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NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2005-00002
CITY OF T13ARD
YEDINAK PARTITION Community�Dec�ec�nr
SF+apingA BetterCommunity
120 DAYS =7/26/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: YEDINAK PARTITION
CASE NOS: Minor Land Partition (MLP) MLP2005-00002
Development Adjustment VAR2005-00051
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
.54-acre Iot into two (2) parcels for detached single-family residences. An existing
single-family dwelling exists on the subject parcel and is proposed to remain on
Parcel #1. To accommodate access to the proposed Parcel #2 a side yard setback
adjustment, reducing the required 5 feet to 4.4 feet is also requested to ensure
Parcel #1 remains in compliance with all setback requirements.
APPLICANT: Martin and Christine Yedinak OWNER: Same
PO Box 230194
Tigard, OR 97281
ZONiNG
DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square feet. Duplexes and attached
single-family units are permitted conditionally. Some civic and institutional uses are
also permitted conditionally.
LOCATION: 9090 SW O'Mara Street; WCTM 2S102DC, Tax Lot 511.
PROPOSED PARCEL 1: 9,601 Square Feet.
PROPOSED PARCEL 2: 11,329 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and
Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree
Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility ,
Improvement Standards).
SECTION II. DECISION
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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 MLP2005-00002/YEDINAK PARTITION PAGE 1 OF 19
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
u mit to t e anning epartment ary agenstec er, , ext. or review an
approval:
1. Prior to final plat approval the applicant shall submit a revised preliminary plat that shows the
visual clearance area accurately, in accordance with (TCDC) Section 18.795.040.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
2. A Public Facility Improvement (PFI) permit is req uired for this proJ'�ect to cover sewer taps, storm
drainage improvements 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 Buifding 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.tiaard.or.us).
3. The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who will �e3esignated 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 corp orate contact person. Failure to provide accurate
information to the Engineering Department will delay processing of project documents.
4. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT:
Shirley Treat, Engineermg).
5. Additional right-of-way shall be dedicated to the Public along the frontage of SW O'Mara Street to
provide 29 feet from centerline. The description shall be tied to the existing right-of-way
centerline. The dedication shall be on the plat.
6. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate
in the future improvements of SW O'Mara Street adjacent to the sub�ect property, when any of the
following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in whole or in
part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed by a third party and
involves the sharing of design and/or construction expenses by the third party owner(s) of
property in addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by the City Engineer
in conjunction with construction of improvements by others adjacent to the subject site.
7. The applicant shall pay the reimbursement fee; prior to issuance of the PFI for Sewer
Reimbursements District 23.
8. The applicant shall provide connection of proposed buildings to the public sanitary sewerage
system. A connection permit is required to connect to the existing public sanitary sewer system.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 2 OF 19
9. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to
the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates
can be established by:
. GPS tie networked to the City's GPS survey.
. By random traverse using conventional surveying methods.
10. 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 �regon, 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 (4RS 92.05), Washington County, and by the City of Tigard.
D. The ri ht-of-way dedication for O'Mara Streets 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 two mylar copies of the final
plat for City Engineer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
• PRIOR TO ISSUANCE OF BUILDING PERMITS:
u mit to t e anning epartment ary agenstec er, , ext. or review an
approval:
11. The applicant shall include the requirement to plant street trees as part of any future street
improvement in the restrictive covenant for proposed Parcels #1 and #2 identified in Condition #6
above.
12. Prior to issuance of building permits for Parcel #2, the applicant shall ensure all proposed tree
protection fencing is installed and inspected by the City Forester. Fencing shall remain in place
through the durafion of home building. After approval from the City Forester, the tree protection
measures may be removed.
13. Prior to issuance of building permits, the applicant shall record a deed restriction for each lot to
the effect that any tree larg er than 12 inches in diameter shall not be removed unless the tree
dies or is hazardous according to a certified arborist. The deed restriction may be removed or will
be considered invalid if a tree preserved in accordance with this section should either die or be
removed as a hazardous tree.
14. Prior to occupancy, the applicant shall install a sight obscuring fence (or everg reen hedge) and
street trees along the western edge of the proposed accessway serving Parcel # 2.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
15. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
16. The applicant shall either place the existing overhead utility lines along SW O'Mara Street
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 utili�y lines and will be $ 35.00
per lineal foot. If the fee option is chosen, the amount will be $ 3430.Ob and it shall be paid prior
to issuance of building permits.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 3 OF 19
17. During issuance of the building permit,.the applicant shall pay the fee in-lieu of constructing an
on-site water quality and water quantity facility. The fee is based on the total area of new
impervious surfaces in the proposed development.
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 Ject ot is located within the City of Tigard. The property is designated Low-Density Residential
on the Tigard Comprehensive Plan Map. The sub,�ect lot was developed with a single family dwelling in
1977. No land use approvals were found to be on fle.
Site Information and Pro osal Descri tions
e su �ect property is approximatey .54 acres or 23,994 square feet in size. The site has
approximately 98 feet of frontage on SW O'Mara Street and is approximately 260 feet deep. The
property slopes gently down towards the north. The adjacent properties are developed with single-family
homes.
The owner is proposing to partition one additional lot from the southern portion of the subject site as
indicated on the proposed partition plat. Proposed Parcel #1 (9,601 square feet) includes an existing
dwelling that is proposed to remam. A side yard setback adjustment is required to ensure compliance
with setback standards. Proposed Parcel #2 is 13,339 square feet.
SECTiOiV iV. PUaLiC COirifi'iliEt�f i�
The City mailed notice to property owners within 500 feet of the subject site providing them an
opportunity to comment. No written comments were received.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
Land Partitions (18.420):
The proposed partition complies with all statutory and ordinance requirements and regulations;
The proposed partition complies or can be made to comply with all statutory and ordinance requirements
and regulations as demonstrated by the analysis contained within this administrative decision and
through the imposition of conditions of development approval. Provided all necessary conditions are
satisfied as part of the development and building process, this criterion is met.
There are adequate public facilities available to serve the proposal;
Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility
Improvement Standards). Based on the analysis provided herein, Staff finds that adequate public
facilities are available to serve the proposal. Therefore, this cnterion is met.
All proposed improvements meet City and applicable agency standards; and
The public facilities and proposed improvements are discussed and conditioned later in this decision
under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part
of the permit process and during construction, at which time the appropriate review authority will ensure
that City and applicable agency standards are met. Based on the analysis in this decision, Staff finds
that this criterion is met.
NOTICE OF DECISION MLP2005-00002/1'EDINAK PARTITION PAGE 4 OF 19
All proposed lots conform to the specific requirements below:
The minimum width of the building envelope area shall meet the lot requirement of the applicable
zoning district
The minimum lot width required for the R-4.5 zoning district is 50 feet. Parcel #1 is 98 feet in width;
parcel #2 is also 98 feet wide. Therefore, this criterion has been met.
The lot area shall be as required by the applicable zoning district. In the case of a flag (ot, the
accessway may not be included in the lot area.
The minimum lot area requirement in the R-4.5 zoning district is 7,500 square feet for detached
single-family units. The proposed partition creates two (2) lots that are 9,601 and 13,339 square feet
(11,329 square feet without the flag pole) respectively. Therefore, this criterion has been met.
Each lot created through the partition process shall front a public right-of-way by at least 15 feet
or have a legally recorded minimum 15 foot wide access easement.
The proposed partition plat illustrates that the proposed pole for lot #2 is 15 feet wide, leaving a balance
of 83 feet of frontage for the existing dwelling. Therefore, this criterion is met.
Setbacks shall be as required by the applicable zoning district.
Setbacks for the R-4.5 zonin� district are as follows: front = 20 feet; side = 5 feet; and rear =15 feet. The
existing house on Parcel #1 is proposed to remain. This structure is situated from 29.1 to 30 feet from
the front property line (after a 9-foot right of way,dedication to the City for SW O'Mara Street), from15.6
to 16.4 feet from the existing east side property line, and from 4.4 to 5 feet from the proposed west side
property line, and 35 feet to the proposed rear property line. Although the west side yard setback does
not meet the zoning district standard, a 12 percent ad�ustment can be granted as determined below
under the variance section of this decision. The proposed budding envelope for Parcel #2, as shown on
the preliminary plat, meets the setback stand�rds, However, setbacks for the future homP will be
reviewed at the time of building permit submittal. Therefore, this criterion is met.
When the partitioned lot is a flag lot, the developer may determine the location of the front yard,
provided that no side yard is less than 10 feet. Structures shall generally be located so as to
maximize separation from existing structures.
The applicant's Preliminary Plat shows a 50-foot by 50-foot "approximate area for new home
construction." This area is sited such that there is a proposed 15-foot side yard setback from the
existing west parcel boundary, 20 foot rear yard set back from the parcel's existing southern boundary, a
32-foot side yard set back from the existing parcel's east boundary, and an approximate 44-foot front
yard set back from the proposed north property boundary. Therefore, this criterion is met.
A screen shall be provided along the property line of a lot of record where the paved drive in an
accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040.
Screening may also be required to maintain pr�vacy for abutting lots and to provide usable
outdoor recreation areas for proposed development.
The proposed flag lot access way is approximately 160 feet in length and is located within ten feet of the
abutting lot for approximately 125 feet. Therefore, screening with a fence, wall, or hedge shall be
provided along the property line in accordance with the screening provisions in 18.745.050.
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 (TVFR) has reviewed the proposal and has not required an additional fire hydrant; there
is already a hydrant directly in front of Parcel #1.
Where a common drive is to be provided to serve more than one lot a reciprocal easement
which will ensure access and maintenance rights shall be recorded wit� the approved partition
map.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 5 OF 19
There are no existing or proposed shared driveways; therefore this standard is not applicable.
Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and
Circulation.
This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision.
Where landfill and/or development is allowed within or adjacent to the one-hundred year
floodplain, the city shall 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 pedestrianlbicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan.
The partitioned lots are not within nor adjacent to a one-hundred-year floodplain. Therefore, this
standard does not apply.
An application for a variance to the standards prescribed in this chapter shall be made in
accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition
and variance(s)/adjustment(s) will be processed concurrently.
An application for a side yard setback development adJ�ustment from the required 5 feet to 4.4 feet has
been submitted with this application and is reviewed below in accordance with Chapter 18.370.
FINDINGS: The proposed minor land partition meets, or can meet, all of the relevant standards of the
land partition section as indicated in the above findings and following sections of this
decision.
Residential Zoninq Districts (18.5101:
Development standards in residential zoning districts are contained in Table 18.510.2 below:
TABLE 18.510.2 - DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-4.5 Parcel1 Parcel2
Minimum Lot Size
- Detached unit 7,500 sq.ft. 9,601 sq.ft. 11,329 sq. ft.
-Duplexes 10,000 sq. ft.
-Attached unit
Average Minimum Lot Width
-Detached unit lots 50 ft. 98 ft. 98 ft.
- Duplex lots gp ft,
-Attached unit lots
Maximum Lot Covera e - NA NA
Minimum Setbacks
-Front yard 20 ft. 29.1 -30 ft. Can be met[1]
-Side facing street on corner&through lots 15 ft. N/A N/A
-Side yard 5 ft. 4.4-5.0 ft. Can be met
-Rear yard 15 ft. 69 ft. Can be met
-Side or rear yard abutting more restrictive zoning district , — N/A N!A
-Distance befirveen property line and front of garage 20 ft. 29.1 ft. Can be met
-Side Yard Setbacks for Fla Lots DC 18.420.050 A 4 e 10 ft. N/A Can be met
Maximum Hei ht 35 ft. existin Can be met 2
Minimum Landsca e Re uirement - NA NA
[1]The applicanYs narrative does not clearly describe proposed setbacks for the proposed dwelling on Parcel#2.Several scenarios are described but
are conflicting.Therefore,no specific dimensional proposal is reviewed here. However,the original 50-foot by 50-foot building envelope shown on the
preliminary plat would allow the applicable setbacks to be met. Adual setbacks will be reviewed during the building permit process for future
development on the proposed Parcel#2.
[2]The proposed height of the prop�sed dwelling on Parcel#2 is two stories and 18 feet(as measured according to Table 18.120.1) and must be
reviewed under the exceptions to development standards for flag lots(18.730).
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 6 OF 19
FINDING: As demonstrated in the above table, the development standards of the R-4.5 zone have
not been met for proposed parcel #1. The side yard setback from the existing structure
to the proposed flag pole access for parcel #2 is 4.4 feet, less than the required 5 feet.
Therefore, a variance is required to adJ�ust the setback. The proposed variance has
been applied for and, as reviewed below concurrently in this decision, meets the
variance standards and can be approved.
Setback standards, required by Table 18.510.2 will ap�ly to future development of
proposed parcel #2. The proposed 50-foot by 50-foot building envelope, as shown on
the applicant's preliminary plat, meets the setback standards as shown in the above
table. The proposed dwelling's two stories may be allowed as shown in the review of the
building heights and flag lots standards below. Future development on Parcel #2 will be
reviewed through the building permit process to ensure compliance with the R-4.5
development standards. Therefore, the development standards for the R-4.5 residential
zoning district are met.
Exc�e tions To Development Standards (18.7301 .
BuiTding�ig an ag o
Limitations on the placement of residential structures on flag lots apply when a flag lot was
created prior to April 15, 1985; a flag lot is created after April 15, 1985 by an approved
partition; or a flag lot is created by the approval of a subdivision and the flag lot is located on
the periphery of the subdivision so that the lot adjoins other residentially-zoned land.
This standard applies to the proposed partition because this application for a land partition comes
after April 15, 1985.
The maximum height for an attached or detached single-family, duplex, or multi�le family
residential structure on a flag lot or a lot having sole access from an accessway, private drive
or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may
be 2-1/2 stories or 35 feet, whichever is less, provided:
a. The proposed dwelling otherwise complies with the applicable dimensional
req uirements of the zoning district;
b. A 10 feet side yard will be preserved;
c. A residential structure on any abutting lot either is located 50 feet or more from the
nearest point of the subject dwelling, or the residential structure exceeds 1-112 stories
or 25 feet in height on any abutting lot; and
d. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on
any abuttin� lot unless the proposal includes an agreement to plant trees capable of
mitigating direct views, or that such trees exist and will be preserved.
The applicant's narrative states that the proposed dwelling for Parcel #2 will not exceed 35 feet. The
applicanYs elevation drawings show a two-story dwelling with an average hig hest gable height of
approximately 18 feet. Because the proposed dwelling is fin►o stories, the additional criteria must be
met. As reviewed in the above section, the proposed dwelling can meet the applicable dimension
requirements of the R-4.5 district, including 10-foot side yard setbacks. All residential structures on
ad�oining lots are located from 70 to 150 away from the proposed building envelope. Windows of the
proposed dwelling do exceed 15 feet above grade and therefore must be screened from the patio of
the existing dwelling on Parcel #1. The applicant's tree plan shows that two 14-inch dbh filbert trees,
identified to be retained, are located such that they would adequatel mitigate direct views. Therefore,
the height of the proposed dwelling on the proposed Parcel #2 mee�s the building height standard for
flag lots.
FINDING: The height of the proposed dwelling on the proposed flag lot meets the criteria of
Section 18.730.020.0
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 7 OF 19
Variances and Adjustments (18.370)
Development adjustments.
The following development adjustments will be granted using approval criteria below:
a. Front yard setbacks. Up to a 25% reduction of the dimensional standards 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 maximum lot coverage required in the base
zone.
Approval criteria.
A demonstration that the adjustment requested is the least required to achieve the desired
effect;
The desired effect is to preserve the existing dwelling while providing for a 15-foot flag lot access
way. The proposed side yard setback adjustment from 5 feet to 4.4 feet (12%) is less than the 20
percent reduction allowed and is the least required to achieve the desired efifect. Therefore, this
criterion is met.
The adjustment will result in the preservation of trees, if trees are present in the development
area;
No trees are present in the side yard adJ�acent to the dwelling. The proposed adjustment will have no
consequence to the preservation trees. Therefore, this criterion does not apply.
The adjustment will not impede adequate emergency access to the site;
The adjustment to the side ya�d �P±hack will not rpcluce the re��!ired ?cce�s width �f 15 fAAI.
Therefore, the ad'ustment will not have any effect on emergency access to the proposed flag lot.
Therefore, this cri�erion is met.
There is not a reasonable alternative to the adjustment which achieves the desired effect.
The desired effect is to preserve the existing building while providing a flag lot access way to the rear
of the property. The side yard dimension on the east side of the dwelling is 15 feet six inches, less
than the 19 feet 4 inches on the west side. Therefore, there is not a reasonable alternative to the
adjustment which achieves the desired effect.
FINDING: The proposed side yard adjustment meets the adjustment criteria.
Access, Eqress and Circulation (18.7051:
Continuin�obli�ation of property owner. The provisions and maintenance of access and eg ress
stipulated in this title are continuing requirements for the use of any structure or parcel of real
property in the City.
The standards of this chapter wilt be a continuing obligation on the owners of these parcels.
Section 18.705.030.H.1 states that an access report shall be submitted with all new development
proposals which verifies design of driveways and streets are safe by meeting adequate stacking
needs, sight distance and deceleration standards as set by ODOT, Washingfon County, the City
and AASHTO.
An access report has not been submitted. Traffic trip generation is minimal with the scale of
development allowed under a minor land partition and therefore is not required.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 8 OF 19
Section 18.705.030.H.2 states that drivewa�s shall not be permitted to be �laced in the influence
area of collector or arterial street intersections. Influence area of intersections is that area where
queues of traffic commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet, measured from the right-
of-way line of the intersectin� street to the throat of the proposed drivewa�. The setback may be
�reater depending upon the influence area, as determined from City Engineer review of a traffic
impact report submitted by the applicant's traffic engineer. In a case where a project has less
than 150 feet of street frontage, the applicant must explore any option for shared access with the
adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far
from the intersection as possible.
The proposed development is located over 1,300 lineal feet from the nearest collector or arterial, Hall
Boulevard. Therefore, the proposed driveway meets this standard.
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.
SW O'Mara Street is a local street, and no new streets are being created. Therefore, this standard is
met.
Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize
jointly the same access and egress when the combined access and egress of both uses,
structures, or parcels of land satisfies the combined requirements as designated in this title,
provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases
or contracts to establish the joint use• and copies of the deeds, easements, leases or contracts
are placed on permanent file with the G�ity.
No joint access is proposed. This standard is not applicable.
Public street access. All vehicular access ancl egress as res�uired 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.
The proposed flag lot parcel has a 15-foot wide access to SW O'Mara Street, a public street. This
standard is met.
Minimum access requirements for residential use. Private residential access drives shall be
provided and maintained in accordance with the provisions of the Uniform Fire Code.
Each parcel will have a standard driveway. The slope of both driveways will be less than the overall
4.5% slope over the entire length of the parcel. Parcel #1 will retain the existing driveway, which will
extend 30 feet in length from the revised right of waX line. The flag pole for Parcel #2 is approximately
117 feet long. The proposed construction site is identified on the preliminary partition plan approximately
44 feet beyond.the pole. The total length of the driveway for proposed parcel #2 could be 161 feet.
Comments received from Tualatin Valley Fire and Rescue state that no turnaround is required due to the
depth of the access roadway, and that the access roadway meets the fire apparatus access road width
and vertical clearance standard. Therefore, this standard is met.
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) A circular, paved surface having a
minimum turn radius measured from center point to outside edge of 35 feet; b) A hammerhead-
configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet
and a minimum width of 20 feet; c) The maximum cross slope of a required turnaround is 5%.
As described above, comments received from Tualatin Valley Fire and Rescue state that no turnaround
is required due to the depth of the access roadway, and that the access roadway meets the fire
apparatus access road width and vertical clearance standard. Therefore, this standard is met.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 9 OF 19
To provide for increased traffic movement on congested streets and to eliminate turning
movement problems, the Director may restrict the location of driveways on streets and require
the location of driveways be placed on adjacent streets, upon the finding that the proposed
access would cause or increase existing hazardous traffic conditions; or provide inadequate
access for emergency vehicles; or cause hazardous conditions to exist which would
constitute a clear and present danger to the public health, safety, and general welfare..
O'Mara is a local street serving a low density residential neighborhood. There are no specific reasons to
restrict access or require joint access for the proposed flag lot accessway. Therefore, tf�is standard does
not apply.
FINDING: The standards of the Access Management chapter (18.705) have been satisfied.
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 description 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.
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. Calcul�iting minimum number of �esidential units. As required by SectiQn 18.510.049, 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 subject. .54-acre parcel totals 23,606 square feet. There are no sensitive land areas or private
streets within the sub�ect proposal. To determine the net developable area, the square footage to
accommodate the existing house on Parcel #1 (9,601 square feet), the area of the pole of the
proposed flag lot (1,755 square feet), and the O'Mara Street right of way dedication (7 feet x 98 feet =
686 square feet) are deducted (23,606 square feet gross — 12,042 square feet deductions = 11,564
net developable square feet). As the minimum lot size for the R-4.5 zone is 7,500 square feet, the
maximum number of additional lots is one. The minimum number of additional lots is zero. The
proposed partition creates two 2) separate lots in conformance with the ens�quirements.
FINDING: Based on the analysis above, the Density Computation Standards have been met.
Landscapinq and Screeninq (18.745):
Street trees: Section 18.745.040
ection . 45.040.A.: All development projects fronting on a public street, private street or a
private driveway more than 100 feet in fength approved after the adoption of this title shall be
required to plant street trees in accordance with the standards in Section 18.745.040C.
This proposed pro'ect includes frontage on SW O'Mara Street, a public street. The driveway serving the
proposed Parcel �2 exceeds 100 feet in length. Therefore, street trees are required along the public
street and the proposed flag lot driveway of Parcel #2. The req uired trees shall be planted in
accordance with the standards for size and spacing in this title, under Section 18.745.040.C. Since SW
O'Mara Street is not improved with curbs and sidewalks along the fronta e, and will undergo a street
improvement in the future, and since the street improvement has not ye� been designed, planting of
street trees will be deferred until the street improvements occur. However, street trees shall be planted
along the proposed flag lot accessway prior to occupancy of the proposed dwelling on Parcel #2.
NOTICE OF DECISION MLP2005-0OD02/YEDINAK PARTITION PAGE 10 OF 19
Bufferin and Screenin Re uirements: Section 18.745.050.5
ere screening is require t e o owing standards shall apply:
a. A hedge of narrow or broad leaf everg reen shrubs shall be planted which will form a four
foot continuous screen of the height specified in Table 18.745.2 within two years of
planting, or
b. An earthen berm planted with evergreen plant materials shall be provided which will form
a continuous screen of the height specified,in Table 18.745.2 within two years. The
unplanted portion of the berm shall be planted in lawn or other living ground cover; or
c. A fence or wall of the height specified in Table 18.745.2 shall be constructed to provide a
continuous sight obscuring screen.
Pursuant to 18.420, a screen shall be provided alon the property line of a lot of record where the
paved drive in an accessway is located within ten feet o�an abutting fot. The proposed Parcel #2 access
drive is located within 5 feet of the adjacent lot and the proposed Parcel #2 for approximately 120 feet.
Therefore, a screen shall be provided that meets the above criteria. The applicant has proposed a fence
for this purpose.
FINDING: The landscape standards have not been met. However, with conditions of approval
requiring street trees along O'Mara Street and street trees and screening along the flag lot
accessway on Parcel #2, the landscaping standards can be met.
CONDITIONS:
. The applicant shall record a restrictive covenant with proposed Parcels #1 and #2
that will include a requirement for planting street trees as part of any future street
improvement.
. . Prior to occupancy, the applicant shall provide street trees, pursuant to Section
18.745.040, and screening, pursuant to 18.745.050.5, along the accessway for
pr�pe�ed Parce! #2.
Tree Removal (18.790):
tree p an or t e p anting, removal and protection of trees prepared by a certified arborist shall
be provided for any lot„_ parcel or combination of lots or parcels for which a development
application for a subdivision, partition, site development review, planned development or
conditional use is filed. Protection is preferred over removal wherever possible.
The applicant has submitted a tree protection plan that has been reviewed and accepted by the City
Forester. The applicant has indicated that there are 5 trees greater than 12-inch diameter on the
property and has proposed retaining all of these trees. Since this represents a 100% retention of trees,
no mitigation is required. The City Forester, however, notes that no building permits for the proposed
Parcel #2 should be issued until the City Arborist can verify that protection measures have been installed
according to the required tree protection plan.
Section 18.790.040 states that any tree preserved or retained in accordance with this section may
thereafter be removed only for the reasons set out in a tree plan, in accordance with Section
18.790.030, or as a condition of approval for a conditional use, and shall not be subject to
removal under any other section of this chapter. The properiy owner shall record a deed
restriction as a condition of approval of any development permit affected by this section to the
effect that such tree may be removed only if the tree dies or is hazardous according to a certified
arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in
accordance with this section should either die or be removed as a hazardous tree. The form of
this deed restriction shall be subject to approval by the Director.
The applicant will be required as a condition of approval to record a deed restriction limiting the removal
of trees that are retained on the project site greater than 12 inches in diameter, in accordance with this
standard.
FINDING: Based on the analysis above, the Tree Removal Standards have not been met. In order
to meet the standard, the applicant shall satisfy the following conditions:
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 11 OF 19
CONDITIONS:
. Prior to issuance of building permits, the applicant shall ensure all proposed protection
fencing is installed and inspected, and shall remain in place through the duration of
home building. After approval from the City Forester, the tree protection measures may
be removed.
. Prior to issuance of building permits, the applicant shall record a deed restriction for each
lot to the effect that any tree larger than 12 inches in diameter shall not be removed unless
the tree dies or is hazardous according to a certified arborist. The deed restriction may be
removed or will be considered invalid if a tree preserved in accordance with this section
should either die or be removed as a hazardous tree.
Visual Clearance Areas (18.795):
TFis ap er requires fha�a cTar vision area shall be maintained on the corners of all property
adjacent to intersecting right-of-ways or the intersection of a public street and a private
driveway. A clear vision area shall contain no vehicle, hedge, plantin , fence, wall structure, or
temporary or permanent obstruction exceeding three (3) feet in heigh� The code provides that
obstructions that may be located in this area shall be visually clear between three (3) and eight
(8) feet in height Trees may be placed within this area provided that all branches below eight (8�
feet are removed. A visual clearance area is the triangular area formed by measuring from the
corner, 30-feet along the right of way and along the driveway and connecting these two points
with a straight line.
The applicant's site plan does not show the vision clearance triangles for the proposed lots. The vision
clearance areas will need to be shown on a revised preliminary plat.
FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards are not
presently met.
CONDITION: Prior to final plat approval, the applicant shall submit a pfat that shows the vis�al clearance
area accurately, in accordance with Tigard Community Development Code (TCDC)
Section 18.795.040.
Impact Study (18.390)
ec ion f�3SU�9U—states, "The Director shall make a finding with respect to each of the
following criteria when approving, approving with conditions or denying an application:"
Section 18.390.040 states that the applicant shall provide an impact study to quantify the
effect of development on public facilities and services. For each public facility system and
type of im act, the study shall propose improvements necessary to meet City standard, and to
minimize �he impact of the development on the public at large, public facili�ies systems, and
affected private property users.
In situations where the Community Development Code requires the dedication of real property
interests, the applicant shall either specifically concur with a requirement for public right-of-way
dedication, or provide,evidence that supports that the real prope� dedication is not roughly
proportional to the pro�ected impacts of the development. Section 1 390.040 states that when a
condition of approval requires the transfer to the public of an interest in real roperiy, the
approval authority shall adopt findings which support the conclusion that the in�erest in real
property to be transferred is roughly proportional to the impact the proposed development will
have on the public.
The a�plicant has submitted an impact study. The applicant will not be required to physically improve
SW O Mara Street since the subject property has such a limited amount of frontage, and the majority of
the street is unimproved. However, the applicant will be required to submit a waiver of remonstrance for
future participation in a Local Improvement District (LID) for street improvements on SW �'Mara Street
to mitigate for the addition of 10 vehicle trips from the site. The applicant will be extendin� sanitary
sewer and storm drainage connections to the two parcels to account for the additional impervious area
being added to the site and to mitigate for the loss of the present septic drain field. Sewer is already
available and has sufficient capacify to serve the develo ment. Other impacts to public facilities are
offset by the collection of Systems Development Charges �SDC's) collected at the time of building permit
issuance. Therefore, this standard can be satisfied through meeting the conditions of approval in this
decision.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 12 OF 19
The Washington County Traffic Impact Fee. (TIF) is a mitigation measure that is required at the time of
development. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy
Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of
new development on the Collector and Arterial Street system. The applicant will be required to pay TIF's
of approximately $2,260 per new dwelling unit.
Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements
citywide, a fee that would cover 100 percent of this projects traffic impact is $7,062 ($2,260 divided by
.32). The difference between the TIF paid, and the full impact, is considered the unmiti ated im act on
the street system. The unmitigated impact of this project on the transportation system is�4,802 (�7,062-
$2,260): The applicant will be required to dedicate additional right-of-way along SW O'Mara Street
(approximately 883 square feet) for future road improvements. Tiie approximate value of unimproved
residentially zoned property is $3.00 per square foot, for a total value of $2,649.00. Since the
unmitigated impact remaining is $2,153. ($4,802-$2,649.00) the required exaction is proportionate.
PUBLIC FACILITY CONCERNS
Street And Utility Improvements Standards (Section 18.810):
a�e��$$� p�.rovi es construction stan ar s orTimplementation 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 cledicated and l�proy�� !!'! ?C�ordance vyith ths TL�G.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a collector street to
have a 35-foot right-of-way width and 23-foot paved section. Other improvements rec�uired may
include on-streef parking, sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
This site lies adJ�acent to SW O'Mara Street, which is classified as a local street on the City of Tigard
Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according
to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 27
feet from centerline.
SW O'Mara Street is currently partially improved. In order to mitigate the impact from this development,
the applicant should enter into a restnctive covenant for future street improvements.
Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan
shall be filed which shows the pattern of existing and proposed future streets from the
boundaries of the proposed land division. This section also states that where it is 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 and a barricade shall be constructed at the end of
the street These street stubs to adjoining properties are not considered to be cul-de-sacs since
they are intended to continue as through streets at such time as the adjoining property is
developed. A barricade shall be constructed at the end of the street by the property owners
which shall not be removed until authorized by the City Engineer, the cost of which shall be
included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-
sac bulbs shall be constructed for stub streets in excess of 150 feet in length.
Due to the surrounding development there is no opportunity for future street extensions through this
development.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 13 OF 19
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be
desi�ned with due regard to providing adequate building sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall
not exceed 1,800 feet measured along the right-of-way line except:
. Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre-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.
No new streets are being created with this partition. Therefore, this standard is not applicable.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements
or right-of-ways shall be provided when full street connection is not possible. Spacing between
connections shall be no more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict adherence to other standards
in the code.
Similarly, since no streets are being proposed, and no connections are required, this standard is not
applicable.
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 t�mes the minimum lot size of the
applicable zoning district
The lot width for both parcels is 98 feet and the lot depth for both parcels is 117 feet. The lot depths are
1.19 times the lot widths, con�istent with this standard.
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public
or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies,
which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide
recorded access easement In cases where the lot is for an attached single-family dwelling unit,
the frontage shall be at least 15 feet.
The proposed development is a minor land partition. Parcel #1 has 83 feet of frontage on O'Mara. Parcel
#2 has 15 feet frontage. Therefore, this criterion is met.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design
standards and be located on both sides of arterial, collector and local residential streets. Pr�vate
streets and industrial streets shall have sidewalks on at least one side.
The applicant will enter into a restrietive covenant for future half-street improvements that will include
construction of sidewalks.
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
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 8-inch sewer in O'Mara Street that was constructed by the Ci�'s Sewer
Reimbursement District 23. The applicant shall pay the reimbursement fee prior to issuance o the PFI.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 14 OF 19
Storm Drainage:
General Provisions: Section 18.810.100.A states requires developers to make adequate
provisions for storm water and flood water runoff.
Accommodation of 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 ou�.side the development. The City Engineer shall approve the
necessary size of the facility, based on the provisions of Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and
including any future revisions or amendments).
There are no upstream drainage ways that impact this site.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the
City Engineer that the additional runoff resulting from the development will overload an existing
draina�e facility, the Director and Engineer shall withhold approval of the development until
provisions have been made for improvement of the potential condition or until provisions have
been made for storage of additional runoff caused by the development in accordance with the
Design and Construction Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or amendments).
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
detention. The applicant is required to pay the water quantity SDC upon application for the building
permits.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed
bikeways ident�fied on the Ci�'s adopted pedestrianlbikeway plan shall include provisions for
the future extension of such bi eways through the dedication of easements or right-of-way.
O'Mara Street is a designated bicycle facility. The applicant has agreed to enter into a restrictive
covenant for future streef improvements, which include tf�e str'iping for a bicycle lane. This criterion is
met.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes and
meter cabinets which may be placed above ground, tem porary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or above, and:
. The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
. The City reserves the right to approve location of all surface mounted facilities;
. All underground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
. Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
NOTICE OF DECISION MLP2005-00002/`(EDINAK PARTITION PAGE 15 OF 19
Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall
pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a
street where existing utilities which are not underg round will serve the development and the
approval authority determines that the cost and technical difFculty of under-grounding the
util�t�es 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 properiy shall pay a fee in-lieu of
under-grounding.
There are existing overhead utility lines along the frontage of SW O'Mara Street. 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 98 lineal feet; therefore the fee would be $3,430.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
Public Water S stem:
e i o igar provides water service in this area. The applicant has shown the installation of a new
meter for Parcel 2.
Storm Water Quali :
T�ie �ity as agree to enforce Surface Water Management (SWM) regulations established by
Clean Water Serv�ces (CWS) Design and Construction Standards (adopted by Resolution and
Order No. 00-7) which require the construction of on-site water quality facil�ties. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm
water runoff generated from newly created impervious surfaces. In addition, a maintenance plan
shall be submitted indicating the frequency and method to be used in keeping the facility
maintained through the year.
The CWS standards include a provision that would exclude small projects such as residential land
partitions. It would be impracticaf to require an on-site water quality facility to accommodate treatment of
the storm water runoff from the parcels. Rather, 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.
Gradin and Erosion ControL•
esign an onstruction 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 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.
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.
The developer will also be required to provide signage at the entrance of each flag lot driveway or
private street that lists the addresses that are served by the given driveway or street. This will assist
emergency services personnel to more easily find a particular home.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 16 OF 19
Surve Re uirements
e app ican s ina p at shall contain State Plane Coordinates [NAD 83 (91)] on finro monuments with a
tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
established by:
. GPS tie networked to the City's GPS survey.
. By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicanYs engineer
shall provide the City with an electronic file with points for each structure (manholes, catch basins, water
valves, hydrants and other water system features) in the development, and their respective X and Y
State Plane Coordinates, referenced to NAD 83 (91).
SECTION VI. OTHER STAFF COMMENTS
City of Tigard Public Works Department has reviewed the pro�osal and noted that the department wil!
insfall a new water service with meter purchase by owner; re ocation of existing water meter will be
invoiced to the owner; and the water meter for the new service must be located in a landscaped area
only.
City of Tigard Forester has reviewed the proposal and states that the tree plan conducted by Terry
Flanagan contains all of the required components of a tree plan and is, therefore, acceptable.
City of Tigard Building.Department has reviewed the proposal and recommends a geotech report if
the slope of the property in the proposed building site exceeds 20% grade.
RESPONSE: The grade over t�e ���ire site �aes not exceed �.5%. Therefore, a g��#��h repart is �ot
required.
SECTION VII. AGENCY COMMENTS
Clean Water Services has reviewed the proposal and stated that "based on review of 2002 aerial,
potentially sensitive areas do not appear to exist within 200 feet of the site."
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments:
FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access
rva s s a e wit in eet o a po ions o e e enor wa o e irs s ory o t 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.
No turnaround is required due to the depth of the access roadway.
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 spnn 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 o 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.
NOTICE OF DECISION M�P2005-00002/1'EDINAK PARTITION PAGE 17 OF 19
The access roadway meefs this Fire District standard.
SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surface
a is easi y is inguis a e rom e 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.
GRADE: Fire apparatus access roadway rades shall not exceed 10 percent. Intersections and
urnarounds shall be level (maximum 5%) wit� the exception of crowning for water run-off. When fire
sprinklers are installed, a maximum grade of 15% may be allowed. The approval of fire sprinklers as an
alternate shall be accomplished in accordance with the provisions of ORS 455.610(5).
GATES: Gates securing fire apparatus roads shall comply with all of the following:
:I�linimum unobstructed width shall be 16 feet, or two 10 foot sections with a center post or island.
. Gates serving one- or two-family dwellings shall be a minimum of 12 feet in width.
. Gates shall be set back at minimum of 30 feet from the intersecting roadway.
. Gates shall be of the swinging or sliding type
• Manual operation shall be capable by one person
. Electric gates shall be equipped with a means for operation by fire department personnel
. Locking devices shall be approved.
SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single
ami y we ings.an up exes serve y a municipa wa er 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: Where
a po ion o a struc ure is more t an eet rom a y rant on a ire apparatus access road, 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 hydrants
avai a e o a ui ing s a no e ess an a is 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 the fire code official.
FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than
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
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.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 18 OF 19
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 19, 2005 AND BECOMES
EFFECTIVE ON JUNE 4, 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 wntten 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.
Tht DEADLiNE FOR FILING AN APPEAL iS 5:88 PNl ON Jiiivt 3, 2005. � I
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503} 639-4171.
Mav 19, 2005
PREPARED BY: Ga g stecher DATE
As ociate Planner
�-
, Mav 19, 2005
APPROVED BY: c ard Bewersdo DATE
Planning Manager
i:�curpin�gary4ninor land partition�rnlp2005-00002(yedinak)4nIp2005-00002 decision.doc
NOTICE OF DECISION MLP2005-00002/1'EDINAK PARTITION PAGE 19 OF 19
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S�T� PLAN
(Map is not to sca�e) N YEDINAK PARTITION
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2005-00002 � �
CITY OF TIGARD
YEDINAK PARTITION commun�ty�����ropment
S&aping�3 BetterCommunity
120 DAYS =7/26/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: YEDINAK PARTITION
CASE NOS: Minor Land Partition (MLP) MLP2005-00002
Development Adjustment VAR2005-00051
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
.54-acre lot into two (2) parcels for detached single-family residences. An existing
single-family dwelling exists on the subject parcel and is proposed to remain on
Parcel #1. To accommodate access to the proposed Parcel #2 a side yard setback
adjustment, reducing the required 5 feet to 4.4 feet is also requested to ensure
Parcel #1 remains in compliance with all setback requirements.
APPLICANT: Martin and Christine Yedinak OWNER: Same
PO Box 230194
Tigard, OR 97281
ZONING
DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory
residential units at a minimum lot size of 7,500 square feet. Duplexes and
attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally.
LOCATION: 9090 SW O'Mara Street; WCTM 2S102DC, Tax Lot 511.
PROPOSED PARCEL 1: 9,601 Square Feet.
PROPOSED PARCEL 2: 11,329 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and
Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree
Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility
Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in the full decision, available at City Hall.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
All documents and applicable criteria in the above-noted file are available for inspection at no cost or
copies can be obtained for twenty-five cents (25G) per page, or the current rate charged for copies at the
time of the request.
SECTION III. PROCEDURE AND APPEAL INFORMATION
Notice:
o1T 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 19, 2005 AND BECOMES
EFFECTIVE ON JUNE 4, 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 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 JUNE 3, 2005.
Questions:
oF�urt�r information please contact the Planning Division Staff Planner, Ga Pa enstecher at
(503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 9 .
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NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER:
THE TIGARU DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
NOTICE OF PENDING LAND USE APPLICATION CITYOFTIGARD
MINOR LAND PARTITION Shap�tABet�rCCmmunity
DATE OF NOTICE: April 5, 2005
Fi�E rvunnBER: MINOR LAND PARTITION (MLP) 2005-00002
FILE NAME: YEDINAK PARTITION
PROPOSAL: The applicant is requesting approval for a Minor Land Partition to partition a .54 acre parcel
into two (2) lots. There is an existing dwelling on the site that will remain on designated lot
one. The second lot will be created as a flag lot.
ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at
a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are
permitted conditionally. Some civic and institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745,
18.765, 18.790, 18.795 and 18.810.
LOCATION: 9090 SW O'Mara Street; WCTM 2S102DC, Tax Lot 511.
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS:
Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to
submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT
5:00 PM ON APRIL 19, 2U05. All comments should be directed to GaN Pagenstecher, 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 Garyp(a�ci.tigard.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 JUNE 1, 2005. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A
COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED.
WRITTEN C�MMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL �
CONTAIN THE FOLLOWING INFORMATION:
�
. -
. Address the specific "Applicable Review Criteria" described in the section above or any other criteria
believed to be applicable to this proposal; �
. Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to
provide a response;
. Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant
approval criteria with sufficient specificity on that issue.
Failure of any party to address the relevant approval criteria with sufficient specificity may preclude
subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings
directed at the relevant approval criteria are what constitute relevant evidence.
AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE
DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN
500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE
ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED
UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH
CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION.
SUMMARY OF THE DECISION-MAKING PROCESS:
. The application is accepted by the City
. Notice is sent to property owners of record within 500 feet of the proposed development area allowing a
14-day written comment period.
. The application is reviewed by City Staff and affected agencies.
. City Staff issues a written decision.
. Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all
owners of record of property located within 500 feet of the site, as shown on the most recent property tax
assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any
governmental agency which is entitled to notice under an intergovernmental agreement entered into with the
City which includes provision for such notice or anyone who is otherwise entitled to such notice.
INFORMATION/EVIDENCE AVAILABLE FOR REVIEW:
The application, written comments and supporting documents relied upon by the Director to make this decision are
contained within the record and are available for public review at the City of Tigard Community Development
Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this
service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of
this Notice under the section titled "Your Right to Provide Written Comments."
naNmr r�ar
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.Clry of Tigud
REQUEST FOR COMMENTS CITYOFTIGARD
Commur�ity�Dciclopn:ent
S(capingA�etter Community
DATE: April 5,2005
T0: Mark Vandomelen,Residential Plans Examiner
FROM: City of Tigard Planning Diuision
STAFF CONTACT: 6arY Pagenstecher,Associate Planner[x24341
Phone: [5031639-4111/Fax: [5031684-729]
➢ YEDINAK PARTITION Q
MINOR LAND PARTITION (MLP) 2005-00002
REQUEST: The applicant is requesting approval for a Minor Land Partition to partition a .54 acre parcel
into two (2) lots. There is an existing dwelling on the site that will remain on designated lot one. The
second lot will be created as a flag lot. LOCATION: 9090 SW O'Mara Street; WCTM 2S102DC, Tax
Lot 511. COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential District. ZONE: R-4.5:
Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached
single-family homes with or without accessory residential units at a minimum lot size of 7,500 square
feet. Duplexes and attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795
and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a
decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: APRIL 19. 2005. You may use the space provided below or attach a separate letter to return your
comments. If vou 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.
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:
4Ear�cll RtQ�Rr `�Q�,�2�(J �a.2 �OME UNST.tuc�r-Sc�.ci ���C !�S'G -�tnT , s0-S�S
�l1M�0�4LT-Z'oN �NI� �GOTSN4 - S�.CnGf S�T ��1CK5 � � LG>T �XC �G D5
o�O �D G�2 A�L
Name 8 Number of Person Commenting:
M ,/�
' ^�:
REQUEST FOR COMMENTS CITYOFTIGARD
�'ommunfty�Ue�c�eCopment
ShapingA BetterCommunity
�-`�
DATE: April 5,2005 / 4�
�--/
T0: Brian Rager,Public Works Engineering Manager ,
.�"� -
FROM: City of Ti9ard Plannin9 Division
STAFF CONTACT: GarY Pagenstecher,Associate Planner[x24341 �M��
Phane: [5031639-41r/Fax: [503]684-1297
�- ,��(��
➢ YEDINAK PARTITION Q
MINOR LAND PARTITION (MLP) 2005-00002
I REQUEST: The applicant is requesting approval for a Minor Land Partition to partition a .54 acre parcel
into two (2) lots. There is an existing dwelling on the site that will remain on designated lot one. The
second lot will be created as a flag lot. LOCATION: 9090 SW O'Mara Street; WCTM 2S102DC, Tax
Lot 511. COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential District. ZONE: R-4.5:
Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached
single-family homes with or without accessory residential units at a minimum lot size of 7,500 square
feet. Duplexes and attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795
and 18.810.
Attached are the Site Plan, Vicinity Map and ApplicanYs Information for your review. From information supplied by various
departments and agencies and from oth�; information available to our staff, a report and recommendation will be prepared and a
decision will be rendered on the propos�l in the near future. If you wish to comment on this application, WE NEED YOUR
�� --�---
COMMENTS BACK jBY: - �►PRIL 1�r��� : You may use the space provided below or attach a separate letter to return your
comments. If vou 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.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
_ Written comments provided below:
"L�'�bV� �l�1Sta� t,��►-c., �r��u_-� �� �w�w�r�br�dic� �!rnr.� W��c��s e�� �w����rz
� ��.QLf�I� 4i� LYI�ST Il)(.�(,�HH'r�n !))��ClL c..a'�LL �t� /��l'(�t-JO � �R�C.
— I��'Cb'�' �2 ����F� �l.o CRrtc n �r� �.�(1�t RUt' 19'�2�Y�1 b^�"t �S `��f�
Name 8�Number of Person Commenting:
REQUEST FOR COMMENTS CITYOFTIGARD
Communtty 4Uei•eCopment
,ShapingA BetterCommunity
DATE: April 5,2005
T0: Matt Stine,Urban Forester/Public Works Annex
FROM: Ciiy of Tigard Planning Diuision
STAFF CONTACT: Garf1 Pa9enstecher,Associate Pianner[x24341
Phone: [5031639-4171/Fax: [5031684-1291
➢ YEDINAK PARTITION �
MINOR LAND PARTITION (MLP) 2005-00002
REQUEST: The applicant is requesting approval for a Minor Land Partition to partition a .54 acre parcel
into two (2) lots. There is an existing dwelling on the site that will remain on designated lot one. The
second lot will be created as a flag lot. LOCATION: 9090 SW O'Mara Street; WCTM 2S102DC, Tax
Lot 511. COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential District. ZONE: R-4.5:
� Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached
single-family homes with or without accessory residential units at a minimum lot size of 7,500 square
feet. Duplexes and attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795
and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a
decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEEO YUUR
COMMENTS 'BACK BY: APRIL 19 2005. You may use the space provided below or attach a separate letter to return your
comments. If vou are unable to respond by the above date, please phone the staff contact noted above with your comments
and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125
SW Hall Blvd., Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
_ Written comments provided below:
Name 8 Number of Person Commenting:
. �
REQUEST FOR COMMENTS CITYOFTIGARD
�'onrmunity,ve�veCoprnent
ShapingA Better Community
DATE: April 5,2005
T0: PER ATTACHED
FROM: Cit�of Tigard Planning Division
STAFF CONTACT: 6arv Pa9enstecher,Associate Planner[x24341
Phane: [5031639-4111/Fax: [5031684-7297
➢ YEDINAK PARTITION Q
MINOR LAND PARTITION (MLP) 2005-00002
REQUEST: The applicant is requesting approval for a Minor Land Partition to partition a .54 acre parcel
into two (2) lots. There is an existing dwelling on the site that will remain on designated lot one. The
second lot will be created as a flag lot. LOCATION: 9090 SW O'Mara Street; WCTM 2S102DC, Tax
Lot 511. COMPREHENSIVE PLAN DESIGNATION: Low-Density Residential District. ZONE: R-4.5:
Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached
single-family homes with or without accessory residential units at a minimum lot size of 7,500 square
feet. Duplexes and attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community
Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795
and 18.810.
Attached are the Site Plan, Vicinity Map and ApplicanYs Information for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a
decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: APRIL 19 2005. You may use the space provided below or attach a separate letter to return your
comments. If vou 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.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We have reviewed the proposal and have no objections to it.
Please contact of our office.
Please refer to the enclosed letter.
_ Written comments provided below:
Name& Number of Person Commenting:
f Y OF TIGARD REQUEST FOR )MMENTS
~ � 7 !
NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS
FILE NOS.: �'%IL ' � �� '- � , - FILE NAME: �� 1.� ' /���J�- C/
CITIZEN INYOLYEMENT TEAMS
14DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: ❑Central ❑East �South ❑West �
CITIf OFFICES
LONG RANGE PLANNINGlBarbara Shields,Planning Mgr. COMMUNITY DVLPMNT.DEPT./Plannirg-Engineering Techs. POLICE DEPT./Jim Wolf,Crime Prevention O(ficer
�BUILDING DIVISION/Gary Lampella,Buildirx,�Official ]�ENGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer#[PUBLIC WORKS/Matt Stine,Urban Forester -�
C�ITY ADMINISTRATION/Cathy Wheatley,City Recorder UBLIC WORKS/Brian Rager,Engineering Manager
�/PLANNER—POST PROJECT SITE IF A PUBLIC HEARING i EM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING!
SPECIAL OISTRICTS
TUAL.HILLS PARK 8 REC.OIST.�_ TUALATIN VALLEY FIRE 8 RESCUE� i/TUALATIN VALLEY WATER DISTRICT� �CLEANWATER SERVICES�
Planning Manager Fire Marshall Admi�istrative Office Lee Walker/SWM Program '">
15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue �
Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Nillsboro,OR 97124
LOCAL AIl�STATE IORISD16nONS
CITY OF BEAVERTON � CITY OF TUALATIN � OR.DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS
_ Planning Manager Planning Manager 3406 Cherty Avenue NE Melinda Wood�muN F«�,R.q�+�.a�
Steven Sparlcs,�a�.s�a.Ma��a 18880 SW Martinaai Avenue Salem,OR 97303 775 5ummer Street NE,5uite 100
PO Box 4755 Tualatin,OR 97062 Salem,OR 97301-1279
Beaverton,OR 97076
_ OR.PUB.UTILITIES COMM.
METRO-LAND USE 8�PLANNING MF _OR.DEPT.OF GEO.&MINERAL IND. 550 Capitol Street NE
_ CITY OF DURHAM � 600 NE Grand Avenue 800 NE Oregon Street,5uite 5 Salem,OR 97310-1380
City Manager Portland,OR 97232-2736 PoRland,OR 97232
PO Box 23483 _ Bob Knight,DffiaReaowceCerrtx(ZCA� US ARMY CORPS.OF ENG.
Dufiam,OR 97281-3483 _ Paulette Allen,GrowthManegerneiNCoordinetw OR.DEPT.OF LAND CONSERV.B DVLP Kathryn Harris�r.p.o�y� r'
_ Mel Huie,GreenspacesCoadinala(CPA20A) LBRy FfeflCFl(Canp.PlanAmeMmerrtsOMy) Routing CENWP-OP-G
CITY OF KING CITY+IF _ Jennifer Budhabhatti,R��a�e�«�w�n�oe� 635 Capitol Street NE,Suite 150 PO Box 2946
City Manager _ C.D.Manager,GrowN Managemenl Services Salem,OR 97301-2540 PoRland,OR 97208-2946
15300 SW 116th Avenue
King City,OR 97224 WASHINGTON COUNTY�
_ OR.DEPT.OF ENERGY�Powertines in nrea� _OR.DEPT OF AVIATION(ronoPow Towvs) Dept.of Land Use 8 Transp.
Bonneville Power Administration Tom Highland,P��,.,�� 155 N.First Avenue
CITY OF LAKE OSWEGO� Routing TTRC—Attn: Renae FeRera 3040 25th Street,SE Suite 350,MS 13
Planning Director PO Box 3621 Salem,OR 97310 Hillsboro.OR 97124
PO Box 369 Portland,OR 9720&3621 Steve Conway�c�nv�.�
Lake Oswego,OR 97034 Gregg Leion�cvn>
_ OR.DEP7.OF ENVIRON.QUALITY(DEQ) OOOT,REGION 1 � Brent Curtis ccPa�
CITY OF PORTLAND �rwuryro.w�ne„asa�aPOc�,naie�����mamei�m�cs� _Marah Danielson,DevebpneMReviewCoordinator poria Mateja czcn�n+s,s
Planning Bureau Director Regional Administrator Carl Torland, Right-of-Way Section�v�no�� _Sr.Cartographer,�rNZC�,MS,.
1900 SW 4�"Avenue,Suite 4100 2020 5W Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,s��ero���„�,s
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�wcccn�°e„°��a.�w.To..,> Sam Hunaidi,Hssis[ant Distnct Manager (NONIy if ODOT RIR•Hwy.Cro�ting is Only Acuss to Land) PRESERVATION OFFICE
PO Box 6375 5440 SW Westgate Drive,Suite 350 Dave Lanning,s�c���sar�y s��a��� (Natily il Prop�Ay Ha�HD Ov�day)
Beaverton,OR 97007-0375 Portland,OR 97221-2414 555-13`h Street,NE,Suite 3 1115 Commercial Street,NE
Salem,OR 97301-4179 Salem,OR 97301-1012
UT1lITY PROYIDERS AND SPECIAL A6ENCIES
PORTLAND WESTERN R/R,BURLINGTON NORTHERNlSANTA FE R/R,OREGON ELECTRIC R/R(Bur��ngton Nortnem/Santa Fe wR Predecessor)
RobeR 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 Oebra Palmer�n��=euo�o��Y� Randy Bice cs..M.,�«r..��n (IfPiojectisWitMn%MileofaTran�tRouta)
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 Pgrtland,OR 97232
�PORTLAND GENERAL ELECTRIC �NW NATURAL GAS COMPANY ��VERIZON �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 O�ces Jan Youngquist,Demographics Alex Silantiev,s..M.,�a,,..����� Diana Carpenter,A�,.E����a�w,
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 BeaveRon,OR 97008 Tigard,OR 97223-4203
+IF INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTT FOR ANY/ALL
CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notifr�. h:�paHy�masters�Request For Comments Notification List.doc (UPDATED: 3-Feb-05)
(Also uodate:i:\curolnlsetuo\labelslannexation utilities and franchises.doc when uodatino this documentl
� '�vALATIN VALLEY FIRE & RESCUE • SOUTH DIVISION
� COMMUNITY SERVICES • OPERATIONS • FIRE PREVENTION
Tualatin Valley
Fire 8c Rescue
February 17, 2005
Gary Pagenstecher, Associate Planner
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
Re: Yedinak Partition
Dear Gary,
Thank you for the opportunity to review the proposed site plan surrounding the above named
development project. Tualatin Valley Fire & Rescue endorses this proposal predicated on the following
criteria and conditions of approval:
1) FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access
roads shall be within 150 feet of all portions of the exterior wall of the first story of the building as
measured by an approved route around the exterior of the building. An approved turnaround is
required if the remaining distance to an approved intersecting roadway, as measured along the fire
apparatus access road, is greater than 150 feet.
No turnaround is required due to the depth of the access roadway.
2) FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION:
When buildings are completely protected with an approved automatic fire sprinkler system, the
requirements for fire apparatus access may be modified as approved by the fire code official.
3) FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus
access roads shall have an unobstructed width of not less than 20 feet(12 feet for 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 roadway meets this Fire District standard.
4) SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather
surface that is easily distinguishable from 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.
5) GRADE: Fire apparatus access roadway grades shall not exceed 10 percent. Intersections and
turnarounds shall be level (maximum 5%)with the exception of crowning for water run-off. When fire
sprinklers are installed, a maximum grade of 15% may be allowed. The approval of fire sprinklers as
an alternate shall be accomplished in accordance with the provisions of ORS 455.610(5).
6) GATES: Gates securing fire apparatus roads shall comply with all of the following:
Minimum unobstructed width shall be 16 feet, or two 10 foot sections with a center post or island.
Gates serving one- or two-family dwellings shall be a minimum of 12 feet in width.
Gates shall be set back at minimum of 30 feet from the intersecting roadway.
Gates shall be of the swinging or sliding type
Manual operation shall be capable by one person
7401 SW Washo Court,Suite 101 •Tualatin,Oregon 97062•Tel.(503)612-7000•Fax(503)612-7003•www.tvfr.com
Electric gates shall be equipped with a means for operation by fire department personnel
Locking devices shall be approved.
7) SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for
single family dwellings and duplexes served by a municipal 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.
8) FIRE HYDRANTS—ONE-AND TWO-FAMILY DWELLINGS 8�ACCESSORY STRUCTURES:
Where a portion of a structure is more than 600 feet from a hydrant on a fire apparatus access road,
as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and
mains shall be provided.
9) FIRE HYDRANT NUMBER AND DISTRIBUTION: The minimum number and distribution of fire hydrants
available to a building shall not be less than that listed in Appendix C,Table C 105.1.
Considerations for placinq fire hvdrants mav be as follows:
• Existing hydrants in the area may be used to meet the 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 the fire code official.
10) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more
than 15 feet from an approved fire apparatus access roadway.
11) REFLECTIVE HYDRANT MARKERS: Fire hydrant locations shall be identified by the installation of
reflective markers. The markers shall be blue. They shall be located adjacent and to the side of the
centerline of the access road way that the fire hydrant is located on. In case that there is no center
line, then assume a centerline, and place the reflectors accordingly
12) ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire
apparatus access roadways and fire fighting water supplies shall be installed and operational prior to
any combustible construction or storage of combustible materials on the site.
Please contact me at(503) 612-7010 with any additional questions.
Sincerely,
Eric T . McMullen
Eric T. McMullen
Deputy Fire Marshal
Page 2 of 2
MEM � RANDUM
�,- ;
TO: Gary Pagenstecher
FROM: Matt Stine, City Forester
RE: Yedinak Partition
DATE: April 11, 2005
As you requested I have provided some comments on the "Yedinak Partition" project. If
you have any questions or concerns regarding my comments please contact me
anytime.
1. LANDSCAPING AND SCREENING
18.745.030.C. Installation ReQUirements The installation of all landscaping shall
be as follows:
1. All landscaping shall be installed according to accepted planting
procedures.
2. The plant material shall be of high grade, and shall meet the size and
grading standards of the American Standards for Nurberg Stock
(ANSI Z-60, 1-1986, and any other future revisions); and
3. Landscaping shall be installed in accordance with the provisions of
this title.
• The accepted planting procedures are the guidelines described in the Tigard
Tree Manual. These guidelines follow those set forth by the International Society
of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in
the American Institute of Architects' Architectural Graphic Standards, 10th edition.
In the Architectural Graphic Standards there are guidelines for selecting and
planting trees based on the soil volume and size at maturitv. Additionally, there
are directions for soil amendments and modifications.
• In order to develop tree species diversity onsite it is recommended that the
following guidelines be followed:
o No more than 30% of any one family be planted onsite.
o No more than 20°/a of any one genus be planted onsite.
o No more than 10°/a of any one species be planted onsite.
18.745.030.E, Protection of Existinq Landscapinq. Existing vegetation on a site
shall be protected as much as possible:
1. The developer shall provide methods for the protection of existing
vegetation to remain during the construction process; and
2. The plants to be saved shall be noted on the landscape plans (e.g.,
areas not to be disturbed can be fenced, as in snow fencing which
can be placed around the individual trees).
See comments under `Tree Removal".
18.745.030.G, Conditions of Approval of Existinq Veqetation. The review
procedures and standards for required landscaping and screening shall be
specified in the conditions of approval during development review and in no
instance shall be less than that required for conventional development.
See recommended conditions of approval at the end of this memorandum.
18.745.040, Street Trees
A. Protection of existinq veqetation. 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 18.745.040.C.
• The accepted planting procedures are the guidelines described in the Tigard
Tree Manual. These guidelines follow those set forth by the International Society
of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in
the American Institute of Architects' Architectural Graphic Standards, 10th edition.
In the Architectural Graphic Standards there are guidelines for selecting and
planting trees based on the soil volume and size at maturitv. Additionally, there
are directions for soil amendments and modifications.
• In order to develop tree species diversity onsite it is recommended that the
following guidelines be followed:
o No more than 30% of any one family be planted onsite.
o No more than 20% of any one genus be planted onsite.
o No more than 10% of any one species be planted onsite.
2. TREE REMOVAL
18.790.030, 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 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.
B. Plan requirements. The tree plan shall include the following:
1. Identification of the location, size and species of all existing trees
including trees designated as significant by the city;
2. Identification of a program to save existing trees or mitigate tree
removal over 12 inches in caliper. Mitigation must follow the
replacement guidelines of Section 18.790.060D, in accordance with the
following standards and shall be exclusive of trees required by other
development code provisions for landscaping, streets and parking lots:
a. Retention of less than 25% of existing trees over 12 inches in caliper
requires a mitigation program in accordance with Section
18.790.060D of no net loss of trees;
b. Retention 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 in accordance with Section 18.790.060D;
c. Retention of from 50% to 75% of existing trees over 12 inches in
caliper requires that 50 percent of the trees to be removed be
mitigated in accordance with Section 18.790.060D;
d. Retention of 75% or greater of existing trees over 12 inches in caliper
requires no mitigation.
3. Identification of all trees which are proposed to be removed;
4. A protection program defining standards and methods that will be used
by the applicant to protect trees during and after construction.
• As required, the applicant submitted a tree plan that was conducted by Terry
Flanagan, an ISA Certified Arborist. The plan contains all four of the required
components of a tree plan, and, is therefore, acceptable.
• If it is necessary to enter the tree protection zone at any time with equipment (trucks,
bulldozers, etc.) the project arborist and City Forester must be notified before any
entry occurs. Before entering the TPZ, the project arborist and City Forester shall
determine the method by which entry can occur, along with any additional tree
protection measures.
• Prior to issuance of building permits, the Project Arborist shall submit a final
certification indicating the elements of the Tree Protection Plan were followed and
that all remaining trees on the site are healthy, stable and viable in their modified
growing environment.
RECOMMENDED CONDITIONS OF APPROVAL:
1. Prior to commencing site work, the applicant shall submit cash or other security
for the equivalent value of mitigation required (number of caliper inches times
$125 per caliper inch). If additional trees are preserved through the subdivision
improvements and construction of houses, and are properly protected through
these stages by the same measures afForded to other protected trees on site, the
amount of cash or other security may be correspondingly reduced. Any trees
planted on the site or off site in accordance with 18.790.060 (D) will be credited
against the cash or other security, for finro years following final plat approval.
After such time, the applicant shall pay the remaining balance as a fee in lieu of
planting.
2. Prior to issuance of building permits, the applicanUowner shall record a deed
restriction to the effect that any existing tree greater than 12" diameter may be
removed only if the tree dies or is hazardous according to a certified arborist.
The deed restriction may be removed or will be considered invalid if a tree
preserved in accordance with this decision should either die or be removed as a
hazardous tree.
3. Prior to commencing any site work, the applicant shall submit construction
drawings that include the approved Tree Removal, Protection and Landscape
Plan. The plans shall also include a construction sequence including installation
and removal of tree protection devices, clearing, grading, and paving. Only those
trees identified on the approved Tree Removal plan are authorized for removal
by this decision.
4. Prior to commencing any site work, the applicant shall establish fencing as
directed by the project arborist to protect the trees to be retained. The applicant
shall allow access by the City Forester for the purpose of monitoring and
inspection of the tree protection to verify that the tree protection measures are
performing adequately. Failure to follow the plan, or maintain tree protection
fencing in the designated locations shall be grounds for immediate suspension of
work on the site until remediation measures and/or civil citations can be
processed.
5. Prior to final plat approval, the applicant shall ensure that the Project Arborist has
submitted written reports to the City Forester, at least, once every two weeks,
from initial tree protection zone (TPZ) fencing installation, through site work, 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 not adversely impact the overall, 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
can 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, and
determine if any part of the Tree Protection Plan has been violated.
6. Prior to issuance of building permits, the applicant shall submit site plan drawings
indicating the location of the trees that were preserved on the lot, location of tree
protection fencing, and a signature of approval from the project arborist regarding
the placement and construction techniques to be employed in building the house.
All proposed protection fencing shall be installed and inspected prior to
commencing construction, and shall remain in place through the duration of
home building. After approval from the City Forester, the tree protection
measures may be removed.
If you have any questions please call me anytime. Thank you for requesting my
comments on this project.
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: 4129/05
TO: Gary Pagenstecher, Associate Planner
FROM: Kim McMillan, Development Review Engineer�L�
RE: MLP2005-00002
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 areas can be met for both
the existing and proposed driveways.
Section 18.705.030.H.2 states that driveways shall not be permitted to be
placed in the influence area of collector or arterial street intersections.
Influence area of intersections is that area where queues of traffic
commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet,
measured from the right-of-way line of the intersecting street to the throat
of the proposed driveway. The setback may be greater depending upon the
influence area, as determined from City Engineer review of a traffic impact
report submitted by the applicant's traffic engineer. In a case where a
project has less than 150 feet of street frontage, the applicant must explore
any option for shared access with the adjacent parcel. If shared access is
not possible or practical, the driveway shall be placed as far from the
intersection as possible.
The proposed development is not located near a collector or arteriaL � -'>=�:
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.
The proposed development frontage is on Omara Street, which is classified as a
local street.
ENGINEERING COMMENTS MLP2005-00002 YEDINAK PARTITION PAGE 1
Street And Utility Improvements Standards (Section 18.8101:
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets
adjacent shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width
planned as a portion of an existing street shall be dedicated and improved
in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a
local street 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 Omara Street, which is classified as a local street
on the City of Tigard Transportation Plan Map. At present, there is approximately
20 feet of ROW from centerline, according to the most recent tax assessor's
map. The applicant should dedicate the additional ROW to provide 27 feet from
centerline.
SW Omara Street is currently partially improved. In order to mitigate the impact
from this development, the applicant should enter into a restrictive covenant for
future street improvements.
Future Street Plan and Extension of Streets: Section 18.810.030.F states
that a future street plan shall be filed which shows the pattern of existing and
proposed future streets from the boundaries of the proposed land division.
This section also states that where it is 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 and a barricade shall be
constructed at the end of the street. These street stubs to adjoining
properties are not considered to be cul-de-sacs since they are intended to
continue as through streets at such time as the adjoining property is
developed. A barricade shall be constructed at the end of the street by the
property owners which shall not be removed until authorized by the City
Engineer, the cost of which shall be included in the street construction cost.
ENGINEERING COMMENTS MLP2005-00002 YEDINAK PARTITION PAGE 2
Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess of 150 feet in length.
Due to the surrounding development there is no opportunity for future street
extensions through this development.
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./�.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 MLP2005-00002 YEDINAK 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.
The applicant will enter into a restrictive covenant for future half-street
improvements that will include construction of sidewalks.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be
installed to serve each new development and to connect developments to
existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as
adopted by Clean Water Services in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive
plan.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems
shall include consideration of additional development within the area as
projected by the Comprehensive Plan.
There is an existing 8-inch sewer in Omara Street that was constructed by the
City's Sewer Reimbursement District 23. The applicant shall pay the
reimbursement fee prior to issuance of the PFI.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make
adequate provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a
culvert or other drainage facility shall be large enough to accommodate
potential runoff from its entire upstream drainage area, whether inside or
outside the development. The City Engineer shall approve the necessary
size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or
amendments).
There are no upstream drainage ways that impact this site.
ENGINEERING COMMENTS MLP2005-00002 YEDINAK PARTITION PAGE 4
Effect on Downstream Drainage: Section 18.810.100.D states that where it
is anticipated by the City Engineer that the additional runoff resulting from
the development will overload an existing drainage facility, the Director and
Engineer shall withhold approval of the development until provisions have
been made for improvement of the potential condition or until provisions
have been made for storage of additional runoff caused by the
development in accordance with the Design and Construction Standards
for Sanitary and Surface Water Management (as adopted by Clean Water
Services in 2000 and including any future revisions or amendments).
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 detention. The applicant is required to pay the water
quantity SDC upon application for the building permits.
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.
Omara Street is a designated bicycle facility. The applicant has agreed to enter
into a restrictive covenant for future street improvements, which include the
striping for a bicycle lane. This criterion is met.
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 MLP2005-00002 YEDINAK PARTITION PAGE 5
• The developer shall make all necessary arrangements with the serving
utility to provide the underground services;
• The City reserves the right to approve location of all surface mounted
facilities;
• All underground utilities, including sanitary sewers and storm drains
installed in streets by the developer, shall be constructed prior to the
surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing
the street improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states
that a developer shall pay a fee in-lieu of under-grounding costs when the
development is proposed to take place on a street where existing utilities
which are not underground will serve the development and the approval
authority determines that the cost and technical difficulty of under-
grounding the utilities outweighs the benefit of under-grounding in
conjunction with the development. The determination shall be on a case-
by-case basis. The most common, but not the only, such situation is a
short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground
utilities facilities. An applicant for a development which is served by
utilities which are not underground and which are located across a public
right-of-way from the applicant's property shall pay a fee in-lieu of under-
grounding.
There are existing overhead utility lines along the frontage of SW Omara Street.
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 98 lineal feet;
therefore the fee would be $ 3430.00.
� ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND
UTILITY IMPROVEMENT STANDARDS:
Public Water Svstem:
The City of Tigard provides water service in this area. The applicant has shown
the installation of a new meter for Parcel 2.
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 MLP2005-00002 YEDINAK 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 CWS standards include a provision that would exclude small projects such
as residential land partitions. It would be impractical to require an on-site water
quality facility to accommodate treatment of the storm water runoff from the
parcels. Rather, 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. Si this site is
over five acres, th eloper will be required to ob ' an NPDES permit
from the Ci ior to construction. This per ' i I be issued along with
the site d/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.
The developer will also be required to provide signage at the entrance of each
flag lot driveway or private street that lists the addresses that are served by the
given driveway or street. This will assist emergency services personnel to more
easily find a particular home.
Survey Requirements
The 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
ENGINEERING COMMENTS MLP2005-00002 YEDINAK PARTITION PAGE 7
control network (GC 22). These monuments shall be on the same line and shall be
of the same precision as required for the subdivision plat boundary. Along with the
coordinates, the plat shall contain the scale factor to convert ground measurements
to grid measurements and the angle from north to grid north. These coordinates
can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
In addition, the applicanYs 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 sewer taps, storm drainage improvements 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.tiqa�d.or.us).
. The PFI permit plan submittal shall include the exact legal name, address
and telephone number of the individual or corporate entity who will be
designated as the "Permittee", and who will provide the financial assurance
for the public improvements. For example, specify if the entity is a
corporation, limited partnership, LLC, etc. Also specify the state within which
the entity is incorporated and provide the name of the corporate contact
person. Failure to provide accurate information to the Engineering
Department will delay processing of project documents.
. Prior to final plat approval, the applicant shall pay the addressing fee.
(STAFF CONTACT: Shirley Treat, Engineering).
ENGINEERING COMMENTS MLP2005-00002 YEDINAK PARTITION PAGE 8
. The applicant shall execute a Restrictive Covenant whereby they agree to
complete or participate in the future improvements of SW Omara Street
adjacent to the subject property, when any of the following events occur:
A. when the improvements are part of a larger project to be financed or
paid for by the formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or
paid for in whole or in part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed
by a third party and involves the sharing of design and/or construction
expenses by the third party owner(s) of property in addition to the
subject property, or
D. when construction of the improvements is deemed to be appropriate
by the City Engineer in conjunction with construction of improvements
by others adjacent to the subject site.
. The applicant shall pay the reimbursement fee prior to issuance of the PFI
for Sewer Reimbursements District 23.
. The applicant shall provide connection of proposed buildings to the public
sanitary sewerage system. A connection permit is required to connect to
the existing public sanitary sewer system.
. The applicant's final plat shall contain State Plane Coordinates on two
monuments with a tie to the City's global positioning system (GPS) geodetic
control network (GC 22). These monuments shall be on the same line and
shall be of the same precision as required for the subdivision plat boundary.
Along with the coordinates, the plat shall contain the scale factor to convert
ground measurements to grid measurements and the angle from north to
grid north. These coordinates can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
. 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�171, ext.
2421).
ENGINEERING COMMENTS MLP2005-00002 YEDINAK PARTITION PAGE 9
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 Omara Streets shall be made on the
final plat.
E. NOTE: Washington County will not begin their review of the final plat
until they receive notice from the Engineering Department indicating that the
City has reviewed the final plat and submitted comments to the applicanYs
surveyor.
F. After the City and County have reviewed the final plat, submit two mylar
copies of the final plat for City Engineer signature (for partitions), or City
Engineer and Community Development Director signatures (for
subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
ISSUANCE OF BUILDING PERMITS:
Submit to the Engineering Department (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 "photomylar" copy of the recorded final plat.
. The applicant shall either place the existing overhead utility lines along SW
Omara Street 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 $ 3430.00 and it shall be paid prior
to issuance of building permits.
. During issuance of the building permit, the applicant shall pay the fee in-lieu
of constructing an on-site water quality and water quantity facility. The fee is
based on the total area of new impervious surFaces in the proposed
development.
ENGINEERING COMMENTS MLP2005-00002 YEDINAK PARTITION PAGE 10
� • --�
AFFIDAVIT OF POSTING NOTICE OF A LAND USE PROPOSAL
IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY A COPY OF THE
NOTICE THAT WAS POSTED ON THE SITE.
In the Matter of the Proposed Land Use Applications for:
Land Use File Nos.: MLP2005-00002
Land Use File Name: YEDINAK PARTITION
I, Gary Pagenstecher, Associate Planner for the City of Tiqard, do affirm that I posted notice of the land
use proposal affecting the land located at (state the approximat location(s) IF no address(s) and/or
tax lot(s) currently registered) 9o9'D �i��?� 5
and did personally post notice of the proposed land use application(s) by means of weatherproof
posting in the general vicinity of the affected territory, a copy of said r�o ' e being hereto attached
and by reference made a part hereof, on the 8 day of 2005.
Signature of Person ho PerFormed Posting
(In the pr sence of the Notary)
h:Vogin\patty\masters\affidavit of posting for staff to post a site.doc
t
M I NOR LAN D PARTITION (M LP) 2005-00002
REQUEST: The applicant is requesting approval for a Minor Land Partition
to partition a .54 acre parcel into two (2) lots. There is an existing dwelling
on the site that will remain on designated lot one. The second lot will be
created as a flag lot. LOCATION : 9090 SW �'Mara Street; WCTM
2S102DC, Tax Lot 511 . COMPREHENSIVE PLAN DESIGNATION :
Low-Density Residential District. ZONE: R-4.5: Low-Density Residential
District. The R-4.5 zoning district is designed to accommodate detached
single-family homes with or without accessory residential units at a
minimum lot size of 7,500 square feet. Duplexes and attached single-
family units are permitted conditionally. Some civic and institutional uses
are also permitted conditionally. APPLICABLE REVIEW CRITERIA:
Community Development Code Chapters 18.390, 18.420, 18.510, 18.705,
18.715, 18.745, 18.765, 18.794, 18.795 and 18.810.
Further information may be obtained from the Planning Division (staff contact: Gary
Paqenstecher) at 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503-639-
4171 , or by email to GarYp�ci.tiqard.or.us. A copy of the application and all
documents and evidence submitted by or on behalf of the applicant and the
applicable criteria are available for inspection at no cost and copies for all items can
also be provided at a reasonable cost.
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� i __ 13125 SW Nall Blvd
/ ^�T I .. Tigerd,OR 97223
V I � (503}639-4171
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Community Development Piot date:Mar 25,2005;C:lmagiclMAGIC03.APR
2S102DC-00503 25102DB-07300
ABBOTT TERRY A&LAURIE J COLEMAN ROXANE L
8995 SW EDGEWOOD ST 9215 SW HILL ST
TIGARD,OR 97223 TIGARD,OR 97223
2S 102 DB-02500 2S 102 D B-Of 400
BOOMS PAUL W&SHARON L COOLEY ERIC J&RUTH A
13552 SW CHELSEA LP 9107 SW HILL ST
PORTLAND, OR 97223 TIGARD,OR 97223
2S102DC-00400 2S102DC-00301
BOTHWELL ANNE M CRANDALL PRISCILLA J
9265 SW EDGEWOOD ST 9270 SW OMARA ST
TIGARD,OR 97223 TIGARD,OR 97223
2S 102D8-D2400 25102 DC-00900
BRUMBAUGH KAREN J CROSSWHITE DAVID E&JANICE A
285 N LOTUS BEACH DR 8855 SW EDGEWOOD ST
PORTLAND, OR 97217 TIGARD,OR 97223
2S 102 D B-07100 2S 7 02DC-00600
BSOUL MAHMOUD S 8 DEMMIN DWAYNE W 8 ANGELA L
BETTE J 8930 SW OMARA ST
9181 SW HILL ST TIGARD,OR 97223
TIGARD,OR 97223
2S 102 DC-00402 2S 7 02D B-04500
BUNGER ROBERT MANFRED& DESMIT MICHAEL W&AMBER L
BONNIE JEAN TRUSTEES 13219 SW CHELSEA LP
9215 5W EDGEWOOD ST TIGARD,OR 97223
TIGARD,OR 97223
2S 102D6-06100 25102DB-06600
BURBANK C ROGER JR&MARY F DIRKSEN CRAIG E 8
9051 SW HILL ST JACQUELINE
TIGARD,OR 97223 9131 SW HILL STREET
TIGARD,OR 97223
2S102DB-02800 2S102DC-01200
BYRNE JAMES G 8 DIANNE V DUFFIEID EDWARD D SUSAN
13454 SW CHELSEA LOOP 8895 SW EDGEWOOD
TIGARD,OR 97223 TIGARD,OR 97223
2S102D6-08100 2S102DC-00512
CAMPBELL THOMAS F/CARRIE M EARDLEY DIANNE&
9176 SW HILL 5T MCLOUGHLIN STUART
TIGARD,OR 97223 PO BOX 91278
PORTLAND,OR 97291
2 S 102DC-01603 2S 102D B-05900
CLARK PAUL E BETTY J ENGEL SCOTT E&JENNIE LEE
9160 SW EDGEWOOD 13188 CHELSEA LP
TIGARD,OR 97223 TIGARD,OR 97223
2S102DB-06500 2S102DC-01100
ETTESTAD KEITH A/WILLENE A GOETZ HOWARD V AND NANCY K
9125 SW HILL STREET 8935 SW EDGEWOOD ST
TIGARD,OR 97223 TIGARD,OR 97223
2S102D8-08200 2S102DB-04800
FISHBACK RONALD M& GOOD HERBERT A 8 XIN C
HONEYMAN JANE CATHARINE 13279 SW CHELSEA LP
9148 SW HILL ST TIGARD,OR 97223
TIGARD, OR 97223
2S102DC-00405 2S102D6-08400
FISHER ANTHONY C GOODMAN KRISTEN ANN
1300 GLENMORRIE DR 9114 SW HILL ST
LAKE OSWEGO,OR 97034 TIGARD,OR 97223
102DC-00302 2S102DB-03000
FI ER A ONY C HARBISON PATRICK N&ERICA L
1300 NMORRIE DR 13404 SW CHELSEA LP
L,A E OS GO, OR 97034 TIGARD,OR 97223
2S102DB-03800 2S102DC-01305
FORBES MARTIN T& HARRIS RICK G&
CAROLYN M KREIN CAROL D
13473 SW CHELSEA LP 8930 SW EDGEWOOD 5T
TIGARD,OR 97223 TIGARD,OR 97223
2S702DB-03600 2S102DC-00700
FORDICE SCOTT M& HAWKINS JEFFERY S
MEGAN L 8900 SW OMARA
13411 SW CHELSEA LP TIGARD,OR 97223
TIGARD,OR 97223
2S 102 DC-00502 2 S 102 DB-04900
FULLER ROBERT E AND HEDLUND TED B&
DONNA M ZIMMER JOANNE M
9130 SW OMARA ST 13331 SW CHELSEA LP
TIGARD,OR 97223 TIGARD,OR 97224
2S102DC-01800 2S102DB-02900
GEDNEY FRAYNIE M TRUSTEE HOCKMAN LISA K 8 BRIAN K
9400 SW PANORAMA PL 13416 SW CHELSEA LP
PORTLAND,OR 97225 TIGARD,OR 97223
2S102DB-06200 25102DC-00508
GEORGE LAWRENCE B HODAPP ELDON J&JUDITH L
9079 SW HILL ST 9210 SW OMARA ST
TIGARD,OR 97223 TIGARD,OR 97223
2S102DC-01601 2S102DB-06700
GILCHRIST EARL J NONA HORNBACK PATRICIA F&
9100 SW EDGEWOOD ST DONALD W
TIGARD,OR 97223 9143 SW HILL ST
TIGARD,OR 97223
2S 102 DB-02600 2S 102D B-05800
HOUGHTON FAMILY LLC LAYTON RICHARD G
BY HOUGHTON RAYMOND C II & 13200 SW CHELSEA LP
CAROLYN B TIGARD,OR 97223
322 8TH ST
LAKE OSWEGO,OR 97034
2S102DC-01400 2S102DB-O5600
HURLBUTT WILLIAM M&CHRISTINE LEE BONG JIN&DONG SHIM
8990 SW EDGEWOOD ST 13226 SW CHELSEA LP
TIGARD,OR 97223 TIGARD,OR 97223
2S102D8-03500 2S102D8-03100
ISOM DAVID BRYAN AND MERRICK DONALD L 8 CAROL J
BARBARA JO 13376 SW CHELSEA LP
13391 SW CHELSEA LOOP TIGARD,OR 97223
TIGARD,OR 97223
2S102D6-04600 2S102DC-01402
JOOBBANI DARYOUSH MILLER DANIEL W&KRISTIN D
11812 SW ASPEN RIDGE DR 8940 SW EDGEWOOD ST
TIGARD,OR 97224 TIGARD,OR 97223
2S102DB-03400 2S102DC-00300
KACIR KENT C& MILLER SHANE A 8 MICHELE L
KACIR KATHRYN M 9220 SW O'MARA ST
15027 ALSTONE DR TIGARD,OR 97223
FRISCO,TX 75035
2S102DB-05500 2S102DB-08500
KEYS EDWARD MCCLELLAND& MIZE LOA M&JON M
KEYS ELIZABETH ALICE 9092 SW HILL ST
13244 SW CHELSEA LOOP TIGARD,OR 97223
TIGARD,OR 97223
2S102DC-00403 2S102DB-05200
KING SCOTT G 8 ELIZABETH A MONROE REVOCABLE LIVING TRUST
9235 SW EDGEWOOD ST BY JAMES FORDON MONROE 8
TIGARD,OR 97223 CAROLYN DALE MONROE TRUSTEES
13298 SW CHELSEA LP
TIGARD,OR 97223
2S102DC-00510 2S102DC-00506
LARSEN PAUL ANDREW AND MUELLER ROLF K&NANCY J
LORI MEG 9190 SW OMARA ST
9115 SW EDGEWOOD TIGARD,OR 97223
TIGARD,OR 97224
25102DC-00507 2S102DB-06900
LARVIK KENNETH E 8 NELSON DOUGLAS SIJEANNE M
NYOKA W TRUSTEES 9169 SW HILL ST
9155 SW EDGEWOOD ST TIGARD,OR 97223
TIGARD,OR 97223
2S102DB-07000 2S1D2DB-053D0
LAURIE PAUL NORTON NANCY L
1001 N PASADENA#154 13284 SW CHELSEA LP
MESA,AZ 85201 TIGARD,OR 97223
2S102DC-OD509 2S102D6-05400
OTT GARETH S ANNE ROBBINS MATTHEW L
9055 SW EDGEWOOD 13262 SW CHELSEA LOOP
TIGARD,OR 97223 TIGARD,OR 97223
zsio2�s-oosoa 2s�oz�c-o�000
OTTING LOIS E RUSSELL NORMAN L
8885 SW O'MARA ST 8857 SW EDGEWOOD ST
TIGARD,OR 97223 TIGARD,OR 97223
2S102DC-01501 2S102DC-00505
PALMER MARCIA R SABBE REMI&APRIL
9070 SW EDGEWOOD ST 9175 SW EDGEWOOD ST
TIGARD,OR 97223 TIGARD,OR 97223
25102�8-04000 2S102DB-05700
PALMER MICHAEL P&AMY L SANDINE FRED R&RUTH L
13543 SW CHELSEA LP TRUSTEES
TIGARD,OR 97223 13212 SW CHELSEA LOOP
TIGARD,OR 97223
2S102DB-04300 2S102DC-00500
PALMER THOMAS C AND SCHMIDT JOHN G&
KIMBERLY J DEBORAH S
13193 SW CHELSEA LOOP 9000 SW OMARA ST
TIGARD,OR 97223 TIGARD,OR 97223
2S102DB-06800 2S102DB-04400
PANNING FRED BENJAMIN& SENESTRARO DEBRA C
JOANNE RAE 13205 SW CHELSEA LP
9155 SW HILL ST TIGARD,OR 97223
TIGARD,OR 97223
2S102DB-04700 2S702D8-06000
PHAY DARON J AND NANCY J SMITH LANE C 8 DANA A
13255 5W CHELSEA LOOP 1293 DAPPLE GRAY LN
TIGARD,OR 97223 LAKE OSWEGO,OR 97034
2S102DB-03700 2S102DB-08300
POLIVKA JON J 8 STANCIL DANNY R&
CAMPBELL HOLLY STANCIL HELEN
13435 SW CHELSEA LP 10 ANCHORAGE PL
TIGARD, OR 97223 SOUTH PORTLAND,ME 4106
2S102D6-04200 2S102DB-06300
PRUETT DANIEL S STEWART-SMITH DAVID A AND
13181 SW CHELSEA LP CAROL A
TIGARD,OR 97223 9095 SW HILL STREET
TIGARD,OR 97223
2S102D8-03900 2S102DC-00501
RIES DON K 8 SULLIVAN RICHARD A&SUZANNE P
RIES KAREN M 9085 SW EDGEWOOD
13509 SW CHELSEA LP TIGARD,OR 97224
TIGARD,OR 97223
2S102DC-01700 2S102DB-00602
TENY GEORGE&JENNA ZINDA TODD M 8
9200 SW EDGEWOOD ST KANDZIORA GABRIELA
TIGARD,OR 97223 PO BOX 1578
TUALATIN,OR 97062
zS�o2De-o2�o0
TIMM CARREN A
13488 SW CHELSEA LP
TIGARD,OR 97223
2S 102 DB-00604
TOMBLESON DANICE LLOYDE
8825 SW O'MARA ST
TIGARD,OR 97223
2S102DC-01401
UNDERHILL MARK R 8
ROGERS SUSAN LEE
8960 SW EDGEWOOD
TIGARD,OR 97223
2S102DB-08000
VANGINHOVEN NANCY K
9194 SW HILL 5T
TIGARD,OR 97224
2S�02DC-00404
WACHSMUTH LOUIS J&
CAROLE M TRUSTEES
9285 SW EDGEWOOD
TIGARD,OR 97223
2S102DB-07200
WALKIEWICZ MICHAEL R
9199 SW HILL STREET
TIGARD,OR 97223
2S102DC-00504
WILSON JOHN G 8�JODY K&
GOTTER SAMUEL A JR
12995 SW PACIFIC HWY
TIGARD,OR 97223
2S102DC-00511
YEDINAK MARTIN J 8 CHRISTINE G
9090 SW OMARA
TIGARD,OR 97223
2S 102 DB-04100
YUZON JASON B&KELSEY M
13571 SW CHELSEA LP
TIGARD,OR 97223
Josh Thomas
10395 SW Bonanza
Tigard, OR 97224
Kristen Miller
8940 SW Edgewood Street
Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Tim Esau
PO Box 230695
Tigard, OR 97281
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Joseph Dyar
10285 SW Highland Drive
Tigard, OR 97224-4668
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CITY OF TIGARD - SOUTH INTERESTED PARTIES (pg. I of I) (i:lcurpinlsetupllabelslClT South.doc) UPDATED: 21-Sep-04
CITY Of TIGARD �
COMMUNITY DEYELOPMENT DEPARTMENT � �- ��
PLANNING DIYISION � CITY OF TIOARD
13125 SW HAII BOULEYARD �
TIGARD, OREGON 97223 COm"�'""�'��°�
PHONE: 503-b34-4171 FAX: 503-684-1291 (Attn: Patty/Planning) S�'�A�`�"�011'""'�
° � 0 ° 00 00 ° ° 0 °� 0 ° �` [�� �
Property owner information is valid for 3 months from the date of your request
INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1S134AB, Tax Lot 00100) OR THE
ADDRESSES FOR ALL PROJECT PARCELS BELOW:
� �5 r�;� /�� si/
PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR
HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your lantl use application to the City, and
the pro'ect planner has reviewed your application for completeness, you will be notified by means of an
incomp�eteness letter to obtain your 2 final sets of labels.
The 2 final sets of labels need to be placed on envelopes with first class letter-rate postage on the
envelopes in the form of postage stamps (no metered envelopes and no return address) and
resubmitted to the City. for the pur ose of providing notice to property owners of the pro osed land use
application and the decision. The �sets of envelopes must be kept separate. The person�sted below will
be called to pick up and pay for the labels when they are ready.
� ,
NAME OF CONTACT PERSON� �t � PHONE: �p d��—��',�
FAX:
This request may be mailed, faxed or hand delivered to the City of Tigard. Please allow a
2-day minimum for processing reques�s. Upon completion of your request, the contact person will be
calletl to pick up their request that will be placed in "Will CaIP' by their last name, at the Community
Development Reception Desk.
The cost of processing your request must be paid at the time o# pick up, as exact cost can not be
pre-determined.
PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED
BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED.
Cost Description:
$11 to generate the mailing list, plus$2 per sheet for printing the list onto labels(20 addresses per sheet).
Then, multi I the cost to rint one set of labels b the number of sets re uested.
EXAMPLE COST FOR THIS REQUEST
4 sheets of labels x$2/sheet= 8.00 x 2 sets= $16.00 �sheet(s)of labels x$2/sheet=5�'�_x � sets= � v?C,�0
2 sheets of labels x$2lsheet for interested parties x 2 sets= $ 4.00 L sheet(s)of labels x$2lsheet for interested parties=� v2 x��s= �
GENERATE LIST = $1_LQQ � GENERATE LIST =
TOTAL = $31.00 �� TOTAL = ��
AFFIDAVIT OF MAILING CITYOFTIGARD
Corrirnu��ity�l�evelopment
SfivpingA Better�ommunity
I, �Patricia L. Lu d being first duly sworn/affirm, on oath depose and say that I am a SeniorA�minrstrativeSpeciaCxstfor
the �'ity of7`�gar�a.rfiington County, Oregon and that I served the following:
{Check Appropnate Box(s)Beiow}
❑x NOTICE OF PENDING LAND USE APPLICATION FOR: MLP2005-00002/YEDINAK PARTITION
� AMENDED NOTICE (File No./Name Reference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked FJlhlblt"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 Exhi6lt"B",and by reference made a part
hereof, on April 5,2005,and deposited in the United States Mail on April 5,2005, postage prepaid.
�� � �
��LIL� � ��� y'�' ���
(Person that Prepar Notice
S7,A2E OF O��ON
C�'�tj'o��!`rgar�'jMgton ss
/ �
Subscribed and sworn/affirmed before me on the / O day of , 2005.
; �=- "� or-r-�c�a�sF�a�
� :�;�, �UE ROSS
NOTARY PUBLIC-OREGON
C0�'NMiSSION N0.375152
MY COMMISSION IXPIRES DEC.i,7_Gv7
My Com ion Expires• l�"���
� � 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 CITYOFTIGARD
MINOR LAND PARTITION Commuraty�������,�,,,�.,�t
S(tapingA 13ettcr('ornnrunity
DATE OF NOTICE: April 5, 2005
Fi�E NunneER: MINOR LAND PARTITION (MLP) 2005-00002
FILE NAME: YEDINAK PARTITION
PROPOSAL: The applicant is requesting approval for a Minor Land Partition to partition a .54 acre parcel
into two (2) lots. There is an existing dwelling on the site that will remain on designated lot
one. The second lot will be created as a flag lot.
ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at
a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are
permitted conditionally. Some civic and institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745,
18.765, 18.790, 18.795 and 18.810.
LOCATION: 9090 SW O'Mara Street; WCTM 2S102DC, Tax Lot 511
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS:
Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to
submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT
5:00 PM ON APRIL 19, 2005. All comments should be directed to Garv Paqenstecher, 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 Garvp(a�ci.tigard.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 JUNE 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 Officer must address the relevant
approval criteria with sufficient specificity on that issue.
Failure of any party to address the relevant approval criteria with sufficient specificity may preclude
subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings
directed at the relevant approval criteria are what constitute relevant evidence.
AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE
DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN
500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE
ENTITLED TO NOTICE. THE DIRECTOR�S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED
UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH
CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION.
SUMMARY OF THE DECISION-MAKING PROCESS:
. The application is accepted by the City
. Notice is sent to property owners of record within 500 feet of the proposed development area allowing a
14-day written comment period.
. The application is reviewed by City Staff and affected agencies.
. City Staff issues a written decision.
. Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all
owners of record of property located within 500 feet of the site, as shown on the most recent property tax
assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any
governmental agency which is entitled to notice under an intergovernmental agreement entered into with the
City which includes provision for such notice or anyone who is otherwise entitled to such notice.
INFORMATION/EVIDENCE AVAILABLE FOR REVIEW:
The application, written comments and supporting documents relied upon by the Director to make this decision are
contained within the record and are available for public review at the City of Tigard Community Development
Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this
service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of
this Notice under the section titled "Your Right to Provide Written Comments."
we�wr�r ww
`�' �� MLP2005-00002
� g YEDINAK PARTITION
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� � EXHIBIT�
2S 102 DC-00503 2S 102D6-07300
ABBOTT TERRY A 8�LAURIE J COLEMAN ROXANE L
8995 SW EDGEWOOD ST 9215 SW HILL ST
TIGARD,OR 97223 TIGARD,OR 97223
2S102DB-02500 2S102DB-Ofr400
BOOMS PAUL W&SHARON L COOLEY ERIC J&RUTH A
13552 SW CHELSEA LP 9107 SW HILL ST
PORTLAND,OR 97223 TIGARD,OR 97223
2S102DC-00400 2S102DC-00301
BOTHWELL ANNE M CRANDALL PRISCILLA J
9265 SW EDGEWOOD ST 9270 SW OMARA ST
TIGARD,OR 97223 TIGARD,OR 97223
2S 1 D2D B-02400 2S102DG00900
BRUMBAUGH KAREN J CROSSWHITE DAVID E&JANICE A
285 N LOTUS BEACH DR 8855 5W EDGEWOOD ST
PORTLAND,OR 97217 TIGARD,OR 97223
2si oz�a-o��o0 2S102DG00600
BSOUL MAHMOUD S 8 DEMMIN DWAYNE W&ANGELA L
BETTE J 8930 SW OMARA ST
9181 SW HILL ST TIGARD,OR 97223
TIGARD,OR 97223
2S102DC-00402 2S102D&04500
BUNGER ROBERT MANFRED& DESMIT MICHAEL W&AMBER L
BONNIE JEAN TRUSTEES 13219 SW CHELSEA LP
9215 SW EDGEWOOD ST TIGARD,OR 97223
TIGARD, OR 97223
2S102D6-06100 2S102D6-06600
BURBANK C ROGER JR&MARY F DIRKSEN CRAIG E 8
9051 5W HILL ST JACQUELWE
TIGARD,OR 97223 T�lVNILL 5TR
TIGARD,OR 97223
• 2S102D6-02800 2S102DC-01200
BYRNE JAMES G&DIANNE V DUFFIELD EDWARD D SUSAN
13454 SW CHELSEA LOOP 8895 SW EDGEWOOD
TIGARD,OR 97223 TIGARD,OR 97223
2S102D6-08100 2S102DC-00512
CAMPBELL THOMAS FlCARRIE M EARDLEY DIANNE 8�
9176 SW HILL ST MCLOUGHLIN STUART
TIGAR�,OR 97223 PO BOX 91278
PORTLAND,OR 97291
2S102DC-01603 2S102DB-05900
CLARK PAUL E BETTY J ENGEL SCOTT E 8 JENNIE LEE
9160 SW EDGEWOOD 13188 CHELSEA LP
TIGARD,OR 97223 TIGAR�,OR 97223
a •
2S102D6-06500 2S102DC-01100
ETTESTAD KEITH A/WILLENE A GOETZ HOWARD V AND NANCY K
9125 SW HILL STREET 8935 SW EDGEWOOD ST
TIGARD, OR 97223 TIGARD,OR 97223
2S102D6-08200 2S102DB-04800
FISHBACK RONALD M& GOOD HERBERT A&XIN C
HONEYMAN JANE CATHARINE 13279 SW CHELSEA LP
9148 SW HILL ST TIGARD,OR 97223
TIGARD,OR 97223
2S102DC-00405 2S102DB-08400
FISHER ANTHONY C GOODMAN KRISTEN ANN
1300 GLENMORRIE DR 9114 SW HILL ST
LAKE OSWEGO,OR 97034 TIGARD,OR 97223
102DC-00302 2S102DB-03000
FI ER A ONY C HARBISON PATRICK N 8�ERICA L
1300 NMORRIE DR 13404 SW CHELSEA LP
E OS GO,OR 97034 TIGARD,OR 97223
2S102DB-03800 2S102DC-01305
FORBES MARTIN T 8� HARRIS RICK G&
CAROLYN M KREIN CAROL D
13473 SW CHELSEA LP 8930 SW EDGEWOOD ST
TIGARD,OR 97223 TIGARD,OR 97223
2S102D6-03600 2S102DC-00700
FORDICE SCOTT M& HAWKINS JEFFERY S
MEGAN L 8900 SW OMARA
13411 SW CHELSEA LP TIGARD,OR 97223
TIGARD,OR 97223
2S 102 D C-00502 2S 102D6-04900
FULLER ROBERT E AND HEDLUND TED B&
DONNA M ZIMMER JOANNE M
9130 SW OMARA ST 13331 SW CHELSEA LP
TIGARD,OR 97223 TIGARD,OR 97224
2S 102D C-01800 2S 102D B-02900
GEDNEY FRAYNIE M TRUSTEE HOCKMAN LISA K&BRIAN K
9400 SW PANORAMA PL 13416 SW CHELSEA LP
PORTLAND,OR 97225 TIGARD,OR 97223
2S102D6-06200 2S102DC-00508
GEORGE LAWRENCE B HODAPP ELDON J 8�JUDITH L
9079 SW HILL ST 9210 SW OMARA ST
TIGARD, OR 97223 TIGARD,OR 97223
2S102DC-01601 2S102D6-06700
GILCHRIST EARL J NONA HORNBACK PATRICIA F&
9100 SW EDGEWOOD ST DONALD W
TIGARD,OR 97223 9143 SW HILL ST
TIGARD,OR 97223
2S102DB-02600 2S102D6-05800 �
HOUGHTON FAMILY LLC LAYTON RICHARD G
BY HOUGHTON RAYMOND C II& 13200 SW CHELSEA LP
CAROLYN B TIGARD,OR 97223
322 8TH ST
LAKE OSWEGO,OR 97034
25102DC-01400 2S102D6-05600
HURLBUTT WILLIAM M 8 CHRISTINE LEE BONG JIN 8 DONG SHIM
8990 SW EDGEWOOD ST 13226 SW CHELSEA LP
TIGARD,OR 97223 TIGARD,OR 97223
2S102DB-03500 2S102D8-0310D
ISOM DAVID BRYAN AND MERRICK DONALD L&CAROL J
BARBARA JO 13376 SW CHELSEA LP
13391 SW CHELSEA LOOP TIGARD,OR 97223
TIGARD,OR 97223
2S702DB-04600 2S102DC-01402
JOOBBANI DARYOUSH MILLER DANIEL W 8�KRISTIN D
11812 SW ASPEN RIDGE DR 8940 SW EDGEWOOD ST
TIGARD,OR 97224 TIGARD,OR 97223
2S702DB-03400 2S102DC-00300
KACIR KENT C& MILLER SHANE A 8�MICHELE L
KACIR KATHRYN M 9220 SW O'MARA ST
15027 ALSTONE DR TIGARD,OR 97223
FRISCO,TX 75035
2S702D8-D5500 2S102D6-08500
KEYS EDWARD MCCLELLAND& MIZE LOA M 8 JON M
KEYS ELIZABETH ALICE 9092 SW HILL ST
13244 SW CHELSEA LOOP TIGARD,OR 97223
TIGARD,OR 97223
2S102DC-00403 2S102D6-05200
KING SCOTT G&ELIZABETH A MONROE REVOCABLE LIVING TRUST
9235 SW EDGEWOOD ST BY JAMES FORDON MONROE&
TIGARD,OR 97223 CAROLYN DALE MONROE TRUSTEES
13298 SW CHELSEA LP
TIGARD,OR 97223
2S102DC-00510 2S102DC-00506
LARSEN PAUL ANDREW AND MUELLER ROLF K&NANCY J
LORI MEG 9190 SW OMARA ST
9115 SW E�GEWOOD TIGARD,OR 97223
TIGARD,OR 97224
2St 02DC-00507 2S102DB-06900
LARVIK KENNETH E 8 NELSON DOUGLAS S/JEANNE M
NYOKA W TRUSTEES 9169 SW HILL ST
9155 SW EDGEWOOD ST TIGARD,OR 97223
TIGARD,OR 97223
2S 102 D B-07000 2S102DB-05300
LAURIE PAUL NORTON NANCY L
1001 N PASADENA#154 13284 SW CHELSEA LP
MESA,AZ 85201 TIGARD,OR 97223
2S102DC-00509 2S102DB-05400
OTT GARETH S ANNE ROBBINS MATTHEW L
9055 SW EDGEWOOD 13262 SW CHELSEA LOOP
TIGARD,OR 97223 TIGARD,OR 97223
2S102DB-00603 2S102DC-01000
OTTING LOIS E RUSSELL NORMAN L
8885 SW O'MARA ST 8857 SW EDGEWOOD ST
TIGARD,OR 97223 TIGARD,OR 97223
2S102DC-01501 2S102DC-00505
PALMER MARCIA R SABBE REMI 8 APRIL
9070 SW EDGEWOOD ST 9175 SW EDGEWOOD ST
TIGARD, OR 97223 TIGARD,OR 97223
2S102D6-04000 2S102DB-D5700
PALMER MICHAEL P&AMY L SANDINE FRED R&RUTH L
13543 SW CHELSEA LP TRUSTEES
TIGARD,OR 97223 13212 SW CHELSEA LOOP
- TIGARD,OR 97223
2S102D6-04300 2S102DC-00500
PALMER THOMAS C AND SCHMIDT JOHN G 8
KIMBERLY J DE80RAH S
13193 SW CHELSEA LOOP 9000 SW OMARA ST
TIGARD,OR 97223 TIGARD,OR 97223
2S102D8-06800 2S102D6-04400
PANNING FRED BENJAMIN 8 SENESTRARO DEBRA C
JOANNE RAE 13205 SW CHELSEA LP
9155 SW HILL ST TIGARD,OR 97223
TIGARD,OR 97223
2S 102 D B-04700 2S102D B-0600a
PHAY DARON J AND NANCY J SMITH LANE C 8 DANA A
13255 SW CHELSEA LOOP 1293 DAPPLE GRAY LN
TIGARD,OR 97223 LAKE OSWEGO,OR 97034
2S102DB-03700 2S102DB-08300
POLIVKA JON J 8� STANCIL DANNY R 8
CAMPBELL HOLLY STANCIL HELEN
13435 SW CHELSEA LP 10 ANCHORAGE PL
TIGARD,OR 97223 SOUTH PORTLAND, ME 4106
2S102DB-04200 2S102D8-06300
PRUETT DANIEL S STEWART-SMITH DAVID A AND
13181 5W CHELSEA LP CAROL A
TIGARD,OR 97223 9095 SW HILL STREET
TIGARD,OR 97223
2S 102 DB-03900 2S 102 DC-00501
RIES DON K 8 SULLIVAN RICHARD A 8 SUZANNE P
RIES KAREN M 9085 SW EDGEWOOD
13509 SW CHELSEA LP TIGARD,OR 97224
TIGARD, OR 97223
. •
2S102DC-01700 2S102DB-00602
TENY GEORGE 8 JENNA ZINDA TODD M&
9200 SW EDGEWOOD ST KANDZIORA GABRIELA
TIGARD,OR 97223 PO BOX 1578
TUALATIN,OR 97062
zsioz�e-oz�oo
TIMM CARREN A Martin & Christine Yedinak
13488 SW CHELSEA LP P� BOX 230194
TIGARD,OR 97223 Tigard, OR 97281-0194
2S102D6-00604
TOMBLESON DANICE LLOYDE
8825 SW O'MARA ST
TIGARD,OR 97223
2S702DC-01401
UNDERHILL MARK R 8�
ROGERS SUSAN LEE
8960 SW EDGEWOOD
TIGARD,OR 97223
2S102DB-080�0
VANGINHOVEN NANCY K
9194 SW HILL ST
TIGARD,OR 97224
2S102DC-00404
WACHSMUTH LOUIS J 8
CAROLE M TRUSTEES
9285 SW EDGEWOOD
TIGARD,OR 97223
2S102DB-07200
WALKIEWICZ MICHAEL R
9199 SW HILL STREET
TIGARD,OR 97223
2S 102DC-00504
WILSON JOHN G 8 JODY K 8
GOTTER SAMUEL A JR
12995 SW PACIFIC HWY
TIGARD,OR 97223
2S102DC-00511
YEDINAK MARTIN J&CHRISTINE G
9090 SW OMARA
TIGARD,OR 97223 �
2S1D2DB-04100
YUZON JASON B&KELSEY M
13571 SW CHELSEA LP
TIGARD,OR 97223
, • .
Josh Thomas
10395 SW Bonanza
Tigard, OR 97224
Kristen Miller
8940 SW Edgewood Street
Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Tim Esau
PO Box 230695 ,
Tigard, OR 97281
CPO 46
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224 .
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Joseph Dyar
10285 SW Highland Drive
Tigard, OR 97224�668
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CITY OF TIGARD - SOUTN INTERESTED PARTIES (pg. I of I) (i:lcurpinlsetupllabelslClT South.doc) UPDATED: 21-Sep-04
. , ,
AFFIDAVIT OF MAILING CITYOFTIOARD
Community�Druelopment
S�raping.�l Better�ornmunity
I, 2�atricr'aG. Gu ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrativeSpeciaC'utfor
the �'ity of7'�gar , 4Nashington County, Oregon and that I served the following:
{Chedc Appropnate Box(s)Below}
� NOTICE OF DECISION FOR: MLP2005-00002NAR1005-00051 — YEDINAK PARTITION
� AMENDED NOTICE (File NoJName Reference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhi6it"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 Exlliblt"B",and by reference made a part
hereof, on May19,2005,and deposited in the United States Mail on May19,2005,postage prepaid.
_ - ��
(P re ared Noti e)
,S7,A�E O�'O�;EGON �
County of�tNasfiington )ss.
City of Tsgard ) �
Subscribed and sworn/affirmed before me on the �day of ' `C. , 2005.
t � - � '�
My Comni ion Expires: ��� � 1--�' �
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NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2005-00002 ��
CITY OP TIOARD
YEDINAK PARTITION Community�Dever�n�
Sha �ngA R3etterCommumty
120 DAYS =7/26/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: YEDINAK PARTITION
CASE NOS: Minor Land Partition (MLP) MLP2005-00002
Development Adjustment VAR2005-00051
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
.54-acre lot into two (2) parcels for detached single-family residences. An existing
single-family dwelling exists on the subject parcel and is proposed to remain on
Parcel #1. To accommodate access to the proposed Parcel #2 a side yard setback
adjustment, reducing the required 5 feet to 4.4 feet is also requested to ensure
Parcel #1 remains in compliance with all setback requirements.
APPLICANT: Martin and Christine Yedinak OWNER: Same
PO Box 230194
Tigard, OR 97281
ZONING
DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square feet. Duplexes and attached
single-family units are permitted conditionally. Some civic and institutional uses are
also permitted conditionally.
LOCATION: 9090 SW O'Mara Street; WCTM 2S102DC, Tax Lot 511.
PROPOSED PARCEL 1: 9,601 Square Feet.
PROPOSED PARCEL 2: 11,329 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and
Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree
Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility
Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions. The findings and conclusions on which the
decision is based are noted in Section V.
NOTICE OF DECISION MLP2005-000021`(EDINAK PARTITION PAGE 1 OF 19
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
u mit to t e anning epartment ary agenstec er, , ext. or review an
approval:
1. Prior to final plat approval the applicant shall submit a revised preliminary plat that shows the
visual clearance area accurately, in accordance with (TCDC) Section 18.795.040.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
2. A Public Facility Improvement (PFI) permit is req uired for this pro'ect to cover sewer taps, storm
draina�e improvements and any other work in the public right-o�-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 Buifding 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).
3. The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who will �e�esignated as the "Permittee", and who will
provide the financial assurance for the public improvements. For example, specify if the entity is
a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is
incorporated and provide the name of the corporate contact person. Failure to provide accurate
information to the Engineering Department will delay processing of project documents.
4. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT:
Shirley Treat, Engineering).
5. Additional right-of-way shall be dedicated to the Public along the frontage of SW O'Mara Street to
provide 29 feet from centerline. The description shall be tied to the existing right-of-way
centerline. The dedication shall be on the plat.
6. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate
in the future improvements of SW O'Mara Street adjacent to the subject property, when any of the
following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in whole or in
part by the Gity or other public agency,
C. when the improvements are par� of a larger project to be constructed by a third party and
involves the sharing of design and/or construction expenses by the third party owner(s) of
property in addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by the City Engineer
in conjunction with construction of improvements by others adjacent to the subject site.
7. The applicant shall pay the reimbursement fee prior to issuance of the PFI for Sewer
Reimbursements District 23.
8. The applicant shall provide. connection of proposed buildings to the public sanitary sewerage
system. A connection permit is required to connect to the existing public sanitary sewer system.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 2 OF 19
9. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to
the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates
can be established by:
. GPS tie networked to the City's GPS survey.
. By random traverse using conventional surveying methods.
10. 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 pla{ and data or narrative shall be drawn to the minimum standards set forth by
the Oregon Revised Statutes (ORS 92.05), Washington County, and by the City of Tigard.
D. The ri ht-of-way dedication for O'Mara Streets 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 ap�licant's surveyor.
F. After the City and County have reviewed the final plat, submit two mylar copies of the final
plat for City Engineer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
u mit to t e anning epartment ary agenstec er, , ext. or review an
approval:
11. The applicant shall include the requirement to plant street trees as part of any future street
improvement in the restrictive covenant for proposed Parcels #1 and #2 identified in Condition #6
above.
12. Prior to issuance of building permits for Parcel #2, the applicant shall ensure all proposed tree
protection fencing is installed and inspected by the City Forester. Fencing shall remain in place
through the duration of home building. After approval from the City Forester, the tree protection
measures may be removed.
13. Prior to issuance of building permits, the applicant shall record a deed restriction for each lot to
the effect that any tree larg er than 12 inches in diameter shall not be removed unless the tree
dies or is hazardous according to a certified arborist. The deed restriction may be removed or will
be considered invalid if a tree preserved in accordance with this section should either die or be
removed as a hazardous tree.
14. Prior to occupancy, the applicant shall install a sight obscuring fence (or evergreen hedge) and
street trees along the western edge of the proposed accessway serving Parcel # 2.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
15. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
16. The applicant shall either place the existing overhead utility lines along SW O'Mara Street
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 utili lines and will be $ 35.00
per lineal foot. If the fee option is chosen, the amount will be $ 3430.0� and it shall be paid prior
to issuance of building permits.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 3 OF 19
17. During issuance of the building permit, the applicant shall pay the fee in-lieu of constructing an
on-site water quality and water quantity facility. The fee is based on the total area of new
impervious surfaces in the proposed development.
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 Ject ot is located within the City of Tigard. The property is designated Low-Density Residential
on the Tigard Comprehensive Plan Map. The subJ�ect lot was developed with a single family dwelling in
1977. No land use approvals were found to be on �ile.
Site Information and Pro osal Descri tions
e su �ect property is approximatey .54 acres or 23,994 square feet in size. The site has
approximately 98 feet of frontage on SW O'Mara Street and is approximately 260 feet deep. The
property slopes gently down towards the north. The adjacent properties are developed with single-family
homes.
The owner is proposing to partition one additional lot from the southern portion of the subject site as
indicated on the proposed partition plat. Proposed Parcel #1 (9,601 square feet) includes an existing
dwelling that is proposed to remain. A side yard setback adjustment is required to ensure compliance
with setback standards. Proposed Parcel #2 is 13,339 square feet.
SECTION IV. PUBLIC COMMENTS
The City mailed notice to property owners within 500 feet of the subject site providing them an
opportunity to comment. No written comments were received.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
Land Partitions (18.4201:
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
throu h the imposition of conditions of development approval. . Provided all necessary conditions are
satis�ed as part of the development and building process, this criterion is met.
There are adequate public facilities available to serve the proposal;
Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility
Improvement Standards). Based on the analysis provided herein, Staff finds that adequate public
facilities are available to serve the proposal. Therefore, this critenon 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.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 4 OF 19
All proposed lots conform to the specific requirements below:
The minimum width of the building envelope area shall meet the lot requirement of the applicable
zoning district.
The minimum lot width required for the R-4.5 zoning district is 50 feet. Parcel #1 is 98 feet in width;
parcel #2 is also 98 feet wide. Therefore, this criterion has been met.
The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the
accessway may not be included in the lot area.
The minimum lot area requirement in the R-4.5 zoning district is 7,500 square feet for detached
single-family units. The proposed partition creates two (2) lots that are 9,601 and 13,339 square feet
(11,329 square feet without the flag pole) respectively. Therefore, this criterion has been met.
Each lot created through the partition process shall front a public right-of-way by at least 15 feet
or have a legally recorded minimum 15 foot wide access easement.
The proposed partition plat illustrates that the proposed pole for lot#2 is 15 feet wide, leaving a balance
of 83 feet of frontage for the existing dwelling. Therefore, this criterion is met.
Setbacks shall be as required by the applicable zoning district.
Setbacks for the R-4.5 zoning district are as follows: front = 20 feet; side = 5 feet; and rear =15 feet. The
existing house on Parcel #1 is proposed to remain. This structure is situated from 29.1 to 30 feet from
the front property line (after a 9-foot right of way dedication to the Citv for SW O'Mara Street), from15.6
to 16.4 feet from the existing east side property line, and from 4.4 to 5 feet from the proposed west side
property line, and 35 feet to the proposed rear property line. Although the west side yard setback does
not meet the zoning district standard, a 12 percent ad�ustment can be granted as determined below
under the variance section of this decision. The proposed building envelope for Parcel #2, as shown on
the preliminary plat, meets the setback standards. However, setbacks for the future home will be
reviewed at the time of building permit submittal. Therefore, this criterion is met.
When the partitioned lot is a flag lot, the developer may determine the location of the front yard,
provided that no side yard is less than 10 feet. Structures shall generally be located so as to
maximize separation from existing structures.
The applicanYs Preliminary Plat shows a 50-foot by 50-foot "approximate area for new home
construction." This area is sited such that there is a proposed 15-foot side yard setback from the
existing west parcel boundary, 20 foot rear yard set back from the parcel's existing southern boundary, a
32-foot side yard set back from the existing parcel's east boundary, and an approximate 44-foot front
yard set back from the proposed north property boundary. Therefore, this criterion is met.
A screen shall be provided along the property line of a lot of record where the paved drive in an
accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040.
Screening may also be required to maintain privacy for abutting lots and to provide usable
outdoor recreation areas for proposed development.
The proposed flag lot access way is approximately 160 feet in length and is located within ten feet of the
abutting lot for approximately 125 feet. Therefore, screening with a fence, wall, or hedge shall be
provided along the property line in accordance with the screening provisions in 18.745.050.
The fire district may require the installation of a fire hydrant where the length of an accessway
would have a detrimental effect on fire-fighting capabilities.
The fire district (NFR) has reviewed the proposal and has not required an additional fire hydrant; there
is already a hydrant directly in front of Parcel #1.
Where a common drive is to be provided to serve more than one lot, a reciprocal easement
which will ensure access and maintenance rights shall be recorded with the approved partition
map.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 5 OF 19
There are no existing or proposed shared driveways; therefore this standard is not applicable.
Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and
Circulation.
This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision.
Where landfill and/or development is allowed within or adjacent to the one-hundred year
floodplain, the city shall require consideration of the dedication of sufficient open land area for
greenway ad�oining and within the floodplain. This area shall include portions at a suitable
elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan.
The partitioned lots are not within nor adjacent to a one-hundred-year floodplain. Therefore, this
standard does not apply.
An application for a variance to the standards prescribed in this chapter shall be made in
accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition
and variance(s)/adjustment(s) will be processed concurrently.
An application for a side yard setback development adJ'ustment from the required 5 feet to 4.4 feet has
been submitted with this application and is reviewed below in accordance with Chapter 18.370.
FINDINGS: The proposed minor land partition meets, or can meet, all of the relevant standards of the
land partition section as indicated in the above findings and following sections of this
decision.
Residential Zoninq Districts (18.5101:
Development standards in residential zoning districts are contained in Table 18.510.2 below:
TABLE 18.510.2 - DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-4.5 Parcel1 Parcel2
Minimum Lot Size
- Detached unit 7,500 sq. ft. 9,601 sq. ft. 11,329 sq. ft.
- Duplexes 10,000 sq. ft.
-Attached unit
Average Minimum Lot Width
- Detached unit lots 50 ft. 98 ft. 98 ft.
- Duplex lots 90 ft.
-Attached unit lots
Maximum Lot Covera e - NA NA
Minimum Setbacks
- Front yard 20 ft. 29.1 -30 ft. Can be met[1]
-Side facing street on corner&through lots 15 ft. N/A N/A
-Side yard 5 ft. 4.4-5.0 ft. Can be met
- Rear yard 15 ft. 69 ft. Can be met
-Side or rear yard abutting more restrictive zoning district -- N/A N/A
- Distance between property line and front of garage 20 ft. 29.1 ft. Can be met
-Side Yard Setbacks for Fla Lots TDC 18.420.050 A 4 e 10 ft. N/A Can be met
Maximum Hei ht 35 ft. existin Can be met 2
Minimum Landsca e Re uirement - NA NA
[1]The applicanYs narrative does not clearly describe proposed setbacks for the proposed dwelling on Parcel#2.Several scenarios are described but
are conflicting.Therefore, no specific dimensional proposal is reviewed here. However,the original 50-foot by 50-foot building envelope shown on the
preliminary plat would allow the applicable setbacks to be met. Actual setbacks will be reviewed during the building permit process for future
development on the proposed Parcel#2.
[2]The proposed height of the proposed dwelling on Parcel#2 is two stories and 18 feet(as measured according to Table 18.120.1) and must be
reviewed under the exceptions to development standards for flag lots(18.730).
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 6 OF 19
FINDING: As demonstrated in the above table, the development standards of the R-4.5 zone have
not been met for proposed parcel #1. The side yard setback from the existing structure
to the proposed flag pole access for parcel #2 is 4.4 feet, less than the required 5 feet.
Therefore, a variance is required to ad1�ust the setback. The proposed variance has
been applied for and, as reviewed below concurrently in this decision, meets the
variance standards and can be approved.
Setback standards, required by Table 18.510.2 will ap�ly to future development of
proposed parcel #2. The proposed 50-foot by 50-foot building envelope, as shown on
the applicant's preliminary plat, meets the setback standards as shown in the above
table. The proposed dwelling's finro stories may be allowed as shown in the review of the
building heights and flag lots standards below. Future development on Parcel #2 will be
reviewed through the building permit process to ensure compliance with the R-4.5
development standards. Therefore, the development standards for the R-4.5 residential
zoning district are met.
Exceptions To�Deve�lo�ment Standards (18.730)
�uiTdin�ights and t ag o
Limitations on the placement of residential structures on flag lots apply when a flag lot was
created prior to April 15, 1985; a flag lot is created after April 15, 1985 by an approved
partition; or a flag lot is created by the approval of a subdivision and the flag lot is located on
the periphery of the subdivision so that the lot adjoins other residentially-zoned land.
This standard applies to the proposed partition because this application for a land partition comes
after April 15, 1985.
The maximum height for an attached or detached single-family, duplex, or multi�le family
residential structure on a flag lot or a lot having sole access from an accessway, private drive
or easement is 1-1/2 stories or 25 feet, whichever is less, except that the maximum height may
be 2-1/2 stories or 35 feet, whichever is less, provided:
a. The proposed dwelling otherwise complies with the applicable dimensional
req uirements of the zoning district;
b. A 10 feet side yard will be preserved;
c. A residential structure on any abutting lot either is located 50 feet or more from the
nearest point of the subject dwelling, or the residential structure exceeds 1-1/2 stories
or 25 feet in height on any abutting lot; and
d. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on
any abutting lot unless the proposal includes an agreement to plant trees capable of
mitigat�ng direct views, or that such trees exist and will be preserved.
The applicant's narrative states that the proposed dwelling for Parcel #2 will not exceed 35 feet. The
applicant's elevation drawings show a two-story dwelling with an average highest gable height of
approximately 18 feet. Because the proposed dwelling is two stories, the additional criteria must be
met. As reviewed in the above section, the proposed dwelling can meet the applicable dimension
requirements of the R-4.5 district, including 10-foot side yard setbacks. All residential structures on
ad�oining lots are located from 70 to 150 away from the proposed building envelope. Windows of the
proposed dwellin� do exceed 15 feet above grade and therefore must be screened from the patio of
the existing dwelling on Parcel #1. The applicant's tree plan shows that two 14-inch dbh filbert trees,
identified to be retained, are located such that they would adequately mitigate direct views. Therefore,
the height of the proposed dwelling on the proposed Parcel #2 meets the building height standard for
flag lots.
FINDING: The height of the proposed dwelling on the proposed flag lot meets the criteria of
Section 18.730.020.0
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 7 OF 19
Variances and Adjustments (18.370)
Development adjustments.
The following development adjustments will be granted using approval criteria below:
a. Front yard setbacks. Up to a 25% reduction of the dimensional standards 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 maximum lot coverage required in the base
zone.
Approval criteria.
A demonstration that the adjustment requested is the least required to achieve the desired
effect;
The desired effect is to preserve the existing dwelling while providing for a 15-foot flag lot access
way. The proposed side yard setback adjustment from 5 feet to 4.4 feet (12%) is less than the 20
percent reduction allowed and is the least required to achieve the desired effect. Therefore, this
criterion is met.
The adjustment will result in the preservation of trees, if trees are present in the development
area;
No trees are present in the side yard adJ�acent to the dwelling. The proposed adjustment will have no
consequence to the preservation trees. Therefore, this criterion does not apply.
The adjustment will not impede adequate emergency access to the site;
The adjustment to the side yard setback will not reduce the required access width of 15 feet.
Therefore, the ad'ustment will not have any effect on emergency access to the proposed flag lot.
Therefore, this cri�erion is met.
There is not a reasonable alternative to the adjustmentwhich achieves the desired effect.
The desired effect is to preserve the existing building while providing a flag lot access way to the rear
of the property. The side yard dimension on the east side of the dwelling is 15 feet six inches, less
than the 19 feet 4 inches on the west side. Therefore, there is not a reasonable alternative to the
adjustment which achieves the desired effect.
FINDING: The proposed side yard adjustment meets the adjustment criteria.
Access, Eqress and Circulation (18.705):
Continuing obli�ation of property owner. The provisions and maintenance of access and egress
stipulated in this title are continuing requirements for the use of any structure or parcel of real
property in the City.
The standards of this chapter will be a continuing obligation on the owners of these parcels.
Section 18.705.030.H.1 states that an access report shall be submitted with all new development
proposals which verifies design of driveways and streets are safe by meeting adequate stacking
needs, sight distance and deceleration standards as set by ODOT, Washington County, the City
and AASHTO.
An access report has not been submitted. Traffic trip generation is minimal with the scale of
development allowed under a minor land partition and therefore is not required.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 8 OF 19
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
�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 drrveway shall be placed as far
from the intersection as possible.
The proposed development is located over 1,300 lineal feet from the nearest collector or arterial, Hall
Boulevard. Therefore, the proposed driveway meets this standard.
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.
SW O'Mara Street is a local street, and no new streets are being created. Therefore, this standard is
met.
Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize
jointly the same access and egress when the combined access and egress of both uses,
structures, or parcels of land satisfies the combined requirements as designated in this title,
provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases
or contracts to establish the joint use; and copies of the deeds, easements, leases or contracts
are placed on permanent file with the City.
No joint access is proposed. This standard is not applicable.
Public street access. All vehicular access and egress as required in Sections 18.705.030H and
18.705.0301 shall connect directly with a public or private street approved by the City for public
use and shall be maintained at the required standards on a continuous basis.
The proposed flag lot parcel has a 15-foot wide access to SW O'Mara Street, a public street. This
standard is met.
Minimum access requirements for residential use. Private residential access drives shall be
provided and maintained in accordance with the provisions of the Uniform Fire Code.
Each parcel will have a standard driveway. The slope of both driveways will be less than the overall
4.5% slope over the entire length of the parcel. Parcel #1 will retain the existing driveway, which will
extend 30 feet in length from the revised right of wa�r line. The flag pole for Parcel #2 is approximately
117 feet long. The proposed construction sife is identified on the preliminary partition plan approximately
44 feet beyond the pole. The total length of the driveway for proposed parcel #2 could be 161 feet.
Comments received from Tualatin Valley Fire and Rescue state that no turnaround is required due to the
depth of the access roadway, and that the access roadway meets the fire apparatus access road width
and vertical clearance standard. Therefore, this standard is met.
Access drives in excess of 150 feet in length shall be provided with approved provisions for the
turning around of fire apparatus by one of the following: a) A circular, paved surface having a
minimum turn radius measured from center point to outside edge of 35 feet; b) A hammerhead-
configured, paved surface with each leg of the hammerhead having a minimum depth of 40 feet
and a minimum width of 20 feet; c) The maximum cross slope of a required turnaround is 5%.
As described above, comments received from Tualatin Valley Fire and Rescue state that no turnaround
is required due to the depth of the access roadway, ancf that the access roadway meets the fire
apparatus access road width and vertical clearance standard. Therefore, this standard is met.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 9 OF 19
To provide for increased traffic movement on congested streets and to eliminate turning
movement problems, the Director may restrict the location of driveways on streets and require
the location of driveways be placed on adjacent streets, upon the finding that the proposed
access would cause or increase existing hazardous traffic conditions; or provide inadequate
access for emergency vehicles; or cause hazardous conditions to ex�st which would
constitute a clear and present danger to the public health, safety, and general welfare.
O'Mara is a local street serving a low density residential neighborhood. There are no specific reasons to
restrict access or require joint access for the proposed flag lot accessway. Therefore, this standard does
not apply.
FINDING: The standards of the Access Management chapter (18.705) have been satisfied.
Density Computations (18.7151:
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.
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 req uired 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 subject. .54-acre �arcel totals 23,606 square feet. There are no sensitive land areas or private
streets within the sub�ect proposal. To determine the net developable area, the square foota e to
accommodate the existing house on Parcel #1 (9,601 square feet), the area of the pole o� the
proposed flag lot (1,755 square feet), and the O'Mara Street right of way dedication (7 feet x 98 feet =
686 square feet) are deducted (23,606 square feet gross — 12,042 square feet deductions = 11,564
net developable square feet). As the minimum lot size for the R-4.5 zone is 7,500 square feet, the
maximum number of additional lots is one. The minimum number of additional lots is zero. The
proposed partition creates two 2) separate lots in conformance with the ens�ity requirements.
FINDING: Based on the analysis above, the Density Computation Standards have been met.
Landscapina 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 a proved after the adoption of this title shall be
required to plant street trees in accordance with �he standards in Section 18.745.040C.
This proposed proJ'ect includes frontage on SW O'Mara Street, a public street. The driveway serving the
proposed Parcel #2 exceeds 100 feet in length. Therefore, street trees are required along the public
street and the proposed flag lot driveway of Parcel #2. The required trees shall be planted in
accordance with the standards for size and spacing in this title, under Section 18.745.040.C. Since SW
O'Mara Street is not improved with curbs and sidewalks along the frontage, and will undergo a street
improvement in the future, and since the street improvement has not yet been designed, planting of
street trees will be deferred until the street improvements occur. However, street trees shall be planted
along the proposed flag lot accessway prior to occupancy of the proposed dwelling on Parcel #2.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 10 OF 19
Bufferin and Screenin Re uirements: Section 18.745.050.5
ere screening is require e o ow�ng standards shall apply:
a. A hedge of narrow or broad leaf everg reen shrubs shall be planted which will form a four
foot continuous screen of the heigFit specified in Table 18.745.2 within two years of
planting, or
b. An earthen berm planted with evergreen plant materials shall be provided which will form
a continuous screen of the height specified,in Table 18.745.2 within two years. The
unplanted portion of the berm shall be planted in lawn or other living ground cover; or
c. A fence or wall of the height specified in Table 18.745.2 shall be constructed to provide a
continuous sight obscuring screen.
Pursuant to 18.420, a screen shall be rovided alon the pro erty line of a lot of record where the
paved drive in an accessway is located w�hin ten feet o�an abutting fot. The proposed Parcel #2 access
drive is located within 5 feet of the adjacent lot and the proposed Parcel #2 for approximately 120 feet.
Therefore, a screen shall be provided that meets the above criteria. The applicant has proposed a fence
for this purpose.
FINDING: The landscape standards have not been met. However, with conditions of approval
requiring street trees along O'Mara Street and street trees and screening along the flag lot
accessway on Parcel #2, the landscaping standards can be met.
CONDITIONS:
. The applicant shall record a restrictive covenant with proposed Parcels #1 and #2
that will include a requirement for planting street trees as part of any future street
improvement.
. Prior to occupancy, the.applicant shall provide street trees, pursuant to Section
18.745.040, and screening, pursuant to 18.745.050.5, along the accessway for
proposed Parcel #2.
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.
The applicant has submitted a tree protection plan that has been reviewed and accepted by the City
Forester. The applicant has indicated that there are 5 trees greater than 12-inch diameter on the
property and has proposed retaining all of these trees. Since this represents a 100% retention of trees,
no mitigation is required. The City Forester, however, notes that no building permits for the proposed
Parcel #2 should be issued until the City Arborist can verify that protection measures have been installed
according to the required tree protection plan.
Section 18.790.040 states that any tree preserved or retained in accordance with this section may
thereafter be removed only for the reasons set out in a tree plan, in accordance with Section
18.790.030, or as a condition of approval for a conditional use, and shall not be subject to
removal under any other section of this chapter. The property owner shall record a deed
restriction as a condition of approval of any development permit affected by this section to the
effect that such tree may be removed only if the tree dies or is hazardous according to a certified
arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in
accordance with this section should either die or be removed as a hazardous tree. The form of
this deed restriction shall be subject to approval by the Director.
The applicant will be required as a condition of approval to record a deed restriction limiting the removal
of trees that are retained on the project site greater than 12 inches in diameter, in accordance with this
standard.
FINDING: Based on the analysis above, the Tree Removal Standards have not been met. In order
to meet the standard, the applicant shall satisfy the following conditions:
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 11 OF 19
CONDITIONS:
. Prior to issuance of building permits, the applicant shall ensure all proposed protection
fencing is installed and inspected, and shall remain in place through the duration of
home building. After approval from the City Forester, the tree protection measures may
be removed.
. Prior to issuance of building permits, the applicant shall record a deed restriction for each
lot to the effect that any tree larger than 12 inches in diameter shall not be removed unless
the tree dies or is hazardous according to a certified arborist. The deed restriction may be
removed or will be considered invalid if a tree preserved in accordance with this section
should either die or be removed as a hazardous tree.
Visual Clearance Areas (18.795):
TFis� ap er requires f ��a a�c�ar vision area shall be maintained on the corners of all property
adjacent to intersecting right-of-ways or the intersection of a public street and a private
driveway. A clear vision area shall contain no vehicle, hedge, plantin , fence, wall structure, or
temporary or permanent obstruction exceeding three (3) feet in heigh� The code provides that
obstructions that may be located in this area shall be visually clear between three (3) and eight
(8) feet in height Trees may be placed within this area provided that all branches below eight (8)
feet are removed. A visual clearance area is the triangular area formed by measuring from the
corner, 30-feet along the right of way and along the driveway and connecting these two points
with a straight line.
The applicant's site plan does not show the vision clearance triangles for the proposed lots. The vision
clearance areas will need to be shown on a revised preliminary plat.
FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards are not
presently met.
CONDITION: Prior to final plat approval, the applicant shall submit a plat that shows the visual clearance
area accurately, in accordance with Tigard Community Development Code (TCDC)
Section 18.795.040.
I__mpact Study (18.390)
ec ion . 6U��states, "The Director shall make a finding with respect to each of the
following criteria when approving, approving with conditions or denying an application:"
Section 18.390.040 states that the applicant shall provide an impact study to quantify the
effect of development on public facilities and services. For each public facility system and
type of im act, the study shall propose improvements necessary to meet City standard, and to
minimize �he impact of the development on the public at large, public facili�ies systems, and
affected private property users.
In situations where the Community Development Code requires the dedication of real property
interests, the applicant shall either specifically concur with a requirement for public right-of-way
dedication, or provide,evidence that supports that the real prope� dedication is not roughly
proportional to the pro�ected impacts of the development. Section 1 390.040 states that when a
condition of approval requires the transfer to the public of an interest in real roperty, the
approval authority shall adopt findings which support the conclusion that the in�erest in real
property to be transferred is roughly proportional to the impact the proposed development will
have on the public.
The a�plicant has submitted an impact study. The applicant will not be required to physically improve
SW O Mara Street since the subject property has suc�i a limited amount of frontage, and the ma�ority of
the street is unimproved. However, the appficant will be required to submit a waiver of remonstrance for
future participation in a Local Improvement District (LID) for street improvements on SW O'Mara Street
to mitigate for the addition of 10 vehicle trips from the site. The applicant will be extending sanitary
sewer and storm drainage connections to the two parcels to account for the additional impervious area
being added to the site and to mitigate for the loss of the present septic drain field. Sewer is already
available and has sufficient capacify to serve the develo ment. Other impacts to public facilities are
offset by the collection of Systems Development Charges �SDC's) cotlected at the time of building permit
issuance. Therefore, this standard can be satisfied through meeting the conditions of approval in this
decision.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 12 OF 19
The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of
developmenf. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy
Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of
new development on the Collector and Arterial Street system. The applicant will be required to pay TIF's
of approximately $2,260 per new dwelling unit.
Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements
citywide, a fee that would cover 100 percent of this projects traffic impact is $7,062 ($2,260 divided by
.32). The difference between the TIF paid, and the full impact, is considered the unmiti ated im act on
the street system. The unmitigated impact of this project on the transportation system is�4,802 (�7,062-
$2,260): The applicant will be required to dedicate additional right-of-way along SW O'Mara Street
(approximately 8$3 square feet) for future road improvements. The approximate value of unimproved
residentially zoned property is $3.00 per square foot, for a total value of $2,649.00. Since the
unmitigated impact remaining is $2,153. ($4,802-$2,649.00) the required exaction is proportionate.
PUBLIC FACILITY CONCERNS
Street And Utility Improvements Standards (Section 18.810�
� ap er . proviaes cons ruc ion s n ar s or #�implementation of public and private
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be
improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion
of an existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a collector street to
have a 35-foot right-of-way width and 23-foot paved section. Other improvements rec�uired may
include on-streef parking, sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
This site lies adl�acent to SW O'Mara Street, which is classified as a local street on the City of Tigard
Transportation Plan Map. At present, there is approximately 20 feet of ROW from centerline, according
to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 27
feet from centerline.
SW O'Mara Street is currently partially improved. In order to mitigate the impact from this development,
the applicant should enter into a restrictive covenant for future street improvements.
Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan
shall be filed which shows the pattern of existing and proposed future streets from the
boundaries of the proposed land division. This section also states that where it is necessary to
give access or permit a satisfactory future division of adjoining land, streets shall be extended to
fhe boundary lines of the tract to be developed and a barricade shall be constructed at the end of
the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since
they are intended to continue as through streets at such time as the adjoining property is
developed. A barricade shall be constructed at the end of the street by the property owners
which shall not be removed until authorized by the City Engineer, the cost of which shall be
included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-
sac bulbs shall be constructed for stub streets in excess of 150 feet in length.
Due to the surrounding development there is no opportunity for future street extensions through this
development.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 13 OF 19
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be
desi�ned with due regard to providing adequate buifding sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall
not exceed 1,800 feet measured along the right-of-way line except:
. Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre�xisting development or;
. For blocks adjacent to arterial streets, limited access highways, major collectors or
railroads.
. For non-residential blocks in which internal public circulation provides equivalent access.
No new streets are being created with this partition. Therefore, this standard is not applicable.
Section 18.810.040.6.2 also states that bicycle and pedestrian connections on public easements
or right-of-ways shall be provided when full street connection is not possible. Spacing between
connections shall be no more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict adherence to other standards
in the code.
Similarly, since no streets are being proposed, and no connections are required, this standard is not
applicable.
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 times the minimum lot size of the
applicable zoning district.
The lot width for both parcels is 98 feet and the lot depth for both parcels is 117 feet. The lot depths are
1.19 times the lot widths, consistent with this standard.
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public
or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies,
which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide
recorded access easement. In cases where the lot is for an attached single-family dwelling unit,
the frontage shall be at least 15 feet.
The proposed development is a minor land partition. Parcel #1 has 83 feet of frontage on O'Mara. Parcel
#2 has 15 feet frontage. Therefore, this criterion is met.
Sidewalks: Section 18.810.O10.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.
The applicant will enter into a restrictive covenant for future half-street improvements that will include
construction of sidewalks.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 1996 and including any future revisions or
amendments) and the adopted policies of the comprehensive plan.
Over-sizin�: Section 18.810.090.0 states that proposed sewer systems shall include
consideration of additional development within the area as projected by the Comprehensive
Plan.
There is an existing 8-inch sewer in O'Mara Street that was constructed by the Ci�'s Sewer
Reimbursement District 23. The applicant shall pay the reimbursement fee prior to issuance o the PFI.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 14 OF 19
Storm Drainage:
General Provisions: Section 18.810.100.A states requires developers to make adequate
provisions for storm water and flood water runoff.
Accommodation of 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 site.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the
City Engineer that the additional runoff resulting from the development will overload an existing
draina�e facility, the Director and Engineer shall withhold approval of the development until
provisions have been made for improvement of the potential condition or until provisions have
been made for storage of additional runoff caused by the development in accordance with the
Design and Construction Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or amendments).
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 sformwater 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
detention. The applicant is required to pay the water quantity SDC upon application for the building
permits.
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.
O'Mara Street is a designated bicycle facility. The applicant has agreed to enter into a restrictive
covenant for future street improvements, which include tF�e striping for a bicycle lane. This criterion is
met.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes and
meter cabinets which may be placed above ground, tem porary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or above, and:
. The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
. The City reserves the right to approve location of all surface mounted facilities;
• All underground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
. Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
NOTICE OF DECISION MLP2005-00002/`fEDINAK PARTITION PAGE 15 OF 19
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 underg round will serve the development and the
approval authority determines that the cost and technical difficulty of under-g rounding the
utilities outweighs the benefit of under-grounding in conjunction with the deveiopment. 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 O'Mara Street. 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 98 lineal feet; therefore the fee would be $3,430.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
Public Water S stem:
e i y o igar provides water service in this area. The applicant has shown the installation of a new
meter for Parcel 2.
Storm Water Quality:
The ity as agree to enforce Surface Water Management (SWM) regulations established by
Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and
Order No. 00-7) which require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm
water runoff generated from newly created impervious surfaces. In addition, a maintenance plan
shall be submitted indicating the frequency and method to be used in keeping the facility
maintained through the year.
The CWS standards include a provision that would exclude small projects such as residential land
partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of
the storm water runoff from the parcels. Rather, 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.
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, clearin�, 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.
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.
The developer will also be required to provide signage at the entrance of each flag lot driveway or
private street that lists the addresses that are served by the given driveway or street. This will assist
emergency services personnel to more easily find a particular home.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 16 OF 19
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 ( C 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
established by:
. GPS tie networked to the City's GPS survey.
. By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicanYs engineer
shall provide the City with an electronic file with points for each structure (manholes, catch basins, water
valves, hydrants and other water system features) in the development, and their respective X and Y
State Plane Coordinates, referenced to NAD 83 (91).
SECTION VI. OTHER STAFF COMMENTS
City of Tigard Public Works Department has reviewed the proposal and noted that the department will
insfall a new water service with meter purchase by owner; refocation of existing water meter will be
invoiced to the owner; and the water meter for the new service must be located in a landscaped area
only.
City of Tigard Forester has reviewed the proposal and states that the tree plan conducted by Terry
Flanagan contains all of the required components of a tree plan and is, therefore, acceptable.
City of Tigard Building Department has reviewed the proposal and recommends a geotech report if
the slope of the property in the proposed building site exceeds 20% grade.
RESPONSE: The grade over the entire site does not exceed 4.5%. Therefore, a geotech report is not
required.
SECTION VII. AGENCY COMMENTS
Clean Water Services has reviewed the proposal and stated that "based on review of 2002 aerial,
potentially sensitive areas do not appear to exist within 200 feet of the site."
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments:
FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access
roa s s a e wi in ee o a po ions o e e erior 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.
No turnaround is required due to the depth of the access roadway.
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 o 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.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 17 OF 19
The access roadway meets this Fire District standard.
SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather surFace
a is easi y is inguis a e rom e 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.
GRADE: Fire apparatus access roadway grades shall not exceed 10 percent. Intersections and
urnarounds shall be level (maximum 5%) with the exception of crowning for water run-off. When fire
sprinklers are installed, a maximum grade of 15% may be allowed. The approval of fire sprinklers as an
alternate shall be accomplished in accordance with the provisions of ORS 455.610(5).
GATES: Gates securing fire apparatus roads shall comply with all of the following:
��linimum unobstructed width shall be 16 feet, or two 10 foot sections with a center post or island.
• Gates serving one- or two-family dwellings shall be a minimum of 12 feet in width.
• Gates shall be set back at minimum of 30 feet from the intersecting roadway.
• Gates shall be of the swinging or sliding type
. Manual operation shall be capable by one person
• Electric gates shall be equipped with a means for operation by fire department personnel
• Locking devices shall be approved.
SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for single
ami y we ings an up exes serve y a municipa wa er 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 & ACCESSORY STRUCTURES: Where
a po ion o a structure is more an ee rom a y rant on a ire appara us access road, 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 hydrants
avai a e o a ui ing s a no e ess an a is e 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 the fire code official.
FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more than
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
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.
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 18 OF 19
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice: Notice was mailed to:
X The applicant and owners
�— �wner of record within the required distance
� Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON MAY 19, 2005 AND BECOMES
EFFECTIVE ON JUNE 4, 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 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 JUNE 3, 2005.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503) 639-4171.
�
�
���-L � �' � �� Mav 19, 2005
PREPARED BY: Ga ge stecher DATE
Associate Planner
�,i � --- �/
;
May 19, 2005
APPROVED BY: c ard Bewersdo DATE
Planning Manager
i:�curpin�garyVninor land partitionlmlp2005-00002(yedinak)1mIp2005-00002 decision.doc
NOTICE OF DECISION MLP2005-00002/YEDINAK PARTITION PAGE 19 OF 19
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T� O� T'GAR MLP2005-00002
�
S�TE PLAN
(Map is not to sca�e) N YEDINAK PARTITION
EXHIBIT.�
Martin and Christine Yedinak MLP2005-00002
PO Box 230194 YEDINAK PARTITION
Tigard, OR 97281
AFFIDAVIT OF MAILIHG CITYOFTIC3ARD
Community�evelopment
,SFraping�Better�ommunity
I, �Patricia G. Guns{ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorArfministrative SpeciaC�st for
the �'ity of?'igard,�`Washington County, oregon and that I served the following:
{Check Appropnate Box(s)8e1ow}
❑x NOTICE OF DECISION FOR: MLP2005-00002/VAR2005-0005I — YEDINAK PARTITION
❑ AMENDED NOTICE (File No.JName Reference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked FJlhibit"A", and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Exhlblt"B",and by reference made a part
hereof,-on May 19,2005, and deposited in the United States Mail on May 19,2005, postage prepaid.
- �
(Person Prep otice
�, .
.57,A�E O�'Ol��ON )
County of`WasTmgton )ss.
City of�Iigard )
Subscribed and sworn/affirmed before me on the _S�day of Gt.��[ , 2005.
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• � OF.-ICIAL SEA�
• ' su��o�� ' My Com � n�ires: �� � I- t� `7
6 ' Nc.�'*�,. - o;�gLIC-OREGON
� MY COMM;C�ION IIXP RES p 375152
EC.1,�!'^_
. . EXHIBIT...�
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2005-00002 �
CITY OF TIGARD
YEDINAK PARTITION Community<1�eveCopment
S�ia ing�BetterCommunity
120 DAYS =7/26/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: YEDINAK PARTITION
CASE NOS: Minor Land Partition (MLP) MLP2005-00002
Development Adjustment VAR2005-00051
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
.54-acre lot into finro (2) parcels for detached single-family residences. An existing
single-family dwelling exists on the subject parcel and is proposed to remain on
Parcel #1. To accommodate access to the proposed Parcel #2 a side yard setback
adjustment, reducing the required 5 feet to 4.4 feet is also requested to ensure
Parcel #1 remains in compliance with all setback requirements.
APPLICANT: Martin and Christine Yedinak OWNER: Same
PO Box 230194
Tigard, OR 97281
ZONING
DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory
residential units at a minimum lot size of 7,500 square feet. Duplexes and
attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally.
LOCATION: 9090 SW O'Mara Street; WCTM 2S102DC, Tax Lot 511.
PROPOSED PARCEL 1: 9,601 Square Feet.
PROPOSED PARCEL 2: 11,329 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and
Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree
Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility
Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in the full decision, available at City Hall.
THIS 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:
oR 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 19, 2005 AND BECOMES
EFFECTIVE ON JUNE 4, 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 appeltate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON JUNE 3, 2005.
Questions:
oF��r information please contact the Planning Division Staff Planner, Ga Pa enstecher at
(503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 9 .
........,.,.......,........
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2S102DC-00503 2S102D6-07300 EXH I B IT.�
ABBOTT TERRY A 8 LAURIE J COLEMAN ROXANE L
8995 SW EDGEWOOD ST 9215 SW HILL ST
TIGARD,OR 97223 TIGARD,OR 97223
2S 102 DB-02500 2S102D8-Of 400
BOOMS PAUL W&SHARON L COOLEY ERIC J&RUTH A
13552 SW CHELSEA LP 91D7 SW HILL ST
PORTLAND,OR 97223 TIGARD,OR 97223
2 S 102 DC-�0400 2 S 102DC-00301
BOTHWELL ANNE M CRANDALL PRISCILLA J
9265 SW EDGEWOOD ST 9270 SW OMARA ST
TIGARD,OR 97223 TIGARD,OR 97223
2S102DB-02400 2S102DC-00900
BRUMBAUGH KAREN J CROSSWHITE DAVID E 8 JANICE A
285 N LOTUS BEACH DR 8855 SW EDGEWOOD ST
PORTLAND,OR 97217 TIGARD,OR 97223
2S102D6-07100 2S1 D2DC-00600
BSOUL MAHMOUD S& DEMMIN DWAYNE W 8 ANGELA L
BETTE J 8930 SW OMARA ST
9181 SW HILL ST TIGARD,OR 97223
TIGARD,OR 97223
2S102DC-00402 2S102D6-04500
BUNGER ROBERT MANFRED 8 DESMIT MICHAEL W&AMBER L
BONNIE JEAN TRUSTEES 13219 SW CHELSEA LP
9215 SW EDGEWOOD ST TIGARD,OR 97223
TIGARD,OR 97223
2S1020B-D6100 2S102DB-06600
BURBANK C ROGER JR 8 MARY F DIRKSEN CRAIG E 8 _
9051 SW HILL ST JACQUELINE
TIGARD,OR 97223 - �3i S�PHILTS
TIGARD,OR 97223
• 2S102D6-02800 2S102DC-01200
BYRNE JAMES G 8 DIANNE V DUFFIELD EDWARD D SUSAN
13454 SW CHELSEA LOOP 8895 SW EDGEWOOD
TIGARD,OR 97223 TIGARD,OR 97223
2S102D8-08100 2S102DC-00512
CAMPBELL THOMAS F/CARRIE M EARDLEY DIANNE 8
9176 SW HILL ST MCLOUGHLIN STUART
TIGARD,OR 97223 PO BOX 91278
PORTLAND,OR 97291
2S102DC-01603 2S102D8-0590D
CLARK PAUL E BETTY J ENGEL SCOTT E 8�JENNIE LEE
9160 SW EDGEWOOD 13188 CHELSEA LP
TIGARD,OR 97223 TIGARD,OR 97223
2S102D8-06500 2S102DC-01100
ETTESTAD KEITH A/WILLENE A GOETZ HOWARD V AND NANCY K
9125 SW HILL STREET 8935 SW EDGEWOOD ST
TIGARD, OR 97223 TIGARD,OR 97223
2 S 102DB-08200 2S102D6-04800
FISHBP.CK RONALD M& GOOD HERBERT A&XIN C
HONEYMAN JANE CATHARINE 13279 SW CHELSEA LP
9148 SW HILL ST TIGARD,OR 97223
TIGARD, OR 97223
2S102DC-00405 2S102D8-08400
FISHER ANTHONY C GOODMAN KRISTEN ANN
1300 GLENMORRIE DR 9114 SW HILL ST
LAKE OSWEGO,OR 97034 TIGARD,OR 97223
102DC-00302 2S102D6-03000
FI ER A ONY C HARBISON PATRICK N&ERICA L
1300 NMORRIE DR 13404 SW CHELSEA LP
E OS GO,OR 97034 TIGARD,OR 97223
2S102D8-03800 2S102DC-01305
FORBES MARTIN T& HARRIS RICK G&
CAROLYN M KREIN CAROL D
13473 SW CHELSEA LP 8930 SW EDGEWOOD ST
TIGARD,OR 97223 TIGARD,OR 97223
2S102D6-03600 2S102DG00700
FORDICE SCOTT M& HAWKINS JEFFERY S
MEGAN L 8900 SW OMARA
13411 SW CHELSEA LP TIGARD,OR 97223
TIGARD,OR 97223
2S102DC-00502 2S102D6-04900
FULLER ROBERT E AND HEDLUND TED 8&
DONNA M ZIMMER JOANNE M
9130 SW OMARA ST 13331 SW CHELSEA LP
TIGARD,OR 97223 TIGARD,OR 97224
2S102DC-01800 2S102D6-02900
GEDNEY FRAYNIE M TRUSTEE HOCKMAN LISA K&BRIAN K
9400 SW PANORAMA PL 13416 SW CHELSEA LP
PORTLAND,OR 97225 TIGARD,OR 97223
2S102DB-06200 2S102DC-00508
GEORGE LAWRENCE B HODAPP ELDON J&JUDITH L
9079 SW HILL ST 9210 SW OMARA ST
TIGARD,OR 97223 TIGARD,OR 97223
2S102DC-01601 2S102D8-06700
GILCHRIST EARL J NONA HORNBACK PATRICIA F&
9100 SW EDGEWOOD ST DONALD W
TIGARD,OR 97223 9143 SW HILL ST
TIGARD,OR 97223
2S102D6-02600 2S102DB-05800
HOUGHTON FAMILY LLC LAYTON RICHARD G
BY HOUGHTON RAYMOND C II 8 13200 SW CHELSEA LP
CAROLYN B TIGARD,OR 97223
322 8TH ST
LAKE OSWEGO,OR 97034
2S102DC-01400 2S102DB-05600
HURLBUTT WILLIAM M 8�CHRISTINE LEE BONG JIN 8 DONG SHIM
8990 SW EDGEWOOD ST 13226 SW CHELSEA LP
TIGARD,OR 97223 TIGARD,OR 97223
2S 7 02 DB-03500 2S 102 DB-03100
ISOM DAVID BRYAN AND MERRICK DONALD L&CAROL J
BARBARA JO 13376 SW CHELSEA LP
13391 SW CHELSEA LOOP TIGARD,OR 97223
TIGARD,OR 97223
2S102D6-04600 2S702DC-01402
JOOBBANI DARYOUSH MILLER DANIEL W 8�KRISTIN D
11812 SW ASPEN RIDGE DR 8940 SW EDGEWOOD ST
TIGARD,OR 97224 TIGARD,OR 97223
2S102D6-03400 2S102DC-00300
KACIR KENT C 8 MILLER SHANE A 8 MICHELE L
KACIR KATHRYN M 9220 SW 0'MARA ST
15027 ALSTONE DR TIGARD,OR 97223
FRISCO,TX 75035
2S102DB-05500 2S102D6-08500
KEYS EDWARD MCCLELLAND& MIZE LOA M&JON M
KEYS ELIZABETH ALICE 9092 SW HILL ST
13244 SW CHELSEA LOOP TIGARD,OR 97223
TIGARD,OR 97223
2S102DC-00403 2S102D&D5200
KING SCOTT G 8 ELIZABETH A MONROE REVOCABLE LIVING TRUST
9235 SW EDGEWOOD ST BY JAMES FORDON MONROE 8
TIGARD,OR 97223 CAROLYN DALE MONROE TRUSTEES
13298 SW CHELSEA LP
TIGARD,OR 97223
2 S 102DC-00510 2 S t 02 DC-00506
LARSEN PAUL ANDREW AND MUELLER ROLF K&NANCY J
LORI MEG 9190 SW OMARA ST
9115 5W EDGEWOOD TIGARD,OR 97223
TIGARD,OR 97224
2S102DC-00507 2S102D6-06900
LARVIK KENNETH E 8 NELSON DOUGLAS S/JEANNE M
NYOKA W TRUSTEES 9169 SW HILL ST
9155 SW EDGEWOOD ST TIGARD,OR 97223
TIGARD,OR 97223
2S102D6-07000 2S102DB-05300
LAURIE PAUL NORTON NANCY L
1001 N PASADENA#154 13284 SW CHELSEA LP
MESA,AZ 85201 TIGARD,OR 97223
2s�oz�c-oosos 2si o2os-osaoo
OTT GARETH S ANNE ROBBINS MATTHEW L
9055 SW EDGEWOOD 13262 SW CHELSEA LOOP
TIGARD,OR 97223 TIGARD,OR 97223
2s i o2oB-oosos zsi ozoc-oi o00
OTTING LOIS E RUSSELL NORMAN L
8885 SW O'MARA ST 8857 SW EDGEWOOD ST
TIGARD,OR 97223 TIGARD,OR 97223
2S102DC-01501 2S102DG00505
PALMER MARCIA R SABBE REMI 8�APRIL
9070 SW EDGEWOOD ST 9175 SW EDGEWOOD ST
TIGARD,OR 97223 TIGARD,OR 97223
2S102DB-04000 2S102D6-05700
PALMER MICHAEL P&AMY L SANDINE FRED R&RUTH L
13543 SW CHELSEA LP TRUSTEES
TIGARD,OR 97223 13212 SW CHELSEA LOOP
- TIGARD,OR 97223
2S102DB-04360 2S102DC-DO500
PALMER THOMAS C AND SCHMIDT JOHN G&
KIMBERLY J DEBORAH S
13193 SW CHELSEA LOOP 9000 SW OMARA ST
TIGARD,OR 97223 TIGARO,OR 97223
2S 102 D B-06800 2S102D B-04400
PANNING FRED BENJAMIN& SENESTRARO DEBRA C
JOANNE RAE 13205 SW CHELSEA LP
9155 SW HILL ST TIGARD,OR 97223
TIGARD,OR 97223
2S 10206-04700 2S 102 DB-O6000
PHAY DARON J AND NANCY J SMITH LANE C&DANA A
13255 SW CHELSEA LOOP 1293 DAPPLE GRAY LN
TIGARD,OR 97223 LAKE OSWEGO,OR 97034
25102D6-03700 2S102D&08300
POLIVKA JON J& STANCIL DANNY R&
CAMPBELL HOLLY STANCIL HELEN
13435 SW CHELSEA LP 10 ANCHORAGE PL
TIGARD,OR 97223 50UTH PORTLAND,ME 4106
25102D6-04200 2S1D2D6-06300
PRUETT DANIEL S STEWART-SMITH DAVID A AND
13181 SW CHELSEA LP CAROL A
TIGARD,OR 97223 9095 SW HILL STREET
TIGARD,OR 97223
2 S 102D6-03900 2 S 102 DC-00501
RIES DON K& SULLIVAN RICHARD A&SUZANNE P
RIES KAREN M 9085 5W EDGEWOOD
13509 SW CHELSEA LP TIGARD,OR 97224
TIGARD,OR 97223
2S102DC-01700 2S102D6-00602
TENY GEORGE&JENNA ZINDA TODD M&
9200 SW EDGEWOOD ST KANDZIORA GABRIELA
TIGARD,OR 97223 PO BOX 1578
TUALATIN,OR 97062
2S102DB-02700
TIMM CARREN A
13488 SW CHELSEA LP
TIGARD,OR 97223
2S102DB-00604
TOMBLESON DANICE LLOYDE
8825 SW O'MARA ST
TIGARD,OR 97223
2S102DC-01401
UNDERHILL MARK R&
ROGERS SUSAN LEE
8960 SW EDGEWOOD
TIGARD,OR 97223
2S 102D6-O8000
VANGINHOVEN NANCY K
9194 5W HILL ST
TIGARD,OR 97224
2S102DC-00404
WACHSMUTH LOUIS J&
CAROLE M TRUSTEES
9285 SW EDGEWOOD
TIGARD,OR 97223
2S102DB-07200
WALKIEWICZ MICHAEL R
9199 SW HILL STREET
TIGARD,OR 97223
2S 102DC-00504
WILSON JOHN G 8 JODY K 8
GOTTER SAMUEL A JR
12995 SW PACIFIC HWY
TIGARD,OR 97223
2S102DC-00511
YEDINAK MARTIN J&CHRISTINE G
9090 SW OMARA
TIGARD,OR 97223
2S102DB-04100
YUZON JASON B 8 KELSEY M
13571 SW CHELSEA LP
TIGARD,OR 97223
Josh Thomas
10395 SW Bonanza
Tigard, OR 97224
Kristen Miller
8940 SW Edgewood Street
Tigard, OR 97223 -
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Tim Esau
PO Box 230695 ,
Tigard, OR 97281
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224 .
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Joseph Dyar
10285 SW Highland Drive
Tigard, OR 97224�668
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, �R 97223
CITY OF TIGARD - SOUTH INTERESTED PARTIES (pg. I of I) (i:lcurpinlsetup\IabeIslCIT South.doc) UPDATED: 21-Sep-04
• Co�oy / �
4 � ' � PRE,APP.HELD BY:
CITY OF TIGARD PLANNING DIVISION
13125 SW HALL BOULEVARD TIGARD, OR 97223-8189 a- .;;,,r��,.
' . � 503.639.4171/503.684.7297 ;`� �2
CITY OF TIGARD �n�'�'
OREGON LAND USE PERMIT APPLICATION `��'���>:�
File# !�'iLt���Gr � c ��t�!. Other Case#
Date .�''��' � � By ��'''t�' Receipt# `=� City 0 Urb ❑ Date Complete Q
TYPE OF PERMIT YOU ARE APPLYING FOR
❑ AdjustmenUVariance (I or II) �.Minor Land Partition (II) ❑Zone Change (III)
❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑Zone Change Annexation (IV)
❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) ❑ Zone Ordinance Amendment (IV)
❑ Historic Overlay (II or III) ❑ Site Development Review (II)
❑ Home Occupation (II) ❑ Subdivision (II or III)
ress i avai a e
� �S� O M�3 R� .�R�� i l c:,��►�
�� ��zc�c �as ��
M��R-n�( � �Nr��.� i i��v� �p�N�FK
� c� 6�� �3�� � � i 1 ��2b c�P Gj� �� �/
5-n�� (� �'4- 3533
p�/1�-r{���v '�p�N;�k 5�3� � 6�� 02 � �'/ �'x�.�r 3�,C I �
ac is i more an one
(��7'�+�1 ri �t��S i INi� ��D�rVf}K
� C� ���c o�3at�j k� �Gr��r� a�, r-�-'�-���
S�d 3) � � � 3��3
'When the owner and the applicant are different people, 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 provided on the back of this form or submit a written authorization with this application.
ease e speci ic '
_� 3 s - v� � - v �i �nyc T t _ _— �T �.s
� S r C�;c:.c �v � .-e�tV- ..r�e �l �� � � i; 43 r n. �
�- �i, I.o r 1 t �J S i7 i- .� �- �S' 7,1 1 r• �� n c e -E�-,
�n _a _ c• ' ',���� s• !.1 :o .�,� !a ;F ' " 'v" �
�� r •C- i d �o �� 1�•: �� ��� �T If 57KJC n
� o� Y ,� — - - >. .'Yt� - � . . � r
'L^ `r 'r L �,
APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET.
�9
� �r `
,;
� '� r
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.
�
Owner's Sign�tua Da e
�
� � �^ �.�'
Owner's� ' re Da
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Applicant/Agent/Representative's Signature Date
ApplicantlAgent/Representative's Signature Date
�
�
� � CITY OF TIGARD
LAND USE APPLICATIONS
BASIC SUBMITTAL REQUIREMENTS
This checklist identifies the basic submittal requirements for a land use application.
BA IC INFORMATION:
Completed Master"Land Use Permit"Application with prope�ty owner's signature or name of agent and letter of
authorization
� Title transfer instrument or grant deed
CC�' Written summary of proposal
�' Narrative demonstrating compliance with all applicable development standards and approval criteria (as
, specified in the Pre-Application Conference notes)
C� Two (2) sets of stamped, addressed #10 envelopes for all owners of property within 500 feet of the subject
property. Mailing envelopes shall be standard legal-size (#10), addressed with 1" x 4" labels (see envelope
submittal requirements). Property owner mailing lists must be prepared by the City for a minimal fee (see
request for 500' property owner mailing list form).
❑ Documentary evidence of Neighborhood Meeting for the following: Site Development Review, Subdivision,
Conditional Use, Sensitive Lands Review, Zone Change, Comprehensive Plan Amendments.
❑ Neighborhood Meeting Affidavits of Posting &Mailing Notice, Minutes, Sign-in Sheets
❑/ Service Provider Letter
C�3" Impact Study per Section 18.390.040.B.2.(e)
C9� Copy of the Pre-Application Conference notes
[� Filing Fee(see fee schedule)
PLANS REQUIRED:
In addition to the above basic information, each type of land use application will require one or more of the following maps
or plans. PLEASE SUBMIT EACH OF THE PLANS CHECKED BELOW WITH YOUR APPLICATION�(See separate
attachment for details on what information to include on each plan):
C�- Vicinity Map ❑ Preliminary Grading/Erosion Control Plan
❑ Existing Conditions Map ❑ Preliminary Utilities Plan
❑ Subdivision Preliminary Plat Map ❑ Preliminary Storm Drainage Plan
Ca/' Preliminary Partition/Lot Line Adjustment Plan C3- Tree Preservation/Mitigation Plan
❑ Site Development Plan C� Architectural Drawings (elevations &floor plans)
❑ Landscape Plan � Sign Drawings
❑ Public tmprovements/Streets Plan
NUMBER OF COPIES REQUIRED:
The City requires multiple copies of submittal materials. The number of copies required depends on the type of review
process. FOR PURPOSES OF REVIEWING YOUR APPLICATION FOR COMPLETENESS, ONLY 3 COPIES ARE
NEEDED. THE BALANCE OF THE COPIES WILL BE REQUESTED FROM YOU, ONCE DEEMED COMPLETE, TO
MAKE YOUR APPLICATION SUBMITTAL COMPLETE.
h:\patty\masters\application submittal requirements.doc
UPDATED: 26-Jun-02
, _ r �
�.J�� � ��
ADJUSTMENT � � 2005
�,�'" � � TYPE I APPLICATlON ,a;,-�,��T,�
CITY OF TIGARD 13125 SW Ha!!Blvd., Trgard, OR 97223 (503) 639-4979 FAX: (�03��'1�#y�','19+Fs!�+n1�t��t!�}t'.
GENERAL INFORMATION
Property Address/Location(s): qD�D-rh� fl,c„ ��� J'7l•
��rr� �f/f� 97�?,2� FOR STAFF USE ONLY
Tax Pd�p &Ta Lot#(s): �fy.�,�r-io„�/>G
T�: v or/,�
Site Size: O. S�i' Ac�,o Case No.: `d jar�apo5-�o��5 �
Applicant*: ���-�, c� iha� Other Case No.(s): fvlLPo?(�S - �` a��
Address: S/'o�0.l"W �'.+, d��.f�! Receipt No.: �OOS -�ar7 Q�
City/State� r'fd �/
��rO,F' Zip:_ 99.,t2�
Primary Contac� d,�/ yP��fi�� Application Accepted By: C� �'cu-���
Phone: S O�-.�'P5,-�S--�� Fax: J��•,�y��s-3� Date: 5 -Ilo -v S
Proper�y Owner/Deed Holder(s)": (Attach list if more than one) Date Determined To Be Com lete:
�`��i���,�t C�ieil�iw� �r inq� P
Address: Phone: f"�.,��i�.�r��
City/State: _ ����.T�� Zip: 9�,12�
Comp Plan/Zone Designation:
'` When the owner and the applicant are different people, the � � _ � ,
applicant must be the purchaser of record or a lessee in possession
� � � L i,�J l7 e n F?F-r
with written authorization from the owner or an agent of the owner.
The owner(s) must sign this application in the space provided on the Rev.B/26/04 i:\curpin\masters\revised\adjustrnent-t.doc
back of this form or submit a written authorization with this
application.
PROPOSAL SUMMARY
The owners of record of the subject property request permission for an REQUIRED SUBMITTAL ELEMENTS
Administrative Adjustment to the following provision(s) of the
Community Development Code (please circle one only):
DDevelopmentAdjustment—FrontYard,InteriorSetbacksandLotCoverage � Application Elements Submitted:
➢Special Adiustments: � Application Form
♦ Adjuslments to a Subdivision
♦ Reduction of Minimum Residential Density ❑ Owner's Signature/Written Authorization
♦ Landscaping Adjustments—Existing/New Street Trees ❑
♦ Parking Adjustments—Reduction in Stacking Lane Length Title Transfer Instrument or Deed
♦ Parking Adjustments—Reduction in Minimum Parking for Transit ImprovementslExisting � Site/Plot Plan (2 copies)
Dev.
♦ Setback Adjustments—Setbacks to Reduce Tree Removal ❑ Site/Plot Plan (reduced 8%'x 11 �
♦ Wireless Communication Facility Adjustments—Distance From Another Tower
• Washington Square Reg.Center Density Adjustments ❑ Applicant's Statement
(Addressing Criteria Under Section 18.370.020)
Please state the reas�for the Adjustment request: � Filing Fee
�, � ,�+ Jurisdiction: ❑ City ❑ Urb
b �
� .
APPLICANTS:
To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
described on the front of this application in the"Required Submittal Elements" box.
(Detailed Submittal Requirement Information sheets can be obtained, upon request,for all types of Land Use Applications.)
THE APPLICANT(S) SHALL CERTIFY THAT:
♦ The above request does not violate anv deed restrictions that mav be attached to or impased upon the
subject propertV.
♦ If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to
all the conditions and limitations of the approval.
♦ All of 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, may 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.
SIGNATURES of each owner of the subject property.
DATED this ' day of /�llL ,20�
• `
ApplicantlAuthor' e gent Signature Owner's Signature
Owner's Signature Owner's Signature
' �
CIiY OF TIGAR�
�'omnruraity��e�veCopnte�it
S�a�irrg�7�cttcr(���nrnrurrity
LAND USE PROPOSAL DESCRIPTION
120 DAYS = 7/26/2005
FILE NO.: MINOR LAND PARTITION (MLP} 2005-00002
FILE TITLE: YEDINAK PARTITION
APPLICANT: Martin and Christine Yedinak OWNER: Same
PO Box 230194
Tigard, OR 97281-0194
REQUEST: The applicant is requesting approval for a Minor Land Partition to partition a .54 acre
parcel into two (2) lots. There is an existing dwelling on the site that will remain on
designated lot one. The second lot will be created as a flag lot.
LOCATION: 9090 SW O'Mara Street; WCTM 2S102DC, Tax Lot 511.
COMP. PLAN
DESIGNATION: Low-Density Residential District.
ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square feet. Duplexes and attached single-family
units are permitted conditionally. Some civic and institutional uses are also permitted
conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715,
18.745, 18.765, 18.790, 18.795 and 18.810.
DECISION MAKING BODY BELOW: ❑ TYPE I � TYPE II ❑ TYPE III � TYPE IV
DATE COMMENTS WERE SENT: APRIL 5, 2005 DATE COMMENTS ARE DUE: APRIL 19, 2005
❑HEARINGS OFFICER [MONJ DATE OF HEARING: TIME: 1:00 PM
❑PLANNING COMMISSION [MONJ DATE OF HEARING: TIME: 7:00 PM
❑CITY COUNCIL RUESJ DATE OF HEARING: TIME: 1:30PM
� STAFF DECISION RENTATIVE� DATE OF DECISION: JUNE 1, 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: Gary Paqenstecher, Associate Planner (503) 639-4171, Ext. 2434
�
LAND USE APPLICA110N Dateect: ';:� z��s ��o��
COMPLETEHESS REVIEIN ❑ COMPLfTE �INCOMPLETE
STANDQRD INFORMATION:
� Deed/iidelProof Q(Ownership ��,%�Q� Neighborhood Htg.A(fidavits, Minutes, list Of Attendees � Impact Study(18.390)
[� USA Serrice Provider letter lU� (onst�udian Cost Estimate � ' �5 # Sets Of Application MaterialslPlans
C...
[� Pre-Application Conterence Hotes ❑ Envefopes With Postage (Yeri(y fount) � ;,t/��� E-I�+vLf�S��1.1 c��F
�ROJECT STATISTICS:
Q Building Footprint Size .I;;�- � %0(landscapiag On Site �.�-� %Of Building Impervious Su�face Oa Site
� lat Squa�e Foowge
PLANS OIMENSIONEU:
Q Building footprint ,� Par{cing Space Dimensions(Ind�d�Ac«z:�hl�b e�ke P���,�J�f�~Q Trudc loading Space Where Applica6le
� 6uilding Height �- Access Approach And Aisle � Yisual qearance T�iangle Shown
ADDITIONAI PLANS:
(� Yidnity�'lap � Architectural Plan [x� Tree(nventary
�' Existing(ondidons Plan � landscape Plan �1
� Site Plan r,;�'i�--E] Ligfiting Plan
?REE PLANIMITIGATION PLAN: j �J
� fjvrva.� c��U.S76��c��u,n�-�occ��t�.t,st7tr5�-���5 � �rJ�C.GFio�t �"�[;n
�e,r►�o..kl 'Ptu.� iv� M•��-c� Pn�qr�
ADDITIONAL REPORTS: {list any speaal reports)
��] Arbv-�s+ �
❑ O
O ❑
RESPONSE TO APPLICABLE CODE SECTIONS:
. ❑ 18.330��n� ❑ 18.624�r�a rti.�o��SaQe�� �J !8.165 pa-som��n��.al
❑ 18.340�r:�e:«a I 8.630�vr�.�sy��c�� ❑ !8.TT5�mT��
p �s.3 so��,Q i a.�os���� p i s.Tao�,
❑ 18.36Q(�o�o��dop�ac►�r� ❑ I8.110(�oo��k��urit�) ❑ 18.785(��,ry�t«�:t��
❑ 18.3IQ n,���� � 18.115�q c«�ti� � I8.]90���
❑ I 8_3 HO(fonin'M�pftect Mrndnkn�) ❑ 18.120��c�,oe�q so�e�� � 18.195{r��a��a���
❑ 18.385 p���� ❑ 18.125�,������a so� ❑ 18.797�rv���wy o�r o�
Q 18.390�n,��►ro«a��a s�a� ❑ I 8.730�x«��:ro o���sw�a�aT� ❑ 18.I98 ry�r���r�a��
❑ 18.4 I 0����a� ❑ I 8.140�x�o,�u� � I 8.810�so���u�cq ap��at so�a��
� 18.420�e r,�o�� ❑ 18.142�o���.��:�� -
18.430�.e�,� [?� 18.145��i s��so�aua�
� I S.S 10{�auo�t�o�o;�� ❑ 18.750�nbw x�k�a��
I 8.520��i«�o�a� ❑ I 8.1SS��e s�a w�aac s�+e�l
❑ 18.530�r�ooaxu) ❑ 18.760�t�s�w�
�DDITIONAL iTEMS:
1:lcurpinlmaslers�revisedVand use appliption camplete�ess review.dot REVISED: 1T�lan-01
�T :4�
, _i
PU8L1C FACILITY PLAN Project: Yedinak Partition
COMPLETENESS CHECKLlST Date: 3/1/05
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. NA
❑ Future Street Plan: Must show street profiles, topo NA
on ad�acent arcel s , etc.
❑ Traffic Im act and/orAccess Re ort NA
❑ Street rades com liant? NA
� Street/ROW widths dimensioned and a ro riate?
❑ Private Streets? Less than 6 lots and width NA
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? Show meter and service line sizes on PFI
❑ 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 NA
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 sub ' t is hereby deemed � COMPLETE ❑ INCOMPLETE
By: Date: 3/1/05
REVISED: 03/01/05
. � -
. �r,
CITY OF TIGARD
March 17, 2005
OREGON
Martin and Christine Yedinak
PO Box 230194
Tigard, OR 97281
RE: Application Completeness Review for Martin and Christine Yedinak,
Minor Land Partition, MLP2005-00002
Dear Mr. and Mrs. Yedinak:
The City of Tigard received your application for a minor land partition for the
property located on S.W. �mara Street on tax lot 2S102DC-00511. The proposal
is to partition the approximately 0.54-acre site into two parcels.
Staff has completed a preliminary review of the submittal materials and has
determined that the following additional information is necessary before the
application can be deemed complete:
1. Public Facilities Plan Completeness Checklist� Please address the item
identified on the enclosed Public Facilities Plan Completeness Checklist. Any
concerns or questions associated with these items should be addressed to
Kim McMillan at 503-718-2642.
2. Envelopes with postage. Please supply two sets of pre-addressed (no return
address), stamped (not metered), #10 size envelopes for notice of
development review and subsequent notice of decision. Addresses must
have been obtained within the previous three months from the date of
application completeness.
3. Number of Application Coqies. Please submit 15 full sets of your application
material (each set shall be an exact duplicate of all information pertaining to
the application, narrative, forms, letters, studies, plans, etc.)
Once this additional information is submitted, your application will be complete
and the formal comment and review process will begin, which typically takes 6 to
8 weeks. It should be noted that staff has not reviewed the application submittal
for compliance with the relevant code criteria, and that the need for additional
items may arise during the application review process.
13125 SW Hall Blvd„ Tigard, OR 97223 (503) 639-4171 TDD (503�684-2772
�
If you have any questions regarding this letter or your application, please don't
hesitate to contact me at 503-718-2434.
Sincerely,
� _�
�..._�``'"'� �` ' _
� �� � �
Gary Pagenstecher
Associate Planner
Enclosure
C: MLP2005-00002 Land Use File
2
-��
-,�.--�, 4,
CITY �F TIGARD
March 31, 2005 OREGON
Martin and Christine Yedinak
PO Box 230194
Tigard, OR 97281
RE: Application Completeness Review for Martin and Christine Yedinak,
Minor Land Partition, MLP2005-00002
Dear Mr. and Mrs. Yedinak:
On March 28, 2005, the City of Tigard received your supplemental materials for
your application for a minor land partition for the property located on S.W. Omara
Street on tax lot 2S102DC-00511. Staff has completed a preliminary review of
the submittal materials and has determined that the application is now complete.
The formal comment and review process will now begin, which typically takes 6
to 8 weeks. It should be noted that staff has not reviewed the application
submittal for compliance with the relevant code criteria, and that the need for
additional items may arise during the application review process.
If you have any questions regarding this letter or your application, please don't
hesitate to contact me at 503-718-2434.
Sincerely,
�
,,
. . �
;: r. I,. ..._..... ,,
�.. .._.
.... '"' �� � �'`�C-✓",�. ��
Gary Pagenstecher
Associate Planner
C: MLP2005-00002 Land Use File
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772
o °� � ' �`.1 90-09495
� � �7��t� 1� es,,,
Washln�ton CouMy
� WARRANTY DEED—STATUTORY FORM
� O� Individual/Corporate
Escrow Nu;nber: 4310112
Frank C, Anzalone and Charlotte �i. A lone
Grantor, conveys and warrants to G,
'�artin J. Yedinak and Chi°istine /A. dii�� husband and wiTe
Grantee, the following described real property free of encumbrances except as
specifically set forth herein situated in Clackamas County, Oregon:
� See �ttached Legal De�cription E�hibit "A".
�� � �
� \
� �
. ` ,.'��'�� WASHINGTON COUNTY
�x � a'��-�-.- '�e�, R£�QL PiROPERTY TRA/YSf£R TAX
� I:R. �.T��?1�' s /
� R 9 FEE PAID �ATE
���;�
The above described property is free from encumbrances except covenants, conditions,
restrictions, rights ot toav, ease;:;ents and ieservations now of record.
The true and actual consideration for this conveyance is$ 'i 2 ,000 .00
Dated this �'3�cl day of Februa� v, 1990 ; if this deed is given by a corporate grantor, its name is
signed by its authorized officers by authority of the Board of Directors.
Ci��^�-�C. �' —
Frank C. Anzalon -------
��
�
�:harlotte M. �nzalone
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY
DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE
LAND USE LAWS AND REGULATIONS.BEFORE 51GNING OR ACCEPT-
ING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CIN OR COUNTY
PLANNING DEPARTMENTTOVERIFYAPPROVED USES.
STATE OF OREGON,County of �; '_,y��;� , �� STATE OF OREGON,County of
Personally appeared the above namedF 1'�i nk �. Personally appeared
. nzalone and �:harlotte �i. Anzalone
; who,being duly sworn,
� each for himself and not one for the other, did say that the former is the
- � _ - president and that the latter is the secretary of
� , i , �
•._;�I� ' and acknowledged the foregoing
a corporation, and that the said instrument was signed in behalf of said corporation
instrument to�he;(� �`,� vblLl�tary act and deed. by authority of its board of directors;and each of them acknowledged said instrument
� - to be its voluntary act and deed.
Before me: �°i�' 2"3' 19 90 Before me:
r
otary Publi r Ore Notary Public for Oregon
My co ssion expires: J U n� h, j'�y� My commission expires:
erroc«dmyrotoreto: STATE ilF OREGC'�V,
3�ir. ana *17s. Mart.in rediiiah :;=-����*�c` _.. r---- -- _ _
9090 S.W. 0_�ara I certif�� thG. 4he a. ; r�stru-
Tigard. Oregon 9i223 mE:nt �^:as �e��� r�d ti•�► i �^or�. . n the
_u�'yO` ---- .�--_ ;+ _
at-----.._ .o'c!ack___ t� `
SPACE RESERVED L�OOk/� `.�I/\%J%:JtT�: `� '
FoR p�c5�--------_ _oras��-_ �
Untll a chenqe Is rspuestsd all ta:statements shall be sent lo the followlny address. RECORDER'S USE
mic; -f,;m/�eceF�:;,_n; � ,
;,,,...,r .,f,-r�eeds o��
M�. 1nd Mrs. Martin Yedinak f �,,
9090 S.W. Omara `+ s n�; Iti. :
Ti�a�°d. �re�on 9;?�3 :;ur�'y�:i;.<L
---- ,�r _ .
'Y- --. . _ __ _Deputy
� -L Y
Fortn No.OR-9H0-C (Computer)
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Ar
TRAN SAM E RI CA
TITLE INSURANCE
,�B
EXHIBIT "A"
Description:
That part of Lots 12 and 13 , EDGEWOOD, in the City of Tigard, County
of Washington and State of Oregon, described as follows :
Beginning at a point on the North line of Lot 13 , EDGEWOOD, a
subdivision of record in Section 2 , Township 2 South, Range 1 West
of the Willamette Meridian, in the City of Tigard, County of Washington
and State of Oregon, which bears South 89' 28 ' East 294 . 21 feet from
the Northwest corner of said lot; thence South 0' �13 ' 5�" West parallel
with the West line of said lot, 260 . 35 feet to an iron rod on the South
line of the North one-half of said lot; thence South 89 ' 04 ' 13 " East
along said South line, and along the South line of the North one-half
of Lot 12 , of said subdivision, 98 . 08 feet to an iron rod; thence North
0' 43 ' S8" East 261 . 03 feet to the North line of said Lot" 12 , from which
an iron rod bears South 0' 43 ' S8" West 20 . 0 feet; thence North 89 ' 28 '
West 98 . 07 feet to the place of beginning.
Subject to the North 20 . 0 feet in the County Road.
STATE OF OREGON �
SS
County of Washiagton
I,Donald W.Mason,Director ot Assessment
and Taxation and, ' ' .Recorder of Con-
ve ances for ' �cou �J ��1p, y certify that
the within �r�`s r.ur�nt�ol�`4�ifjPtg �s received
and record�3 in>book of reco.rds vt s counry.
4 �'r
Donald W Maso�f��or of
� � Asses.sment and 7axa. n, Ex-
;� CJtticio County Clerk - �°
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Doc : 90009995
Rect: 2B116 130. 00
02/27/199U 1i: i7: 29AM
Dated February 16, 1990 Page 2 2624504
.,
..
�� , 7/1/04 TO 6/3' �5 REAL PROPERTY. TAX '�TEMENT
' WASHINGTON COUNTY UREGON " 155 N FIRST AVE., RM 130 ' HILLSBOrsU, OREGON 97124
�PROPERTY DESCRIPTION MAP: 2S12DC-00511 ACCOl1NT NO: R468648
SITUS: 9090 SW O'MARA ST CODE AREA: 023.74
EDGEWOOD, LOT PTS 12-13, ACRES .54 � 2004-2005 CURRENT TAX BY DISTRICT:
� COMMITNITY COLLEGE-PORTLAND 43.52
� ESD-NW REGIONAL 23.67
� � SCHOOL-TIGARD 767.79
� � � SD #23-TIGARD LOL 153.89
� � , \ EDUCATION TAXES: $988.87
J �
WASHINGTON COUNTY 345.96
YEDINAK, MARTIN ] 8t CHRISTINE G WASHINGTON COUNTY - LOL 60.37
9090 SW OMARA METRO-Z00 14.87
TIGARD, OR 97223 PORT oF PORTLAND 10.79
TV FIRE & RESCUE 234.71
VALl1ES: LAST YEAR THtS YEAR 1'V gIRS & RESCUE - LOL 3s.4�
MARKET VALUES: CITY-TIGARD 386.74
LANi! "1.S U�L%G 1.S(i�L b$ (,'F,TI$1ZAi, GUV Lrl2NM�N1' 1'A]i�.S: $1,0`J 1.y 1
STRUCTURE 90,200 94,040
TOTAL RMV VALUE 220,470 230,320 gOND-WASHINGTON COUNPY 35.81
TAXABLE VALUES: BOND-METRO 28.81
ASSESSED VALUE 149,410 153, 890 BOND-PCC 34.95
BOND-SD #23-TIGARD 157.29
BOND-TV FIRE & RESCiJE 7.80
PROPERTY TAXES: $2,452 .94 $2, 509.97 BOND-CITY OF TIGARD 28.41
BOND-TRI-MET 16.99
APPEAL DEADLINE December 31, 2004 BOND-TIGARD SCx00L-10/06 119.13
Value Questions Call 503-846-8826 BoNn Txx: $429.19
Tax Questions Call 503-846-SSOl 2004-05 TAX (Before Discount) $2,509.97
Other Questions Call 503-846-8741
PROPERTY TAX PAYMENT OPTIONS
(See back of Statement for payment instructions.)
Pay Due Discount Net Amount Due
In Full 11/15/04 75.30 $2,434.67
y/3 11/15/04 33.47 $1,639.85 DELINQUENT TAXES•
��3 11/15/04 NONE $836.66 NO DSLINQUENT TAXES DUE
PLEASE MAKE PAYMENT TO: Washington County Tax (See back for explanation of taxes marked with an asterisk 1'1.
Delinquent Tax Total is included in payment options to the left.)
TOTAL (After Discount): $2,434.67
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APPLICATION
MINOR LAND PARTITION
9090 S.W. OMARA STREET
FEBRUARY 2005
YEDINAK
FACT SHEET
Project Name: Yedinak Partition
Proposed Action: 2-Lot Minor Land Partition
Tax Map: 2S102DC
Tax Lot: 00511
Lot Size: 0.54 Acre
Property Address: 9090 SW Omara St.
Tigard, OR 97223
Location: South side of Omara Street just west of the western
intersection of Chelsea Loop and Omara Street
Zoning: 4-4.5
ApplicanUOwner: Martin & Christine Yedinak
9090 SW Omara St.
Tigard, OR 97223
Planning/Surveying Firm: ZTEC Engineers
3737 SE 8th Ave.
Contact:
Portland, OR 97202
Ph. 503-2335-8795
FAX: 503-233-7889
Pre-Application Meeting: 9/23/04
Date: February, 2005
1
1
ATTACHMENTS
1 . Proof of Ownership: Deed of Conveyance &
2004 Property Tax Statement
2. Site Diagram with Proposed Second House & Setbacks
3. Vicinity Map
4. Topographic Map
5. Pre-Application Conference Notes Part 1-Planning
6. Pre-Application Conference Notes Part 2-Engineering
7. Arborist's Report-Tree Preservation & Protection Plan (A & B)
8. Visual Clearance Diagram
9. Clean Water Services-Sensitive Area Pre-Screening Site
Assessment
10. Area Transportation Maps
11. Area Hazards Maps
12. Preliminary Partition Plat Drawing
13. Addendum to Setbacks
14. Preliminary Proposed House Plans
2
GENERAL INFORMATION:
The applicants are requesting approval of a 2-lot minor land partition. The subject site,
spec+iically identified as Tax Lot 00511 of Tax Map 25102DC, is approximately 0154
acres and is currently zoned R-4.5 (Residential, 7500 square foot minimum lot size) by the
City of Tigard. The site has scattered trees throughout with the largest relegated to the
perimeters of the property. Topographically, the site slopes gently downhill to the north
and northeast with the lowest point in the northeast corner.
VICINITY & SiTE INFORMATION:
Site Location
This site is located along the south side of Omara Street, immediately to the west of where
Chelsea Loop's west end contacts Omara. (Site and Vicinity Maps Attachments 2& 3)
Existina Use
The property currently oontains a single-family residence. The home will remain as
designated on lot 1.
To�ographx
The site slopes downhill to the northeast, with the low point in the northeast corner of 189
feet and a high point of 200 feet in the southwest comer. (Diagram -Attachment 4)
Vegetation
The site contains mature firs, cedars and deciduous trees generally around the penphery of
the property and near the existing house plus two filbert trees near the proposed new
boundary line between parcels 1 & 2 and several fruit and nut trees toward the south and
east sides of the property. Other vegetation onsite is typical of urban landscaping.
Surroundina Land Use
�mara Street lies adjacent to the north of the property. Adjacent and to the west lies a
single family residence on 0.54 acres. Adjacent and to the east lies a single family
residence on 0.54 acres. Adjacent and to the south lies a single family residence with a 2-
story garage on 0.54 acres.
Transportation
The closest bus routes are on Hall Blvd. and Omara, where bus route 76 can be utilized.
These bus stops are 0.2 miles from the property. Development in the area includes a
proposed traffic light for the library, which lies at the Omara Street-Hall Blvd. intersection.
The transportation system in the immediate vicinity is adequate for the added traffic of one
new home.
Along this portion of Omara Street, full-street improvements with curb, gutter, street lights
and street trees are in place on the north side of the street from Frewing Street to
Edgewood street. These improvements are not yet in place on the south side of the
street.
3
PROJECT DESCRIPTION
The applicants are requesting approval to perform a two-lot partition on a parcel of land
cor�taining approximately 0.54 acres (23,994 square feet). This partition will create Parcel
1 (in the front with the existing house) of approximately 9601 square feet and Parcel 2 (in
the back) of approximately 13,339 square feet (11, 329 sq. ft. without the flag access}.
Access to the back parcel will be via a paved driveway 10 feet wide on a deeded right of
way 15 feet wide by 95 feet long, running along the west boundary of the property. The
intersection of this drive with Omara Street will be free of visual obstructions throughout a 30
foot triangle from the property line along each side of the driveway, as shown in Attachment
8. The lone tree shown contacting this triangle lies in the adjacent property just west of the
subject property. This 12 inch diameter street tree is free of leaf-bearing branches from
ground level to a height of 6.5 feet.
The existing house is on a septic system. Upon creation of Sanitary Sewer
Reimbursement District No. 23 a sewer main with laterals was installed under Omara Street.
One lateral has been run to the property line of 9090 SW Omara St., where it awaits
connection to the existing house on the properry. Prior to construction of a second house
on the property, the existing house will be connected to the sewer lateral and the existing
septic system will be decommissioned in accordance with Washington County health
requirements. Also, a request will be submitted for construction of a second sewer lateral to
be connected to the new house at the appropriate phase of construction.
An existing water meter from a water line under Omara St. serves the existing house. A
new connection to the water line with a water meter for the proposed new house will be
requested prior to commencement of construction of that house.
Storm water from the site currently drains to the northeast to Omara Street(where there is
a surtace water drain at the junction of the existing driveway and Omara Street) and onto the
ad�acent property to the east. The applicants understand that they are responsible for
taking action to deal with the increased storm water runoff which will be produced by the
construction of a second home on this property. In accordance with the City's request a�t the
pre-application conference, the applicants are requesting a fee-in-lieu of constructing a storm
water quality/detention facility on the property.
4
APPLICABLE DEVELOPMENT CODE CRITERIA
The following discussion addresses the chapters of the City of Tigard Development Code
that were determined to be relevant to this Type I I application during a pre-application
me�eting held with the City of Tigard on September 23, 2004.
Chapter 18.390 Decision-Making Procedure
18.390.�40 Type II Procedure
A. Pre_application Conference:
A. A pre-application conference was held on 9-23-04. (Attachments 5 &6)
B. Application Requirements:
A Type II application with all requested information and a check for $2,825
are attached. Payment for two sets of pre-stamped and pre-addressed envelopes for all
the property owners of record as specified by the City of Tigard will be made on request.
A copy of the Deed of Conveyance plus the latest property tax notice (Attachment 1) are
provided as proof of ownership. An impact study and preliminary development plans
(Attachment 2) are also attached.
Chapter 18.420 Land Partitions
18.420.050 Approval Criteria
A. A�proval Criteria
1. This application complies with all known statutory and ordinance requirements and
regu(ations.
2. There are adequate public facilities to serve the proposal. Sanitary sewer services for
parcel 1 and 2 will be provided by the sewer main under Omara Street. One lateral has
been run to the property line of 9090 SW Omara St., where it awaits connection to the
existing house on the property. A second lateral will be installed to service Parcel 2.
There is existing water service to Parcel 1. Water service to Parcel 2 will be provided by
tapping into the existing main on S.W. Omara Street.
3. A storm water drainage plan is shown on the attached Preliminary Partition Ptat
{Attachment 12). This shows the that the proposed parcels will both drain to the existing
storm water drain on the northwest side of the property on S.W. Omara Street. The
applicants are choosing to pay a"fee-in-lieu of providing water quality treatment facility for
the additional 2,500 square feet of impervious area to be created in the new parcel. The
applicants understand that the$210 fee-in-lieu will be assessed when receiving building
permits.
4a. The parcels within this partition meet the lot width requirements of the R.45 zone.
b. The parcels created with this partition meet the minimum Iot area requirements of
7,500 sq. ft. Parcel one will be 9601 sq. ft and parcel 2 will be 11, 329 sq. ft. There
is a right of way of 883 sq. ft for access to Parcel 2.
5
c. The parcels created with this partition front S.W. Omara Street. Parcel two will have
a legally recorded street access frontage of 15 feet. Parcel 1 will have a street
frontage of 83 feet.
d. For the purposes of this application, the front yard setback for the existing house is
taken trom the property line along S.W. Qmara street and will be 35 feet. The rear
yard will be 36.5 feet, the side set backs will be 13.5 feet to the east property line
and 5 feet to the access driveway to the west. Parcel 2 designated front yard
setback will be 21 feet on the east facing side of the property. Rear side setback
wilf be 15 feet on the west facing side of the property. Side setbacks will be 10
feet on the south and 45 feet on the north side of the proposed structure.
e. A flag lot will be created by this partition.
a. No side yard will be fess than 10 feet.
b. Between the existina house and the structures on the adjacent properties
are distances of 43 feet to the east and 47 feet to the west. The nearest
structures to the proposed house will be 71 feet to the north and 126 feet to
the south. There are no structures to the east and west of the proposed
house on abutting properties.
f. There is an access way of 15 feet (10 feet paved) proposed to access the flag lot
{parcel 2). An existing fence provides screening to the west of the proposed
access way. A fence will be constructed to the east of the proposed access way to
provide screening to the existing property to the east.
g. There are no access ways that would have a detrimental effect on fire fighting
capabilities. No tumaround is required for fire vehicles.
h. There is no common drive. Access to Parcel 2 is indicated on Site Map and will be
a deeded right of way. Access to Parcel 1 is an existing driveway.
5. Parce( 1 and Parcel 2 will both obtain access from S.W. Omara Street. The
driveways will comply with City of Tigard standards.
6. This project is not located in or adjacent to a one hundred year flood plain.
7. There is no application for variance to the standards with this application except as
allowed under Chapter 18.730.020 Exceptions to Building Height Limitations.
18.420.060 Final Plat Submission Requirements
The requirements of this section will be met when the final plat is submitted to the City.
18.420.070 City Acceptance of Dedicated Land
This application is not proposing to dedicate any new land to the City or County.
However, 883sq feet on the north side of both properties has been dedicated as required
by the City of Tigard as a public right -of way for future street improvements.
6
18.420.080 Recording Partition Plats
The requirements of this section will be met when the final plat is submitted to the City. The
Prettiminary Partition Plat Drawing (attachment 12) accompanies this application.
Chapter 18.510 Residential Zoning Districts
18.510.020 List of Zoning Districts
D. R-4.5 Low-Density Residential District
This application is for the development of two parcels. Parcel 1 will be
approximately 9601 sq. ft and parcel 2 will be approximately 11, 329 sq. ft and will
meet the requirements of R4.5 zoning. Each parcel will accommodate one single
family residence.
18.510.030 Uses
All the uses proposed in this application are permitted.
18.510.040 Minimum and Maximum Densities
One single family residence is proposed for Parcel 2. There is an existing single family
residence on Parcel 1. This application meets the minimum density allowed for this property
under the current zoning rules.
18.510.050 Development Standards
A. Complianoe required.
This development complies with all applicable development standards and does not
propose any adjustments or variances except the qualification for increased building height
limitation under Chapter 18.730.020 addressed on page 8 of this document.
B. Development Standards
This development meets the standards as listed in Table 18.510.2 of the City of Tigard
Development Code.
Chapter 18.705 Access/EgresslCirculation
i8.705.030 General Provisions
B. Access la��uirement
Site plans are included in this application to indicate access, egress and circulation
requirements fulfilled for both parcels (Attachments 2, 3 & 10). Each lot will have
one access with a minimum width of 15 foot and a minimum pavement width of 10
feet.
7
D. Public street Access
Both parcels in this partition have public street access and egress directly from and
onto SW Omara Street (Attachments 2,3 & 12) .
E. Curb Cuts
SW Omara Street does not presently have curbs on the south side, where the
applicants' property is located. Therefore, no curb cuts are required for this project.
F. Required walkway location.
This apptication is not proposing any public street improvements. The applicant will
enter into a Restrictive Covenant for future improvement of SW Omara Street in
accordance with City of Tigard Standards.
G. Inadequate or Hazardous Access.
There is clear vision in all directions and direct access to Omara street from both
parcels. There is a minimum access of 15 feet width to both parcels providing
adequate access for emergency vehicles. The access or egress for both parcels is
not within 200 feet of an arterial street intersection. Driveway access for parcel one
is 60 feet from the intersection of Chelsea Loop with S.W. Omara street to the north
of the property (Attachments 8, 11 & 12).
H. Minima�access.
This partition proposes separate access for each parcel onto SW Omara Street.
Both accesses will have a minimum of 10 ft wide paved access and an access width
of 15 ft. Length of proposed driveway to flag lot (Parcel 2) is less than 100 ft. A
vehicle turnout will be provided on parcel 2 to avoid excessive vehicular backing.
Chapter 18.730 Exceptions to Development Standards
18.730.020 Exceptions to Building Height Limitations
C. Building height s and fla, IQ ots.
2. This development proposes to create a flag lot (Parcel 2) with a sole access
from a private drive. A single family dwelling of no more that 35 feet in height
is proposed to be constructed on this parcel.
a. The proposed dwelling complies with the applicable dimens+ona4
requirements of the zoning district.
b. A 10 foot side yard will be preserved. Setbacks will be 21 feet to the
east, 15 feet to the west, 10 feet to the south and 45 ft. to the north of the
proposed structure.
c. All abutting residential structures are located greater than 50 feet from the
nearest point of the proposed subject dwelling. The distance between the
existin� house and the structures on the adjacent properties are 43 feet to the
east and 47 feet to the west. The The nearest structures to the ro
house will be 71 feet to the north and 126 feet to the south. There are no
structures east or west of the proposed house on abutting properties.
8
d. If any windows 15 feet or more above grade will be facing dwelling
unit window or patios on any abutting lots, screening vegetation will be
planted to mitigate direct views.
Chapter 18.745 Landscaping and Screening
18.745.030 Applicability
The applicants have included a site plan (Attachment 2) and a tree preservation plan
(Attachment 7) with this submission.
18.745.030 General Provisions
A. Obligation to Maintain.
The applicants accept responsible to maintain all landscaping and screening in good
condition so as to present a healthy, neat and orderly appearance. They will
replace or repair them as necessary and keep the property free from refuse and
debris.
B. Pruning r�uired
The applicants accept responsibility for pruning, trimming of all plant growth on the
property so that it will not:
1. interfere with the maintenance or repair of any public utility;
2. restrict pedestrian or vehicular access; and
3. constitute a traffic hazard because of reduced visibility.
C. Installation Reauirements
All landscaping shall be installed according to accepted planting procedure, be of
materials of high grade and shall meet the size and grading standards of the
American Standards for Nurberg Stock (ANSIZ60, 1-1986) and shall be installed in
accordance with the provisions of this title.
D. Certificate of Occupancy_
The applicants are aware that certificate of occupancy shall not be issued unless the
landscaping requirements or other arrangements have been made and approved
by the City such as the posting of a bond.
E. PrQtection of Existing Vegetation.
A Tree Preservation & Protection Plan is submitted for the protection of existing
vegetation during construction. All plants to be saved are noted on the plan
(Attachment 7).
F. �are of Landsca �i�ng Alona Public Rights-of-w�y
Landscaping in public right-of -way is currently maintained by the applicants. The
applicants agree to enter into a Restrictive Covenant for the future street
development along Omara Street for both parcel 1 and parcel 2.
H. Height restrictions abuttina public right-of-wak
No trees, shrubs or planting more than 18 inches in height shall be planted in the
public right -of way abutting S.W. Omara street which currently has no established
curb and gutter.
9
18.745.040. Street Trees
The applicants agree to comply with the standards and requirements of the City of Tigard
with respect to the planting and protection of trees fronting S.W. Omara St. and choose to
enter into a Restrictive Covenant for future street improvements on S.W. Omara Street.
Chapter 18.765 �ff -Street Parking and Loading Requirements
18.765.020 Applicability of Provisions
A. New Construction
At the time of the erection of a new structure on Parcel 2, off street vehicle parking
will be provided in accordance with Section 18.765.070
18.765.030
A. Off street parking egress and access is provided for both parcels as indicated on the
site plan (Attachment 2).
B. A minimum of one off street parking space is provided on both parcels.
18.765.040
B. 1. Access drives from the street shall be designed and constructed to facilitate the
flow of traffic and provide maximum safety for pedestrian vehicular traffic on the
site.
2. There are two access drives with a minimum of 15 ft width and with 10 ft of this
width as asphalt surface.
3. Access drive for parcel 2 is currently defined by fencing on the western property
fine. It is proposed to provide defining fencing for the eastern side of the
driveway on the lot line for parcel 1.
4. Both parcels have a minimum visual clearance in accordance with chapter 18.795
See attachment 8.
5. Both access drives shall be improved with an asphalt surtace.
Chapter 18.790 Tree Removal
Chapter 18.790.030
A. Tree lan required
A tree plan for the planting, removal and protection of trees prepared by a certified
arborist is provided with this application (Attachment 7).
B. Plan requirements
1. The tree plan includes the location, size and species of all existing trees.
2. No trees over 12 inches in caliper will be removed for this project. No
mitigation plan is required.
10
3. One apple, one plum and one pear tree will be removed for this project. A
second apple tree and an English walnut tree may need to be removed or
have roots trimmed, depending on the final footprint of the proposed house
(Attachments 7& 13). All trees in #3 are under 12 inches in caliper.
4. A protection plan defining standards and methods to be used in protection of
trees during and after construction is outlined in the Tree Preservation &
Protection plan (Attachment 7)
C. Subsequent tree removal.
There have been no trees removed from this property in the last 12 months.
18.790.050 Permit Applicability
A. Removal permit reauired.
No trees shall be removed which are located in or on a sensitive land area as
defined by Chapter 18.775.
18.790.060 Illegal tree removal
No mitigation is required for this project.
Chapter 18.795 Visual clearance Areas
18.795.U30 Visual Clearance Requirements
B. There are no hedges, fences, walls or other structures within 30 ft. of property line
which obscure egress from either parcel in this application. There are no hills or
vertical curves which compromise visual fields, access or egress from either parcel 1
or parcel 2. The existing house on parcel 1 is 30 feet from the right-of-way
dedication. ( Attachments 8, 11 & 12)
18.795.040
B. Non-arterial streets.
Both parcels egress to a neighborhood , non arterial street which is 36 feet in width.
There is a minimum of 30 feet of clear vision along the street right-of-way line in both
directions from the centerline of the access way at the front setback line. The visual
clearance requirements for the proposed driveway are met, as shown by the visual
clearance diagram shown on the Preliminary Partition Plat.
Chapter 18.810 Street and Utility Improvement Standards
18.810.030 Streets
A. Improvements
Parcels 1 and 2 will enter into a Restrictive Covenant for future improvements to
S.W. Omara Street.
11
18.810.06D Additional Lot Dimensional Requirements
The lot referred to as Parcel 2 will be created thru the minor land partition process and will
have a minimum of 15 feet of frontage as a deeded access.
The depth of both lots does not exceed 21/2 times the average wrdth.
18.810.090 Sanitary Sewer
The existing house is served by a septic system what will be abandoned with this
development. Sanitary sewer service will be provided by constructing two new sanitary
laterals. One of these sanitary iaterals will connect to existing tees located on the sanitary
main in SW Omara St. Parcel 2 will require an additional tee. The nearest sanitary sewer
line is an 8" line located in S.W. Omara Street.
18.810.100 Storm Drainage
The storm water for the site drains to the north and east. This application does not propose
to change the current drainage pattem. the existing house as well as the future house will
drain to S.W. Omara Street. The future house will route the storm water from its roof to the
existing storm pipe located in the north of the site.
The applicant is choosing to pay $ 210 as"fee-in-lieu" of providing storm water quality
treatment facilities. This fee will be paid on request.
18.810.120 Utilities
Water services will be provided to Parcel 2 by tapping in to the existing water main in
S.W. Omara. A new water meter will be requested for Parcel 2.
The applicants choose to pay an anticipated $3,432 as the fee-in lieu" of under grounding
the existing and additional overhead utility lines. This fee will be paid on request.
CLEAN WATER SERVICES BUFFER STANDARDS
R&O 96-44/USA REGULATION- CHAPTER B
There are no sensitive areas adjacent to this property. The Clean Water Services
certification is included in the application. (Attachment 9)
72
IMPACT STATEMENT AND ACCESS MANAGEMENT
FOR
YEDINAK PARTITION
FEBRUARY 2005
IMPACT STt1DY
Chapter 18.390.040 & 18.390.050
Purpose
The purpose of the Impact Study is to review existing public facilities and address any
proposed modifications what will help mitigate the proportionate project impacts that will
likely occur as a result of development.
All necessary facilities for serving this site are currently in place within the public right-ot way
in S.W. Omara Street. Transportation, storm water, sanitary sewer, water and other private
utility systems are all available and adequate in the immediate vicinity of the proposed
development.
Trans�ortation System
This development fronts SW Omara St. to the north. SW Omara street is a 36 ft-wide
paved street that does not have curb and guttering or sidewalks on the development
(south side) of the street. S.W. Omara St. is classified as a Local Residential Street and
provides access to homes on this site.
The existing streets in the vicinity are adequate for the addition of one new home.
The closest bus routes are on Hall Blvd. and Omara, where bus route 76 can be utilized.
These bus stops are 0.24 miles from the property. Development in the area includes a
proposed traffic light for the library, which lies at the Omara Street-Hall Blvd. intersection.
The transportation system in the immediate vicinity is adequate for the added traffic of one
new home. ( Attachment # 10)
Along this portion of Omara Street, full-street improvements with curb, gutter, street lights
and street trees are in place on the north side of the street from Frewing Street to
Edgewood street. These improvements are not yet in place on the south side of the
street.
The access to the proposed parcel ( Parcel 2) and the existing house(Parcel 1) is on SW
Omara Street.
Drainage System
The storm water for the site drains to the north and east. This application does not propose
to change the current drainage pattem. The existing house as well as the future house will
drain to S.W. Omara Street. The future house will route the storm water from its roof to the
existing storm pipe located in the north of the site. No storm drainage improvements are
necessary as a part of this project. A "fee-in-lieu of a storm water quality facility will be paid.
13
Water Systems
There is an existing water line in S.W. Omara Street. The existing house is connected via a
main on the northeastern property line. A lateral will be created for the proposed residence
and a second main installed. The existing line will supply more than adequate flow and
pressure for the proposed domestic and fire flows to the proposed residence.
Parks System
This development is not proposing to donate any land to the City of Tigard for open space
or parks. Fanno Creek Park is less than 1/4 mile from this project and is adequate to serve
the proposed addition of one single family residence.
Sewer System
The current house is served by a septic system that will be abandoned with this
development. Sanitary sewer service will be provided by constructing two new sanitary
laterals. One of these sanitary laterals will connect to existing tees located on the sanitary
main in SW Omara St. Parcel 2 will require an additional tee. The nearest sanitary sewer
line is an 8" line locatec! in S.W. Omara street.
Noise impacts
This proposed development is a residential partition which will create one additional
residential parcel and should not generate any extraordinary noise impacts to the
surrounding neighborhood.
Emeraency services/Fire Protection
Access driveways to both parcels are no longer than 100 feet. Therefore, no turnaround is
required for emergency vehicles. There is a fire hydrant immediately north of the property
on the comer of Omara Street and Chelsea Loop as indicated on Preliminary Plat Drawing
(attachment 12).
PUBLIC FAC{LITIES
Right of Way Dedication
A Right of Way Dedication for Neighborhood Route with Bike Lanes of 29 feet from center
line is provided as indicated on Preliminary Partition Plat.
�treet Imqrovements
The applicants have chosen to participate in a Restrictive Covenant for future
improvements of SW Omara Street.
Overhead Utility Lines
Section 18.810.120
There are existing overhead utility lines along S.W. Omara. The applicants choose to pay
a fee of$3,432 in lieu of placing overhead utility lines underground.
Storm Water Qualitx
The applicants choose to pay fee in lieu of constructing an on site water quality facility. This
fee �s anticipated to be approximately $ 210. Payment will be made on request.
14
Attachment 13
Addendum to Setbacks
For Yedinak Minor Land Partition Application
2/19/05
At the time the owners had a Tree Preservation and Protection Plan developed for this
project, they were proposing 10-foot setbacks for the proposed new house on the south
and west sides. Since the east and north-side setbacks were well in excess of 20 feet, the
applicants had proposed to designate the north side as the nominal front of the property
(as aliowed in Code section 18.420.050, part 4e) and the east side as the nominal back of
the property. Later they were informed by Mr. Pagenstecher of the Tigard City Planning
Department that, although the developer could designate the"front'of the property, the
back must then be opposite to, not adjacent to this front side. This required some changes
to our submission.
The Site Diagram (Attachment 2) and Vcinity Map (attachment 3) now show a rear setback
of 15 feet on the east side of the proposed new house and designate the west side as
the front of the property. The south side still retains a setback of 10 feet, and the north
side is 45 feet from the proposed new property line between parcels 1 and 2.
These changes impact the tentative setbacks identified on the Preliminary Par[ition Plat
(attachment 12) and the Arborist's Tree Preservation & Protection Plan (attachment 7).
Upon approval of the land partition, corrections will be made to the Preliminary Partition Plat
drawing, which currently shows a 20 foot setback on the south side of the proposed new
house. The following paragraphs address the Tree Preservation & Protection Plan.
Moving the location of the proposed hew house another 5 feet to the east in order to
provide the 15-foot rear yard setback on the west side has the advantage of moving the
house further irom, thus providing better root protection for the 20 inch Douglas fir (identitied
as tree 2 on the Tree inventory chart-page 2 of the Tree Preservation and Protection Plan.
However, this siting ot the house moves it closer to two trees on the east side not identified
for removal on the Tree Preservation & Protection Plan. The Tree Inventory Chart identifies
these 2 trees as a 10 inch apple (tree 6) and an 11 inch English walnut (tree 7). This plan
calls for tree protection fencing running from 10 feet to the west of tree 6 to 11 feet to the
west and north of tree 7. The 62-foot width of the proposed new house with the 15 foot
setback on the west side will extend to within 5 feet of the west side of the trunks of these
two trees.
Currently, the owners are working on plan modifications which could prevent the need to
remove or cut the roots of these two trees. However, the cost of such modifications may
be such that these two trees need to be removed or have the roots trimmed at the
approximate distances noted above. According to Mr. Terry Flanagan, project arborist, if a
greater margin cannot be maintained, the trees should be removed. The owners will apply
for the appropriate tree removal permits if the trees cannot be saved. Since these 2 trees
are less than 12 inches in diameter, their removal would still support the arborist's statement
that no trees greater than 12 inches in diameter would be removed for this project (Tree
Preservation & Protection Plan pages 1 & 4). Thus, no mitigation would be required.
Martin & Christine Yedinak
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U P P C�� �L O O� P L A N _ PANEL dt HOLDOWN INFORMATION PRIOR TO CONSTRUCf[ON _
IF LATERAL ENGINEEAING IS APPLICABLE REFER TO L SHEET FOFI
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CleantiVate� Sez-vices
Our commitmcnt is cicar.
Water Quality Regulations Permitting Process
Thrs summary rs intended to provrde generQ!informotion about Clean Wa1er Services'water qualiry regulations.
However, it is not Q substiture for the regulations themselves. IJyou have any questians or concerns about
how these new re ulations ma a ect ou, lease contaci Clean Water Services or additional in ormalion.
Clean Water Services(the District} is a service dis�ict formed under ORS Chapter 451 with lead
resgonsibility for urban surface wa[er management in urban Washington Counry, including all of the
incorporated cities. To better protect water quality within its service district, the District has adopted
rules that affect how and where "development"can occur by requiring vegetated corridors, enhancement,
and mitigation for impacts to"water quality sensitive areas".
Water quality sensitive areas are land features which serve as water quality filtering systems, protect
aquatic communities,or otherwise function to improve the water quality and quantity management of the
storrn and surface water system, and include any drainage system with a basin greater than 10 acres,
wetlands, rivers, streams, springs, lakes and ponds. However, various types of man-made stormwater
facilities are not considered"sensitive areas". The "vegetated corridor" is a corridor adjacent to a
sensitive area that is preserved and maintained to protect the water quality functions of the sensitive areas.
When did the rules go into effect?
On February 22, 2000, these water quality protection rules went into effect for all of urban Washington
County, including the incorporated cities of Banks, Beaverton, Cornelius, Durham, Forest Grove,
Hillsboro, King City, l�loRh Plains, Sherwood, Tigard and Tuata[in.
Who is subject to the water quality regulations?
These rules apply to all new"development", as defined below.
Development under these ruIes refers to all human-induced changes to improved or unimproved real
property including:
• construction of s�uctures requiring a building permit if such structures are external to exisring
structures; �
• land division;
• drilling;
• site atterations resulring from surface mining or dredging;
• grading;
• construction of earthen berms;
• paving;
• excavating; and
• clearing when it resuits in the removal of trees or vegetation which would require a permit from the
local jurisdiction or an Oregon Department of Forestry cree removaI notification. Section 1.02.15,
Clean Water Services Design and Construction Standards Resolution and Order 00-7 (R&O 00-7).
As noted in the definition, "development" includes a wide range of activities such as land divisions, the
construction of structures requinng a building permit, a ading, and escavating. However, the definition
of"develvpmen["does not include the construction on a lot of record within a subdivision which is inside
the urban growth boundary and which was approved by a local govemment decision on a land use
application under an acknowledged comprehensive plan after September 9, 1995.
. �--�
LU-J
File Number
An on-site, water-quality-sensitive area reconnaissance was completed on:
Date By Title Company
A. Existence of Water-Quality-Sensitive Areas
As defined in the DistricYs Design and Construction Standards, water-quality-sensitive areas:
u ❑ do ,� do not exist on site (check appropriate box).
❑ do ❑ do not exist within 200' on adjacent properties, or ❑ unable to evaluate adjacent
property (check appropriate box).
• If water-quality-sensitive areas exist, complete Section B below.
• If water-quality-sensitive areas do not exist, skip Section B, sign this form and submit to the
District with plan approval package.
B. Types of Water-Quality-Sensitive Areas
The type{s)of water-quality-sensitive area(s) that occur on site or within 200 ft on adjacent
properties are (check all that apply):
❑ wetland(s) ❑ spring{s) ❑ intermittent stream(s) ❑ perennial stream(s) ❑ ponds
Sign this form and submit to the District with plan approval package and one (1) copy of the
Natural Resources Assessment Report (information and forms are available through the
District).
• The Natural Resources Assessment Report includes:
• Wetland Delineation Report per DSL/Corps reporting requirements (if wetlands present).
• Rapid Stream Assessment Technique Form and rnaps or other District-approved
assessment (if construction or discharge is proposed into, through, or across an
intermittent or perennial streams).
• Vegetated corridor documentation, including a base map and photographs showing the
surveyed location of all sensitive areas, vegetated corridors, and vegetated corridor
condition.
I certify that I am familiar with the information contained in this document, and to the best of my
knowledge and belief, this information is true, complete, and accurate.
Property Owner:
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Teragan & Associates, Inc.
Terrence P. Flanagan Arboricultural Consultants
Tuesday, January 18, 2005
Marty & Chris Yedinak
PO Box 230194
Tigard, OR 97281
Dear Mr. and Mrs. Yedinak:
Enclosed is the necessary certified arborist report to complete the property division for
the property at 9090 SW O'Mara St., Tigard, Oregon as required by the City of Tigard
code.
Assignment
The assignment that you requested I complete is to;
1. Inventory all trees that are on site and identify those trees that are to be retained on site.
2. Evaluate the condition of trees to be retained on site in regard to tree health and tree
structural condition.
3. Evaluate if the site will allow the tree protection as required by the City of Tigard
given the level of development of the site. If not, proposed and justify an alternate tree
protection plan to protect the trees.
Summary
Five of the 15 trees currently on the property at 9090 SW 0'Mara St, Tigard, Oregon are
over 12 inches in diameter. All five of the trees greater than 12 inches are to be retained
on site. Of the 15 trees on site listed in the inventory, two are smaller than six inches and
one is a multi stem mugo pine (Pinus sp.) that should be considered a shrub. The
percentage of retained trees larger than 12 inches that are to be retained on site is 100%.
This percentage meets the required retention of at least 75%of the trees on site to reach
the threshold where no mitigation for the removal of trees is necessary.
The trees that are to be retained should be far enough away from the planned construction
envelope that they should be able to be protected from any construction damage. The
tree protection areas will have to be established during construction at a distance
recommended under the Tree Inventory Chart, shown to scale on the site plan or at the
direction of the project arborist. In order to build structures on the site, some of the trees
will have to have tree protection areas adjusted based on the location of the structure and
the architecture of the trees. The project arborist will have to be involved to correctly
adjust tree protection areas while still protecting the trees.
Report Use
This report is to certify the trees that are on site, their condition and outline the tree
protection steps to protect the trees to be retained on site. This report is written to meet
� � U l 8/Z005
Page 2 of 6
the requirements of the City of Tigard for tree protection on properties that are to be
divided into smaller lots.
Background
The subject property is to be divided into two lots. The numbers in the Tree Inventory
Chart correspond to the numbers located by the trees indicated on the survey of the
property included with this report as Appendix # 2.
Limiting Conditions and Assumptions
The survey provided by Mrs. Yedinak that was prepared by Ztec Engineers, Inc. was the
basis of the information provided in this report. Tree species identification and tree
diameters were checked in the field by the author of this report.
Field Conditions and Discussion
TREE INVENTORY CHART
Retained
Species DBH Diameter Trees
Tree in Tree Tree [nches of Removed over Tree
# Common Inches Condition Comments Recommendation Trees ������ Protection
Name Greater diameter �rea
Ihan 12"
Honey Needs structural 4.5 feet to the
1 locus! 1z Good pruning Retain 12
Iv removal at base west
l0 feet to east,
2 Douglas ZO Very Good Retain 20 south and
Fir
north
3 Plum 10 Good Prune for fruit Remove
production
4 App/e 9 Good Prune for fruit Remove
production
5 Pear 5 Good Prune for fruit Remove
production
6 Apple 9 Good Prune for fiuit Retain See tree
production protection plan
� English �l Good Prune for fruit Retain See vee
Walnut production protection plan
Prune for fruit See tree
8 Peach 4 Poor production Retain protection plan
Peach leaf curl
3 stem tree,foliage a l3 feet
9 Weslern l8, l6, Good little thin,26 inch Retain 26 west, south
Red Cedar I l equivalent diameter and north
tree
7 feet south
and west
]0 Filbert 14 Fair Retain 14 connecting to
tt I 1 TPF to
the east
8 feet to the
south and east,
l l Filbert l7 Fair Retain 17 connecting to
the TPF for N
l0 to the west
3145 Westview Circle•Lake Oswego,OR 97034•(503)697-1975•Far(503)697-1976
E-mail:Terry@Teragan.com
ISA Board Certitied Master Arborist,#PN-0120 E3T
Member,American Society of Consulting Arborists
, � 1/18/2005
Page 3 of 6
DBH "frees
Species Tree Retained Removed over Tree
Tree Common �" Tree Comments Recommendation Diamrter Protection
� Name Inches Condition ����1°
Inches diameter .4rea
I S'x 15'9 stem tree Not needed as
tree will be on
1z Mul�i stem average stem Retain other property
ti/ugo prne diameter 2-�1" away from
diameter construction
Not needed as
tree will be on
l3 True fir I O Very Good Retain other property
away from
cons[ruction
Not needed as
tree will be on
l4 Hawlhorn 6 Good Too close to True Retain other property
F�� away from
construction
Not needed as
tree will be on
l 5 JQpQnese 7 Good Close to house Retain other property
Maple away from
construction
Summary of Diameter Inches
DBH—Diameter at Breast Height, measured at 4.5 feet above surface grade. On trees
that branch into multiple leaders below the 4.5 feet level, the diameter is measured at the
narrowest point of the trunk below 4.5 feet.
Tree Protection
The majority of trees that are to be retained are located around the existing house of the
planned property division where no construction will take place and along the property
lines of the lot.
No storage of any material, parking of extra vehicles for construction, parking of utility
or office trailers and even the pedestrian traffic of construction workers should be
allowed within the tree protection areas. Please refer to appendix # 1 for additional steps
in tree protection.
The trees will have possible construction occur within the ideal root protection area of
one foot for every inch of tree diameter. These trees' tree protection areas are listed
under Tree Protection Area in the Tree Inventory Chart and are drawn to scale on the site
plan included with this report marked appendix # 2. The trees will only be impacted on
one side as the trees are located close to the property lines. The fact that only one side of
the root system will be impacted by construction activities allows for the tree protection
to be reduced from the optimum. The area of tree protection for all the trees that are to be
retained should be a distance on a radius from the face of the tree trunks as indicated
under the Tree Protection Area column in the chart above.
The tree protection areas may have to be adjusted to be slightly less than the distance as
indicated in the inventory depending on the foot print of the planned structure on each of
the lots. A certified arborist should be consulted to insure that the tree protection is
3145 Westview Circle• Lake Oswego,OR 97034•(503)697-1975•Fax(503)697-1976
E-mail:Terry a Teragan.com
ISA Board Certified Master Arborist,#PN-0120 BT
Member,American Society of Consulting Arborists
• , 1/l 8/200�
Page 4 of 6
adequate if it will be necessary to reduce it below the ideal distance as called for in the
code.
Conclusion
The retention of all of the trees greater than 12 inches in diameter around the existing
home and along the property lines at 9090 SW O'Mara St., Tigard, Oregon equals 100 %
of the trees that are greater than 12 inches that are on the property. This percentage of
tree retention negates the need to mitigate for any tree removal.
The tree protection steps outlined under the discussion section of this report and in
appendix # 1 "Tree
Protection Steps" will adequately protect the trees during the construction as long as all
construction is prevented from occurring within the tree protection areas. Please refer to
appendix # 2 for the actually placement of the tree protection areas that are drawn to scale
on the site plan.
Please call if you have any questions or concerns regarding this report.
Sincerely,
— J��,vt.�t,'f����j �+�v
Terrence P. Flanagan "�
ISA Board Certified Master Arborist, PN-0120 BT
Member, American Society of Consulting Arborists
Enclosures: Appendix# 1 –Tree Protection Steps
AppendiY # 2 –Survey with tree numbers and location of tree protection
fencing
314� Westview Circle•Lake Oswego,OR 97U34•(�03)697-197�•Fax(�03)697-1976
E-mail:Terry(iiTeragan.com
ISA Board Certified Master Arborist,#PN-0120 BT
Member,American Society of Consulting Arborists
. � 1/18/2005
Page 5 of 6
Appe�dix # 1
Tree Protection Steps
It is critical that the following steps be taken to ensure that the trees that are to be retained are protected.
Before Construction Begi�s
1. Notify all contractors of the trees protection procedures. For successful tree protection on a
construction site, all contractors must know and understand the goals of tree protection. It can only
take one mistake with a misplaced trench or other action to destroy the future of a tree.
a. Hoid a Tree Protection meeting with all contractors to fully explain goals of tree
protection.
b. Have all sub contractors sign memoranda's of understanding regarding the goals of tree
protection. Memoranda to include penalty for violating tree protection plan. Penalty to
equal appraised value of tree(s)within the violated tree protection zone per the current
Trunk Formula Method as outline by the Council of Tree&Landscape Appraisers
current edition of the Guide jor Plant Appraisal.
Penalty is to be paid to owner of the property.
2. Fencing
a. Establish fencing around each tree or grove of trees to be retained.
b. The fencing is to be put in place before the ground is cleared in order to protect the trees
and the soil around the trees from any disturbance at all.
c. Fencing is to be placed at the edge of the root protection zone. Root protection zones are
to be established by the project arborist based on the needs of the site and the tree to be
protected.
d. Fencing is to consist of 6-foot high steel fencing on concrete blocks or 6-foot high orange
fencing or 6 foot high metal fencing secured to 8-foot metal posts driven into the ground
two feet to prevent it from being moved by contractors,saggin;or falling down.
e. Fencing is to remain in the position that is established by the project arborist and not to
be moved without written permission from the project arborist until the end of the
project. .
4. Signage
a. All tree protection fencing should have signage as follows so that all contractors
understand the purpose of the fencing;
TREE PROTECTION ZONE
DO NOT REMOVE OR ADJUST THE APPROVED
LOCATION OF THIS TREE PROTECTION
FENCING.
Please contact the project arborist or owner if alterations to the
approved location of the tree protection fencing are necessary.
b. Signage should be place as to be visible from all sides of a tree protection
area and spaced every 75 feet.
3145 Westview Circle•Lake Oswego,OR 97034•(503)697-197�•Fax(503)697-1976
E-mail:TerryCTeragan.com
ISA Board Certified Master Arborist,#PN-0120 BT
Member,American Society of Consulting Arborists
� � 1/l 8/200�
Pa�e 6 of 6
During Construction
1. Protection Guidelines Within the Root Protection Zone
a. No traffic shall be allowed within the root protection zone. No vehicle, heavy equipment,
or even repeated foot traffic.
b. No storage of materials including but not limiting to soil,construction material, or waste
from the site.
i. Waste includes but is not limited to concrete wash out,gasoline,diesel, paint,
cleaner, thinners, etc.
c. Construction trailers are not to be parked/piaced within the root protection zone without
written clearance from project arborist.
d. No vehicles shall be allowed to park within the root protection areas.
e. No activity shall be allowed that will cause soil compaction within the root protection
zone.
2. The trees shal(be protected from any cutting,skinning or breaking of branches,trunks or roots.
3. Any roots that are to be cut from existing trees that are to be retained,the project consulting
arborist shall be notified to evaluate and oversee the proper cutting of roots with sharp cutting
tools. Cut roots are to be immediately covered with soil or mulch to prevent them from drying out.
4. No grade change should be allowed within the root protection zone.
5. Any necessary deviation of the root protection zone shall be cleared by the project consulting
arborist or project owner.
6. Provide water to trees during the summer months. Tree(s)that will have had root system(s)cut
back will need supplemental water to overcome the loss of ability to absorb necessary moisture
during the summer months.
7. Any necessary passage of utilities through the root protection zone shall be by means of tunneling
under roots by hand digging or boring under the direction of the project arborist.
After Construction
1. Carefully landscape in the area of the tree. Do not allow trenching within the root protection zone.
Carefully plant new plants within the root protection zone. Avoid cutting the roots of the existing
trees.
2. Do not plan for irrigation within the root protection zone of existing trees unless it is drip
irrigation for a specific planting or cleared by the project arborist.
3. Provide for adequate drainage of the location around the retained trees.
4. Pruning of the trees should be completed as one of the last steps of the landscaping process before
the final placement of trees,shrubs,ground covers,mulch or turf.
5. Provide for inspection and treatment of insect and disease populations that are capable of
damaging the retained trees and plants.
6. Trees that are retained may need to be fertilized and inoculated with mycorrhizae treatments as
called for by project arborist after final inspection.
3145 Westview Circle•Lake Oswego,OR 97034.(503)697-197�•Fax(503)697-1976
E-maiL•TerryaTeragan.com
ISA Board Certified Master Arborist,#PN-0120 BT
Member,American Society of Consulting Arborists
PRE-APPLICATION
`� �'" � CONFERENCE REQUEST
CITY OF TIGARD 13125 SW Hall Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
,
FOR STAFF USE ONLY
Applicant: �i���1�;� C�/�/s ��in��l
Address: �0,9a -f!�! ��ts�a .5��. Phone: .S�D}--6�5{�S7j Case No.: ���abo`� — ��� �
Recei t No.: �?o U� � �D g S
City:�o� Zip: �,��3 P
Contact Person: Phone: Application Accepted By: e - eG�-vn,h
Date: `�" �5'a�
Property Owner/Deed Holder(s): PRO��,�r,.r,- ��.����a.
DATE OF PRE-APP.: g��-3�0�
_PFss uc,A-rx:' TIME OF PRE-APP.: g`. ��
Address: P O L3or� �9 r� Phone:��co) 6�6 -�'I `�9
PRE-APP. HELD WITH:
Clty: v��N;Y� Ro�R e� ZIP: ! S�V Z Rev.7/1/04 i:\curpinlmasters\revisedlPre-AppRequest.doc
Property AddresslLocation(s): �D�'� f j� Dh,er� �J��
T �/����� J� 9'�17`l REQUIRED SUBMITTAL ELEMENTS
(Note: applications will not be accepted
withoutthe required submittal elements)
Tax Map &Tax Lot#(s): -� �`! .�. �G — ck� S I I
Zoning: /L '�7� s ❑ Pre-Application Conf. Request Form
Site Size: �3. 9�f� �7� � COPIES EACH OF THE FOLLOWING:
T'
❑ 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 orior to o�cially schedulinq a proposed lots and/or building layouts
pre-application conference date/time to allow staff ample time to drawn to scale. Also, show the location
prepare for the meeting. of the subject property in relation to the
nearest streets; and the locations of
A pre-application conference can usually be scheduled within 1-2 driveways on the subject property and
weeks of the Planning Division's receipt of the request for either across the street.
Tuesday or Thursday mornings. Pre-application conferences are ❑ The Proposed Uses.
one (1) hour long and are typically held between the hours of � Topographic Information. Include
9:00-11�00 AM. Contour Lines if Possible.
PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ If the Pre- lication Co rence is for
PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM a MONOPOL projec , the applicant
8:00-4:OO/MONDAY-FRIDAY. must attach a y f the letter and
proof in the for of an affidavit of
IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE mailing, that the ollo tion protocol was
PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE completed (s Sectio 18.798.080 of
INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM the Tigard Community evelopment
ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE Code).
GROUP. ❑ Filing Fee $296.00
Pre-Apps (CD Meetings) septembe�2ooa_ _
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25 �
26 27 28 29 30 I
Thursday, September 23, 2004 _ �
s:oo '
s:so - - - I
9:00 Pre-app Martin & Chris Yedinak 684-3573 9090 SW OMara St.
MLP
' 9:30 I
10:00 Pre-App �
10:30
11:00 Pre-app
11:30
12:00
12:30
1:00
1:30
2:00
2:30
3:00
3:30
4:00
4:30
5:00
5:30
6:00 '
2:49PM Wednesday,September 15,2004
From: Date: Sept. 7, 2004
Martin & Christine Yedinak
9090 SW Omara St.
Tigard, OR 97223
To: City of Tigard Planning Department
Re: Minor land partition & home construction
Our property at 9090 SW Omara St. is zoned R4.5 and contains approximately 24,000 square
feet. We are proposing to divide this lot into 2 creating a flag lot. On the proposed back lot we
would like to build a 2-story single family residence of 2000-2400 square feet to be used for rent or
for sale. Dur minimum proposed setbacks are 10, 20, 38 and 45 feet, as indicated on the attached
drawing. There are no driveways on the opposite side of Omara street along our block.
In Qctober 2002 the sewer pipe project for SW Omara Street at Chelsea Loop was completed.
Thus, the main sewer line lies beneath Omara Street and a lateral currently extends to our property
line. We propose to connect both our existing home (currently on septic) and the proposed new
house to the sewer system at the time during the construction of the new house when it is
appropriate to run the sewer pipe up to it. Would your requirements permit the use of a single
sewer pipe from the existing lateral at our front property line to the back of the existing house with
one branch to go to the existing house and the other to the proposed second home or would two
pipes be required for the entire length?
Our lot faces Omara street to the north. The fall of the land in this area is down toward the northeast.
The approximate drop from the northwest corner of the proposed second home to the point where
the sewer lateral intersects our property line is 11 feet. From the back of the existing lot, the slope is
fairly constant until a point about 30 feet from the back of the existing house. Then, for about twelve
feet the slope is about 3 times as steep. From that point to the front of the property, it resumes
about the same fall as in the back of the property. Thus, there should be adequate drainage for
surface water runoff and for drainage to the sewer main in Omara street from both the existing and
the proposed new home.
The space for the access road between the gutter of the existing house and the west property line
is 17.5 feet (20 feet to the wall of the existing house) . If we build a 10 foot road centered in the 15
foot roadway, this would only leave about 4 feet between the edge of the road and the adjoining
property on the west and 4 feet between road and the gutter of the existing house on the east. I
have spoken with Bob Fuller next door about the proximity of this road to his property line, and he
has no concerns about it. From the city's perspective, what would we need to do in order to utilize
this space for an access road to the proposed back lot since it would not be at least 5 feet from each
adjoining property?
As planned, the construction of the second house should not require the cutting down of any existing
trees. The access road and driveway are designed to curve around the big fir tree near our west
property line. If the maximum footprint of the proposed new house is a 50 foot square, then I
hope that the nearby fruit trees will only need to be trimmed on the side next to the proposed
house. If the builder needs more space on the back side of the lot, we might need to take down the
plum tree, which is 10 inches in diameter. If that were necessary, we would replace this tree with one
slightly closer to the back property line.
If you need any further information conceming our proposal prior to our pre-application conference,
please contact us at 503 684-3573. Thanks for your consideration of our proposal.
....,,�,.�.... . ....
Martin Yedina
. �— ��'
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PRE-APPLICATIOH CONFEREHCE NOTES �,^,
➢ ENGINEERING SECTION Q ��'""nty�°%,'"nt
SFtaping A�Better Community
PUBLIC FACILITIES Tex Mep[S): 2s�o2oc
Tax LoUal: 00511
Use iyme: 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 proiection of public improvement related requirements
that may be required as a condition of development approval for your proposed project.
Right-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 Omara Street to 29 feet from centerline (Neighborhood Route with Bike Lanes)
❑ SW to feet
❑ SW to feet
❑ SW to feet
Street improvements:
� Half street improvements will be necessary along SW Omara, to include:
� 18 feet of pavement from centerline
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk with 5 foot planter strip
� street trees spaced per TDC
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
� Other: 6-foot bike lane
CITIf OF TIGARD Pre-Applicadon Comeronce Notes Page 1 ot 6
Fa,la�eds�Departme�tSecUo�
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a finro-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
� ❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ 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 T16ARD Pre-Applicatl�a Cemeronce N�tes Page 2 af 6
Eo'I��erl�!O�p�rtse�t S�etln
, . ❑ Other:
Aqreement for Future Street Improvements:
In some cases, where street improvements or other necessary public improvements are not currently
practical, the improvements may be deferred. In such cases, a condition of development approval
may be specified which requires the property owner(s) to provide a future improvement guarantee.
The City Engineer will determine the form of this guarantee. The following street improvements may
be eligible for such a future improvement guarantee:
(1.) Omara Sfreet
�2.)
Overhead Utilitv 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 Omara.
Prior to issuance of buildinq permits, the applicant shall either place these utilities
underground, or pay the fee in-lieu described above.
Sanitary Sewers:
The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in Omara Street.
The proposed development must be connected to a public sanitary sewer. It is the developer's
responsibility to provide a separate connection for each to the public sewer.
This property is located within Sewer Reimbursement Disfrict 23. The applicant must pay the
reimbursemenf fee prior to issuance of plumbing permits.
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.
Fire Protection:
Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010]
provides fire protection services within the City of Tigard. The District should be contacted for
information regarding the adequacy of circulation systems, the need for fire hydrants, or other
questions related to fire protection.
Storm Sewer Improvements:
CITY OF TI6ARD Pre-Appllcatlen C�meronce N�tes Page 3 of 6
Eill�nrl�g�q�rta�et Sectl�p
, All,proposed development w, , the City shall be designed such t storm water runoff is conveyed
to an approved public drainage system. The applicant will be required to submit a proposed storm
drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure
that the proposed system will accommodate runoff from upstream properties when fully developed.
The developer may pay a fee-in-lieu of defention.
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 T16ARD Pre-Applicatl�n Comeronce Notes Page 4 N 6
Eullaurl�!OqartA��t S�etl��
PERMITS
Public Facilitv Improvement (PFI) Permit:
Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering
Department. A PFI permit application is available at the Planning/Engineering counter in City Hall.
For more extensive work such as street widening improvements, main utility line extensions or
subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for
review and approval.
The Engineering Department fee structure for this permit is considered a cost recovery system. A
deposit is collected with the application, and the City will track its costs throughout the life of the
permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases
where City costs exceeds the deposit amount. 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% 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.
CIi110F TI6AR� Pre-Applicatl�n Comeronce Notes Page 5 of 6
Eq�.•.d.��•��rtr..t s.en•.
, , Other Permits. There ; other special permits, such as n �anical, electrical and plumbing
that may also be required. Contact the Development Services Counter for more information.
GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS
All subdivision projects shall require a proposed grading plan prepared by the design engineer. The
engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as
well as lots that have natural slopes in excess of 20%. This information will be necessary in
determining if special grading inspections will be required when the lots develop. The design engineer
will also be required to shade all structural fill areas on the construction plans. In addition, each
homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall
include topographical contours and indicate the elevations of the corners of the lot. The builder shall
also indicate the proposed elevations at the four corners of the building.
PREPARED BY: ;� �'��, .� °� . 2 � -;:-�
ENGINEERI DEPARTMENT STQFF DATE
Phone: [5031639-4171
Fax: [50316240752
document3
Revised: September 2,2003
CITY OF TI6ARD Pro-Applicatl�n Comer�nce Notes Page 6�f 6
Ensln�srl�o�eparup��t 8�ctlon
PUBUC FACILITY PLAN Project:
COMPLETENESS CHECKLIST 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?
❑ StreeUROW 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 parcels 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
, . .
,_ ,� . _. : . .: �_
,�. _ ;:r v
.
�- CITY �F TIGAR�= � �. ..: ,. _
r��: ;= PRE-APPLICATION CON�ERENCE� NOTES �� �a�TIC�CR60RL40N
. Commuraty 13ruelopmi�iet
.�(�a�[n81i 4fetterCtimuiunily
, . ..,iR, _LL Pie- �plicatfor��Meevng Notes are:Ifal�d for Six 6 Months: -
� �F �.;� x,. �:. �
RESIDENTIAL
���-_--_ �3 0--=- -
����- G P k�
APPUCANT:_ yYJA�p_rrry��fj�z�s ��ir�g�t AGENT:
Phone:�v 3� �8 y. 3s 7 3 Phone: ( )
PROPERTY LOCATION:
ADDRESS/GENERAL LO(ATION: �iOQa S4� av�+gqµ S�.
�t C�s�,t � 7 z,�,3
TAX MAP(S}/LOT #(S� ' I .
NECESSARY APPLICATIONS: `
rn���o ��b P�ne r�Tiv�c� �
PROPOSAL DESCRIPTION: �;���v� .s,� r���n 5 i9 �"/���
—z ,
COMPREHENSIVE PLAN ,
MAP DESIGNATION: r���siz'y ,�c�S�o���rc
ZONING MAP DESIGNATION: !Z �(-S
CITIZEN INVOLVEMENT TEAM(C.I.T.)AREA: �L� ,
ZONIN6 DISTRICT DIMENSIONAL REQUIREMENi'S [Refer to Code Secdon 18. j'/o I FL�f : g.�, 1,���
MINIMUM LOT SIZE:7�sq. ft. Average Min. lot width: 3� ft. Max. buildin�height: .s� ft.
Setbacks: Front 2o ft. Side � ft. Rear /�' ft. Comer �5 ft.from street.
MAXIMUM SITE COVERAGE: -- % Minimum landscaped or natural vegetation area: '— %.
GARAGES: "?� ft.
� NEIGHBOBNOOD MEETIN6 [Refer to the Neighborhood Meebng NandouU
THE APPLfCANT SHALL NOT{FY 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. Meeling is to be held prior to submittinq 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-Appl'�cation Conferenoe Notes Page 1 of 9
rtesiden6al nppicaloNPlannn,y U,rision secfo�
. '
� � NARRATIVE [Refer to Code Chapter 18.390)
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 STUDY [Befer to Code S�ctlans 18.390.040 aad 1�.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, ihe
transportation system, including bikeways, the drainage system, the parics system, the water system,
the sewer system and the noise impacts of the development. For each public facility system and type
of impact, the study shall propose improvements necessary to meet City standards, and to minimize
the impact of the development on the public at large, public facilities systems, and affected private
property users. In situations where the Community Development Code requires the dedication of real
property mterests, 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.T05 and 18.7651
Minimum number of accesses: ) Minimum access width: � S �
Minimum pavement width: �c�'
❑ WALKWAY REQUIREME)!TS [Refer to Code Chapter 18.7051
Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each
residential dwelling SHALL BE C4NNECTED BY WALKWAY TO THE VEHICULAR PARKING
AREA, COMMON OPEN SPACE AND RECREATION FACILITIES.
❑ RESIDENTIAL DENSITY CALCULATtON [Refer to Code Cdapter 18.n51-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 area is calculated by subtracting
the following land area(s)from the gross site area:
All sensitive lands areas includinq: �'���
➢ Land within the 100-year fToodplain; ��� �
�
➢ Slopes exceeding 25%; -?�~p �� -
➢ Drainageways; and , ' ���'
➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts.
Public right-of-way dedication:
➢ Single-family atlocate 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.
D(AMPLE OF RESIDENTIAL DENSITY CALCULATIONS:
EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITNE LANDS
Single-Famify Multi-family
43,560 sq.ft.of gross site area 43,560 sq.ft_ of gross site area
8�712 sq_ft.(20%)for aublic riqht-of-way _6,534 sq.ft. (15°/a)for public right-of-wav
NET: 34,848 square feet NEL• 37,026 square feet
— 3,050(minimum lot area) - 3 U50(minimum lot area}
_ �C�m s er cr� _ � . n�is er cre
�iAe 9crele�meN Cpe rsquirez 1Aat We net sAe ara e�st fer tbe oe�whNe dwelN�wut.N0 R9UN�IN6 OP IS PEBMITTE�
i�N�Proiett eeos�b is 89%N tpe�a1 aUowe�dens�TO 9Ef ERMINE TNIS STAN�AB9,MdlTl�lr iHE NWUMUM N6�ABER Sf�IIIiS��.i.
CffY OF TIGARD Pre-Application Conterence Notes P 2 of 9
Res�e��n�n�eo�ory;�s� �
�
� [� SPECIAL SETBACNS [R�fer ta 6ode Sectioa 1�.7301
➢ STREETS: feet from the centerline of
➢ FLAG LOT: A TEN (10�FOOT SIDE YARD SETBACK applies to all primary structures.
➢ ZERO LOT LtNE LOTS: A minimum of a ten (10)-foot separation shall be maintained
between each dwelling unit or garage.
➢ MULTI-FAMILY RESIDENTIAL bui{ding separation standards apply within multiple-family
residential developments.
ACCESSORY STRUCTURES UP T4 528 SQUARE FEET in size may be permitted on lots less
than 2.5 acres in size_ Five (5�foot minimum setback from side and rear lot lines.
ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size.
[See applicable zoning disUict for the pnmary sUnctures's�tback reqairemenis]
� FlA6 LOT BUILDIN6 HE16HT PROYISIONS [Refer to Code Chapter 18.1301
MAXIMUM HEIGHT OF 1% STQRIES or 25 feet, whichever is less in most zones; 2%2 stories, or 35
feet in R-7, R-12, R-25 or R-4U zones provided that the standards of Section 18.730.010.C.2 are
satisfied.
❑ BUFFERIN6 AND SCREENIN6 [Refer to Cede Chapter 18.745)
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 ce�tain site perimeters. Required buffer
areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of
deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and
horizontal plantings. Site obscuring screens or fences may also be required; these are often
advisable even if not required by the Code. The required buffer areas may onlv be occupied by
vegetation, fences, utilities, and walkways. Additional information on required buffer area materials
and sizes may be found in the Development Code.
The ESTIMATED REQUIRED BUFFERS applicable to your proposal area is-
Buffer Level afong 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.T45,18.765 and 18.T051
STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR
PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must
be placed either within the public right-of-way or on private property within six (6) feet of the right-of-
way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured
four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the
branching width of the proposed tree species at aturity. Further information on regulations
affecfing street trees may be obtained from the Ptanni�g Division.
A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED
in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking
areas shall include special design features which effectively screen the parking lot areas from view.
❑ RECYCLIN6 [Refer to Code Chapter 18.T55)
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 Senrice area. Lenny Hing is the contact person and can be reached at (503)
625-6177.
GTY OF TK�ARD Pre-Applica6or►Caiference Notes Page 3 of 9
Restlera�Appica6aJRarrrig Uivaia�seclon
:�
� � PQRION6 [Refer to Cod�Chapters 18.765 a 18.7051
ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED.
➢ Single-family.........._. Requires: One 1 off-street parlcing space per dwelling unit; and
One �1� space per unit less than 500 square feet.
➢ Multiple-family_........Requires: 1.25 spaces per unit for 1 bedroom;
� 1.5 spaces per unit for 2 bedrooms; and
1.75 spaces per unit for 3 bedrooms.
Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of
guests and shall consist of 15% of the total required parking.
NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED
AS COMPACT SPACES. Parfcing 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 parlcing 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 painfed on the parking space surface and an appropriate sign shall be
posted.
❑ BICYC[E RQCKS [Refer te Gede Section 18.7651
BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in
convenient locations.
❑ SENSITIVE LANDS [Refer to Code Chapter 18.7I51
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 GR�UND. Staff will attempt to preliminary identify sensitive lands areas at the pre-
application conference based on available information. HOWEVER, the responsibility to precisely
identifv sensitive land areas, and thei� boundaries is the responsibility of the applicant Areas
meetinq the definitions of sensitive lands must be clearly indicated on plans submitted with the
development application.
Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands
areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS.
❑ STEEP SLOPES [Refer te Cede 5ection 18.715.070.C1
When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical repo�t 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 SERYICES[CWSI BUfFER STANDARDS [Refer to R a S 96-44/USA Regulanoas-Chapt�r 3l
LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a
vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive
area.
Design Criteria:
The VEGETATED CORR{DOR WIDTH is dependent on the sensitive area. The following table
identifies the required widths:
CITY OF TIGARD Pr�AppGcation Conference Notes P 4 of 9
ra�,��.��y o�s� �
TABLE 3.1 VE6ETATEB CORRIBOR WIDTHS
SOURCE: CWS DES16M AND CONSTRUCTION STANDARDS MAMUAURESOLUTION&ORDER 96-44
'''� � . ` = 3 " : SLOP�ADJACENT:.s,} �WIDTH O�VEGETATEQ.` �* .:
�� � SENSlTIVE AREA �EFINITfOTt=`: "`= � � �^� ; �+ h �'
_
� ° - � � � ,TO SENSITIVE AREAP- � " ;'GORRIDOR PER SIDE�:' �
.. _A� � . .
- _ --– -- _ :; ..
�
- _ `_ _ .— _ v . _.� � .. ._� � , w .,�s��
♦ Streams with intermittent flow draining: <25%
� 10 to <50 acres 15 feet
� >50 to <100 acres 25 feet
• Existing or created wettands <0.5 acre 25 feet
♦ Exisiing or created wetlands >0.5 acre <25% 50 feet
♦ Rivers, streams, and springs with year-round flow
• Streams wiih intermittent flow draining >100 acres
• Natural lakes and onds
♦ Streams wiih intermittent flow draining: >25% 30 feet
� 10 to <50 acres
� >50 to <100 acres 50 feet
♦ Existing or created wetlands >25% Variable from 50-200 feet. Measure
• Rivers,streams,and springs with year-round flow in 25-foot increments from the starting
• Streams with intermittent flow draining >100 acres point to the top of ravine(break in
♦ Natural lakes and ponds <25%slope),add 35 feet past the top
of ravine'
Starting point for measurement = edge of the defined channel (banktul tlow) for streams/rivers, delineated weUand boundary, deGneated spring
boundary,and/or average high water for lakes or ponds,whichever offers greatest resource protecGon. Intermittent springs, located a minimum of 15
feet wifhin the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement
Zl/egetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condilion.
�The 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 confimns slope stabilily shall be maintained with the reduced setbadc from the top d ravine.
Restrictions in the Vegetate Corridor:
NO structures, development, construction activities, gardens, lawns, application of chemicals,
dumping of any materials of any kind. or otFier activities shall be permitted which otherwise detract
from the water quality protection provided by the vegetated corridor, excepf as provided for in the
USA Design and Construction Standards.
Location of Vegetated Corridor:
IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended
for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a
separate tract, and shall not be a pa�t 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 wil) outline the conditions necessary to comply with the R80 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_
❑ S16NS [Ref�r to Cede Chapt�r 18.T801
SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of
Ti�ard. A "Guidelines for Sign Permits" handout is available upon request. Additiona{ 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
Directo�'s review.
TREE REMOYQL PIAN REQUIREMENTS [Refer to Cade Section 18.790.030.CJ
A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, partition, site development review, planned development,
or conditional use is filed. Protection is preferred over removal where possible.
CITY OF TIGARD Pr�App6cation Conferer�ce Notes Page 5 of 9
��av�o�,,,:,y a�s�ceon
' THE TREE PLAN SHALL INCLUDE the following:
➢ Identification of the location, size, species. and conditi�n of all existing trees greater #han 6-
inch caliper.
➢ identification of a program to save existing trees or mitigate tree removal over 12 inches in
caliper. Mitigation must follow the replacement guidelines of Section 18_790.060.D according
to the following standards and shall be exclusive of trees required by other development code
provisions for landscaping, streets and parking lots:
. Retainage of less than 25% 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°/4 of existing trees over 12 inches in caliper requires that
iwo-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that
50% of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation;
➢ Identification of all trees which are proposed to be removed; and
➢ A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRlOR 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.
�M1T16ATION [Refer to Code Section 18.790.060.E1
REPLACEMENT OF A TREE shall take place according to the following guidelines:
➢ A replacement tree shall be a substantially similar species considering site characteristics.
➢ If a replacement tree of the species of the tree removed or damages is not reasonably
available, the Director may allow replacement with a different species of equivalent natural
resource value.
➢ If a replacement tree of the size cut is not reasonably available on the local market or would
not be viable, the Director shall require replacement with more than one tree in accordance
with the following formula:
. The number of replacement trees required shall be determined by dividing the
estimated caliper size of the tree removed or damaged, by the caliper size of the
largest reasonably available replacement trees. If this number of trees cannot be
viably located on the subject property, the Director may require one (1) or more
replacement trees to be planted on other property within the city, either public property
or, with the consent of the owner, private property.
➢ The planting of a replacement tree shall take place in a manner reasonably calculated to
allow growth to maturity.
IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in performing such tree
replacement_
[� CLEAR YISION ARFA [Rei�r to Code Chapter 18.7951
The City requires that CLEAR VISION AREAS BE MAINTAINED BETV1/EEN THREE (3) AND
EIGHT (8) FEET tN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size
of the required clear vision area depends upon the abutting street's functional classification and any
existing obstructions within ihe clear vision area. The applicant sf�all show the clea�vision areas on
the site plan, and identify any obstructions in these areas.
CtTY OF 716ARD Pre-Appficatior►Conference Notes Page 6 of 9
Reside�al Appica6onlPlarnirg Dirision Sacion
❑ FUTURE STREEi PLAN pND E)(TFNSION OF STREETS [Reier to Cade SecGan 18.810.030.FJ
A FUTURE STREET PLAN shall:
➢ Be filed by the applicant in conjunction with an apptication 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 �outes and
pedestrian facilities on or within 500 feet of the site.
Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall
be extended to the boundary lines of the tract to be developed.
,� ADDITIONAL LOT DIMENSIONAL REQUIREMEMTS [Refer to Cade S�cbon 18.810.0601
MINIMUM LOT FR�NTAGE: 25 feet unless lot is created through the minor land partition process.
Lots created as part of a pa�tition 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 fimes the minimum lot size of the applicable zoning district.
❑ BLOCKS [Refer to Code Section 18.810.090)
The perimeter of BLOCKS FORMED BY STREETS SHALL N�T EXCEED 1,800 FEET measured
along the right-of-way center line except where street location is precluded by natural topography,
wetlands or other bodies of water or, pre-existing development.
When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided
through the block.
CODECNAPTERS
_ 18.330�c«�a�,�u�� �8.F)ZO(Tgard Triargle Design S�) _ 'I$.TCS(OH-Streel Paikin9�-��9���)
_ 18.340�o:�rS�����r 18.630 Nv�n.gro�sy��R��c�� _ 18.775�se��R�,�
_ 18.350(P�ao�ed oe�e�o�t) _�18.705�Ao�9�rc��,� _ 18.780�sg��
_ 18.360�s����c�� 18.710�n�«y R�„r�u��� _ 18.785 Re�«ary use Pe�s� .
_ 18.370(Variar►oeslAd�ustrr�ents) 18.715 toensi�y Comq��ons) �! 18.790(rree Removaq
_ 18.380�zo�,y n�rr�nn�a��) 18.720 to��co„��,s�) �18.795�v�c�n�)
_ 18.385�P�� 18.725��,r�P��s�} _ 1$.798�nr.�c��F��
_ 18.390��,r��aa sn,ay) 18.730��To o�s�1 !/8.810�sa�a uc��s�,a��
_ 18.410�a�;,e na�m,�� 18.740�o,�y� _
� 18.420�P�� 18.742�o�,�s�P��
_ 18.430�s�nd�� � 18.745��,y a�s«�:g s���a
Y 18.510��a�,�z«�:,9 o�a�� 18.754�n��a,�a�n�aw�R�y��s«��
_ 18.520�co�►�z«�:g�� 18.755(Moced sobd was�e�tecycrny swraye)
_ 18.530�a,d�m�z«�oaa�� 18.760��►►�:,y s�,as�}
CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9
�nv�,�y a,�is�n s�csoa
� ADDIT10NAl CONCERNS OR COMMENTS:
s�a� � _ � �-
s'- , � �-
O b :
can�o�rr� v �' l�'a�c. Lrr►wD A�`r T��r�+ -�` .E
�
rsoc�ousE
s'►'��E Administrative Staff Review.
��ol�c � 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.
APPUCATION SUBMtTfAI PROCESS
Afl APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVIStON 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 acceatance 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'/�' x 11" map of a proposed project should be submitted for attachment to the staff report or
administ�ative decision. Application with unfolded maps shall not be accepted.
The Planning Division and Engineering Department will perform a preliminary review of the
application and will determine whether an application is complete within 30 days of the counter
submittal. Staff will notify the applicant if additional information or additional copies of the submitted
materiats are required.
CITY OF TIGARD Pre-Appfication Conference Notes Page 8 of 9
�n�y a�,s�o�
1
• The administrative decision or public hearing will �pically occur approximately 45 to 60 days after an
application is accepted as being complete by the lanning Division_ Applications involving difficult or
protracted issues or requiring review by other jurisdictions may take additional time to review.
Written recommendations from the Planning staff are issued seven (7) days prior to the public
hearing. A 10-day public appeal eriod follow �II land use decisions. An appeal on this matter
would be heard by the Tigard �r,,uu�s ..u,�r . A basic flow chart
which iUustrates the review process is av lab from the Planning Division upon request.
Land use applications requiring a public hearing must have notice posted on-site by the
applicant no less than 10 days prior to the public hearing.
This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE
INTENDED TO INFORM the prospective applicant of the primary Community Development Code
requirements applicable to the potential development of a particular site and to allow the City staff
and prospective applicant to discuss the opportunities and constraints affecting development of the
site.
SUBDIYISION PLAT NAME RESERYATION [County Surveyor's Office: 593-648-8884)
PRlOR 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 ihe faxed confirmation of
approval from the County of the Subdivision Name Reservation.
BUIlDIN6 PERMITS
PLANS FOR BUILDING AND OTHER RELATED PERMITS WI�L NOT BE ACCEPTED FOR
REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED_ Final inspection approvals by
the Building Division will not be granted until there is compliance with all conditions of
development approval. These pre-application notes do not include comments from the
Building Division. For proposed buildings or modifications to existing buildings, it is
recommended to contact a Building Division Plans Examiner to determine if there are
building code issues that would prevent the structure from being constructed, as proposed.
Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be
demolished has system •development charge (SDC) credits and the underlying parcel for that
structure will be eliminated when the new plat is recorded, the City's policy is to apply those system
develoament credits to the first building permit issued in the development (UNLE�S OTHERWISE
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 pl to the development of your site plan. Failure of the staff to provide
information required by the C�e shall not constitute a waiver of the ap plicable standards or requirements.
It is recommended that a pros�pectiye applicant either obtain and read t�e Community Development Code or
ask any questions of City statt�relative to Code requirements prio�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:
fliY OF TIGA P NNI DIYISION - STAFF PERSON HOLDING PRE-APP. MEEnNG
PNONE: (S03) 639-4171 FNC (S03) 684-7291
E-MAIL• �ro�rz rn���)@a.tigard.or.us
T1TLE 18(CITI OF TIGARD'S fOMMUNITY DEYELOPMENT CODE)INTERNET ADDRESS: www.ci�igard.or.us
H:\pattylmasierslPre-App Notes Residential.doc Updated: 26-Jun-02
(Engineering section:preapp.eng)
CIN OF TtGARD Pre-Appl'�cation Con(ererxe Notes P 9 d 9
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APPLICATION
MINOR LAND PARTITIDN
9090 S.W. �MARA STREET
FEBRUARY 2005
YEDINAK
FACT SHEET
Project Name: Yedinak Partition
Proposed Action: 2-Lot Minor Land Partition
Tax Map: 2S102DC
Tax Lot: 00511
Lot Size: 0.54 Acre
Property Address: 9090 SW Omara St.
Tigard, OR 97223
Location: South side of Omara Street just west of the western
intersection of Chelsea Loop and Omara Street
Zoning: 4-4.5
Applicant/Owner: Martin & Christine Yedinak
9090 SW Omara St.
Tigard, �R 97223
Planning/Surveying Firm: ZTEC Engineers
3737 S E 8th Ave.
Contact:
Portland, OR 97202 �
Ph. 503-2335-8795
FAX: 503-233-7889
Pre-Application Meeting: 9/23/04
Date: February, 2005
1
ATTACHMENTS
1 . Proof of Ownership: Deed of Conveyance &
2004 Property Tax Statement
2. Site Diagram with Proposed Second House & Setbacks
3. Vicinity Map
4. Topographic Map
5. Pre-Application Conference Notes Part 1-Planning
6. Pre-Application Conference Notes Part 2-Engineering
7. Arborist's Report-Tree Preservation & Protection Plan (A & B)
8. Visual Clearance Diagram
9. Clean Water Services-Sensitive Area Pre-ScreeRing Site
Assessment
10. Area Transportation Maps
11. Area Hazards Maps
12. Preliminary Partition Plat Drawing
13. Addendum to Setbacks
14. Preliminary Proposed House Plans
2
GENERAL INFORMATION:
The applicants are requesting approval of a 2-lot minor land partition. The subject site,
spe�cifically identified as Tax Lot 00511 of Tax Map 25102DC, is approximately 0154
acres and is currently zoned R-4.5 (Residential, 7500 square foot minimum lot size) by the
City of Tigard. The site has scattered trees throughout with the largest relegated to the
perimeters of the property. Topographically, the site slopes gently downhill to the north
and northeast with the lowest point in the northeast corner.
V1CINITY & SITE INFORMATION:
Site Location
This site is located along the south side of Omara Street, immediately to the west of where
Chelsea Loop's west end contacts Omara. (Site and Vicinity Maps Attachments 2& 3)
Existing Use
The property currently oontains a single-family residence. The home will remain as
designated on lot 1.
To�ography
The site slopes downhill to the northeast, with the low point in the northeast corner of 189
feet and a high point of 200 feet in the southwest comer. (Diagram -Attachment 4)
Vegetation
The site contains mature firs, cedars and deciduous trees generally around the periphery ofi
the property and near the existing house plus two filbert trees near the proposed new
boundary line between parcels 1 & 2 and several fruit and nut trees toward the south and �
east sides of the property. Other vegetation onsite is typical of urban landscaping.
Surroundinq Land Use
Omara Street lies adjacent to the north of the property. Adjacent and to the west lies a
single family residence on 0.54 acres. Adjacent and to the east lies a single family
residence on 0.54 acres. Adjacent and to the south lies a single family residence with a 2-
story garage on 0.54 acres.
Transportation
The closest bus routes are on Hall Blvd. and Omara, where bus route 76 can be utilized.
These bus stops are 0.2 miles from the property. Development in the area includes a
proposed traffic light for the library, which lies at the Omara Street-Hall Blvd. intersection.
The transportation system in the immediate vicinity is adequate for the added traffic o'f one
new home.
Along this portion of Omara Street, full-street improvements with curb, gutter, street lights
and sireet trees are in place on the north side of the street from Frewing Street to
Edgewood street. These improvements are not yet in place on the south side of the
street.
3
PROJECT DESCRIPTION
The applicants are requesting approval to perform a two-lot partition on a parcel of land
containing approximately 0.54 acres (23,994 square feet). This partition will create Parce4
1 (in the front with the existing house) of approximately 9601 square feet and Parcel 2 (in
the back) of approximately 13,339 square feet (11, 329 sq. ft. without the flag access).
Access to the back parcel will be via a paved driveway 10 feet wide on a deeded right of
way 15 feet wide by 95 feet long, running along the west boundary of the property. The
intersection of this drive with Omara Street will be free of visual obstructions throughout a 30
foot triangle from the property line along each side of the driveway, as shown in Attachment
8. The lone tree shown contacting this triangle lies in the adjacent property just west of the
subject property. This 12 inch diameter street tree is free of leaf-bearing branches from
ground level to a height of 6.5 feet.
The existing house is on a septic system. Upon creation of Sanitary Sewer
Reimbursement District No. 23 a sewer main with laterals was installed under Omara Street.
One lateral has been run to the property line of 9090 SW Omara St., where it awaits
connection to the existing house on the properry. Prior to construction of a second house
on the property, the existing house will be connected to the sewer lateral and the existing
septic system will be decommissioned in accordance with Washington County health
requirements. Also, a request will be submitted for construction of a second sewer lateral to
be connected to the new house at the appropriate phase of construction.
An existing water meter from a water line under Omara St. serves the existing house. A
new connection to the water line with a water meter for the proposed new house will be
requested prior to commencement of construction of that house.
Storm water from the site currently drains to the northeast to Omara Street (where there is
a surtace water drain at the junction of the existing driveway and Omara Street) and onto the
adjacent property to the east. The applicants understand that they are responsible for
taking action to deal with the increased storm water runoff which will be produced by the
construction of a second home on this property. In accordance with the Ciry's request at the
pre-application conference, the applicants are requesting a fee-in-lieu of constructing a storm
water quality/detention facility on the property.
4
,
APPLICABLE DEVELOPMENT CODE CRITERIA
The following discussion addresses the chapters of the City of Tigard Development Code
that were determined to be relevant to this Type I I application during a pre-application
meeting held with the City of Tigard on September 23, 2004.
Chapter 18.390 Decision-Making Procedure
18.390.040 Type II Procedure
A. Pre-application Conference:
A. A pre-application conference was held on 9-23-04. (Attachments 5 &6) �
B. Apnlication Requirements:
A Type II application with all requested information and a check for $2,825
are attached. Payment for two sets of pre-stamped and pre-addressed envelopes for all
the property owners of record as specified by the City of Tigard will be made on request.
A copy of the Deed of Conveyance plus the latest property tax notice (Attachment 1) are
provided as proof of ownership. An impact study and preliminary development plans
(Attachment 2) are also attached.
Chapter 18.420 Land Partitions
18.420.050 Approval Criteria
A. A{�nroval Criteria
1. This application complies with all known statutory and ordinance requirements and
regu(ations.
2. There are adequate public facilities to serve the proposal. Sanitary sewer services for
parcel 1 and 2 will be provided by the sewer main under Omara Street. One lateral has
been run to the property line of 9090 SW Omara St., where it awaits connection to the
existing house on the property. A second lateral will be installed to service Parcel 2.
There is existing water service to Parcel 1. Water service to Parcel 2 will be provided by
tapping into the existing main on S.W. Omara Street.
3. A storm water drainage plan is shown on the attached Preliminary Partition Plat
(Attachment 12). This shows the that the proposed parcels will both drain to the existing
storm water drain on the northwest side of the property on S.W. Omara Street. The
applicants are choosing to pay a"fee-in-lieu of providing water quality treatment facility for
the additional 2,500 square feet of impervious area to be created in the new parcel. The
applicants understand that the $210 fee-in-lieu will be assessed when receiving building
permits.
4a. The parcels within this partition meet the lot width requirements of the R.45 zone.
b. The parcels created with this partition meet the minimum lot area requirements of
7,500 sq. ft. Parcel one will be 9601 sq. ft and parcel 2 wifl be 11, 329 sq. ft. There
is a right of way of 883 sq. ft for access to Parcel 2.
5
c. The parcels created with this partition front S.W. Omara Street. Parcel two will have
a legally recorded street access frontage of 15 feet. Parcel 1 will have a street
frontage of 83 feet.
d. For the purposes of this application, the front yard setback for the existing house is
taken from the property line along S.W. Omara street and will be 35 feet. The rear
yard will be 36.5 feet, the side set backs will be 13.5 feet to the east property line
and 5 feet to the access driveway to the west. Parcel 2 designated front yard
setback will be 21 feet on the east facing side of the property. Rear side setback
will be 15 feet on the west facing side of the property. Side setbacks will be 10
feet on the south and 45 feet on the north side of the proposed structure.
e. A flag lot will be created by this partition.
a. No side yard will be less than 10 feet.
b. Between the existina house and the structures on the adjacent properties
are distances of 43 feet to the east and 47 feet to the west. The nearest
structures to the ro house will be 71 feet to the north and 126 feet to
the south. There are no structures to the east and west of the proposed
house on abutting properties.
f. There is an access way of 15 feet (10 feet paved) proposed to access the flag lot
(parcel 2). An existing fence provides screening to the west of the proposed
access way. A fence will be constructed to the east of the proposed access way to
provide screening to the existing property to the east.
g. There are no access ways that would have a detrimental effect on fire f+ghting
capabilities. No tumaround is required for fire vehicles.
h. There is no common drive. Access to Parcel 2 is indicated on Site Map and will be
a deeded right of way. Access to Parcel 1 is an existing driveway.
5. Parcel 1 and Parcel 2 will both obtain access from S.W. Omara Street. The
driveways will comply with City of Tigard standards.
6. This project is not located in or adjacent to a one hundred year flood plain.
7. There is no application for variance to the standards with this application except as
allowed under Chapter 18.730.020 Exceptions to Building Height Limitations.
18.420.060 Final Plat Submission Requirements
The requirements of this section will be met when the final plat is submitted to the City.
18.420.070 City Acceptance of Dedicated Land
This application is not proposing to dedicate any new land to the City or County.
However, 883sq feet on the north side of both properties has been dedicated as required
by the City of Tigard as a public right -of way for future street improvements.
6
18.420.080 Recording Partition Plats
The requirements of this section will be met when the final plat is submitted to the City. The
Pre�iminary Partition Plat Drawing (attachment 12) accompanies this appl+cation.
Chapter 18.510 Residential Zoning Districts
18.510.020 List of Zoning Districts
D. R-4.5 Low-Density Residential District
This application is for the development of two parcels. Parcel 1 will be
approximately 9601 sq. ft and parcel 2 will be approximately 11, 329 sq. ft and will
meet the requirements of R4.5 zoning. Each parcel will accommodate one single
family residence.
18.510.030 Uses
All the uses proposed in this�application are permitted.
18.510.040 Minimum and Maximum Densities
One single family residence is proposed for Parcel 2. There is an existing single family
residence on Parcel 1. This application meets the minimum density allowed for this property
urrder the current zoning rules.
18.510.050 Development Standards
A. Compliance required.
This development complies with all applicable development standards and does not
propose any adjustments or variances except the qualification for increased building height
limitation under Chapter 18.730.020 addressed on page 8 of this document.
B. Devefopment Standards
This development meets the standards as listed in Table 18.510.2 of the City of Tigard
Development Code.
Chapter 18.705 Access/Egress/Circulation
18.705.030 General Provisions
B. Access la�. n r�uirement
Site plans are included in this application to indicate access, egress and circulation
requirements fulfilled for both parcels (Attachments 2, 3 & 10). Each lot will have
one access with a minimum width of 15 foot and a minimum pavement width of 10
feet.
7
D. Public street Access
Both parcels in this partition have public street access and egress directly from and
onto SW Omara Street (Attachments 2,3 & 12) .
E. Curb Cuts
SW Omara Street does not presently have curbs on the south side, where the
applicants' property is located. Therefore, no curb cuts are required for this project.
F. Reauired walkway location.
This application is not proposing any public street improvements. The applicant will
enter into a Restrictive Covenant for future improvement of SW Omara Street in
accordance with City of Tigard Standards.
G. Inadequate or Hazardous Access.
There is clear vision in all directions and direct access to Omara street from both
parcels. There is a minimum access of 15 feet width to both parcels providing
adequate access for emergency vehicles. The access or egress for both parcels is
r�ot within 200 feet of an arterial street intersection. Driveway access for parcel one
is 60 feet from the intersection of Chelsea Loop with S.W. Omara street to the north
of the property (Attachments 8, 11 & 12).
H. Minima!access.
This partition proposes separate access for each parcel onto SW Omara Street.
Both accesses will have a minimum of 10 ft wide paved access and an access width
of 15 ft. Length of proposed driveway to flag lot (Parcel 2) is less than 100 ft. A
vehicle turnout will be provided on parcel 2 to avoid excessive vehicular backing.
Chapter 18.730 Exceptions to Development Standards
18.730.020 Exceptions to Building Height Limitations
C. Building height s and flag lots.
2. This development proposes to create a flag lot (Parcel 2) with a sole access
from a private drive. A single family dwelling of no more that 35 feet in height
is proposed to be constructed on this parcel.
a. The proposed dwelling complies with the applicable d+mensionat
requirements of the zoning district.
b. A 10 foot side yard will be preserved. Setbacks will be 21 feet to the
east, 15 feet to the west, 10 feet to the south and 45 ft. to the north of the
proposed structure.
c. All abutting residential structures are located greater than 50 feet from the
nearest point of the proposed subject dwelling. The distance between the
exi tin house and the structures on the adjacent properties are 43 feet to the
east and 47 feet to the west. The The nearest structures to the ro
house will be 71 feet to the north and 126 feet to the south. There are no
structures east or west of the proposed house on abutting properties.
8
,
d. If any windows 15 feet or more above grade will be facing dwelling
unit window or patios on any abutting lots, screening vegetation will be
planted to mitigate direct views.
Chapter 18.745 Landscaping and Screening
18.745.030 Applicability
The applicants have included a site plan (Attachment 2) and a tree preservation plan
(Attachment 7} with this submission.
18.745.030 General Provisions
A. Obligation to Maintain.
The applicants accept responsible to maintain all landscaping and screening in good
condition so as to present a healthy, neat and orderly appearance. They will
replace or repair them as necessary and keep the property free from refuse and
debris.
B. Prunina required
The applicants accept responsibility for pruning, trimming of all plant growth on the
property so that it will not:
1. interfere with the maintenance or repair of any public utility;
2. restrict pedestrian or vehicular access; and
3. constitute a traffic hazard because of reduced visibiliry.
C. Installation Rec�uirements
All landscaping shall be installed according to accepted planting procedure, be of
materials of high grade and shall meet the size and grading standards of the
American Standards for Nurberg Stock (ANSIZ60, 1-1986) and shall be installed in
accordance with the provisions of this title.
D. Certificate of Occupanck
The applicants are aware that certificate of occupancy shall not be issued unless the
landscaping requirements or other arrangements have been made and approved
by the City such as the posting of a bond.
E. Protection of Existing Veaetation.
A Tree Preservation & Protection Plan is submitted for the protection of existing
vegetation during construction. All plants to be saved are noted on the plan
(Attachment 7).
F. Care of Landscaping Along Public Riahts-of-wav.
Landscaping in public right-of -way is currently maintained by the applicants. The
applicants agree to enter into a Restrictive Covenant for the future street
development along Omara Street for both parcel 1 and parcel 2.
H. Height restrictions abutting public right-of-wa�
No trees, shrubs or planting more than 18 inches in height shall be planted in the
public right -of way abutting S.W. Omara street which currently has no established
curb and gutter.
9
18.745.040. Street Trees
The applicants agree to comply with the standards and requirements of the City of Tigard
with respect to the planting and protection of trees fronting S.W. Omara St. and choose to
enter into a Restrictive Covenant for future street improvements on S.W. Omara Street.
Chapter 18.765 Off -Street Parking and Loading Requirements
18.765.020 Applicability of Provisions
A. New Construction
At the time of the erection of a new structure on Parcel 2, off street vehicle parking
will be provided in accordance with Section 18.765.070
18.765.030
A. Off street parking egress and access is provided for both parcels as indicated on the
site plan (Attachment 2).
B. A minimum of one off street parking space is provided on both parcels.
18.765.040
B. 1. Access drives from the street shall be designed and constructed to facilitate the
flow of traffic and provide maximum safety for pedestrian vehicular traffic on the
site.
2. There are two access drives with a minimum of 15 ft width and with 10 ft of this
width as asphalt surtace.
3. Access drive for parcel 2 is currently defined by fencing on the western property
(ine. It is proposed to provide defining fencing for the eastern side of the
driveway on the lot line for parcel 1.
4. Both parcels have a minimum visual clearance in accordance with chapter 18.795
See attachment 8.
5. Both access drives shall be improved with an asphalt surface.
Chapter 18.790 Tree Removal
Chapter 18.790.030
A. Tree plan reauired
A tree plan for the planting, removal and protection of trees prepared by a certified
arborist is provided with this application (Attachment 7).
B. Plan re�uirements
1. The tree plan includes the location, size and species of all existing trees.
2. No trees over 12 inches in caliper will be removed for this project. No
mitigation plan is required.
10
r
3. One apple, one plum and one pear tree will be removed for this project. A
second apple tree and an English walnut tree may need to be removed or
have roots trimmed, depending on the final footprint of the proposed house
(Attachments 7& 13). All trees in#3 are under 12 inches in caliper.
4. A protection plan defining standards and methods to be used in protection of
trees during and after construction is outlined in the Tree Preservation &
Protection plan (Attachment 7)
C. Subsequent tree removal.
There have been no trees removed from this property in the last 12 months.
18.790.050 Permit Applicability
A. Removal permit required.
No trees shall be removed which are located in or on a sensitive land area as
defined by Chapter 18.775.
18.790.060 Illegal tree removal
No mitigation is required for this project.
Chapter 18.795 Visual clearance Areas
18.795.030 Visual Clearance Requirements
B. There are no hedges, fences, walls or other structures within 30 ft. of property line
which obscure egress from either parcel in this application. There are no hills or
vertical curves which compromise visual fields, access or egress from either parcel 1
or parcel 2. The existing house on parcel 1 is 30 feet trom the right-of-way
dedication. ( Attachments 8, 11 & 12)
18.795.040
B. Non-arterial streets.
Both parcels egress to a neighborhood , non arterial street which is 36 feet in width.
There is a minimum of 30 feet of clear vision along the street right-of -way line in both
directions from the centerline of the access way at the front setback line. The visual
clearance requirements for the proposed driveway are met, as shown by the visual
clearance diagram shown on the Preliminary Partition Plat.
Chapter 18.810 Street and Utility Improvement Standards
18.810.030 Streets
A. Improvements
Parcels 1 and 2 will enter into a Restrictive Covenant for future improvements to
S.W. Omara Street.
11
. 18.810.060 Additional Lot Dimensional Requirements
The lot referred to as Parcel 2 will be created thru the minor land partition process and will
have a minimum of 15 feet of frontage as a deeded access.
The depth of both lots does not exceed 21/2 times the average width.
18.810.090 Sanitary Sewer
The existing house is served by a septic system what will be abandoned with this
development. Sanitary sewer service will be provided by constructing two new sanitary
laterals. One of these sanitary laterals will connect to existmg tees located on the sanitary
main in SW Omara St. Parcel 2 will require an additional tee. The nearest sanitary sewer
line is an 8" line focated in S.W. Omara Street.
18.810.100 Storm Drainage
The storm water for the site drains to the north and east. This application does not propose
to change the current drainage pattem. the existing house as well as the future house will
drain to S.W. Omara Street. The future house will route the storm water from its roof to the
existing storm pipe located in the north of the site.
The applicant is choosing to pay $ 210 as"fee-in-lieu" of providing storm water quality
treatment facilities. This fee will be paid on request.
18.810.120 Utilities
Water services will be provided to Parcel 2 by tapping in to the existing water main in
S.W. Omara. A new water meter will be requested for Parcel 2.
The applicants choose to pay an anticipated $ 3,432 as the fee-in lieu" of under grounding
the existing and additional overhead utility lines. This fee will be paid on request.
CLEAN WATER SERVICES BUFFER STANDARDS
R&� 96-44/USA REGULATION- CHAPTER B
There are no sensitive areas adjacent to this property. The Clean Water Services
certification is included in the application. (Attachment 9)
12
IMPACT STATEMENT AND ACCESS MANAGEMENT
FOR
YEDINAK PARTITION
FEBRUARY 2005
IMPACT STUDY
Chapter 18.390.040 & 18.390.050
Purpose
The purpose of the Impact Study is to review existing public facilities and address any
proposed modifications what will help mitigate the proportionate project impacts that will
likely occur as a result of development.
All necessary facilities for serving this site are currently in place within the public right -of way
in S.W. Omara Street. Transportation, storm water, sanitary sewer, water and other private
utility systems are all available and adequate in the immediate vicinity of the proposed
development.
Transportation S, stem
This development fronts SW Omara St. to the north. SW Omara street is a 36 ft-wide
paved street that does not have curb and guttering or sidewalks on the development
(south side) of the street. S.W. Omara St. is classified as a Local Residential Street and
provides access to homes on this site.
The existing streets in the vicinity are adequate for the addition of one new home.
The closest bus routes are on Hall Blvd. and Omara, where bus route 76 can be utilized.
These bus stops are 0.24 miles from the property. Development in the area includes a
proposed traffic light for the library, which lies at the Omara Street-Hall Blvd. intersection.
The transportation system in the immediate vicinity is adequate for the added traffic of one
new home. ( Attachment# 10}
Along this portion of Omara Street, full-street improvements with curb, gutter, street lights
and street trees are in place on the north side of the street from Frewing Street to
Edgewood street. These improvements are not yet in place on the south side of the
street.
The access to the proposed parcel ( Parcel 2) and the existing house(Parce! �) is on SW
Omara Street.
Drainage S�stem
The storm water for the site drains to the north and east. This application does not propose
to change the current drainage pattern. The existing house as well as the future house will
drain to S.W. Omara Street. The future house will route the storm water from its roof to the
existing storm pipe located in the north of the site. No storm drainage improvements are
necessary as a part of this project. A "fee-in-lieu of a storm water qualiry facility will be paid.
13
:
Water SXstems
There is an existing 8"water line in S.W. Omara Street. The existing house is connected
via a 3/4 "water meter on the northeastern property line. A lateral will be created for the
proposed residence and a second meter installed on the western boundary of the property
(see Attachment 12). As designed, the proposed house will need a 3/4n meter. If cost
permits the addition of a 3rd bathroom (upstairs), the proposed house will need a 1" meter.
The existing 8" water line (with approximately 95 PSI) will supply more than adequate flow
and pressure for the domestic and fire flows to the proposed residence.
Parks System
This development is not proposing to donate any land to the City of Tigard for open space
or parks. Fanno Creek Park is less than 1/4 mile from this project and is adequate to serve
the proposed addition of one single family residence.
Sewer System
The current house is served by a septic system that will be abandoned with this
development. Sanitary sewer service will be provided by constructing two new sanitary
laterals. One of these sanitary laterals will connect to an existing tee located on the sanitary
main in SW Omara St. Parcel 2 will require an additional tee. The nearest sanitary sewer
line is an 8" line located in S.W. Omara street (see Attachment 12).
Noise im�
This proposed development is a residential partition which will create one additional
residential parcel and should not generate any extraordinary noise impacts to the
surrounding neighborhood.
Emerge�services/Fire Protection
Access driveways to both parcels are no longer than 100 feet. Therefore, no turnaround is
required for emergency vehicles. There is a fire hydrant immediately north of the property
on the corner of Omara Street and Chelsea Loop as indicated on Preliminary Plat Drawing
(attachment 12).
PUBLIC FACILITIES
Riaht of WakDedication
A Right of Way Dedication for Neighborhood Route with Bike Lanes of 29 feet from center
line is provided as indicated on Preliminary Partition Plat.
Street Improvements
The applicants have chosen to participate in a Restrictive Covenant for future
improvements of SW Omara Street.
Overhead Utility Lines
Section 18.810.120
There are existing overhead utility lines along S.W. Omara. The applicants choose to pay
a fee of$3,432 in lieu of placing overhead utility lines underground.
Storm Water Quality
The applicants choose to pay fee in lieu of oonstructing an on site water quality facility. This
fee is anticipated to be approximately $ 210. Payment will be made on request.
14
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� PARTITION PLAT �'°'M'° �°°` - --
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a R=�eT�F P�arIJ�.S 7f .��1 2«� 3 Of inE�LP- ` _'lf,'W�.^.'"
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ZTec ENGINEERS INC.
3�77 S.i.6T�+AvfhUE,PCRT�AND, ORFGPV 9)202
PH: ISa3)235-8]5S�nK. (SG3)233-�BB9
DA'E� �0-2?-OS
SURVEYOR'S CERTIFICATE:
��Q'�:,,,�„�� DECLARpTlON:
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ACIL^lO1fI.EDGNENT: , .
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10/2A/20o5 12 35 FAif :032975991 TI:OR TITLE PETERKOAi wani�pto�cowuy,orpon
� 7b1812005 01:31:57 PM 2005-158957
o,�rr cra•t �m.e d oReeoar
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Oe t.4Riew eeuna G.n ror Wutinymn ew,+v. ��\,
rpsn,aMrMYnrqNtn�Ih.MqYnimtrumwita• .,: y.
w7anOwrnw�war�eneero.a�n .eseha .
Manin J.6c Christine G.Yedinak ^°•"�°'�'•°°� ,�,���,,,a., "; �
9090 SW Omard Street .Nmawn..�,or�ao.LTw.'.m.�tuwm.no��,��.�
fiCrncie Cwnh CiaY
Tigard,OR 97L3
PARTiTION PLAT CONSENT AFFIDAVIT
We, Mongage Eleceronic RegisuaCOn Systrms, Inc., beneficiaries of that Trust
Deed as recorded on June 20,2UO3 in Docummt No. 2003-099820,Washington County
Deed Records,hereby consent to the dedication and platting of PARTITION PLAT NO.
r�?d0 h -Dla�/ . Washington Counry P1at Reeordc. We nlso const.at to the
dedicatioa of all public rights-of-way ar►d the gcanting of all public and private
casemrnu.
The Plat is preparod by Chris Fischbom of Ztech,Engincers Inc., The Plat is locatcd in
Scction 2, Township 2 South, Rang� 1 West, Willamette Metidian, City of Tigard,
Washington Counry,Ore�on.
By:
��:_,�v�� .
S7ATE OF(��Rt'��t�i �
COU`dTY OF `Sr n G�''ts )ss.
This'nsaument was acknowiedged befQ re me the �S day of �Q�e v�bee-,2005
by�e ne e -P�k� as_ }E l�f
Mortgege Electonic Regis�ation Systems,Inc.
�/l�� /L� '�� su��w r�
NotaryPublicfor P�e�'� ewt��..ct��j l�c� N �iA�mm,l1382349Y
My Commission Expires �o- z9-�� 4 �w+n��wr.,�" �
r 4r�.EqYp Oa.}�,� �
OCT-28-2005 12�36 5032975991 97: P.02
; J�✓ WuhlfqlOn Counly�Crqe�
� 7111 W2005 04:J7:S3 iM 2005-158958
/ J WRUL CR�1 �•0 J OR{OORY
. .�� fZ0.00 i�.00117.G0•TOW�1�7.00
� After recording,retum to: �Illl��ll�ll��`�III IIII`�ull�l`IIIIII`I IIIIIII�
City of Tigard—Records Division �^ � �n � (�
13125 SW Half BNd. ooae�o�oioaso�se9seooaoaa
Tgard�OR 97223 i.�.m.�,.,.e.,o��,�..�...m.�.�en..z�,.
�ne 4-0mcio counb C�.r��a Wu�p�tountr
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J�rryR�Nmen.pnaer MNM1H1tYNT�a�nc- ��
ERd�cls bwlY CIM
RESTRICTIVE COVENANT
(FUTURE STREET IMPROVEMENTS)
THIS AGREEMENT is entered into this�jh day of Nov, 2005, by the Ciry of Tigard,a Municipal
Corporation of Washington County, Oregon, ("CITY"), and Martin J. & Christine G.
Yedinak ,("OWNER").
RECITALS
WHEREAS OWNER is the Owner of record of Property covered by this Agreement as shown in Section
1 below,and
WHEREAS OWNER has received approval of a development on the Property trom the CITY,as set forth �
in MLP20�5-00002 dated 6-4-05.and '
WHEREAS Chapter 18.810 of the TMC(Tigard Municipal Code)contains certain conditions applicable to
street improvements,and issuance of permits is conddioned on OWNER'S compliance with the TMC,
and �
WHEREAS OWNER wishes to mitigate the impacts of the proposed development,and
WHEREAS parties wish to fulfill the requirements of Chapter 18.810. I
IN CONSIDERATION of the mutual promises,covenants and undertakings,and the issuance of a
building permk in advance of OWNER constructing improvements required by the TMC,the parties agree
as follows:
Section 1: The real property subject to this Agreement is described as follows:
-% �4 I�
Parcels 1 d 2 of Pardtlon Pla!No. '� ,rocorded as Documen!No. ,Washlnyton County, ,
�oos-c�v o•�o". * * �zoo�is89s6
OWNER agrees that the terms of this Agreement shall bind the OWNER as well as its
heirs,successors in interest or assigns.
Section 2: The improvements covered by this Agreement are as follows:
SW Omara Street
HaH-street improvemerrts per City of Tigard Design Standards for a Neighborhood Route.
Restrictive Covenant(Future Street Improvements) Page 1 of 4
' �.,w....�nA,
IIII IIIIIIIIIIII I111111111
2006-�6YO6Y
Section 3: Fhis Agreement shall be in ful{ force and effect from the date of its execution until the
improvements referred to in Section 2 are constructed in accordance with CITY standards
in effect at the time of construction.
Section 4: CITY agrees that the improvements listed in Section 2 will only be required as a result of
any one of the following events:
{1) when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
(2) when the improvements are part of a larger public project to be financed or paid for
in whole or in part by CITY or other public agency,
(3) when the improvements are part of a larger project to be constructed by a third
party and involves the sharing of design and/or construction expenses by the third
party owner(s)of property in addition to the property described in Section 1,or
(4) when construction of the improvements are deemed to be appropriate by the City
Engineer in conjunction with construction of improvements by others adjacent to
the improvements described in Section 2.
in addition to this Agreement, OWNER'S obligation to share design andlor construction
expenses may arise by apptication of the Reimbursement District Ordinance; Chapter
13.09,TMC, or any similar ordinance or law providing a process whereby such expenses
are distributed among benefited propeRies.
Section 5: OWNER agrees to sign any and all waivers, petitions, consents and all other documents
necessary to obtain the above listed applicable improvements under any improvement act
or proceeding of the State of Oregon, Washington County, or the CITY as may be
proposed or adopted and to waive all right to remonstrate against the improvements listed
in Section 2 above, submitted either atone or in conjunction with other improvements
described in Section 4, as may be proposed. OWNER agrees that in lieu of any other
document, CITY may treat this Agreement as a waiver of remonstrance on behalf of the
property described in Section 1 against formation of such a Local Improvement District.
OWNER covenants and agrees that the improvements described in Section 2 will specially
benef'd OWNER'S property as deacribed in Section 1.
Section 6: If CITY decides to form a Local Improvement District as a mechanism for the installation of
improvements listed in Section 2, then OWNER shall retain the right to protest only the
amount or the manner of spreading the assessment,but not the formation of such disVict.
Section 7: CITY acknowledges that OWNER'S execution and performance af the terms of this
Agreement constitutes compliance with the requirements of TMC Chapter 18.810.
Section 8: OWNER agrees that if CITY causes the improvements listed in Section 2 to be
constructed, or part of such improvements without regard to the source of funds for such
project, but not as part of a Local Improvement Dis2rict,then CITY will charge to OWNER '
, and OWNER will promptly pay OWNER'S share of the cost of such improvements.
OWNER'S share will be determined by CITY in a manner similar to spreading the cost of a
pubfic improvement to specially benefded properties. The parties intend OWNER to share
in the cost of improvements even though actual construdion is undertaken and perfortned
'� by some third party, so long as the improvements, listed in Section 2, are included within
I the project.
Restrictive Covenant(Future Street Improvements) Page 2 oi 4
�«...,,,�+
iiiiiiiiiiiiiiii� iiiiiiiiii
z�_,��
(1) Except as otherwise provided in subsection(2)of this section,prior to construdion
of such improvements under this section, OWNER shall be provided not less than
six (6) months written notice by first class mail that the project will be built. The
notice shall advise OWNER that OWNER will share in the cost of such
improvements and provide OWNER with an estimate of the total project cost as
well as an estimate of OWNER'S share of the costs. Failure to provide this"six
month" notice in advance of construction shall not nullify OWNER'S obligation to
pay, but shall only extend the payment due date by the amount of time less than
six months that notice was given,but not more than six months. Upon completion
of improvements pursuant to this Section, CITY shall provide written notice to
OWNER of OWNER'S share of the actual cost of the improvements and OWNER
shall pay OWNER'S share within sixty(60)days. If OWNER's share of the cost of
the improvements is 510,000 or more,the owner may elect to pay the City in 10
equal annual installments, with the first installment due within 60 days of the
notice. The instatlment option shall be available only if the OWNER provides
written notice and the first payment within 60 days of the notice. If the installment
option is chosen, the unpaid amounts shall bear interest at the then legal rate of
interest. Interest on overdue payments shall bear interest at the rate of one and
one-half(1 'r4%)per month from the date the payment is due until paid.
(2) Where the improvements listed in Section 2 are constructed by a third party, who
seeks reimbursement in accordance with the Reimbursement District Ordinance,
Chapter 13.09,TMC, or a similar ordinance,then the terms and procedures of the
ordinances shall apply in lieu of the provisions in subsedion(1)of this section.
Section 9: At any time prior to the events listed in Section 4, OWNER or OWNER's successors may
pay to the CITY an amount determined by the CITY to be OWNER's share of the
anticipated cost of the future improvements. Payment under this section shall discharge
all of OWNER's obtigations under this Agreement. City shall use the funds received under
this section solely to pay for the costs of the improvements.
Section 10: CITY and OWNER intend that all tenns of this AgreemeM shall be covenants,cond'Rions,
and restrictions running with the title to the property covered by this Agreement, and shall
be binding upon parties to this qgreement,their heirs,executors, assigns, administrators,
and successors and ahall be construed to be a benefit and a burden upon the property
described in Section 1. The parties agree the CITY may,far purposes of recovering the
cost of improvements described in Section 2, levy an assessment against the property,
described in Section 1, and may enforce payment of such assessment in the manner
provided in ORS Chapter 223 or the general laws of the State of Oregon.
Section 11: Promptly after its execution by the parties,this Agreement shall be recorded in the records
of Washington County to provide public notice and especially notice to future ovmers of
property, described in Section 1 of the wnditions, covenants and restridions against the
title to the property imposed by this AgreemeM.
Section 12: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In
addition to any other legal remedies, OWNER'S failure or refusal to comply with this
AgreemeM shall constitute a violation of the TMC and the rigMs,remedies,and penalties
provided in the TMC may also be eniorced.
�
ResVictive Covenant(Future Strcet Improvements) Page 3 of 4
M�wen M�.1nA�
. iiiiiiiii�iiii�ii�iiiiiiii
xems-�seese
Section 13: If suit or action is instituted to er�force a right guaranteed in this agreement,the prevailing
party shall be entitled to, in addition to the statutory costs and disbursemerrta, a
reasonable attomey's fee to be fixed by the trial and appellate courts respedively.
Sedion 14: The parties agree that if any term of provision of this agreemeM is dedared by a court to
be illegal or in conflid with any law,the validity of the remaining terms and provisions shall
not be affected,so long as this agreement continuea to reflect the interrt of the parties.The
parties shall negotiate an equitable adjustmeM of this agreemerrt so that the purposes of
this agreement are effected.
OWNER(S):
� y O� .o.il b�i...a v�-�=G
Signature Signature
�OI/// .I. /t�in � �/�ffQ/rf11N'E N 7/ED//✓/4/C
Name(Print or ype) Name(Prinf or Type)
Tdle(Print or Type) TRIe(Print or Type)
Acknowladgment of OWNER'S signature{s) must be notarized. Whare the OWNER is a corporation, it
has caused its name to be signed by rosolution or official approval of its board of directors.
STATE OF OREG� )
CouMy of �k
�n this .� day l�L�h v , 20�J^before me a Notary Public,
�Ar '� T � �^'��� y �% ��< < �+c eersonally appeared and acknowledged that
the foregoing instrument to be their voluntary act and deed. � �
Before me: /Cyilc�aCL.�ta-�
OFFlCIAL SEAL NOtB PUbI1C f0f�y�,,O�
PAM BENSON ry `"°1�
}\,�\ ti 07AA�?UBLVC-OAEGON
�.�-p :,OMMiSSION NO.354808 My commisaion expires: yZL-O�
s:`.„�s":a�'.�,�,NEXPI.'tiE5APR1�22,2006
Accepted on behalf of the City of Tigard this�S�day of �Qc..w+L�✓ ,20 0'S.
Q �. �1�_—i
City Engineer
NO CHANGE IN TAX STATEMENT
�,
Reshictive Covenant(Future Street Improvements) Page 4 ot 4
I
Jan 13 06 03: 17p F1 - egan (Laptopl 50: 37- 1976 p. l
,
� JAN-12-2006 09:54 PM �F2GISERI!_YEDFNAK 5036843573 P. 03
• ��������
To:Mr.Gary Pagenstad�er iAN 17 1006
City oi Tipard Plannirg De�srtment
Mr. Pegenstechvr, `�Y�TM�A�:}
Please revlerr thls Islter abrg with Ih�Tree Pr�plectfort Plen(Atlechme�r����9�Sacks
(sttachmsnt 13) 9ubrnitted wlth our origirMl MLP appnc�,lfan tor our prpperry at 80DO SW Omars St in'ti�asd. Upor�
re+Aew,we�ek that you approve thls proposed modllicatlon to our trae prbteCtion p4an.
Propo�sd Modl�tcatton 10 Trw Prot�atlon Phe for Yedlnak Partitlon � �OOS-Rf0402: t/t0/b�
My w�e snd I have finelized plene!or the I�oms eo be built on Paroel 2 ot th�e property(n4w known as 9096 SW.
Omara St}. Owral}di�r�ensions ot Ihe houss arv 58 R wlde by 61 ft.deep. Wlth thQ 16 fL�Wbsck from the west
boun�arY,tM t+ouse wou�e com��o w�tldn t o R.v�tt�appls(tr+vo e)�the welnut(tres 7)and the pvach(tree 8). Once
prv�ctivo tsncinQ for these ueea waa in plaoo.lt�ere wauid be very I�apsc:s br the oon�tructlon workers to bulld ti�s
houee(only 5 K hom the protactive bnck�p lor the w�nut treel. In addltbn,the exietinA cenapy of the walnut would be
actuelly to�ching ths seeond elory af the nouse. 7o prevent thie would requlrs trequent t►�mmlr►g ot uiaf slde ot the
tree�dng!�e houee tC U�s sxtant that tt1e tree would sithsr looic lop�idtd or severNy over Mmmed In fuluro yoers.
As indiaatied in the'Addandum tio Sstbecks'{Att�chment 13)submi�ed wifh our arig�r�al MLP appMcetiort.i
�oneutted wiEh our arborlst,h�.Tsny FlerEegen�about what 60�o In such a elluatlon. Hia recomcnshdation wea 10
�ernove thoBe traea wtMch could r�o!be dde�quatsly prot�d.
Can�ldeting all the�e faclora,wo propooe the tolbwlnp modlf{catlon tn fhs T�Prot�cl{or►Wan tor Parcel 2 M
our proQerty:Rertaw tho apple(tree e).tfw walnut(trei 7j end tt►8 pe�ch(free 8)�therefore,4eleEa from the tree
protecUon plan the protectlw fandng b�Ihsee 3 trees,Thia woufd leave the�'ee proteCdon ies�oN�g Mndlca,md in the
otiglr�ai O�a�s probsCUon pfan for trass 1,2�9.ta 8 1 t. As ori�inal�y indiaaled.tr�9e�12-1 g ere tar er�ouph from the
construciion alte ihat lhey wlq not nsed prc�ec�ive fer�dnp. !f lrtls plan modiflcation i�alpproved.fhe tr�remdning
benind the existing hou0e wlll�e tress 1,2,a.�o. 1'1 &12-i5,s me�o���reee,
. TMN dlsmeta�of the 3 eddltb�ll t�s 6o ba removed are 6"(trae 8). 14"(tree 7)atx!4' �tree e). BJnce
ttNs project s�N wot�ld not be removing any trees greaeer then t 2'k►d�amstar.r�o rt�llpsdon vrould be requlred as a
teault of thls am�ndsd tres ptotectlon piar►.
SinCerely. -
,����: .,�.,�... ..,..... �/i/��6'
�,�. Y�au�
3tsteme�t by Mr.Terrenoe P.Fisn�.ce�ltiad erbalat�k►support�f thfe plan.
►nave revlewad tt�s amendmerrc a ths trs�probctlon plar+�d�ve�oPed ttx tdk.and Mra.Yedtr+alc in Jarnae►r 2005. t
berb++e mat n is a 1op�c�l end achlevable plen to eneble them�buHd thelr p►onoa�d home whlle provl0ir�adevunte
protection tor etl 9 tree sdN Ider�t�sd lor refer�tlon.
.I...��:�'[:��.,�.:��... .......�.�j��..�..°..,.......
Yarronca P. Flana�gan .. Daat�9
ISA Ce�tlflsd M�ater Arbo�fat iPN-0120,�i'�
�
� � � � �G «!�'
f /I �/
L- '��_4/�r�/ . . ��('(�-�� �/
To: Mr. Gary Pagenstecher
City of Tigard Planning Department
Mr. Pagenstecher,
Please review this letter along with the Tree Protection Plan (Attachment 7) and Addendum to Setbacks
(attachment 13) submitted with our originat MLP application for our property at 9090 SW Omara St. in Tigard. Upon
review, we ask that you approve this proposed modification to our tree protection plan.
Proposed Modification to Tree Protection Plan for Yedinak Partition # 2005-00002: 1/10/06
My wife and I have finalized plans for the home to be built on Parcel 2 of this property(now known as 9096 SW.
Omara St.). Overall dimensions of the house are 56 ft. wide by 51 ft. deep. With the 15 ft. setback from the west
boundary, the house would come to within 10 ft. of the apple (tree 6), the walnut(tree 7)and the peach (tree 8). Once
protective fencing for these trees was in place, there would be very little space for the construction workers to build the
house (only 5 ft. from the protective fencing for the walnut tree). In addition, the existing canopy of the walnut would be
actually touching the second story of the house. To prevent this would require frequent trimming of that side of the
tree facing the house to the extent that the tree would either look lopsided or severely over trimmed in future years.
As indicated in the'Addendum to Setbacks'(Attachment 13) submitted with our original MLP application, I
consulted with our arborist, Mr. Terry Flanagan, about what to do in such a situation. His recommendation was to
remove those trees which could not be adequately protected.
Considering all these factors, we propose the following modification to the Tree Protection Plan for Parcel 2 of
our property: Remove the apple (tree 6), the walnut(tree 7)and the peach (tree 8);therefore, delete from the tree
protection plan the protective fencing for these 3 trees. This would leave the tree protection fencing indicated in the
original tree protection plan for trees 1, 2, 9, 10& 11. As originally indicated,trees 12-15 are far enough from the
construction site that they will not need protective fencing. If this plan modification is approved,the trees remaining
behind the existing house will be trees 1, 2, 9, 10, 11 & 12-15, a total of 9 trees.
. The diameters of the 3 additional trees to be removed are 9" (tree 6), 11" (tree 7)and 4" (tree 8). Since
this project still would not be removing any trees greater than 12"in diameter, no mitigation would be required as a
result of this amended tree protection plan.
Sincerely,
............................................................
Martin J. Yedinak
Statement by Mr. Terrence P. Flanagan, certified arborist, in support of this plan.
I have reviewed this amendment to the tree protection plan I developed for Mr. and Mrs. Yedinak in January 2005. I
believe that it is a logical and achievable plan to enable them to build their proposed home while providing adequate
protection for all 9 trees still identified for retention.
........................................................... ......................................
Terrence P. Flanagan Date
ISA Cefified Master Arborist#PN-0120 BT
10/4/2006
�'onditions Associated With 4:22:19PM
��+'�i�L� Case #: MLP2005-00002
Condition Status Updated
Code Title Hold Status Changed By Tag Date By
1?. Prior to issuance of building perrnits for Parcel =?, the applicant shall ensure all proposed tree
protection fencing is installed and inspected by the City Forester. Fencin�shall remain in place through the
duration of home building. After approval from the City Forester,the tree protection measures may be
removed.
0001 RECORD A DEED RESTRICTIO None Met 1/9/2006 SJR 1/9/2006 SJR
13. Prior to issuance of buildin�permits,the applicant shall record a deed restriction for each lot to the
effect that any tree larger than l2 inches in diameter shall not be removed unless the tree dies or is
hazardous according to a certified arborist. The deed restriction may be removed or will be considered
invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous
tree. THIS IS NOTE NO 2 ON THE RECORDED PLAT.
0001 SIGHT OBSCURING FENCE& S None Met 10/4/2006 GBP ]0/4/2006 GBP
14. Prior to occupancy,the applicant shall install a sight obscuring fence(or evergreen hedge)and street
trees along the western edge of the proposed accessway serving Parcel #2.
[This condition is no longer applicable because of a joint access agreement with the neighboring property
owner. See Easement Agreement 2006-092623 filed with the County on 8/2/06,copy in the land use file.]
0001 PHOTOMYLAR COPY None Met 12/29/2005 KSM 12/29/2005 PLN
15. Prior to issuance of building permits,the applicant shall provide the Engineering Deparnnent with a
"photomylar"copy of the recorded final plat.
0001 OVERHEAD UT LINES UNDER None Met 1/9/2006 KSM 1/9/2006 BLD
16. The applicant shall either place the existing overhead utility lines along SW O'Mara Street 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 utiliry lines and will be$35.00 per lineal foot. If the fee option
is chosen,the amount will be$3430.00 and it shall be paid prior to issuance of building permits.
0001 PAY FEE INLIEU WTR QUAL/Ql None NOT MET KSM 6/20/2005 DLW2
17. During issuance of the building permit,the applicant shall pay the fee in-lieu of constructing an on-site
water qualiry and water quantity facility. The fee is based on the total area of new impervious surfaces in
the proposed development.
0001 REVISED PRELIM PLAT None Met 11/4/2005 GBP 11/4/2005 ST
1. Prior to final plat approval the applicant shall submit a revised preliminary plat that shows the visual
clearance area accurately, in accordance with(TCDC)Section 18.795.040.
NOTE: This condition erroneously requires the visual cleance area to be shown on a revised preliminary
plat. Instead,a visual clearance triangle should be shown on a revised site plan prior to issuance of building
permits.
0001 PFI PERMIT None Met 11%4/2005 KSM 1]/4/2005 ST
2. A Public Facility Improvement(PFI)permit is required for this project to cover sewer taps,storm
drainage improvements 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 [mprovement Design Standards,which are available at Ciry Hall and the Ciry's web page
(www.ci.tigard.or.us).
OOOI EXACT LGL NAME/ADD/PHON None Met 11/4/2005 KSM 1 1/4/2005 ST
3. 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.
0001 PAY ADDRESSING h'�:�; None Met 12/1/2005 KSM 12/1/2005 ST
4. Prior to final plat approval,the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley
Treat, Engineering).
Page 2 of 3 CaseConditions..rpt
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PO Box 230194 �
Tigard, OR 97281 �
10-1-06 �
Mr. Gary Pagenstecher
Planning Department
Tigard City Hall
13125 SW Hall Blvd.
Tigard, OR 97223
Re: MLP 2005-00002
Gary,
Several weeks ago I spoke with you about the procedure for my wife and I to follow if we
were to put in a joint access driveway with our neighbor, Daniel Franco. The purpose of
this driveway proposal is to provide access for the new home being constructed on our flag
lot at 9096 SW Omara St. and for the home Mr. Franco hopes to build if he is able to
divide his property at 9130 SW Omara. You said that once we had filed a joint access
agreement with Washington County we should write to you about the impact on our new
home at 9096 SW Omara.
As I mentioned when we last talked, Mr. Franco is planning to apply for a minor land
partition to divide his property at 9130 SW Omara some time in the next year. Because
he hopes to begin building within 12-18 months, he has asked that we not put in more
fencing or plant street trees along the west side of the joint access drive (See Exhibit A in
the attached Easement Agreement) until he has had a chance to build a new home for
himself, provided that his MLP application is approved.
If this request is approved, we would pave the east side 10-foot wide section of the drive
as construction of our new home is completed in the next 6-8 weeks, but hold off paving
the west side until completion of Mr. Franco's new home. In addition, we ask for a
postponement of the construction of a fence and the planting of street trees along the west
side of the joint access drive until completion of Mr. Franco's new home and the completion
of the west side of the joint access drive.
Please let me know if there is anything else I need to submit with this request and
aproximately when I can expect to hear about the decision on it.
Sincerely,
...�'�?'� �
Martin J. Y ak
� � Washlnqton County,Oregon 200s-092623
, 08I07 '03:16:53 PM
� � D•E Cnt�t 8tn■12 8 PFEI�ER
• 520.00 56.00 311.00•Total=537.00
I
Upon Recording, return to: ooasos�azoosooazszsooaooa�
I,Rlch�rd Hob�mlcht,Dlnctor o!A�uummt and
Martin Yedinak Tazatlon�nd EY-ORlclo County Cl�rk for W��hlnpton
P. 0. B ox 23 0194 County,Onaon,do h�r�by urtlfy that th�wlthln ��:�� ��;
In�trum�nt of wrltlnp wu ne�lv�d and ncord�d In th�'',: ;�,i
book of nwrd�of�dd qayr�y � 7 �( , �- �� `
Cf�a.4i�K V J�04f.W� � �' � ''q�
Tigard, OR 97281 Rleh�rd W.Hob�mleht,Dlnetorof Au�nm�nt and
T�x�tlon,EzaMelo County CI�rM
EASEMENT AGREEMENT
This Easement Agreement(the "Agreement")is made effective as of July O1,2006 between
Daniel S Franco,of 9130 SW OMARA ST, Tigard, Oregon 97223 and Martin & Christine
Yedinak,of 9096 SW OMARA ST, Tigard, Oregon 97223.
In the Agreement, both parties are granting the right to use the driveway referred to as
"OMARA PARTITION ACCESS DRIVEWAY", for access to future housing
development at the above-named properties.
The parties agree as follows:
1. GRANT OF EASEMENT. Daniel S Franco owns 9130 SW OMARA ST, Tigard,
Oregon 97223,the legal description of which is: Lot 13,Edgewood in the City of Tigard,
Washington County, Oregon . Martin& Christine Yedinak own 9096 SW Omara St,
Tigard, Oregon 97223,the legal description of which is: Parcel 2,Plat Number 2005-064,
in the City of Tigard, Washington County, Oregon. Both parties will retain title and their
ownership of the named properties. This agreement would be contingent to the City of
Tigard granting Daniel S Franco pern-uts to partition and build upon his property described
above. This driveway easement grant only applies to the following described geographical
area: Refer to attached Exhibit A,dated July 15, 2006.
2. TERM. The agreement term will begin on July O1,2006 and will grant perpetual
easement with all its privileges and responsibilities to the persons identified in Clause 1
above, and to their respective heirs,executors, administrators and successors in interest.
3. PAYMENT OF ROYALTY. There will be no payment of royalty by either party.
4. MODIFICATIONS. Unless the prior written approval of Daniel S Franco and Martin
& Christine Yedinak is obtained, the OMARA PARTITION ACCESS DRIVEWAY may
not be modified or changed in any manner.
5. ARBITRATION. All disputes under this Agreement that cannot be resolved by the
parties shall be submitted to arbitration under the rules and regulations of the American
Arbitration Association. All costs of azbitration shall be divided equally between the
parties. Any award may be enforced by a court of law.
. � • .
party is obtained. At the time of such transfer of title, the party transferring their title will
relinquish all rights and responsibilities described in this grant of easement.
7. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the
parties and there are no other promises or conditions in any other agreement whether oral
or written. This Agreement supersedes any prior written or oral agrccments between the
parties.
8. AMENDMENT. This Agreement may be modified or amended, if the amendment is
made in writing and is signed by both parties.
9. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it would become valid or enforceable,
then such provision shall be deemed to be written, construed, and enforced as so limited.
10. APPLICABLE LAW. This Agreement shall be governed by the laws of the State
of Oregon.
11. MAINTENANCE. The maintenance of this driveway shall be a shared responsibility
and each of the parties shall share the cost of maintaining it. The obligation to share
maintenance costs shall begin when construction of the shared portion of the driveway is
completed.
12. INSURANCE. Each of the parties to this agreement shall maintain liability insurance
which, at a minimum, meets 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 parcel as additional insured in connection with the use of the easement.
�
Page 2 of 3
Partv of 9130 SW OMARA ST Tigard, Ore�on 97223:
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a
D iel S Fra o
Date: _��r��a �
Partv of 9096 SW OMARA ST Ti�ard, Ore�on 97223:
,
Martin edin
C�•-, +L��---�. oG�Q •
Christine Yedinak
Date: ���j��
STATE OF OREGON )
) ss.
County of Washington )
This instrument was acknowledge before me on 7--l S� Z CJ U L (date)
by: h 1 � S ��'/�h C U ///�7i'�/'� l'��h w �� C�7�N r r� `—
��G�i h � �L
— �_ Notary's Signature .
OFFICIAL SEAL My Commission Expires: �?._ p� c�q
ApNA BARGHOUTY
VOTARY PUBLJC-0REGON
MY COMM S�ONID(PIRES FEB.2?�p9
Page 3 of 3
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EXHIBIT A
JULY 15, 2006
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9090 SW OMARA ST i 9130 SW OMARA 5T
TIGARD, OREGON 97223 �, TIGARD, OREGON 97223
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Omara Street