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MLP2004-00009 � �' NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2004-00009 �� CITY Of TIGARD ALEXANDER PARTITION Community,��Ue��nt SFuiping A Better Community 120 DAYS =7/8/2005 SECTION I. APPLICATION SUMMARY FILE NAME: ALEXANDER PARTITION CASE NO: Minor Land Partition (MLP) MLP2004-00009 PROPOSAL: The applicant is requesting approval to create a three-lot partition on a parcel of land containing approximafely 36,770 square feet. This partition will create Parcel #1 with approximately 23,795 square feet, Parcel #2 with 5,720 square feet and 7,255 square feet for parcel #3. APPLICANT: Marion and Dominique Alexander OWNER: Same 12645 SW 135th Avenue Tigard, OR 97223 ZONING DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. LOCATION: 12645 SW 135t" Avenue; WCTM 2S104BD, Tax Lot 1000. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. 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 MLP2004-00009/ALEXANDER PARTITION PAGE 1 OF 20 , � . .� THE APPLICANT SHALL CONSTRUCT THE PROPOSED DEVELOPMENT IN COMPLIANCE WITH THE PLANS SUBMITTED EXCEPT AS MODIFIED BY THE FOLLOWING CONDITIONS OF APPROVAL: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: e app icant s a prepare a cover etter an su mit it, a ong wit any supporting ocuments and/or plans that address the followin requirements to the CURRENT PLANNING DIVISION, ATTN: IUTATHEW SCHEIDEGGER 503-63�-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 1. Provide, implement and maintain a mitigation plan for 17 caliper inches. 2. Prior to commencing on-site improvements, the applicant shall submit a final Tree Protection Plan that shows exactly how far the tree protection fencing will be from the face of each protected tree (including those on neighboring properties where construction occurs within the trees' driplines) that will be impacted by.consfruction activities within its dripline. The applicant, through their ProJ'ect Arborist, shall justify the close proximity of the construction activities to the trees. He shall certify by signing the final tree protection plan �o be included with the construction documents that the activities will not adversely impact the overall and long-term health and stability of each tree. Any construction that occurs within the neighboring trees' driplines should be justified by the applicant and approved by the City Forester and neighboring property owner(s). Work may proceed within the driplines only with the approval of the City Forester. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: e app icant s a prepare a cover etter an su mit it, a ong wit any supportang ocuments and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 3. Apply for a.Type I adjustment in order to use existing trees as street trees along SW 135th Avenue, using the criteria of 18.370.020.C.6.a. of the Tigard Development Code, or revise landscape plan to include street trees from the City's street tree list. 4. Provide implement and maintain a plan that shows proposed parcel #3 to have a 15-foot access drive with 10 feet of pavement. 5. Provide documentation that a reciprocal access easement has been recorded with Washington County that establishes joint access between proposed parcel #1 and parcel #3. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 6. A Public Facility Improvement (PFI) permit is required for this project to cover driveways, sidewalks 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 Engineer�ng 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.lmprovement Design Standards, which are available at City Hall and the City's web page (www.ci.tigard.or.us). NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 2 OF 20 � . 7. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will �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. 8. The applicanYs PFI submittal shall include visual clearance area triangles at all driveways, existing and proposed. 9. Prior to final plat approval, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) m the development, and their respective X and Y State Plane Coordinates, referenced to NAD $3 (91). 10. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat, Engineenng). 11. The applicant shall provide signage at the entrance of each shared flag lot driveway that lists the addresses that are served by the given driveway. 12. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that, they will construct the following frontage improvements along SW 135'"Avenue as a part of this project: A. 5-foot concrete sidewalk with planter strip; B. street trees in the planter strip spaced per TDC requirements; C. streetlight layout by applicant's engmeer, to be approved by City Engineer; and D. driveway apron (if applicable). 13. The applicant must complete the frontage improvements, including driveway removal, new driveway, curb and sidewalk construction pr'ior to issuance of building permits if not completed by Washington County. 14. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department pnor to recording. 15. The applicant shall provide connection of proposed parcels to the public sanitary sewerage system. A connection permit is required to connect to the existing public sanitary sewer system. 16. The applicant shall either place the existing overhead utility lines along SW 135th Avenue underground as a part of this project, or they shall pay the fee in-lieu of undergroundmg. The fee shall be calculated by the fronta�e of the site that is parallel to the utili� lines and will 6e $ 35.00 per lineal foot. If the fee option is chosen, the amount will be $ 6125.0 and it shall be paid prior to final plat approval. 17. An erosion control plan shall be provided as part of the Public Facility Improvement �PFI) permit ' drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 3 OF 20 , , 18. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS} geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the partition 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. 19. 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. 2421). 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 n ht-of-way dedication for 135th Avenue shall be made on the final plat. E. NOT� 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 finro mylar G. Copies of the final plat for City En�ineer 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: e app icant s a prepare a cover etter an su mit it, a ong w�t any supporting ocuments andlor plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 20. The Project Arborist shall submit written reports to the City Forester, at least, once every two weeks, as he monitors the construction activities and prog ress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall J'ustify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall and long-term health and stability of the tree(s). If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being followed by the contractor, the City may stop work on the project until an inspeetion can be done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, determine if any part of the Tree Protection Plan has been violated, and if so what remedial measures shall be imposed prior to resuming work. 21. Prior to issuance of building permits the Project Arborist shall submit to the City Forester a final report describing how the Tree Protection Plan was implemented and detailing any failures to comply with the Tree Protection Plan. The report shall also describe the health of all remaining trees on the site, with details provided as to any tree that has had its root system disturbed or that has otherwise been damaged. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the fotlowing requirements to the ENGINEERING DEPARTMENT, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 22. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 4 OF 20 23. During issuance of the building permit for Parcels 2 & 3, the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS). 24. Prior to issuance of building permits, the applicant shall provide final certification that the vision clearance areas for the driveways have been met. 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 INF�RMATION Pro ert Hi/ StON: e su �ect parcel is located in the City of Tigard. The property is designated Medium Density Residential on the Tigard Comprehensive Plan and Zoning Map. No other land use approvals were found to be on file. Site Information and Pro osal Descri tions e su �ect property is approximate�r ,770 squ_are feet in size and is generally flat. The proposed parcels will take access from SW 135 h Avenue. The maximum density for the parcel is four units. With the addition of finro new units the parcel will have a total of three units. Therefore, the parcel is not being partitioned to it's maximum density. This partition will create Parcel #1 with approximately 23,795 square feet, Parcel #2 with 5,720 square feet and 7,255 square feet for parcel #3. SECTION IV. PUBLIC COMMENTS The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. Six letters were received opposing the proposed partition for the following reasons: . The partition will ruin the integrity of our neighborhood. We bought our homes with the large lots that ensure our privacy and space. We want to protect our property values for the future. Building of additional homes will obstruct our views and encroach on property lines. Our neighborhood could forever be changed with the higher density housing. Staff Response: The subject site along with the surrounding neighborhood is zoned R-7 residential. According to Ti�ard's Comprehensive Plan, the R-7 zoning district is considered Medium Density Residential wi�h a minimum lot size of 5,000 square feet. Partitioning of property is allowed in all zones. The number of units allowed on a parcel is limited to the maximum allowable density for the site, which is based on the minimum lot size allowed in that particular zone. The Alexander's have applied according to City process and have addressed and met all applicable code criteria. Integrity of existing neighborhood conditions that are not part of code standards is not a code criterion. The owner has a property right to develop according to the standards of the law, just like all the neighbors. Home Owners Association or deed restrictions would be the only means of prohibiting such development. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 5 OF 20 SECTION V. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this decision are as follows: A. Land Partitions B. A licable Develo ment Code Sections esi en ia zonmg is ri s 18.705 Access, Egress and Circulation) 18.715 Densitv) 18.730 Excepfions to Development Standards) 18.745 Landscaping and screening) 18.765 Off-street parking and loading requirements) 18.790 Tree removal) 18.795 ision clearance) C. Street and Utili Im rovement . ree an i i mprovement Standards) D. Decision Makin Procedures . mpact u y The proposal contains no elements related to the provisions of these Specific Development Standard Code Chapters: 18.710 (Accessory Residential Units), 18.740 (Historic Overlay), 18.742 (Home Occupations), 18.750 (Manufactured/Mobil Home Regulations), 18.755 (Mixed Solid Waste & Recyclable Storage) 18.760 (Nonconforming situations), 18.785 (Temporary Uses), and 18.798 (Wireless Communication Facilities). These chapters are, therefore, found to be inapplicable as approval standards. SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. Land Partitions (18.420): The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition complies or can be made to comply with all statutory and ordinance requirements and regulations as demonstrated b� the analysis contained within this administrative decision and through the imposition of conditions o development approval. All necessary conditions must be satisfied as part of the development and building process. Therefore, this criterion is met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). The applicant has proposed to construct public facilities to serve the ultimate impact of the proposed development. .Based on the analysis provided herein, Staff finds that adequate public facilities are or will be made 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 appropnate review authority will ensure that City and applicable agency standards are met. Based on the analysis in this decision, Staff finds that this criterion is met. All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 6 OF 20 The minimum lot width required for the R-7 zoning district is 50 feet. The smallest parcel proposed, parcel #2 is 60 feet in width. Therefore, this standard has been met. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area. The minimum lot area requirement in the R-7 zoning district is 5,000 sq uare feet for detached single-family units. The proposed partition creates three (3) lots that are 23,795, 5,720, and 7,255 square feet respectively. This criterion has been satisfied. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. Parcel #1 has 115 feet of frontage on to SW 135th, parcel #2 has 60 feet of frontage and parcel #3 is shown to have 20 feet of frontage through an access easement across the existing driveway of parcel #1. The applicant will be required to provide documentation that the easement has been recorded later in this section. Therefore, this standard has been satisfied. Setbacks shall be as required by the applicable zoning district. Setbacks for the R-7 zoning district are as follows: front, 15 feet; side, 5 feet; street side, 10 feet, and rear, 15 feet. The existing home on parcel #1 has a 72 ft. front, 5 ft. side, 91 ft. rear yard setback. Setbacks for the future home will be reviewed at time of building permit. Therefore, this standard has been satisfied. When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maxim�ze separation from existing structures. Proposed parcel #3 is considered a flag lot. Setbacks for the future home of parcel #3 will be reviewed at time of building permit. Therefore, this standard has been satisfied. 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 a��utting 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 access drive to proposed parcel #3 is within 10 feet of parcel #1 and #2. The applicant has shown the access drive to be screened. The narrative indicates that the drive will be screened with a minimum four foot high shrub screen along either side of the access. Therefore, this standard is 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. The fire district (NFR) has reviewed the proposal and comments are included at the end of this decision. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. The applicant has proposed parcel #3 to use the existing access for proposed parcel #1 through an ` access easement. However, the proposed access to parcel #3 crosses over proposed parcel #2. Therefore, the applicant is required to provide documentation that a reciprocal access easement has been recorded with Washington County that establishes joint access between proposed parcel #1, #2 and parcel#3. Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and Circulation. This standard is addressed under 18.705 (Access, Egress and Circulation) later in this decision. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 7 OF 20 Where landfill and/or development is allowed within or adjacent to the one-hundred year floodplain, the city shall rec�uire consideration of the dedication of sufficient open land area for greenway ad�oining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The partitioned lots are not within nor ad�acent to a one-hundred-year floodplain according to FEMA floodplain maps. The nearest floodplain is approximately 3,400 feet to the north of the sub�ect site. Therefore, this standard does not apply. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition and variance(s)ladjustment(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, the Land Partition criteria have not been satisfied. . - CONDITION: Provide documentation that a reciprocal access easement has been recorded with Washington County that establishes joint access between proposed parcel #1, #2 and parcel #3. B. Development Code Criteria Residential Zoninq Districts (18.510}: The R-7 zonin district has the followin dimensional re uirements: STANDARD R-7 Minimum Lot Size Detached unit 5,000 sq.ft. Du lexes 10,000 s .ft. Average Minimum Lot Width Detached unit lots 50 ft. Du lex lots 50 ft. Maximum Lot Covera e 80% Minimum Setbacks Front yard 15 ft. Side facing street on corner 8�through lots 10 ft. Side yard 5 ft. Rear yard 15 ft. Side or rear yard abutting more restrictive zoning district 30 ft. Distance between ro e Iine and front of ara e 20 ft. Maximum Hei ht 35 ft. Minimum Landsca e Re uirement 20% [1] Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. The proposed, lots range in size from 5,720 square feet to 23,795 square feet. All lots meet the minimum lot width requirements, based on the dimensions provided on the plan. The applicant will be required to compl� with the setbacks, height and .lot coverage/landscape requirements during the bulding permit review process for the homes on individual lots. �411 lots within this partition are for single- family units. This is not a planned development; therefore, the setbacks are as prescribed by the base zone. FINDING: Based on the analysis above, the residential zoning district dimensional standards are satisfied. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 8 OF 20 Access, Eqress and Circulation (18.705): Chapter 18.705 establishes standards and regulations for safe and efFicient vehicle access and egress on a site and for general circulation with�n the site. Table 18.705.1 states that the minimum vehicular access and egress for single-family dwelling units on individual lots shall be one, 10-foot paved drivewax within a 15-foot-wide accessway. The minimum access width for 3- 6 dwelling units is 20 feet with 20 feet of pavement. Access and egress to each lot created by the proposed partition would be directly onto SW 135tn Avenue. The Prelimina.ry Plat shows that Proposed Lot three as a flag lot with an access drive that varies from 20 feet to nine feet. The minimum standard for an access drive is 15 feet with 10 feet of pavement. Therefore the applicant must provide and implement a plan showing proposed parcel three's access drive to have no less than 10 feet of pavement. Access plan requirements. No building or other permit shall be issued until scaled plans are presented and 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. Scaled site plans have been submitted that indicate how the requirements of access, egress, and circulation are met. Therefore, this criterion 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 City. ' Joint access has been proposed for lots #1 and #3 through an access easement. The applicant has indicated that an access agreement for proposed parcels #1 and #3 will be recorded and turned into the City. However, the proposed access crosses parcel #2 as well and has therefore, been included in the access agreement. 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 approved by the City for public use and shall be maintained at the required standards on a continuous basis. All lots will directly access SW 135th Avenue which is a public street. Therefore, this standard has been satisfied. Curb cuts shall be in accordance with Section 18.810.030N. Curb cuts will be addressed under Chapter 18.810 Street and Utility Improvements Standards later in this decision. Re uired walkwa location. On-site pedestrian walkways shall comply with the following s n ar s: Walkways shall extend from the ground floor entrances or from the �round floor landing of stairs, ram�s, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildings in multi-building commercial, �nstitut�onal, and industrial complexes. Unless impractical, walkways shall be constructed between new and existing developments and neighboring developments; Within all attached housing (except two-family dwellings) and multi-family developments, each residential dwelling shall be connected by walkway to {he vehicular parking area, and common open space and recreation facilities; NOTICE OF DECISION MLP2004-0OOD9/ALEXANDER PARTITION PAGE 9 OF 20 Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be des�gned and located for pedestrian safety. Required walkways shall be physicafly separated from motor vehicle traffic and parking by either a minimum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separat�on, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; Required,walkways shall be paved with hard surFaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted and/or signed as needed for safety purposes; Soft-surFaced public use pathways may be provided only if such pathways are provided in addition to required pathways. This proposal is for a detached single-family development, this standard does not apply. Inadequate or hazardous access. Applications for building permits shall be referred to the Commission for review when, in the opinion of the Director, the access proposed would cause or increase existing hazardous traffic conditions; or would provide inadequate access for emergency vehicles; or would in any other way cause hazardous conditions to exist which would constitute a clear and present danger to the public health, safety and general welfare. The lots within this partition will be providing direct access to a public street. Tualatin Valley Fire and Rescue and Tigard Police have been notified of the pro�osed partition and have not indicated a hazard. The Director has not determined that Planning Commission review is necessary for building permits. With regard to streets and street intersections, these issues are addressed under TDC Chapter 18.810 (Street and Utility Improvement Standards). Therefore, this standard is satisfied. 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. The proposed single-family lots will have access to a public street (SW 135th). Therefore, no single- family lot will have direct access to a major collector or arterial. This standard has been satisfied. 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, otFier than an alley. Single-family and duplex dwellings are exempt from this requirement This criterion does not apply to the proposed single-family dwellings. 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 has indicated that the visual clearance area requirement will be met. The applicant shall confirm that the visual clearance areas can be met after the street improvements have been completed. This confirmation shall be provided prior to issuance of building permits. Section 18.705.030.H.2 states that drivewa�s shall not be permitted to be placed in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the righf- of-way line of the intersectin� street to the throat of the proposed driveway. The setback may be �reater depending upon the influence area, as determined from City 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. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 10 OF 20 The proposed thnorthern most driveway is approximately 155 feet south of the intersection of Walnut Street and 135 Avenue, thereby meeting this criterion. 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. 135'h Avenue is classified as a Neighborhood Route; therefore this standard does not apply. Minimum access requirements for residential use. Vehicular access and egress for sin�le-family, duplex or attached single-family dwelling units on individual lots and multi-family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; The applicant has shown parcels #1 and #3 to share the existing driveway, which is 20 feet in width at the front lot line of proposed parcel #1. The driveway then drops to 9 feet at the front lot line of proposed parcel #3. According to table 18.705.1, individual parcels are to have a fifteen foot access drive with 10 feet of pavement. Therefore, the applicant is required to provide and implement a plan that shows proposed parcel #3 to have at least a 15-foot access drive with 10 feet of pavement. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; No multi-family structures are proposed with this application. Therefore, this standard does not apply. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform fire Code; Access to individual lots will be reviewed for compliance with the Uniform Fire Code at time of building permits. Therefore, this standard has been satisfied. Section 18.705.030.H.4 states that 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 circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet or a hammerhead�onfigured, paved surface with each leg of the hammerhead having a minimum depth.of 40 feet and a minimum width of 20 feet. The maximum cross slope of a required turnaround is 5%. There are no access drives other than the existing and proposed driveways. Therefore, this standard does not apply. FINDING: Based on the analysis above, the Access, Egress and Circulation standards have been met. CONDITION: Provide and implement a plan that shows proposed parcel #3 to have at least a 15-foot � access drive with 10 feet of pavement. Density Computations (18.715): A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the followin land area(s) from the gross acres, which is all of the land included in the legal descrip�ion of the property to be developed: 1. All sensitive land areas 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. 4. All land proposed for private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 11 OF 20 B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated b multiplying the maximum number of units determined in Subsection B above by 80% (0.8� The standards for density computation provide for the intensity of residential land uses, usually stated as the number of housing units per acre. The total square footage of the subject property is 36,750 square feet. However, to determine the net developable area, 13,010 square feet has been subtracted for the existing house on parcel #1, (home area plus setbacks) 2,000 square feet is subtracted for the access easement across parcel #1 and 350 square feet for right-of-way dedication. This results in a net developable area of 21,390 square feet. As the minimum lot size for the R-7 zone is 5,000 square feet, the maximum number of additional residential units is four (4). The 80% rule translates into a minimum number of residential units, three (3). The applicant is proposin� two additional units and has shown a shadow.plat for a potential third lot that meets the dimensional standards of the R-7 zone. Therefore, minimum density for the subject property can be obtained in the future. Therefore, this criterion has been met. FINDING: The proposed 3 lot partition conforms to the minimum and maximum densities prescribed for this site. Landscapinq and Screeninq (18.745): Street trees: Section 18.745.040 ec ion . 45.040.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 property fronts SW 135th Avenue for a distance of 175 feet. Therefore, street trees are required. The applicant has proposed to use existing trees on-site as street trees. However, in order to use existing trees as street trees, an adjustment is needed. Based on the analysis above, the applicant is required to apply for a Type I ad'ustment in order to use existing trees as street trees along SW 135�' Avenue, using the criteria of �8.370.020.C.6.a. of the Tigard Development Code, or submit a revised landscape plan to include street trees from the City's street tree list. FINDING: The requirement for street trees will be met by fulfilling the condition below. CONDITION: Apply for a Type I adjustment in order to use existing trees as street trees along SW 135th Avenue, using the criteria of 18.370.020.C.6.a. of the Tigard Development Code, or submit a revised landscape plan to include street trees from the City's street tree list. Tree Removal (18.790): ree p an or #��ting, 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 �s preferred over removal wherever possible. As required, the applicant submitted a tree plan that was conducted by certified arborist, Tibor Seres. The plan contains four out of the four required components of a tree plan, and, is therefore, acceptable. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 12 OF 20 According to the removal plan and assessment, there are seven trees greater than 12" in diameter on the site. Of the seven trees, two (or 28/o) are proposed for removal. The applicant is retaining 72/o of the trees greater than 12-inches. Therefore, the applicant is required to mitigate 1/2 of the 34-inches removed. This amounts to 17 caliper inches. To mitigate, the applicant must provide and implement a mitigation planting plan for 8.5 two-inch trees. To ensure that the trees are planted and/or the balance of unplanted trees are planted off site or paid as a fee in lieu, a cash deposit, letter of credit, or any other assurance deemed acceptable by the Director for the value of the trees (assessed at $125 per caliper inch) will be required prior to finaf plat approval. Staff notes that should any additional trees need to be removed based on the arborists assessment of specific site conditions, final mitigation will be recalculated. FINDING: Based on the analysis above, the Tree Removal Standards have not been met. In order to ensure that proper mitigation occurs, and that the protection plan is implemented, the applicant shall satisfy the following conditions: CONDITIONS: . Provide and implement a mitigation plan for 17 caliper inches. • Prior to commencing on-site improvements, the applicant shall submit a final Tree Protection Plan that shows exactly how far the tree protection fencing will be from the face of each protected tree (including those on neighboring properties where construction occurs within the trees' driplines) that will be impacfed by construction activities within its dripline. The applicant, through their Project Arborist, shall �ustify the close proximity of the construction activities to the trees. He shall certify by signing the final tree protection plan to be included with the construction documents that the activities wifl not adversely impact the overall and long-term health and stability of each tree. Any construction that occurs within the neighboring trees' driplines should be justified b the applicant and approved by the City Forester and neighboring property owner(s�. Work may proceed within the driplines only with the approval of the City Forester. . The Project Arborist shall submit written reports,to the City Forester, at least, once every two weeks, as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall�ustify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall and long-term health and stability of the tree(s). If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not bein� followed by the contractor, the City may stop work on the pro'ect until an inspection can be done by the City Forester and the Project Arborist. �his inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, determine if any part of the Tree Protection Plan has been violated, and if so what remedial measures shall be imposed prior to resuming work. . Prior to issuance of building permits the Project Arborist shall submit to the City Forester a final report describing how the Tree Protection Plan was implemented and detailing any failures to comply with the Tree Protection Plan. The report shall also describe the health of all remainmg trees on the site, with details provided as to any tree that has had its root system disturbed or that has otherwise been , damaged. Visual Clearance Areas (18.795): 1'FisZ, ap er.requires a a c ear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle hedge� 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 ei ht �8) feet in height. Trees may be placed within this area provided that all branches be�ow eight�8) eet are removed. A visuaf clearance area is the triangular area formed by,measuring from t e corner, 30-feet along the right of way and along the driveway and connecting these fwo points with a straight line. NOTICE OF OECISION MLP20D4-00009/ALEXANDER PARTITION PAGE 13 OF 20 The applicant's site plan shows the vision clearance triangles for the proposed lots. Vision clearance will be assured through the building permit process. Therefore, this standard has been satisfied. FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards have been met. PUBLIC FACILITY CONCERNS C. Street And Utilitv 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 Neighborhood Route to have a 54 right-of-way width and 32-foot paved section. Other improvemenfs req uired may include on-street parking, sidewalks and bikeways, underground utilities, street lighting, storm drainage, and street trees. This site lies adjacent to SW 135'h Avenue, which is classified as a Neighborhood Route on the City of Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerline, accordin to the most recent tax assessor's map. The applicant should dedicate the additional ROW required�o provide 27 feet from centerline. SW 135th Avenue is currently partially improved. In order to mitigate the impact from this development, the applicant should remove the driveway that is located befinreen the proposed shared driveway and the proposed driveway for Parcel 2. New curb and sidewalk shall be constructed in place of the removed driveway. The applicant shall construct the new driveway to serve Parcel 2 if not completed by Washington County prior to issuance of building permits. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades u� to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determ�ned by the City Engineer. The Washington C�unty proposed road improvements for Walnut Street include work on 135th Avenue. The grades on 135 h Avenue are 12 — 15%, but not for distances exceeding 250 feet, thereby meeting � the criterion. 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, c�rculation, control and safety of street traffic and recognition of limitations and opportunities of topography. Block Sizes: Section 18.810.040.6.1 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-existin development or; • For blocks adjacen� to arterial streets, limited access highways, major collectors or railroads. • For non-residential blocks in which internal public circulation provides equivalent access. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 14 OF 20 No blocks will be formed with the proposed partition. Therefore, this standard has been satisfied. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. No blocks are formed by the proposed partition. 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 �ess than 1.5 t�mes the minimum lot size of the applicable zoning district The largest of the parcels, parcel #1 has a lot width of 110 feet and a depth of 210 feet. Therefore, none of the proposed parcels have a depth that is greater than 2.5 times the average 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. Proposed parcel #1 will have 110 feet of f�ontage, parcel #2 will have 60 feet of frontage and parcel #3 will have 15 feet of frontage on to SW 135 h Avenue through an easement. Therefore, this standard has been satisfied. 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. There is an existing sidewalk along the 135th Avenue frontage. The sidewalk is located at the curb. The Washington County pro�ect is expected to replace a portion of the sidewalk and construct the proposed driveway apron for Parcel 2. The applicant shall remove the drivewa�r located between the proposed shared driveway and the proposed driveway for Parcel 2 and replace it with curb and sidewalk. If the County proJ ect does not complete the frontage improvements the applicant shall complete them prior to issuance of building permits. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an existing sewer line in 135th Avenue. The existing home is served by a lateral from the main line. The applicant proposes to provide finro additional laterals to serve the new lots. a Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. NOTICE OF DECI510N MLP2004-00009/ALEXANDER PARTITION PAGE 15 OF 20 Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or oufside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and SurFace Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the Citx Engineer that the additional runoff resulting from the development will overload an ex�sting draina�e facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surFaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. Developments of this small size, especially residential land partitions, are not required to rovide on-site detentions. The applicant will be required to pay the water quantity SDC upon application �or the building permit for the finro new parcels. 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. 135th Avenue, south of Walnut Street, is not a designated bicycle 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 laced above round temporary utility service facilities during construction, high capacity elec�ric 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 righ�to a prove location of all surface mounted facilities; • All underground utilities, includng 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 fo avoid disturbing the street improvements when service connections are made. Exception,to.Under-Grounding Requirement: Section 18.810.120.0 states that a develop er shall pay a fee in-lieu of under- rounding costs when the development is proposed to take pface on a street where existing util�ies whicl� are not under round will serve the development and the approval authority determines that the cost and �echnical difficulty of under-g rounding the u�ilities outweighs the benefit of under-grounding in conjunction with the deveTopment. The determination shall be on a case-by-case basis. The most common, but not the only; such situation is a short frontage develo ment for which under-grounding would result in the placement of additional poles, rather �han 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. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 16 OF 20 There are existing overhead utility lines along the frontage of SW 135th Avenue. If the fee in-lieu is proposed, it is egual to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 175 lineal feet; therefore the fee woufd be $6,125.00. ADDITIONAL CITY ANDlOR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT Public Water S stem: e i o igar provides service in this area. The applicant's plans indicate that two water meters will be installed to serve the new parcels. Storm Water Quali : e i as agree to enforce Surface Water Management (SWM) regulations established by Clean ater Services (CWS) Design and Construction Standards (adopted by Resolution and Order No. 00-7) which require the construction of on-site water quality facilit�es. The facilities shall be designed to remove 65 percent of the phosphorus 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 Clean Water Services 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 facili to accommodate treatment of the storm water from the, proposed development. Rather, the �WS standards provide that applicants should pay a fee-m-lieu of constructmg a facility, if deemed appropriate. The applicant shall pay the fee-in-lieu for this application. Gradin and Erosion Control: esign an ons ruction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public, storm and surface water system resulting from development, construction, grading, excavating, clearin�, and any other act�vity whicfi accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the develo er will be req uired to obtain an NPDES permit from the City prior to construction. This permi�will be issued along with the site and/or building permit. Address Assi nments: e i y o igar 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 $50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. Surve Re uirements e app icant s ina p at shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same Ime and shall be of the same precision as required for the partition plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: ♦ GPS tie nefinrorked to the City's GPS survey. ♦ By random traverse using conventional surveying methods. In addition, the ap p,IicanYs as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91�. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 17 OF 20 . D. Im act Studv (18.390) ec ion s es, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:" Section 18.390.040 states that the a�plicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for Qublic right-of-way dedication, or provide evidence that supports that the real property. dedication is not roughly proportional to the projected impacts of the development. Section 1$ 390.040 states that when a condition of approval requires the transfer to the public of an interest in real property, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. 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 tirne 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 a detached, single-family dwefling is $2,690. Upon completion of this development, the future builders of the residences will be required to pay TIF's totaling approximately $5,380($2,690 x 2 dwelling units). Based on the estimate that total TIF fees cover 32 percent of the impact on maJ or street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $16,812($5,380 divided by .32). The difference between the TIF paid and the full impact, is considered as unmitigated impact. Smce the TIF paid is $5,380, the unmitigated impact can be valued at $11,432($16,812 - �5,380). Given that the estimated cost of the dedication and constructing sidewalk and gutter on SW 135 Avenue is $1,550, the value of these improvements is less than the value of the unmitigated impacts, the exactions are proportionate. SECTION VI. OTHER STAFF COMMENTS City of Tigard Public Works has reviewed the proposal and has no objection to it. City of Tigard Urban Forester has reviewed the proposal and has no objection to it. City of Tigard Police Department has reviewed the proposal and has no objection to it. SECTION VII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed the proposal and has offered the following comments: FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access roa s s a e wit in ee o a portions o t e exterior wa o t e irst story o t e uilding as measured by an approved route around the exterior of the building. An approved turnaround is required if the remainin� distance to an approved intersecting roadway, as measured along the fire apparatus access road, is greater than 150 feet. DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be provi e wit an approved turnaround. No turn around will be required. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 18 OF 20 FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: en ui ings are comp e e y pro ecte wit an approve au oma ic ire sprin er sys em, e requirements for fire apparatus access may be modified as approved by the fire code official. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roa s s a ave an uno s ruc e wi o no ess an ee ee or up to two dwelling units and accessory buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. Where fire apparatus roadways are less than 26 feet wide, "NO PARKING" signs shall be installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways are 32 feet wide or more, parking is not restricted. The access to House #3 will be required to be a minimum of 12 feet wide. SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather su ace at is easi y is inguis a e rom the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 75,000 pounds live load (gross vehicle weight). You may need to provide documentation from a registered engineer that the design will be capable of supporting such loading. TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 28 ee an eet respectively. measured from the same center point. The access to House #3 will be required to meet these radius requirements. SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for sing e ami y we ings an up exes serve y a municipa water supply 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 IFC Appendix B. FIRE HYDRANTS — ONE- AND TWO-FAMILY DWELLINGS 8� ACCESSORY STRUCTURES: ere a portion o a s ructure is more an eet rom a y ran on a ire appara us access roa , as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. FIRE HYDRANT NUMBER AND DISTRIBUTION: The minimum number and distribution of fire y ran s avai a e o a ui ing s a no e ess an that listed in Appendix C, Table C 105.1. Considerations for lacin fire h drants ma be as follows: xis ing y ran s in e area may e use o mee e required number of hydrants as approved. Hydrants that are up to 600.feet away from the nearest point of a subject building that is protected with fire sprinklers may contribute to the required number of hydrants. Hydrants that are separated from the subject building by railroad tracks shall not contribute to the required number of hydrants unless approved by the fire code official. Hydrants that are separated from the subject building by divided highways or freeways shall not contribute to the required number of hydrants. Heavily traveled collector streets only as approved by the fire code official. Hydrants that are accessible only by a bridge shall be acceptable to contribute to the required number of hydrants only if approved by tf�e fire code official. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more an ee rom an approve ire appara us access roa way. REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of re ec ive mar ers. e mar ers s a e blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 19 OF 20 � ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire appara us access roa ways an ire ig ing wa er supp ies s a e ins a e an operational prior to any combustible construction or storage of combustible materials on the site. Please contact me at (503) 612-7010 with any additional questions. Washington County Land Use Department has reviewed the proposal and has no objection to it. Clean Water Services comments have been discussed above under Public Facility Concerns. Beaverton School District #48 has reviewed the pro�osal and has offered comments, which can be found in the land-use file under"Request for Comments'. 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 3, 2005 AND BECOMES EFFECTIVE ON MAY 18, 2005 UNLESS AN APPEAL IS FILED. A_p�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 tfie 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 17, 2005. Questions: yTf ou �e any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. � Ma 3 2005 t ew c i g ociate lanner -� � «�� �� � Ma 3 2005 . ic ar ewe Planning Man ger i:1cu rpinlmathewlmlplmlp2004-00009.decisio n.doc NOTICE OF DECISION MLP2004-00009lALEXANDER PARTITION PAGE 20 OF 20 � GT . . - r"� GEOGRAPHICINFORMATION SVSTEM V .� ,� n4N��r � o� 0 ST Z = _ ____ ___ - �o�``'� SW � � M LP2004-00009__ � �s =--- -- - -- �'N SW M � ALEXANDER PARTITION'� w � � = Z W BOUNEFF ST � � w w � WALNUT LN � u� � U S H - � M / RS ROSY G � � T ao y t "., , FEpp `��� -9'' ---- �tl � 5 z a FF � ,C��T �� - `�. 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NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2004-00009 CITYOPTIGARD ALEXANDER PARTITION C���ity,l7cveCopment y Sha :n Better�'nmmwrit 120 DAYS = 7/8/2005 SECTION I. APPLICATION SUMMARY FILE NAME: ALEXANDER PARTITION CASE NO: Minor Land Partition (MLP) MLP2004-00009 PROPOSAL: The applicant is requesting approval to create a three-lot partition on a parcel of land containing approximafely 36,770 square feet. This partition will create Parcel #1 with approximately 23,795 square feet, Parcel #2 with 5,720 square feet and 7,255 square feet for parcel #3. APPLICANT: Marion and Dominique Alexander OWNER: Same 12645 SW 135th Avenue Tigard, OR 97223 ZONING DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district.is designed to accommodate attached single-family homes: detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. LOCATION: 12645 SW 135th Avenue; WCTM 2S1046D, Tax Lot 01000. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. 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. 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 FR�M 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 (25t) per page, or the current rate charged for copies at the time of the request. SECTIUN III. PROCEDURE AND APPEAL INFORMATION Notice: oT�tice mailed to: X The applicant and owners �- Owner of record within the required distance �— Affected government agencies d a Final Decision: THIS DECISION IS FINAL ON MAY 3, 2005 AND BECOMES EFFECTIVE ON MAY 18, 2005 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 adversel�r affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community Development Code which provides that a written appeal together with the required fee shall be filed with the Director within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Fiall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5;00 PM ON MAY 17, 2005. Questions: o�u��r information please contact the Planning Division Staff Planner, Mathew Scheide ger at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 971�' . �,�� � rs„ ........,.,........o....,.. naNmr nap � 4 1 --------- � p�E £ -- � MLP2004-00009 ALEXANDER PARTITION', Z FF ST I w � � T LN � F�-�- , �'�. f`�-��� �� � ����� S ao6v T _ i_�___:..:j � w ,cF � � �'1'GT � Y L x ST L�'' ,' r...� } �.+...W. N Ciry o� r.�..i.�w... i n�arn�w�. nw�.w wm . -r �- � ,g� �e�u�..��, ', , � �__ __'_. c- . . .- .�2''15_ � .n�....aw.+... <xmwinrtvDSVebpmem- �- �-'-'- �.-.... .-..� �-' � Ploldate�005,C�Ma9�+U�GICO]AFIf � � �� � , � I �° ^^ 0 � i — � i . i o i ....y�... �� � ��� � � � ��� ; I � _ � � � � � n � ' � �tt I � � I � ""�� I j � I I o r I I o � � I o � � I a��ro ° � I Au o I . I �i � ' � ��TY OF TIGARD I MLP2004-00009 s�P� N ALEXANDER PARTITION SM�Ie not to aale N TICE TO MORTGAGEE LIENHOLut VENDOR OR SELLER: � � , R, THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATIOH CITYOFTIGARD MINOR LAND PARTITION 5��,�A�t�Cornmunity DATE OF NOTICE: March 11, 2005 FILE NUMBER: MINOR LAND PARTITION (MLP) 2004-00009 FILE NAME: ALEXANDER PARTITION PROPOSAL: The applicant is requesting approval to perform a three-lot partition on a parcel of land containing approximately 36,770 square feet. This partition will create Parcel #1 with approximately 23,795 square feet, Parcel #2 with 5,720 square feet, and Parcel #3 with c� 7,255 square feet. An existing single-family dwelling exists on the subject property and is d o proposed to remain on Parcel #1 ZONE: R-7 Medium Density Residential. The R-7 zoning district is designed to accommodate attached single- family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. LOCATION: 12645 SW 135�'Avenue; WCTM 2S10gBiB, Tax Lot 1000. 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 All comments should be directed to Mathew Scheideqqer, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503-639-4171 or by email to Matts _ci.tiqard.or.us. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS. THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR "1;,:2005: 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 �fficer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR�S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DEC1510N SHA�L 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. If you want to inspect the file, please call and make an appointment with either the project planner or the planning technicians. 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." ,' V s� ........,.,................ ma�rr wu� a T =���_=_� R�' M1P2004-00009 AlE%ANDER PARTITION _ � � s _ �� � w F � �N�r N ST �t +a..... N �..� Gryo� � . , .. . ._.,..__.�.� REQUEST FOR COMMENTS CITY OF TIGARD Community�1�eveCopmerat ShapingA Better Community DATE: March 11,2005 T0: Bnan Rager,Public Works Engineenng Mana9er FROM: City of Tigard Planning Diuision STAFF CONTACT: Mathew Scheide99er,Associate Planner[x243T1 Phone: [5031639-41T1/Fax: [5031684-7291 �ALEMANDER PARTITION Q MINOR LAND PARTITION[MLPI 2004-00009 REQUEST: The applicant is requesting approval to perForm a three-lot partition on a parcel of land containing approximately 36,770 square feet. This partition will create Parcel #1 with approximately 23,795 square feet, Parcel #2 with 5,720 square feet, and Parcel #3 with 7,255 square feet. An existing single-family dwelling exists on the subject property and is proposed to remain on Parcel #1. LOCATION: 12645 SW 135t" Avenue; WCTM 2S104DB, Tax Lot 1000. ZONE: R-7 Medium Density Residential. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and ApplicanYs Information for your review. From information supplied by various departments and agencies and from other infarmation available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the ne�r future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 25, 2005. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond bv th_e�bove date, please phone the staff contact noted above with your comments and confirm your comrtmgnts in writin�a���rras 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 Perso m enting: � l��lNZ-�> � ��� �� �o�►��S� � , � � � I�bS I I I REQUEST FOR COMMEHTS ��o�T�oARo (,'ommunity'DtveCoprnent Sfiapitrg,q�etterCommunity urE �arc�n.Y�o� T0: Ste�►e conwnr.W�s�ington CounN Denahmgm of lani Use a Transoart,tl�n �oM: c��r o����ra P��nning oihs�o■ R EC E I VED STAFF�ONTACT: M�i�w Screlre�uer.Ass�ci�te Pl�neer 6c44Sn �AR t 4 2ao5 ���e: i�9S�659-4111/Fex: [30S)6S4)291 �Nt�o�v:.to�urErvtsERVicEs �v,r��usc a�wwsPO�raTi�;� �ALE1{ANOER PARTITION � MINOR LAND PARTITION IMLPI 2004-00009 , REQUEST: The applicant is requesting approval to perform a three-lot partition on a parcel of land � containing approximately 36,770 square feet. This partition will create Parcel #1 with approximately ; � 23,795 square feet, Parcel #2 with 5,720 square feet, and Parcel #3 with 7,255 square feet. An existing ! , single-family dwelling exists on the subject property and is proposed to remain on Parcel #1. ' LOCATION: 12645 SW 135th Avenue; WCTM 2S'f 04DB, Tax Lot 1000. Z4NE: R-7 Medium Density Resid�ntial, The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and dupkexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionalfy. 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 Infermatlon fQr your review. From information supplfed by varlaug departments and agencies and from other information availablQ to our staff, a report and recommendation will be preparad 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: MARCH 28. 2008+ You may use the space provided beiow or attach a ssparate letter to retum your comments. If vou are unabl� tn resaond� 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 guestions, contact the Tigard Planning Division, 13125 SW Hall Blvd , Tigard; OR 97223. PLEA�E CHECK�'HE FOLLOWING ITEMS 7HAT APPLY: We have reviewed the proposa! and have no objections to it. _ Please contact of our o�ce. _ Please refer to the enclosed letter. ._ Writtsn commsnts provided below: � � � 6 al�o� Name 8 Number af Person Corttrr�entiAg; TO'd 8b:6 SOOL 0� -�pW 806z-968-�OS�Xp� '(1�Q QNti� OJ HStim REQUEST FOR COMMEHTS CITYOFTIGARD �'ommunity,ZUeveCopment S(apingA Better Community DATE: MerCh 11,2005 T0: PER ATTACNED FROM: City of Tigard Planning Diuision STAFF CONTACT: Mathew Scheide90er,Associate Planner[x243A Phone: [5031639-4111/Fax: [5031684-1297 ➢ALExANDER PARTITION Q MINOR LAND PARTITION[MLPI 2004-00009 REQUEST: The applicant is requesting approval to perForm a three-lot partition on a parcel of land containing approximately 36,770 square feet. This partition will create Parcel #1 with approximately 23,795 square feet, Parcel #2 with 5,720 square feet, and Parcel #3 with 7,255 square feet. An existing single-family dwelling exists on the subject property and is proposed to remain on Parcel #1. LOCATION: 12645 SW 135th Avenue; WCTM 2S104DB, Tax Lot 1000. ZONE: R-7 Medium Density Residential. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 25, 2005. 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: , _ rY OF TIGARD REQUEST FOl OMMENTS NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS FILE NOS.: L FILE NAME: �" i / CITIZEN INYOLYEMENT TEAMS 14DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: ❑Central ❑East ❑South est CITY OFFICES LONG RANGE PLANNING/Barbara Shields,Planning Mgr. COMMUNITY DVLPMNT.DEPT./Planning-Engineering Techs. ✓PQLICE DEPT./Jim Wolf,Crime Prevention Officer BUILDING DIVISION/Gary Lampella,Building Official ✓ENGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer/�UBLIC WORKS/Matt Stine,Urban Forester CITY ADMINISTRATION/Cathy Wheatley.City Recorder ✓PUBLIC WORKS/Brian Rager,Ergineering Manager �PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING! SPECIAL DISTRICTS TUAL.HILLS PARK 8 REC.�IST.w r' TUALATIN VALLEY FIRE 8 RESCUE ► TUALATIN VALLEY WATER DISTRICT M� CLEANWATER SERVICES� Planning Manager Fire Marshall Administrative Offce Lee WalkerlSWM Program 15707 SW Walker Road Washington County Fire�istrict PO Box 745 155 N.First Avenue Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97D75 Hillsboro,OR 97124 LOCAL AND STA�IURISDICTIONS CITY OF BEAVERTON � _ CITY OF TUALATIN � OR.DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS Planning Manager Planning Manager 3406 Cherry Avenue NE Melinda Wood cw�uw F«M R.q���.a� Steven Sparks,o�.s��.M�� 18880 SW Martinaai Avenue Salem,OR 97303 775 Summer Street NE,Suite 100 PO Box 4755 Tualatin,OR 97062 Salem,OR 97301-1279 Beaverton,OR 97076 _ OR.PUB.UTILITIES COMM. METRO-LAND USE 8 PLANNING � _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE _ CITY OF DURHAM � 600 NE Grand Avenue S00 NE Oregon Street,Suite 5 Salem,OR 97310-1380 City Manager Portland,OR 97232-2736 Portland,OR 97232 PO Box 23483 Bob Knight,Da[a Resourca Center(2CA) US ARMY CORPS.OF ENG. Durham,OR 97281-3483 Paulette Allen,Growth Manapert�enl Cowdinalw OR.DEPT.OF LAND CONSERV.&DVLP Kathryn Harris�r.p.o�y� _ Mei Huie,GraxispacesCoordirelor(CPA/ZOA) Larry French�ca„P.��,a�,a�msoMy� Routing CENWP-OP-G CITY OF KING CITY� _ Jennifer Budhabhatti,R��v�.�.,e,�wea�,as� 635 Capitol Street NE,Suite 150 PO Box 2946 City Manager _ C.D.Manager,Giowth MaiaganefA Servioes Salem,OR 97301-2540 Portland,OR 97208-2946 15300 SW 116th Avenue King City,OR 97224 WASHINGTON COUNTY� OR.DEPT.OF ENERGY�Pov.er�ines in nraa� _OR.DEPT OF AVIATION�MonoPws Tovnn� Dept.of Land Use 8�Transp. Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue _CITY OF LAKE OSWEGO� Routing TTRC—Attn: Renae Fercera 3040 25th Street,SE Suite 350,MS 13 Planning Director PO Box 3621 Salem,OR 97310 Hills oro OR 97124 PO Box 369 Portland,OR 9720&3621 Steve Conway cc�,..�nuvs.� Lake Oswego,OR 97034 Gregg Leion�cPn� _ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 � Brent Curtis�caa> CITYOFPORTLAND c����rfo�wan�,ag�aPoca,n�e����,m�xe��mo�c5i _MarahDanielson,oe�awom�Re���+c�.a��a�o� DoriaMateja�zca�MS,a Planning Bureau Director Regional Administrator Ca�l Torland, Right-of-Way 5ection�v��o�� _Sr.Cartographer,�PNZC�,MS,. 1900 SW 4�"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,s�rva��a�+,��5 Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037 WA.CO.CONSOL.COMM.AGNCY ODOT,REGION 1-DISTRICT 2A� _ODOT,RAIL DIVISION STATE HISTORIC Dave Austin cwcccn�°9+�°n«,�..a..., Sam Hunaidi,Ass4ant Di9nd Manager �Naiy+r000T wa-�y.c.�.��9 is Only Acaw to Land) PRESERVATION OFFICE PO Box 6375 5440 SW Westgate Drive,Suite 350 Dave Lanning,s�c���sarery s,�a��� (NOtlfy i(Prop�rly Ha�HD UwAry) Beaverton,OR 97007-0375 Portland,OR 97221-2414 555-13"'Street,NE,Suite 3 1115 Commercial Street,NE Salem,OR 97301-4179 Salem,OR 97301-1012 UTILIT►PROYIDERS AND SPECIAL A6ENCIES PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(eurlington rrorthem/5anta Fe wR Predecessor) Robert I.Melbo, President 8 General Manager 110 W. 10th Avenue Albany,OR 97321 SOUTHERN PACIFIC TRANS.CO.R!R METRO AREA COMMUNICATIONS COMCAST CABLE CORP. TRI-MET TRANSIT DVLPMT. Clifford C.Cabe,Construction Engineer Dehra Palmer�n��exano�o�iY� Randy Bice �s�'.w�Q A�.��, (If PmJect is Withm%Mde ol a Trensit Route) 5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street / Beaverton,OR 97006-4886 Portland,OR 97232 ✓ PORTLAND GENERAL ELECTRIC ✓NW NATURAL GAS COMPANY VERI20N '�QWEST COMMUNICATIONS Ken Gutierrez,Svc.Design Consultant Scott Palmer,Engineering Coord. David Bryant,Engineering Florence Mott,Eng.ROW Mgr. 9480 SW Boeckman Road 220 NW Second Avenue OR 030533/PO Box 110D 8021 SW Capitol Hill Rd,Rm 110 Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219 TIGARD/TUALATIN SCHOOL DIST.#23J �BEAVERTON SCHOOL DIST.#48 COMCAST CABLE CORP. COMCAST CABLE COMMUNIC. Marsha Butler,Administrative Offices Jan Youngquist,Demographics Alex Silantiev,s..M.,�«A�..c��n Diana Carperter inoo.ewNror+acow� 6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203 � INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY fOR ANCIALL CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Noti�y�. h:lpatry\masters`,Request For Comments Notifcation LisLdoc (UPDATED: 3-feb-05) IAlso uodate:r\curoln\setuo\labels\annexation utilities and franchises.doc when uodatino this documentl Nt.�/����-00�9✓ ��'�� � �� � ,���.� ��v � �� �� . � �� � � � �� �� � � , � .� h�� .� � . �0`� . �'�r �-� a-r�cG �:e-� .. D� .��� �. - ���C �� � � 6��-rti �Y� q°. ��� ��v .� cGl� � �,��� � .�. y ��. � - .��- " � a�-�� ,� �� C���,, � '' �� � � ��� ����, _ � 3s�� � �°�.� /� ��° , � �7��� �., :� !�'°�' �, �-c. �'� �n-� " , � �� .,��, s�,�.� �� � . �.v�r� ,�v � �,,�- �� . G�.�� ...� ..,r.� � � � � � � � ��� �� ��� �j �� �.��� � 3/21/OS We the undersigned OPPOSE the addition of the two additional houses on property located at: Alexander Partition file #2004-0009 12645 SW 135`� St Tigard, OR 97223 We neighbors want to preserve the integrity of our neighborhood. We bought our homes with the large lots that ensure our privacy and space. We want to protect our property values for the future. Building of additional homes will obstruct our views and encroach on property lines. Our neighborhood could forever be changed with the higher density housing. : ��-�� �'ch� Clr.� 13SSS Sw wa,ln�- l-�.e '' ---— --- --- - --- Qwn �l 3� �r o �� (��/zu� �un� C�`,l� (1 s�n�� ��/ - �3� �s 5�W l�✓� jn�t L�� �` � ` ✓C 'I . ���v����E� 1 � I �C���...,�i �J�� ' � ��v�vb ���' ./= �L— ��-. ,5 ', 3���I � � r �` ���✓'r�����`j 13 4�3� S�=J l�:��u.��"(�-� �Q��«/�Gi�,L� �I I � f R�t,'l s I•-i t,i�v'��t I 3 G 3 S S� c✓Fl L�u c.-c r L,v � �� s� I o�,� 35�a S�✓ 1�✓kl�u%�,� �"� . � �.�v = d � S.3J� "L-G ' _u v� cc u��H� I 3 5`� 5 ��> � �'L .�li-��z_� � mA�� ���,� ►N l a� �� 5�,� -�s '����.Q� 3/21/OS We the undersigned OPPOSE the addition of the two additional houses on property located at: Alexander Partition file#2004-0009 12645 SW 135"' St Tigard, OR 97223 We neighbors want to preserve the integrity of our neighborhood. We bought our homes with the large lots that ensure our privacy and space. We want to protect our property values for the future. Building of additional homes will obstruct our views and encroach on property lines. Ow neighborhood could forever be changed with the higher density housing. () ' ��'� ,�.�� � -I�1-�av�n 1 z�2t� �w l 35�i J �-7 22 ; `� � u��•--� IZ�(S S� t3dr Cr � � � U�i� l `' �-�. �-� , , � � ; � � � � _ . , �, �, r ,���� ��h,�c�,. . � 3l�" ✓s�<?��.� Si' , i; �'!`l� �r�r�� � ;����� /3G 2s s�� �N-� S� �� d �'� � � ,t� < � � � i 3��:' �� ��-. �G. t�'_ '� . q ��-�a.'° • . � - �a � ��-� - .� � a��� s ��3 7�� ��� ��L . i / � . , i r � lj' ��r�� d"�+'�� = �r- � )�53��� ��J���-���,► ` , C�..�-- �f��,� �z�:i -� . ✓ REQUEST FOR COMMENTS CITY OF TIOARD �'ommuni.ry�Dr.veCopm.�nc S�.apingA rBctter C�mmunity DATE: M�tCh 11.���5 T0: lan Youn e1�t Be�rerron School Dlatrlct#48 oemo�repptcs a Planeln Da eronent RECEIVED ING �oM: ei ot n erd riean�n o�on MAR 2 1 2005 STAF�CONTACT: Mst�ew Scheldr er Ilaaoclate Pl�n�er[�t48n Pbone: [50S1889�41T1/FBx: Ig0818�4-1�9] C�T1( OF TIGARD �II�EIIANDER PARTiT10N � MIN011 IAND PARTITION[MLPI�004-00009 REQUEST: The applicant is requesting approval tv perform a three-lot partition on a parcel of land containing approximately 36,770 squere feet. This partition will create Parcel #1 with approximately 23,795 square feet, Parcel #2 with 5,720 9que�re feet, and Parcel #3 with 7,255 squere feet. An existing single-family dwelling exists on the subject property and is proposed to remain vn Parcel #1_ LOCATION: 12645 SW 135th Avenue; WCTM 2S104DB, Tax Lot 1000. ZONE: R-7 Medium Density Residential. 7he R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,OOd square feet. Mobile home parks and , � subdivisions are also permitted outright. Same civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community [7evelopment Code Chapters 18.390, 1$_420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are ths Site Plan, Vlalnity Map and Appllcant's Infvrmatlon for your review, From Informat+vn supplied by various departments and agencies and fram other information available to our staff, a report and recommendation wiH be prepared and a decision will be rendered on the propvsal in the near Future. If you wish to comment on this application, WE NE�D YOUR CO MEN7S B C 8Y: M C 25 Z006�7 You may use the space provided below o� attach e separate letter to retum your cvmments. If vou are un�ble to reapond bv the above date, please phone the staff contact noted above with your comments and confirm your comments in writ�ng as soon as posslble. (f you have any questlons, contact the 1'igard Planning Division, 13125 SW Hall Blvd., Tigard, OR 97223. PLEA8�CHECK TN� FOLLOWING ITEM3 TWA1'APPLY: We have reviewed the proposel end have na obJections tv it. � Please contact of our offlce. ?� Please refer to the enclosed letter. Wrltten comments provlded below; Name 8� Numberof Person Commenting:r �1.� � �v��Qu�ST J�3 � [�►�—(.�•�� �JYIN �B�TB��Jt1d L6ZL�89�0S�01 b8bbZ6S�BSti 'Xd� �d��WO�I� bb��Z S0 ZT-?�ti6J � �� Jan Youngqulst Facflitles plenning Maneger s c H o o � b � s r R � c Y janyouungquist�beaverton.kl2.or.us crea�ing�athways to the ftcCure for all stuclents 16550 SW Merlv Road.Beaverton, OR 970dB 503.581.4319 • Fax 503.591.4464 Service Provider Statement bate: March 17. 2005 Proposed Resldential bevelopment: Alexander Partillon—MLP 2004-00009 (2s1 aaDB I�at �o00 Proposed Number of Dwellings: Pro�ected Numb�r of Students: Single-family 3 Elementary Level 1 Attached Mlddle School Level 1 Multlple-family High SChool Leve{ 0 TOtAI. 2 The District has evaluated your proposai for residential development and has projected that the proposed development wlll produce the tollowing student impact on Beaverton Schvol District: Student Impect: Elementary Level Middle School Level ' High School Level Neq�tive impact it development qeherates any high schovl Students This analysfs is based on the DistricYs data on the capac+ty, current enrollment, projected student impact of approved yet unbuilt dwellings, and the impact of th+s request for servlce with regard to the schools wfthln whose boundaries this proposal Is located. Please be aware that this analysis is based on current school boundaries; these boundaries are subject to change. Due to rapid resfdential growth, the District has ongoing canCerns regarding the cumulative impact of residentfal development on school capacities. The District will contlnue to monitor populatfon and enrollment forecasts, as well as track all proposed and approved residentfal developments in order to antialpate signiflcant impact on schools. Please refer to the attached data showing the District's total capacity less the curtent enrollment, student impact of the currently approved resldential dwellings, and the resulting status of capacity. Also, please refer to the definitions of the variable5 used fn this calculation. Servlce Statement valld for 90 days �- 311� l0� n oungq ist Date F ities Pla g Mana er M:�Service provlder 5tetements�2004-2005W1exander Pertltlon 3-17-d5.doc Pa�� �2 �0�z0�3Jtid Z6ZLb89�0S�01 b8bbZ6S�0SZ 'Xt1� �d��WD�I� Sb��ti Sa LT-�IHW • � . ASSESSM�Nt O� bATA Elementer Middle Sohool H{ h Schcol 7ota12004 Availabla Ce acit 17,624 8 072 9,526 Less Se t. 30, 2004 actua� enrollment 16,280 8,274 10,690 Less fulure stude�t im act of a roved dwellih s 1,293 507 566 Ren�elnin Ca acit or Cs aclt Defick 51 -709 -1 732 VARIABL�S DEFINED AND USEb IN THIS CALCULATION: Cepacity District�apacity fs determined by u5ing Board approved"Objective CNte�ia for betermfning SChool Capacit�'- The cepecity criteria are Included fn the School Facllity F'lan, which w�s approved by the School �oard in June 7002. The School Facllity Pl�n, which was requlred for O.R.S. 195.110 compliance, i5 on file at District offices. The DlstricYs capacity stated below includes current permanent capacity,the increased c�pacity as provided by the November 2000 bond, ahd portable classrooms currently owned by the District. Capacity dedicated to selt-contalned s ecial education ro rams has been deducted. Elementery Leve) Mlddle School Comprehenslva Dlstrict Totel Level HI h Schools Total Capaclty 17,624 "8,072 '9,526 '35,222 'Does not Include capacity at o�tlons sChools. Enrollment in thp5e programs is based on student and parent election to participate_ Enrollment �lementary Mlddle School Hlgh School Speclal blst�lct total Leve! Level Level Educetlon Enroliment Sep. 30, 2004 16,280 B,274 10,690 500 35,744 Net Approved(Unoccupied) Hesldentlal bwellings/Pro�ected Students (As of September 2004) The tollowing is the number of residential dwellings within Beaverton 5chool District that have been approved by the city/county jurisdictions serving the Dlstrlct that were uhbuflt or never occupied as of September 2004. Sin le-famll dwellin s e roved 2,243 Attached dweilin s a roved 3 526 Muhi le-fsmil dwellin s a roved 1,299 TOTAL APPROVED DW�LLINGS 7 066 Based on factors currently used by the District, the following humber of students would be projected from the number of approved dwellings listed above, Pro ected Elementa Students 1 293 Pro'ected Mlddle Schoal Students 507 Pro ected Hi h 5chool Students 586 TOTAL StUbENTS PROJEC7Ed 2 368 M�\Servlce Provlder Stetements�2U04-2005WIexander PeAltlon 3-17-05.doc Psge 2 of 2 �0��0-3Jtid Z6ZZb89�0S�01 b8bbi6S�0Si 'Xd� �ti��WO�l� Sb:TT S0 L�-�ItiW REQUEST FOR COMMENTS CITYOFTI(iARD Community�DeveCopment S(apingA BetterCommunity DATE: March 11,2005 T0: Matt Stine,Urdan Forester/PuUlic Works Annex RECEIVED PIJ�NNING MAR 2 1 2005 FROM: Ciiy af Tigard Planning Division STAFF CONTACT: Mathew Scheidegger,Associate Planner[x24311 C�� OF TIGARD Phone: [5031639-4111/Fax: [5031684-7297 `.-ALExANDER PARTITION � MINOR LAND PARTITION[MLPI 2004-00009 REQUEST: The applicant is requesting approval to perform a three-lot partition on a parcel of land containing approximately 36,770 square feet. This partition will create Parcel #1 with approximately 23,795 square feet, Parcel #2 with 5,720 square feet, and Parcel #3 with 7,255 square feet. An existing single-family dwelling exists on the subject property and is proposed to remain on Parcel #1. LOCATION: 12645 SW 135th Avenue; WCTM 2S104D6, Tax Lot 1000. ZONE: R-7 Medium Density Residential. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 25. 2005. You may use the space provided below or attach a separate letter to return your comments. If vou are unable to resqond bv 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: REQUEST FOR COMMENTS ��noFT,aaRo ('ommunity�UeveCopment S�apingA Better�'ommunity OATE: March 11,2005 T0: lim Wolf,Ti9ard Police Department Crime Preuention Oificer FROM: Cit�of Tioard Planning Diuision STAFF CONTACT: Mathew Scheide9ger,Associate Planner[x24311 Phone: [5031639-4111/Fax: [5031684-1297 :=ALEIIANDER PARTITION Q MINOR LAND PARTITION[MLPI 2004-00009 REQUEST: The applicant is requesting approval to perform a three-lot partition on a parcel of land containing approximately 36,770 square feet. This partition will create Parcel #1 with approximately 23,795 square feet, Parcel #2 with 5,720 square feet, and Parcel #3 with 7,255 square feet. An existing single-family dwelling exists on the subject property and is proposed to remain on Parcel #1. LOCATION: 12645 SW 135th Avenue; WCTM 2S104DB, Tax Lot 1000. ZONE: R-7 Medium Density Residential. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. Attached are the Site Plan, Vicinity Map and ApplicanYs Information for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: MARCH 25. 2005. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond bv 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. PL ASE 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: 1 `,`Q`{� � �� t U W T � . � RECEIVED PLANNING � l � MAR 2 2 2005 �� 1 � CITY QF TIGARD '�� a ��,� � � l � � � �' �c � - -�� E �� � l � � rl� L� � --��� � ti � � � � �� � � �o� � ��� �� S� �Jal nu� 1 �� �� � � � �� aa�� � �a 3 �-�� � � � �� a � r , ��� ���.% C� v� � � ��� �.,��, ''�� . �.Cy'� l .Q/� ��� �G� , C��' " ��� .�-c�J ��`h� �'.c.i;C� �i�C2� ,c.l,� 02 � � � /l�'�C� ,�c�7�,���'�./ �-L� ?�e�.Q ���c�� / C�c�c��-�o-n � ,���.��i � �� � � � �`� � �;� , `% � �'/�� .�u�� C�c�� ��,�, � -_ �� �1�-�n� ��C,c��,.��u-� a�-� .�.� �m ..�.�� c� �/'`�C�'�,�'z.�,� c�� / ��� , (�.,e, ,v��2.� ..C� ua�.�� �;��i,��c�v �-c.v .���. �-� . w„� u,�� ��?� � .,�� ,�c� �, h ���, ��� r�� .��� � .��� r �, . �;��/J� C,� �2� .��C���C�02 �� • � �h��u.� �� ;���� �C ���� , . ��n � ���� � � , �� �� o �� . ���� ��� � � r� �r,��/ � � c �� � : �h h � � � m�. � �;�rti , l� ha cL_ �,c�f�a,�- �,c.,c� � � :� � , /.�� # r i / ' (,(, .,�(�� �2e� � C9�1.�c� �I�� �'1� ��C�'c.,J L�C� C� 2 S `ZP�r c�o.�c�! , C� a�� � . �?r-a � ��;�C, ���� � -�x / � C�� . C'�.�i �. �.,c.�.�' , i � ��� � �� � � � . �� � .-� � .,�-�.�, .�'� � �--G�-� '-�;. � � � � .� ' a �� - �;�� - � ���. � � �-- . ��'////\�/a� - �/ _ 1 / � � C.(Ja� c,.�(� c.c�ciC/e d" t/ (� � � �3�c�� (,(.� .C,c.� �'�+�--� � �C,o .�-c4� ��C��,� �C.� C������� � � .� ��� �.. �� ��� � �h-� �� .,�� �.,�. _ Q . �'' ��n� � � � cD ; ���'� ��, ` d ��� �c a� ,.�a� ..����' . ��.�.e� �h���c-H� �-c � a�v � � 2 c � � C�.'.1� ��n �c�-n�.�n� o��, ��c ' � ��.�.�� ��� �.���� - ,�.�.� .,t`� �? �_ � , 02 �C,c�cQ�.C�C' /Y� . .�� Q�'1 � ���/ ,,� - � � ��' - h.� �� �� �� � � C�c,� �.�.�, �.��--� .�t� Q �.� :� a � l'.LC�/z2.�.���cL.�..� ��-vtJ �� � Gr�l oL �� ��, ch��.�.� a�-� , a � �/�� .� .��-c.� Q� ,.��� �� � �n ; ��� �.�° � .-^oL/� �lC�.�,� � -C�.�i (. / �-�-�-..� . �w' �� ������� ./. ✓ � � �- /�Z�P�aa y��9 RECEIVED PLANNING MAR 2 2 2005 CIT�Y OF TIGARD e��s�r� 12880 S.W 135 Ave _ � Tgard,OR 97223 �� /� � p �;?� /3� �� � � ��%� � �� , ��a��, 3 �� ��� �- - � � � /3!��J s�t�,;��� T � 1 ��� e� _ , S�i,�f��� � �� � ���" y � � . � � _- � � � � � � �� � �� ���� <�Gtiy�t l� 1 ; � �� � � �'� � � � �� ���-�- �,� �� ��� �� �� � ���,.��-��. � � - . � NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION CITY OF TIGARD MINOR LAND PARTITION ,ShupingABet�Commun:ry DATE �F NOTICE: March 11, 2005 FILE NUMBER: MINOR LAND PARTITION (MLP) 2004-00009 FILE NAME: ALEXANDER PARTITION PROPOSAL: The applicant is requesting approval to perform a three-lot partition on a parcel of land containing approximately 36,770 square feet. This partition will create Parcel #1 with approximately 23,795 square feet, Parcel #2 with 5,720 square feet, and Parcel #3 with 7,255 square feet. An existing single-family dwelling exists on the subject property and is proposed to remain on Parcel#1 20NE: R-7 Medium Density Residential. The R-7 zoning district is designed to accommodate attached single- family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. LOCATION: 12645 SW 135�'Avenue; WCTM 2S104D6, Tax Lot 1000. YOUR RIGHT TD 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 All comments should be directed to Mathew Scheide�qer, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503-639-4171 or by email to MattsCc�ci.tiqard.or.us. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS. THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATNELY SCHEDULED FOR APR�IL�2�1� �� . IF YOU PROVIDE COMMENTS, Y�U 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 impo�tant with sufficient evidence to allow the City to provide a response; . Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR�S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPaN 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 retied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. If you want to inspect the file, please call and make an appointment with either the project planner or the planning technicians. 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 �a�e of th�c Notice !�nder the sec#ion t�t!ed "Yc�� Right#C Pr�v;�e b^lr,tter �emr�nts." �r < � ,,��� ........,.................. ma�rr w�r 0 T —________ �' MLP2004-00009 ALEXANDER PARTITION 2 F LN �i x R nosv k'4 x N�ry. F Y '� ST _� N xe .. °s� � _' � . . .Ciq'of TieW.......�._. Page 1 of 1 � �'y'L`'�C�C`�����C%Ci� ✓ Patty Lunsford - Alexander Partition ���f.;�:- �,�.��,�„�� �..�...��:�...�.._ �� ��� ,. _ _. -��_,_. ...� a.. From: "Brian Alula" <b alula@hotmail.com> To: <matts@ci.tigard.or.us> Date: Wednesday, March 23, 2005 11:54:31 PM Subject: Alexander Partition ___ _ . _ _ _ ___ _ _ __ _ _ __ _ ____ ___�. ___... Hi Matt, First, thank you for taking your time to discuss my concerns about the proposed Alexander Partition. The following are some of my concerns: 1. The primary reason I bought the property is to enjoy spacious living and have better privacy. Simply I wanted to avoid the current track home settings (squezzed lots or communities). I also understand most of my neighbors share the same opinion. This proposal may create a track home or congested feel in our neighborhood. Therefore, I recommend building only one house properly located on the lot to avoid an appearance of congestion. 2. To avoid impacting the value of our properties, I want to see at least similar or better house being build in size and quality (2000 SqFt plus, etc) which is comparable to homes currently in existence in our neighborhood. 3. Particularly since I am the immediate neighbor of the Alexander's, I am concerned about encroachment of the new buildings against my property including impacting matured trees and floras, impacting lighting, aesthetically unpleasant view, etc. I am very much interested to see the proposed plan that shows the actual location of the proposed houses in respect to my property including the types of proposed building (single story, double story, etc. This should give me a better feel of impacts to my property. Thank you & Have a great day! Brian B. Alula b_alula@hotmail.com Tel. (503) 319-1916 PS. I own the property located at 13540 SW Walnut LN, Tigard OR 97233 file://C:\Documents%20and%20Settings\Patty.000\Local%20Settings\Temp\GW}... 3/25/2005 Matt Scheidegger-Alexander Partition `�i(�o QQ --QQQ� � Page 1 ' � From: <Kvistad98@aol.com> To: <Matts@ci.tigard.or.us.> Date: 3/24/2005 9:57:28 PM Subject: Alexander Partition To Tigard Planning Commission CO Matthew Scheidegger Dear Sir We wish to register our strong opposition to the development of the Alexander partition. The intended useof this property is completely the opposite to the original intent of the contract we all signed with Mr. Otis Cagel who developed his plot called Obers Heights. At that time any party who wanted to add to a dwelling or additional housing had to have the approval of all land owners. Larger lots were necesssary to accomodate drain fields, protect the beautiful trees and allow us to develop a very pleasant outdoor stmosphere. The development of this property will defeat the dedication we had to create a beautiful and unique subdivision with similar lots and homes. This partition and proposed homes will add two additional drivewys to 135th abringing the total to eight in this one block. this section of 135th is already dangerous and the additional outlets will elevate the problem. We wish at this time to request a denial for this partition request. Respectfully ROD KVISTAD 13535 s.w. Fern Tigard Oregon Ps. A special thanks to Matthew Scheidegger who represented Tigard in a very professional manner during my visit. -- - - - Matt Scheidegger- Land partition request Page 1 .�_. From: "JUDIE JENSEN" <judiej@teleport.com> To: <matts@ci.tigard.or.us> Date: 3/24/2005 9:47:54 PM Subject: Land partition request TO: Mr. Scheidegger RE: Alexander Partition (MLP) 2004-00009 FR: Norman &Judie Jensen Owners of the property at 12660 SW 136th Court Tigard, Oregon 97223 We strongly support the opinion expressed by the Lansons, residents of this property, explained in an email sent March 23. We definitely feel that adding additional houses to the adjoining property will be detrimental to the aesthetic value and harmony of the existing homes in this neighborhood. It is this aesthetic value and harmony that brought the 4 of us to the final decision to purchase and occupy this property. MEMORANDUM CITY OF TIGARD, OREGON DATE: 4/26/05 TO: Matt Scheidegger, Associate Planner FROM: Kim McMillan, Development Review Engine���/ � � RE: MLP2004-00009 Alexander Partition Access Manaqement (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 has indicated that the visual clearance area requirement will be met. The applicant shall confirm that the visual'clearance areas can be met after the street improvements have been completed. This confirmation shall be provided prior to issuance of building permits. 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 trafFc commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right-of-way line of the intersecting street to the throat of the proposed driveway. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact report submitted by the applicant's traffic engineer. In a case where a project has less than 150 feet of street frontage, the applicant must explore any option for shared access with the adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far from the intersection as possible. The proposed northern most driveway is approximately 155 feet south of the intersection of Walnut Street and 135th Avenue, thereby meeting this criterion. 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 MLP2004-00009 Alexander Partition PAGE 1 135th Avenue is classified as a Neighborhood Route; therefore this standard 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 Neighborhood Route to have a 54 right-of-way width and 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 135th Avenue, which is classified as a Neighborhood Route 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 the additional ROW required to provide 27 feet from centerline. SW 135th Avenue is currently partially improved. In order to mitigate the impact from this development, the applicant should remove the driveway that is located befinreen the proposed shared driveway and the proposed driveway for Parcel 2. New curb and sidewalk shall be constructed in place of the removed driveway. The applicant shall construct the new driveway to serve Parcel 2 if not completed by Washington County prior to issuance of building permits. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades up to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. ENGINEERING COMMENTS MLP2004-00009 Alexander Partition PAGE 2 The Washin�ton County proposed road improvements for Walnut Street include work on 135 Avenue. The grades on 135th Avenue are 12 — 15%, but not for distances exceeding 250 feet, thereby meeting the criterion. 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. PLANNING ENGINEERING COMMENTS MLP2004-00009 Alexander Partition PAGE 3 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. There is an existing sidewalk along the 135th Avenue frontage. The sidewalk is located at the curb. The Washington County project is expected to replace a portion of the sidewalk and construct the proposed driveway apron for Parcel 2. The applicant shall remove the driveway located between the proposed shared driveway and the proposed driveway for Parcel 2 and replace it with curb and sidewalk. If the County project does not complete the frontage improvements the applicant shall complete them prior to issuance of building permits. Sanitary Sewers: Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new development and to connect developments to existing mains in accordance with the provisions set forth in Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 1996 and including any future revisions or amendments) and the adopted policies of the comprehensive plan. Over-sizing: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an existing sewer line in 135th Avenue. The existing home is served by a lateral from the main line. The applicant proposes to provide two additional laterals to serve the new lots. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility shall be large enough to accommodate potential runoff from its entire upstream drainage area, whether inside or outside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). ENGINEERING COMMENTS MLP2004-00009 Alexander Partition PAGE 4 There are no upstream drainage ways that impact this development. 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 Surtace Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. Developments of this small size, especially residential land partitions, are not required to provide on-site detentions. The applicant will be required to pay the water quantity SDC upon application for the building permit for the two new parcels. 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. 135th Avenue, south of Walnut Street, is not a designated bicycle 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 MLP2004-00009 Alexander 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 surtace 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 135th Avenue. If the fee in-lieu is proposed, it is equal to $ 35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 175 lineal feet; therefore the fee would be $ 6125.00. ADDITIONAL CITY ANDlOR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT STANDARDS: Public Water Svstem: The City of Tigard provides service in this area. The applicant's plans indicate that two water meters will be installed to serve the new parcels. 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 ENGINEERING COMMENTS MLP2004-00009 Alexander Partition PAGE 6 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 Clean Water Services 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 the proposed development. Rather, the CWS standards provide that applicants should pay a fee-in-lieu of constructing a facility, if deemed appropriate. The applicant shall pay the fee-in-lieu for this application. Gradinq and Erosion Control: CWS Design and Construction Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. Address Assiqnments: The City of Tigard is responsible for assigning addresses for parcels within the City of Tigard and within the Urban Service Boundary (USB). An addressing fee in the amount of $ 50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. Survev Requirements The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. ENGINEERING COMMENTS MLP2004-00009 Alexander Partition PAGE 7 In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: . A Public Facility Improvement (PFI) permit is required for this project to cover driveways, sidewalks 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. . The applicant's PFI submittal shall include visual clearance area triangles at all driveways, existing and proposed. . Prior to final plat approval, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be ENGINEERING COMMENTS MLP2004-00009 Alexander Partition PAGE 8 acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basins, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). . Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat, Engineering). . The applicant shall provide signage at the entrance of each shared flag lot driveway that lists the addresses that are served by the given driveway. . The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicatin� that they will construct the following frontage improvements along SW 135t Avenue as a part of this project: A. 5-foot concrete sidewalk with planter strip; B. street trees in the planter strip spaced per TDC requirements; C. streetlight layout by applicant's engineer, to be approved by City Engineer; and D. driveway apron (if applicable). . The applicant must complete the frontage improvements, including driveway removal, new driveway, curb and sidewalk construction prior to issuance of building permits. . A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. . The applicant shall provide connection of proposed parcels to the public sanitary sewerage system. A connection permit is required to connect to the existing public sanitary sewer system. . The applicant shall either place the existing overhead utility lines along SW 135th 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 $ 35.00 per lineal foot. If the fee option is chosen, the amount will be $ 6125.00 and it shall be paid prior to final plat approval. . An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion ENGINEERING COMMENTS MLP2004-00009 Alexander Partition PAGE 9 Prevention and Sediment Control Design and Planning Manual, February 2003 edition." . The applicanYs final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the subdivision plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: • GPS tie networked to the City's GPS survey. • By random traverse using conventional surveying methods. . 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. 2421). 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 135th Avenue shall be made on the final plat. E. NOTE: Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for City Engineer signature (for partitions), or City Engineer and Community Development Director signatures (for subdivisions). ENGINEERING COMMENTS MLP2004-00009 Alexander Partition PAGE 10 THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF BUILDING PERMITS: Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and approval: . Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomyla�" copy of the recorded final plat. . During issuance of the building permit for Parcels 2 & 3, the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS). . Prior to issuance of building permits, the applicant shall provide final certification that the vision clearance areas for the driveways has been met. ENGINEERING COMMENTS MLP2004-00009 Alexander Partition PAGE 11 ► AFFIDAVIT OF MAILING CITVOFTIGARD Community��evefopment ShapingJ7 BetterCommunity I, �Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAcfministrative SpecraCist for the City of Trgard,�`Washington County, Oregon and that I served the following: {Check Appropnate Box(s)Below} ❑X NOTICE OF DECISIOH FOR: MLP2004-00009/ALE%ANDER PARTITION � AMENDED NOTICE (File No.lName 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 Exhi6it"B",and by reference made a part hereof, on Mey 3,2005, and deposited in the United States Mail on May 3,Z005, postage prepaid. i , l��C...� , �, (P on that P pared No' e) _ U S7,A27E O�F 04�E�ON ) County of�iNasTsngton )ss. City of�'rgard ) ,� Subscribed and sworn/affirmed before me on the��day of , 2005. �c; �.���aL �, ,'��;, '���`3� fiOSS `. � ,� r��� � �� �UBLIC-OREGON �`�' CGf,,'�',�SION N0.375152 FJ�'x'COMMISSlOiy EXPIRES DEC.1,2007 _ l� �( --�� My Com - n Expires: . , EXHIBIT.� NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2004-00009 CITY OF TIGARD ALEXANDER PARTITION c°"�"�u"``'',°�°er�""e"t Shapirtg�143et ter Community 120 DAYS =7/8/2005 SECTION I. APPLICATION SUMMARY FILE NAME: ALEXANDER PARTITION CASE NO: Minor Land Partition (MLP) MLP2004-00009 PROPOSAL: The applicant is requesting approval to create a three-lot partition on a parcel of land containing approximafely 36,770 square feet. This partition will create Parcel #1 with approximately 23,795 square feet, Parcel #2 with 5,720 square feet and 7,255 square feet for parcel #3. APPLICANT: Marion and Dominique Alexander OWNER: Same 12645 SW 135th Avenue Tigard, OR 97223 ZONING DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached sin le-family homes with or without accessory residential units, at a minimum lot size o� 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. LOCATION: 12645 SW 135th Avenue; WCTM 2S104BD, Tax Lot 1000. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. 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 MLP2004-00009/ALEXANDER PARTITION PAGE 1 OF 20 THE APPLICANT SHALL CONSTRUCT THE PROPOSED DEVELOPMENT IN COMPLIANCE WITH THE PLANS SUBMITTED EXCEPT AS MODIFIED BY THE FOLLOWING CONDITIONS OF APPROVAL: CONDITIONS OF APPROVAL THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING, EXCAVATION AND/OR FILL ACTIVITIES: e app icant s a prepare a cover etter an su mit it, a ong wit any supporting ocuments and/or plans that address the following requirements to the CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 1. Provide, implement and maintain a mitigation plan for 17 caliper inches. 2. Prior to commencing on-site improvements, the applicant shall submit a final Tree Protection Plan that shows exactly how far the tree protection fencing will be from the face of each protected tree (including those on neighboring properties where construction occurs within the trees' driplines) that will be impacted by consfruction activities within its dripline. The applicant, through their ProJ'ect Arborist, shall 1�ustify the close proximi�y of the construction activities to the trees. Fie shall certify by signing the fnal tree protection plan {o be included with the construction documents that the activities will not adversely impact the overall and long-term health and stability of each tree. Any construction that occurs within the neighboring trees' driplines should be justified by the applicant and approved by the City Forester and neighboring property owner(s). Work may proceed within the driplines only with the approval of the City Forester. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO APPROVAL OF THE FINAL PLAT: e app icant s a prepare a cover etter an su mit it, a ong wit any supporting ocuments and/or plans that address the followin requirements to the CURRENT PLANNING DIVISION, ATTN: MATHEW SCHEIDEGGER 503-63�-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 3. Apply for a Type I adjustment in order to use existing trees as street trees along SW 135th Avenue, using the criteria of 18.370.020.C.6.a. of the Tigard Development Code, or revise landscape plan to include street trees from the City's street tree list. 4. Provide implement and maintain a plan that shows proposed parcel #3 to have a 15-foot access drive with 'f 0 feet of pavement. 5. Provide documentation that a reciprocal access easement has been recorded with Washington County that establishes joint access between proposed parcel #1 and parcel #3. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM MCMILLAN 503-639�L171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 6. A Public Facility Improvement (PFI) permit is required for this project to cover driveways, sidewalks 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.lmprovement Design Standards, which are available at City Hall and the City's web page (www.ci.tiqard.or.us). NOTICE OF�ECISION MLP2004-00009/ALEXANDER PARTITION PAGE 2 OF 20 7. The PFI permit plan submittal shall include the exact legal name, address and telephone number of the individual or corporate entity who will �e�c esignated as the "Permittee", and who will provide the financial assurance for the public improvements. For example, specify if the entity is a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide accurate information to the Engineering Department will delay processing of project documents. 8. The applicant's PFI submittal shall include visual clearance area triangles at all driveways, existing and proposed. 9. Prior to final plat approval, the applicant shall provide the City with as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the City's GPS network. The applicanYs engineer shall provide the City with an electronic file with �oints for each structure (manholes, catch basins, water valves, hydrants and other water system eatures) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD $3 (91). 10. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat, Engineering). 11. The applicant shall provide signage at the entrance of each shared flag lot driveway that lists the addresses that are served by the given driveway. 12. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility Improvement permit, indicating that they, will construct the following frontage improvements along SW 135th Avenue as a part of this pro�ect: A. 5-foot concrete sidewalk with planter strip; B. street trees in the planter strip spaced per TDC requirements; C. streetlight layout by applicant's engineer, to be approved by City Engineer; and D. driveway apron (if applicable). 13. The applicant must complete the frontage improvements, including driveway removal, new driveway, curb and sidewalk construction prior to issuance of building permits if not completed by Washington County. 14. A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. 15. The applicant shall provide connection of proposed parcels to the public sanitary sewerage system. A connection permit is required to connect to the existing public sanitary sewer system. 16. The applicant shall either place the existing overhead utility lines along SW 135th 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 6e $ 35.00 per lineal foot. If the fee option is chosen, the amount will be $ 6125.00 and it shall be paid prior to final plat approval. 17. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003 edition." NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 3 OF 20 . , 18. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shal� be of the same precision as required for the partition 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. 19. 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. 2421). 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 ri ht-of-way dedication for 135th Avenue shall be made on the finaf plat. E. NOT� Washington County will not begin their review of the final plat until they receive notice from the Engineering Department indicating that the City has reviewed the final plat and submitted comments to the applicant's surveyor. F. After the City and County have reviewed the final plat, submit two mylar G. Copies of the final plat for City En�ineer 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: e app icant s a prepare a cover etter an su mit it a on wit any sup orting ocuments and/or plans that address the following requirements to the CURRENT PLANNIIJG DIVISION, ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify where in the submittal the required information is found: 20. The Project Arborist shall submit written reports to the City Forester, at least, once every two weeks, as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall J�ustify why the fencing was moved, and shall certify that the construction activities to the trees did not adversely impact the overall and long-term health and stability of the tree(s). If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being followed by the contractor, the City may stop work on the project until an inspection can be done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, determine if any part of the Tree Protection Plan has been violated, and if so what remedial measures shall be imposed prior to resuming work. 21. Prior to issuance of building permits the Project Arborist shall submit to the City Forester a final report describing how the Tree Protection Plan was implemented and detailing any failures to comply with the Tree Protection Plan. The report shall also describe the health of all remaining trees on the site, with details provided as to any tree that has had its root system disturbed or that has otherwise been damaged. The applicant shall prepare a cover letter and submit it, along with any supporting documents and/or plans that address the following req uirements to the ENGINEERING DEPARTMENT, ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the required information is found: 22. Prior to issuance of building permits, the applicant shall provide the Engineering Department with a "photomylar" copy of the recorded final plat. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 4 OF 20 . , 23. During issuance of the building permit for Parcels 2 & 3, the applicant shall pay the standard water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS). 24. Prior to issuance of building permits, the applicant shall provide final certification that the vision clearance areas for the driveways have been met. 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 : e su �ect parcel is located in the City of Tigard. The property is designated Medium Density Residential on the Tigard Comprehensive Plan and Zoning Map. No other land use approvals were found to be on file. Site Information and Pro osal Descri tions e su �ect property is approximate� ,770 square feet in size and is generally flat. The proposed parcels will take access from SW 135 h Avenue. The maximum density for the parcel is four units. With the addition of two new units the parcel will have a total of three units. Therefore, the parcel is not being partitioned to it's maximum density. This partition will create Parcel #1 with approximately 23,795 square feet, Parcel #2 with 5,720 square feet and 7,255 square feet for parcel #3. SECTION IV. PUBLIC COMMENTS The City mailed notice to property owners within 500 feet of the subject site providing them an opportunity to comment. Six letters were received opposing the proposed partition for the following reasons: • The Partition will ruin the integrity of our neighborhood. We bought our homes with the large lots that ensure our privacy and space. We want to protect our property values for the future. Building of additional homes will obstruct our views and encroach on property lines. Our neighborhood could forever be changed with the higher density housing. Staff Response: The subject site along with the surrounding neighborhood is zoned R-7 residential. According to Tigard's Comprehensive Plan, the R-7 zoning district is considered Medium Density Residential wi�h a minimum lot size of 5,000 square feet. Partifioning of property is allowed in all zones. The number of units allowed on a parcel is limited to the maximum allowable density for the site, which is based on the minimum lot size allowed in that particular zone. The Alexander's have applied according to City process and have addressed and met all applicable code criteria. Integrity of existing neighborhood conditions that are not part of code standards is not a code criterion. The owner has a property right to develop according to the standards of the law, just like all the neighbors. Home Owners Assoaation or deed restrictions would be the only means of prohibiting such development. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 5 OF 20 SECTION V. SUMMARY OF APPLICABLE CRITERIA A summary of the applicable criteria in this case in the Chapter order in which they are addressed in this decision are as follows: A. Land Partitions B. A licable Develo ment Code Sections esi en ia zoning is ric s 18.705 Access, Egress and Circulation) 18.715 Density) 18.730 Excepfions to Development Standards) 18.745 Landscaping and screening) 18.765 Off-street parking and loading requirements) 18.790 Tree removal) 18.795 ision clearance) C. Street and Utili Im rovement . ree an i i mprovement Standards) D. Decision Makin Procedures . mpac u y The proposal contains no elements related to the provisions of these Specific Development Standard Code Chapters: 18.710 (Accessory Residential Units), 18.740 (Historic Overlay), 18.742 (Home Occupations), 18.750 (Manufactured/Mobil Home Regulations), 18.755 (Mixed Solid Waste & Recyclable Storage) 1$.760 �Nonconforming situations), 18.7$5 (Temporary Uses), and 18.798 (Wireless Communication Faci ities). These chapters are, therefore, found to be inapplicable as approval standards. SECTION VI. APPLICABLE REVIEW CRITERIA AND FINDINGS A. Land Partitions (18.4201: The proposed partition complies with all statutory and ordinance requirements and regulations; The proposed partition complies or can be made to comply with all statutory and ordinance requirements and regulations as demonstrated by the analysis contained within this administrative decision and through the imposition of conditions of development approval. All necessary conditions must be satisfied as part of the development and building process. Therefore, this criterion is met. There are adequate public facilities available to serve the proposal; Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). The applicant has proposed to construct public facilities to serve the ultimate impact of the proposed development. Based on the analysis provided herein, Staff finds that adequate public facilities are or will be made available to serve the proposal. Therefore, this criterion is met. All proposed improvements meet City and applicable agency standards; and The public facilities and proposed improvements are discussed and conditioned later in this decision under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part of the permit process and during construction, at which time the appropriate review authority will ensure that City and applicable agency standards are met. Based on the analysis in this decision, Staff finds that this criterion is met. All proposed lots conform to the specific requirements below: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 6 OF 20 The minimum lot width required for the R-7 zoning district is 50 feet. The smallest parcel proposed, parcel #2 is 60 feet in width. Therefore, this standard has been met. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area. The minimum lot area requirement in the R-7 zoning district is 5,000 square feet for detached single-family units. The proposed partition creates three (3) lots that are 23,795, 5,720, and 7,255 square feet respectively. This criterion has been satisfied. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement. Parcel #1 has 115 feet of frontage on to SW 135th, parcel #2 has 60 feet of frontage and parcel #3 is shown to have 20 feet of frontage through an access easement across the existing driveway of parcel #1. The applicant will be required to provide documentation that the easement has been recorded later in this section. Therefore, this standard has been satisfied. Setbacks shall be as required by the applicable zoning district. Setbacks for the R-7 zoning district are as follows: front, 15 feet; side, 5 feet; street side, 10 feet, and rear, 15 feet. The existing home on parcel #1 has a 72 ft. front, 5 ft. side, 91 ft. rear yard setback. Setbacks for the future home will be reviewed at time of building permit. Therefore, this standard has been satisfied. When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to max�mize separation from existing structures. Proposed parcel #3 is considered a flag lot. Setbacks for the future home of parcel #3 will be reviewed at time of building permit. Therefore, this standard has been satisfied. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an a6utting lot in accordance with Sections 18.745.040. Screen�ng may,also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. The access drive to proposed parcel #3 is within 10 feet of parcel #1 and #2. The applicant has shown the access drive to be screened. The narrative indicates that the drive will be screened with a minimum four foot high shrub screen along either side of the access. Therefore, this standard is 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. The fire district (NFR) has reviewed the proposal and comments are included at the end of this decision. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. The applicant has proposed parcel #3 to use the existing access for proposed parcel #1 through an access easement. However, the proposed access to parcel #3 crosses over proposed parcel #2. Therefore, the applicant is required to provide documentation that a reciprocal access easement has been recorded with Washington County that establishes joint access between proposed parcel #1, #2 and parcel #3. Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and Circulation. This standard is addressed under 18.705 (Access, Egress and Circulation) later in this decision. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 7 OF 20 Where landfill and/or development is allowed within or adjacent to the one-hundred year floodplain, the city shall rec�uire consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. The partitioned lots are not within nor ad�acent to a one-hundred-year floodplain according to FEMA floodplain maps. The nearest floodplain is approximately 3,400 feet to the north of the subject site. Therefore, this standard does not apply. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition and variance(s)/adjustment(s) will be processed concurrently. No variances or adjustments have been submitted with this application. Therefore, this standard does not apply. FINDING: Based on the analysis above, the Land Partition criteria have not been satisfied. , CONDITION: Provide documentation that a reciprocal access easement has been recorded with Washington County that establishes joint access between proposed parcel #1, #2 and parcel #3. B. Development Code Criteria Residential Zoninq Districts (18.510): The R-7 zonin district has the followin dimensional re uirements: STANDARD R-7 Minimum Lot Size Detached unit 5,000 sq.ft. Du lexes 10,000 s .ft. Average Minimum Lot Width Detached unit lots 50 ft. Du lex lots 50 ft. Maximum Lot Covera e 80% Minimum Setbacks Front yard 15 ft. Side facing street on corner�through lots 10 ft. Side yard 5 ft. Rear yard 15 ft. Side or rear yard abutting more restrictive zoning district 30 ft. Distance between ro e line and front of ara e 20 ft. Maximum Hei ht 35 ft. Minimum Landsca e Re uirement 20°/a [1] Single-family attached residential units permitted at one dwelling per lot with no more that five attached units in one grouping. The proposed lots range in size from 5,720 square feet to 23,795 sq uare feet. All lots meet the minimum lot width requirements, based on the dimensions provided on the plan. The applicant will be required to compl,y with the setbacks, height and lot coverage/landscape requirements during the building permit review process for the homes on individual lots. �411 lots within this partition are for single- family units. This is not a planned development; therefore, the setbacks are as prescribed by the base zone. FINDING: Based on the analysis above, the residential zoning district dimensional standards are satisfied. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 8 OF 20 Access, Egress and Circulation (18.7051: Chapter 18.705 establishes standards and regulations for safe and efficient vehicle access and e�ress on a site and for general circulation within the site. Table 18.705.1 states that the minimum vehicular access and egress for single-family dwelling units on individual lots shall be one, 10-foot paved drivewax within a 15-foot-wide accessway. The minimum access width for 3- 6 dwelling units is 20 feet with 20 feet of pavement. Access and egress to each lot created by the proposed partition would be directly onto SW 135tn Avenue. The Preliminary Plat shows that Proposed Lot three as a flag lot with an access drive that varies from 20 feet to nine feet. The minimum standard for an access drive is 15 feet with 10 feet of pavement. Therefore the applicant must provide and implement a plan showing proposed parcel three's access drive to have no less than 10 feet of pavement. Access plan requirements. No building or other permit shall be issued until scaled plans are presented and 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. Scaled site plans have been submitted that indicate how the requirements of access, egress, and circulation are met. Therefore, this criterion 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 City. Joint access has been proposed for lots #1 and #3 through an access easement. The applicant has indicated that an access agreement for proposed parcels #'f and #3 will be recorded and turned into the City. However, the proposed access crosses parcel #2 as well and has therefore, been included in the access agreement. 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 approved by the City for public use and shall be maintained at the required standards on a continuous basis. All lots will directly access SW 135th Avenue which is a public street. Therefore, this standard has been satisfied. Curb cuts shall be in accordance with Section 18.810.030N. Curb cuts will be addressed under Chapter 18.810 Street and Utility Improvements Standards later in this decision. Re uired walkwa location. On-site pedestrian walkways shall comply with the following s n ar s: Walkways shall extend from the ground floor entrances or from the �round floor landing of stairs, ramQs, or elevators of all commercial, institutional, and industrial uses, to the streets which provide the required access and egress. Walkways shall provide convenient connections between buildin s in multi-building commercial, institutional, and industrial complexes. Unless impractical, wal�ays shall be constructed between new and existing developments and neighboring developments; 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, and common open space and recreation facilities; NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 9 OF 20 Wherever rec�uired walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physicafly separated from motor vehicle traffic and parking by either a min�mum 6-inch vertical separation (curbed) or a minimum 3-foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards; Required walkways shall be paved with hard surfaced materials such as concrete, asphalt, stone, brick, etc. Walkways may be required to be lighted andlor signed as needed for safety purposes: Soft-surfaced public use pathways may be provided only if such pathways are provided in addition to required pathways. This proposal is for a detached single-family development, this standard does not apply. 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 trafFc 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. The lots within this partition will be providing direct access to a public street. Tualatin Valley Fire and Rescue and Tigard Police have been notified of the proposed partition and have not indicated a hazard. The Director has not determined that Planning Commission review is necessary for building permits. With regard to streets and street intersections, these issues are addressed under TDC Chapter 18.810 (Street and Utility Improvement Standards). Therefore, this standard is satisfied. 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 pract�cal alternative way to access the site. The proposed single-family lots will have access to a public street (SW 135th). Therefore, no single- family lot will have direct access to a major collector or arterial. This standard has been satisfied. In no case shall the design of the service drive or drives require or facilitate the backward movement or other maneuverin of a vehicle within a street, other than an alley. Single-family and duplex dwellings are exemp�from this requirement. This criterion does not apply to the proposed single-family dwellings. 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 has indicated that the visual clearance area requirement will be met. The applicant shall confirm that the visual clearance areas can be met after the street improvements have been completed. This confirmation shall be provided prior to issuance of building permits. Section 18.705.030.H.2 states that driveways shall not be permitted to be Qlaced in the influence area of collector or arterial street intersections. Influence area of intersections is that area where queues of traffic commonly form on approach to an intersection. The minimum driveway setback from a collector or arterial street intersection shall be150 feet, measured from the right- of-way line of the intersectin� street to the throat of the proposed drivewa�. The setback may be greater depending upon the influence area, as determined from City Engineer review of a traffic impact re�ort 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. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 10 OF 20 The proposed thnorthern most driveway is approximately 155 feet south of the intersection of Walnut Street and 135 Avenue, thereby meetmg this criterion. 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. 135th Avenue is classified as a Neighborhood Route; therefore this standard does not apply. Minimum access requirements for residential use. Vehicular access and egress for sin�le-family, duplex or attached single-family dwelling units on individual lots and multi-family residential uses shall not be less than as provided in Table 18.705.1 and Table 18.705.2; The applicant has shown parcels #1 and #3 to share the existin driveway, which is 20 feet in width at the front lot line of proposed parcel #1. The driveway then drops�o 9 feet at the front lot line of proposed parcel #3. According to table 18.705.1, individual parcels are to have a fifteen foot access drive with 10 feet of pavement. Therefore, the applicant is required to provide and implement a plan that shows proposed parcel #3 to have at least a 15-foot access drive with 10 feet of pavement. Vehicular access to multi-family structures shall be brought to within 50 feet of the ground floor entrance or the ground floor landing of a stairway, ramp, or elevator leading to the dwelling units; No multi-family structures are proposed with this application. Therefore, this standard does not apply. Private residential access drives shall be provided and maintained in accordance with the provisions of the Uniform fire Code; Access to individual lots will be reviewed for compliance with the Uniform Fire Code at time of building permits. Therefore, this standard has been satisfied. Section 18.705.030.H.4 states that 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 follow�ng a circular, paved surface having a minimum turn radius measured from center point to outside edge of 35 feet or 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. The maximum cross slope of a required turnaround is 5%. There are no access drives other than the existing and proposed driveways. Therefore, this standard does not apply. FINDING: Based on the analysis above, the Access, Egress and Circulation standards have been met. CONDITION: Provide and implement a plan that shows proposed parcel #3 to have at least a 15-foot access drive with 10 feet of pavement. Densitv Computations (18.715): A. Definition of net development area. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross acres, which is all of the land included in the legal descrip}ion of the property to be developed: 1. All sensitive land areas 2. All land dedicated to the public for park purposes; 3. All land dedicated for public rights-of-way. 4. All land proposed for private streets; and 5. A lot of at least the size required by the applicable base zoning district, if an existing dwelling is to remain on the site. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 11 OF 20 B. Calculating maximum number of residential units. To calculate the maximum number of residential units per net acre, divide the number of square feet in the net acres by the minimum number of square feet required for each lot in the applicable zoning district. C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per net acre shall be calculated b multiplying the maximum number of units determined in Subsection B above by 80% (0.8� The standards for density computation provide for the intensity of residential land uses, usually stated as the number of housing units per acre. The total sq uare footage of the subject property is 36,750 square feet. However, to determine the net developable area, 13,010 square feet has been subtracted for the existing house on parcel #1, (home area plus setbacks) 2,000 square feet is subtracted for the access easement across parcel #1 and 350 square feet for right-of-way dedication. This results in a net developable area of 21,390 square feet. As the minimum lot size for the R-7 zone is 5,000 square feet, the maximum number of additional residential units is four (4). The 80% rule translates into a minimum number of residential units, three (3). The applicant is proposing two additional units and has shown a shadow plat for a potential third lot that meets the dimensional standards of the R-7 zone. Therefore, minimum density for the subject prope�ty can be obtained in the future. Therefore, this criterion has been met. FINDING: The proposed 3 lot partition conforms to the minimum and maximum densities prescribed for this site. Landscapinq and Screeninq (18.7451: Street trees: Section 18.745.040 ec ion . 45.040.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 property fronts SW 135th Avenue for a distance of 175 feet. Therefore, street trees are required. The applicant has proposed to use existing trees on-site as street trees. However, in order to use existing trees as street trees, an adjustment is needed. Based on the analysis above, the applicant is required to apply for a Type I adJ�ustment in order to use existing trees as street trees along SW 135th Avenue, using the criteria of 'f8.370.020.C.6.a. of the Tigard Development Code, or submit a revised landscape plan to include street trees from the City's street tree list. FINDING: The requirement for street trees will be met by fulfilling the condition below. CONDITION: Apply for a Type I adjustment in order to use existin trees as street trees along SW 135th Avenue, using the criteria of 18.370.020.C.6.a. o�the Tigard Development Code, or submit a revised landscape plan to include street trees from the City's street tree list. Tree Removal 18.790�: rA� ee pTan or#�e�ting, removal and protection of trees prepared by a certified arborist shall be provided for any lot,,. parcel or combination of lots or parcels for which a development application for a subdivision, partition, site development review, planned development or conditional use is filed. Protection is preferred over removal wherever possible. As required, the applicant submitted a tree plan that was conducted by certified arborist, Tibor Seres. The plan contains four out of the four required components of a tree plan, and, is therefore, acceptable. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 12 OF 20 According to the removal plan and assessment, there are seven trees greater than 12" in diameter on the site. Of the seven trees, two (or 28/o) are proposed for removal. TF�e applicant is retaining 72/o of the trees greater than 12-inches. Therefore, the applicant is required to mitigate 1/2 of the 34-inches removed. This amounts to 17 caliper inches. To mitigate, the applicant must provide and implement a mitigation planting plan for 8.5 two-inch trees. To ensure that the trees are planted and/or the balance of unplanted trees are planted off site or paid as a fee in lieu, a cash deposit, letter of credit, or any other assurance deemed acceptable by the Director for the value of the trees (assessed at $125 per caliper inch) will be required prior to final plat approval. Staff notes that should any additional trees need to be removed based on the arborists assessment of specific site conditions, final mitigation will be recalculated. FINDING: Based on the analysis above, the Tree Removal Standards have not been met. In order to ensure that proper mitigation occurs, and that the protection plan is implemented, the applicant shall satisfy the following conditions: CONDITIONS: . Provide and implement a mitigation plan for 17 caliper inches. . Prior to commencing on-site improvements, the applicant shall submit a final Tree Protection Plan that shows exactly how far the tree protection fencing will be from the face of each protected tree (including those on neighboring properties where construction occurs within the trees' driplines) that will be impacfed by construction activities within its dripline. The applicant, through their Project Arborist, shall�ustify the close proximity of the construction activities to the trees. He shall certify by signing the final tree protection plan to be included with the construction documents that the activities will not adversely impact the overall and long-term health and stability of each tree. Any construction that occurs within the neighboring trees' driplines should be justified b the applicant and approved by the City Forester and neighboring property owner(s�. Work may proceed within the driplines only with the approval of the City Forester. . The Project Arborist shall submit written reports,to the City Forester, at least, once every two weeks, as he monitors the construction activities and progress. These reports should include any changes that occurred to the TPZ as well as the condition and location of the tree protection fencing. If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify that the construction activities to the trees did nof adversely impact the overall and long-term health and stability of the tree(s). If the reports are not submitted or received by the City Forester at the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not bein� followed by the contractor, the City ma stop work on the proJ�ect until an inspection can be done by the City Forester and �he Project Arborist. This inspection will be to evaluate the tree protection fencing, determine if the fencing was moved at any point during construction, determine if any part of the Tree Protection Plan has been violated, and if so what remedial measures shall be imposed prior to resuming work. . Prior to issuance of building permits the Project Arborist shall submit to the City Forester a final report describing how the Tree Protection Plan was implemented and detailing any failures to comply with the Tree Protection Plan. The report shall also describe the health of all remaining trees on the site, with details provided as to any tree that has had its root system disturbed or that has otherwise been damaged. Visual Clearance Areas 1_1 8.795): TFis L ap er.requires.tnat 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 t�at obstructions that may be located in this area s��all be visually clear between three (3) and ei ht �8) feet in height. Trees may be placed within this area provided that all branches below eight�8) eet are removed. A visuaf clearance area is the trianqular area formed b measuring from t e corner, 30-feet along the right of way and along the driveway and connec�ing these fwo points with a straight line. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 13 OF 20 The applicant's site plan shows the vision clearance triangles for the proposed lots. Vision clearance will be assured through the building permit process. Therefore, this standard has been satisfied. FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards have been met. PUBLIC FACILITY CONCERNS C. Street And Utilitv 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 Neighborhood Route to have a 54 right-of-way width and 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 135t" Avenue, which is classified as a Neighborhood Route on the City of Tigard Transportation Plan Map. At present, there is approximately 25 feet of ROW from centerline, accordin to the most recent tax assessor's map. The applicant should dedicate the additional ROW required�o provide 27 feet from centerline. SW 135th Avenue is currently partially improved. In order to mitigate the impact from this development, the applicant should remove the driveway that is located between the proposed shared driveway and the proposed driveway for Parcel 2. New curb and sidewalk shall be constructed in place of the removed driveway. The applicant shall construct the new driveway to serve Parcel 2 if not completed by Washington County prior to issuance of building permits. Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on arterials, 12% on collector streets, or 12% on any other street (except that local or residential access streets may have segments with grades u� to 15% for distances of no greater than 250 feet). Centerline radii of curves shall be as determined by the City Engineer. The Washington C�unty proposed road improvements for Walnut Street include work on 135th Avenue. The grades on 135 Avenue are 12 — 15°l0, but not for distances exceeding 250 feet, thereby meeting the criterion. 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 18.810.040.6.1 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. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 14 OF 20 No blocks will be formed with the proposed partition. Therefore, this standard has been satisfied. Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements or right-of-ways shall be provided when full street connection is not possible. Spacing between connections shall be no more than 330 feet, except where precluded by environmental or topographical constraints, existing development patterns, or strict adherence to other standards in the code. No blocks are formed by the proposed partition. 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 largest of the parcels, parcel #1 has a lot width of 110 feet and a depth of 210 feet. Therefore, none of the proposed parcels have a depth that is greater than 2.5 times the average 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. Proposed parcel #1 will have 110 feet of f�-ontage, parcel #2 will have 60 feet of frontage and parcel #3 will have 15 feet of frontage on to SW 135" Avenue through an easement. Therefore, this standard has been satisfied. 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. There is an existing sidewalk along the 135�h Avenue frontage. The sidewalk is located at the curb. The Washington County pro�ect is expected to replace a portion of the sidewalk and construct the proposed driveway apron for Parcel 2. The applicant shall remove the drivewaX located between the proposed shared driveway and the proposed driveway for Parcel 2 and replace it with curb and sidewalk. If the County proJ ect does not complete the frontage improvements the applicant shall complete them prior to issuance of building permits. 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 p_rovisions 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 amendmentsj and the adopted policies of the comprehensive plan. Over-sizin�: Section 18.810.090.0 states that proposed sewer systems shall include consideration of additional development within the area as projected by the Comprehensive Plan. There is an existing sewer line in 135th Avenue. The existing home is served by a lateral from the main line. The applicant proposes to provide two additional laterals to serve the new lots. Storm Drainage: General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and flood water runoff. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 15 OF 20 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 oufside the development. The City Engineer shall approve the necessary size of the facility, based on the provisions of Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). There are no upstream drainage ways that impact this development. Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer that the additional runoff resulting from the development will overload an existing draina�e facility, the Director and Engineer shall withhold approval of the development until provisions have been made for improvement of the potential condition or until provisions have been made for storage of additional runoff caused by the development in accordance with the Design and Construction Standards for Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and including any future revisions or amendments). In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno Creek Watershed Managemen� Plan. Section V of that plan includes a recommendation that local governments institute a stormwater detention/effective impervious area reduction program resulting in no net increase in storm peak flows up to the 25-year event. The City will require that all new developments resulting in an increase of impervious surfaces provide onsite detention facilities, unless the development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the storm water runoff will be permitted to discharge without detention. Developments of this small size, especially residential land partitions, are not required.to rovide on-site detentions. The applicant will be required to pay the water quantity SDC upon application �or the building permit for the two new parcels. 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. 135th Avenue, south of Walnut Street, is not a designated bicycle facility. Utilities: Section 18.810.120 states that all utility lines, but not limited to those required for electric communication, lighting and cable television services and related facilities shall be placed underground, except for surface mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above round temporary utility service facilities during construction, high capacity electric lines opera�ing at�50,000 volts or above, and: • The developer shall make all necessary arrangements with the serving utility to provide the underground services• • The City reserves the righ�to a prove location of all surface mounted facilities; • All underground utilities, includng sanitary sewers and storm drains installed in streets b the developer, shall be constructed prior to the surfacin of the streets; and • S�ubs for service connections shall be long enough �o avoid disturbing the street improvements when service connections are made. Exception to_Under-Grounding Requirement: Section 18.810.120.0 states that a develop er shall pay a fee in-lieu of under-grounding costs when the development is proposed to take pface on a street where existing utilities whicli are not under round will serve the development and the ap roval authority determines that the cost and �echnical difficulty of under-g rounding the u�iPties outweighs the benefit of under-grounding in conjunction with the deveTopment. The determination shall be on a case-by-case basis. The most common, but not the only� such situation is a short frontage develo ment for which under-grounding would result in the placement of additional poles, rather �han 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. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 16 OF 20 There are existing overhead utility lines along the frontage of SW 135`h Avenue. If the fee in-lieu is proposed, it is equal to $35.00 per lineal foot of street frontage that contains the overhead lines. The frontage along this site is 175 lineal feet; therefore the fee woufd be $6,125.00. ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT Public Water S stem: e i y o igar provides service in this area. The applicant's plans indicate that two water meters will be installed to serve the new parcels. Storm Water Quali : e i as agree to enforce Surface Water Management (SWM) regulations established by Clean ater 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 Clean Water Services 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 facili to accommodate treatment of the storm water from the proposed development. Rather, the �WS standards provide that applicants should pay a fee-in-lieu of constructing a facility, if deemed appropriate. The applicant shall pay the fee-in-lieu for this application. Gradin and Erosion Control: esign an ons ruc ion Standards also regulate erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity whicFi accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System (NPDES) erosion control permit be issued for any development that will disturb one or more acre of land. Since this site is over five acres, the developer will be required to obtain an NPDES permit from the City prior to construction. This permit will be issued along with the site and/or building permit. Address Assi nments: e i o igar 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 $50.00 per address shall be assessed. This fee shall be paid to the City prior to final plat approval. Surve Re uirements e app ican s ina p at shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a tie to the City's global .positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the same line and shall be of the same precision as required for the partition plat boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground measurements to grid measurements and the angle from north to grid north. These coordinates can be established by: ♦ GPS tie networked to the City's GPS survey. ♦ By random traverse using conventional surveying methods. In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure (manholes, catch basms, water valves, hydrants and other water system features) in the development, and their respective X and Y State Plane Coordinates, referenced to NAD 83 (91). NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 17 OF 20 D. Im act Stud 18.390 ec ion s es, "The Director shall make a finding with respect to each of the following criteria when approving, approving with conditions or denying an application:" Section 18.390.040 states that the a�Qlicant shall provide an impact study to quantify the effect of development on public facilities and services. For each public facility system and type of impact, the study shall propose improvements necessary to meet Cit� standard, and to minimize the impact of the development on the public at large, public facilities systems, and affected private properiy users. In situations where the Community Development Code requires the dedication of real property interests, the applicant shall either specifically concur with a requirement for �ublic right-of-way dedication, or provide evidence that supporfs that the real property dedication is not roughly proportional to the projected impacts of the development. Section 1$.390.040 states that when a condition of ap�roval requires the transfer to the public of an interest in real properly, the approval authority shall adopt findings which support the conclusion that the interest in real property to be transferred is roughly proportional to the impact the proposed development will have on the public. 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. Basecf 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 a detached, single-family dwelling is $2,690. Upon completion of this development, the future builders of the residences will be required to pay TIF's totaling approximately $5,380($2,690 x 2 dwelling units). Based on the estimate that total TIF fees cover 32 percent of the impact on mal or street improvements citywide, a fee that would cover 100 percent of this projects traffic impact is $16,812($5,380 divided by .32). The difference between the TIF paid and the full impact, is considered as unmitigated impact. Since the TIF paid is $5,380, the unmitigated impact can be valued at $11,432($16,812 - �5,380). Given that the estimated cost of the dedication and constructing sidewalk and gutter on SW 135 Avenue is $1,550, the value of these improvements is less than the value of the unmitigated impacts, the exactions are proportionate. SECTION VI. OTHER STAFF COMMENTS City of Tigard Public Works has reviewed the proposal and has no objection to it. City of Tigard Urban Forester has reviewed the proposal and has no objection to it. City of Tigard Police Department has reviewed the proposal and has no objection to it. SECTION VII. AGENCY COMMENTS Tualatin Valley Fire and Rescue has reviewed the proposal and has offered the following comments: FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access roa s s a e wi in eet o a portions o e extenor wa o e irs s ory o e uilding 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. DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be provi e wi an approved turnaround. No turn around will be required. NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 18 OF 20 FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION: en ui ings are comp e e y pro ec e wi an approve au oma ic ire sprin er sys em, e requirements for fire apparatus access may be modified as approved by the fire code official. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus access roa s s a ave an uno s ruc e wi o no ess an ee ee or up to two dwelling units and accessory buildings), and an unobstructed vertical clearance of not less than 13 feet 6 inches. Where fire apparatus roadways are less than 26 feet wide, "NO PARKING" signs shall be installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus roadways are more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways are 32 feet wide or more, parking is not restricted. The access to House #3 will be required to be a minimum of 12 feet wide. SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather su ace a is easi y is inguis a e rom the surrounding area and is capable of supporting not less than 12,500 pounds point load (wheel load) and 75,000 pounds live Ioad (gross vehicle weight). You may need to provide documenfation from a registered engineer that the design will be capable of supporting such loading. TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 28 ee an ee respectively, measured from the same center point. The access to House #3 will be required to meet these radius requirements. SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for sing e ami y we ings an up exes serve y a municipa water supply 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 I�C Appendix B. FIRE HYDRANTS — ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES: ere a po ion o a s ruc ure is more an ee rom a y ran on a ire appara us access roa , as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and mains shall be provided. FIRE HYDRANT NUMBER AND DISTRIBUTION: The minimum number and distribution of fire y ran s avai a e o a ui ing s a no e ess an that listed in Appendix C, Table C 105.1. Considerations for lacin fire h drants ma be as follows: xis ing y ran s in e area may e use o mee e required number of hydrants as approved. Hydrants that are up to 600 feet away from the nearest point of a subject building that is protected with fire sprinklers may contribute to the required number of hydrants. Hydrants that are separated from the subject building by railroad tracks shall not contribute to the required number of hydrants unless approved by the fire code official. Hydrants that are separated from the subject building by divided highways or freeways shall not contribute to the required number of hydrants. Heavily traveled collector streets only as approved by the fire code official. Hydrants that are accessible only by a bridge shall be acceptable to contribute to the required number of hydrants only if approved by tF�e fire code official. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more an ee rom an approve ire appara us access roa way. REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of re ec ive mar ers. e mar ers s a e blue. They shall be located adjacent and to the side of the centerline of the access road way that the fire hydrant is located on. In case that there is no center line, then assume a centerline, and place the reflectors accordingly NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 19 OF 20 ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire appara us access roa ways an ire ig ing wa er supp ies s a e ins a e an operational prior to any combustible construction or storage of combustible materials on the site. Please contact me at (503) 612-7010 with any additional questions. Washington County Land Use Department has reviewed the proposal and has no objection to it. Clean Water Services comments have been discussed above under Public Facility Concerns. Beaverton School District #48 has reviewed the pro�osal and has offered comments, which can be found in the land-use file under "Request for Comments'. 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 3, 2005 AND BECOMES EFFECTIVE ON MAY 18, 2005 UNLESS AN APPEAL IS FILED. A���eal: TFie�irector'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 app eal 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 17, 2005. Questions: yTf o�e any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. � , �- � �� C� ��-c e�` `�, �C=�-� ��---- Ma 3 2005 t ew c i g ociate lanner ; , % - � ,�� � � �--- �' Ma 3 2005 . ic ar ewe Planning Man ger i:1cu rpl nVnathewVnlpVnlp2004-00009.decision.doc NOTICE OF DECISION MLP2004-00009/ALEXANDER PARTITION PAGE 20 OF 20 � 'V�jJ, _�-- . . �� � GEOGRAPnIC '�NFORMO'i'�`i �. � �M �� � - nt�N�rir r�ap ti o ' � ST N _ �\J� - �� - _ _____ ___ ��o SW -� � _� N�S__ -J M LP2004-00009_ _ , �No _ �� - - _ - � � __— _ _ - - - - SW � , _ ALEXANDER PARTITION W - � - � - _ - — Z W BOUNEFF ST n - .� —� w — c,a — — � � ��WALNUT LN � -- cn i � FI� 1 U, �� — ri F-'�. - � M ; I -- ROSY �� �/ �"� ;-:?9 sFen — T � �--� � � G aa � �� � � r - q< o� �<. � �V �' � - 1 vj F I - � � - FR�1i °•°> - — — - T ,.� '' � � x�'. ..: = _ I r ST _�-�Ll'� Q ___ � � o _ _ ,� �. ' I 6EEF BE�RD�J4• �u. I,„ __L�Y 31' . . �/l . .— .. _ "__ _ _— _ _ I_— Tgard Area Map I . N 0 100 200 300 400 Feet 1"=312 feel N City of'I'igard — p —in--- Z � _�7 W ��� � Iniomiatian on ihis map is for peneral location only and sAould be verifieA wit�Ne Development Senices Division. 13125 SW Hall Blvd -- � I �I SECCAC r� M.OR 97223 1- - • _ _ __. _ I_�-- I___ I �T1T� - _ �`__. Q� (5031 639-4 7 71 ___ _ __ _ I � ---_---_— — „�- �����_1� . h�,,���t,�roo��, Community Development Plot date: Mar 11,2005;C:lmagicWIAGIC03.APR tp � m � � �' U� ; Y I � �� � � � � o ,.;� � � � � � � . � I ,sG� , � I � O . � , I � i10PMV1i7NIW�C I 7 o O � O w N , � � w M �� I� N � �J�,J J WU � ��� I �� � � � 'AMO�MyOA��OAW , I IIV I p � � � -- � I ,O ildl�Mli�l/Witl � I A,,,.,m I ' I I � � I � W I � wiw O I O � � I I � � I p �$ I � O I NOIl`d91030� � L �"� I a3HS .��-� o O I I ,o�z o I M � I � � I � � � CITY oF T��ARD T MLP2004-00009 cnr or rw�xo sn� Puvr N ALEXANDER PARTITION Ma is not to scale � �f,(L/-�.�OC�(�OD� Marion & Dominique Alexander Joseph & Holly Wildey EXH I B IT.�..._ 12645 SW 135th Avenue 13615 SW Walnut Ln. Tigard, OR 97223 Tigard, OR 97223 Kathleen Glabb Brown and Donald Brown Current Resident 13590 SW Walnut Lane 12700 SW 35 Tigard, OR 97223 Tigard, OR 97223 Bosiljka Sarich Garve & Marilyn Beckham 12860 SW 135th Avenue 12620 SW 135tn Tigard, OR 97223 Tigard, OR 97223 Rod Kvistad Donald Brown and Kathleen Norton-Brown 13535 SW Fern 13590 SW Walnut Ln. Tigard, OR 97223 Tigard, OR 97223 Norman and Judie Jensen Richard and Bette Clem 12660 SW 136th Court 13555 SW Walnut Ln. Tigard, OR 97223 Tigard, OR 97223 Brian B. Alula Randall and Leueen Haviland 13540 SW Walnut Ln. 13625 SW Fern Street Tigard, OR 97223 Tigard, OR 97223 Jan Youngquist, Facilities Planning Manager Travis and Sabrina Hundley Beaverton School District #48 13635 SW Walnut Ln. 16550 SW Merlo Road Tigard, OR 97223 Beaverton, OR 97006 Patricia Lee Roderick and Eunice Kvistad 13585 SW Walnut Ln. 13535 SW Fern Tigard, OR 97223 Tigard, OR 97223 Leslie Sieg Michael and Jean Quinn 13665 SW Fern Street 12615 SW 136t" Ct. Tigard, OR 97223 Tigard, OR 97223 Jim and Leeza Lanson William and Dorothy Sinclair 12660 SW 136th Ct. 12660 SW 135th Avenue Tigard, OR 97223 Tigard, OR 97223 AFFIDAVIT OF MAILING CITYOFTIOARD Community�Devcfopment S(rapirrg��detterCommunity I, �Patricia G. Gu�ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorA�ministrative SpeciaC�rt for the City of Tigar , `Washington County, Oregon and that I served the following: {Check Appropriate Box(s)Below} � NOTICE Of DECISION FOR: MLP2004-00009/ALEl(ANDER PARTITION � AMENDED NOTICE (File No./Name Reference) � City of Tigard Planning Director A copy of the said notice being hereto attached, marked E1lhlblt"A", and by reference made a part hereof, was mailed to each named person(s) at the address(s) shown on the attached list(s), marked EI[hibit"B",and by reference made a part hereof, on May 3.2005,and deposited in the United States Mail on MeY 3,2005, postage prepaid. � � �� .� (Person Pr ed Notice ,57,A2�o�o�GoN ) County of`Wasfiington )ss. City of?igard ) Subscribed and sworn/affirmed before me on the (V� day of , 2005. !�^P OFFICIALSEAI �F�,;;� SUE ROSS � NGTARY PUBLIC-0REGON CQM"��!SSION N0.375152 �,�},';;� ..i,:'��Sli)����1.'IRES DEC.1,2007 _' ---. ._�____ My eommi on�ires: � �- �r -�7 EXH I B IT.,� NOTICE OF TYPE II DECISION MINOR LAND PARTITION (MLP) 2004-00009 CITYOFTIGARD Community 4Uevclopment ALEXANDER PARTITION ShapingABetterCommunity 120 DAYS = 7/8/2005 SECTION I. APPLICATION SUMMARY FILE NAME: ALEXANDER PARTITION CASE NO: Minor Land Partition (MLP) MLP2004-00009 PROPOSAL: The applicant is requestin approval to create a three-lot partition on a parcel of land containing approxima�el 36,770 square feet. This partition will create Parcel #1 with approximately 23,79� square feet, Parcel #2 with 5,720 square feet and 7,255 square feet for parcel #3. APPLICANT: Marion and Dominique Alexander OWNER: Same 12645 SW 135th Avenue Tigard, OR 97223 ZONING DESIGNATION: R-7: Medium-Density Residential District. The R-7 zoning district is designed.to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. LOCATION: 12645 SW 135th Avenue; WCTM 2S104BD, Tax Lot 01000. ZONE: R-7: Medium-Density Residential District. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. 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. 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: oT�tice 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 3, 2005 AND BECOMES EFFECTIVE ON MAY 18, 2005 UNLESS AN APPEAL IS FILED. A��eal: The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are otherwise 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 Fiall Boulevard, Tigard, Oregon 97223. Unless the applicant is the appellant,.the hearing on an appeal from the Director's Decision shall be confined to the specific issues identified in the written comments submitted by the parties during the comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that may be adopted from time to time by the appellate body. THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON MAY 17, 2005. Questions: oF r u�r information please contact the Planning Division Staff Planner, Mathew Scheide er at (503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon . �i . _,��� . . _ - . . . . s . .. .... . .,.. . . � _ _'�"� , �� : rIQ111TY!NP �� � )° - � i � � T i -! _________ �"� ' ' �' � �—,�,�� �—%� MLP2004-00009 , �., ✓�� �� �!,�9Ea1SH� �r-���o'S-��NiSH_S7 . _________ r�� � ' �� i,, � --�-� L�___ ALEXANDER PARTITION I ;�, �--�—!�;��! � I �-��N(@Q�INEFFST_�__. � I w�---i I � �_ � iA!- � _� - � __ ,�—S�➢Y,�.NIlT LN__ __ � � � ;, ��y' �—� ' . / i � I� ��s� .�{TE j �` � ,i� ~_'��'��_ � _ % `''�cN . � � �i ��, ;� ,; ; � ,� _ , � � i ��� -t3 - ��?��� � � ��I i' }# � I �,� q.�_w.. � ��- � I I i ' ' � N � � » � i i I I ku_`-' � I � I ��—�__ cin o[1 igard 1 �` _ I r m�u-. , L,"_�L 'ww°'f�'�s.�. a I wurw�.p+w+�r -!---`_--_ - _ . — y✓ 11. . - �I �� � � ' � � o ..,> 0 0 � I � � . � � , � o a � o ...�.°w..° '� � ' � � ��� � ��� � � F� �M l � ���� � .�hy I lL I O �-�, R � � � �" \_��1 � � � I I o �� II i o � �S �I aaHa o o i k J� � I A� o I M � �I � - ��_ (�TY OF T16ARD 1 MLP2004-00009 � ��PuN N ALEXAHDER PARTITION � M�b na to uale) _ . .� .. � ` EXHIB 2S7046A-12000 2S104AC-02900 r T� ABDELJAWAD ZAKI & BAUMGARTEN ROGER L 8 LAUREL A SAIDAM AZIZA 12496 SW 134TH AVE 13518 SW MARCIA DR TIGARD,OR 97223 TIGARD, OR 97223 2S104BA-12900 2S1048A-13000 ABUDAKAR ISSA& BECK JASON S&MICHELLE M SMAINI MALIKA 13758 SW MARCIA DR 13732 SW MARCIA DR TIGARD,OR 97223 TIGARD, OR 97223 2S104AG05700 2S104AC-12600 ADAMS MARK J AND DONNA M BECKHAM GARVE A&MARILYN 12634 SW 133RD 12620 SW 135TH TIGARD, OR 97223 TIGARO,OR 97223 2S1046D-01000 2S1046D-02100 ALEXANDER MARION TR BENETTI MARCO A&SALLY A ALEXANDER DOMINIQUE TR 13650 SW FERN ST 12645 SW 135TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104BD-05200 2S104BA-12400 ALLEY BARRY A BERGEY BRUCE 13788 SW WALNUT LN 7700 SW RIVER RD TIGARD,OR 97223 HILLSBORO,OR 97123 2S104BD-00900 104BA-1220 ALULA BERHANU B BE Y UCE 13540 SW WA�NUT LN 7700 IVER RD TIGARD,OR 97223 SBORO, R 97123 2S1048D-04800 2S104AC-05800 ATWOOD JEFFREY P&B J BROOKS DOUGLAS D&KIMBERLY N 13728 SW ROSY CT 12612 SW 133RD ST TIGARD, OR 97223 TIGARD,OR 97223 2S104AC-11500 2S1048D-00800 BACUS MICHAEL P&SUBEENA BROWN DONALD B& 12860 SW 134TH NORTON-BROWN KATHLEEN A TIGARD,OR 97223 13590 SW WALNUT LN TIGARD,OR 97223 2S104AC-03400 2S104AC-03500 BARTLETT KEVI A/STACI J BULLARD BRIAN L&MICHELLE 12543 SW 134TH AVE 12567 SW 134TH AVE TIGARD, OR 97223 TIGARD,OR 97223 2S104AC-12900 2S104BA-11800 BATTALIA JACK E 8�CORA C CASE MARK&PATRICIA R 12700 SW 135TH AVE 13515 SW LIDEN TIGARD,OR 97223 TIGARD,OR 97223 2S104AC-04100 2S104AC-02600 CHANG VICTOR CUSTODIAN DEZFULLI EBRAHIM K AND SHAHIN D 3181 WEMBLEY PARK RD 12587 SW 133RD AVE LAKE OSWEGO, OR 97034 TIGARD,OR 97223 2S1046D-02300 2S104AC-02400 CLARKE JOHN A 8 NANCY J FARQUHAR BRIAN 8 ERIN 54966 MALLARD DR 12916 SW WILMINGTON LN BEND,OR 977D7 PORTLAND,OR 97224 104BD-0210 2S104AC-03000 C E N A 8 NANCY J FEEBECK DARRELL L 8 549 LLARD DR TERESA ND,OR 7707 12474 SW 134TH AVE TIGARD,OR 97224 2S1046D-09800 2S104AC-03700 CLEM RICHARD R&BETTE J FOOTE CORI 13555 SW WALNUT LN 12601 SW 134TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104BD-02000 2S7046A-12100 COLBY ROBERT W 8 GENTILE RAYMONT C III COLBY SUSAN Y 13544 SW MARCIA DR 13720 SW FERN ST TIGARO,OR 97223 TIGARD,OR 97223 2S104AC-11300 2S104BD-04400 DEBOLT JASMINE 8 NEIL GOLOVIN DMITRIY& 12820 SW 134TH AVE GOLOVINA VALENTINA TIGARD,OR 97223 12774 SW 138TH AVE TIGARD,OR 97223 104AC-125 2S104AC-11700 D R P TE OWNERS OF HAMBURGER BARBARA J LOT - 12880 SW 134TH AVE , TIGARD,OR 97224 104AC-124 2S104AC-03200 DE TE OWNERS OF HARP JOHN 8 DEBORAH LOT - 12487 NW 134TH AVE TIGARD,OR 97223 S104AC-123 2S1046D-01300 D R P TE OWNERS OF HAVILAND RANDALL S TR& LOT -13 HAVILAND LEUEEN M 13625 SW FERN ST TIGARD,�R 97223 2S104AC-11000 2S104BA-12600 DELEON TARA HO WILLIAM& 12720 SW 134TH AVE HO REBECCA HUONG TIGARD,OR 97223 13674 SW MARCIA DR TIGAR�,OR 97223 2S104BD-04600 2S104AC-03300 HOLLENBECK RYAN L& KOSHIKAWA TAKASHI/KIMI LEIGH ANNE BY PERFORMANCE PROPERTIES 13774 SW ROSY CT ATTN: MOLLY TIGARD, OR 97224 PO BOX 1496 LAKE OSWEGO,OR 97035 2S1D46D-09500 2S1048D-O5600 HUNDLEY TRAVIS S&SABRINA C KUSCHKE FRIEDHELM 0 H& 13635 SW WALNUT LN KUSCHKE WALTRAUD TIGARD,OR 97223 13791 SW WALNUT LN TIGARD,OR 97223 251046D-02600 2S104BD-01100 JAGOSH JOHN M& LISA A KVISTAD RODERICK 12905 SW 135TH AVE EUNICE TIGARD,OR 97223 13535 SW FERN TIGARD,OR 97223 251048D-02400 2S1048D-01900 JAQUESS MARK&JEWEL LAMB CHARLES B AND ZADA M 13530 SW FERN ST 13770 SW FERN STREET TIGARD,OR 97223 TIGARD,OR 97223 2S104BD-00700 2S104B0-O5500 JENSEN NORMAN S&JUDIE� LAMBERT MARK A&JENNIFER A 13455 NE SCHUYLER ST 13759 SW WALNUT LN PORTLAND,OR 97230 TIGARD,OR 97223 2S1048D-00100 2S104BD-01200 JOHANSSON MARTIN L JOAN LAMORA SHIRLEY A TR AND 13535 SW WALNUT LN WILES NICOLETTE YVONNE TIGARD,OR 97223 13585 SW FERN ST TIGARD,OR 97223 2S104AC-11900 2S104AC-10900 KATZ ERIC 8 JEANNE LEARY KATHLEEN JOAN 8 12890 SW 134TH AVE MULLEN MARY JEAN 8 TIGARD,OR 97223 ZECHMANN BARBARA 10020 SW JOHNSON TIGARD,OR 97223 2S104AC-13000 2S104AC-03800 KHALEGHI GHASSEM AND LEE DOUGLAS UCAPRICE MARIE NADJARAN NAHIDEH 12623 SW 134TH AVE 12780 SW 135TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104BA-15100 2S104B�-09700 KHEIRABADI MASOUD LEE GLORIA 13510 SW LIDEN DR 13585 SW WALNUT LN TIGARD, OR 97223 TIGARD,OR 97223 2S104AC-11100 2S1046A-15000 KORDMAHALEH FARDAD T LEE THANH& 12740 SW 134TH AVE HUANG LIU TIGARD, OR 97223 13609 SW NORTHVIEW DR TIGARD,OR 97223 ' � � ' � � • 2S104AC-11400 2S104AC-02800 LEW TED M NGUYEN NGUYET T& 12800 SW 134TH AVE DANG DAT D TIGARD, OR 97223 12538 SW 134TH AVE PORTLAND,OR 97223 2S104AC-02500 2S1D4AC-02300 MALEKI ALI M&AZAM O'CONNER PAMELA A 12545 SW 133RD AVE 12485 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 251048A-12700 2S104AC-04000 MALONEY ERIK M 8 TRICIA L OLDHAM GEORGE D 13690 SW MARCIA DR 12669 SW 133RD AVE PORTLAND,OR 97223 TIGARD,OR 97223 2S104B�-05400 2S104BD-00401 MARVIN RANDALL A& PEINKOFER SUSAN P KERSTIENS-MARVIN HELEN A 13735 SW WALNUT LN 13724 SW WALNUT LN TIGARD,OR 97223 TIGARD,OR 97223 2S104AC-03600 2S1046A-12800 MAYCUMBER JACK CARY/KAY L PERRY THUY 8 13450 SW 22ND PERRY CHRISTOPHER BEAVERTON,OR 97005 13710 SW MARCIA DR TIGARD,OR 97223 2S1046D-04900 2S104BD-00500 MCCUEN DALE R 8 VALENTINA M QUINN MICHAEL P 8 JEAN L 13745 SW ROSY CT 12615 SW 136TH CT TIGARD, OR 97223 TIGARD,OR 97223 2S104AC-12700 2S1046D-04200 MCGINLEY CHERYL M RIZK MARK G&BARBARA J 12640 SW 135TH AVE 13725 SW FERN ST TIGARD,OR 97223 TIGARD,OR 97223 2S1046A-73700 2S104BD-01400 MERCER MICHAEL R 8�LISA A ROMAN CATHOLIC ARCHBISHOP OF 13614 SW NORTHVIEW DR PORTLAND IN OREGON TIGARD, OR 97223 2838 E BURNSIDE PORTLAND,OR 97214 2S1046D-02200 251048D-04300 NATHMAN CHRISTINE P 8 ROSENBLOOM ROBERT H&SUE D TRS PARISI BERARDINO 13749 SW FERN ST 13640 SW FERN ST TIGARD,OR 97223 PORTLAND,OR 97223 2S104AC-03100 2S704AC-13300 NEET BRIANA M& ROUSE ALLEN V&MARTHA H HINESLY PAULINE M 12890 SW 135TH AVE 12445 SW 134TH AVE TIGARD,OR 97223 TIGARD,OR 97223 , • , , 2S104AC-13100 2S1046D-0470D SADLER JAMES&PAULA TAYLOR JONATHAN W 12810 SW 135TH AVE 13752 SW ROSY CT TIGARD, OR 97223 TIGARD,OR 97223 2S104AC-11800 2S104AC-11200 SALMONESE JOSEPH F 8�DARLENE E THOMAS KUNLE 8 EVA 13353 SW DOE LN 12760 SW 134TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104BD-05100 1046A-164 SALVATION ARMY THE TI RD OF ATTN: PROPERTY DEPT 1312 HALL 180 E OCEAN BLVD TI RD, 97223 LONG BEACH, CA 90802 2S104AC-13200 251048D-O5000 SARICH BOSILJKRA TOFTE DANI 8 ERIC 1286D SW 135TH AVE 13763 SW ROSY CT TIGARD,OR 97223 TIGARD,OR 97223 2S104AC-11600 2S104A6-13500 SCOTT SHAWN P 8 VAUGHN PHILIP JAMES SCOTT VICKI L 12403 SW 134TH AVE 12840 SW 134TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104BA-11900 2S1046D-02500 SILVER TIMOTHY 8 CHAN FU VIESTENZ KERRY D&JANICE L 13503 5W LIDEN DR 13570 SW FERN ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC-12800 2S104BD-05300 SINCLAIR WILLIAM D 8 WEST JEFFREY T 8 KAREN R DOROTHY U 13756 SW WALNUT LN 12660 SW 135TH AVE TIGARD,OR 97224 TIGARD,OR 97223 2S1048A-12500 2S1046D-00600 STANESCU EMANIOL&FLORENTINA WHITAKER EVAN E AND 13656 SW MARCIA DR BETTY M TIGARD,OR 97223 12665 SW 136TH CT TIGARD,OR 97223 2S104AC-03900 2S1048A-12300 STEFFEN MICHAEL J WILCOX JASON 12647 SW 133RD AVE 13588 SW MARCIA DR TIGARD,OR 97223 TIGARD,OR 97223 2S1048D-04500 2S104AC-02700 TAI JED&ARONA WILDE ERIN DANIELLE 13790 SW ROSY CT 12550 SW 134TH TIGARD,OR 97223 TIGARD,OR 97223 . •� � • . 251046D-09600 WILDEY JOSEPH A&HOLLY ANN 13615 SW WALNUT LN TIGARD, OR 97223 2S104AC-12200 WOLFE GREGORY A 13400 SW DOE LN TIGARD, OR 97223 2S104AC-05900 ZENTHOEFER DAVID C 8�CARRIE L 12590 SW 133RD AVE TIGARD,OR 97223 • 1 1I• ` ` � � Charlie and Larie Stalzer 14781 SW Juliet Terrace Tigard, OR 97224 Craig Smelter PO Box 1467 Tualatin, OR 97062 Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133�Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136� Place Tigard, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street - Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lofa Lane Tigard, OR 97223 CPO 46 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES (pg. I of I) (i:lcurpinlsetup\IabeIslCIT West.doc) UPDATED: 21-Sep-04 AFFIDAVIT OF MAILING CITYOFiIOARD Cnmmunity�Ueve(oprnent S�iapingA BetterCommunity I, �Patricia G. Lu ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCrst for the �'ity of7`rgar �GUasftington County, Oregon and that I served the following: {Check Appropnate Box(s)Below} 0 NOTICE OF PENDING LAND USE APPLICATIOM FOR: MLP2004-00009/ALEXANDER PARTITION ❑ AMENDED NOTICE (File No.lName 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 Exhlbit"B",and by reference made a part hereof, on Merch 11,2005, and deposited in the United States Mail on March 11,2005, postage prepaid. i � i ; - _ � (Person that ep otice) _� ,S`�12E O�F O�GON ) County of�tNasj:ngton )ss. City of?rgard ) ,�,j,� Subscribed and sworn/affirmed before me on the U day of , 2005. c,, ��:•,_.�.��� 'i '.. =i�"� � S4�E ROSS I � \�v��.' NOTARY PUBLIC-OREGON � " COMhiISSION N0.375152 R�'[1'COM�V ISSIO'���X?;'�;=5 nEC.i,2C�i �I My com " ion Expires: o� ��� � EXHIBIT.�,. NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER: THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER. NOTICE OF PENDING LAND USE APPLICATION CITY OP TIGARD MINOR LAND PARTITION Shap���r etter(('ommunity DATE OF NOTICE: March 11, 2005 Fi�E NunnBER: MINOR LAND PARTITION (MLP) 2004-00009 FILE NAME: ALEXANDER PARTITION PROPOSAL: The applicant is requesting approval to perform a three-lot partition on a parcel of land containing approximately 36,770 square feet. This partition will create Parcel #1 with approximately 23,795 square feet, Parcel #2 with 5,720 square feet, and Parcel #3 with 7,255 square feet. An existing single-family dwelling exists on the subject property and is proposed to remain on Parcel #1 ZONE: R-7 Medium Density Residential. The R-7 zoning district is designed to accommodate attached single- family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. LOCATION: 12645 SW 135'h Avenue; WCTM 2S104D6, Tax Lot 1000. 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 MARCH 25, 2005. All comments should be directed to Mathew Scheideqqer, Associate Planner in the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the City of Tigard by telephone at 503-639-4171 or by email to Matts(c�ci.tiqard.or.us. ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS. THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE IS TENTATIVELY SCHEDULED FOR APRIL 21, 2005. 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: . I . Address the specific "Applicable Review Criteria" described in the section above or any other criteria believed to be applicable to this proposal; I . Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to provide a response; . Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant approval criteria with sufficient specificity on that issue. Failure of any party to address the relevant approval criteria with sufficient specificity may preclude subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings directed at the relevant approval criteria are what constitute relevant evidence. AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN 500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION. SUMMARY OF THE DECISION-MAKING PROCESS: . The application is accepted by the City . Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written comment period. . The application is reviewed by City Staff and affected agencies. . City Staff issues a written decision. . Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all owners of record of property located within 500 feet of the site, as shown on the most recent property tax assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any governmental agency which is entitled to notice under an intergovernmental agreement entered into with the City which includes provision for such notice or anyone who is otherwise entitled to such notice. INFORMATION/EVIDENCE AVAILABLE FOR REVIEW: The application, written comments and supporting documents relied upon by the Director to make this decision are contained within the record and are available for public review at the City of Tigard Community Development Department. If you want to inspect the file, please call and make an appointment with either the project planner or the planning technicians. 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." . — ����-tL, r � -�_� _� � , - s .,,.........,....,,,....,. � r1a1�TY l�Mr T —________ - ��''� � _ � MLP2004-00009 - � ALEXANDER PARTITION Z � L G � nosv � � r ��l 'i .. ST "S n.,..... N ��M � cm a� ..,� $4�L1110��-N�u ..l �' r°"�^�" r � � � � EXHIBIT� 2S1046A-12000 2S104AC-02900 ABDELJAWAD ZAKI& BAUMGARTEN ROGER L 8 LAUREL A SAIDAM AZIZA 12496 SW 134TH AVE 13518 SW MARCIA DR TIGARD,OR 97223 TIGARD,OR 97223 2S1046A-72900 2S1048A-13000 ABUDAKAR ISSA& BECK JASON S 8 MICHE�LE M SMAINI MALIKA 13758 SW MARCIA DR 13732 SW MARCIA DR TIGARD,OR 97223 TIGARD,OR 97223 ^ 251D4AC-a5700 2S104AC-12600 ADAMS MARK J AND DONNA M BECKHAM GARVE A&MARILYN 12634 SW 133RD 12620 SW 135TH TIGARD,OR 97223 TIGARD,OR 97223 2S1046D-01000 2S104BD-02100 ALEXANDER MARION TR BENETTI MARCO A 8�SALLY A ALEXANDER DOMINIQUE TR 13650 SW FERN ST 12645 SW 135TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104BD-05200 251046A-12400 AL�EY BARRY A BERGEY BRUCE 13788 SW WALNUT LN 7700 SW RIVER RD TIGARD,OR 97223 HILLSBORO,OR 97123 2S1D480-00900 1046A-7220 ALULA BERHANU B BE Y UCE 13540 SW WALNUT LN 7700 IVER RD TIGARD,OR 97223 SBORO, R 97123 2S1046D-04800 2S104AC-05800 ATWOOD JEFFREY P 8 B J BROOKS DOUGLAS D&KIMBERLY N 13728 SW ROSY CT 12612 SW 133RD ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC-11500 2S1048D-00800 BACUS MICHAEL P&SUBEENA BROWN DONALD B& 12860 SW 134TH NORTON-BROWN KATHLEEN A TIGARD,OR 97223 13590 SW WALNUT LN TIGARD,OR 97223 2S104AC-0340a 2S104AC-03500 BARTLETT KEVI A/STACI J BULLARD BRIAN L&MICHELLE 12543 SW 134TH AVE 12567 SW 134TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC-12900 2S1046,4-71800 BATTALIA JACK E&CORA C CASE MARK&PATRICIA R 12700 SW 135TH AVE 13515 SW LIDEN TIGARD,OR 97223 TIGARD,OR 97223 2S704AC-04100 2S104AC-02600 CHANG VICTOR CUSTODIAN DEZFULLI EBRAHIM K AND SHAHIN D 3181 WEMBLEY PARK RD 12587 SW 133RD AVE LAKE OSWEGO, OR 97034 TIGARD,OR 97223 251046D-02300 2S104AC-D2400 CLARKE JOHN A 8 NANCY J FARQUHAR BRIAN&ERIN 54966 MALLARD DR 12916 SW WILMINGTON LN BEND,OR 97707 PORTLAND,OR 97224 104BD-0210 2S104AC-03000 C E N A&NANCY J FEEBECK DARRELL L& 549 LLARD DR TERESA ND,OR 707 12474 SW 134TH AVE TIGARD,OR 97224 2S10460-09800 2S104AC-03700 CLEM RICHARD R&BETTE J FOOTE CORI 13555 5W WALNUT LN 12601 SW 134TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104BD-02000 2S1048A-12100 COLBY ROBERT W 8� GENTILE RAYMONT C III COLBY SUSAN Y 13544 SW MARCIA DR 13720 SW FERN ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC-113D0 2S104BD-04400 DEBOLT JASMINE&NEIL GOLOVIN DMITRIY 8 12820 SW 134TH AVE GOLOVINA VALENTINA TIGARD,OR 97223 12774 SW 138TH AVE TIGARD,OR 97223 104AC-725 2S104AC-11700 D R P TE OWNERS OF HAMBURGER BARBARA J LOT - 12880 SW 134TH AVE , TIGARD,OR 97224 104AC-7 24 2 S 104AC-03200 DE TE OWNERS OF HARP JOHN&DEBORAH LOT - 12487 NW 134TH AVE TIGARD,OR 97223 S104AC-123 2S704BD-01300 D R P TE OWNERS OF HAVILAND RANDALL S TR 8 LOT -13 HAVILAND LEUEEN M 13625 SW FERN ST TIGARD,OR 97223 2S104AC-11000 2S1048A-12600 DELEON TARA HO WILLIAM& 12720 SW 134TH AVE HO REBECCA HUONG TIGARD,OR 97223 13674 SW MARCIA DR TIGARD,OR 97223 251046D-04600 2S104AC-03300 HOLLENBECK RYAN L 8 K05HIKAWA TAKASHI/KIMI LEIGH ANNE BY PERFORMANCE PROPERTIES 13774 SW ROSY CT ATTN: MOLLY TIGARD, OR 97224 PO BOX 1496 LAKE OSWEGO,OR 97035 2S104BD-09500 2S1048D-O5600 HUNDLEY TRAVIS S&SABRINA C KUSCHKE FRIEDHELM O H& 13635 SW WALNUT LN KUSCHKE WALTRAUD TIGARD,OR 97223 13791 SW WALNUT LN TIGARD,OR 97223 2S104BD-02600 2S1048D-01100 JAGOSH JOHN M&LISA A KVISTAD RODERICK 12905 SW 135TH AVE EUNICE TIGARD,OR 97223 13535 SW FERN TIGARD,OR 97223 2S104BD-02400 2S1048D-01900 JAQUESS MARK 8 JEWEL LAMB CHARLES B AND ZADA M 13530 5W FERN ST 13770 SW FERN STREET TIGARD,OR 97223 TIGARD,OR 97223 2S104BD-00700 2S104BD-05500 JENSEN NORMAN S 8 JUDIE L LAMBERT MARK A 8 JENNIFER A 13455 NE SCHUYLER ST 13759 SW WALNUT LN PORTLAND,OR 97230 TIGARD,OR 97223 2S104BD-00100 2S104BD-01200 JOHANSSON MARTIN L JOAN LAMORA SHIRLEY A TR AND 13535 SW WALNUT LN WILES NICOLETTE YVONNE TIGARD,OR 97223 13585 SW FERN ST TIGARD,OR 97223 2S104AC-11900 2S104AC-10900 KATZ ERIC 8 JEANNE LEARY KATHLEEN JOAN& 12890 SW 134TH AVE MULLEN MARY JEAN& TIGARD,OR 97223 ZECHMANN BARBARA 10020 SW JOHNSON TIGARD,OR 97223 2S104AC-13000 2S104AC-03800 KHALEGHI GHASSEM AND LEE DOUGLAS UCAPRICE MARIE NADJARAN NAHIDEH 12623 SW 134TH AVE 12780 SW 135TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S1046A-15100 251046D-09700 KHEIRABADI MASOUD LEE GLORIA 13510 SW LIDEN DR 13585 SW WALNUT LN TIGARD, OR 97223 TIGARD,OR 97223 2S104AC-11100 2S1048A-15000 KORDMAHALEH FARDAD T LEE THANH& 12740 SW 134TH AVE HUANG LIU TIGARD,OR 97223 13609 SW NORTHVIEW DR TIGARD,OR 97223 2S104AC-11400 2S104AC-02800 LEW TED M NGUYEN NGUYET T& 12840 SW 134TH AVE DANG DAT D TIGARD,OR 97223 12538 SW 134TH AVE PORTLAND,OR 97223 2S104AC-025�0 2S104AC-02300 MALEKI ALI M 8 AZAM O'CONNER PAMELA A 12545 SW 133RD AVE 12485 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 251046A-12700 2S104AC-04000 MALONEY ERIK M&TRICIA L OLDHAM GEORGE D 13690 SW MARCIA DR 12669 SW 133RD AVE PORTLAND,OR 97223 TIGARD,OR 97223 251046D-05400 25104BD-00401 MARVIN RANDALL A 8 PEINKOFER SUSAN P KERSTIENS-MARVIN HELEN A 13735 SW WALNUT LN 13724 SW WALNUT LN TIGARD,OR 97223 TIGARD,OR 97223 2S104AC-03600 2S104BA-12800 MAYCUMBER JACK CARY/KAY L PERRY THUY 8� 13450 SW 22ND PERRY CHRISTOPHER BEAVERTON,OR 97005 13710 SW MARCIA DR TIGARD,OR 97223 251048D-04900 2S1048D-00500 MCCUEN DALE R&VALENTINA M QUINN MICHAEL P 8 JEAN L 13745 SW ROSY CT 12615 SW 136TH CT TIGARD,OR 97223 TIGARD,OR 97223 2S104AC-12700 2S1048D-04200 MCGINLEY CHERYL M RIZK MARK G&BARBARA J 12640 SW 135TH AVE 13725 SW FERN ST TIGARD,OR 97223 TIGARD,OR 97223 2S104BA-13700 251046D-01400 MERCER MICHAEL R 8 LISA A ROMAN CATHOLIC ARCHBISHOP OF 13614 SW NORTHVIEW DR PORTLAND IN OREGON TIGARD, OR 97223 2838 E BURNSIDE PORTLAND,OR 97214 251048D-02200 2S1048D-04300 NATHMAN CHRISTINE P& ROSENBLOOM ROBERT H&SUE D TRS PARISI BERARDINO 13749 SW FERN ST 13640 5W FERN ST TIGARD,OR 97223 PORTLAND,OR 97223 2S104AC-03100 2S104AC-13300 NEET BRIANA M& ROUSE ALLEN V&MARTHA H HINESLY PAULINE M 12890 SW 135TH AVE 12445 SW 134TH AVE TIGARD,OR 97223 TIGARD, OR 97223 2S104AC-13100 2S104BD-04700 SADLER JAMES&PAULA TAYLOR JONATHAN W 12810 SW 135TH AVE 13752 SW ROSY CT TIGARD,OR 97223 TIGARO,OR 97223 2S104AC-11800 2S104AC-11200 SALMONESE JOSEPH F 8 DARLENE E THOMAS KUNLE&EVA 13353 SW DOE LN 12760 SW 134TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2s�aas�-osioo �oasa-isa SALVATION ARMY THE TI RD OF ATTN: PROPERTY DEPT 1312 HALL 180 E OCEAN BLVD TI RD, 97223 LONG BEACH, CA 90802 2St04AC-13200 2S1046D-O5000 SARICH BOSILJKRA TOFTE DANI 8�ERIC 12860 SW 135TH AVE 13763 SW ROSY CT TIGARD,OR 97223 TIGARD,OR 97223 2S704AC-11600 2S104A6-13500 SCOTT SHAWN P 8 VAUGHN PHILIP JAMES SCOTT VICKI L 12403 SW 134TH AVE 12840 SW 134TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S1046A-t1900 2S104BD-02500 SILVER TIMOTHY 8�CHAN FU VIESTENZ KERRY D 8�JANICE L 13503 SW LIDEN DR 13570 SW FERN ST TIGARD,OR 97223 TIGAR�,OR 97223 2S104AC-12800 2S1046D-05300 SINCLAIR WILLIAM D 8� WEST JEFFREY T&KAREN R DOROTHY U 13756 SW WALNUT LN 12660 SW 135TH AVE TIGARD,OR 97224 TIGARD,OR 97223 251046A-12500 2S104BD-00600 STANESCU EMANIOL&FLORENTINA WHITAKER EVAN E AND 13656 SW MARCIA DR BETTY M TIGARD,OR 97223 12665 SW 136TH CT TIGARD,OR 97223 2S104AC-03900 2S104BA-12300 STEFFEN MICHAEL J WILCOX JASON 12647 SW 133RD AVE 13588 SW MARCIA DR TIGARD,OR 97223 TIGARD,OR 97223 2S1048D-04500 2S104AC-02700 TAI JED&ARONA WILDE ERIN DANIELLE 13790 SW ROSY CT 12550 SW 134TH TIGARD, OR 97223 TIGARD,OR 97223 2S1046D-09600 WILDEY JOSEPH A 8 HOLLY ANN 13615 SW WALNUT LN TIGARD,OR 97223 2S104AC-12200 WOLFE GREGORY A 13400 SW DOE LN TIGARD,OR 97223 2S704AC-05900 ZENTHOEFER DAVID C 8 CARRIE L 12590 SW 133RD AVE TIGARD,OR 97223 Charlie and Larie Stalzer 14781 SW Juliet Terrace Tigard, OR 97224 Craig Smelter PO Box 1467 Tualatin, OR 97062 Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133�Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136� Place Tigard, OR 97224 CPO 46 Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES (pg. I of I) (i:\curpin\setup\IabeIslCIT West.doc) UPDATED: 21-Sep-04 ���v � � --- - �"��! � � -- �� I � . . - . GEOGRAPHiC iNfORMATiON SvStEM ' SW ISH � SW ��i — �EN � ' AIiEJ� NO'�'IF1m �,,,,, �� v� � �,.�,� ,�,� ,,,M.,,., � _ _ (500') J ` __ - - — mwwn�w tnwarN� � n�wnww SW MA� lA c,,,, --- - — - � �,«��« �,.��. -- MMl MYl MY1 NY 1 1 ��:~ I � 1 MMl MYl MYl 1 � I ry V 1/Y LJ O`I _ ——. —__ .'__ _ . —_ !i1/MO�tp/ li1�MpMN - _. ����������� �i � mwa»w � � ___________ �� � �� �,,,,�, ,,,�,„„ W - � � I, FOR: Dommique Alexander - — — �� � ---- � '. � _ — WALNUT LN __ „u.�,,,,, """""" � ��� -- cn I RE: 2S I 04BD, I 000 p � N q � 1 � � ����������� (� +++Mr� mwnn« ssiww�w mwamw --- _ mwuwa� _ - _ _ ,, � F- mwa� rn � � " � _ Property owner information ROSY m�� mwu�ar is valid for 3 months from ��� „����� the date printed on this map. CT' �mwuirrx mwew� war � _ � ----- mweina � �i9/ mwnw� ��/, V\ � mwan�w mw�n� mwamr �� T �u � -- - wnnN wn � Q mwrntM - - - mwano -- - �mwmwM �'�� ax�anu� mwm�� M m�ue�ww � m� 1fIM�CNIM mwm�o mw�nnu � mwumu wnnn aiwe�xa mwei»a -- - mwu�HU _ i � � N _ � mwu�� I mwx�w _-- - o roo zoo aoo Fee� � i 1"=232 feet ii1MN171M m�p� ,� City of Tigard Informa6on on I�is map is!or general location only and �I should be verified with!he Development Services Division. 73125 SW Hall 81vd •� — Tigard,OR 97223 (503)639-4171 htip�.//www.ci.l iga rd.w.us Community Development Plot date:Feb 28,2005;C:lmagicWIAGIC03.APR 251048A-12000 2S104AC-02900 ABDELJAWAD ZAKI& BAUMGARTEN ROGER L&LAUREL A SAIDAM AZIZA 12496 SW 134TH AVE 13518 SW MARCIA DR TIGARD,OR 97223 TIGARD,OR 97223 2S104BA-12900 2S104BA-13000 ABUDAKAR ISSA 8 BECK JASON S 8 MICHELLE M SMAINI MALIKA 13758 SW MARCIA DR 13732 SW MARCIA DR TIGARD,OR 97223 TIGARD,OR 97223 2S104AC-05700 2S104AC-12600 ADAMS MARK J AND DONNA M BECKHAM GARVE A&MARILYN 12634 SW 133RD 12620 SW 135TH TIGARD,OR 97223 TIGARD,OR 97223 251046D-01000 2S1046D-02100 ALEXANDER MARION TR BENETTI MARCO A 8 SALLY A ALEXANDER DOMINIQUE TR 13650 SW FERN ST 12645 SW 135TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104BD-05200 2S104BA-12400 ALLEY BARRY A BERGEY BRUCE 13788 SW WALNUT LN 7700 5W RIVER RD TIGARD, OR 97223 HILLSBORO,OR 97123 2S104BD-00900 104BA-1220 ALULA BERHANU B BE Y UCE 13540 SW WALNUT LN 7700 IVER RD TIGARD,OR 97223 SBORO, R 97123 2S1048D-04800 2S104AC-05800 ATWOOD JEFFREY P&B J BROOKS DOUGLAS D 8 KIMBERLY N 13728 SW ROSY CT 12612 SW 133RD ST TIGARD,OR 97223 TIGARD,OR 97223 25104AC-11500 2S1048D-00800 BACUS MICHAEL P 8 SUBEENA BROWN DONALD B 8 12860 SW 134TH NORTON-BROWN KATHLEEN A TIGARD,OR 97223 13590 SW WALNUT LN TIGARD,OR 97223 2S104AC-03400 2S104AC-03500 BARTLETT KEVI A/STACI J BULLARD BRIAN L&MICHELLE 12543 SW 134TH AVE 12567 SW 134TH AVE TIGARD, OR 97223 TIGARD,OR 97223 2S104AC-12900 2S1048A-11800 BATTALIA JACK E&CORA C CASE MARK&PATRICIA R 12700 SW 135TH AVE 13515 SW LIDEN TIGARD,OR 97223 TIGARD,OR 97223 2S104AC-04100 2S104AC-02600 CHANG VICTOR CUSTODIAN DEZFULLI EBRAHIM K AND SHAHIN D 3181 WEMBLEY PARK RD 12587 SW 133RD AVE LAKE OSWEGO,OR 97034 TIGARD,OR 97223 2S1048D-02300 2S104AC-02400 CLARKE JOHN A&NANCY J FARQUHAR BRIAN&ERIN 54966 MALLARD DR 12916 SW WILMINGTON LN BEND,OR 97707 PORTLAND,OR 97224 iaaeo-oz�o zsioaa,c-os000 C E N A&NANCY J FEEBECK DARRELL L& 549 LLARD DR TERESA ND,OR 7707 12474 SW 134TH AVE TIGARD,OR 97224 2S104B0-09800 2S704AC-03700 CLEM RICHARD R&BETTE J FOOTE CORI 13555 SW WALNUT LN 12601 SW 134TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104BD-02000 2S1048A-12100 COLBY ROBERT W� GENTILE RAYMONT C III COLBY SUSAN Y 13544 SW MARCIA DR 13720 SW FERN ST TIGARD,OR 97223 TIGARD,OR 97223 2S104AC-11300 2S1048D-04400 DEBOLT JASMINE&NEIL GOLOVIN DMITRIY& 12820 SW 134TH AVE GOLOVINA VALENTINA TIGARD,OR 97223 12774 SW 138TH AVE TIGARD,OR 97223 104AC-125 2S104AC-11700 D R P TE OWNERS OF HAMBURGER BARBARA J LOT -7 12880 SW 134TH AVE , TIGARD,OR 97224 104AC-124 2S104AC-03200 DE P TE OWNERS OF HARP JOHN&DEBORAH LOT - 12487 NW 134TH AVE TIGARD,OR 97223 S 104AC-123 2S 104 B D-01300 D R P TE OWNERS OF HAVILAND RANDALL S TR& LOT -13 HAVILAND LEUEEN M 13625 SW FERN ST TIGARD,OR 97223 2S104AC-11000 2S104BA-1260D DELEON TARA HO WILLIAM 8 12720 SW 134TH AVE HO REBECCA HUONG TIGARD,OR 97223 13674 SW MARCIA DR TIGARD,OR 97223 2S1048D-04600 2S104AC-03300 HOLLENBECK RYAN L& KOSHIKAWA TAKASHI/KIMI LEIGH ANNE BY PERFORMANCE PROPERTIES 13774 SW ROSY CT ATTN: MOLLY TIGARD,OR 97224 PO BOX 1496 LAKE OSWEGO,OR 97035 2S104BD-09500 2S104BD-05600 HUNDLEY TRAVIS S 8 SABRINA C KUSCHKE FRIEDHELM O H& 13635 SW WALNUT LN KUSCHKE WALTRAUD TIGARD,OR 97223 13791 SW WALNUT LN TIGARD,OR 97223 2S104BD-02600 2S104BD-01100 JAGOSH JOHN M&LISA A KVISTAD RODERICK 12905 SW 135TH AVE EUNICE TIGARD,OR 97223 13535 SW FERN TIGARD,OR 97223 2S1046D-02400 2S1046D-01900 JAQUESS MARK&JEWEL LAMB CHARLES B AND ZADA M 13530 SW FERN ST 13770 SW FERN STREET TIGARD,OR 97223 TIGARD,OR 97223 2S1046D-00700 251046D-05500 JENSEN NORMAN S 8 JUDIE L LAMBERT MARK A&JENNIFER A 13455 NE SCHUYLER ST 13759 SW WALNUT LN PORTLAND,OR 97230 TIGARD,OR 97223 2S104BD-00100 2S704BD-01200 JOHANSSON MARTIN L JOAN LAMORA SHIRLEY A TR AND 13535 SW WALNUT�N WILES NICOLETTE YVONNE TIGARD,OR 97223 13585 SW FERN ST TIGARD,OR 97223 2S104AC-11900 2S104AC-10900 KATZ ERIC&JEANNE LEARY KATHLEEN JOAN 8 12890 SW 134TH AVE MULLEN MARY JEAN& TIGARD,OR 97223 ZECHMANN BARBARA 10020 SW JOHNSON TIGARD,OR 97223 2S104AC-13000 2S1D4AC-03800 KHALEGHI GHASSEM AND LEE DOUGLAS UCAPRICE MARIE NADJARAN NAHIDEH 12623 SW 134TH AVE 12780 SW 135TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104BA-15100 2S1048D-09700 KHEIRABADI MASOUD LEE GLORIA 13510 SW LIDEN DR 13585 SW WALNUT LN TIGARD,OR 97223 TIGARD,OR 97223 2S104AC-11700 2S104BA-150D0 KORDMAHALEH FARDAD T LEE THANH& 12740 SW 134TH AVE HUANG LIU TIGARD, OR 97223 13609 SW NORTHVIEW DR TIGARD,OR 97223 2S704AC-11400 2S704AC-02800 LEW TED M NGUYEN NGUYET T& 12800 SW 134TH AVE DANG DAT D TIGARD,OR 97223 12538 SW 134TH AVE PORTLAND,OR 97223 2S104AC-02500 2S104AC-02300 MALEKI ALI M&AZAM O'CONNER PAMELA A 12545 SW 133RD AVE 12485 SW 133RD AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104BA-12700 2S104AC-D4000 MALONEY ERIK M 8 TRICIA L OLDHAM GEORGE D 13690 SW MARCIA DR 12669 SW 133RD AVE PORTLAND,OR 97223 TIGARD,OR 97223 2S104BD-05400 2S104BD-00401 MARVIN RANDALL A& PEINKOFER SUSAN P KERSTIENS-MARVIN HELEN A 13735 SW WALNUT LN 13724 SW WALNUT LN TIGARD,OR 97223 TIGARD,OR 97223 2S104AC-03600 2S1046A-12800 MAYCUMBER JACK CARYlKAY L PERRY THUY& 13450 SW 22ND PERRY CHRISTOPHER BEAVERTON,OR 97005 13710 SW MARCIA DR TIGARD,OR 97223 2S1048�-04900 2S104BD-00500 MCCUEN DALE R&VALENTINA M QUINN MICHAEL P&JEAN L 13745 SW ROSY CT 12615 SW 136TH CT TIGARD,OR 97223 TIGARD,OR 97223 2S104AC-12700 2S1046D-04200 MCGINLEY CHERYL M RIZK MARK G&BARBARA J 12640 SW 135TH AVE 13725 SW FERN ST TIGARD,OR 97223 TIGARD,OR 97223 2S1046A-13700 2S1048D-01400 MERCER MICHAEL R&LISA A ROMAN CATHOLIC ARCHBISHOP OF 13614 SW NORTHVIEW DR PORTLAND IN OREGON TIGARD, OR 97223 2838 E BURNSIDE PORTLAND,OR 97214 2S1046D-02200 251046D-04300 NATHMAN CHRISTINE P& ROSENBLOOM ROBERT H&SUE D TRS PARISI BERARDINO 13749 SW FERN 5T 13640 SW FERN ST TIGAR�,OR 97223 PORTLAND,OR 97223 2S104AC-03100 2S104AC-13300 NEET BRIANA M& ROUSE ALLEN V&MARTHA H HINESLY PAULINE M 12890 SW 135TH AVE 12445 5W 134TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104AC-13100 2S104B0-04700 SADLER JAMES&PAULA TAYLOR JONATHAN W 1281D SW 135TH AVE 13752 SW ROSY CT TIGARD, OR 97223 TIGARD,OR 97223 2S104AC-11800 2S104AC-11200 SALMONESE JOSEPH F 8 DARLENE E THOMAS KUNLE&EVA 13353 SW DOE LN 12760 SW 134TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S1046D-O5100 104BA-164 0 SALVATION ARMY THE TI RD Y OF ATTN PROPERTY DEPT 1312 HALL 180 E OCEAN BLVD TI RD, 97223 LONG BEACH,CA 90802 2S104AC-13200 2S1048D-O5000 SARICH BOSILJKRA TOFTE DANI&ERIC 12860 SW 135TH AVE 13763 SW ROSY CT TIGARD,OR 97223 TIGARD,OR 97223 2S104AC-11600 2S104AB-13500 SCOTT SHAWN P& VAUGHN PHILIP JAMES SCOTT VICKI L 12403 SW 134TH AVE 12840 SW 134TH AVE TIGARD,OR 97223 TIGARD,OR 97223 2S104BA-11900 2S104BD-02500 SILVER TIMOTHY 8�CHAN FU VIESTENZ KERRY D 8 JANICE L 13503 SW LIDEN DR 1357D SW FERN ST TIGARD, OR 97223 TIGARD,OR 97223 2S104AC-12800 2S7048D-05300 SINCLAIR WILLIAM D 8 WEST JEFFREY T&KAREN R DOROTHY U 13756 SW WALNUT LN 12660 SW 135TH AVE TIGARD,OR 97224 TIGARD,OR 97223 2S104BA-12500 2S104BD-00800 STANESCU EMANIOL&FLORENTINA WHITAKER EVAN E AND 13656 SW MARCIA DR BETTY M TIGARD,OR 97223 12665 SW 136TH CT TIGARD,OR 97223 2S104AC-03900 251046A-12300 STEFFEN MICHAEL J WILCOX JASON 12647 SW 133RD AVE 13588 SW MARCIA DR TIGARD,OR 97223 TIGARD,OR 97223 25104BD-04500 2S104AC•02700 TAI JED&ARONA WILDE ERIN DANIEL�E 13790 SW ROSY CT 12550 SW 134TH TIGARD,OR 97223 TIGARD,OR 97223 2S1046D-09600 WILDEY JOSEPH A&HOLLY ANN 13615 SW WALNUT LN TIGARD,OR 97223 2S104AC-12200 WOLFE GREGORY A 13400 SW DOE LN TIGARD,OR 97223 2S104AC-05900 ZENTHOEFER DAVID C&CARRIE L 12590 SW 133RD AVE TIGARD,OR 97223 Charlie and Larie Stalzer 14781 SW Juliet Terrace Tigard, OR 97224 Craig Smelter PO Box 1467 Tualatin, OR 97062 Harold and Ruth Howland 13145 SW Benish Tigard, OR 97223 Kevin Hogan 14357 SW 133�d Avenue Tigard, OR 97224 Gretchen Buehner 13249 SW 136th Place Tigard, OR 97224 CPO 4B Holly Shumway, Chair 14535 SW Woodhue Street Tigard, OR 97224 Beverly Froude 12200 SW Bull Mountain Road Tigard, OR 97224 Barry Albertson 15445 SW 150th Avenue Tigard, OR 97224 John Frewing 7110 SW Lola Lane Tigard, OR 97223 CPO 4B 16200 SW Pacific Highway, Suite H242 Tigard, OR 97224 CITY OF TIGARD - WEST INTERESTED PARTIES (pg. I of I) (i:lcurpinlsetup\IabeIslCIT West.doc) UPDATED: 21-Sep-04 fl2/23/2005 20: 19 5904166 GMBM PAGE 01 CITY Of TIGARD COM MUNfTV DEVELOPMENT DEPARTMENT PLANNING DIYISION I 3 I 15 SW HALI BOUEEYARD c�rr w rw�RD TIGARD, OREGON 47223 �►�� ', PNONE: 5D3•639-�I11 FAX: 503-684•7247 (Attn: Pltry/Planniag) S�'�"�����0�' I ° Q 0 ° OO OO D0O °� 0 ° � � Property owner information is valid for 3 months from the date of your request '� �NDICATE Ai.L PROJECT MAP & TAX LOT NUMBERS (i.e. 1S134AB, Tax Lot 00100) OR THE ADDRESSES FOR ALL PROJECT PARCELS BELOW; � ,L �r.d� . � �5—�0 f7' — �'� S / !e� , —'' ��2 pLEASE BE AWARETH AT 0NLY 1 SET �F �p BE S W1LL BE PROVIbED AT THIS TlME FOR � HOLDING YOUR NEIGHBQRHOOD MEETING. After su�mitting your land u ap li� .tiqr� to the City, nd ' the prolect planner has reviewed your a phcatio for completer�ess, you wil�ebe r�oti�ied by means o�an � incompleteness letter to obtain your 2 fina�l sets o�labels. The 2 final sets of labels need to be placed on envelopes with first clas$ letter-rate pasta e on the i �nvelopes in the f rm of osta e stamps (n p, metered envelopes and no eturn add�ess) and � �es�bm�tted to the �ity, for th�e pu� ose of providmg notice to property owner of t�e pro ,osed land us '� �pp icat�on and the ecision. The �sets of envelopes must be kept separate. �fhe person �sted below wi� ' e called to pfck up and pay for the labels when they are ready, NAME OF CONTACT PERSON: �%�� J�v��oP�iLPHONE; �'03—�-����'.� � FAX: 5�03�—Syv — /�'6 This request may e mailed, axed or hand de iver to t e ity o Tigard. lease allaw a ! 2-day minimum for processing requ�sfs. Upon completiort of your request, the contact erson wi�l be ; calletl to pick up their request that v�nlf be placed in °Will Calf by their last name, at t�e Community ' Development Reception Desk. The cost of processing your request must be paid at the time of pick up, as exact cost can not be pre-determined. PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGtNAL MAfLING LABELS PROVIDED BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED. Cost Descnption: $11 to generate the maiking list, plus$2 per sheet for printing the list onto labels(20 addresses per sheet). I Then, multi I the cost to rint one set of labels b the number of sets re uested, EXAMPLE COST FQR THIS REQUEST a sheets of Iabels x 32/sheet=�;,QQ x 2 sets= $16.00 �,sheet(s)ot labels x 52/sheet=S/�.x�sets= � 2 shests of labefs x�2lsheet for interested parties x 2 sets= 3 4.00 T sheet(s)of labels x 521sheet for lnterested partles=S � .x 1 sats= ' GENERATE LIST = � GENERATE LIST = TOTAL = 531.00 . TOTAL �r .� �i ������s — � �� , � � � 2S1046D-01000 , ALEXANDER MARION TR ALEXANDER DOMINIQUE TR 12645 SW 135TH AVE TIGARD,OR 97223 � * . . • - PRE,APP.HELD BY: r• r-- CITY OF TIGARD PLANNING DIVISION 13125 SW HALL BOULEVARD TIGARD, OR 97223-8189 503.639.41711503.684.7297 CITY OF TIGARD 1�' OREGON LAND USE PERMIT APPLICATION File# j1�l,P a Oe�- o 0o Other Case # Date 1=, , v By •�-� Receipt# ao�( � City 0 Urb ❑ Date Complete� TYPE OF PERMIT YOU ARE APPLYING FOR ❑Adjustment/Variance (I or II) �Minor Land Partition (II) ❑ Zone Change (III) ❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV) ❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) ❑ Zone Ordinance Amendment (IV) ❑ Historic Overlay (II or III) ❑ Site Development Review (II) ❑ Home Occupation (II) ❑ Subdivision (II or III) ress� ava�a e 12r�y�S �SW f 3��, 14�I't. Ti iu�d � 9'12... as �o�l3b - o �000 3�, �rst� 2 � r►it KI K�o rJ ti 17D v►�t � n!� q u� /4 L Ex� � �. l2(�45 su) c35 � 14vc. 7,�w-�2.� , D+� 9�Z� 3 503 S90- yo�o3 so3 5q - ��� t� �O rn i w�.� �.�.¢� lQ'l ti1Ga�G+� �D 3 5�!0 - 4�ab3 �'� -�5 v � - 3 iv'�-��S ac is i more an one 1�►1L �t,0 'When the owner and the applicant are different peopte, the applicant must be purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The�ners must sign this application in the space rovided on the back of this form or submit a written authorization with this a plication. ease e speci ic 0 t a Y ►ti.0( qY i APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET. i . � . . , � THE APPLICANT SHALL CERTIFY THAT: ♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. ♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, map be revoked if it is found that any such statements are false. ♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application(s). SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED. � (.��/C�N ��F'.X� /.� — O�- ��`>r�� Owner's Signature Date � , � �/U-�, /��� �:� � o% Owner's Signat re Date Owner's Signature Date Owner's Signature Date Owner's Signature . Date Applicant/AgenURepresentative's Signature Date ApplicanUAgentlRepresentative's Signature Date � ' � � � CITY pF TIOARD Community,�eveCopment S�aping.,�Better Community LAND USE PROPOSAL DESCRIPTION 120 DAYS = 7/8/2005 FILE NO.: MINOR LAND PARTITION (MLP) 2004-00009 FILE TITLE: ALEXANDER PARTITION APPLICANT: Marion & Dominique Alexander OWNER: Same 12645 SW 135th Avenue Tigard, OR 97223 REQUEST: The applicant is requesting approval to perform a three-lot partition on a parcel of land containing approximately 36,770 square feet. This partition will create Parcel #1 with approximately 23,795 square feet, Parcel #2 with 5,720 square feet, and Parcel #3 with 7,255 square feet. An existing single-family dwelling exists on the subject property and is proposed to remain on Parcel #1 LOCATION: 12645 SW 135th Avenue; WCTM 2S104�, Tax Lot 1000. ZONE: R-7 Medium Density Residential. The R-7 zoning district is designed to accommodate attached single-family homes, detached single-family homes with or without accessory residential units, at a minimum lot size of 5,000 square feet, and duplexes, at a minimum lot size of 10,000 square feet. Mobile home parks and subdivisions are also permitted outright. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810. DECISION MAKING BODY BELOW: ❑ TYPE I � TYPE II ❑ TYPE III ❑ TYPE IV DATE COMMENTS WERE SENT: MARCH 11, 2005 DATE COMMENTS ARE DUE: MARCH 25, 2005 ❑HEARINGS OFFICER [MONJ DATE OF HEARING: TIME: 1:00 PM ❑PLANNING COMMISSION [MONJ DATE OF HEARING: TIME: 1:00 PM ❑CITY COUNCIL [TUESJ DATE OF HEARING: TIME: 1:30PM �STAFF DECISION [TENTATIVE] DATE OF DECISION: APRIL 21, 2005 COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION � VICINITY MAP � PARTITION PLAT � TREE PLAN � SITE PLAN � CWS LETTER � IMPACT STUDY � NARRATIVE � GRADING PLANS � OTHER: STAFF CONTACT: Mathew Scheidegqer, Associate Planner (503) 639-4171, Ext. 2437 \� PUBLIC FACILlTY PLAN Project: Alexander Partition COMPLETENESS CHECKLIST Date: 92/27/04 GRADING ❑ Existing and proposed contours shown. Show existing and proposed contours to make sure drivewa s work with street rades ❑ Are there grading impacts on adjacent parcels? Can't tell-show topo (actua/datum, not assumed ❑ Adjacent parcel grades shown. Show enough topo to the north (can use aeria/s for off-site) to determine impacts from ro osed drivewa ❑ Geotech stud submitted? STREETISSUES � Ri ht-of-wa clearl shown. � Centerline of street s clearl shown. � Street name s shown. ❑ Existin / ro osed curb or ed e of avement shown. Label and dimension ❑ Street rofiles shown. NA ❑ Future Street Plan: Must show street profiles, topo NA on ad�acent arcel s , etc. ❑ Traffic Im act and/or Access Re ort NA ❑ Street rades com liant? NA ❑ Street/ROW widths dimensioned and appropriate? Show dedication of ROW to provide 27 feet from centerline ❑ Private Streets? Less than 6 lots and width NA a ro riate? ❑ Other: Half-street improvements A restricfive covenant for future streef improvements may be required as a condition of/and use a roval SANITARY SEWER ISSUES ❑ Existing/proposed lines shown. Show existing 8 proposed lines that wil! serve each lot ❑ Stubs to ad'acent arcels re uired/shown? WATER ISSUES ❑ Existin / ro osed lines w/ sizes noted? Show ro osed lines 8 sizes ❑ Existin / ro osed fire h drants shown? ❑ Pro osed meter location and size shown? Show ro osed locafion of ineters &sizes ❑ Pro osed fire rotection s stem shown? NA STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existin / ro osed lines shown? Show ro osed laterals to each lot ❑ Preliminary sizing calcs for water quality/detention rovided? ❑ Water ualit /detention facilit shown on lans? ❑ Area for facilit match re uirements from calcs? ❑ Facilit shown outside an wetland buffer? REVISED: 12/27/04 • . ' ._ ❑ Storm stubs to adjacent parcels required/shown? The submittal is hereby deemed ❑ COMPLETE � INCOMPLETE 1 By: � � Date: 12/27/04 REVISED: 12/27/04 '` ..J ' ��.._..^" y.. January 3, 2005 CITY OF TIGARD OREGON Marion & Dominique Alexander 12645 SW 135th Avenue Tigard, OR 97223 Dear Mr. & Ms. Alexander: RE: Notice of Incomplete Application Submittal MLP2004-00009 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: . Provide plans that are to scale. The plans submitted indicate 1" = 50'. . Submit ownership information that matches signatures. . The items in the enclosed public facility completeness checklist must be addressed. Any questions pertaining to public facilities can be directed to Kim McMillan at (503)639-4171 ext.2642. 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, � .� �- ��- Mathew Scheidegger Associate Planner i:\curpin\mathewlm Ip2004-00009.acc c: MLP2004-00009 Land Use File 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 . r / r � PUBLIC FAClLITY PLAN Project: Alexander Partition COMPLETFNESS CHECKLIST Date: 12/27/04 GRADING ❑ Existing and proposed contours shown. Show existing and proposed contours to make sure drivewa s work with street rades ❑ Are there grading impacts on adjacent parcels? Can't tell-show topo (actua!dafum, not assumed ❑ Adjacent parcel grades shown. Show enough topo to the north (can use aerials for off•site) fo determine impacts from ro osed drivewa ❑ Geotech stud submitted? STREETISSUES � . Ri ht-of-wa clearl shown. � Centerline of street s clearl shown. � Street name s shown. ❑ Existin ! ro osed curb or ed e of avement shown. Label and dimension ❑ Street rofiles shown. Nq ❑ Future Street Plan: Must show street profiles, topo NA on ad�acent arcel s , etc. ❑ Traffic Im act and/or Access Re ort NA ❑ Street rades com liant? NA ❑ Street/ROW widths dimensioned and appropriate? Show dedicafion of ROW to provide 27 feet from centerline ❑ Private Streets? Less than 6 lots and width NA a ro riate? ❑ Other: Half-street improvements A resfrictive covenant for fufure sfreet improvements may be required as a condition of land use a roval SANITARY SEWER ISSUES ❑ Existing/proposed lines shown. Show exisfing &proposed lines that will serve each lot � ❑ Stubs to ad'acent arcels requ�red/shown? WATER ISSUES ❑ Existin / roposed lines w/sizes noted? Show ro osedlines 8 sizes ❑ Existin / ro osed fire h drants shown? ❑ Pro osed meter location and size shown? Show ro osed/ocafion of ineters &sizes ❑ Pro osed fire rotection s stem shown? NA STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existin / ro osed lines shown? Show ro osed/aterals to each lot ❑ Preliminary sizing calcs for water quality/detention rovided? ❑ Water ualit /detention facilit shown on lans? ❑ Area for facilit match re uirements from calcs? ❑ Facilit shown outside an wetland buffer? REVISED: 12/27/04 . • �•, , � Storm stubs to ad'acent arcefs re uired/shown? � . The submittal is hereby eemed ❑ COMPLETE � INCOMPLETE By: �r� � � 1 Date: 12/27/04 REVISED: 12/27/04 ��tl r�p�(,�,�p � Tigard, February 7`�, 2005 �OOZ � 0 83� Dear Mr. Scheidegger: a�' `'�-+��� I am writing you this letter in regard to the Application for Small Land Partition(MLP 2004-00009), submitted on December 8`t', 2004. Mr. Scheidegger, we need your cooperation, help and understanding in order to receive the approval as soon as possible for the following reason: As you know, this spring the Washington County/City of Tigard will start a major street improvement on Walnut St. and the intersection of Walnut and 135`�'( our house is the second one on the right and will be affected by this improvement). Mr. Clifford Hamby from the Department of Land and Transportation(503-846-7870) told us recently that it is going to be vital for us to coordinate the installation of the utilities on the 2 new lots at the same time as the County will work on the street to do the improvements at the intersection of Walnutl135"'. Missing this unique opportunity will increase the cost of putting the utilities by a minimum of$30,000.00. Also the County mentions that they do not be pleased to see any sidewalk or street work as soon as they finish their project. We are confident that the City of Tigard will consider this matter as a priority and you will help us meet the deadlines. If you have any questions, please call me at 503-330-7143. Thank you very much for your time, consideration and understanding of this situation. Sincerely, .����N-!�LL�' �ird�'LC �� � ��� �t"" � � Dominique Alexander � �, S i ��( P�I7 PU6LIC FACILITY PLAN Project: Alexander Partition - CONIPLETENESS CHECKLIST Date: 12/27/04 � �� �� GRADI � � ❑ Existing and proposed contours shown. Show existing and proposed contours to make sure drivewa s work with street rades ❑ Are the grading impacts on adjacent parcels? Can't tell-show topo (actua!datum, nof assumed ❑ Adjace parcel grades shown. Show enough topo to the north (can use aerials for off-site) to determine impacts from ro osed drivewa ❑ Geo ch stud submitted? STREETISSUES � Ri ht-of-wa clearl shown. � Centerline of street s clearl shown. � Street name s shown. Existin I ro osed curb or ed e of avement shown. Label and dimension Street rofiles shown. NA ❑ Future Street Plan: Must show street profiles, topo NA on ad'acent arcel s , etc. ❑ Traffic Im act and/or Access Re ort NA Street rades com liant? NA StreeUROW widths dimensioned and appropriate? Show dedicafion of ROW fo provide 27 feef from centerline ❑ Private Streets? Less than 6 lots and width NA a ro riate? ❑ Other: Half-street improvements A resfricfive covenant for future street improvements may be required as a condition of land use a roval NITARY SEWER ISSUES Existing/proposed lines shown. Show exisfing &proposed lines fhat will serve each !ot ❑ Stubs to ad'acent arcels re uired/shown? TER ISSUES Existin / ro osed lines w/ sizes noted? Show ro osed/ines 8 sizes Existin / ro osed fire h drants shown? Pro osed meter location and size shown? Show ro osedlocation of ineters 8 sizes ❑ Pro osed fire rotection s stem shown? NA S ORM DRAINAGE AND WATER QUALITY ISSUES Existin / ro osed lines shown? Show ro osed laterals to each !of Preliminary sizing calcs for water quality/detention rovided? ❑ Water ualit /detention facilit shown on lans? ❑ Area for facilit match re uirements from calcs? ❑ Facilit shown outside an wetland buffer? REVISED: 12/27/04 ;� � 5torm stubs to adjacent parcels required/shown? , The submittal is hereb�y deemed COMPLETE � INCOMPLETE gy: ' �i i' ?.'`� `Q� Date: 12/27/04 � REVISED: 12/27/04 March 10, 2005 �ITM O� TIG�D OREGON Marion & Dominique Alexander 12645 SW 135th Avenue Tigard, OR 97223 Dear Mr. & Ms. Alexander: RE: Notice of Complete Application Submittal (MLP2004-000091 The City has reviewed your submittal material and finds that your application is complete as of 03/10/05. Staff will now review your application for Land Partition Approval and associated applications. A decision will be rendered within 5-fi 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. Sincerel , . '� r l�'� _ .,�- _ � �� Mathew Scheidegger Associate Planner i:�cu rp I n 1m ath ew4n Ip2004-00009.C O M P L ETE.d oc c: MLP2004-00009 Land Use File 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772 � � r'- .l---- SiATE OF OREGON � , p County of Washington � �O I, Jerry �n� of Asse� ment an n o Coun After recording return to: Clerk for ' rtity that 6 the wif ' i r ceived ^-� Marion Alexa�tder, Trustee and c unre � ` �; :` `' ;a� f said I' Domuuque �lexander, Trustee � ` . v,�` 12645 SW 135th Avenue y '• .• ��c,� Tigazd, Oregon 97223 �� • �' '�+� � irector ot • axation,Ex- erk Until a change is requested, � DoC : 99112160 send taz statements to: Rect: 241002 36.00 09/30/1999 01:41: 18pm Marion Alexander, Trustee and Dominique Alexander, Trustee 12645 SW 135th Avenue Tigazd, Oregon 97223 , Warranty Deed Marion Alexander and Dominique Alexander, husband and wife, "Grantors," hereby convey and warrant, all right, title and interest to Macion Alexander and Dominique Alexander, as Tnistees of the Alexander Living Trust U/T/A daEed August 23, 1999, or to such Successor Trustee(s) of such trust created under such instrument as may hereafter be appointed, "Grantees," the following real property situated in Washington County, Oregon, free of encumbrances except for matters of public record: A portion of Lots 1 and 2, HANDY ACRES, Washington County, �regon, more particularly described as follows: Beginning at a point on the east line of said Lot 1, which point bears North 0°43' East 175.00 feet from the southeast corner thereof; thence South 89°37' West 210.00 feet; thence North 0°43' East 175.00 feet;thence North 89°37' East 210.00 feet to the east line of said Lot 1; thence South 0°43' West, along said east line, 175.00 feet to the true point of beginning. Tax Account No: 480875 Grantors hereby agree that a11 their interest in the above described real property shall be characterized as tenancy in common interests rather than joint tenancy interests. The true and actual consideration paid for this conveyance is the mutual covenants contained in the Living Tn�st described above and the conveyance described herein which are for the purposes of estate planning and consist of value wholly other than cash. The liability and obligations of the Grantors to Grantees and Grantees' heirs and assigns under the warranties and covenants contained herein or provided by law shall be limited to the extent of coverage that is provided to Grantors under any policy of title insurance insuring / v - _ y�,�,�...��u� _ , , •. r . , . - :�: .i'(.i'. :.... . ._ _ Grantors' int�est in the.above described property. The limitadons.cgntained hereui ei�p��s�1X do not relieve Grantors of any liability or obligations under this instrument to the ea�tegt of coverage that is provides�,to Grantors under any policy af title insurance insuring Granto�'s`iiiYeres� in the above describ��:property. � THIS II�ISTRI�MENT WILL NOT A�,LOW USE OF THE PROPER�Y' D�SCRIBED IN THIS INSTRUMENT IN VIOLATION UF APPLICABLE LAND U�E LAWS AND REGULATIONS.:. BEFORE SIGNING OR A�CEPTING THIS INSTRUMENT,THE PERSON ACQUIRiNG �EE.> .�ITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR C4UNTY PLANT�iNG DEPARTMENT TO VERIFY APPROVED US�$ AND TO D�TERNIINE ANY LIMITS ON LAWSUITS AGAIIVST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. WITNESS the hand of said Grantors o�} this�day of , 1999. GR.ANTORS: �:: . � =��'-a�Ja� � Mano� Alexander . �. / ����''� �/'� Dominique Alexander STATE OF OREGON ) } ss. COUNTY OF WASHINGTON ) , rd This instrument was acknowledged before me on this o� day of � , 1999, by Marion Alexander and Dominique Alexander. No blic r Oregon My commission expires:��4 aFFlCfA1 SEAL - JElOY R.QfBSON `�. NOTARv pUg�IC-OREGON - CO�fMiSSION M0.055608 "'* GGMMISSION EXPtRES JUL 9,2004 a - • !3 i ! 1 � �� � � � Alexander Land Partition 12645 SW 135`hAve Tigard, OR Lot sizes: Parcel: Total S uare Feet Total s ft, minus access Existing (Parcel 1) 23,795 22,075 Pro osed Parce12 5,720 5,280 Proposed Parcel3 7,255 6,375 � � R���IV _ E� ' ��e o 8100� ��°�r�p , , ���� � ' APPLICATION FOR LAND USE REVIEW: Type II Application Three Lot Minor Land Partition • Location: 12645 SW 135'�Ave, City of Tigard � December 7, 2004 � Marion&Dominique Alexander(Landowners) 12645 SW 135`�Avenue Tigard, OR 97223 1 � APPLICANT STATEMENT PROJECT NAME: Handy Acres Lots 1 &2 Partition REQLTEST: 3-Lot Minor Land Partition LEGAL DESCRIPTION: Tax Lot 01000 on Tax Map 2S104BD Section 4 Township 2 South ' Range 1 West APPLICANT: Marion&Dominique Alexander � � 12645 SW 135`�Ave � Tigazd, OR 97223 (503) 590-4063 ' FLJTURE OCCUPANT: Stefan Alexander&Dia.na Potts , 1646 Village Pazk Place West Linn, OR 97068 , � (503) 722-3296 . , SIZE: 36,750 square feet(.84 acres) LOCATION: 12645 SW 135�'Ave LAND USE DISTRICT: R7 2 I. APPLICABLE REGULATIONS � A. City of Tigard Development Code Section 18390 Decision Making Procedures/Impact Study Section 18.420 Land Partitions Section 18.510 Residential Zoning Districts Section 18.705 Access/Egress/C�culation Section 18:715 � Density Computa.tions , Section 18.730 � Flag Lot Building Height Requirements Section 18.745 Landscaping and Screening Standards Section 18.765 Off-Street Parking/Loading Requirements Section 18.780 � Signs Section 18.790 Tree Removal Section 18.795 Visual Clearance Areas ' Section 18.$10 Street&Utility Improvement Standards II. INTRODUCTTON � � Marion and Dominique Alexander, the applicants, are requesting approval of a 3-lot minor land partition of Tax L'ot 01000 on Tax.Map 25104BD. An existing detached single-family residence is located centrally on the property,.and the dwelling unit currently accesses SW 135'�Avenue via a driveway on the eastern portion of the site, as show on the attached Existing Conditions.Map. ' (see Appendix A). Sanitary sewer, water, electric and communication utility services are provided to the existing residence via main lines and overhead lines along the site's SW 135� Avenue frontage. Currently, there is storm water service for the subject site. The .84 acre subject site is zoned R-7 and is located in the City of Tigard. The property generally slopes down from the south to the north, and cunently has a total of 16 trees. According to City and County maps, and site reconnaissance, there are no floodplains, geologic hazards, significant habitats or wetlands on the subject site. The sunounding properties are categorized by R7 zoned properties and each contain one detached single-family residence. The applicant proposes to retain the existing residence on Parcel 1 and partition two additional parcels from the north section of the subject site (see Appendix B). An access easement from 135�Avenue is required to allow ingress/egress to the proposed Parcel2 (see Appendix B). The access easement for Parce13 will be achieved by sharing the current easement access to existing residence, and extending that easement to Parcel3, a flag lot (see Appendix B). As the property is zoned for 4-5 lots, Appendix C shows a shadow plot of how the minimum density will be achieved in the future with a fourth pazcel on the southern portion of the lot, with an additional access easement on the south portion of the lot. The attached Preliminary Utility Plan indicates that Parcels 2 and 3 will be served by utilities that will connect to the right-of-way via easements on Parcel 1 (see Appendix I�. 3 , ' ' Washington County has a planned street revision scheduled to be started during March of 2005: The revisions will cause the right-of-way to be moved west into the property an area of 44 by 5 � � feet. A copy of the description of the project is attached as Appendix L. Attached as Appendix F are the Pre-Application Conference Notes from the applicants June 29, 2004 meeting with th�City. The following narrative and attached exhibits demonstrate how the applicant's proposal meets the City's criteria for land use approval. III: FINDINGS , � A. CITY OF TIGARD DEVELOPMENT CODE , • SECTION 18.390: DECISION MAKING PROCEDURES/IMPACT STUDY � 18.390.020: Description of Decision-Maldng Procedures � ' Comment: The applicant is requesting approval of a preliminary plat for a 3-lot partition. As required by Table 18.390.1, the proposed land use appfication has been submitted under the Type II procedure. , • 18.390.040: Type II Procedure . A. Pre-application Conference , ' Comment: The applicant attended a Pre-Application Conference on June 29, 2004. A copy of the pre-application conference notes is attached as Appendi�c F. B. Application Requirements 1. Application Form Comment: A completed Land Use Permit Application Form has been submitted with this application 2. SubmittalInformation Comment: As required, the applicable sections of the Code have been addressed in the following narrative and the review fee has been submitted with this application. Two sets of pre-stamped and pre-addressed envelopes for all property owners of record as specified in Section 18.390.040C have been included with the application. The required impact study has been included with the application as Appendix G. SECTION 18.420 LAND PARTITIONS 18.420.050: Approval Criteria � A. Approval Criteria 1. T'he proposed partition complies with all statutory and ordinance requirements and regulations; , 4 . �. � i Comment: As discussed throughout this narrative,the proposed 3-lot partition � complies with all applicable development standards: 2. There are�adequate public facilities are available to serve the proposal; Comment: Existing public sanitary sewer, storm water, water, electric and communication lines on SW 135`�Avenue aze adequate to serve the proposed partition(See Appendix�. ' - 3. All pzoposed improvements�eet City and applicable agency standards;and Comment: As required, proposed extensions of the City's utilities to service to the subject site will be reviewed by the City Engineer for compliance with applicable agency standards. ' . 4. All proposed lots conform to the specific requirements below: a. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district. Comment: Th� proposed partition will create lots with mimimum lot sizes of 5,000 sq ft, and minimum lot widths of 50 feet: b. 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 calculation. ' Comment: The minirnum lot size for the subject site's R-'7 zone is 5,000 square feet. The proposed access easement for Pazcel 3, the flag.lot pazcel, vvill be,acliieved through a 'shared�access that runs through current.lot 1, and ' partially through Pazcel 2. Parcel 3 is 7,225 square feet, not including easement that will be shared with the other properties. T'herefore, the proposal meets the lot azea requirement of the applicable zoning district. c. 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. Comment: As indicated by Appendix B, Parcel 1 has approxirnately 115 feet of frontage on SW 135�' Avenue. The current 20-foot driveway extends 90 feet to the existing house. Parcel2 is accessed along the 60 feet of frontage on SW 135`�. The 20-foot driveway will extend 20 feet to the proposed house. Parcel 3 shares the driveway with the current access from Parcel 1, which first leads to the eacisting detached single residence for 48 feet, then veers to the northwest towazds parcel3. As shown by the attached plans, the applicant has provided off-street pazking for each lot within a garage or on a driveway serving the garage. d. Setbacks shall be as required by the applicable zoning district. Comment: The applicant does not propose to vary any setback requirement of the R-7 zone with this land use application. The attached Preliminary Partition Plan demonstrates that the proposed lots can be developed within the required setbacks of the R-7 zone(see Appendix B) 5 I i I e. When the partitioned lot is a flag lot, the developer may determine .the location of the front yazd, provided that no side yard is less tban 10 feet. ' Structures shall generally be located so as to maximize sepazation from existing structures. Comment: The attached plan assumes the eastem portion of Parcels 1, 2, and �'to be considered the front yazd for each pazceL f. 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 18.745.050. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation ' areas for proposed development. Comment: As required and shown on the attached Preliminar� Landscape Plan, a minimum four foot high shrub screen is proposed along the south and .west property lines of Pazce12. At the nocth property.line of Parcel2,�a shrub screen already exists. A shrub screen is also proposed for the south property lirie of Parcel3. ' ' g. 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. , Comment: The proposed accessway does not exceed 150 feet in length As , � shown by the attached plans, provisions will be made as set forth in Chapter � 18.705.030 I4. As required, this plan will be reviewed by the fire marshal to , determine if the site can be served by the existing fire hydrants in the area. � The current hydrants are located on the corner of SW 135`� Ave and SW Fern, and the corner of SW 135�Ave and SW Walnut. h. 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. Comment: As demonstrated by the attached plans, Parcel 3 will share a common drive with the current detached single residence on,Parcel 1. A reciprocal easement will be recorded with the approved partition map. S. Any accessway shall comply with the standards set forth in Chapter 18.705, Access, Egress, and Circulation. Comment: The applicant has addressed the applicable standazds of this section below. Also see attached Appendix B for the location of the shared driveway that meets the above-mentioned standazds. 6. Where landfill andlor development is allowed within or adjacent to the one- hundred-year floodplain, the City shall require consideration of the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. 6 � Comment: The subject site does not contain a hundred-yeaz floodplain, therefore, this standazd does not apply. , 7. 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. Comment: No variances are requested with this proposal. SECTTON 18.510 RESIDENTIAL ZOMNG DISTRICTS Section 18.510.040: Minimum and Magimum Densities A. Purpose � ' Comment: Tlie applicant is proposing to develop 21ots on the subject sfte. A current lot is already developed, and Appendi�c C shows plans for a fourth lot�. The net develdpable azea for the subject site requires minimum density of 3 lots and a maximum density of 4 , lots, therefore this proposal meets the density standards. As required,the applicant has addressed the minimum and maximum density requirements for the R-7 zone within the response to Chapter 18.715 below. . Section 18.510.050: Development Standards , � A. Compliance Required. All development must comply with: � ' 1. All of the applicable development standards contained in the underlying zoning , , district, except where the applicant has obtained vaziances or adjustments in accordance with Chapters 18.370. Comment: As required, the applicant meets the development standards of the R-7 zone. The attached Preliminary Landscape/Development Plan locates the existing residence within Parcel 1, and the approximate locations of the proposed building pads for Pazce12 and 3 in order to demonstrate compliance with the setback standards: As demonstrated by the attached plans, site coverage can be less than the 80% coverage tha.t is allowed. The plans also demonstrate that the garages for the proposed development will be at least 20 feet away from the property line. Areas of the lots that aze not developed with structures or an accessway will be landscaped to meet the 20% vegetation azea requirement. The applicant also does not propose to exceed the maximum building height standard of 35. The applicant does not request any variances or adjustment to City standards with this proposal. 2. All other applicable standards and requirements contained in this title. Comment: The narrative addresses all other applicable standards and requirements as outlined by the attached Pre-Application Conference Notes. B. Development Standards. Development standards in residential zoning districts are contained in Table 18.510.2. Comment: As required, the applicant has addressed the development standards of Table 18.510.2. 7 SECTION 18.705' ACCESS/EGRESS/CIRCULATION Section 18.705.030: General Provisions . A Continuing obligation of property owner Comment: Property owners will provide and maintain access in accordance with city code: B. Access plan requirements. � . . Comment: �As required, the applicant has provided a Preliminary Partition which shows how access, egress and circulation standards are met(see Appendix B). As demonstrated by Appendix B, the e�sting residence within Parcel 1 and Parcel 3 will share a driveway from 135�Avenue. Parcel2 will have a separate driveway that connects to 135�'Avenue. When future Parce14 will be developed, the access will be located on the south portion of the lot. The minimum access width fcsr the new lots is 15 feet and the minimum pavement is 15 feet, both of which have been provided with this application. C. Joint access. Comment: If the Preliminary Plat application is approved,the applicant will file a Record of Survey with the above-mentioned access easement and deeds with the City and Washington County to establish joint use of the accessway. D. Public street access � Comment: All vehicular access and egress�as required in sections 18.705.030H and � 18.705.030I shall connect directly with public street 135'�Ave approved by the city for public use and shall be maintained at the required standards on a continuous basis. E. Curb cuts. Comment: Curb cuts currently comply with Section 18.810.030 O. F. Required wallcway location. Comment: Walkways will comply with the standards of this subsection and provide connections between houses, driveways and sidewalk.s. �f a wallcway to Pazce13 crosses a vehicle access driveway, the crossing will be designed for pedestrian safety. G. Inadequate or hazardous access. Comment: The proposed plan does not appeaz to cause inadequate or hazazdous access, and will defer confirmation of this to the director. H. Access Mana.gement 1. 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 (depending on jurisdiction of facility.) 8 , � Comment: An Access Report verifying safety of the proposed accessway is shown on the Preliminary Partition, Appendix B , 2. Driveway shall not be permitted to be placed in the influence area of collector or arterial street intersections. Comment: The City of Tigard identifies SW 135�'Ave as a neighborhood street street. The proposed development fronting SW 135`�Ave is approximately 300 ft from the vehicular staging area of Walnut Street, a collector street. Therefore, the proposed access to the development is outside the influence area of the nearest collector street intersection. 3. The minimum spacing of driveways and streets along a collectar shall be 2Q0 feet. The minimum spacing of driveways and streets along an arterial shall be 600 feet. � Commen#: SW 135m Ave is categorized as a neighborhood street, and therefore, this.regulation does not apply. - � ' - . 4. The minimum spacing of local streets along a local street shall be 125 feet. � � Comment: We are not proposing the creation of an additional local street, therefore this provision does not apply. . I. Minimum access requirements for residential use. , � 1. Vehicular access and egress for single-family, duplex or attached single-fanaily ' dwelling units on mdividual lots and multi-family residential uses shaIl not be , : less than as provided in Table 18.705.1 and Table 18.705.2. Comment: As required, the application has provided a Preliminary Partition Plan which shows how access, egress and circulation standards are met Appendix B. As demonstrated by Appendix B, the existing residence within Parcel 1 will share a driveway with proposed Parcel3. Proposed Parcel2 will have access from a 20-foot driveway that connects to SW 135�Ave. As identified by Table 18.705.1 and Table 18.705.2 and as identified on the attached Pr�-Application Conference Notes, the minimum access width for the new lots is 15 feet and the minimum pavement width is 10 feet, both of which have been provided with this application. 3. Private residential access drives shall be provided 'm accordance with the provisions of the Uniform Fire Code. Comment: The proposed private drive will be provided and maintained in accordance with the provisions of the Uniform Fire Code. 4. Access drives in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus by on of the following: Comment: The proposed private drive is less than 150 $ in length. 9 SECTION 18 765 OFF-STREET PARKING & LOADING REQUIREMENTS � Section 18.765.020: Applicability of Provisions � A. New Const�uction Comment: As required, the applicant will provide off-street parking for the three lots propose�with this applicatioa At least one off-street parking spot will be accommodated on each lot in accordance with Section 18.765.070 either in a gazage or � in a paved azea adjacent to the drivew�.ys. , Section 18.755.030: General Provisions A. Vehicle pazking plan requirements ' Comment: At least one off-street parking space will be provided for each lot in accordance with Sections 18.765.070 either by a garage or parking stall adjacent to each residence in accordance with applicable standards. ` B. Location Qf vehicle parking Comment: As demonstrated by Appendix B, proposed off-street parking spaces will be , provided within each of the 31ots on the subject site. Section 18.765.040: General Design Standards , A,. Maintenance af parking areas . � , Comment: As required, the proposed parking areas will be kept clean and in good repair. B. Access Drives. With regazd to access to public streets from off-street parking: • 1. Access drives from the street to off-street parking or loading areas sha11 be designed and constructed to facilita.te the flow of traffic and provide maximum safety for pedestrian and vehicular traffic on the site: Comment: The proposed common driveway meets the minimum width standards of 10 feet to serve Pazcels 1 and 3 of the proposed lot partition. The proposed additional driveway to Pazce13 will allow enough room for cars to turn around safely. By allowing vehicles to turn azound before entering SW 135`�Ave, safety will be maximized for other vehicles and pedestrians on and offthe site. Each of the remaining stalls indicated on the Preliminary Partition Plan have sufficient azea to safely back out. 2. The number and size of access drives shall be in accordance with the requirements of Chapter 18.705, Access, Egress and Circulation. Comment: As identified in Table 18.705.1 and Table 18.705.2 and as identified on the attached Pre-Application Conference Notes, a minimum pavement width is 10 feet is required with this proposal partition. As allowed, the current driveway to Parcel 1 is 20 feet, and the contivation as a common driveway to Parcel 3 is 10 feet paved, and 5 feet of gravel. 10 1 I i ' 3. Access drives shall be clearly and permanently marked and defined through use � of rails; fences, walls or other barriers or markers on frontage not occupied by , service driver; . ' Comment: The proposed common driveway will be defined through use of plantings and screening shrubs as identified on the attached Preluninary Landscape Plan(Appendix E). , 4. Access drives shall have a minimum vision cleazance in accordance with Cha.pter 18.795, Vision Clearance; . � � Comment: The attached Preliminary Partition Plan identifies the vision ciearance area as defined by Chapter 18.795. , 5. Access drives shall be improved with an asphah or concrete surface; Comment: As required,the proposed drive will be paved with an asphalt surFace in accordance with City standards for single-fatnily residences. . , Section 18.765.050: Bicycle Parldng Design Standards , Comment: As identified by Table 18.765.2, no bicycle pazking standards apply to the proposed single-family detached dwelling units. � Section 18.765.070: Minimum and Maaimum Off-Street Pai-ldng Requirements Comment: As identified by Table 18.765.2, a minimum of 1 off street pazking space must . . be provided for the current and each of the 2 proposed single-family detached dwelling units. The at�ached Preliminary Partition Plan indicates that each of the proposed lots are provided with at least 1 off-street parking space (see Appendix B). SECTION 18.715 DENSITY COMPUTATIONS Section 18.715.020: Density Calculations A. Definition of net development azea. Net development area, in acres, shall be determined by subtracting the following land area(s) from the gross area, which is all of the land included in the legal description of the property to be developed: 4. All land proposed for private streets; Comment: When making density calculations, and as identified by City staff in the Pre-Application Conference Notes, the applicant has subtracted the area of the accessway when determining the net developable azea. 5. A lot at least the size required by the applicable base-zoning district, if an existing dwelting is to remain on site. Comment: When making density calculations, the applicant has subtracted 13,010 s.f. from the gross acreage of the site for the existing residence to remain on Parcel 1. 11 B. Calculating maxunum number of residential units. To calculate the maximum nwnber of residential units per acre, divide the number of square feet in the nest acres by the number of square feet required for each lot in the applicable zoning distric� Comment: The subject site has a gross area of 36,750 s.f.. The net area of 21,740 s.f. for the subject site is determined by subtracting 13,010 s.f(Parcel l with the existing � residence) and 2,000 s.f. (for the access way). By d.ividing 21,740 s.f(net Area)by 5,000 � s.£ (minimum lot size),the maximum number of residential units allowed on the subject site is 4. The applicant is proposing 2 new-detached dwelling units in the Net Development Area, therefore this standard has been met. - C. Calculating minimum number of residential units. As required by Section 18.510.040, the minimum number of residential units per acre shall be calculated by multiplying the maximum number of units determined in Subsection B above by 80% (0.8}. . Comment: By muhiplying 4 (Maximum number of Dwelling units) by 80% (0.80),the minimum number of residential units allowed on the subject site is 3. The applicant is proposing 2 new-detached dwelling units in the Net Development Area,and shows Appendix C,Plat for Future Development of a 3`�dwelling,and,therefore,this standard has been met. Section 1$.715.030: Residential Density Transfer , Comment: The applicant does not propose a Residential Density Transfer with this . application. . . . Section 18.745: Landscapin� and Screenin� Section 18.745.020: Applicability C. Site plan requirements Comment: As required, the applicant has submitted a Preliminary Landscape Plan showin�how the proposed development meets the landscaping and screening requirements of this section(Appendix E). Section 18.745.030: General Provisions Comment: All proposed landscapin�will be installed, maintained and pruned in accordance with the standards of this section. The applicant will protect existing vegetation to the extent possible during the construction process. Section 18.745.040: Street Trees A. Protection of existing vegetation 12 Comment: The proposed development fronts SW I35�'Ave, a public street, therefore street � trees are required. The attached Landscape Plan shows existing trees along SW 13 5"'Ave. frontage{see Appendix E). B. Size and spacing of street trees. 1. Landscaping in the front and exterior side yards shall include tre�s with a minimum caliper.of two inches at four feet in height as specified in the requirements stated in . section 18.745.040.C2 below; . , Comment: The existing and proposed street trees along the drive will meet this requirement, as shown on the attached Landscape Plan(see Appendix E). 2. The specific spacing of street trees by size of tree sha11 be as follows: Comment: The current trees will grow at least 40 feet tall and 35 feet wide at maturity and are spaced at approximately 30 feet on center as shown on the attached Preliminary Landscape Plan. The proposed trees will be spaced a�required by this regulation. Section 18.745.050: Buffering and Screening • � C. Buffering and screening requirements 5. Where screeuing is required the following standazds shall apply in addition to those for buffering:. , . � a. A hedge of narrow or broad leaf evergreen shrub shall be planted which . will form a four-foot cbntinuous screen of the height specified in Table 18.745.2 within two yeaz of planting; Comment: As identified by the attached Pre-Application Conference Notes, sight-obscuring screening is required along the proposed accessway within the subject site. The attached Preliminary Landscape Plan indicates that a minimum four-foot continuous hedge will be provided along the accessway as screening (Appendix E). Table 18.745.1 indicates that there are no required buffering standards between the existing single-family detached dwelling units that abut the subject site, and the proposed single-family detached dwelling units on the subject site. Therefore, as allowed,the applicant does not propose any buffering between the subject site and abutting lots. Section 18.730: Ezceptions to Develoument Standards Section 18.730.020: Egception to Building Height Limitations C. Building height and flag lots 1. Limitations on the placement of residential structures on flag lots apply when any of the follawing exist: b. A flag lot is created af�er April 15, 1985 by an approved partition; 13 � Comment: The proposed detached single-farnily residential structure on a 8ag lot will comply with the dimensional requirements of the zoning . district. � 2. The ma�mum height for an attached or detached single-family, duplex, or multiple- � fanuly residential structure on a flag lot or having sole access from an accessway, private dnve or easement is 1 % stories or 25 feet, whichever is less,except that the maximum height may be 2 '/Z stories or 35 feet, whichever is less provided; Comment: The proposed detached single-family resideatial structure on a flag lat � will not exceed the dimensional requirements of 2 '/z stories or 35 feet, wluchever is less, and the following will be provided: a The proposed dwelling otherwise complies with the applicable dimensional requirements of the zoning district; b. A 10 feet side yard will be preserved; , • c. All residential structures on abutting lots aze either located 50 feet or , more from the nearest point of the subject dwelling, or the structure exceeds 1 %z stories or 25 feet in height. , d. An agreement will be made to plant trees capable of mitigating direct view for any�rindows 15 feet or more above grade. F. Lot area for flag lots 1. The lot area for flag lot shall comply with the lot area requirements of the , applicable zoning district. � Coxnment: The proposed detached single-family residence sha}1 comply with the , lot area requirements of the applicable zoning district. 2. The lot area shall be provided entirely within the building site area exclusive of � any accessway. ' Comment: The proposed lot azea shall be provided within the building site area exctusive of any accessway(see Appendix B). Section 18.780: Signs Section 18.780.020: Permits Required A. Compliance with regulations: no sign or sign structure shall hereafter be erected, re- erected, constructed, structurally altered or relocated within the City limits except as provided by this title, and a permit for the same sign or sign structure has been issued by the director. Comment: Neither of the proposed lot partitions shall include or erect signs or sign structures. Section 18.790: Tree Removal Section 18.79Q.030: Tree Plan Requirement A. Tree plan required. A tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided for any lot, parcel or combination of 14 lots or parcels for which a development application for a subdivision, partition, site � development review,planned development or conditional use is filed. Protection is. prefened over removal wherever possble. Comment: As re+quired, the applicant has attached a Tree Plan prepared by a certified � arborist as Appendix L . B. Pla.n requirements. The tree plan shall include the following: 1. Identification of the location„size and species of all existing trees including trees 'design�ated significant by the city; Comment: The location and size of the existing trees are identified on the attached Tree Plan(Appendix I). • 2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper. Mitigation inust follow the replacement guidelines of Section 18.790.060D, in accordance with the following standards and shall be exclusive of trees required by other development code provisions for landscaping, streets and parking lots: , Comment: The applicant proposes to retain 78%of the trees over 12"in ealibur (7 out of 9) and does not require mitigation 3. Identifica.tion of alI trees which are proposed to be removed: � Comment: The Tree Plan identifies which of the existing trees will be removed , � (see Appendix I). . . 4. A protection program defining standazds and methods that will be used by the applicant to protect trees during and after construction. Comment: �As demonstrated by the attached Tree Plan, a protection plan to protect the existing trees has been identified. C. Subsequent tree removal. Comment: No trees have been removed within a period of one year prior to the proposed development. Section 18.790.050: Permit Applicability A. Removal permit required. Tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter�18.775. The permit for removal of a tree shall be processed as a Type I procedure, as governed by Section 18.390.030, using the following approval criteria; Comment: As determined by site reconnaissance and Clean Water Services, the subject � site does not contain any sensitive land azea(see Appendix�. Therefore, tree removal permits are not required for the proposed tree removals. 15 Section,18.795: Visual Clearance Areas Section 18.795.030: Vis�al Clearance Requirements , A. At corners. Except within the CBD zoning district a visual clearance area shall be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street, Comment:'As shown on the attached Preliminary Partition, a visual clearance azea will be maintained at the intersection of SW 135m Ave and the proposed common driveways serving the subject site(see Appendix B). B. Obstructions prohibited. Comment: As demonstrated on the attached Preliminary Landscape/Development Plan, ' the 20' wide common driveway serving Parcels 1 &3 will have unobstructed clear vision at both comers. The 20' wide driveway serving Parcel2 is unobstructe�c�, with a planned tree removal of the only obstructing tree. , Section 18.795.040: Computations , B. Non-arterial streets. � 1. Non-arterial streets 24 feet or more in width. At all urtersections of two non- arterial streets, non-arterial street and a driveway, and a non-arterial street or �� driveway and railroad where at least on of the streets or driveways is 24 feet or ' � more in width, a visual clearance area shall be a t�iangle formed by the right-of- way or property lines along such lots and a straight line joining the right-of-way � � or property line at points which are 30 feet distance from the intersection of the right-of-way line and measured along such lines: Comment: As mentioned previously, the applicant is proposing a 20-foot common driveway to access to Parcel2, and the site currently has a 20-foot access to Parcel 1. As required, the attached Preliminary Landscape/Development Plan locates the visual clearance area with a 30-foot triangle drawn along the front property line and centerline of the proposed driveway (see Appendix B). Section 18 510: Street and Utilitv Imarovement Standards Section 18.790.030: Streets A. Improvements Comments: The applicant has an existing 20' wide driveway to serve Pazcel 1. This driveway will also serve Parcel3. A proposed 10-foot wide common driveway from SW 135�`Ave will serve Pazcels 2. An easement will aLSO be recorded with the final plat to allow the adjacent property to the west access via the common driveway. As references by the Engineering Section of the Pre-Application Conference Notes (Appendix F), street improvements must include: 16 1) 16 feet of pavement from centerline: Preliminary measurinS ' � shows that this condition has already been met. � � ' 2) Concrete curb: Curbs currently exist and appeaz to be within � regulation 3) Storm sewers and other underground utilities: A storm sewer is lacated at the southern-end of the SW 135�Ave frontage, and underground utilities aze located under SW 135�'Ave. � , 4) 5-foot concret� sidewalk with planter skrip: The current sidewalk' ' for this portior�of SW 135'�Ave is 5 feet in width,but does not � contain a planter strip. Section 18.810.070 sites that planter strips aze not required where curbside sidewalks already exist on predominant portions of the street. . � 5) Street trees placed per TDC: The current stereet trees on the frontage of SW 135'�meet ciry requirements. Additional trees will be plaated along the proposed private driv�, as it will exceed 100 feet. 6) �Street signs,traffic control devices,streetlights, and a two-yeaz streetlight fee: If required, any applicable fees will be paid by the applicant. C. Creation of access easements. The approval authority may approve an access easement established by deed without full compliance with this title provided such as easement is the only ieasonable method by which a lot large enough to develop can be created: , 1. Access easements shall be provided'and maintained in accordance with the Uniform Fire Code Section 10.207; � 2. Access shall be in accordance with Sections 18.705.030H and 18.705.U30L. Comment: As addressed previously, the proposed accessway on the site will comply with the access, egress, and circulation standards. Section 18.810.050: Easements Comment: As indicated on the attached Preliminary Plat, easements for public utilities aze a minimum of 15 feet wide. These proposed easements will be dedicated in the deed restrictions and will be recorded with the Fina1 Pla.t. Section 18.810.060: Lots A. Size and shape 1. No lot sha11 contain part of an existing or pioposed public right-of-way within its dimensions; Comment: As demonstrated by the attached Preliminary Plat, no lots contain a public right-of-way in its dimensions. 17 i � � 2. The depth of all lots shall not exceed 2-1/2 times the average widtk�; unless the � , parcel is less than 1-1/2 times the maximum lot size of the appliea.ble zoning � district; Comment: The lot depth ofParcel2 is 90 feet, which is less than 2-1/2 times the lot width of 60 feet. The lot depth of Parcel3 is 115 feet,which is less than 2-1/2 • � times the average lot width of 63 feet. Therefore,-the proposed development meets this standard. B. Lot Frontage . Comment: As indicated by Appendix B, Parcel 1 has apgroximately 115 feet of frontage on SW 135`�Ave. Parcel2 is accessed along 60 feet of frontage on SW 13$�'Ave. This � access is provided in the form of a 20-foot easement. Parcel3 utilizes the accessway on Pazcel l. � _ � D. Lot side lines. . ' Comm.ent: As demonstrated by the attached plans,the side lines of the proposed lots are right angles to SW 135�'Ave. � � Section 18.810.070: Sidewalks , Gomment: SW 135�'Avenue currently has 5 foot sidewalks on the both the east and west , side of the street. There are no planter strip separations between the curb and sidewalk. Per � regulations, the planter strip is not required if the curbside sidewalks already exist on , � predominant portions of the street, as is the case. Section 18.810.080: Public Use Areas Comment: There aze no proposed public use areas with this application. Therefore, these standards do not apply. Section 18.810.090: Sanitary Sewers B. Sewer plan approval. The City Engineer shall approve all sanitary sewer plan and proposed systems prior to issuance of development permits involving sewer service. Comment: The applicant is proposing to extend the public sewer system through 15-foot easements on the subject site to serve the proposed development. Existing and proposed sewer mam lines, laterals and manholes are labeled on the attached city maps (see Appendix D). Detailed drawings will be submitted to the City Engineer for review prior when the applicant applies for building pernuts. Section 18.810.100: Storm Drainage A. General provisions. The Director and City Engineer shall issue a development permit only where adequate provisions for storm water and flood water runoff have been made, and; 18 i � , 1. The storm water dra.inage system shall be separate and independent of any sanitary sewerage system; Camment: As indicated on the attached city utility maps, the storm water ' drainage system is independent of the proposed sanitary sewerage system (see Appendix D). 2. Wh�te possible, inlets shall be provided so surface water is not carried across any intersections or allowed to flood aziy street;and Comment: As shown on the attached plans, a stormwater sewer is located on � 135'�in front of the properry: . 3. Surface water drainage shall be shown on every development proposal plan. ' . Comment: On the property, surface water is absorbed by current vegetation and has not shown to be signifiicant. . � Section 18.810.110: Bikeway Eatensions and Pedestrian Pathways . � A. B�ceway extension ' Comment: As a standard, b�ce lanes aze required along all Arterial and Collector routes or where identified by the City's bicycle plan. The subject site fronts SW 135m Ave, a local road,therefore b�1ce lanes aze not required with this development. SW 135'�Ave currently contains sidewalks. � � Section 18.810.120: Utilities � � A. Underground Utilities Comment: The existing residence remaining on Pazcel 1 is currently served by underground sewer and storm lines, and overhead cable,telephone, and electrical lines that aze within SW 135�'Ave. Pazcels 2 and 3 will be served by proposed underground sewer and storm lines that will connect to SW 135`�Ave underground. The applicant does propose to install the lateral electrical and communication lines to Pazcels 2 and 3 underground. Treated storm water will be discharged into the existing storm water system in SW 135`�Ave. B. Information on development pla�s Comment: As required, the attached Preliminary Utility Plan shows easements for all underground utility facilities in order for this proposal to be reviewed by the City Engineer. The applicant will not locate above ground equipment where it might obstruct vision clearance areas. D. Fee in-lieu of undergrounding. 1. The City Engineer sha11 establish utility service azeas in the City. All development which occurs within a utility service area shall pay a fee in-lieu of undergrounding for utilities if the development does not provide underground utilities, unless exempted by this code. 19 Comment: If required, the applicant will sign a non-remonstrative agreement � and pay a fee in-lieu cost to underground the overhead lines along SW 135`�Ave. Section 18.810.130: Cash�or Bond Required Comment: Before the issuance of development permits,the applicant will provide the required cash deposit or bond for the proposed improvement. � Section 18.810.140: Monuments . , � Comment: As required,the applicant will replaee all disturbed monuments prior to acceptance of the improvements. � Section 18.810.150: Installation Prerequisite Comment: As required,the applicant will receive approval and pay related fees before the public nnprovements work is underta.ken. Section 18.810.160: InstaDation Conformation Comment: As required; the applicant will install the public improvements per City standards. � � � Section 18.810.170: Plan Check Comment: As required,the applicant will not begin work until plans aad estima.tes have been submitted and reviewed by the City Engineer. Section 18.810.180: Notice to the City Comment: As required,the applicant will not begin work until the City has been notified in advance. Section 18.810.190: City Inspection , Comment: As required, the proposed improvements will be constxucted under inspection by the City. Section 18.810.2U0: Engineer's Certification Comment: As required, the applicant's engineer will submit written certification of the unprovements to the City. IV. SUMMARY AND CONCLUTIONS 20 Based on the above findings,the applicant has demonstrated compliance with the requirements of the relevant sections of the City of Tigard Development Code. 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I ..':� 1 . �� . . � Appendix A Existing Conditions Map Legend �}75� � O Trees with>6"caliper o `` � (( Contour Lines ° ��_ � � 0 0 0 � -- ---�- -- __- -- -- o 175 � O F�dsting house 210 � 3100sqft � O �i�y O , __- ---- ca � — O O a � O 0 '��.5th Ave ��drain Flow af waterDn street Name: Marion & Domini�u�e Alexander Phone: 503 590-406 Site Address: 12645 �UV 135th Ave Map & Tax Lot Number: 2S104BD-0100 Site Size: 36,700 Sq ft Date: 11/16/04 Zone: R-7 Scale: 1" = 50' Appendix B Preliminary Partition Legend O Trees wi�y 5' 175' � ��� \ � p � � � j Corrtour Lines % x � PROPOSED. HOUSE O Q ti PARCEL 3 Q �' o i �� � o EXISTING HOUSE N ( 31D0 sq ff f � � . . J\ � -� ; ��T�� � WALkWAY � O � � � PR�POSED W � = HOUSE � 'r� � ° � PARCEL2 . .� � `�' � 3 O O N O �, w�,� ROPOSE�RET. NINS'i W - - SIDEWALK �, �k1R8 135th Ave ————— ————— —————-- —————— CENTERLINE -CURB Name: Marion & Domix�ique Alexander - Phor�e: 5{?3 590-4i�6 Site Address: 12645 SW 135tk� Ave Map & Tax Lot Number. 2S104BD-0100 Site Size: 36,700 Sq ft Date: 11/16/04 Zone: R-7 Scale: 1" = 50' Appendix C Plat for Future Development Legend O Trees with�6` 175' � caliper � �`� �r i Conbour Lines � O PROPOSED HOUSE �� � PARCE PROPOSED I _ HOUSE ' Q� PARCEL3 � ����� 0 u� � j �� N o EXISTING HOUSE � � O N 3100sqR I � I _�r__ W'�,�«"Y O � � PROPOSED � HOUSE � 4 PARCEL2 � i � � O - O N O ROPOSED RET NING W L SIOEWALIC ��_ � �URB 135th Ave ——————— ——————————————— CENTERLINE �CURB Name: Marion & Dominique Alexander Phone: 503 590-406 Site Address: 12645 SW 135th Ave Map & Tax Lot Number: 2S104BD-0100 Site Size: 36,700 Sq ft Date: 11/16/04 Zone: R-7 Scale: 1" = 50' Appendix E Landscaping Plan Legend �� Trees to be planted 175' � o Trees with > 12" caliper � Trees to be removed � o 0 00 �00000 0 0 � o o Current shrubbery d � o o Proposed screening via plants � p I PROPOSED p � I HOUSE o � � I � PARCEL 3 o � gl � @ o t� q snea � �� o f I � � � N 0 0 0 0 0 ° � ° 0 0 , o � ' � I o 2,�O � 31 IOSOTINft HOUSE � � o 0 o � I /o� � 0 000 00 0000� 0000 � °----- o 0 0 I o 0 o �i�r � o ° � o o° B ° � ° � Carpo � O � � � e� l PROPOSE a HOUSE ° O � � o � PARCEL2 0 � � Q9 0 0 � o 0 O � � � � ��� 00000 0 - 135th Ave , � � � ' i i � � Name: Marion & Dominique Alexander Phone: 503 590-406 Site Address: 12645 SW 135th Ave Map & Tax Lot Number: 2S104BD-0100 Site Size: 36,700 Sq ft Date: 11/16/04 Zone: R-7 Scale: 1" = 50' f � 12i07�2004 11:46 503 846 3525 �'+•� 1_Dec_• 7 •_ 2004112_29PM PaCL.E WATER SERVICES 503_ 6814439 No•4358 P._.1 .,� ooi �- _.._ _. ,_,,.._��. ��� j=.:'' -.- �-- ;`� ( -� . �I�ti , ■ �';� NO V 3 � 2004 � F;�rr�� � � � , .�J' . . ��.,.: .. ' .. . � � `��.�r���� ��-. .. ... . . . . . . . . . ' . �e�nVVatier ��e�Y�� Sensltive Area Pre-Scraentr+g Site Assessn►ent ,, , pkr co�t+mihnent i. cle��. . . G'{�,� er 'C�,goe�d Date ►� d � Jurisd{ction 25�G�i8DOwnor � , Map&Taic 4at r;� e ne A��•,�a:.tid e.r Slte Address L��..�5—�-�K�,�— ,�ntact . Address ' � Proposed Actfvity i�a� � -",� _ � . -�o�8 Phone � . �� ��O� �AX C�o� +�9'�- 4 o S _ pMcJM use onlY De1o�+'thrs Ino Y N N/► . Y N NA Sensitive Area CAm�slte Map 5tarmwater t�frastructuce rnaps 0 � a �� .5r� , — C� ❑ � as�_ �3s Locally adapted siudfss or maps ��h� . C� ' � � � Sp�p�' ❑ C] speah► Basod on a�evtew of tho above informatlon� esolutlon a d O dsr N. o`e04-9 a�r . gervices Design and Constructton Staddards Sensftive areas pote�tfaNy ex(st.on stta'or withln ZO��SS t�CE OF A ERYICENr • � MUST PERF�R M A S i T E�E R��A ER C�N N C ON PERMIT. If Sensit ivs A rea s PROVIDER�ETTER OR STd exlst on the slte or w��lna 00 be equ�d�c�t prope r t l�s�a N a t u r a l R e s o u r c e s Assessment Rsport Y � Sensltive areaa do �ot appear to sxist an��t�t thatn1aedt o,�va uatatand prot{eat acreenlns slts assessment do�s NCT et�m na watec quality sensTHER s�lT�S�A�SEgSMENY 4R SERVIC� PROYIDE�t LETYER IS propsrty NG FUR ' R�QUIR�D.THIS �NN�CT ON �'E MtY. AUTHORIZATION TO ISSUE A srQRMWATER CO The qroposad act�vity doea +�4t m�et tha deflnitlo S a�QU1RED ent. NO SITE � q5se55MeNT GR S�RYtC� PROV�OER�.El'7EA� Cornmonts: • - Date: _.-- Revlowed By: Retur�ed to.ippjjcant Post-It"Fax Note 7671 ��t/� � 0 ��►/ M!!���ax edu�ter TO From /! �ik kylr�� Date $y� Gi CoJDept Co. i0�� �i PhonaB 1'hOnCprO���p/�T�QC ; ._ . c� p .7p � Fax f�14��H e � O Fax H J 7 �� Q. C o� � �� � . , Appendix G ' Impact Study � IMPACT STUDY A. INTRODUCTION Marion and Dominique Alexander, the applicants, are requesting approval of a 3 lot minor land partition of Tax Lot 01000 on Tax Map 1 S 126DC. The 0.84 acre subject site is zoned R-7 and is located within the City of Tigazd. The following narrative quantifies the effect of the proposed development on public facilities and services as required by Section 18.390.040(2)(e) of the Community Development Code. B. PROPOSED DEVELOPMENT'S IMPACT ON PUBLIC FACILITIES AND SERVICES 1. TRANSPORTATION SYSTEM IMPACT � COMI�IENT: An existing detached single-family residence is located in the northem portion of the subject site and the dwelling unit currently accesses SW 135�'Ave via a driveway in the � northwest portion of the site as shown on the attached Existing Conditions Map. The applicant proposes to retain the existing residence on Parcel 1 and partition two additional Parcels from the northem portion of the subject site (see Appendi�c B of application). An access easement from 135�' Ave is required to allow ingress/egress to the proposed Parcel2 (see Appendix B). The access easement for Parcel3 will be achieved by sharing the current easement access to existing residence, and e�ctending that easement to Parce13, a flag lot(see Appendix B}. As the property is zoned for 4-5 lots, Appendix C shows a shadow plot of how the minimum density will be achieved in the future with a fourth parcel on the southern portion of the lot, and an access easement continuing from access to Pazce13. The Washington County Functional Classification System Map identifies SW 135� as a neighborhood street. It is unlikely that the two new residence proposed with this development will generate enough vehicular trips to have a measurable impact on the existing street system, The proposed development fronting SW 135� Avenue is more than 300 feet from the vehicular staging area of Walnut Street, an collector street. Therefore, the proposed access to the development is outside the influence area of this arterial street intersection. 2. DRAINAGE SYSTEM IMPACT COI�IIVIENT: The existing residence remaining on Parcel 1 is currently served by the public storm system along SW 135`h Ave. The attached Preliminary Utility Plan indicates that Parce�s 1, 2 and 3 will be served by a proposed underground sewer lines tha.t will connect to SW 135`�Ave. The applicant will discharge treated storm water into the existing storm water system in SW 135�' Ave. It is not expected tha.t the addition of the two houses will have a significant impact on the drainage system. 3. PARK SYSTEM IMPACT CONIlVfENT: As mentioned previously, the applicant is proposing a 3-lot partition to develop two additional single-family residences. The subject site is located at 12645 SW 135�' Ave and a Vicinity Map indicating�the project's location has been attached with Appendix K. The City of Tigard Parks and Recreatiot�al Facilities Map indicates that the nearest park facility is Jack Park, about 0.67 miles from the subject site. The next closest park indicated by the City of Tigard Parks and Recreational Facilities Map is Summer Lake Park at 0.80 miles from the subject site, followed by Mary Woodward Elementary School 1.15 miles away, followed by Fowler Middle School 1.48 miles from the proposed development. It is not anticipated that the proposed development will have a measurable impact on parl�and recreational,sy,stem in the City. 4. WATER SYSTEM IMPACT CONiMENT: The existing residence remaining on Parcel l is cunently served by a water line main in SW 135`�Ave. The Utility Plan proposes tha.t ParceLs 2 and 3 connect to the water main in SW 135�' Ave through laterals within a utility easement. It is not anticipated that the proposed development will have a measurable impact on the water system. 5. SEWER SYSTEM IMPACT COT�IlvIENT: The existing residence on Parcel 1 is currently served by the public sewer system along SW 135�`Ave. The Utility Plan indicates tha.t Parcels 2 and 3 will aLso be served by sewer line laterals that will connect to SW 135�' Ave. It is not anticipated that the proposed development will have a measurable impact on the sewer system. 6. NOISE IMPACT� � � CONiNIENT: The subject site is zoned R-7 and the surrounding properties are zoned R-7 and are developed with detached single-family residences. As mentioned previously, the applicant proposes to develop two additional detached single-family residences, keeping in character with existing development in the area. As required, the applicant will construct the proposed development in a manner that complies with all applicable Federal, State and City noise performance standards. The proposed development should have no noise impacts to the surrounding neighborhood beyond the construction phase of the project. C. CONCLUSIONS Based on the above findings, the applicant has demonstrated that the proposed development can be served will have no serious impacts on existing City facilities and services. Therefore, the applicant's request should be approved. 1 I � � � . � - �rN►s '�c,���� V(V�15 ORqFT�� . : ApPendix B T� ��� S��ES c�Qr����G AKBva�sr Preliminary Partition , � CEQTiFiCWT,��'� #� PN -55�SR 0�.1 �i 2.o� .Zoo� ��` � -- ��� ERE�T �Ro7EG TroN SARRfFI�s ., S��` _a�ouvo # 4 - ARoLrvO �i*�. 175� —ARo�N9 #.1` AW� NE+6'r/BD�iRS,2,�'�F�. . -Akc��+4 trEi(�H4o3R5 �i- ��R TREFS � uExT ro LoT �t 2 � ��4 � . �.,_ 1 t I Proposed `� �R�t� Ak '�'H� FE���NG As GAR 7 ^ � � p �' 4 ',� house Lot3 �,,, as pos�,ale �RcM THE 7'R�E'I Qui�YS � 3 , O �( O y �,� �2 t��� I �E�F1a'VF. , ' � ' , s . ` � � 115' � p I ` 2�-"�''��R , � I ` f �s 2�� 31�OOsqft� � � � . ' � -� — .. � 15 � � � R��£, � � , . Propose � house � , I Lot2 � 2�"fQf F�Q � ; 90' � I ,,, ; �;��',� �.� N 'i� � �� � � I 2,�" B'F�R 11 ., i 12 � � i. �!.�, F�R O9 � �� / � �` ! I 1 \ i I � �� � i � '�-�� e.r f��. /�� Ct��,^�� 135th Ave ���10 l - P 2� + r�. - �4� h�.s re m�,1 Q ,�,. �ea.rw�-�� I I I I Name: Marion & Dominique Alexander Phone: 503 590-4063 Site Address: 12645 SW 135th Ave Map & Tax Lot Number: 2S104BD-010� Site Size: 36,700 Sq ft Date: 516/04 �one: R-7 Scale: 1" = 50' �. � y ' . . , , Tree Plan Size, species and condition of existing trees over 6" in diameter. 1. Pinus ponderosa, 2' 10" in diameter, in good health. �/ 2. Prunus cerasifera, 9" in diameter, to be removed. 3. Prur�us cerasifera, 11" in diameter, to be removed. , ' 4. Prunus cerasifera, 10" in diameter, in good health. , 5. Cedrus deodara., 10" in diameter, lap sided and leaning but ok health. � 6. Magnolia grandiflora, 12" in diameter, in good health. � 7.�Carya illinoensis, 6" in diameter, some rot at the base but vigorous. 8. Picea pungens, 1' 3" in diameter, in good health. � � 9. Prunus laurocerasus, 6" in diameter, leaning but good health. 10. Picea pungens, 1' 1" in diameter, in good health. � 11. Pinus ponderosa, 12" in diameter, topped because of power lines. 12. Pseudotsuga menziensii, 1' 10" in diameter, ok health. 13. Pseudotsuga menziensii, 1'�7" in diameter, to be removed. � 14. Pseudotsuga menziensii, 2' in diameter, in good health. 15. Malus hybrid, 1'3" in diameter, to be removed. `�J� 16. Malus hybrid, 10" in diameter, in good health. .� • , � tnternational society of Arboriculture � Avoiding Tree �amage� �uring Construction How Trees Are Dartiaged During Construction Physical injury to the trunk and �r,own: Construction equipment Can injure the above-ground portion of a tree by breaking branches, tearing the bark, and wounding the trunk. These injuries are permanent, and if extensive, can be fatal . cutting of roots: , The di gging and trenchin� that are necessary to construct a house and install underground utilities will like7y sever a portion of the roots of many trees in the area. �t is easy to appreciate the potenti,al for damage if you understand where roots grow. The roots of a mature tree extend far from the trunk of the tree. In fact� roots typically will be found growing a distance of 1-3 times the hei ght of the tree. The amount of damage a tree can suffer f�om root loss depends, in part, upon how close to the tree the cut is made. Severing one major root can cause the loss of 5-20% of the root system. The roots of a tree will extend far from the trunk and will be found mostly in the upper 6 to 10 i�ches of the.soil . Another problem that may result from root loss due to digging and trenching is that the potential for the trees to fall over is increased. The roots play a critical role in an�charing a tree. If the major support . roots are cut on one side of a tree, the tree may fall ar blow over. �ess damage is done to tree roots if utilities are tunneled under a tree rather than across the roots. soil compaction: An ideal soil for root growth and development is about 5096 pore space. These pores, the spaces between soil particles, are filled with water and air. The heavy equipment used in construction compacts the soil and can dramatically reduce the amount of pore space. This not only inhibits root growth and penetration but also decreases oxygen in the soil that is essential to the growth and function of the roots. smothering roots by adding soil : Most people.are surprised to learn that 90% of the fine roots that absorb water and minerals are in th+e upper 6-12 inches of soil . Roots require space, ai�, and water. Roots will grow best where these requirements are met, which is usually very near the soil surface. Piling soil over the root system or increasing the grade will smother the roots. zt only takes a few inches of added soil to kill a sensitive mature tree. sometimes small changes in the placement or desi gn of your house can make a great difference in whether a critical tree will survive. An alternative plan may be more friendly to the root system. For example, bridging over the roots may substitute for a conventional walkway. or, instead of Page 1 . , , ' , International Society of Arboriculture � trenching beside a tree for utility installation, tunneling under the root system is much less damaging. , ' Erecting Barriers: Because our ability to repair construction damage to trees is limited, it is vital that the trees be protected from injury. The single most important action you can take is to set up construction fences around all of the trees that are to remain. The fences should be placed as far out from the trunks of the trees as possible. As a general guideline, allow one foot of space from the trunk for each inch of trunk diameter. The intent is not merely to protect the above-ground portions of the trees but . also the root systems. Remember that the root systems extend much farther than the driplines of the trees. �nstruct the construction personnel to keep the fenced area clear of � building_materials, waste, and excess soil . No digging, trenching, or other soil disturbance should be allowed in the fenced area, Protective fences should be erected as far out from the trunks as �ossible in order to protect the root system.. , Limiting Access: � ' �f at• all possible, it is best to allow only one access route on and off the property. A11 contractors must be instructed where they,are permitted to drive and park their vehicles. often this same access drive will later serve as the route for utility wires� water lines, or the drivew�y. specify storage areas for equipment, soil � and construction materials. LTmit areas for burning (if permitted) , cement wash-out pits, and , � construction work zones. These areas should be away from protected trees. ' specifications � Get it in writing. All of the measures intended to protect your trees must � be written into the construction specifications. The written specifications should detail exactly what can and cannot be done to and around the trees. Each sub-contractor has to be made aware of the barriers, limitations, and specified work zones. It is a good idea to post signs as a reminder. Fines and penalties for violations should be built into the specifications. Not too surprisingly, sub-contractors are much more likely to adhere to the tree preservation clauses if their profit is at stake. The severity of the fines should be proportional to the potential damage to the trees, and should increase for multiple infractions. Maintaining Good Communications: It is important to work together as a team. You may share clear objectives with your arborist and your builder, but one sub-contractor can destroy your prudent efforts. construction damage to trees is often irreversible. visit the site at least once a day if possible. Your vigilance will pay off as workers learn to take your wishes seriously. Take photos at every stage of construction. zf any infraction of the specifications does occur, it wiTl be important to prove liability. Final stages It is not unusual to go to great_lengths to preserve trees during construction, only to have them injured during landscaping. �nstalling irrigation systems and rototilling planting beds are two ways the root systems of trees can be damaged. rtemember also that small increases in grade, as little as 2-6 inches, which place additional soil over the roots can be devastating to your trees. Careful planning and communicating with landscape designers and contractors is just as important as avoiding tree damage during construction. . Page 2 I • � . . � �nternational society of Arboriculture � Post-Construction T�.ee Maintenance: Your trees will ' require several years to adjust to the injury and environmental changes that occur during construction. stressed trees are more prone to health problems such as disease and insect infestations. Talk to your arborist about continued maintenante for your trees. Continue to monitor your trees. and have them periodically evaluated for declining health or safety hazards. � 1995 InternationaT Society of A�lioriculture. UPDATED ]ULY �003 ' ' � � znternational Society of ,4rboriculture 2003 P.O. Box 3129, Champai�n, IL 61826 Email comments & questions to isa@isa-arbor.com , � � . � � . , . Page 3 . . � PRE-APPLICATION �` ' � CONFERENCE REQUEST CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297 GENERAL INFORMATION � Z, �,,� � �i �` '� �� FOR STAFF USE ONLY Applicant: .�� � �� � C��� -� �i��C� Address: ����f� 51�� /�? � �.;'�Phone: ���2c1�4- c?��v 3 �7 Case No.: ' City:�y�,��'/?�� , �� Zip: ���� � Receipt No.: �08 .-Z, 3/0 � � ��-33p -�/y�' Application Accepted By: �-- Contact Person: � ��-'u�•���'l�.�' ��"lf�"��-phone: ` Date: �� l'��� Property Owner/Deed Holder(s): ' �' `' � _ /'��j�,� DATE OF PRE-APP.: �l Z G cJ TIME OF PRE-APP.: ,�� �"'"� Address: Phone: PRE-APP. HELD WITH: City: Z�p: Re� it/812002 i:�curpin\masters�revised\Pre•AppRequest.doc Property Address/Location(s): • � ��� ����� � �'��� REQUIRED SUBMITTAL ELEMENTS (Note: appfications will not be accepted (�, without the requi�ed submittal elements) Tax Map & Tax Lot#(s):__ ,?- � /� L� / � � - ���� Zoning: �\ - � ❑ Pre-Application Conf. Request Form Site Size: � Q(''�' 3 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-aqplication 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 9:00-11:00 AM. ❑ Topographic Information. Include Contour Lines if Possible. PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ the Pre-Application Conference � for PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM a NOPOLE project, applicant 8:00-4:00/MONDAY-FRIDAY. must a h a cop the letter and proof in th m of an affidavit of IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE mailing, collocation protocol PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE was c pleted (se ection 18.798.080 INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOAA of e Tigard Commun Development ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE ode). GROUP. ❑ Filing Fee $287.00 Pre-Apps (CD Meetings) ��ne 2004_� S M T W T F S , 1 2 3 4 5 � 6 7 8 9 10 11 12 I ! 13 14 15 16 17 18 19' , 20 21 22 23 24 25 26 27 28 29 30 Tuesday, June 29, 2004 _� ' s:oo 8:30 9:00 Pre-app Dominique & Marion Alexander 503-330-7143 12645 ,I SW 135th Ave. MLP 9:30 ' 10:00 Pre-app appt I 10:30 11:00 11:30 12:00 12:30 1:00 1:30 2:00 2:30 3:00 3:30 4:00 4:30 5:00 5:30 6:00 10:52AM Wednesday,June 02,2004 June 1St, 2004 Dear Sir/Madam: My name is Dominique Alexander and I live at 12645 SW 135th Ave., Tigard, OR 97223. My husband and I are submitting thc sitc plan for a small partition of our property located at the above address. We intend to have 2 new lots, where we are going to build 2 new houses. We are open to listen to your expertise in order to come up with the best solution for the driveway (especially for the proposed new house on the back). We will need your help, not only to stay with the codes, but also to find the most cost efficient result. We will be going on vacation from June 14th to June 28`h. Please schedule the conference any time after that, from Tuesday to Friday, preferably in the morning. If you have any questions you can reach me at 503-590-4063 or my cell 503-330-7143. Sincerely, L�j'�'Z�u�u xr�2� _ �5`� . `� ���-- Dominique Alexander _____.–��_.• _- �' I I —�—��. `__ __--.'.___ ._._+..�_.1�._ .. _ _.�T__�_1�Y___.'_'_ . � i _I __t�.1.___-}—�� y1�� � � 1 � � ` __ I_�"–_ _�_'_. _ �_ N _ , Pn _ �d�AC.tn+ Hel�sC)a5' �ajac���+- ti•tiu�25' fii�n/t - j ,L 1 q' ���JE 3f," ��rJE . ye., ��uM ad" P��E 1 10' �z"Ptam �x io pi�C - ---- (00` r� .. 51" P�um �3 5� P,�JE � �ro� � i ��° r�N� �� a��� �EAR ���n�� y � g�" M0.GdCL�A yg,• qPPLE �tYOPOSrfD � �� � � io' �++J¢ 10 '30" APPtE �bl��t 1� ���I�InI� �j� UNKIJ{�W/J c �RoRxEb I �r�cPc�cD PR�PosCD 3t" p,�� 5►+auelreeE � ��V&rJAY � . Fbal)C i,�t��cw�� � �_ �'x�sh� -fi-- f� '- ���Q�"`� ar"rc,y�� � i � — �� ( : `10� Qj. 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I EX�c+i� EY� no clr�veKJAs kJ"41Kw:%v� � � ha�1�, < '7(� 7 � 3ie : r S9�`- 1 5� � �� � S I "� A��u(��� i�rc.,;:� �?'� ' ���Jr� J_ .���,�U 12C �,� �o, 'li 0� ` - < -r+' > 'L� `' �^ -�- -�, - � �. �i �� � f 'j� I,�l;x�o n �'/��y �� { S��rcl � ��E'S S ��IJC_/ l ' �1.��e"Ur J — — --------..._.._...._ _ , �.10' � , ' Ad��a�e.�t heu�e j:�5 ' 15' h ll� • , IJi4��E : N1c�-v�c,� �' Dorn•.�,< <t� Alc'tn•1d?� �I-lon:�: C5b3) ,qa-�c�3 �(�A I��f� � T si rC r�R[�s'. �zfc�l-S" s�J �35 A��•��E � i/l W � ---.._. ... ..__ ___----------�.--------------------.__.�---- m I�('a� Tw x w�' �h,�.m Ci�2.'��'j% t7`� �1�_e� c5 c;p Fo►� F ur�c r�-E ---_ _ S�rG S�ZC'. 3�u,'�5U St�uc�re �ctf. ------— —_ ���o P�t c� ��TE: ��z��o�� Zo�.- �-� � 5�,�zE�. .��� _ ��- — � � PRE-APPLICATI�N CONFEREHCE NOTES , ➢ ENGINEERING SECTI�N Q �'"°nnry�°�,°° SFiapingA BetterC�munity PUBLIC fACILITIES Tex Map[Sl: 2S104BD Tex lot[Sl: 00100 Use i�lpe: MLP The extent of necessary public improvements and dedications which shall be required of the applicant will be recommended by City staff and subject to approval by the appropriate authority. There will be no final recommendation to the decision making authority on behalf of the City staff until all concerned commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your proposed project. Riqht-of-wav 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 135th Avenue to 27 feet from centerline ❑ SW to feet ❑ SW to feet ❑ SW to feet Street improvements: � Half street improvements will be necessary along SW 135th Avenue, to include: � 16 feet of pavement from centerline � concrete curb � storm sewers and other underground utilities � 5-foot concrete sidewalk with planter strip � street trees spaced per TDC � street signs, traffic control devices, streetlights and a two-year streetlight fee. ❑ Other: CIT110F T16ARD Pre-Applicatlen C�meronce Notes P'ge 1 N 6 Epi�e�rl�!��r�rt��et S�ctl�� ❑ 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 ❑ -foot concrete sidewalk ❑ street trees ❑ street signs, traffic control devices, streetlights and a two-year streetlight fee. CITY OF TIGARD Pre-ApplicatlM C�Nerooce N�tes Page 2�t 6 Eill���rlq Ds�at���tS�etln ❑ Other: A�c reement 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.) 135th Avenue �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 $ 35.00 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 135'n Avenue. Prior to final qlat approval, the applicant shall either place these utilities underground, or pay the fee in-lieu described above. Sanitarv Sewers: The nearest sanitary sewer line to this property is a(n) 8 inch line which is located 135th Avenue. The proposed development must be connected to a public sanitary sewer. It is the developer's responsibility to provide separate connections to the public sewer. Water Supplv: The City of Tiqard (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. wa 1-C,`� /�/(�7�L-S �b �E l�(�C,�/� �}� �ffE lU(j)2�{-J Fire Protection: �Na O F �r�� ����� ` y �� ��� N�w L�S 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 CITY OF T16ARD Pre-Appllcatlon Comerence N�tes Page 3 tl 6 Elqle��rin!�O�arts��t S�Ctla drainage plan for the site, ; may be required to prepare a su' �sin drainage analysis to ensure that the proposed system wil� accommodate runoff from upstream properties when fully developed. Defention is required if net, new impervious surface area exceeds 5000 square feet. A fee-in-lieu is available for partitions. 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. 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 buildinq permit issuance. In limited circumstances, payment of the TIF inay be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible o� when the TIF is greater than $5,000.00. Pay the TIF CITY OF i16ARD Pro-Applicatlon C�mer�nce N�tes Page 4 N 6 Figl�urlq��I�rtMat S�etln PERMITS Public Facilitv Improvement fPFI) 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. NOTE: Engineering Staff time will also be tracked for any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI permit application. This time will be considered part of the administration of the eventual PFI permit. 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. Buildinq Division Permits: The following is a brief overview of the type of permits issued by the Building Division. For a more detailed explanation of these permits, please contact the Development Services Counter at 503-639-4171, ext. 304. Site Improvement Permit (SIT). This permit is generally issued for all new commercial, industrial and multi-family projects. This permit will also be required for land partitions where lot grading and private utility work is required. This permit covers all on-site preparation, grading and utility work. Home builders will also be required to obtain a SIT permit for grading work in cases where the lot they are working on has slopes in excess of 20°/a and foundation excavation material is not to be hauled from the site. Building Permit (BUP). This permit covers only the construction of the building and is issued after, or concurrently with, the SIT permit. Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all work necessary for building construction, including sub-trades (excludes grading, etc.). This permit can not be issued in a subdivision until the public improvements are substantially complete and a mylar copy of the recorded plat has been returned by the applicant to the City. For a land partition, the applicant must obtain an Engineering Permit, if required, and return a mylar copy of the recorded plat to the City prior to issuance of this permit. Other Permits. There are other special permits, such as mechanical, electrical and plumbing that may also be required. Contact the Development Services Counter for more information. CITY OF TI6ARD Pro-Applicatl�n Cemeronce Notes Page 5 of 6 Eql���rl���spute��t S�etla :� GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS All subdivision projects shall require a proposed grading plan prepared by the design engineer. The engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as well as lots that have natural slopes in excess of 20%. This information will be necessary in determining if special grading inspections will be required when the lots develop. The design engineer will also be required to shade all structural fill areas on the construction plans. In addition, each homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall include topographical contours and indicate the elevations of the corners of the lot. The builder shall also indicate the proposed elevations at the four corners of the building. , PREPARED BY: , ;.� -r-�.�t� ���' '. ���; ' � ' '.�_ __ ' � � � .� � .� ENGINEERING DEPARTMENT STAFF DATE Phone: [5031639�4171 Fax: [50316240152 document3 Revised: September 2,2003 � .i CIiY OF TI6ARD Pro-Applicadrn C�Meronce N�tes Page 6 of 6 Fi��■•.n���.r�rt�.n s.etl•. � PUBLIC FACILITY PLAN Projecf: COMPLETENESS CHECKUST Date: GRADING ❑ Existin and ro osed contours shown. ❑ Are there radin im acts on ad�acent arcels? ❑ Ad�acent arcel rades shown. ❑ Geotech stud submitted? STREETISSUES ❑ Ri ht-of-wa clearl shown. ❑ Centerline of street s clearl shown. ❑ ' Street name s shown. ❑ Existin / ro osed curb or ed e of avement shown. ❑ Street rofiles shown. ❑ Future Street Plan: Must show street profiles, topo on ad�acent arcel s , etc. ❑ Tra�c Im act and/or Access Re ort ❑ Street rades com liant? ❑ Street/ROW widths dimensioned and a ro riate? ❑ Private Streets? Less than 6 lots and width a ro riate? ❑ Other: SANITARY SEWER ISSUES ❑ Existin / ro osed lines shown. ❑ Stubs to ad'acent arcels re uired/shown? WATER ISSUES ❑ Existin / ro osed lines w/sizes noted? ❑ Existin / ro osed fire h drants shown? ❑ Pro osed meter location and size shown? ❑ Pro osed fire rotection s stem shown? STORM DRAINAGE AND WATER QUALITY ISSUES ❑ Existin / ro osed lines shown? ❑ Preliminary sizing calcs for water quality/detention rovided? ❑ Water ualit /detention facilit shown on lans? ❑ Area for facilit match re uirements from calcs? ❑ Facilit shown outside an wetland buffer? ❑ Storm stubs to ad�acent arcels re uired/shown? The submittal is hereby deemed ❑ COMPLETE ❑ INCOMPLETE BY Date: REVISED 04/06/04 `, 4 � CITY 4F TIGARD PRE-APPLICATION CONFERENCE N�TES �oM u�n��peve(opme�nt .SFtnpittgll BetterCommunity (Pre Application Meeting Notes are Yalid for Six (6) Months), RESIDENTIAL J __ :._ _. __-- _-=„r ---_ _== _ �A�� f�fP.tv�G D�E �� Z°!�—� '�" ' ����_ v' APPLICANT: �r ��.c[� � /y1�',�,•t l.r�ce+��uQ,ew^ AGENT: Phone: ( ) Phone: ( ) PROPERTY LOCATION: ADDRESS/GENERAL LO(ATION: i��J , ' ,�Ge� �3��`� �•T- TAX MAP(S)/LOT #(S): �S�c9�/�D-a f� � NECESSARY APPLICATIONS:�7�//G��,��1a•� ��dC j��f� PROPOSAL DESCRIPTION: _����f'�,v-,� COMPREHENSIVE PLAN � - MAP DESIGNATION: ���«„-f 1=i�?�i �� ZONING MAP DESIGNATION: t�7 , CITIZEN INVOLVEMENT TEAM (C.I.T.)AREA: Lc,....�— ZONIN6 DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18. s�c7 ) MINIMUM LOT SIZE: .�.�sq. ft. Average Min. lot width:�ft. Max. building height:�ft. Setbacks: Front�ft. Side ..S' ft. Rear /�ft. Corner��ft. from street. MAXIMUM SITE COVERAGE: _�% Minimum landscaped or natural vegetation area: � %. GARAGES:�ft. ❑ NEIGNBORNOOD MEETIN6 [Refer to the Neighborhood Meeting NandouU THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, THE MEMBERS OF ANY LAND USE SUBCOMMITTEE(S), AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two (2) weeks between the mailing date and the meeting date is required. Please review the Land Use Notification handout concerning site posting and the meeting notice. 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 Applica�aYRanning Division Section � MARRATIVE [Ref�r to Code Chapter 18.3901 The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address 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 SiUDY [Refer to Code Sections 18.390.040 and 18.390.0501 As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE AN IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the development on public facilities and services. The study shall address, at a minimum, the transportation system, including bikeways, the drainage system, the parks system, the water system, the sewer system and the noise impacts of the development. For each public facility system and type of impact, the study shall propose improvements necessary to meet City standards, and to minimize the impact of the development on the public at large, public facilities systems, and affected private property users. In situations where the Community Development Code requires the dedication of�eal property interests, the applicant shall either specifically concur with the dedication requirement, or provide evidence which supports the conclusion that the real property dedication requirement is not roughly proportional to the projected impacts of the development. ,�ACCESS [Refer to Chapters 18.705 and 18.7651 � Minimum number of accesses: Minimum access width: / S Minimum pavement width: �� � ❑ WALKWAY REQUIREMENTS [Refer to Code Chapter 18.T051 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 CALCULATtON [Refer to Code Chapier 18.7151-SEE ERAMPLE 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 a�ea is calculated by subtracting the following land area(s)from the gross site area: All sensitive lands areas includinq: ➢ Land within the 100-year floodplain; ➢ Slopes exceeding 25%; ➢ Drainageways; and ➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. Public riqht-of-way dedication: ➢ Single-family allocate 20% of gross acres for public facilities; or ➢ Multi-family allocate 15% of gross acres for public facilities; or ➢ If available, the actual public facility square footage can be used for deduction. E1(AMPLE OF RESIDENTIAL DENSITY CALCULATIONS: EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITN NO DEDUCTION FOR SENSITIVE LANDS Single-Family Multl-Family 43,560 sq.ft. of gross site area 43,560 sq.ft. of gross site area 8,712 sq. ft. (20%)for public right-of-way 6,534 sq. ft. (15%)for public right-of-wav NET: 34,848 square feet NET: 37,026 square feet - 3,050(minimum lot areaj - 3,050(minimum lot area) = i�ADnita er cre = . mts er cre �Tde Berelopment C�Ae requires tliat the nN site uea wdst for the o�xt wUele dwellinp nnit NO ROUNDIN6 UP IS PEBMRTEB. �Nfmimdm Pnkct Bens�l is 80X N tbe�a0owe�dena�.TO 6ETERMINE TNIS STANDABB,MOITIPI�iHE MIUUMOM NUMBE�OF�NfiS Br.i. CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9 Residen0a�App6catioNPiannirg oirision section - ❑ SPECIAL SETBACKS [Refer ta 6ode Section 18.7301 ➢ STREETS: feet from the centerline of ➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures. ➢ ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained between each dwelling unit or garage. ➢ MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family residential developments. ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines. ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size. [See applicable ioning disUict for the pnmary siructurea'setback requirements.l � FLAG LOT BUILDIN6 HEI6NT PROYISIONS [Refer to Codo Chapter 18.7301 MAXIMUM HEIGHT OF 1'/2 STORIES or 25 feet, whichever is less in most zones; 2'/z stories, or 35 feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are satisfied. ❑ BUF'FERIN6 AND SCREENIN6 [Refer ta 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 wafkways. Additionat 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 a(ong 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 18.745,18.765 and 18.1051 STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR PRIVATE STREET as well as driveways which are more than�eet 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 b�anching width of the proposed tree species at maturity. Further information on regulations affecting street trees may be obtained from the Planning Division. A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED in and around all parking areas in order to provide a vegetative canopy effect_ Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. ❑ RECYCLING [Refer to Code Chapter 18J551 Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such as at the intersection of 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 Residensal Appica6orVPlanrang Division secY«i � PARKIM6 [Refer to Cod�Chapters 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 One �1� space per unit less than 500 square feet. ➢ Multiple-family.........Requires: 1.25 spaces per unit for 1 bedroom; 1.5 spaces per unit for 2 bedrooms; and 1.75 spaces per unit for 3 bedrooms. Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of guests and shall consist of 15°/a of the total required parking. NO MORE THAN 50% OF REQUIRED SPACES MAY BE DEStGNATED 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 18.1651 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. ❑ SENSITIYE LANDS [Refer te Code Chapter 18.7151 The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre- application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas meetinq the definitions of sensitive lands must be cleay 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 te Codc Secdon 18.715.O70.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 tie based upon field exploration and investigation and shall include specific recommendations for achieving the requirements of Section 18.775.080.C. ❑ CLEANWATER SERVICES[CWSI BUFFER STANDARDS [Refer to R&0 96-44/USA Regulauona-Chapt�r 3l LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a vegetated comdor for a buffer wide enough to protect the water quality functioning of the sensitive area. Design Cnteria: 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 AppbcaloNPlanning Oivisan Section TABLE 3.1 VE6ETATED CORRiDOR WIDTNS SOURCE: CWS DES16N AND CONSTRUCTION STANDARDS MANUAURESOLUTION a ORDER 96-44 SLOPE ADJACENT WIDTH OF VEGETATED SENSITIVE AREA DEFINITION TO SENSITIVE AREA� � CORRIDOR PER SIDE2 - — _ _ --- • Streams with intermittent flow draining: c25% � 10 to <50 acres 15 feet � >50 to <100 acres 25 feet ♦ Existing or created wetlands <0.5 acre 25 feet . Existing or created wetlands >0.5 acre <25% 50 feet ♦ Rivers, streams, and springs with year-round flow • Streams with intermittent flow draining >100 acres • Natural lakes and onds • Streams with intermittent flow draining: >25% 30 feet � 10 to <50 acres � >50 to <100 acres 50 feet ♦ Existing or created wetlands >25% Variabfe from 50-200 feet. Measure • Rivers, streams, and springs with year-round flow in 25-foot increments from the starting ♦ Streams with intermittent flow draining >100 acres point to the top of ravine(break in • Natural lakes and ponds <25%slope), add 35 feet past the top of ravine3 Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protecGon. Intermittent springs, located a minimum of 15 feet within the�ver/stream or wetland vegetated corridor,shall not serve as a starting point for measurement. �l/egetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condi6on. 3The vegetated cortidor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to 15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine. Restrictions in the Veqetate Co�ridor: N� structures, development, construction activities, gardens, lawns, application of chemicals, dumping of any materials of any kind, or other activities shall be permitted which otherwise detract from the water quality protection provided by the vegetated corridor, except as provided for in fhe 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 shatl 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 to Code Chapter 18.78A1 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 REMOVAI PLAN REQUIREMENTS [Ref�r to Code Seciion 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, �artition, site development review, planned development, or conditional use is filed. Protection is preferred over removal where possible. CITY OF TIGARD Pr�Application Conference Notes Page 5 of 9 Residential AppYcatioNPlauwig Oivision Section THE TREE PLAN SHALL INCLUDE the foilowing: ➢ Identification of the location, size, species, and condition of all existing trees greater than 6- inch caliper. ➢ ldentification 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 excfusive of trees required by other development code provisions for landscaping, streets and parking lots: . Retainage of less than 25% of existing trees over 12 inches in caliper requires a mitigation program according to Section 18.150.070.D. of no net loss of trees; . Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D_; . Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that 50°/a 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 dunng and after construction. TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be replaced according to Section 18.790.060.D. �MITIGATION [Refer to Code Section 18.790.060.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 BETWEEN THREE (3) AND EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size of the required clear vision area depends upon the abutting streeYs functional classification and any existing obstructions within the clear vision area. The applicant shall show the clear vision areas on the site plan, and identify any obstructions in these areas. CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9 ResidenOal r�ppicaGOnlPlanoing Division seceon � � FUTURE STREEi PIAN AND El(TTENSION OF STREETS [Refer to Cede Sectioa 18.810.030.fJ A FUTURE STREET PLAN shall: ➢ Be filed by the applicant in conjunction with an applicatian 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. � ADDn10MAl LOT DIMENSIONAL REQUIREMEMTS [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 Sectlon 18.810.0901 The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured along the right-of-way center line except where street location is precluded by natural topography, wetlands or other bodies of water or, pre-existing development. When block lengths greater than 330 feet are permitted, pedestrianlbikeways shall be provided through the block. CODE CHAPTERS _ 18.330(c«,ai�u�} 18.620�rgaro T�►���n s��) k 18.765(onsv�t P�x��d�R�y��,�) _ 18.340(��rectors�ntierpretaeon) 18.630(wasn�yton syuare Reyana��enter) _ 18.775(sensrtnre�ands Re�ew) _ 18.350�P�,�a��b�,c� k 18.705�n�y�c����� ?� 18.780�sg�� _ 18.360(s�te�eve�oprr�ent Review) �S.7'I O(Accessory Residentlal Units) 1 H.78�J(Temporary Use Pertmts) _ 18.370(varianc�Ad)ustrnents) x 18.715���,�ny co►n��� � 18.790(rree Remova� _ 18.380(Zonirg Mapliext Amendmen�s) 18.720(�esgn Compabbiliry Star�dards) k 18.795(V'aual Clearanoe Areas) 18.385�n��P�� 18.725(Enviroomenra�Pertormance standards) _ 18.798(w�ne�ess corrrr�unication Faatities) .� 18.390��n��P�o��n�aa sn,ay� 18.730���To oe��c sr���� � 18.810(street s uwity�nent standards) _ 18.410�a i.:�aa�a> 18.740�H�c«�a�y� _ !C 18.420���a P�� 18.742�ri«�o�,��o�,P�� _ 18.430�s��a�� � 18.745 t�p�,y a s«��s���� � 18.510�R�de��i za,�„y o�a;�� 18.750(►u�anu�ac�uuredm�ob�t�orrie Reyu�aeor�s) _ 18.520�co�z«,���� 18.755(►vroced soud wastemecyc�ny storaye) _ 18.530 p��i z��o�� 18.760�N«,00�t«„�,y sn�eo�,s► CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9 Residen6al AppKcatiorJRarxw�g Division SecGai • ADDITIONAL CONCERNS OR COMMENTS: • S�� � �-r��L-�Q ��-� �� �«� �`o �r�^c �c.e.�.� k,�.y- ---�.--�---�. o rr��7'-- aLC. �. �OrtiC��C _ � .S Lwe.��/PJ^d�V'ZAY n .S��d�. _L�?�l�C( �[�' /l[i iJ_ d��u��V i ��v dc sst�� � .G.�.�`t�.� � T✓`�.l.[u�s�.r.�'✓ n! � �"�_�S �.�sr�s � �.�c����f-c� S �1�czr d� � .-e-r� 1�ae-�-. - .5<<Ayt,e.� 3- Ccfli�- 09' t��u�c}'-e e�D��.r�l � r � . � . PROCEDUR� Administrative Staff Review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATIOM 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 dropped off at the counter without Planning Division acceptance may be returned. The Planning counter closes at 4:00 PM. Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (1). 8'/2" x 11" map of a proposed project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maes 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-Applica6on Conference Notes Page 8 of 9 Resaential nPpGca6a,lPlannfng Divisia,sectia� The administrative decisio�� 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 appeal per od follows all land�e isions. An appeal on this matter would be heard by the Tigard c% . A basic flow chart which illustrates the review process s availabl om the Plan ing 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 #he prospective applicant of the primary Community Development Code requirements applicable to the potential development of a particular site and to allow the City staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. SUBDIYISION PLAT NAME RESERUATION [County Surveyor'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. BUILDING PERMITS PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by the Building Division will not be granted until there is compliance with all conditions of development approval. These pre-application notes do not include comments from the Building Division. For proposed buildings or modifications to existing buildings, it is recommended to contact a Building Division Plans Examiner to determine if there are building code issues that would prevent the structure from being constructed, as proposed. Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be demolished has system development charge (SDC) credits and the underlying parcel for that structure will be eliminated when the new plat is recorded, the Cit 's olic is to a I those s stem development credits to the first building permit 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 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 applicable standards or requirements. It is recommended that a pros_pectiye applicant either obtain and read tt�e Community Development Code or ask an questions of City staff.relative to Code requirements prior to submitting an application. AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as unnecessary by the Planning Division). � PREPARED BY: �- CITY OF IGAR PLA IYISION - ST F ERSON HOLDING PRE-APP. MEETING PHONE: (543) 639-4111 FAX: (503) 684-1291 E-MAII: (stafl's fiat n�me)@a.tigard.or.us TITLE 18(CITY OF TIGARD'S C4MMUNITT DEYELOPMENT CODE)INTERNET ADDRESS: WWW.CI.tigard.01'.US H:Ipatty4nasterslPr�App Notes Residential.doc Updated: 26-Jun-02 (Engineering section:preapp.eng) CITY OF TIGARD Pre-Application Conterence Notes Page 9 of g Residential appica9oNRaruiirg oivision sersm �-�L P��;n�-�-�.�,�,� � City of Tigard �� 13125 SW Hall Blvd. Tigard, OR 97223 � Phone: 503-639-4171 ' � � FAX TRANSMITTAL Date June 8, 2006 Nwnber of pages including cover sheet 3 To: Dominique Alexander From: Carissa Collins Co: Alexander Partition Co: City of Ti�ard Fax#: 503-590-4166 Fax#: 503-624-3681 Ph#: 503-718-2643 SUBJECT: Variance Process MESSAGE: Per our discussion, here is a copy of the criteria used when asking for a variance in the development of your home. Hopefully, this will assist you in making the decision as to whether you would like to proceed through the process. Thank you. I:�ENG�FAX.DOT Chapter 18.370 VARIANCES AND ADJUSTMEI�ITS Sections: 18370.010 Variances 18.370.020 Adjustments 18370A10 Variances A. Purpose. Thc purpose of this section is to provide standards for the granting of variances from the applicable zoning requirements of this title where it can be shown that, owing to special and unusual circumstances related to a specific property, the literal interprefation of the provisions of the applicable zone would cause an undue or unnecessary hardship,except that no use variances shall be granted. B. Applicabilit�provisions. 1. The variance standards are intended to apply to individual platted and recorded lots only. 2. An applicant who is proposing to vary a specification standard for lots yet to be created through a subdivision process may not utilize the variance procedure unless otherwise specified in Section 18.730.030,Zero Lot Line Setback Standards,or Chapter 18.430, Subdivisions. C. Approval process and standards. 1. Variances shall be processed by means of a Type II procedure, as governed by Section 18390.040,using standards of approval contained in Subsecfion 2 below. 2. The Director shall approve, approve with conditions, or deny an application for a variance based on finding that the following criteria are satisfied: a. The proposed 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; b. There are special circumstances that exist which are peculiar to the lot size or shape, topography or other circumstances over which the applicant has no contro(, and which are not applicable to other properties in the same zoning district; 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 whi(e permitting reasonable economic use of the land; 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; and Variances and Adjustmen[s 18.370-1 SF�Cade Update: 04/O2 e. The hardship is not self-imposed and the variance requested is the minimum variance which would alleviate the hardship. 3. The Director shall approve, approve with modifications, or deny an application for a subdivision variance subject to the criteria set forth in Section 18.370.O10.C. 18370.020 Adjustments A. Purpose. The purpose of this section is to establish two classes of special vaciances: l. "Development adjustments" which allow modest variation from required development standards within proscribed limits. Because such adjustments are granted using "clear and objective standards," these can be granted by means of a Type I procedure, as opposed to the more stringent standards of approval and procedure for variances. 2. "Special ad�justments" which are variances from development standards which have their own approval criteria as opposed to the standard approval criteria for variances contained in Section 18370.020.C. B. Development adiustments. l. The following development adjustments will be granted by means of a Type I proced�re, as governed by Section 18390.030, using approval criteria contained in Subsection B2 below: a. Front yard setbacks. Up to a 25% reduction of the dimensional sta�idards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. c. Lot coverage. Up to 5% increase of the ma�cimum lot coverage required in the base zone. 2. A�proval criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; b. The adjustment will result in the preservation of trees, if trees are present in the development area; c. The adjustment wil! not impede adequate emergency access to the site; d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Va�iances and Adjust►nents 18.370-2 SE/Code Upda[e: 04/02 l:o: tllexanaer rarunon .,... �-•��l =•F.�u Fsu�#: SQ3�590-4166 ,,,,^ Fax#: 503-6Z4-3681 Ph#: 503-71$-26�13 SIJBJECT: Variance Prncess MESSAGE: Per our discussion, here is a c�;?py of the criter�a used when asking for a variance in the development of your home. Hop��fully, this will assist you in making the decision as to whether you would like to proceed through the process. Thauk y�u. I;�E�+c3u�k.DOT w�� a�daNdls 3aow �+o l�ns�a �0 CS)3�dd aZ�Z0�00 NOIlt7�ff1Q 99Zb065�05 3WdN/ 'ON XC� 90�60 80/90 �WIl`31tJQ Z696Lti!'bQO�lfi � # '�135 • �31 �89�bZ9�05 � Xd� 1d�Q JNIQ�IfI� Q�tI�JIl � 3WbN 80�60 900Z/80/90 � 3WI1 l�lOd32� NOIlt7�I�I�13/1 NOISSIWSNd�Il . N'I Li'_�r-,�,f �.:c ,.�j � ' � I �������� � Alexander Partition � 0 1 2006 12645 SW 135th Avenue ' !�F TIGARD Conditions of Approval � �� a/ENGINEERING #2) Revised Tree Protection Plan: The attached topographic map shows exactly how faz the tree protection fencing will be from the face of each protected tree. All trees are numbered in green,and the fencing is highlighted in yellow. Trees to be removed have been"X"-ed out. As the dripline of the trees on the property line to the north cover about a quarter of the proposed parceled property, it is unavoidable to have construction activity underneath. The arborist has made recommendations to building a tree protection fence ihat will protect those trees. The storm and sewer laterals are currently positioned within 12 feet of the property line to the north, with the farthest utility located approximately 5 feet from the northern property line. When talking to the construction contractor, it was decided that with a tree protection fence of 8 feet from the property line,the trench would be dug an additional2 feet away, so that the laterals would be ran 10 feet from the northern property line. Any lateral closer than 10 feet away would be brought out to 10 feet. To facilitate the utilities brought to the back property,tree#16, which is 10"in diameter,will be removed. There is concern from the arborist that the tree closest to the street,on the northern property line (labeled on the topographic survey map as a 16" fir),may be damaged due to the placement of the storm and sewer laterals. The arborist decided that the tree should be kept and monitored. If,after construction,the arborist determines that the tree is not healthy, it will be removed. This tree resides on the Alexander property (Note: The ownership of this tree was not determined until the survey was completed,after the partition submission, so this tree is not included in the calculation of the mitigation plan.) Due to the slope of the property, and the limited area for access to the back property, there is no alternate area to relocate the sewer and storm laterals. Our tree protection plan is based on recommendations from the International Society of Arboriculture. ✓ Erecting barriers: construction fences will be set up around the trees in the construction area,based on recommendations from our arborist. All personnel and materials must be kept out of the fenced-off area. ✓ Signs: Signs will be posted on barriers to remind workers that the fenced azea is off limits ✓ Site visits: fences will be checked daily by owner,and every two weeks by the arborist,to ensure they are not moved. � �Wih�T �3, 1� C(Ty F��- « , ✓ Continued monitoring: After construction,project arborist will be consulted to make sure trees continue in good health ✓ Correct cutting: Any tree roots to be cut should be done so with a hand saw, loppers,hand saw,or a chainsaw to make clean cuts ' /�fl�-%�7��� — C>U!� 9' � �0�7.t i�`i � � Z�- DRIVEWAY SlGHT DISTAIVCE CERTIFICATlON /��jrff��_ ��9�c 3-i'fi/D/� August 19, 2009 O� City of Tigard �'�� � ����� CD - Development Engineering :-� � ^ G� j �ca 13125 SW Hall Blvd., Tigard, OR 97223 ����j� � � 2�,�,� CJ +�-� � 1 503-639-4171 F2X: 503-624-0752 `�{a�;� �t,:��;E�.: : http://www.tiqard-or.qov = � Attn: Kim McMillan, P.E. RE: 12631 SW 135th Sight Distance Ce�tification Case Number: The access point for this certification is located 182 feet southwest of the intersection of Walnut and 135th, along the west side of the street. The speed limit along SW 135th Avenue is 25 M.P.H., based upon the posted speed limit it is required that there is 250 feet of sight distance in both directions South and North / Northeast, in accord with Tigard Development Code Section 18.705.030.H.1. As required by Code Section 18.705.030.H.1, sight distance to the south accessing to SW 135th was 360 feet respectively. To the northeast was. limited to less than the 250 feet because the intersection is 182 feet to the northeast corner. The sight distance for east bound vehicles on Walnut is in excess of 600 feet. The Walnut west bound turning movement onto 135th is restricted due to the existing wall abutting 12620 SW 135th. The traveled distance is 205 feet along the south bound lane on 135t" from the stopped position in the turning refuge. The speeds of these cars are limited to 15 miles per hour because of the grade of 135'h and the intersection angle. Cars and trucks were both timed for the west bound vehicles turning movements from Walnut onto 135�h and the cars averaged between 7 and 12 seconds depending on if they were stopped or continued around the corner. A delivery truck was timed and it had a 17 second time from the refuge to the proposed access. The Code Section requires that measurements be based on an eye height of 3.5 feet and an object height of 4.25 feet above the road; and 10 feet from the near edge of pavement to the front of a stopped vehicle. At 15 feet from the edge the sight distance to the south is cut by a 1/3 in half because of the wall along the west side of 135th to the south was installed by the Walnut improvement restricts the sight distance. The backing out maneuver can be made to see south before entering the travel lane of those cars coming down the hill to get the full 360 feet sight distance because of the sidewalk. In conclusion, I hereby certify that the driveway sight distance at the proposed access for 12631 SW 135th with the fastest observed time of 7 seconds and the low speeds of south bound traffic on 135th, the sight distance is adequate and will conform to the requirements for sight distance as set forth in the Tigard Development Code. S e Roper . . � 4�, �:���'i•��".� �':1`' ��;:.;,�+��c� �. �' 1 N ` i��� "� �,eT�Cs �t."=y: ;':y �J:.. 4 t�." .�'5 ?_... ;�1 G ?3 j 'r tS`,, :�' � °� - I •�.��.,.-�.::A-r'.s .••�,n ;�•�p:'p: .� €,3' r: �. .D.. ,-:��. L�,w•.. '�_n.,'ac.a'„� � .. t'r ..���^��� N� �� �oo�- dao�P' , ` �'`►-,� l/. Albert Shields From: Mike White / Sent: Thursday, September 03, 2009 12:35 PM -✓ To: Albert Shields Subject: RE: Alexander Partition, MLP2004-00009, Signage at entrance to each flag lot. Address signs are in for all three lots. From: Albert Shieids Sent: Thursday, September 03, 2009 9:29 AM To: Mike White Subject: Alexander Partition, MLP2004-00009, Signage at entrance to each flag lot. Mike, Mrs. Alexander told me that they had posted address signs. Have you had a chance to verify that so that we can sign off Condition #11 on MLP2004-00009? � -TR�lGiREEH LandCare��. Portland South Maintenance Branch 7920 SW Hunziker Street Tigard,Oregon 97223 Arbor Services (503) 597-2350 FAX: (503) 597-2351 Property: 12631 SW 135th Ave Regarding: Tree Protection During Construction Ti ard, OR 97223 Submitted to: Dominique Alexander Submitted By: Scott Clifton Date: 08-11-09 Proiect Summarv: Provide a comprehensive tree protection plan for construction of a new building. Project Proposal: TruGreen has provided a tree protection map drawn to scale. This map shows the areas that will need to be protected and kept out of during the construction project. Fencing shall be places Ten feet from the fence line on the North side of the property and shall not be entered with out the permission of the site Arborist (Scott Clifton TruGreen LandCare). This fence will protect the trees from root compaction and damage from construction equipment during the construction process; if the plan is followed the health of these trees will not be affected. I have inspected the previous tree protection plan and inspected the property for the trees on this plan. I found all the trees to still be on site except for numbers nine and eleven which have been removed by the power company during routine maintenance of the utility lines. Scott Clifton � ISA Certified Arborist �� � TruGreen LandCare ���V� L`� 7920 SW Hunzinker St i,,-V,��r 1 2 ZOOg Tigard, Or 97223 �'�'^,��,, � ���/�FT���R� 503-209-4556 �G��EER��� �L G�3 G,�* �� !b c� ��y� �/��,/o y / i ���_;-r i t--��=� i"1 DU��r% �vT � __ -- ____..____ l 15 ` i._�_..�_ _.�__�_.� i j �jl��J���� i ���`�� � �Ib0 �.7(.�, �'C", ' i � � -_ ---- __� � — — — --y ���I��� � j � �4-I" �I�- I i _ �' � � � I � ��dpv��v � , � N�u�� I�� �. j ( v GI-" � ��� I � -�--- � � 90' � ; � ; o i u-�� � �►r�- � -� 2i�� y� ���� --I� i [5"� �I�- z`�'"� o � � � ��� � i — — — --- -�- 5, ����/'��- , 1 �r � -�� � ��bT"C�.TiC�-� �A�1�� f�'���i���'���� ��������- IZ 4� z �- . ,�� (� � I.� �-�'�-t- ,�v� (� � ���"�-� �l � ��z�� - ..,� K.�- p :--� �tz�Pl�l t-4-� �EC��V�D AU G 1 2 2009 � CITY OF TIG�F�� F±A.�lNlh,'�G/ENGINEERING , � 3/23/2007 . CITY OF TIGARD 3:�i.ZiPM 13125 S��'Hall Bl�d. l'i�ard,OR 97223 (503)639-4171 � � Conditions Associated With Case #: MLP2004-00009 � Project Name: ALEXANDER PARTITION CURRENT STATUS UPDATED # DESCRIPTION STATUS' DATE BY DATE BY I MIIlGAT10N P(.,AN FOR 17 C,�ILIPR " M 8 -t ?006 M,�S 8 -� ?006 C,�C L Provide, implement and maintain a mitigation plan for 17 caliper inches. 2 F[NAL TREE PROT PLAN N MAS 6/20/2005 DLW2 2. Prior to commencing on-site improvements,the applicant shall submit a final Tree Protection Plan that shows exactly how far the tree protection fencing will be from the face of each protected tree(including those on neighboring properties where construction occurs within the trees'driplines)that will be impacted by construction activities within its dripline. The applicant,through their Project Arborist, shall justify the close proximity of the construction activities to the trees. He shall certify by signing the final tree protection plan to be included with the construction documents that the activities will not adversely impact the overall and long-term health and stability of each tree. Any construction that occurs within the neighboring trees'driplines should be justified by the applicant and approved by the City Forester and neighboring property owner(s). Work may proceed within the driplines only with the approval ofthe City Forester. 3 APPLY FOR TYPE i ADJUSTMENT M 8/5/2006 MAS 8/7/2006 PLL 3. Apply for a Type I adjustment in order to use existing trees as street trees along SW 135th Avenue, using the criteria of 18.370.020.C.6.a. of the Tigard Development Code,or revise landscape plan to include street trees from the City's street tree 1 ist. (See VAR2006-00067 for compliance with this condition approval effective 8/5/06. By: Patty L.) 4 IMPLEMENT/MAIN PLN PARCEL#; M 6/7/2006 MAS 6/7/2006 CAC 4. Provide implement and maintain a plan that shows proposed parcel#; to have a 15-foot access drive with 10 feet of pavement. 5 RECIPROCAL ACCES EASEMNT RECORDED M 3/23/2007 MAS 3/23/2007 CAC 5. Provide documentation that a reciprocal access easement has been recorded with Washington County that establishes joint access between proposed parcel #1 and parcel #3. 6 PF[ PERMIT M 10/31/2005 KSM 10/31/2005 KSM 6. A Public Facility [mprovement(PFI)permit is required for this project to cover driveways,sidewalks 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 [mprovement(PFI)permit plans shall conform to City of Tigard Public Improvement Design Standards,which are available at City Hall and the Ciry's web page(www.ci.tigard.or.us). 7 EXACT I.GI.NAME/Ann/PHONF, M 10/3 U2005 KSM 10/31/2005 KSM 7. 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 entiry 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. 8 PF[ SUMITTAL [NCL VISUAL CLR AREA M 2/8/2006 KSM 2/8/2006 BRS 8. The applicant's PFI submittal shall include visual clearance area triangles at all driveways,existing and proposed. 9 AS BUILT DRAWINGS M 10/;1/2005 KSM 10/31/2005 KSM 9. Prior to final plat approval,the applicant shall provide the City with as-built drawings of the public improvements as follows: 1)3 mil mylar,2)a diskette of the as-builts in "DWG" format, if available;otherwise "DXF" will be acceptable, and 3)the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure(manholes,catch basins,water valves,hydrants and other water system features) in the development,and their respective X and Y State Plane Coordinates,referenced to NAD 83 (91). ]0 PAY ADDRESSING FEE M 5/9/2006 KSM 5!9/2006 BRS 10. Prior to final plat approval,the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat, Engineering). Ping-CaseConditions.rpt Page l Of 3 p p Wat n Courny,Oreqan 2006-096651 /, � 08Ha_,,�612:05:18 PM ��, �-E C�t■7 ftn�0 ,J OREOORY Ln � s�s.oa ss.oa se.�a;i i.ao•so�a�•s3�.00 �, . j ( `ov � / Return Recorded Document to: IIIIIIIIIIIIII IlIIII�IIIII IIII!f I�II II�I I II I I�(I� , 00994893T00600966510030037 N�S(LcAJ t �rJrA{aifJ3Al lAl.��kL1+.7�1� I,Rlchud Mob�mlcht,Olnctor of A�f�urmnt�nd ��.��j 5 W 1,35��' Tuntlon�nd Ex-0Rlelo County Cl�rk for Nh[hlnpton Courrty,Onaon,tlo ha�by a�rtlfy that t��wlthlo �} li[�sa+� .d(�- a�t223 in.o-um•M orwnnna w.,ne•iv.a.na neoro.a in a,. book otneord�of Wd�yeq.�� (�, •_J- � Cy.a4wlL �Ia��r�cH filehvd W.HOO�mleht,DlnctorolA���um�M�nd NO CHANGE IN TAX STATEMENT _ r.�dio^,Er�^�io ca,�c�� EASEMENT AND MAINTENANCE AGREEMENT FOR MOTOR VEHICLE DRIVEWAY ON AD70IN1NG PARCELS RESIDENTIAL USE TFiIS PERPETUAL EASEMENT,made and entered into on ✓�� �D ,2006 between Dominique Alexander and Marion Alexander,Trustees of the Alexander Living Trust hereinafter called the first party,Dominique Alexander and Marion Alexander,Trustees of the Alexander Living Trust hereinafter called the second party,and Dominique Alexander and Marion Alexander,Trustees of the Alexander Living Trust hereinafter called the third pacty. WITNESSETH WHEREAS,the fust party is the owner in fee simple of the following described property in the Ciry of "1'igard,County of Washington,State of Oregon,to wit: PARCEL 1,PARTITION PLAT 2006-�C ty of Tigard,County of Washington,Oregon And the second is the owner in fee simple of the following described real property in said City,County,and State,to wit: � y3 PARCEL 2,PARTTTION PLAT 20Q6-_,City of Tigard,County of Washington,Oregon And the third is the owner in fee simple of the following described real property in said City,County,and State,to wit: vy3 PARCEL 3,PARTITION PLAT 2006-_,City of Tigard,County of Washington,Oregon and said three parcels of real estate adjoin each other; WHEREAS,the parties desire to grant to each other an easement and right to use the described motor vehicle driveway now or to be cons�ucted along and upon a portion of all of the parcels in conjunction with any lawful use. NOW,THEREFORE,in consideration of each party's granting to the other an easement hereinafter described,and other valuable consideration each to the other in hand paid,the receipt of which is hereby acknowledged: FIRST: First party conveys to the third party a peipetual easement for motor vehicle driveway putposes to use in conjunction with any lawful use along and upon that portion of first party's property as delineated on said Partition Plat. __� SECOND: Second party cottveys to the fust and third parties a peipetual easement for motor vehicle driveway piuposes for use in conjuncrion with any lawful use along and upon that portion of first pariy's properiy as delineated on said Partition Plat. THIRD: It is mutually agreed that the first and third parties may use in common with the other party,the whole of said motor vehicle driveway,including that portion thereof situated on the property of the other party for ingress and egress of motor vehicle,pedestrians,and uses incidental to any lawful use of the property. FOURTH:This agreement should bind and inure to the benefit of,as the circurnstance may require,not only the immediate parties hereto,but also to their respective heirs,executors,administrators,and successors in interest as well. FIFTH:The maintenance shall be a shared responsibility of the fust and third parties and each of[he parties shall share the cost of maintaining the easemen?. The ohligation to share maintenar.ce�osts shall beg:n when the driveway is completed. SIXTH:Each of the parties shall maintain liability insurance which,at a minimum,meet the standard in the industry foc the particular types of uses for which the properties are used. The insurance policies shall name the owner of the adjoining parcels as an addirional insured in connection with the use of the easement. SEVENTH:In construing khe foregoing agreement,the plural shall mean and include the singular whenever the context so requires. X � �'�ox�u� X /1a��� ��.��7 Dominique Alexander, Trustee Marion Alexander,Trustee STATE OF DI�-Go� )ss. County of GJ/�1S W-�Nc T o� ) Th��o�regoing instrument was acknowledged before me on this3'�►� day of , 2006,by Dominique Alexander and Marion Alexander,Trustees of the Alexander Living Trust. ��_�'".� Notary for Oregon My commission expires: or-F�ciAt s�� ?`/3-� _ FR�3�K W LAMBERT NOTARY PUBLJC-0REGON MY COMMISSION MEXPSR�S MARCH 1392006 �. ' X � r X �Cf,U��p,� �1-p�e�—�. Dominique lexander, Trustee Marion Alexander,Trustee STATE OF DP��� )ss. County of UJAS�!»cn�� ) The foregoing instrument was acknowledged before me on this�day of _�'f , 2006,by Dominique Alexander and Marion Alexander,Trustees of the Alexander Living Trust. C,cfo�^�•.� _�, -.�-,... � _, . : . �1.�. .{:. /.`.�):. „ 'f � Notary for Oregon , � � � ' �' o-� ^Cp'n�ti � -t�I r i 1��.� ��LJ W My commission expires: �i 3-� F • ..,. „ .t���, „���,,,,�;CH 13,2008 f.._,___,�..�_ - c.ou�+iss�uo.-3�l0589 r xo����!Gfr� /.7Ll�l� X J�L�e� �e Dominique Alexander, Trustee Marion Alexander,Trustee STATE OF D�loo� ss. County of (.�1ASlF r N��� ) The foregoing instrument was acknowledged before me on this.3Q�-day of iM�`i ,2006,by Dominique Alexander and Marion Alexander, Trustees of the Alexander Living Trust. �_�7�GV, Notary for Oregon . �'"`_�� ��i,�����F� My commission expires: j,�3.p� � �:���.���; PFiANK W lA�9F3�r;T . P:OTAFlY PU;�L'GOR�C.QN COMMlSSIQ;d^10.:�;G�;:� '':'':SION D�IReS�fl;�:'�i �3,2008 ,�' OFFICIAI ar:r.� .-� ���. PAANK Vd IAA�;'; �''� NOTARY Fl�'ii".0{:�;'��'� s ��� co�wss',�;i��i..,�;-. � �.��GOI�EM�5510N D�1k.�.`.�:±t, :f i � 6/7/2006 _ � Conditions Associated Wit s:�o:�6nM � � T t'�� E M A R K Case#: MLP2004-00009 : N�JTER SYSTEMS. INC �o+�dition Status Updated (ode Title Hold Status Changed By Tag Date By l MITIGAT[ON PLAN FOR 17 CALIPR " None NOT MET MAS 6/20/2005 DLW2 1. Provide, implernent ancl maintain a mili�atiun plan for 17 caliper inches. 1 FINAL TREE PROT PLAN None NOT MET MAS 6/20/2005 DLW2 2. Prior to commencing on-site improvements,the applicant shall submit a final Tree Protection Plan that shows exactly how far the tree protection fencing will be from the face of each protected tree(including those on neighboring properties where construction occurs within the trees'driplines)that will be impacted by construction activities within its dripline. The applicant,through their Project Arborist,shall justify the close proximity of the construction activities to the trees. He shall certify by signing the final tree protection plan to be included with the construction documents that the activities will not adversely impact the overall and long-term health and stability of each tree. Any construction that occurs within the neighboring trees'driplines should be justified by the applicant and approved by the City Forester and neighboring property owner(s). Work may proceed within the driplines only with the approval of the Ciry Forester. 1 APPLY FOR TYPE 1 ADJUSTMENT None NOT MET MAS 6/20/2005 DLW2 3. Apply for a Type I adjustment in order to use existing trees as street trees along SW 135th Avenue,using the criteria of 18.370.020.C.6.a. of the Tigard Development Code,or revise landscape plan to include street trees from the City's street tree list. 1 IMPLEMENT/MAIN PLN PARCEL#3 None Met 6/7/2006 MAS 6/7/2006 CAC 4. Provide implement and maintain a plan that shows proposed parcel#3 to have a 15-foot access drive with 10 feet of pavement. 1 RECIPROCAL ACCES EASEMNT RECORDE None NOT MET MAS 6/20/2005 DLW2 5. Provide documentation that a reciprocal access easement has been recorded with Washington Counry that establishes joint access between proposed parcel#1 and parcel#3. 1 PFI PERMIT None Met 10/31/2005 KSM ]0/31/2005 KSM 6. A Public Facility Improvement(PFI)permit is required for this project to cover driveways,sidewalks 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 Ciry Hall and the City's web page(www.ci.tigard.or.us). 1 EXACT LGL NAME/ADD/PHONE None Met 10/31/2005 KSM 10/3l/2005 KSM 7. 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. 1 PFI SUMITTAL INCL VISUAL CLR AREA None Met 2/8/2006 KSM 2/8/2006 BRS 8. The applicant's PFI submittal shall include visual clearance area triangles at all driveways,existing and proposed. 1 AS BUILT DRAWINGS None Met ]0/31/2005 KSM 10/31/2005 KSM 9. Prior to final plat approval,the applicant shall provide the Ciry with as-built drawings of the public improvements as follows: 1)3 mil mylar,2)a diskette of the as-builts in"DWG" format, if available;otherwise "DXF"will be acceptable,and 3)the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide the City with an electronic file with points for each structure(manholes,catch basins,water valves,hydrants and other water system features)in the development,and their respective X and Y State Plane Coordinates,referenced to NAD 83 (91). 1 PAY ADDRESSING FEE None Met 5/9/2006 KSM 5/9/2006 BRS 10. Prior to final plat approval,the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat, Engineering). 1 SIGNAGE @ ENTRNCE EA FLAG LOT None NOT MET KSM 6/20/2005 DLW2 11. The applicant shall provide signage at the entrance of each shared flag lot driveway that lists the addresses that are served by the given driveway. Page 1 Of 3 CaseConditions..rpt . � �i��a«�y -�� RF� Alexander Partition ��I/� 12645 SW 135�'Avenue AU� � 1 D Conditions of Approval PCq NN; ?� r� Z0�6 #1 Tree Miti ation Plan: G�/�vG��A� ) g N� The enclosed portion of the topographic survey map shows where the trees are propose� ��S�.�,., /�1� to be planted. The trees to be planted will be Oregon White Oak, White Ash, and Red_ Maple. A total of 6 trees,each with a diameter of 3",will be planted. This will mitigate � �j;�� L e�..� a total of 18". Planting location is marked on the attached map. �C'� ����� RECEIVED AUG 4 1 2006 CITY OF TIGARD PLANNING/ENGINEERING i � , � ; z���:;�`c�'z�T��i� ; � \ i � � , \ � �, / . ,i � �z " N89�25'02"E, 173.38'--__"� . •c>. •----'-- ----"" .,�x�- - ��J73 0 g E � 11 ._/M" � �.�\ _���-� / `� �14. � � T a. -- - � - � .4+ - ` �\ ti. '� •� Miw �eo � �� �• � ir n' - e.00' d�B�.1C MENT 0, 2003-10 � PiM �E uttu urun'�� E ENT . W� I 1�6 - .r I P 3"� D[DICA 0 � I �� -• 5�16 ,y1e� 'n-'_"_-_`__"7t�Y'� � y�9 �--320 � �' � 1Q _- 0 _7 32f- `, ".`;;i.tr' �.t:3c�.�,'Y s�`i. f3P�9� ;';:h � �f � * . �I 320.96' FRl11T 322 1� x,�^• T y'� b ,,''����� � � �,�r�l -_i�� • .��N883S �-�6,���,�1��.),,•„t,� t `,\ 4 �.�'��10. � �,C� � / N89' S"E. 71.01' _� ---- � -�,.�: A _ ,�V�;�t._.. �5.00' :.�-:.:,,::�� � � � �'�° fl �r � : ,`., '4`` A� ..'.... ..'.. . . . .� : ) TAX LOT 700 � --- ��JYJ��,��` '�''-�..;``T4~. '�'�A _ �� � � ). 90-067822 y,�A,�+� Y-�I � BLppc w _ ..�\ . �+ '"�'" 3� ----."� �\ 't2? 3 / .P .� � 3Zg' ' ( HW9E ` fjt.�� •': � .. � ., , � yl.WAl � a''"i � �--_ �`:� �'' �,.' �° \ - '+.^+ -� 3�� --`1 . - �\ �\+�q . � � j32 �^`� .Yra;;ry;�;�' � 2 960 � \ � � � � S 1`\?v,�4:: ��� 'Y l ��,T � � r„� 3 �'S:i. .�ff�• � � � �_ ` ti `i.: � a 3 9.88� / I CP-14 � '�p - . �330.43' Q' ,\ :.•: � q, CP-6 � /-��A �;�';�� � ' s3s.o7' .._ _ �„?�s--Y, r. .4 . .w ')JC` B OUT �� C�i3`"=:—�� -� 4 e . UM17Y f ' �.03' O_13 ��) ,�.... ..;„,� 6id-L_�- _ '�' • � (�118' .-__ .� - -__CH� HICH-�� '.�.,�HIOF1 �..__ 89�4�4 � 210. � \ \ . �N89'3�'43'E. 368.12' e , `fi,`�e `�T. '� �:. ��• '.>. .> �p'�(Q) � �� � � � �� � � �'' a_� � � � � � � � 3 � —�— -� � I � 1� � �_ � � � � � �` �. s f � � �� � � � � �� � � _ . > Tree Plan Size, species and condition of existing trees over 6" in diameter. � 1. Pinus pondemsa, 2' 10" in diameter, in good health. Z. Frunus cerasifera, 9" in dismeter, to be removed. 3. Prunus cerasifera, 11" in diameter, to be removed. 4. Prunus cerasifera, 10" in diameter, in good health. 5. Cedrus deodara, 10" in diameter, lap sided and leaning but ok health. — 6. Magnolia grandiflora, 12" in diameter, in good health. 7. Carya illinoensis, 6" in diameter, some rot at the base but vigorous. � 8. Picea pungens, 1'3" in diameter, in good health. 9. Prunus laurocerasus, 6" in diazneter, leaning but good health. — 10. Picea pungens, 1' 1" in diameter, in good health. 11. Pinus ponderosa, 12" in diameter, topped because of power lines. — 12. Pseudotsuga menziensii, 1' 10" in diameter, ok health. — 13. Pseudotsuga menziensii, 1' T' in diameter, to be removed. - 14. Pseudotsuga menziensii, 2' in diameter, in good health. — 15. Ma1us hybrid, 1'3" in diameter, to be removed. 16. Malus hybrid, 10" in diameter, in good health. in � �" �`'`„{� � Routing Order: Surveyor: JRH Engineer Tech I ST � FINAL PLAT REVIEW CHECKLIST Plat Name: Alexander Partifion Case Number(s): MLP2004-00009 Address/Location: 12645 SW 135th Avenue/2S104BD, 09000 Contact name and phone: Robert Johnson, Johnson Land Surveying/639-7919 Date Received: 9/14/05 Date Forwarded to City Surveyor: 9/15/05 SURVEY SECTION Check if Check if Considered Okay 1. Street alignment and width, continuity [✓]���' j�!- ❑ 2. Curve, corner, cul-de-sac radii []��t/f� ❑ 3. Dedication, vacation, easement conveyance []' []' 4. Residential Survey Certificate match the map [� [� 5. Two Monument Ties to City GPS ,;�'�r ' [�' Comments: By: ���; �� �% , i ' i � �� .� i w i �S ; ��� - Surveyor's Signature Date Page 1 of 1 i:�erq�rrv-0evVpmsvirvpal.aot Revision date: 111/01 l - � Routing Order: 1. Current Planning: MAS 2. Engineering Tech I ST � 3. Development Review Engineer KSM FINAL PLAT REVIEW CHECKLIST Plat Name: Alexander Partition Case Number(s): MLP2004-00009 Date Received: 9/14/05 Date Forwarded to Current Planning: 9/95/05 Planner: Matt Scheidegger Planninq Division Check if Check if Considered Okay 1. Phase boundaries ❑ � 2. Lot and/or tract size and configuration ❑ � 3. Lot numbers ❑ � 4. Access restrictions, reserve strips ❑ [�' 5. Condition of Approval Satisfied �,�o��,�f ❑ 6. Public & Private streets (location, width, etc....,) ❑ ❑ 7. Preliminary Plat approval date— 1-1/2 yr period ❑ ❑ (18 months)OK 8. Special Deed Restrictions (CC&R's) ❑ ; ❑ 9. Open Space (Deed or Dedication) ❑ ❑ 10.SPECIAL SETBACKS ARE Other Comments: �p f�z�t���+�L �ae�l L� �s�l�l l L V - � �� By: 2G `j'-?-�?- � t ' atur � Date FORWARDED TO ENGINEERING TECH I: �9-Jz� - ��� Date Page 1 of 3 i:lerqWmi-0evVamsYinMal dot Ravlsion Oate: 1/1q1 ENGINEERING DEPARTMENT (Engineering Tech) Check if � Okay Street Names Acceptable ❑ Assign Address(es) ❑ Address Fee : lots/tracts @ $50.00/ea = $ ❑ Update City-wide maps ❑ ❑ Comments: By: Engineering Tech Signature Date FORWARDED TO DEVELOPMENT REVIEW ENGINEER Date Page 2 of 3 �:�qWrivecnro�nsv�d�.aa Reoisi0n datB: 1n/01 �G�k�n��E� � � �� �� ,' ?% �/`i�_ � � � Returned to Surveyor for Correction BY: S-( ���`� �,� DATE: 4 � �,� E-mail to County Surveyor: "OK to review" BY: St� DATE: QI��S Corrections Reviewed and Approved BY: �j ?l DATE: � �o�3/� � � Forwarded for City Signatures BY: � � (, _ DATE: d � �CG' � � Copy of Signed Plat Made and Put in File BY: � �; � DATE: , �- Released t� Developer for Recording BY: DA : � .� Authorize Eng. Tech I to release addresses BY: � � DATE: �/� C% �l-' .�.- ' Copy of Signed Pla� Permit Techs BY: � � � , � � DATE � ���% �� F, / Lognote: OK�to take in building permit apps. BY: � �t n � � �� � � . , DATE: � �� � �� � �O� � C � �� l Page 3 of 3 �:,�,�„-ae�ro�,5v�r.a�aoi ReviSipn dale:111l01 , � I " � `°'""° PARTI TI ON PLAT N0. .�oo`-o y 3 PARTITION PLAT N0. 2000-080 � PARCEL , PnRCE�Z '�1 RECORDED AS DOCUMENT N0. �ao�n 9GL vP (eJNm �g A REPLAT OF PORTIONS Of LOTS 1 AND 2 "HANOY ACRES" i� IN THE SE 1/4 OF THE NW 1/4 OF SECTION 4, T2S, R1W, WM $� gi° g CITY OF TiGARD, WASHINCiON COUNTY, ORECON I� SURVEYED OCTOBER 12, 2005 xei.gs_ .=ug.-----------�-� 2ss.w-�---•---�-�-----�. ���� '-'-'-'Neezew•E,ss�.cs SW WAWUT LANE .��'�` 8 8 ry.�'�; i DESCRIPTIONS OF FOUND MONUMENTS A p 1�iy'�' (�)�LUWNl1M CM W/PUNpI,INTCA19(0'W.l.4C.1.5.E0!',RVS1,$ET IN(5�, (CJHflO Kl0 FOR 7N[CENIERIME 0�SW WA�MVi LAHE N!9'7!'SO'E.165.97(�2�166.00'.�1a�165.!!') 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NSON.LS I)25 ROBERtµ.w qNNSON WASHINGTON COUN7Y WASHINGTON COUNTY PLAT u.00• I teoo• mas DEE� RECOR�S AND SURVEY RECORDS i E%PIRES 6/JO/07 OOR/YENi NO PO-II)61 �i�HANOY 1CqE5�(�9�5) �9�SN�zee(1959) A��,,'s„�✓OHNSON LAND SU/�l�EY/NG' /NC. oocuuar r�o.v3-mvs3e �2I'�RS ME�diS'(�96a) �ials�+es�.(i96]) OOCUM[Nl NO 99-07)31] �3�"MORNINC MLL HO !'(199�) �11�5N 9]61(1965) ooawar no �aoz-isee�e �a�•HiusNiaE'(+ss,t) I�zlsn i�e.s��s�o> oauucwr Ho.�ao�-ise�e� �5�'ROSE NE�OOWS'(199Q �13�SN 14l5](1910) I � 10185 SW HOOONEW OR, TICARO,OR 9727t OON1IENt NO Z00]-16i��3 DOCU4ENi NO 300�-07075J �B��TTp1 P��f N0.199)-031 �I{�SN 19Z)S(19LI) �� � (50})639-7919, FAX(503)670-9050, jsurveyO,.eriza�.net DOCV4ENf NO 200�-IS�JaO I W�FPIION P���Np,ig99-Of0 �IS�SN 20500(19E3J fep,wnna�rui No zoao-aeo �ie�sa=ssz:cress� �v7nno SHEET 1 OF 2 APPROVALS DECLARATION PARTITION PLAT N0. aoo� -ov_3 ,���- ��1 KNOW�tL PEOPIE BY MEY PqEYNiS TNAI DO4INIOUE ALEY.WDER AN�M�qlp� 1FPR0`.FO iMIS�D�Y 01.�2L�,200� REPRESEN�iED1pON TNES��NEO�MM��NO u�ptE VARnCU�REROFSCNIBEO��N�HE RECORDED AS DOCUMENT N0. „�oo��9�G vA arv QI 11GM1p C�TY ENGNECM J SVRYEYpR'S CFRiifICATE,SI�IE M�I MEY C�N$[0 S�Ip I�ND 10 BE SURV[Y[0 M�A P�RPIiOr.�ED INfO PARCEIS M�CCMC�NCE xt ilff vRON5iOn5 Oi CH�PfER NO 9]0� y1 TME IX+EGp+PENSCO S1�tuiES.�wD 00 NERCBV DEDiutE ro rHe vueuc n�c eo�mo�.� A REPLAT OF PORTIONS OF �OTS 1 AND 2 'HANDY ACRES" e.Q�-�+-� P�..�-.« A��*-�-w�r•s sMOrm,u+o 00�rtr+cer cn.Hr.0 c�seucnrs.s s�orm. IN THE SE 1/4 OF THE NW 1/4 0� SECTION 4, T25, R1W, YrA1 � CITY OF TIGARD, WASHINGTON COUN?Y, OREGON ,�„�7�.y..< /�(�,w„�� ����o�, �x�,� SURVEYEO OCTOBER 12, 2005 DOIIINIOUE ALCN�NDER,IRUSTEE Y�RION�LEN�NOER,iRUSTEE ACKNOWLEDGMENT p,� / S,q,�a a�,o,, DETAI� 1 DETAIL 2 ♦opitoKO tNiS L'o�r Orr�,700¢ CWNiY Of uA�.+��n� €$$ -t WAS�xHf.��COUHiv SUAVE OA � '��-�'!B']7.1l1' I Cp19iNED CRID AND SEA .ti;i�.l� TMIS INSfRUMENi WAS ACI(NONLEDGEO BE�ORE NE ON ��Ky('�ZapL LE�EL fACiCF�i MOrvuMENi 1,� �.� OOAIIN�pUE A�[%�NDEp�NO 4�RIp1 ALEX�NpER�5 THUSlEES Of IME AlE%ANpER L`nNL 0 909�91« y�j� W TRUST Ny� Br__ (D�E��CEOOEnG COMTROL 0.E�R�NCE �8'8 n ��"" AI � Panr cG o77-��� E�XuFMi y N 65156I.�a1 US�EEi J "'g' ��` IY E�601130.S9e�5�EEi (�C NOi[3) J� P W NOTAflY 9GNANRE � I� 2�BRISS DISN iN NOVUMENi PARCEI I •�.� " � �A�G «X Oi � Of�SW I SM A�FEnJ[ Z Oi:�^ NOtMY PUBUC-dPEGON i i cp+ f� � COAIMISSION M0.-34VHL NOT 70 SCAIE �$ �ffo -,i � Q YV�pYWSLOH EXPIRES a*�-'t a.xm�. 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(NHIELD � � winel adHt � j 9<-rae7�.n5' B7 Q���� CAICUlAiEO COMBMlED GRiD�ND SE� OEPVir GEODEPC Cp�iROl �E�SL f�CiOR�i uONVUEn� A PMTITIpN O��i COfISENT AfiID�Ni�IlOy CWNTRYMqE B�1M.�DiN90n Or iRE�SUA� N 65�)]6.a'1' 0.999EJ932 C 60)�t�OJ' (K)/IELO BAMC,M.•.,�mUST D(ED BENEf1C1MY.N�5 BEE„AECOROCD AS L[OpEPC Cd+TROI DOCUMENi NO �OOG U S L L SO ,�y�giy�G10N CWNfv DECO RECOR�S PqNT CC p27-��9 N 6s"la5�.lpa vS�EE1 E J60�]6l.E7]u5[EE1 3-�/]'BR�SS��SK in CON�RE�E�N iHE E�SiERI� CURB Of SW BRM vLACC NOTES 1)TNIS PL/.i IS SUBJECi IO ME CONP�ONS Of 1PCqOVA�OF Cliv pf `I�ARD liLC NAME SL�I[Of OREGOM 4 A�%µp(R P.Utllflpl.G�SE�ILE HO'.YLPjpp�-ppppy tar+n oi w�v+weioN (SS 2)o,�aRCt�s��ND 7 ARE SUBJE[i TO A P�g�IC UnUTV e.seMCr�r�s s�or�,. 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TME PURPOS[d iHiS SVRYEY i5 10 PARTlflpry iNE LAND DESCR�BEO IN pOCI1MENT N0. 200J-�6i��1,WASMINGION CWHfY�EED RECORDS. BE�RINGS ME B�SEO pJ fOVND MONUMENTS(0),�]'BR�SS DiSK,AND(F),�5/E" 5��}[p{pqE�,p� REBAF M17H ILLEUBLE�EILOW PlASPC CAF.iNE REC01i0 BEAFliNG BEMECN SAIO POINIS I CCFtIfY iHAt iN15 IS A SS PER$N i26��,W�SIIIHLTON CWNtY 5�1R�EY RECORDS.IS S00'17'DO'W. COUN7Y Of W�SMINCiON RtUE M10 E%ACT COP�Of iHE CENIERLINE Oi SW i75M AY£HIIE IS ESL�9�1511[D BY Fp{)NO Yp1UMEHtS(0)ANO(!) 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EXPIRES B/30/07 SHEET 2 Of 2 , � �� � � . _ � .� �� � ,,� � � 1�1C���oc�y nd�o� PROJECT: '�(� �� �! �'i ( � �c"� [ � �� � ��'L. Done Date Checklist for Releasing Addresses � ` (.. �.� � address maps to owner & applicant on land use �L���� , U date Tidemark ����'�'S � '� � address ma s to email distribution list �E%rl��'� - address ma s to noemail distribution list address ma s to in-house distribution list U date All Addresses � in each book . � . � ' u date access records with lat info file plat checklist, redlines, any pertainent notes & paper copy of final lat in En file. � a���� ��� �a��o�oo� M LP 2004—00009 2S104BD, 01000 -���c;�f���--rixC,3 PARCEL 3 � PARCEL 2 12643 12631 � �5��11�a -�+pon�-- �s'�l�'�{ r�.}i}-It'1('�� _ ' - —i � 0 !OC�'(x; w ,. -- -- - -- - - � / --- -- ----- � Z � � > �., -— —_ -- -- Q , _ \ �- - -- - ~ �'• 1 , u-� ' , 1 � . PARCEL 1 ; � , 12645 ' � � .�X I S�1��j( ,�� � � U ' �� �.ro�-(�.c�—r�jD�� / I � �;�.S /(;��l r> i> . �;,c�;����� �__ : ) � � i , ` r � \ � 1 `�'�✓C— � -�-. -T�.%� � 1 �' L ' �, ,{� l-��%5 S�i� ` ,�, � BETHANY STEWART ��( J � � � CITY OF TIGARD � ENGINEERING DEPARTMENT 73125 S.W. HALL BLVD. . � 1 TIGARD. OREGON 97223 VOICE: (503) 639-4171 FA%: (503) 624-0752 i- i O Q � ��� � . � - � r-- �� � w C � _ CHIMNEY RIpGE ST �EO�R�P��� ����RMAr�->� � �.E,, � ^ w �'L �� o Sc�T rs e � '9� R�p�� S ��T S� VICINITY MAP 'WO,, '- ALEXAN D E R y p -;�� PARTITION � ST N � � J ^ / I i���\ SW � � N�SH MLP2005-00009 SW M 2S104BD-01000 -- � � _ �SW BOUNEFF ST � W � — � _ r WALNUT LN � � M � SUBJECT SITE �- U � � � - cO M ROSY (S� CT � I � � � �.q��� �'A � , � t 00 — T 2C i� � 0 100 200 300 400 Feet � �� � 1"=2gq feet � M � r ! Infortnalion on lhis map is for general IocaUon only and shoul0 be venfied with the Developmenl Services Division. 13125SW HaII81vd • Tigard,OR 97223 �i {503)63&4171 _ - __ _ _ httpJlwww.ci.tigard.or.us . � Community Development - Plot date: May 8,2006;C:\magiclMAGIC03.APR • LQ���LQI�I D�G°� G�/QG��D�t D O[� M LP 2004-00009 2S1046D, 01000 PARCEL 3 � PARCEL 2 12643 � 12631 ' � � w --- --- -- � - -- - \ z - --� � w � - � , -- -- Q � z �- - _ . � - u� � PARCEL 1 ! � 12645 �� � BETHANY STEWART � CITY OF TIGARD ENGINEERING DEPARTMENT 73125 S.W. HALL BLVD. . � � TIGARD, OREGON 97223 VOICE: (503) 639-4171 FAX: (503) 624-0752 �N p J o�_-�-__L-_� w Q� � �� -� . � - . 0 � � CHIMNEY Rlp �_I �EO�RAP��� ��FORMar��� s�s,�,� GE ST M �� �S��Trse Q �'q< R���E S ��T s� -- VICINITY MAP '��� � -� AL EXAN D E R ti a - PARTITION ST N � � ���\J� � SW �� � NrSH MLP2005-00009 - 2S104BD-01000 SW M -� I � I --� _ �SW BOUNEFF ST � w � -- � r WALNUT LN � N M � SUBJECT SITE �— U � F=— � � M ROSY tS� CT � O I � = wq�,� �� �'� N � �'� �c � � — _ 0 100 200 30G ao0 Feel ST � ' 1"=ZB4 feel M --- - T p � _ � ` Infortnation on this map is for general Iceallon only and should be venfied with the Developmenl Services�ivlsion. 13tt5 SW Hall 81vd I Tigard,OR 97223 . (503)63&4111 I http://www.ci.ligar0.a.us J Community Development Plot date: May 8,2006;C:\magic\MAGIC03.APR . Return Recorded Document to: �o� � �o� ,,�s 4�� A�t�a�z. I�L� Sw �3Sv�a ,dvL �G�s-c� + o,L �7a3�r r53� NO CHANGE IN TAX STATEMENT EASEMENT AND MAINTENANCE AGREEMENT FOR MOTOR VEHICLE DRIVEWAY ON ADJOINING PARCELS RESIDENTIAL USE THIS PERPETUAL EASEMENT,made and entered into on m�'� �� ,2006 between Donninique Alexander and Marion Alexander,Trustees of the Alexander Living Trust hereinafter called the first party,Domuuque Alexander and Marion Alexander,Trustees of the Alexander Living Trust ' hereinafter called the second party,and Dominique Alexander and Marion Alexander,Trustees of the Alexander Living Trust hereinafter called the third party. WITNESSETH WHEREAS,the first party is the owner in fee simple of the following described property in the City of Tigard,County of Waslungtoq State of Oregon,to wit: PARCEL 1,PARTITION PLAT 2006-_,City of Tigard,County of Washington,Oregon And the second is the owner in fee simple of the following described real properiy in said City,County,and State,to wit: PARCEL 2,PARTTTION PLAT 2006-_,City of Tigard,County of Washington,Oregon And the third is the owner in fee simple of the following descnbed real properiy in said City,County,and State,to wit: PARCEL 3,PARTT'TION PLAT 2006-_,City of Tigard,County of Washington,Oregon and said three parcels of real estate adjoin each other; WHEREAS,the parties desire to grant to each other an easement and right to use the described motor vehicle driveway now or to be conshucted along and upon a portion of all of the parcels in conjunction with any lawful use. j NOW,THEREFORE,in consideration of each party's granting to the other an easement hereinafter � described,and other valuable considerarion each to the other in hand paid,the receipt of which is hereby acknowledged: FTRST: First party conveys to second and third parties a perpetual easement for motor vehicle driveway purposes to use in conjunction with any lawful use along and upon that portion of first party's property as delineated on said Partition Plat .� ;., � i � SECOND:Second party conveys to the first and third parties a perpetual easement for motor vehicle driveway purposes for use in conjuncrion with any lawful use along and upon that portion of first party's property as delineated on said Partition Plat. THIRD:It is mutualiy agreed that the first and third parties may use in common with the other party,the whole of said motor vehicle driveway,including that portion thereof situated on the property of the other party for ingress and egress of motor vehicle,pedestrians,and uses incidental to any lawful use of the property. FOURTH:This agreement should bind and inure to the benefit of,as the circumstance may require,not only the immediate parties hereto,but also to their respective heirs,executors,administrators,and successors in interest as well. FIFTH:The maintenance shall be a shared responsibility of the first and third parties and each of the parties shall share the cost of maintaining the easement. The obligation to share maintenance costs shall begin when the driveway is completed. SIXTH:Each of the parties shall maintain liability instuance which,at a m;n;r„um,meet the standard in the industry for the particular types of uses for which the properties are used. The insurance policies shall name the owner of the adjoining parcels as an additional insured in conneciaon with the use of the easement. SBVEN'TH: In construing the foregoing a�eement,the plural shall mean and include the singulaz whenever the context so requires. . X ,��'%d��C ?��u� X /�O�i�� ���..� Dominique Alexander, Trustee Marion Alexander,Trustee � STATE OF D�6�� )ss. County of P,JI�W-t�c ��� ) The foregoing instrument was acknowledged before me on this3� day of W�'`�'� , 2006,by Dominique Alexander and Marion Alexander, Trustees of the Alexander Living Trust. `.��� - Notary for Oregon . My commission expires: � or-FIGIALSEAL � �3-o� r���w�u�BE�r N�TARY PUBLlC-0REG4N COMMISSION N0.37fi589 ; MY COMMISSION IXPIRES MAFfCH 13,2008 I { . f " x �� �u x /Lt�/a�, �ex,u-��. Dominique exander, Trustee Marion Alexander, Trustee � STATE OF �P��� )ss. � County of /�Jq SN��c�� ) The foregoing instrument was aclmowledged before me on this 3�day of �� ,200b,by Dominique Alexander and Marion Alexander, Trustees of the Alexander Living Trust. I °��' ' _, �� � � ��`. :�''-`'�t�.°�:..._. r NotaryforOregon .. �..,:�-�::,�.-�,����.cr-a.,�^:�!v ,';,f•J 1.�.�.nr .II ��i��r`P;��.'. ,;i589 My commission expires: �r3-t� � ���.� �.':�.:.;tji'^������i ivili�CH�3�'2��8 ( � i , Xo���?z'�//k�� �'f�� X J�Gc-z�if e� ��2�� ; Dominique Alexander, Trustee Marion Alexander, Trustee � I STATE OF D��d� ss. ; County of G�A�4-r�G��- ) I i � The foregoing instrument was acknowledged before me on this,���-day of Y1ti4-`� , 2006,by Dominique Alexander and Marion Alexander, Trustees of the i Alexander Living Trust. � �__��GtJ ; Notary for Oregon ; ���-:,,�,� o�tc�n� f , s� :. My commission expires: j./3_t�� � �"_�.�; FRANKi'Y L.A49Fi�riT i i•:OtARY PU�uc•o?ecoN COMMISSIC�;d N0.���5�:� � ..":?'<,'�SION D�IRES P;;,�,F;;M t 3,2008 i �- .� ' _ QFFICIAR a��.� :.3E: ' :s�i FRANK M1=,.�lAyf'�� �` NOTAFiYFL'-:�'���:%='�a� COMMIS�'�?+1�'3,;;:`.� �;fi��kGMIS510N D(P#�;:�:`�'�'��.'>�� ,�§� � — — -- - ---- ---__ Utilit Plan Y LEGEND � WATER METER: STANDARD SIZE 5/8 X 3/4 OFIELD VERIFY LOCATION OF EXISTING UTILITIES 175' Shed O TREES 65' � O j � � TREES TO BE REMOVED � I � � -sTORM-- STORM DRAINAGE � � _ � -wA�R-- WATER LINE � � r PROPOSED � -sAN-- SANITARY SEWER � HOUSE � iPARCEL 3 � NOTE: DRIVEWAY FOR PARCEL#2 HAS AN C O ; � � ESTIMATED SLOPE OF 22%, DAYLIGHT BASEMEN � AND PARTIAL UNDERGROUND GARAGE � � WILL BE USED INSTEAD � I � I e I � I � � I � I ' I � I � � I � � I O � I � I � �r I � � I �3, � I o EXISTING HOUSE j j N PARCEL 1 � O I � I � I �■ �■...�.■iw.....�a.� � 60' � � n � � ► � ,---�� N . � . —_--� - ---- - --- - � r--- -- - - - --- -- . -- - -- - - - � � � FW-- , � > � � a � � I Carport Z � I Q � I w J � PROPOSED � Z Z � � HOUSE I W ° Z � J PARCEL 2 I c� o � I z o� o � � a ' � ' � � � � � � � Z � �� � w cn � � Q i ¢ z ' o > > o � � �Q , � a o � o � �� N o0 a , W �^ I (� O O m ° o Q � � _ _ `�' �� _ �_ _ _ __ R taining wa�!I an driveway to be - - - - - - -� � - - - - I O -� - - - - - - - - -O - - - - - - - - -Q- �-�- I co�nstructed t�y th couniy u` 30' 30' � 30' 30' \ �— — � _ � — — W � SIDEWALK ��pe � � . � � �� - ' ' �1O STORAIOWUN _�__— I W_-._ __—�--_—__—_ _I.t+'__�—__--�__. . �____---lQ_L`—.Q--_—__._ �_'___-- STORM �?i ___ STORM 3L STORM N N � STORM STORM ————————— — ——————————— ——— ------" WATER —____--_ _ _—___----_�--__—___—.�--._—__— WATERISUns) � WATER WATER WATEN _—___�.—_�_____' _—_ J_��_—___—_'__--_—WS � _—____—_ — �___�_—___--_—_—WS__—_ t GAS ¢ S a � > � — _ — — — — � s e CENTERLINE CENTERLINE _ � » a � __Sµ--- 135th Ave � ----�,- - ------- ------------ _�__�_�_ _______— SPN _________—__— _____Sµ—__—.— SAN I , RE Name: Marion & Dominic ue Alexander Phone: 503 590-4063 � M � Site Address: 12645 SW 1 th �ve p Map & Tax Lot Number: 2S104BD-0100 33D - 7 � �� C. �"" Site Size: 36,700 Sq ft Date: 11/16/04 Zone: R-7 Scale: 1 " = 20' , 5/3/2006 Fees Associated With z:is:3oPM ' � Case #: MLP2004-00009 �I�y('��✓�' �(�.�,�'+'10� Crh•of 7i�u1•rl Fee Sturt End Revenue Created '1'ype Date D�te Dept Deseription Accoant�umtaer B� Date Amount Due l'R�ll� - I ?UU-! l? ?l ?UU� �L:�V�I)���� I'artiuun 1-ee-� Lut� lUU-UUUU-��SUUU C��AC I? �) ?oU-1 2.�)9Z.UU U.UU FIN2 8/4/2004 12i31/2005 [LANDUS] MLP Final Plat 100-0000-438000 ST 7/25/2005 738.00 738.00 LRP1 12/28/2004 12/31/2005 [LRPF] LR Planning Surcharge 100-0000-438050 ST 7/25/2005 109.00 109.00 LUNG 7/1/20Q4 12/31/2005 [i1NGRND] In LieuUnderground 230-0000-445003 ST 9/16/2005 6,125.00 6,12�.00 ADD1 7/1/2004 12/31/2005 [EADDRE]Address Fee 100-0000-433070 ST 9/30/2005 100.00 100.00 Total: $7,072.00 �, . _�• �.� �, � u� r� -� b� Q,v�d �- C��rt�-� �rn-.s . � �.o b.� �u.c�. . � �,�� +p�d-� • � n,�ed � be �- �� �'�. � -b a�� ��� � � �� � Page 1 of 1 c�.�r«,.�>>� . 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