maintenance of access and e ress
stipulated in this title are continuing requirements or the use of any structure or parcel o� real
property in the City.
Access Plan requirements. No building or other permit shall be issued until scaled plans are
presented an approved as provided by this chapter that show how access, egress and
circulation requirements are to be fulfilled. The applicant shall submit a site plan. The Director
shall provide the applicant with detailed information about this submission requirement.
The applicant has provided a site plan showing a 25-foot wide accessway located in a tract (Tract "A"
for access, egress and circulation for proposed Parcel #1 and #2. The applicant has been conditione
under 18.420 (Land Partitions) to submit recorded documentation that establishes access and
maintenance rights for the individual parcels for proposed Tract "A". Therefore, this standard has been
satisfied.
Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize
jointly the same access and egress when the combined access and egress of both uses,
structures, or parcels of land satisfies the combined requirements as designated in this title,
provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases
or contracts to establish the joint use• and copies of the deeds, easements, leases or contracts
are placed on permanent file with the G�ity.
Joint access is proposed through a private access drive located in Tract "A". The applicant has been
conditioned earlier under 18.420 (Land Partitions)to provide documentation that establishes access and
maintenance rights for the individual parcels. Therefore, this standard has been satisfied.
Public street access. All vehicular access and egress as required in Sections 18.705.030H and
18.705.0301 shall connect directly with a public or private street approve by the City for public
use and shall be maintained at the required standards on a continuous basis.
The proposed parcels will have access onto SW 76th Avenue by means of a private tract (Tract "A").
The applicant has been conditioned under 18.420 (Land Partitions) to shown satisfactory evidence that
each parcel has the legal right to use the proposed Tract "A". Therefore, this standard has been
satisfied.
Inadequate or hazardous access. Applications for building permits shall be referred to the
Commission for review when, in the opinion of the Director, fhe access proposed: Would cause
or increase existing hazardous traffic conditions; or would provide inadequate access for
emerg ency vehicles; or would in any other way cause hazardous conditions to exist which
would constitute a clear and present danger to the public health, safety, and general welfare.
Direct individual access to arterial or collector streets from single-family dwellings and duplex
lots shall be discouraged. Direct access to major collector or a�terial streets shall be considered
only.if there is no practical alternative way to access the site. In no case shall the design of the
service drive or drives require or facilitate the backward movement or other maneuver�ng of a
vehicle within a street, other than an alley. Single-family and duplex dwellings are exempt from
this requirement.
NOTICE OF DECISION MLP2003-0000521MMERMAN PARTITION PAGE 7 OF 17
The proposed lots will take access from an existing private drive that connects to SW 76th Avenue which
is a local street. Tualatin Valley Fire and Rescue did not indicate that the access to the site is in any way
hazardous or constitute a clear and present danger. Therefore, this standard does not apply.
Access Manag�ement_(Section 18.705.030.H)
ection 18.70 .5 030.H. states t at an access report shall be submitted with all new development
proposals which verifies design of driveways and streets are safe by meeting adequate stacking
needs, sight distance and deceleration standards as set by ODOT, Washington County, the City
and AASHTO.
The applicanYs plar� shows sight distance triangles to the north and south of the proposed access
location onto SW 76 Avenue. The applicant's engineer will need to provide a certification that adequate
sight distance will be achieved. This certification will need to be completed prior to approval of the final
plat.
Section 18.705.030.H.2 states that drivewa�s shall not be permitted to be �laced in the influence
area of collector or arterial street intersections. Influence area of intersections is that area where
queues of traffic commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet, measured from the right-
of-way line of the intersectin� street to the throat of the proposed drivewa�. The setback may be
�reater depending upon the 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.
There are no collector or arterial street intersections within 150 feet of the proposed access.
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 access is located on a local residential street, so this criterion does not apply.
Minimum access requirements for residential use. Private residential access drives shall be
provided and maintained in accordance with the provisions of the Uniform Fire Code.
Fire District regulations are reviewed at the time of building permits. This criterion shall be addressed at
that time.
Access drives in excess of 150 feet in length shall be provided with approved provisions for the
turning around of fire apparatus by one of the following: a) A circular, aved surface having a
minimum turn radius measured from center point to outside edge of 35 �eet; b) A hammerhead-
configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet
and a minimum width of 20 feet; c) The maximum cross slope of a required turnaround is 5%.
The access drive is approximately 186 feet in length. Therefore, the applicant is required to provide a
fire apparatus turn around that does not exceed the maximum allowable cross slope of 5 percent.
FINDING: Based on the analysis above, staff finds the Access, Egress and Circulation Standards
have not been met.
CONDITION: Provide a fire apparatus turn around that does not exceed the maximum allowable cross
slope of 5 percent.
Density Computations (18.715�
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:
NOTICE OF DECISION MLP2003-0000521MMERMAN PARTITION PAGE 8 OF 17
1. All sensitive land areas:
a. Land within the 100-year floodplain;
b. Land or slopes exceeding 25%;
c. Drainage ways; and
d. Wetlands.
2. All land dedicated to the public for park purposes;
3. All land dedicated for public rights-of-way. When actual information is not available, the
followin� formulas may be used:
a. Single-family development: allocate 20% of gross acreage;
b. Mul�i-family development: allocate 15% of gross acreage.
4. All land proposed for private streets; and
5. A lot of at least the size required by the applicable base zoning district, if an existing
dwelling is to remain on the site.
Calculatin maximum number of residential units. To calculate the maximum number of
residentia units per net acre, 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.
Calculatin minimum number of residential units. As required by Section 18.510.040, the
minimum num er o resi entia units per net acre shall be calculated by multiplying the
maximum number of units determined in Subsection B above by 80% (0.8).
The standards for density computation deal with the intensity of residential land uses, usually stated
as the number of housing units per acre. The total square footage of the subJ'ect property is 27,394
square feet. However, to determine the net developable area, the square footage of the accessway
(4,834 square feet) is subtracted as it is excluded from the lot area per TDC Section 18.120.089(g).
This results in a net developable area of 22,560 square feet. As the minimum lot size for the R-12
zone is 3,050 square feet (same for duplexes), the maximum number of residential units (single-
family or duplex) is seven (7). The minimum number of residential units is five (5). The property is
currently occupied with a single-family home which the applicant intends to convert into a duplex and
construct a second duplex on parcef #2. The applicant F�as shadow platted proposed parcel #1 to
show how minimum density can be met in the future (two duplex units and one single-family home).
Therefore, the.applicant is required to develop both parcels as duplexes in order to insure that the
minimum density can be met.
FINDING: Based on the analysis above and the shadow plat provided, the Density Computation
Standards have not been met.
CONDITION: Develop both parcels as duplexes in order to insure that the minimum density can be met.
Landscaping and Screening (18.745):
Street trees: Section 18.745.040
ection 8.745.040.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.
The proposed private drive is approximately 185 feet in length; therefore, the applicant is required to
provide street trees along the private drive in compliance with the size and spacing standards of
18.745.040.0 of the Tigard Development Code.
FINDING: Based on the analysis above, the Landscaping and Screening Standards have not been
met.
NOTICE OF DECISION MLP2003-0000521MMERMAN PARTITION PAGE 9 OF 17
CONDITION: Provide street trees along the proposed private drive in compliance with the size and
spacing standards of 18.745.040.0 of the Tigard Development Code.
Nonconforming Situations (18.760):
Nonconformin develo ment:
Where a la u structure exists at the effective date of adoption or amendment of this title that
could not be built under the terms of this title by reason of restrictions on lot area, lot coverage,
height, yard, equipment, its location on the lot or other requirements concerning the structure,
such structure may be continued so long as it remains otherwise lawful, subject to the following
provisions:
a. No such nonconforming structure may be enlarged or alter in a way which increases its
nonconformity but any structure or portion thereof may be enlarged or altered in a way that
satisfies the requirements of this title or will decrease its nonconformity;
The subject structure Iocated on proposed parcel #1 has a rear yard setback of 5 feet. According to the
R-12 zoning district the structure should have a minimum rear yard setback of 15 feet. Washington
County Building Department's records indicate the structure was built in 1964, which is 19 years prior to
the effective date of the Tigard Development Code (1983). Therefore, the subject structure is
considered nonconforming. The applicant's request to partition the subject property and convert the
existing single-family dwelling into a duplex will not increase the nonconformity of the structure as long
as any addifions do not decrease the nonconforming setback.
b. Should such nonconforming structure or nonconforming portion of structure be destroxed by
any means to an extent of more than 60% of its current vafue as assessed by the Washington
County assessor, it shall not be reconstructed except in conformity with the provisions of this
title;
The applicant has not proposed to destroy the existing structure on proposed parcel #1; therefore this
standard does not apply at this time.
c. Should such structure be moved for any reason for an� distance whatever, it shall thereafter
conform to the regulations for the zoning district in which it is located after it is moved.
The applicant is not proposing to move the existing single-family structure as part of this application.
However, if the structure is ever moved, the applicant will be responsible for meeting the minimum
requirements for the R-12 zoning district.
Tree Removal (18.790�
A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall
be provided for any lot„ parcel or combination of lots or parcels for which a development
application for a subdivision, partition site development review, planned development or
conditional use is filed. Protection is pre�erred over removal wherever possible.
The ap�plicant has indicated that there are a total of 12 trees located on the subject site that are greater
than 12-inches in diameter of which, only three (3) are to be removed. After review of the tree removal
plan, Staff has noticed that there are a total of 11 trees over twelve inches that can be counted in the
mitigation calculation. The City of Tigard does not consider fruit trees when calculating mitigation. The
applicant has included a 21-inch cherry tree in the mitigation calculation. In any case, the applicant is
retaining over 75 percent of the trees over twelve inches on-site. Therefore, no mitigation is required for
this partition. However, the applicant has not submitted a protection plan for those trees to be saved.
Therefore, the applicant is required to provide a tree protection plan for all of the trees to be saved on
and off-site that could potentiall�r be affected by construction. After the protection fencing is installed, the
applicant must contact The City s Forester for approval.
FINDING: Based on the analysis above, the Landscaping and Screening Standards have not been
met.
NOTICE OF DECISION MLP2003-00005/ZIMMERMAN PARTITION PAGE 10 OF 17
CONDITION: Provide a tree protection plan for all of the trees to be saved on and off-site that could
potentially be affected by construction. After the protection fencing is installed, the
applicant must contact The City's Forester for approval.
Visual Clearance Areas (18.795):
�his hapter requires t at a clear vision area shall be maintained on the corners of all property
adjacent to intersecting right-of-ways or the intersection of a public street and a private
driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or
temporary or permanent obstruction exceeding three (3) feet in heighf. The code provides that
obstructions that may be located in this area shall be visually clear between three (3) and eight
8 feet in height (8) (trees may be placed within this area provided that all branches below eight
8 feet are removed). A visual clearance area is the triangular area formed by measuring a
-foot distance points with a straight line.
The applicant's plans show no obstructions within visual clearance triangles associated with the project.
Therefore, this standard has been satisfied.
FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards have been
met.
IMPACT STUDY (18.390.040):
Requires that the app icant 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 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.
The applicant has submitted an Impact Study that addresses the following systems:
Trans ortation S stem:
is eve opment ronts SW 76th Avenue. SW 76th Avenue is currently unimproved with approximately
25 feet of pavement. SW 76th Avenue does not have curb, gutter, or sidewalks and is classified as a
local residential street.
Drainage System:
The current storm water drainage for the site drains to the east into Fanno Creek. This application does
not propose to change the current drainage pattern. The existing house as well as a future house will
drain into an infiltration trench/level spreader that will allow the storm water runoff to sheet flow to Fanno
Creek.
The applicant is choosing to pay a fee-in-lieu of ($210 for every 2,640 square feet of created impervious
area) to meet Clean Water Services water quality reguirements. This development will create
approximately 2,640 square feet of new impervious area ($210) by creating one additional buildable lot
(Parcel 2).
Park S stem:
is eve opment is not proposing to donate any land to the City of Tigard for open space or parks.
Water S stem:
ere is currently an existing water service serving the existing house that will be located on Parcel #1.
This development will add three water services to serve the additional dwelling unit on Parcel #1 and the
duplex on Parcel #2. The water services will tap into the existing water main located in SW 76th
Avenue.
Sewer S stem:
e current ouse is being served by a sewer lateral from SW 76th Avenue. The existing lateral will be
abandoned with this development. A public sanitary sewer main will be built to the east approximately
200 feet from the existing main in SW 76th Avenue with laterals that will serve the four proposed units.
NOTICE OF DECISION MLP2003-00005/ZIMMERMAN PARTITION PAGE 11 OF 17
Noise Im acts:
e propose development is a residential partition which will create two additional residential parcels
and three additional dwelling units. This development should not generate any extraordinary noise
impacts to the surrounding neighborhood.
Rough Proportionality:
Any required street improvements to certain collector or higher volume streets and the Washington
County Traffic Impact Fee (TIF) are mitigation measures thaf are required at the time of development.
Based on a transportation impact study prepared by Mr. David Larson for the A-Boy Expansion/Dolan
II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of new development
on the Collector and Arterial Street system. Presently, the TIF for each trip that is generated is $239.
The total TIF for a single-family dwelling is $2,390 per unit.
U pon completion of this development, the future builders of the residences will be required to pay TIF's
of approximately $4,780 ($2,390 x 2 single-family dwelling units. Based on the estimate that total TIF
fees cover 32 percent of the impact on ma�or street improvements cit ide, a fee that would cover 100
percent of this projects traffic impact is $14,937 ($4,780 divided by .32�The difference between the TIF
paid and the full impact, is considered an unmitigated impact. Since the TIF paid is $4,780, the
unmitigated impact can be valued at $10,157. The estimated cost of the dedication of 252 square feet x
$3.00 = $756.00. As the value of the proposed improvements is less than the remaining unmitigated
impact, it is clearly proportionate to exact these improvements.
PUBLIC FACILITY CONCERNS
Street And Utilitv Improvements Standards (Section 18.810�
a� er . Proviaes cons ruc ion s an ar s or f�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 54-foot right-of-way width and a 32-foot paved section. Other improvements
required may include on-street parking, sidewalks and bikeways, underground utilities, street
lighting, storm drainage, and street trees.
This site lies adjacent to SW 76�' Avenue, which is classified as a local residential street on the City of
Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerlme,
according to the most recent tax assessor's map. The applicant should dedicate additional ROW to
provide 27 feet from the centerline.
SW 76th 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 t 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 will not substantially degrade the level of
service on the street. A street improvement ad�acent to this site, therefore, will not significantly,improve
the safety or capacity of the street. In addition, 18.810.030(A)(5)(e) states that a guarantee in lieu of
street improvements is acceptable if the proposal is a land partition on property zoned residential and
the partition does not create any new streets. This partition will not create a new street. Based on these
code provisions, Staff therefore recommends that the applicant be required to enter into an agreement
with the City whereby the owner agrees to participate in any future widening project for the street carried
out by the City, a third party, or through a local improvement district. This agreement must be executed
NOTICE OF DECISION MLP2003-0000521MMERMAN PARTITION PAGE 12 OF 17
prior to approval of the final plat. The applicant indicated in their narrative that they concur with the
execution of 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 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�xisting 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.
The sub�ect site is exempt to the block size standard due to the subject property being adjacent to Fanno
Creek. �herefore, this standard does not apply.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements
or right-of-ways shall be provided when full street connection is not possible. Spacing between
connections shall be no more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict adherence to other standards
in the code.
The subject site is located adjacent to Fanno Creek. Therefore, this standard does not apply.
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.
The width of the larg est lot is 155 lineal feet. The depth of the largest lot is approximately 109 lineal feet.
Therefore, the depth of the propose lots will not be 2.5 times the average lot width.
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public
or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies,
which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide
recorded access easement. In cases where the lot is for an attached single-family dwelling unit,
the frontage shall be at least 15 feet.
The smallest of the proposed lots has 25.1 feet of frontage onto SW 76th Avenue via a private access
drive. Therefore, this standard has been met.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design
standards and be located on both sides of arterial, collector and local residential streets. Private
streets and industrial streets shall have sidewalks on at least one side.
By entering into the agreement for future street improvements for 76"' Avenue, this criterion will be met.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 1996 and including any future revisions or
amendments) and the adopted policies of the comprehensive plan.
Over-sizin�: Section 18.810.090.0 states that proposed sewer systems shall include
consideration of additional development within the area as projected by the Comprehensive
Plan.
NOTICE OF DECISION MLP2003-00005/ZIMMERMAN PARTITION PAGE 13 OF 17
There is an 8-inch public sanitary sewer line in 76�' Avenue that can adequately serve this site. The
applicant is showing a public sewer line to be extended in the private driveway tract. The ap licant could
actually save money on this project by creating two flag lots (versus the creation of Tract A�and extend
finro separate sanitary sewer laterals from the main line. They can further save money by first installing a
public sewer lateral from the main, which limits the connection to one tap and results in one 6-inch public
lateral that terminates at the ROW line. From there, a wye connection and cleanout splits the service
into two private laterals that can be extended easterly within each flag pole portion of the new parcels.
The portion of the lateral beyond the cleanout will be covered by the plumbing permit for the project.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make adequate provisions for
storm water and flood water runoff.
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 amendmen{s).
No u pstream drainageways affect this site. Fanno Creek is located to the east of the site, but does not
directly impact the creation of these parcels.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the
City Engineer that the additional runoff resulting from the development will overload an existing
draina�e facility, the Director and Engineer shall withhold approval of the development until
provisions have been made for improvement of the potential condition or until provisions have
been made for storage of additional runoff caused by the development in accordance with the
Design and Construction Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or amendments).
Since Fanno Creek is adjacent to the site, onsite detention is not preferred. The applicant's plan shows
that the storm water from each parcel can be discharged in a controlled manner through the creek buffer
area by way of an infiltration trench. This method controls the release of the storm water by sheet flow
action. This will prevent a point discharge impact on the creek and will allow further polishing of the
storm water as it filters through the riparian buffer area.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed
bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for
the future extension of such bikeways through the dedication of easements or right-of-way.
SW 76"' Avenue is not identified on the City's pedestrian/bikeway plan. Therefore, this standard does
not apply.
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.
NOTICE OF DECISION MLP2003-0000521MMERMAN PARTITION PAGE 14 OF 17
Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall
pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a
street where existing utilities which are not underg round will serve the development and the
apProval authority determines that the cost and technical difficulty of under-g rounding the
utilities outweighs the benefit of under-grounding in conjunction with the development. The
determination shall be on a case-by-case basis. The most common, but not the only, such
situation is a short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground utilities facilities. An
applicant for a development which is served by utilities which are not underground and which
are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of
under�rounding.
There are existing overhead utility lines along the frontage of SW 76th 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 134 lineal feet; therefore the fee woufd be $3,685.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
N DARD :
Public Water System:
This site will be served from a City water line in 76�' Avenue. New water laterals will be extended to
each parcel upon construction of the new homes.
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 Parcels 1 and 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.
Site Permit Required:
The applicant is required to obtain a Site Permit from the Building Division to cover all on-site private
utility installations (water, sewer, storm, etc.) and driveway construction. This permit shall be obtained
prior to approval of the final plat.
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.
The developer will also be required to provide signage at the entrance of each shared flag lot driveway
or private street that lists the addresses that are served by the given driveway or street. This will assist
emergency services personnel to more easily find a particular home.
Surve Re uirements
e applicant s ina p at shall contain State Plane Coordinates [NAD 83 (91)] on finro monuments with a
tie to the City's global positioning system (GPS) geodetic control 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 conve�t ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
established by:
NOTICE OF DECISION MLP2003-00005/ZIMMERMAN PARTITION PAGE 15 OF 17
. GPS tie nefinrorked to the City's GPS survey.
. By random traverse using conventional surveying methods.
In addition, the ap�p.licant's as-built drawings shall be tied to the GPS network. The applicant's engineer
shall provide the City with an electronic file with points for each structure (manholes, catch basins, water
valves, hydrants and other water system features in the development, and their respective X and Y
State Plane Coordinates, referenced to NAD 83 (91�.
SECTION VI. OTHER STAFF COMMENTS
City of Tigard Water Department has reviewed the proposal and has offered the following comments:
. It appears by the number of new water service lines that future partitions are expected to take
place. If this is not the case, only 2-new water service lines will be needed.
. Due to distance of private plumbing, one meter will be required.
. Location of water services to be in landscape area only.
City of Tigard Police Department has reviewed the proposal and has no objection to it.
City of Tigard Long Range Planning Department has reviewed the proposal and has offered the
following comments:
. Property is located within the Fanno Creek Greenway Corridor. All proposed greenway trail
alignments are located on the opposite or east side of the creek.
SECTION VII. AGENCY COMMENTS
City of Tualatin has reviewed the proposal and has no objections to it.
Tri-Met has reviewed the proposal and has no objections to it
Tualatin Valley Fire and Rescue has reviewed the proposal and has offered the following comments.
I have reviewed the submittal for the above named project and have the following comments:
�� FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access
roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as
measured by an approved route around the exterior of the building. An approved turnaround is
required if the remaining distance to an approved intersecting roadway, as measured along the fire
apparatus access road, is greater than 150 feet. (UFC Sec. 902.2.1)
A turnaround is not required for this development.
2� SINGLE FAMILY DWELLINGS AND DUPLEXES - FIRE HYDRANTS: Fire hydrants for single family
dwellings, duplexes and sub-divisions, shall be placed at each intersection. Intermediate fire
hydrants are required if any portion of a structure exceeds 500 feet from a hydrant at an intersection
as measured in an approved manner around the outside of the structure and along approved fire
apparatus access roadways. Placement of additional fire hydrants shall be as approved by the
Chief. (UFC Sec. 903.4.2.2)
The fire hydrant located near the development on 76th is adequate.
NOTICE OF DECISION MLP2003-00005/ZIMMERMAN PARTITION PAGE 16 OF 17
s� SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for
single family dwellings and duplexes shall be 1,000 gallons per minute. If the structure(s) is (are)
3,600 square feet or larger, the required fire flow shall be determined according to UFC Appendix
Table A-III-A-1. (UFC Appendix III-A, Sec. 5)
Please contact me at (503) 612-7010 with any additional questions.
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice: Notice was 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 15, 2003 AND BECOMES
EFFECTIVE ON MAY 31, 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 Communit�r Development
Code which provides that a written appeal together with the required fee shall be filed with the Director
within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule
and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard,
Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that
may be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 30, 2003.
Questions:
yoT��e any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503) 639-4171.
/ �
� ' ��� -- �� � , ��� May 15, 2003
PREPARED BY:, at Schei ger DATE
Assistant Planner
May 15 , 2003
APPROVED BY: Richard H. B rsdorff DATE
Planning Manager
i/cu rpl n/mathew/mlp/mIp2003-00005.dec
NOTICE OF DECISION MLP2003-00005/ZIMMERMAN PARTITION PAGE 17 OF 17
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s'� �'N N ZIMMERMAN PARTITION
Ma is not to scale
Charles Jr. & Linda Zimmerman EXHIBIT.!,,�
15854 SW 76th Avenue MLP2003-00005
Tigard, OR 97224
ZIMMERMAN PARTITION
• R
AFFIDAVIT OF MAILING CITY`OFTIGARD
�i�mrniuuty�Dez�e(nyrrteat
S(rapingA BetterCommunity
I, 4'atricia L. Lu�f ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for
the City of7'�gard, `Was(tington�'ounty, Oregon and that I served the following:
{Chedc Appropriate Box(5)Bebw)
❑x NOTICE OF DECISION FOR: MLP2003-00005/IIMMERMAN PARTITION
❑ AMENDED NOTICE (File No.lName Reference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked F�(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 Exhibit'B",and by reference made a part
hereof, on May15,2003,and deposited in the United States Mail on M8y15,2003, postage prepaid.
�,
' (Perso at Pr are otice
S7A?�E O�'O�C�ON )
Caunty of`Wasjington )ss.
�'ity of 2igard )
Subscribed and sworn/affir d before me on the l � day of , 2003.
�
,, �,-;., OFFICIAL SEAL /����O/�/f
' ": ;n J BENGTSON ''-'� b l�
� NOTARY PUBLIC-OREGON
. COP.AMISSION NO.368086 ��
MY COMMISSION E�XPIRES APR.27,2007
My Commission Expires:
� , EXHIBIT..�
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2003-00005 CITYOFTIGARD
ZIMMERMAN PARTITION c°""'�"ni`y`"�°e�p"�en`
.ShapingA BetterCommunity
120 DAYS = 07/23/03
SECTION I. APPLICATION SUMMARY
FILE NAME: ZIMMERMAN PARTITION
CASE NO: Minor Land Partition (MLP) MLP2003-00005
PROPOSAL: The applicant is requesting approval of a two-lot partition on a parcel of land
containing approximately 27,393 square feet. This partition will create Parcel #1
with approximately 12,375 square feet, and parcel #2 with approximately 10,182
square feet in which the applicant intends to use as duplexes.
APPLICANT/ Charles & Linda Zimmerman
OWNER: 15854 SW 76th Avenue
Tigard, OR 97224
ZONING
DESIGNATION: 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.
LOCATION: 15940 SW 76th Avenue; WCTM 2S112CD, Tax Lot 700.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and
Screening); 18.760 (Nonconforming Situations) 18.765 (Off-Street parking and
Loading Requirements); 18.790 (Tree Removal); 18.795 (Visual Clearance Areas);
18.810 (Street and Utility Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in the full decision, available at City Hall.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
All documents and applicable criteria in the above-noted file are available for inspection at no cost or
copies can be obtained for twenty-five cents (25�) per page, or the current rate charged for copies at the
time of the request.
SECTION III. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice 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 15, 2003 AND BECOMES
EFFECTIVE ON MAY 31, 2003 UNLESS AN APPEAL IS FILED.
Appeal:
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may
appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community
Development Code which provides that a written appeal together with the required fee shall be filed
with the Director within ten (10) business days of the date the Notice of Decision was mailed. The
appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, 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 MAY 30, 2003.
Questions:
For further information please contact the Planning Division Staff Planner, Mathew Scheidegger at
(503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
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74TH AVENUE INDUSTRIAL PARK LLC GJERSTAD DAVID M 8
8100 SW DURHAM RD CAROL A
TIGARD,OR 97224 7785 SW BOND ST
TIGARD,OR 97224
2S 112CD-00701 2S 112CD-02600
BLACKWELL JAY M&TRACI N GRAY S DIANE
15950 SW 76TH 7765 5W BOND ST
TIGARD,OR 97224 TIGARD,OR 97224
2S712CD-07100 2S112CD-01000
BODYFELT ROBERT&BARBARA S HAMBACH MILDRED M TRUST
15740 SW 79TH AVE BY MILDRED HAMBACH TRUSTEE
TIGARD,OR 97224 7735 SW DURHAM RD
TIGARD,OR 97223
2S 112CD-04200 2S 112CD-00800
CHARLES LARRY&MARILYN L HAVERY JOHN W MADELON
7850 SW BOND ST 15970 SW 76TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
25112CD-03400 2S112CD-02900
CHAVARRIA LISA K& HOUGHTON FAMILY LLC
FRANCISCO J BY HOUGHTON RAYMOND C II&
7660 SW BOND ST CAROLYN B
TIGARD,OR 97224 322 8TH ST
LAKE OSWEGO,OR 97034
2S 112CD-03000 2S 112CD-07600
CUNNINGHAM RONALD R&ANNE C HOWIE GEORGE E&DEBRA A
7685 SW BOND 15876 SW 76TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S 112CD-09100 2S 712DCA1400
DANCHOK INVESTMENT GROUP INC JDS LLC&
817 NW SKYLINE CREST RD SANTA FE INVESTORS#1 LLC
PORTLAND,OR 97229 C/O PACIFIC SANTA FE CORP
17700 SW UPPPER BOONES FERRY RD
PORTLAND,OR 97224
2S 113A8-00800 2S 112CD-00400
DUNCAN JOHN A AND KNAUSS HARVEY L
JANICE LEE 14383 SW MCFARLAND BLVD
8321 NW RIDGETOP CT TIGARD,OR 97223
PORTLAND,OR 97229
2S 113A6-01600 2S 112CD-03700
DUNCAN JOHN ARTHUR AND KOOPMAN DEVIN P
JANICE LEE 7720 SW BOND ST
8321 NW RIDGETOP CT TIGARD,OR 97224
PORTLAND,OR 97229
2S112CDA3800 2S112CD-03600
GIRTMAN OPAL B TR IEBEDA VLASTIMIUSHARON
22 GRAVATT DR 15607 SW HIGHPOINT DR
BERKLEY,CA 94705 SHERWOOD,OR 97140
2S112CD-02800 2S112CD-07300
MORRIS WANDA THOMPSON LESLIE H
7725 SW BOND ST 15838 SW 76TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S 7 7 2CD-02400 2S 112CD-02700
MUDD MICHAEL J&WENDY W VOLLINTINE STEVEN T&
7845 SW BOND ST MELODY A
TIGARD,OR 97224 16117 JOSEPHINE ST
OMAHA,NE 68136
2S112CD-03300 2S112CD-03500
NEUFELD DAV�D& WAGNER ERNST J
51MPART LORRI 768Q 5W BOND
15895 SW 76TH AVE TIGARD,OR 97224
TIGARD,OR 97224
2S113BA-00400 2S112CD-03200
OPUS REAL ESTATE OREGON IV LLC WALKER SARAH E
10350 BREN RD W 7645 SW BOND ST
MINNETONKA,MN 55343 TIGARD,OR 97224
25112CD-00300 2S 112CD-04000
PATTON KENT D&AMY SAGER WALLS CHARLOTTE
160 TIMBERLAKE 7780 SW BOND ST
ASHLAND,OR 97520 TIGARD,OR 97224
2S 112CD-03900 2S 112CD-07400
RDQ PROPERTIES LLC ZIMMERMAN LINDA&
2105 PEREGRINE CT CHARLES JR
WEST LINN,OR 97068 15854 SW 76TH AVE
TIGARD,OR 97224
2S 112CD-00900 2S 712CD-00700
RIVAS ERNEST ROSE MERMAN LIN &
16060 SW 76TH AVE CHA S J
TIGARD,OR 97223 15854 TH AVE
T RD,OR 9 4
2S112CD-03100
ROVERS ROBIN
7655 SW BOND
TIGARD,OR 97224
2S112CD-07700
SANDERS RODNEY E&KANA M
15900 5W 76TH
TIGARD,OR 97224
2S7 72CD-04100
51MONS GLEN H
HEALY JEAN M
PO BOX 5996
PORTLAND,OR 97228
Jack Biethan Josh Thomas
11023 SW Summe�eld Drive, #4 10395 SW Bonanza
Tigard, OR 97224 Tigard, OR 97224
Kristen Miller
8940 SW Edgewood Street
Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Louise Fronville
15760 SW Oak Meadow Lane
Tigard, OR 97224
Tim Esau
PO Box 230695
Tigard, OR 97281
Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
J. Dyar
10430 SW Century Oak Drive
Tigard, OR 97224
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
CITY OF TIGARD - SOUTH CIT SUBCOMMITfEE (pg. I of I) (i:lcurpinlsetupllabels\CIT South.doc) UPDATED: November 27, 2002
. :y
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.: MLP2003-00005
Land Use File Name: ZIMMERMAN PARTITION
I, Mathew Scheidegger, Assistant Planner for the City of Tiqard, do affirm that I posted notice of the
land use proposal affecting the land Iocated at (state the approximate location(s) IF no address(s)
and/or tax lot(s) currently registered) .2s /%� c1 - �-�c,1��-?
and did personally post notice of the proposed land use application(s) by means of weatherproof
posting in the general vicinity of the affected territor�r, a copy of said notice being hereto attached
and by reference made a part hereof, on the 3`�`� day of��./ , 2003.
� `
._
Si at on W erformed 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.
�/�'1
Subscribed and swornlaffirmed before me on the `7 '' day of�� , 20�.
o��e►�+.sE.� , '1
CATHF.F�?Nc i�VM1EATL� G����!'lp W
- ►aoTrs�'� ° ••'��-►�� NOTARY PUBLIC OF OREGON
CA�+!:�c::�f.tN NQ.�
MYCOt����:����'��������a� My Commission Expires:
h:Uogin\patty\masterslaffidavit of posting for staff to post a site.doc
.
r
MINOR LAND PARTITION (MLP) 2003-00005
REQUEST: The applicant is requesting approval to perform a two-lot
partition on a parcel of land containing approximately 27,393 square
feet. This partition will create Parcel #1 with approximately 12,37�
square feet, and Parcel #2 with approximately 10, 182 square feet.
LOCATION : 15940 SW 76th Avenue; WCTM 2S112CD, Tax Lot 700.
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 18.390,
18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and
18.810.
Further information may be obtained from the Planning Division �staff contact:
Mathew Scheideg er at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling
503-639-4171 . A copy of the application and all documents and evidence submitted
by or on behalf of the applicant and the applicable criteria are available for inspection
at no cost and copies for all items can also be provided at a reasonable cost.
AFFIDAVIT OF MAILIHG �
CITY OF TIGARD
�ommunity�Devefapment
Sf+apingA BetterCommunity
I, �Patricia G. Gu�ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorA�lministratr've SpeciaCut for
the C=ty ofTrgar , �Was(tin�ton County, Oregon and that I served the following:
(CheCk Appropnate Box(s)BebwE
� NOTICE OF PENDIN6 LAND USEAPPLICATION FOR: MLP2003-00005/IIMMERMAN PARTITION
� AMENDED NOTICE (FIIeNo./NameReterence)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit"A",and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Exhlblt"B",and by reference made a part
hereof, on March 21,2003, and deposited in the United States Mail on MerCh 27,2003, postage prepaid.
-C-�i' D?
(Person at pa otice
.S7,A2rE O�F O�GON )
County of`WasT:ngton �ss.
�'ity of�igard )
Subscribed and sworn/affirmed before me on the �day of l��r I , 2003.
OFFICIAL SEAL
w; DIANE M JELDERKS .
�'�' NOTARY PUBLIC-0REGON
COMMISSION NO.326578 .����
MY COMMISSION EXPIRES SEPT.07,2003 Gl/�(�
My Commission Expir . D
NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: EXHIBlT..G�..._
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 `�°mmun�t��ommunit
Skaping J7 y
DATE OF NOTICE: March 27, 2003
FILE NUMBER: MINOR LAND PARTITION (MLP) 2003-00005
FILE NAME: ZIMMERMAN PARTITION
PROPOSAL: The applicant is requesting approval to perform a two-lot partition on a parcel of land
containing approximately 27,393 square feet. This partition will create Parcel #1 with
approximately 12,375 square feet, and Parcel#2 with approximately 10,182 square feet.
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 18.390, 18.420, 18.510,
18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810.
LOCATION: 15940 SW 76'"Avenue; WCTM 2S112CD, Tax Lot 700.
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS:
Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to
submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT
5:00 PM ON APRIL 10, 2003. All comments should be directed to Mathew Scheidegger, Assistant Planner in the
Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of
Tigard by telephone at (503) 639-4171.
ALL COMMENTS MUST BE RECEIVED BY TNE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED
ABOYE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS.
THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL
BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS
TENTATIVELY SCHEDULED FOR MAY 1. 20U3. 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 I) ADMINISTRATIVE DECISION. THE
DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN
500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE
ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED
UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH
CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION.
SUMMARY OF THE DECISION-MAKING PROCESS:
. The application is accepted by the City
. Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-
day written comment period.
. The application is reviewed by City Staff and affected agencies.
. City Staff issues a written decision.
• Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all
owners of record of property located within 500 feet of the site, as shown on the most recent property tax
assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any
governmental agency which is entitled to notice under an intergovernmental agreement entered into with the
City which includes provision for such notice or anyone who is otherwise entitled to such notice.
INFORMATION/EVIDENCE AVAILABLE FOR REVIEW:
The application, written comments and supporting documents relied upon by the Director to make this decision are
contained within the record and are available for public review at the City of Tigard Community Development
Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this
service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of
this Notice under the section titled "Your Right to Provide Written Comments."
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74TH AVENUE INDUSTRIAL PARK LLC GJERSTAD DAVID M 8
8100 SW DURHAM RD CAROL A EXHIBIT �
TIGARD,OR 97224 7785 SW BOND ST
TIGARD,OR 97224
2S 112CD-00701 2S 112CD-02600
BLACKWELL JAY M&TRACI N GRAY S DIANE
15950 SW 76TH 7765 SW BOND ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 112CD-07100 2S 112CD-01000
BODYFELT ROBERT&BARBARA 5 HAMBACH MILDRED M TRUST
15740 SW 79TH AVE BY MILDRED HAMBACH TRUSTEE
TIGARD,OR 97224 7735 SW DURHAM RD
TIGARD,OR 97223
2S 112CD-04200 2S 112CD-00800
CHARLES LARRY&MARILYN L HAVERY JOHN W MADELON
7850 SW BOND ST 15970 SW 76TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S 712CD-03400 2S 112CD-02900
CHAVARRIA LISA K 8 HOUGHTON FAMILY LLC
FRANCISCO J BY HOUGHTON RAYMOND C II 8�
7660 SW BOND ST CAROLYN B
TIGARD,OR 97224 322 8TH ST
LAKE OSWEGO,OR 97034
2S 112CD-03000 2S 112CD-07600
CUNNINGHAM RONALD R&ANNE C HOWIE GEORGE E&DEBRA A
7685 SW BOND 15876 SW 76TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S112CD-09100 2S112DC-01400
DANCHOK INVESTMENT GROUP INC JDS LLC&
817 NW SKYLINE CREST RD SANTA FE INVESTORS#1 LLC
PORTLAND,OR 97229 C/O PACIFIC SANTA FE CORP
17700 SW UPPPER BOONES FERRY RD
PORTLAND,OR 97224
2S 113AB-00800 2S 112CD-00400
DUNCAN JOHN A AND KNAUSS HARVEY L
JANICE LEE 14383 SW MCFARLAND BLVD
8321 NW RIDGETOP CT TIGARD,OR 97223
PORTLAND,OR 97229
2S 113AB-07 600 2S 112CD-03700
DUNCAN JOHN ARTHUR AND KOOPMAN DEVIN P
JANICE LEE 7720 SW BOND ST
8321 NW RIDGETOP CT TIGARD,OR 97224
PORTLAND,OR 97229
zsi i 2co-osaoo 2S 112CD-03600
GIRTMAN OPAL B TR LEBEDA VLASTIMIL/SHARON
22 GRAVATT DR 15607 SW HIGHPOINT DR
BERKLEY,CA 94705 SHERWOOD,OR 97140
2S172CD-02800 2S112CD-07300
MORRIS WANDA THOMPSON LESLIE H
7725 SW BOND ST 15838 SW 76TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S112CD-02400 2S112CD-02700
MUDD MICHAEL J&WENDY W VOLLINTINE STEVEN T&
7845 SW BOND ST MELODY A
TIGARD,OR 97224 16117 JOSEPHINE ST
OMAHA,NE 68136
2S 712CD-03300 2S 112CD-03500
NEUFELD DAVID& WAGNER ERNST J
SIMPART LORRI 7680 SW BOND
15895 SW 76TH AVE TIGARD,OR 97224
TIGARD,OR 97224
2S 113BA-00400 2S 112CD-03200
OPUS REAL ESTATE OREGON IV LLC WALKER SARAH E
10350 BREN RD W 7645 SW BOND ST
MINNETONKA,MN 55343 TIGARD,OR 97224
2S 112CD-00300 2S 112CD-04000
PATTON KENT D&AMY SAGER WALLS CHARLOTTE
160 TIMBERLAKE 7780 SW BOND ST
ASHLAND,OR 97520 TIGARD,OR 97224
2S112CD-03900 2S112CD-07400
RDQ PROPERTIES LLC ZIMMERMAN LINDA&
2105 PEREGRINE CT CHARLES JR
WEST LINN,OR 97068 15854 SW 76TH AVE
TIGARD,OR 97224
2S 112CD-00900 2S 112CD-00700
RIVAS ERNEST ROSE MERMAN lIN 8�
16060 SW 76TH AVE CHA S J
TIGARD,OR 97223 15854 TH AVE
T RD,OR 9 4
2S712CD-03100
ROVERS ROBIN
7655 SW BOND
TIGARD,OR 97224
2S 112CD-07700
SANDERS RODNEY E&KANA M
15900 SW 76TH
TIGARD,OR 9T224
2S112CD-04100
SIMONS GLEN H
HEALY JEAN M
PO BOX 5996
PORTLAND,OR 97228
Jack Biethan Josh Thomas
11023 SW Summefield Drive,#4 10395 SW Bonanza
Tigard, OR 97224 Tigard, OR 97224
Kristen Miller
8940 SW Edgewood Street
Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Louise Fronville
15760 SW Oak Meadow Lane
Tigard, OR 97224 �
Tim Esau
PO Box 230695
Tigard, OR 97281
Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
J. Dyar
10430 SW Century Oak Drive
Tigard, OR 97224
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
CITY OF TIGARD - SOUTH CIT SUBfOMMITTEE (pg. I of I) (i:lcurpinlsetupllabels\CIT South.doc) UPDATED: November 27, 2002
�- . .
\J � GEOGR�PHIC iNFOPM�iiON SVSiEM
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�jA InformaUon on this map is for penenl locatio�only and
I � �7� shouW be verified with the Devebpment Services Division.
13125 SW Hell Blvd
Q Tigard,OR 97223
, (503)639-4171
, htlp:/Mv.w.ci.ligard.or.us
Community Development Plot date:Mar 21,2003;C:lmagicWIAGIC03.APR
2S 112DC-01500 2S 112CD-02500
74TH AVENUE INDUSTRIAL PARK LLC GJERSTAD DAVID M&
8100 SW DURHAM RD CAROL A
TIGARD,OR 97224 7785 SW BOND ST
TIGARD,OR 97224
zsi i zc�-oo�oi zs i i zco-o2soo
BLACKWELL JAY M&TRACI N GRAY S DIANE
15950 SW 76TH 7765 SW BOND ST
TIGARD,OR 97224 TIGARD,OR 97224
2S 112CD-07100 2S 112CD-01000
BODYFELT ROBERT&BARBARA S HAMBACH MILDRED M TRUST
15740 SW 79TH AVE BY MILDRED HAMBACH TRUSTEE
TIGARD,OR 97224 7735 SW DURHAM RD
TIGARD,OR 97223
2S 112CD-04200 2S 112CD-00800
CHARLES LARRY 8 MARILYN L HAVERY JOHN W MADELON
7850 SW BOND ST 15970 SW 76TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S 112CD-03400 2S 112CD-02900
CHAVARRIA LISA K& HOUGHTON FAMILY LLC
FRANCISCO J BY HOUGHTON RAYMOND C II&
7660 SW BOND ST CAROLYN B
TIGARD,OR 97224 322 8TH ST
LAKE OSWEGO,OR 97034
2S 112CD-03000 2S 112CD-07600
CUNNINGHAM RONALD R&ANNE C HOWIE GEORGE E&DEBRA A
7685 SW BOND 15876 SW 76TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S 112CD-09100 2S 112DC-01400
DANCHOK INVESTMENT GROUP INC JDS LLC&
817 NW SKYLINE CREST RD SANTA FE INVESTORS#1 LLC
PORTLAND,OR 97229 C/O PACIFIC SANTA FE CORP
177a�SW UPPPER BOONES FERRY RD
PORTLAND,OR 97224
2S 113A6-0O800 2S 112CD-00400
DUNCAN JOHN A AND KNAUSS HARVEY L
JANICE LEE 14383 SW MCFARLAND BLVD
8321 NW RIDGETOP CT TIGARD,OR 97223
PORTLAND,OR 97229
2S 113AB-01600 2S 112C D-03700
DUNCAN JOHN ARTHUR AND KOOPMAN DEVIN P
JANICE LEE 7720 5W BOND ST
8321 NW RIDGETOP CT TIGARD,OR 97224
PORTLAND,OR 97229
2S 112CD-03800 2S 112CD-03600
GIRTMAN OPAL B TR LEBEDA VLASTIMIUSHARON
22 GRAVATT DR 15607 SW HIGHPOINT DR
BERKLEY,CA 94705 SHERWOOD,OR 97140
2S 112CD-02800 2S 112CD-07300
MORRIS WANDA THOMPSON LESLIE H
7725 SW BOND ST 15838 SW 76TH AVE
TIGARD,OR 97224 TIGARD,OR 97224
2S112CD-02400 2S112CD-02700
MUDD MICHAEL J&WENDY W VOLLINTINE STEVEN T&
7845 SW BOND ST MELODY A
TIGARD,OR 97224 16117 JOSEPHINE ST
OMAHA,NE 68136
2S 112CD-03300 2S 112C�-03500
NEUFELD DAVID& WAGNER ERNST J
SIMPART LORRI 7680 SW BOND
15895 SW 76TH AVE TIGARD,OR 97224
TIGARD,OR 97224
2S 113BA-00400 2S 112CD-03200
OPUS REAL ESTATE OREGON IV LLC WALKER SARAH E
10350 BREN RD W 7645 SW BOND ST
MINNETONKA, MN 55343 TIGARD,OR 97224
2S 112CD-00300 2S 112CD-04000
PATTON KENT D&AMY SAGER WALLS CHARLOTTE
160 TIMBERLAKE 7780 SW BOND ST
ASHLAND,OR 97520 TIGARD,OR 97224
zs i i zco-ossoo 2s��zco-o�aoo
RDQ PROPERTIES LLC ZIMMERMAN LINDA&
2105 PEREGRINE CT CHARLES JR
WEST LINN,OR 97068 15854 SW 76TH AVE
TIGARD,OR 97224
2S112CD-00900 2S112CD-00700
RIVAS ERNEST ROSE MERMAN LIN &
16Q60 5W 76TH AVE CHA S J
TIGARD,OR 97223 15854 TH AVE
T RD,OR 9 4
2S 112C D-03100
ROVERS ROBIN
7655 SW BOND
TIGARD,OR 97224
2S 112CD-07700
SANDERS RODNEY E&KANA M
15900 SW 76TH
TIGARD,OR 97224
2S112CD-04�00
SIMONS GLEN H
HEALY JEAN M
PO BOX 5996
PORTLAND,OR 97228
Jack Biethan Josh Thomas
11023 SW Summerfield Drive, #4 10395 SW Bonanza
Tigard, OR 97224 Tigard, OR 97224
Kristen Miller
8940 SW Edgewood Street
Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Louise Fronville
15760 SW Oak Meadow Lane
Tigard, OR 97224
Tim Esau
PO Box 230695
Tigard, OR 97281
Nathan and Ann Murdock
PO Box 231265
Tigard, OR 97281
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
J. Dyar
10430 SW Century Oak Drive
Tigard, OR 97224
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
CITY OF TIGARD - SOUTH CIT SUBCOMMITfEE (pg. I of I) (i:\curpinlsetup\IabeIslCIT South.doc) UPDATED: November 27, 2002
CITY OF TIGARD
Comnn�nity�17e�i�elopment
S(rapi�ig,��etter('onrnaunity
LAND USE PROPOSAL DESCRIPTION
120 DAYS = 7/23/2003
FILE NO.: ���R��I'�'l,�N� IC��'��M�DD�O 6•ODa2�
FILE TITLE: ZIMMERMAN PARTITION
APPLICANT/ Charles & Linda Zimmerman
OWNER: 15854 SW 76th Avenue
Tigard, OR 97224
REQUEST: The applicant is requesting approval to perform a two-lot partition on a parcel of land
containing approximately 27,393 square feet. This partition will create Parcel #1 with
approximately 12,375 square feet, and Parcel #2 with approximately 10,182 square
feet.
LOCATION: 15940 SW 76th Avenue; WCTM 2S112CD, Tax Lot 700.
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 18.390, 18.420, 18.510, 18.705, 18.715,
18.745, 18.765, 18.790, 18.795 and 18.810.
CIT AREA: South CIT FACILITATOR: List Available U on Re uest
DECISION MAKING BODY BELOW: ❑ TYPE I � TYPE II ❑ TYPE III ❑ TYPE IV
DATE COMMENTS WERE SENT: MARCH 27, 2003 DATE COMMENTS ARE DUE: APRIL 10, 2003
❑HEARINGS OFFICER [MONJ DATE OF HEARING: TIME: 1:00 PM
❑PLANNING COMMISSION [MONJ DATE OF HEARING: TIME: ):OOPM
❑CITY COUNCIL RUESJ DATE OF HEARING: TIME: ]:30PM
�STAFF DECISION RENTATIVE] DATE OF DECISION: MAY 1, 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: Mathew Scheidegqer, Assistant Planner (503� 639-4171, Ext. 2437
.. � `J � �il�7�T.i�3r'�,��
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Fiie# �••�(r p �L'��� -_�_�_r. : Other Case# ��E �c e,� - c � ��;.�
Date 7 c. B �'� Recei t# .��� ���''�''`f Dafe A fication Com lete
; � �? ,
TYPE OF PERIVIIT YOU ARE APPLYING FOR
❑AdjustmentNariance(I or II) �] Minor Land Partition (II) ❑ Subdivision (II or III)
❑ Comprehensive Plan Amendment(IV) ❑ Minor Modification (I) ❑Zone Change {III)
❑ Conditional Use(III) ❑ P(anned Development(III) ❑Zone Change Annexation (IV)
❑ Historic Overlay(II or III) ❑ Sensitive Lands Review(I, II or 111} ❑Zone Ordinance Amendment (IV)
❑ Home Occupation (I or II) ❑ Site Devefopment Review(I!)
❑ Misce{laneous (I)- (Lot Line Adjustment/Temporary Use/Tree Removal/Director's Interpretation, etc.)
ress i avai a e
15840 SW 76th Avenue Ti ard
2S112CD00700
0. 63 acres R-12
.-
Charles and Linda Zimmerman
15854 SW 76th Avenue, Tigard, Oregon 97224
Alex Hurle - 7
ac is i more an one
15854 SW 76th Avenue Ti ard Ore on 97224
"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 speci c
This ro osal is for a two lot. artition with two du lex
units on a parcel of land.
APPIICAT{ONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED IN THE "BASIC SUBMITTAL REQUlREMENTS" INFORMATION SHEET.
,� .:, - .
fH� �'a,���.��G.��i7 5�,�,LL G�RTI�Y TN,A�:
� !f the application is granted, the applicant shail exercise the rights granted in accordanc� with the
terms and subject to ail the conditions and limitations of the approval.
► Ai! 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).
i1GNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
)wner's Signature Date
� Z � �S -�3
)wner'.s Signature Date
�
��"� � � Z S'J 3
)wner's Signature Date
)wner's Signature Date
)wner's Signature Date
�
►pplicanUAgent/Representative's Signature Date
►pplicant/Agent/Representative's Signature . Date
�I�I ,I�i��.
cinr oF ri��e►R�
OREGON
March 25, 2003
Charles and Linda Zimmerman
15854 SW 76th Avenue
Tigard, OR 97224
Dear Mr. & Mrs. Zimmerman:
RE: Notice of Complete Application Submittal — MLP2003-00005
The City has reviewed your submittal material and finds that your application is
complete as of 03/25/03. Staff will now review your application for Land Partition
Approval. A decision will be rendered within 5-6 weeks.
I am available to answer questions and otherwise assist you as may be required at
503-639-4171, extension 2437. Office hours are from 8:00 a.m. to 5:00 p.m. Monday
through Friday. If I am not available, please leave your name and phone number so
that I can call you as soon as possible.
Sincerely, �
;-�/'.� � ;� _ _.
l � �
Mathew S eideg er
Assistant Planner
i:\curpinVnathewlm Ip2003-00005.acc.acc
c: MLP2003-00005 Land Use File
13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD (503)684-2772
�' il ��12,;,
March 5, 2003 �+�� �F T��7��
OREGON
Charles and Linda Zimmerman
15854 SW 76th Avenue
Tigard, OR 97224
Dear Mr. & Mrs. Zimmerman:
RE: Notice of Incomplete Application Submittal — MLP2003-00005
The City has not received the information necessary to begin the review of your Minor
Land Partition application. Staff has, therefore, deemed your application submittal as
incomplete. In order for staff to proceed, the following materials will need to be
submitted:
. Submit 16 additional packets of the narrative and site plan.
. Submit a check in the amount of $232.50.
You have requested a variance to the rear yard setback of proposed parcel #1.
According to the City of Tigard fee schedule, an administrative variance costs
$465.00. However, because the variance is associated with a partition, you are
only required to pay for 50% of additional applications.
I am available to answer questions and otherwise assist you as may be required at
503-639-4171, extension #2437. Office hours are from 8:00 a.m. to 5:00 p.m. Monday
through Friday. If I am not available, please leave your name and phone number so
that I can call you as soon as possible.
Sincerely,
� %
2l� � �' ��__
. ��
athew Scheidegger
Assistant Planner
i:\cu rpl nUnathew�ml p2003-00005.acc
c: MLP2003-00005 Land Use File
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
AKS Engineering & rorestry �� �;��i 'u �i��� ���� �U ��-;�/�;\��I -��r���I�!; .
13910 SW Galbreath Drive, Suite 100
Sherwood, Oregon 97140
aksC�aks-eng.com DATE �_1��� JOBNO: 4�/
/
Phone(503) 925-8799 Fax (503)925-8969
To V I T.y CU�" %/��/ld RE: �i�fi'�f�i�l�N /'��2�/7D�✓
/`',k'F�l,� ,��a-.�' �i7-c�'z_._
FROM: �X //'� �L�
WE ARE SENDING YOU ❑Attached ❑ Under separate cover via the following items:
❑ Shop Drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications
❑ Copy of letter ❑ Change order
COPIES DATE NO. DESCRiPTION
� /�I�'i°LtGfi�v•� iOl�/�7
�
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3 Svrrn.�/ � �.���iv°c
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THESE ARE TRANSMITTED as checked below:
❑ For approval ❑Approved as submitted ❑ Resubmit copies for approval
❑ For your use 0 Approved as noted ❑ Submit copies for distribution
❑As requested ❑ Returned for corrections ❑ Return corrected prints
❑ For review and comment ❑
❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US
REMARKS
COPY TO: f /GG SIGNED: tefj�G7F�
If enclosures are not as nofed, kindly notify us as once.
-e, .
�� .
���. �
. G�e��i�Wa�er Services
f)i�r runii�iitmrnt ia cic;ir.
January 14, 2003
Charles end Linda Zimmerman
' 15943 SW 76w qve.
Tigard, OR 97224
, __��� `
Rita Mroczek ~��~-'�--� '
3980 SW 170`"Ave
� Aloha, OR 97007
I
� Re: 2-Lot Partitto� at 15940 SW 76w Ave.�Tigard{CWS file 2417,Tax map
; 2S192CD, Tax lot 7Q0)
Clean Water Services has received your Sensitive Area Certification for the above
referenced site. District staff has reviewed the submitted materials including site
; condl�Ions,the wetland defineatfon and the Natural Resource Assessment. ARer
reviewing submitted materials, District staff concurs that Sensitive A�eas nea�thi5 site
! would only require a 50-foot vegetated corr3dor, and your property is beyond the 50-ioot
� rnaximum required vegetated carridvr setback.
i
In light of this result, this document wfl! serve as your Service Pr�vider letter as reqUi�ed
by Resolution and Order 00-7, Section 3.02.1, and your Stormwater Connection
authorization fram C1ean Water Services as required by OrdlnanCe 27, Section 4.6. All
required pennits and approvals must be obtained and completed under applicable Iocal,
� state,and federal (aw.
;
This concuRence letter does NOT eliminate the need to protect sensitive areas if they
� are subsequently fdentified. �
� If you have any qusstlons, please feel free to call me at 503-846-3613, .,
Sincerely,
; ��wQ� � �
i �" �vi
� Heidi K. Berg
� Site Assessment Coordinator
;
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155 N Flrtt AvQnuQ, Suita 270•H�Ilsboro.Orngon 97174
Phone:(503>ea6•862t •Fa�c;(503)846•3525•wrwv.cl�enwaterservices.org ;�
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FROM �FIRST AMERlCAN TITLE TO t Sa39258969 2002.12-10 06�02 �?01 P.05/11
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Charl�a zimm�raan, .7s. � _ _._.�ernera��. __ _
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Tigazd, or. 97174 � + WASHIN01'�NCOl1NTf
= STATUTORY WARRAN7Y DEED � "��PAOp[arr rr�vst�a TNc
� tindividu�l{ _ ';:�,"� 3 p0— ��--�=lr3}
M �(Abcvs� a�rvad�L�AeeoY$i�i'$•� V �}
� Deana L. Doun+as►
� coov�yt vqd +r�srants bo
f� Liada tine�rmaa and Charlu Zioenerman, Jr., S1i!• and Eu�b�ad
z�
Z� t2s� loiloria4 Gsa;ik�4 sul prop�rty in !h� ■t�E� o! Or�qea and oomer ot NaahiagLWs
F� lrs� oi �naunCr�nc�a. �a�yt �� ay�ailicaliy i�t tosth h�s�ia�
n�qiaainl •e E� Kera�ue oorn�s o! Lot I, DII�iI XCRiif W�aC� �lOOq Eh� L�C li� oL
■aid Lot l, touth OS•27�27• M��t ii.70 !qb to an aaql� pe1aL� nL�ac� santL 37•{i�07• XNt
7C.21 l��e ee e1� lrerab�ua aespr e� af�a l�ai �esvsY�d eo wy�i� llGvasQ aad vit�, Ly d��d
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•�id d��d Norsb �i•�]'OD� a��a lta.74 l��o� �h�na� NosLh OS'37'00� i��C 2n9.4o l��es
th�ae• �iorEb !d•41�00• NMt 57.00 ���Ot tL�ue• 8eutn s9■]l�ao� th�e I�.17 f��C to t21•
ivt�slY 2S loot siQhk e! vny lin� s! !ealhr��t 7�bh av�au� ;� d��osib�d in d�dleaaisa
d��d r�aording 11a. �!-O��OSOt �aa� aloaQ l��b s�id lia� lrotkh 01'f4�0E• la�t 77.OD !wC
eo Ctt� NOlSb lia� o! safd L�� 3! sh�aa� alaaq CL� 7foreh liw� o! Lob i, w..«.� aa�a�co�
(COOtinu�d)
Tax Accouoc Numb�r(sl:
Thii psop�rey is lr�� e! �ncnmbr�aa�a, lYC3t2:
Cownants, eoaditiea�, rr�trioe2on�, righaa o! vay, aaa�ncs aad r�a�rvaeioa� now o!
reeord.
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ZIMMERMAN PARTITION
NOVEMBER 15, 2002
I
ENGINEERING&FORESTRY
13910 S.W. GALBREATH DR., SLTITE 100
SHERWOOD, OREGON 97140
PHONE: (503) 925-8799
FAX: (503) 925-8969
GENERAL I�1FORIVIATION
APPLICANT: Charles and Linda Zimmerman
15854 SW 76th Avenue
Tigard, OR 97224
OWNER: Charles and Linda Zimmerman
15854 SW 76`h Avenue
Tigard, OR 97224
PLANNIl�TG/SURVEYING FIRM: AKS ENGINEERING & FORESTRY
13910 SW Galbreath Drive, Suite 100
Sherwood, OR 97140
Contact: Alexander H. Hurley, P.E.
alex@aks-eng.com
PROPERTY ADDRESS: 15940 SW 76`h Avenue
Tigard, OR 97224
TAX LOT: Tax Lot 2S112CD00700
Lot Size: 0.63 acres
CURRENT ZONIriG: R-12
PRE-APPLICATION MEETING: September 17, 2002
SITE DESCRIPTION
The site is located between SW 76th Avenue and Fanno Creek, approximately 400 feet north of
the intersection of SW 76`h Avenue and SW Durham Road. An existing house and garage are
present on the site. The site has scattered trees and slopes gently to the east.
There is currently sanitary sewer service available at the western property line along SW 76`h
Avenue. An existing water meter, stubbed from a water line in SW 76`h Avenue currently serves
the existing house. Storm water from the site currently drains east into Fanno Creek.
PROPOSAL
The applicant is requesting approval to perform a two lot partition, with two duplex units, on a
parcel of land containing approximately 0.63 acres (27,394 square feet). This partition will
create Parcel 1 with approximately 12,375 square feet and Parcel2 with approximately 10,182
square feet.
The following discussion addresses the chapters of the City of Tigard Development Code that
were determined to be relevant to this Type II application during a pre-application meeting held
with the City of Tigard on September 17, 2002.
Chapter 18.370 Decision-Making Procedure
18.370.010 Variances
G �proval process and standards.
1. The applicant is requesting a variance to the rear yard setback for the existing house located
on proposed Parcel 1. This variance will be processed by the City of Tigard as a Type II
procedure as part of this development application.
2. The applicant's variance satisfies the following criteria:
a. This variance will not be materially detrimental to the purposes of this title, to any other
applicable policies and standards, and to other properties in the same zoning district or vicinity.
This variance is requesting that the required 15 foot rear yard setback be modified to 5 feet for
the existing house on Parcel 1. This house was constructed approximately 30 +/- years ago in its
present location. The house fits in with the surrounding properties. There are not any problems
with its current location with the neighboring property to the south.
b. There are special circumstances which exist that are peculiar to the lot size or shape,
topography or other circumstances over which the applicant has no control, and which are not
applicable to other properties in the same zoning district.
This house was constructed approximately 30+/- years ago in its present location. The applicant
has recently purchased the property and had no control over the location of the existing house.
c. The use proposed will be the same as permitted under this title and City standards will be
maintained to the greatest extent that is reasonably possible while permitting reasonable
economic use of the land.
The applicant is proposing a two lot partition with residential units in compliance with City
zoning standards and is not proposing any use not allowed. This variance is essential to maintain
the economic use of the land by developing it to the density mandated by the City zoning
standards.
d. Existing physical and natural systems, such as but not limited to traffic, drainage, dramatic
land forms or parks will not be adversely affected any more than would occur if the development
were developed as specified in the title.
Approval of this variance to the rear yard setback will not affect the existing physical and natural
systems on or adjacent to this property since the existing house will remain in its cunent location.
e. This hardship is not self-imposed and the requested variance is the minimum which will
alleviate the hardship.
The existing house was constructed by another owner approximately 30+/- years ago. Since that
time the City Zoning Code has undergone dramatic changes. It is not possible for either the
original or present owners to have realized that constructing the house in its present location
would violate the current setback requirements. Approval of this vaxiance is the minimum
change necessary to alleviate the hardship.
Chapter 18.390 Decision-Making Procedure
18.390.040 Type II Procedure
A. Preapplication con erence.
A preapplication conference was held on September 17, 2002.
B. Application requirements.
A Type II Partition application and Type II Variance application with all requested information
and a check for$2,400 is attached. Two sets of pre-stamped and pre-addressed envelopes for all
the property owners of record as specified by the City of Tigard are attached. A copy of the
current deed, an impact study, and preliminary development plans are also attached.
Chapter 18.420 Land Partitions
18.420.OSO Approval Criteria
A. Approval Criteria
1. This application complies with all known statutory and ordinance requirements and
regulations.
2. There are adequate public facilities to serve the proposal. Sanitary sewer service for Parcels 1
and 2 will be provided by extending a public sewer main east approximately 200 feet through the
proposed private street and extending laterals to the parcels. Water service for the proposed units
will be provided by tapping into the existing water main in SW 76`h Avenue. Storm water from
the proposed buildings will be routed to an infiltration trench/level spreader that will allow the
water to sheet flow to the east into Fanno Creek. The applicant is choosing to pay a "fee-in-lieu"
of undergounding the overhead power lines fronting the property on SW 76th Avenue.
3. A storrn water drainage plan is shown on the attached Preliminary Development Plans. This
pIan shows that the proposed parcel will drain to the east into Fanno Creek. The applicant is
choosing to pay a "fee-in-lieu" of providing water quality for the additiona12,640 square feet of
impervious area to be created by the new parcel. The fee-in-lieu of($210) will be assessed to the
applicant when receiving building permits.
�. _ �_ . . _ . � � _
4a. The parcels created with this partition meet the lot width requirements of the R-12 zone.
b. T'he parcels created with this partition meet the minimum lot area requirements.
c. The parcels created with this partition front a 25 foot tract with a 20 foot wide paved private
street.
d. The existing building is located with the back of the house being approximately 5.8 feet from
the southern property line. This application is requesting a variance to the rear yard setback
requirements for this zone for the existing house. The new building to be placed on the other
parcel will meet the setback requirements for the zone.
e. There are no flag lots proposed with this application.
f. There is a paved drive to the existing house on the property. Since the paved access is
existing,this application is not proposing any additional screening for the drive.
g. There are no accessways that would have a detrimental effect on fire fighting capabilities. An
existing fire hydrant is located in front of the property along SW 76`h Avenue.
, h. A tract with a 20 fovt wide paved private street will provide access to the Parcels. The tract �
will be owned and maintained by Parcel's 1 and 2.
5. The private street will comply with City of Tigard standards.
6. This project is located more than 50 feet away from the 100 year flood plain.
7. This application is proposing a variance to the building setback requirements for the existing
house on Parcel 1.
18.420.060 Final Plat Submission Requirements
The requirements of this section will be met when the final plat is submitted to the City.
18.420.070 City Acceptance of Dedicated Land
This application is not proposing to dedicate any right-of-way on SW 76`h Avenue. The existing
half-width right-of-way on SW 76�h Avenue is twenty-five feet.
18.420.080 Recording Partition Plats
The requirements of this section will be met when the final plat is submitted to the City.
Chapter 18.51 D Residential Zoning Districts
I8.SIO.1I20 List of Zoning�istricts
F. R-12: Medium-Densitv Residential District
This application is for the development of two parcels. Parcel 1 will be approximately 12,275
square feet and will meet all of the applicable requirements of the R-12 zone (with the
adjustment for building setbacks). Parcel2 will be approximately 10,182 square feet and will
meet the requirements of the R-12 zone. Parcel 1 is designed to allow for a future partition into
two parcels as shown on the preliminary development plans.
18.510.030 Uses
A. Tvpes o uses.
All of the uses proposed with this application are permitted.
18.510.040 Minimum and Maximum Densities
The minimum density allowed for this property under the current zoning rules is five units. The
maximum density is seven units. This application is proposing to partition the property into two
parcels with duplexes on each parcel for a total of four units. However,the preliminary
development plans show that Parcel 1 can be subdivided in the future into two parcels which will
allow the development of five units. Therefore, this application meets the requirements of this
section.
18.510.050 Development Standards
A. Compliance required.
This development complies with all applicable development standards and does propose one
adjustment for building setbacks.
B. Development Standards.
This development meets the standards as listed in Table 18.510.2 of the City of Tigard
Development Code with the exception of the rear yard setback for the existing house.
Chapter 18.705 Access/Egress/Circulation
I8.705.030 General Provisions
B. Access Plan Rec�uirements.
This application includes Preliminary Development plans that show the access to the proposed
parcels. Parcels 1 and 2 will access SW 76`h Avenue from a private street to be placed in a tract
to be owned and maintained by Parcel's 1 and 2.
D. Public Street Access.
The proposed private street for Parcels 1 and 2 will directly access SW 76`h Avenue.
E. Curb Cuts.
There will be no curb cuts required with this application.
F. Required Walkway Location.
The applicant is not proposing any public street improvements.
The applicant will enter into a Restrictive Covenant for future improvement on SW 76`h Avenue
in accordance with City of Tigard standards.
G. Inadequate or Hazardous Access.
This development does not propose any accesses that would be hazardous, provide inadequate
access for emergency vehicles, or cause a hazardous condition.
This development does not propose any access to arterial or collector streets.
H. Minimum Access Requirements for Residential Use.
This development proposes a joint access (private street) for Parcels 1 and 2 which are both
duplex units. Per table 18.705.1 the minimum access width required is 20 feet wide with a
minimum paved width of 20 feet. The proposed private drive will be 25 foot wide with a 20 foot
wide pavement section.
Chapter 18.71 S Density Computations
18.71 S.OZO Density Calculation
� B. CalculatinQ Maximum Number o�Residential Units.
The maximum number of residential units is calculated as follows: 27,389 square feet (Gross
area) - 4,832 square feet (Private Street Tract) =22,557 square feet/ 3,050 square feet= 7.4 =7
units.
Therefore, a maximum of seven units are allowed on this property.
C. CalculatingMinimum Number ofResidential Units.
The minimum number of residential units is calculated as follows: 7 units * 0.8 = 5.6 =5 units.
Therefore, a minimum of five units are allowed on this property.
Chapter 18.74��andscaping and Screening
This application is not proposing any landscaping or screening.
Chapter I8.765.070 Minimum and Maximum Off-Street Parking Requirements
Both of the proposed parcels will have at least two off-street parking spaces per the requirements
of Table 18.765.2 of the City of Tigard Development Code.
Chapter 18.790 Tree Removal
18.790.030 Tree Plan Requirement
A. Tree Plan Required.
A tree plan is attached with the preliminary development plans. The tree plan has been made in
conjunction with a certified arborist.
B. Plan ReQuirements.
The tree plan contains all of the required items from this section. The City of Tigard does not
require mitigation for tree removal, as long as more than 75% of the trees over 12 inches in
diameter are to be retained. This proposal is only removing three trees over 12 inches in
diameter(25% of the trees over 12" in diameter); therefore, tree mitigation is not required.
Chapter 18.795 Visual Clearance Areas
18.795.040 Computations
B. Non-Arterial Streets.
The visual clearance requirements for the proposed driveway are met, as shown by the visual
clearance diagram shown on the Preliminary Development Plans.
Chapter 18.810 Street and Utility Improvement Standards
18.810.030 Streets
A. Improvements.
The applicant chooses to enter into a Restrictive Covenant for future improvements to SW 76th
Avenue. Therefore, this application does not propose any street improvements.
18.810.090 Sanitary Sewer
The development proposes to build a public sanitary sewer main from the existing sanitary sewer
main in SW 76`h Avenue to the east approximately 200 feet and provide sanitary service laterals
to Parcels 1 and 2.
, .�
18.810.100 Storm Drainage
Storm water will drain to the east into an infiltration/level spreader and then into Fanno Creek.
Additional runoff created by this development will be negligible, and it is not anticipated that any
existing downstream drainage facility will be overloaded. The applicant is proposing to pay a
"fee-in-lieu" of providing storm water detention or water quality treatment.
18.810.120 Utilities
There is an existing water service to Parcel 1. Water service will be provided to Parcel2 by
tapping the existing water main in SW 76th Avenue. The applicant is choosing the "fee-in-lieu"
option, instead of undergrounding the existing overhead utilities fronting SW 76`h Avenue. The
total length of frontage along SW 76`h Avenue is approximately 37 feet; therefore,the fee for not
undergrounding the utilities is $1,017.50 ($27.50/foot * 37 feet= $1,017.50).
ZIMMERMAN PARTITION
PARTITION APPLICATION
---� -�- --:�-�-- —.— -�— LOCATED IN$ECPON 12,TOWNSHIP 2 SOUTH.
, ����.� - T - . � .m��..�. �� RANGE 1 WEST.WILLAMETTE MERIDIAN.
t � , Citt OF iIGARD.WASNMGTON CWN1Y,OREGON
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� CHARLES AND 11N0A ZIMMERpAN AKS ENGWEERING&FORESTRY,LLC.
'��'�`u"�. ����,' � � �. 15854 SW 76TH A�f. CON�ACT: ENGINEER
�� 71GARD,OREGON 97224
�Ot�iis yp � � . ��. � 13910 SW G4LBREATH ORNE,SUITE 100
�� . � PHONE(503)431-2234 �{�yyppD,OR 97140
� � FAX:(503)443-1339
�; ItF� r : � � � PH:503-925-8799
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FAX:503-925-8969
�"'� � ��� I LOCAIID IN SECTION 1�2,TONNSHIP 2 SOU7H,
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VICINI I 1 1Y1/'1P I I TYPE OF DWEWNGS:RESIDENTIAL
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werza�euc �- --...-.-..- ...- —.� ..— � MUST NOTIFY iHE CENIER AT LEAST 2 BUSINESS DAYS BUT NOT 110RE THAN 10 BUSINESS DAYS,
— - BEFORE COMMENqNG AN EXCAVA110N.CAll(503j 246-6699.
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NOTES:
t. THIS PROPERTY IS NOT LOCATED WITHIN THE FEMA 100 YEAR FLOOD PLAIN. y ,F;,�
2. NO SIGNIFICANT GRADING IS TO BE PERFORMEO WITH THIS DEVELOPMENT. � �""�"'`
2.r2-G"3
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IMPACT STUDY
PROJECT ZIMMERMANPARTITION(NOVEMBER, 2002)
TRANSPORTATION SYSTEM:
This development fronts SW 76`�Avenue to the west. SW 76th Avenue is currently
unimproved with approximately 25 feet+/- of pavement. SW 76`'' Avenue does not have
curb, gutter, or sidewalks and is classified as a Local Residential Street.
Storm water from SW 76th Avenue currently flows down the sides of the street to the
south and toward Fanno Creek.
The applicant is choosing to enter into a Restrictive Covenant for future improvements
for SW 76`h Avenue.
The access to the existing house (Parcel 1) currently is from a private driveway that
fronts SW 76th Avenue. This private driveway will be improved to a 20 foot wide paved
section to accommodate Parcel2.
DRAINAGE SYSTEM:
The current storm water drainage for the site drains to the east into Fanno Creek. This
application does not propose to change the current drainage pattern. The existing house
as well as a future house will drain into an infiltration trench/level spreader that will
allow the storm water runoff to sheet flow to Fanno Creek.
The applicant is choosing to pay a fee-in-lieu of($210 for every 2640 square feet of
created impervious area) to meet C1eanWater Services water quality requirements. This
development will create approximately 2640 square feet of new impervious area ($210)
by creating one additional buildable lot (Parcel2).
PARKS SYSTEM:
This development is not proposing to donate any land to the City of Tigard for open
space or parks.
WATER SYSTEM:
There is currently an existing water service serving the existing house that will be located
on Parcel 1. This development will add three water services to serve the additional
dwelling unit on Parcel 1 and the duplex on Parcel2. The water services will tap into the
existing water main located in SW 76`h Avenue.
1
_ i
SEWER SYSTEM:
The current house is being served by a sewer lateral from SW 76th Avenue. This lateral
will be abandoned with this development. A public sanitary sewer main will be built to
the east approximately 200 feet from the existing main in SW 76`h Avenue with laterals
that will serve the four duplexes.
NOISE IMPACTS:
This proposed development is a residential partition which will create two additional
residential parcels and three additional dwelling units. This development should not
generate any extraordinary noise impacts to the surrounding neighborhood.
2
aw
CITY OF TIGARD
PRE-APPLICATION CONFERENCE NOTES �o m�un�A�Dev��pment
SfutpingA BetterCommunity
(Pre-Application Meeting Notes are Yalid for Siz (6) Months)
RESIDENTIAL
_t ._._. .:,_ : -.., .__ ..,-:::�.�y_
��ra�o� �/►��l 07,
���� M� R.Sr.
APPLICANT: vrr,c�u Zrrn�r�rv,ar► AGENT:
Phone: ���3) �f3!- 223y Phone: ( )
PROPERTY LOCATION: j 59'��'
ADDRESS/GENERAL LOfATION: �1�I SG/ 7G�`�
TIU( MAP(S)/LOT #(S): �S j I ZGD o�rt�
NECESSARY APPLICATIONS: Id(��,nr �u,�c� `f�w�'t�'lorl �ML��
PROPOSAL DESCRIPTION: pt,,-i��a� ��!T�-r,� 1���j Io�5
COMPREHENSIVE PLAN
MAP DESIGNATION: M��✓v� 1�� �Pr.����7w�
ZONING MAP DESIGNATION: 12- I Z
CITIZEN INVOLVEMENT TEAM (C.I.T.)AREA: So✓-f'�
ZONIN6 DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18. 1 b 1
MINIMUM LOT SIZE: vi0 sq. ft. Average Min. lot width: -� ft. Max. building height:�ft.
S�tbacks: Front ��ft. Side_�ft. Rear�ft. Corner 1 V ft. from street.
MAXIMUM SITE COVERAGE: �% Minimum landscaped or natural vegetation area: �v %.
GARAGES: 7 o ft.
❑ NEI6HBORHOOD MEETING [Refer to the Neighborhood Meetlng Handoutl
THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS
OF ANY LAND USE SUBCOMMITTEE(S), AND THE CITY OF TIGARD PLANNING DIVISION of
their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is
required. Please review the Land Use Notification handout conceming site posting and the meeting
notice. Meeting is to be held prior to submitting vour application or the application will not be
accepted.
" NOTE: In order to also preliminarily address building code standards, a meeting with a Plans
Examiner is encouraged prior to submittal of a land use application.
CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9
Residential ApplicatioNPlanning Division Section
�
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� NARRATIYE [Refer to Code Chapter 18.3901
The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable �I
approval standards. Failure to provide a narrative or adequately address criteria would be reason to
consider an application incomplete and delay review of the proposal. The applicant should review
the code for applicable criteria.
� IMPACT STUDY [Refer to Code Sectlons 18.390.040 and 18.390.0501
As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE
AN IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the
development on public facilities and services. The study shall address, at a minimum, the
transportation system, including bikeways, the drainage system, the parks system, the water system,
the sewer system and the noise impacts of the development. For each public 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 larg e, 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.
Q ACCESS [Refer to Chapters 18.705 and 18.7651
Minimum number of accesses: 1 Minimum access width: ZO ` (� ' 3*��w�s� .
Minimum pavement width: ZU'
❑ WALKWAY REQUIREMENTS [Refer to Code Chapter 18.7051
Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each
residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING
AREA, COMMON OPEN SPACE AND RECREATION FACILITIES.
� RESIDENTIAL DENSITY CALCUlATIOM [Refer to Code Chapter 18.7151-SEE EI(AAIMPLE 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: �7��d t
All sensitive lands areas includin4: _5�r�6 (7,v�y��''"s5�'�`d/
➢ Land within the 100-year floodplain; f
➢ Slopes exceeding 25%; � gH
➢ Drainageways; and ���'�.�,�r �pa,„l
➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. �'��'(F
Public right-of-way dedication: o � ��i� ���5r t��
➢ Single-family allocate 20/o of gross acres for public facilities; or 2d 3 p (M�^
➢ Multi-family allocate 15% of gross acres for public facilities; or } �
➢ If available, the actual public facility square footage can be used for de uction. �0.x
6 i��
l� M�/l
E1�AAMPLE Of RESIDENTIAL DEMSITY 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 Multi-�amil]I
43,560 sq.ft. of gross site area 43,560 sq.ft.of gross site area
8.712 sq.ft. (20%)for public right-of-way 6,534 sq.ft. (15%)for public riqht-of-way
NET: 34,848 square feet NET: 37,026 square feet
- 3.050 (minimum lot area� - 3.050 (minimum lot area)
= nits er cre = . mts er cr�
�ide oerelepmem C�de reqn�es tWt Ipe net site area e�dst for tl�e aaQ whde dwelli�p uNt N9 90UNOIN6 OP IS PERMITiED.
*Wpi�uro Pnkct�easf4l�s 8�%N t�e m�dmum�6�wed deasi4�.TO�ETERMINE TNIS STANDARB,MUITIPl9 THE MAIOMUM NUMBEB OF UNRS BY.i.
CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9
ResidenUal ApplicationlPlanning Div�sion Secfion
❑ SPECIAL SETBACKS [Refer to Code Sectlon 18.1301
➢ STREETS: feet from the centerline of
➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures.
➢ ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained
between each dwelling unit o�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.
[S�e applicable zoning district for the primary structures'sethack requirements.l
�i�lA6 LOT BUILDIN6 NE16HT PROYISIONS [Refer to Code Chapter 18.7301
�� s�f MAXIMUM HEIGHT OF 1'/z STORIES or 25 feet, whichever is less in most zones; 2'h stories, or 35
�S u feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are
�ur� sati fied. � �j � (��
�-(K�C�c�uy �'�f✓c��.<JMu'-� � e.u��1 ��f lilu5 ��� ��Y!►ZT�-;r7�� ��vy (:.�TP{�y��,^c�ratn� ��l� 7
❑ BUFFERIN6 AND SCREENIN6 [Refer to Code Chapter 18.7451
In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE
OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the
CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer
areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of
deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and
horizontal plantings. Site obscuring screens or fences may also be required; these are often
advisable even if not required by the Code. The required buffer areas may onlv be occupied by
vegetation, fences, utilities, and walkways. Additional information on required buffer area materials
and sizes may be found in the Development Code.
The ESTIMATED REQUIRED BUFFERS applicable to your proposal area is:
Buffer Level along north boundary. Buffer Level along east boundary.
Buffer Level along north boundary. Buffer Level along east boundary.
IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG:
�LANDSCAPIN6 [Refer to Code Chapters 18.745,18.165 and 18.7051
STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR
PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must
be placed either within the public right-of-way or on private property within six (6) feet of the right-of-
way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured �
four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the
branching width of the proposed tree species at maturity. Further information on regulations
affecting street trees may be obtained from the Planning Division.
A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED
in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking
areas shall include special design features which effectively screen the parking lot areas from view.
� RECYCLIN6 [Refer to Code Chapter 18.7551
Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPR�VAL OF SITE
SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such
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.
CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9
Residential AppticationlPlanning Division Section
� PARbN6 tRef�r to Code Cdapters 18.765 a 18.7051 �
ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED.
➢ Single-family............ Requires: One 1 off-street parking space per dwelling unit; and
ne 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 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 18.765)
BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in
convenient locations.
�
� SENSITIVE LANDS [Refer to Code Chapter 18.7J51
� The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
pDEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL
�„r.�u�DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON
�,r��� UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-
application conference based on available information. HOWEVER, the responsibility to precisely
identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas
meetinQ 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 Secbon 18.715.O10.C1
When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be
submitted which addresses the approval standards of the Tigard Community Development Code
Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall
include specific recommendations for achieving the requirements of Section 18.775.080.C.
� CLEANWATER SERVICES[CWS) BUFFER STANDARDS [Refer to R s 0 96�14/USA Regulatlons-Chapter 31
LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a
�or��cw}: vegetated corridor for a bufFer wide enough to protect the water quality functioning of the sensitive
��d i a�ea.
�..rr�. Design Criteria:
The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table
identifies the required widths:
CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9
Residential ApplicatiailPlanning Division Section
TABLE 3.1 VEGETATED CORRIDOR WIDTHS �
S9URCE: CWS DESIGN AND CONSTRUCTION STANDAROS MANUAURESOLUTION a 9RUER 96-44
SENSITIVE AREA DEFINITION SLOPE ADJACENT 1 WIDTH OF VEGETATED
TO SENSITIVE AREA CORRIDOR PER SIDE
♦ Streams with intermittent flow draining: <25%
� 10 to <50 acres 15 feet
�1 >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 top
of ravine'
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 within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement.
ZVegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition.
3The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to �
15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. -
Restrictions in the 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 othennrise detract
from the water quality protection provided by the vegetated corridor, except as provided for in the
USA Design and Construction Standards.
Location of Vegetated Corridor:
IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended
for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a
separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit.
CWS Service Provider Letter:
_� PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service
Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive
area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS
Service Provider Letter is not required.
❑ SI6NS [Refer t�Code Chapter 18.7801
SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of
Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or
height beyond Code standards may be permitted if the sign proposal is reviewed as part of a
development review application. Alternatively, a Sign Code Exception application may be filed for
Director's review.
� TREE REMOVAL PIAN REQUIREMENTS [Refer to Code Sectlon 18.190.030.CJ
A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, partition, site development review, planned development,
or conditional use is filed. Protection is preferred over removal where possible.
CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9
Residen6al AppricatioNPlanning Divisbn Section
� �THE TREE PLAN SHALL INCLUDE the following:
➢ Identification of the location, size, species, and condition of all existing trees greater than 6-
inch caliper.
➢ 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°/a of existing trees over 12 inches in caliper requires a
mitigation program according to Section 18.150.070.D. of no net loss of trees;
. Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that
two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that
50% of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation;
➢ Identification of all trees which are proposed to be removed; and
➢ A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT
APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be
replaced according to Section 18.790.060.D.
�"" MITI6ATION [Refer to Code Sectlon 18.790.060.EJ
REPLACEMENT OF A TREE shall take place according to the following guidelines:
➢ A replacement tree shall be a substantially similar species considering site characteristics.
➢ If a replacement tree of the species of the tree removed or damages is not reasonably
available, the Director may allow replacement with a different species of equivalent natural
resource value.
➢ If a replacement tree of the size cut is not reasonably available on the local market or would
not be viable, the Director shall require replacement with more than one tree in accordance
with the following formula:
. The number of replacement trees required shall be determined by dividing the
estimated caliper size of the tree removed or damaged, by the caliper size of the
largest reasonably available replacement trees. If this number of trees cannot be
viably located on the subject property, the Director may require one (1) or more
replacement trees to be planted on other property within the city, either public property
or, with the consent of the owner, private property.
➢ The planting of a replacement tree shall take place in a manner reasonably calculated to
allow growth to maturity.
IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in perForming such tree
replacement.
�" CLEAR YISION AREA [Refer to Code Chapter 18.7951
The City requires that CLEAR VISION AREAS BE MAINTAINED BETVVEEN THREE (3) AND
¢ :�` EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size
�� �� of the required clear vision area depends upon the abutting street's functional classification and any
` existing obstructions within the clear vision area. The applicant shall show the clear vision areas on
the site plan, and identify any obstructions in these areas.
CITY OF TIGARD Pre-Applica6on Conference Notes Page 6 of 9
Residential ApplicationJPlanning Division Section
. � . ,
❑ RInIRE STREET PIAN ANO EXTENSIOM OF STREET'S [Refer to Code Section 18.810.030.FJ
A FUTURE STREET PLAN shall:
➢ Be filed by the applicant in conjunction with an application for a subdivision or partition. The
plan shall show the pattern of existing and proposed future streets from the boundaries of the
proposed land division and shall include boundaries of the proposed land division and shall
include other parcels within 200 feet surrounding and adjacent to the proposed land division.
➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and
pedestrian facilities on or within 500 feet of the site.
Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall
be extended to the boundary lines of the tract to be developed.
� ADOITIONAI LOT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18.810.0601
MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process.
Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum
15-foot wide access easement.
The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'/z 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 Secdon 18.810.0901
The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured
along the right-of-way center line except where street location is precluded by natural topography,
wetlands or other bodies of water or, pre-existing development.
When block lengths greater than 330 feet are peRnitted, pedestrian/bikeways shall be provided
through the block.
CODE CNAPTERS
_ 18.330{Conditi�ona�Use) 18.620(Tgard Triargle Design Standards) � 18.765(otfStreet Parkingl�oading Requirements)
_ 18.340(Directors Inte�pretation) 18.630(Washington Square Regiona�Center) _ 18.775(Sensitivve lands Review�
_ 18.350(P�anned�evebPment� � 18.705(AccessrEyress��ircu�ation) _ 18.780(si�ns)
_ 18.360(Site Devebpment Review) 'I H.7�O(Aocessory Residential Un'�s) 18.785(7emporary Use Permits)
- 18.370(variancesrAd]ustrnents) �18.715(�ensiry�omPutations) �18.790 Rree Removaq
_ 18.380�z«,��r�ar�n,a��a�,�� 18.720(Design Compa6biliry Standards) - 18.795(Visual Clea�ance Areas)
18.385�n�i��P�►t,�> 18.725(Environmenhal Perfomiance Standards) �H.798(Wireless Communication FaciGties)
� 18.390(�easan Mawny Proceduresnrr�act st�dy) �H.�3O(Exceptans To Devebpment Standards) � 18.810(street a�utiuty�mPro�ement sta�dards>
_ 18.410��ot u�na�a�,�> 18.740(H�storic ove�ay) -
�L 18.420���d P�ueo�� � 18.742�Ho�►,�oo�,�e«,P��
18.430�s�na��� 18.745(�andsca�ing�s«eenng standards)
✓ 18.510(Residentia�zoniny�istric�s) 18.750(n�anutactured�rv�oba Home Reyu�ations)
_ 18.520(Commercaa�Zoning Districts) 18.755(Maed so�id wastelRec,yding storaye)
_ 18.530 p�d�a�i zo�,��,y��a�c�s> �8.760(Nonoonforming Sihiations)
�
Y�
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CIN OF TIGARD Pre-Application Conference Notes Page 7 of 9
Residential ApplicatioNPl�ning Division Seclion
. � . �
ADOITIONAL CONCERNS OR COMMENTS:
PrP.��d,�s r,�sc,ti= M+s zccr� -oo��r� (c.�f ���� �w��
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2 La� cti ' ✓4e. � ��r► r .� <� ".u�
GflT� GD✓f.l(A,(1L ��(hl/t/Y�lr�,vi^ �'��o� w�ic.�n 0.�6cJ �v�cl.���� OTLrtf �rnOZ�✓tv✓� o�oiOLl'�
4✓C��i� �-�.� r� r c�S . ��T���.
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�t.
PROCEDURE /
�� Administrative Staff Review. 6- SwcG�Cj
Public hearing before the Land Use Hearings Officer.
Public hearing before the Planning Commission.
Public hearing before the Planning Commission with the Commission making a
recommendation on the proposal to the City Council. An additional public hearing shall be
held by the City Council.
APPLICATION SUBMITTAL PROCESS
All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications
submitted by mail or dro�ped off at the counter without Planning Division acceptance mav be
returned. The Planning counter closes at 4:00 PM.
Maps submitted with an aQplication shall be folded IN ADVANCE to 8.5 by 11 inches. One (11t
8'/�" x 11" map of a proposedproject should be submitted for attachment to the staff report or
administrative decision. Application with unfolded maps shall not be accepted.
The Planning Division and Engineering Department will perform a preliminary review of the
application and will determine whether an application is complete within 30 days of the counter
submittal. Staff will notify the applicant if additional information or additional copies of the submitted
materials are required.
CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9
Residential ApplicatioNPlanning Oivision Section
�The administrative decision or public hearing will typically occur approximately 45 to 60 days after an
application is accepted as being complete by the Planning Division. Applications involving difficult or
protracted issues or requiring review by other jurisdictions may take additional time to review.
Written recommendations from the Planning staff are issued seven (7) days prior to the public
hearing A 10-day public appea period follo�v�s all land use decisions. An appeal on this matter
would be heard by the Tigard «� �� 01-f�c�e..r . A basic flow chart
which illustrates the review process is available 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 atlow the City staff
and prospective applicant to discuss the opportunities and constraints affecting development of the
site.
SUBDIVISION PLAT NAME RESERVAl10N [Counql Surveyo�s Office: 503-648-88841
PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard,
applicants are required to complete and file a subdivision plat naming request with the Washington
County Surveyor's Office in order to obtain approval/reservation for any subdivision name.
Applications will not be accepted as complete until the City receives the faxed confirmation of
approval from the County of the Subdivision Name Reservation.
BUILDIN6 PERMITS
PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR
REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by
the Building Division will not be granted until there is compliance with all conditions of
development approval. These pre-application notes do not include comments from the
Building Division. For proposed buildings or modifications to existing.buildings, it is
recommended to contact a Building Division Plans Examiner to determine if there are
building code issues that would prevent the structure from being constructed, as proposed.
Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be
demolished has system development charge (SDC) credits and the underlying parcel for that
structure will be eliminated when the new plat is recorded, the Cit 's olic is to a I those s stem
development credits to the first buildingpermit issued in the development (UNLE OTHER ISE
DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED).
e con erence an no es canno cover a o e requiremen s an aspec s re a e o
site planning that should ap ply to the development of your site plan. Failure of the staff to provide
information required by the Code shall not constitute a waiver of the a plicable standards or requirements.
It is recommended that a pros��ective applicant either obtain and read t�ie Community Development Code or
ask any questions of City staff"relative to Code requirements prior to submitting an a plication.
AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN
APPLICATION PERTAINING TO THIS PRE-APPLtCATION 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: rc c � c - �
fITY OF TI ARD PLANNING D ISION - STAFF PERSON HOLDING PRE-APP. MEETING
PHONE: (503) 639-4111 FAX: (S03) 684-1291
E-MAIL• (saH's first name)p�Ci.tigard.or.u5
TITLE 18(CITY OF TIGARD'S COMMUNITY DEYELOPMENT CODE)INTERNET ADORESS: INWW.CI.ilg81'd.0�.115
H:lpattylmasterslPre-App Notes Residen6al.doc Updated: 26-Jun-02
(Engineering section:preapp.eng) •
CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9
Residential AppwcaOionlPlanning Division 5ection
�
'�l
CITY OF TIGARD
LAND USE APPLICATION CHECKLIST
Please read this form carefully in conjunction with the notes provided to you at the
pre-application conference. This checklist identifies what is required for submittal of a complete
land use application. Once an application is deemed complete by Community Development staff, a
decision may be issued within 6-8 weeks.
If you have additional questions after reviewing all of the information provided to you, please contact
the staff person named below at the City of Tigard Planning Division, 503•639�4171.
Staff: ��y�� l��a� Date: ����l�Z
1. BASIC INFORMATION
Please refer to the"Land use applications basic submittal requirements"checklist for the basic submittal requirements.
2. SPECIAL STUDIES AND REPORTS
Because of the nature of your 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:
O Arborist Report/Tree Assessment
Local Streets Traffic Study
� Wetlands/Stream Corridor Delineation and Report
Habitat Area Evaluation
❑ Geotechnical Report
❑ Geotechnical Report must address liquefaction potential and soil bearing capacity
❑ Other
3. 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).
✓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 ❑
City of Tigard Land Use Application Checklist Page 1 of 4
h:�pattylmasters\checklist.doc (UPDATED: 26-Jun-02)
✓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 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 ❑
� Locations of driveways on adjacent properties and across the street ❑
Subdivision Preliminary Plat Map
� The proposed name of the subdivision ❑
� icinity map showing property's relationship to arterial and collector streets ❑
� N es, addresses and telephone numbers of the owner, developer, engineer surveyor and designer(as appiicabie) ❑
� Sca , north arrow and date ❑
� Boun ry lines of tract to be subdivided
� Names f adjacent subdivisions or names of recorded owners of adjoining parcels of un-subdivided land ❑
� Contour li es related to a City-established benchmark at 2' intervals for 0-10%grades and 5' intervals for
grades gre er than 10% ❑
� The purpose, ocation, type and size of all of the following (within and adjacent to the proposed subdivision):
♦ Public and rivate right-of-ways and easements ❑
• Public and p ate sanitary and storm sewer lines ❑
♦ Domestic wate ains including fire hydrants ❑
♦ Major power tele one transmission lines (50,000 volts or greater) ❑
♦ Watercourses ❑
♦ Deed reservations for arks, open spaces, pathways and other land encumbrances ❑
♦ The location of all trees ith a diameter 6 inches or greater measured at 4 feet above ground level ❑
• The location of all structu s and the present uses of the structures, and a statement of which structures
are to remain after platting ❑
� Supplemental information includi :
♦ Proposed deed restrictions (if y) ❑
♦ A proposed plan for provision of ubdivision improvements ❑
� Existing natural features including roc outcroppings,wetlands and marsh areas
� The proposed lot configurations, lot size and dimensions, and lot numbers. Where lots are to be used for
purposes other than residential, it shall be'ndicated upon such lots ❑
� If any of the foregoing information cannot p cticably be shown on the preliminary plat, it shall be incorporated
into a narrative and submitted with the applic ion materials ❑
City of Tigard Land Use Application Checklist Page 2 of 4
h:\pattylmasters\checklist.doc (UPDATED: 26-Jun-02)
�
�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 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 ❑
Site Development Plan
� The pr osed site and surrounding properties ❑
� Contour ine intervals ❑
� The locat ns, dimensions and proposed names of the following:
♦ Existin and platted streets and other public ways ❑
♦ Easeme ts on the site and on adjoining properties ❑
♦ Proposed treets or other public ways and easements on the site ❑
♦ Alternative utes of dead-end or proposed streets that require future extensions ❑
� The locations an dimensions of the following:
♦ Entrances an exits on the site ❑
♦ Parking and cir lation areas ❑
• Loading and serv e areas ❑
♦ Pedestrian and bic cle circulation ❑
♦ Outdoor common ar as ❑
• Above ground utilities ❑
♦ Trash and recyclable terial areas ❑
� The locations,dimensions a setback distances of the following:
♦ Existing permanent struct res, improvements, utilities and easements which
are located on the site and n adjacent property within 25'of the site ❑
• Proposed structures, improv ments, utilities and easements on the site ❑
• Sanitary sewer facilities ❑
• Existing or proposed sewer rei bursement agreements ❑
♦ Storm drainage facilities and ana sis of downstream conditions ❑
� Locations and type(s)of outdoor lighti considering crime prevention techniques ❑
� The locations of the following:
♦ All areas to be landscaped ❑
♦ Mailboxes ❑
♦ Structures and their orientation ❑
City of Tigard Land Use Application Checklist Page 3 of 4
h:lpattylmasterslchecklist.doc (UPDATED: 26-Jun-02)
��':;�
�..x:�
�s
, • _. , :,T
,�
Land cape Plan
� Locat n of trees to be removed ❑
� Locatio , size and species of existing plant materials ❑
� General cation, size and species of proposed plan materials ❑
� Landscap narrative that addresses:
♦ Soil con �tions.and how plant selections were derived for them ❑
♦ Plans for il treatment such as stockpiling the top soil ❑
• Erosion con I measures that will be used ❑
� Location and desc � tion of the irrigation system where applicable ❑
� Location and size o nces, buffer areas and screening ❑
� Location of terraces, cks, 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 profiles showing the finished grade of all streets including street extensions for a
reasonable distance beyond the limits of the proposed subdivision ❑
Grading/Erosion Control Plan
� 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 meter sizes ❑
� Fire hydrants (existing and proposed) ❑
� Proposed fire protection system ❑
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 ❑
City of Tigard Land Use Application Checklist Page 4 of 4
h:�patty�masters\checklist.doc (UPDATED: 26-Jun-02)
PRE-APPLICATION CONFERENCE NOTES
➢ ENGINEERING SECTIOH Q ���ammgerd,OrEg011
Development
Shaping A Better
Communit
PUBLIC FACILITIES Tax Map[sl: 2s»2co
T�x�oas�: �oo
Ose iymc: MLP[Bouman Sitel
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.
Riqht-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 76th Avenue, to include:
� 16 feet of pavement from centerline to curb
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk with planter strips.
� street trees located in the planter strips, spaced per TDC standards.
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
CITY 9F TI6ARD Pre-Apqlicatl�n C�meronce N�tes Page 1�f 6
E�ll�aMq�tqrt�s�t Seetln
` � � Other: See Aqre ent for Future Improvements secti vherein the applicant can opt to
� � provide a future imQrovement guarantee versus constructing �ne improvements now.
:;
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, 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
❑ storm sewers and other underground utilities
CITY OF T16ARD Pre-Apqllcatlon CoMer�nce Notes Pape 2 N 6
�.a.•.nn�.r.n.•.ca.on..
- ° ❑ -foot concr sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a finro-year streetlight fee.
❑ Other:
Agreement for Future Street Improvements:
In some cases, where street improvements or other necessary public improvements are not currently
practical, the improvements may be deferred. In such cases, a condition of development approval
may be specified which requires the property owner(s) to provide a future improvement guarantee.
The City Engineer will determine the form of this guarantee. The following street improvements may
be eligible for such a future improvement guarantee:
(1.) SW 76th Avenue: The applicant will need to be very clear in their application as to what they
are willing to do. To meet the development code sfandard, they must either propose to
improve the street or provide the future improvement guarantee.
�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 76th
Avenue. Prior to a�proval 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 76th Avenue and
is approximately 7.5 feet deep in front of the subject site. The proposed development must be
connected to a public sanitary sewer. It is the developer's responsibility to extend a new public sewer
line into the development and provide separate laterals to each parcel. The service line for the
existinq house may need to be realiqned and re-connected to the new sewer main that will be
extended into the site.
Water Supply:
The City of Tigard (Phone:(503) 639-4171) provides public water service in the area of this site. This
service provider should be contacted for information regarding water supply for your proposed
development.
CIiY OF T16ARD Pro-Appllceti�n Celdel'ence M�tes Page 3 ot 6
E��I■..dp�q�ru•ot a�enn
' � 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.
The applicanf wil! be permitted to pay the fee in-lieu of a defention facility. The applicant's plan,
however, must be very clear as to how they plan to drain each of the new lots. The rain drains must
be piped to an approved drainage system. !f fhe applicant proposes to cross another parcel to
discharge into the creek, they must show proof of a private drainage easement prior to approval of the
final plat.
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.
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.
Cfry OF TIGARD Pro-Applicatl�a C�Meronco N�tes Page 4 N 6
W�.•.d.��•r�roN.�[s•en..
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.
Pay T1F for the new lots.
PERMITS
Public Facility Improvement (PFI) Permit:
Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering
Department. A PFI permit application is available at the Planning/Engineering counter in City Hall.
For more extensive work such as street widening improvements, main utility line extensions or
subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for
review and approval.
The Engineering Department fee structure for this permit is considered a cost recovery system. A
deposit is collected with the application, and the City will track its costs throughout the life of the
permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases
where City costs exceeds the deposit amount. The Permittee will also be required to post a
perFormance bond, or other such suitable security. Where professional engineered plans are
required, the Permittee must execute a Developer/Engineer Agreement, which will obligate the design
engineer to perform the primary inspection of the public improvement construction work. The PFI
permit fee structure is as follows:
NOTE: If an PFI Permit is required,the applicant must obtain that
permit prior to release of any permits from the Building Diuision.
Building Division Permits:
The following is a brief overview of the type of permits issued by the Building Division. For a more
detailed explanation of these permits, please contact the Development Services Counter at
503-639-4171, ext. 304.
Site Improvement Permit (SIT). This permit is generally issued for all new commercial,
industrial and multi-family projects. This permit will also be required for land partitions where lot
grading and private utility work is required. This permit covers all on-site preparation, grading
and utility work. Home builders will also be required to obtain a SIT permit for grading work in
CIT1f 8F T16ARD Pre-Appllcatl�n C�Werenee Notes P�5 W 6
Eq�..•rlq�.ruu•■t s.en..
�
� ' � � cases where the Ic iey are working on has slopes �xcess 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 SUBDIVISIONS
All subdivision projects shall require a proposed grading plan prepared by the design engineer. The
engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as
well as lots that have natural slopes in excess of 20%. This information will be necessary in
determining if special grading inspections will be required when the lots develop. The design engineer
will also be required to shade all structural fill areas on the construction plans. In addition, each
homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall
include topographical contours and indicate the elevations of the corners of the lot. The builder shall
also indicate the proposed elevations at the four corners of the building.
.� r---_ �
PREPARED BY: ���� �' ��1, � 9 �� 6z
ENGINEE G DEPARTME STAFF TE
Phone: [5031639-41T1
Fax: [50316240152
i:leng\brianr�templateslpreap notes-eng.dot
Revised: March 21,2002
CITY OF TI6ARD Pro-Appllcstl�n Co�eronce N�[es Page 6 N 6
F�llenHo!��earuun[S�Ctl�O
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PRE-APPLICATION
� CONFERENCE REQUEST
CITY OF TIGARD 13125 SW Ha!!Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
FOR STAFF USE ONLY
Applicant: �i v�cA� �� ��-e-r^'14 'l
Address: �5 �S�f S � ? l�� Q-�Phone: � k 3�'ZZ3�F Case No.: ��(,Z,c�n L-o� �3
City: T�Q"� Zip: `���-Z� Receipt No.: �°� ' 3�b
` Application A ce ted By:
Contact Person: Phone: �{31-ZZ 3 �
, � nr _
Date: 9 '� Z-'
Property Owner/Deed Holder(s): �,l,r-�- - �"-�''��
, � ►^'�� �✓►�^�-�- DATE OF PRE-APP.:� d 2-
bS�n^�. I S 5'y� S� '] -{► TIME OF PRE-APP.: � '_J� f�'1'►'�
Address: Phone: PRE-APP. HELD WITH:
Clty: "Zlp: Rev.7l�l2002 i:lcurpinlmasters\revised\Pre-AppRequest.doc
Property Address/Location(s): ��6 (;t cJ �(�����-tl-�
REQUIRED SUBMITTAL ELEMENTS
(Note: applications will not be accepted
without the required submittal elements)
Tax Map &Tax Lot#(s): �.S 1 � � �D - �0 � � �
Zoning: 1� 1 �— ❑ Pre-Application Conf. Request Form
Site Size: � � �-2 � 2 COPIES EACH OF THE FOLLOWING:
❑ Brief Description of the Proposal and
PRE-APPLICATION CONFERENCE INFORMATION any 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
minimum of one (1) week prior to officially scheduling a proposed lots and/or building layouts
pre-application conference date/time to allow staff ample time to drawn to scale. Also, show the location
prepare for the meeting. of the subject property in relation to the
nearest streets; and the locations of
A pre-application conference can usually be scheduled within 1-2 driveways on the subject property and
weeks of the Planning Division's receipt of the request for either across the street.
Tuesday or Thursday mornings. Pre-application conferences are ❑ The Proposed Uses.
one (1) hour long and are typically held between the hours of � Topographic Information. Include
9:00-11:00 AM.
Contour Lines if Possible.
PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ If the Pr pplication onference is for a
PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM MONOPO E proj , the applicant must
8:00-4:OO/MONDAY-FRIDAY. attach a co the letter and proof in
the form of affidavit of mailing, that
IF MORE THAN 4 PEOPLE ARE EXPECTED TO AITEND THE the colloc ion rotocol was completed
PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE (see Section 181798.080 of the Tigard
INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM Community Devel�pment Code).
ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE � Filing Fee $200.00
GROUP.
Pre-Apps (CD Meetings) se tember2002
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
Tuesday, September 17, 2002
s:oo
8:30
9:00 pre-app Linda Zimmerman 503-431-2234 MLP 15940 ��
76th Ave
9:30
10:00 Pre-app appt �'
10:30
11:00 Pre•app
11:30
12:00
12:30
1:00
1:30
2:00
2:30
3:00
3:30
4:00
4:30
5:00
5:30
6:00
12:12PM Monday, September 09, 2002
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CASE NO[S]8 CASE NAME[5]:
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BOUMAN PARTITION
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MEMORANDUM
CITY OF TIGARD, OREGON
I
DATE: June 6, 2003
TO: FILE: MLP 2003-00005
FROM: Brian Rager, Engineering Manager �
RE: Condition #13: Fee In-lieu of Undergrounding
This memorandum is to correct an error in Condition of Approval #13, wherein the condition
requires the applicant to pay a fee in-lieu based upon a frontage of 134 feet. The frontage length
is in error. It actually should have been only 37 feet.
Therefore, the applicant should only pay a fee in-lieu of undergrounding in the amount of
$1,017.50 (37' X $27.50/If = $1,017.50).
C: Kim McMillan, Development Review Engineer
i:lenglbrianrlproject correspondence\060603-zimmerman mlp-correction.doc
�
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: June 6, 2003
TO: FILE: MLP 2003-00005
FROM: Brian Rager, Engineering Manager �
RE: Condition #13: Fee In-lieu of Undergrounding
This memorandum is to correct an error in Condition of Approval #13, wherein the condition
requires the applicant to pay a fee in-lieu based upon a frontage of 134 feet. The frontage length
is in error. It actually should have been only 37 feet.
Therefore, the applicant should only pay a fee in-lieu of undergrounding in the amount of
$1,017.50 (37' X $27.50/If = $1,017.50).
C: Kim McMillan, Development Review Engineer
i:lenglbrianr�projed correspondence\060603-zimmerman mlp-correctlon.tloc
� � CITY OF TIGARD
EXPENDITURE REQUEST
This form is a multi-use form. Appropriate receipts and documentation must be attached to this
form. Approved request due Monday 5:00 PM to A/P for checks by Friday(week opposite
payroll only).
VENDOR NO.: DATE: June 23, 2003
PAYABLE TO : Charles&Linda Zimmerman REQUESTED BY: Patty Lunsford
15854 SW 76`�'Avenue
Tigard, OR 97224
MISCELLANEOUS EXPENDITURES:
Date Descri tion, Invoice No., etc. Account No. Amount
3/18/2003 Customer refund for land use 100-0000-438000 $232.50
application fee far an Adjustment
that was not necessary(file
reference: MLP2003-00005/
VAR2003-00021) Receipt
#27200300000000001036.
TOTAL $232.50
Mileage 36.5�
APPROPRIATION BALANCE: N/A AS OF:N/A PURCHASING:
APPROVALS:
(IF iTNDER$50) Section Manager/Professional Staff
(IF UNDER$2500) Division Manager
(IF LJNDER$7500) Department Manager
(IF i.TNDER $25000) City Manager
(IF OVER$25000) Local Contract Review Board
CITY OF TIGARD 6/24/2003
13125 SW Ha11 Blvd. 8:22:32-AM
Tigard,Oregon 97223 '
(503) 639-4171
Receipt #: 27200300000000001036
Date: 03/18/2003
Line Items:
Case No Tran Code Description Revenue Account No Amount Paid
VAR2003-00021 [LANDUS] ADMIN VARI.ANCE 100-0000-438000 232.50
Line Item Total: $232.50
Payments:
Niethod Paver User ID Acct/Check Approval No. How Received Amount P
Check LINDA ZIMMERMAN CAC 41 1 In Person 232.50
Payment TotaL• $232.50
Page 1 of I cRccc;pt.rpt
. • � �
�
MEMORANDUM
, ,.��.. _��,
CITY OF TIGARD, OREGON
TO: MLP2003-00005
FROM: Mathew Scheidegger
DATE: June 23, 2003
SUBJECT: VAR2003-00021
The request for a variance to the rear yard setback (VAR2003-00021) was not needed for the
partitioning of the Zimmerman property. Therefore, a staff report was not produced and the money
associated with the variance was refunded 100%.