MLP2005-00005 � �
NOTICE OF TYPE II DECISION
;.:�� '�. MINOR LAND PARTITION (MLP) 2005-00005
�:: -
CITY OF TIOARD
PADDOCK PARTITION Communiry�Deve�t
Shaping�BetterCommumty
120 DAYS =10/15/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: PADDOCK PARTITION
CASE NOS: Minor Land Partition (MLP) MLP2005-00005
Administrative Variance (VAR) VAR2005-00063
Administrative Variance (VAR) VAR2005-00064
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
.46-acre lot into two (2) parcels for detached single-family residences. A
single-family dwelling exists on the subject parcel and is proposed to remain on
Parcel #1. To accommodate the existing dwelling on proposed Parcel #1 after
dedication of seven feet to the SW Grant right-of-way, a corner side yard setback
Variance is requested to permit the reduction of the required 15-foot setback to
2.95 feet. A second Variance is requested to reduce the front yard setback from
20 feet to 12 feet to accommodate the dedication of right-of-way on Johnson
Street.
APPLICANT: Paddock Rouse, LLC OWNER: Same
Attn: Ryan Paddock
4340 SE Johnson Creek Blvd.
Milwaukie, OR 97222
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: 9865 SW Johnson Street; WCTM 2S102BA, Tax Lot 1800.
PROPOSED PARCEL 1: 8,135 Square Feet.
PROPOSED PARCEL 2: 10,000 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chap�ers 18.370, 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 MLP2005-00005/PADDOCK PARTITION PAGE 1 OF 22
,
�
CONDITIONS OF APPROVAL
PRIOR TO COMMENCING ANY ON-SITE IMPROVEMENTS, INCLUDING CLEARING, GRADING,
EXCAVATION, AND/OR FILL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
e app ican s a prepare a cover e er an su mi � a ong wi an�y suppo in�g ocumen
and/or plans that address the following reguirements to the CURRENT PLANNIf�iG DIVISION,
ATTN: Gary Pa enstecher 503-639-4171,.EXT 2434. The cover letter shall clearly identify where
in the submitta�the required information is found:
1: Prior to site development, the applicant shall submit a tree protection plan for tree#8 on Parcel #2
to the City Forester for review and approval.
The applicant shall prepare a cover letter and submit it, along with an su�pp ortin documents
and/or �plans that address the following reyuirements to the ENGI�ERING D�ARTMENT,
ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in
the submittal the required information is found:
2. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is req uired
for this project to cover half-street 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 Improver�ent Design Standards, which
are available at City Hall and the City's web page (www.ci.tipard.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 �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.
4. The applicant shall provide a construction vehicle access and parking plan for approval by the
City Engineer. The purpose of this plan is for parking and traffic control during the public
improvement construction phase. All construction vehicle parking shall be provided on-site. No
construction vehicles or equipment will be permitted to park on the adjoinmg residential public
streets. Construction vehicles include the vehicles of any contractor or subcontractor involved in
the construction of site improvements or buildings proposed by this application, and shall include
the vehicles of all suppliers and employees associated with the project.
5. 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.
6. Any extension of public water lines shall be shown on the proposed Public Facility Improvement
(PFI) permit construction drawings and shall be reviewed and approved by the City's Water
Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of
the water system costs must be on deposit with the Water Department prior to approval of the PFI
permit plans from the Engineering Department and construction of public water lines.
7. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit
drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and
Planning Manual, February 2003 edition."
.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
e app ican s a prepare a cover etter an su mit it, a ong wit any supporting ocuments
and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,
ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where
in the submittal the required information is found: '
8. 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.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 2 OF 22
The applicant shall prepare a cover letter and submit it,^along with any supporting documents
and/or plans that address the following requirements to the ENGINEERING DEPARTMENT,
ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in
the submittal the required information is found:
9. Prior to final plat approval, the applicant shall provide the City with as-built drawings of the public
� improvements as follows: 1� 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if
available; otherwise "DXF" wi I be acceptable, and 3) the as-built drawings shall be tied to the
City's GPS nefinrork. The applicanYs engineer shall provide the City with an electronic file with
�oints for each structure (manholes, catch basins, water valves, hydrants and other water system
eatures) in the development, and their respective X and Y State Plane Coordinates, referenced
to NAD 83 (91).
10. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT:
Shirley Treat, Engineenng).
11. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate
in the future improvements of SW Grant and SW Johnson Streets ad�acent to the subject
property, when any of the following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in whole or in
part by the City or other public agency,
C. when the improvements are par� of a larger project to be constructed by a third party and
involves the sharing of design and/or construction expenses by the third party owner(s) of
property in addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by the City Engineer
in conjunction with construction of improvements by others adjacent to the subject site.
12. The applicant shall either place the existing overhead utility lines along SW Grant Street
underground as a part of this project; or they sFiall pay the fee in-lieu of undergrounding The fee
shall be calculated by the fronta�e of the site that is parallel to the utility lines and will be $35.00
per lineal foot. If the fee option is chosen, the amount will be $7,105.00 and it shall be paid prior
to final plat approval.
13. 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.
14. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/En�ineering Permit Technicians, at (503) 639-4171, ext. 2421).
C. The final pla and data or narrative shall be drawn to the minimum standards set forth by
the �regon Revised Statutes (ORS 92.05), Washington County, and by the Ci�y of Tigard.
D. The right-of-way dedication for Johnson and Grant Streets shall be made on tFie final plat,
providmg 27 feet from centerline.
E. I�IOTE: lNashington County will not begin their review of the final plat until they receive
notice from the Engineering Department indicating that the City has reviewed the final plat
and submitted comments to the applicant's surveyor.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 3 OF 22
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:
e app icant s a prepare a cover etter an su mit it, a ong wit any supporting ocuments
and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,
ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where
in the submittal the required information is found:
15. The applicant. shall include the requirement to plant street trees as part of any future street
improvement m the restrictive covenant for proposed Parcels #1 and #2 identified in Condition
#11 above.
16. 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 dura�ion of home building. After approval from the City Forester, the tree protection
measures may be removed.
The applicant shall prepare a cover letter and submit it, along with any supporting documents
and/or plans that address the following requirements to the ENGINEERING DEPARTMENT,
ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in
the submittal the required information is found:
17. Prior to issuance of building permits, the aPplicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
18. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the
public improvements substantially complete. Substantial completion shall be when: 1) all utilities
are installed and inspected, for compfiance, including franchise utilities, 2) all local residential
streets have at least one lift of asphalt, 3) any off-site street and/or utilitjr improvements are
substantially completed, and 4) all street lights are installed and ready to be energized. (NOTE:
the City apart from this condition, and in accordance with the City's model home policy may issue
model home permits).
19. During issuance of the building permit for Parcel 2, the applicant shall pay the standard water
quality and water quantity fees per lot (fee amounts will be the latest approved by CWS).
IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE
COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST:
18.430.080 Im rovement A reement:
e ore ity approva is ce i ie on t e final plat, and before approved construction plans are issued by
the City, the Subdivider shall:
1. Execute and file an agreement with the City Engineer specifying the period within which all
required improvements and repairs shall be complefed; and
2. Include in the agreement provisions that if such work is not completed within the period specified,
the City may complete the work and recover the full cost and expenses from the subdivider.
The agreement shall stipulate improvement fees and deposits as may be required to be paid and may
also provide for.the construction of the improvements in stages and for the extension of time under
specific conditions therein stated in the contract.
18.430.090 Bond:
s require y ection 18.430.080, the subdivider shall file with the agreement an assurance of
performance supported by one of the following:
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 4 OF 22
1. An irrevocable letter of credit executed by a financial institution authorized to transact business in
the State of Oregon;
2. A surety bond executed by a surety company authorized to transact business in the State of
Oregon which remains in force until the surety company is notified by the City in writing that it
may be terminated; or
3. Cash.
The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a
registered civil engineer, to assist the City Engineer in calculating the amount of the performance
assurance.
The subdivider shall not cause termination of nor allow expiration of said guarantee without having first
secured written authorization from the City.
18.430.100 Filin and Recordin :
i m ays o e ity review and approval, the applicant shall submit the final plat to the County for
signatures of County officials as required by ORS Chapter 92.
Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded
final plat.
18.430.070 Final Plat A lication Submission Re uirements:
ree copies o t e su ivision p at prepare y a an sunreyor licensed to practice in Oregon, and
necessary data or narrative.
The subdivision 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.
STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS:
Centerline Monumentation
n accor ance wit regon Revised Statutes 92.060, subsection (2), the centerline of all street and
roadway rights-of-way shall be monumented before the City accepts a street improvement.
The following centerline monuments shall be set:
1. All centerline-centerline intersection points;
2. All c�l-de-sac center points; and
3. Curve points, beginning and ending points (PC's and PT's).
All centerline monuments shall be set during the first lift of pavement.
Monument Boxes Re uired
onument oxes con orming to City standards will be required around all centerline intersection points,
cul-de-sac center points, and curve points.
The tops of all monument boxes shall be set to finished pavement grade.
18.810 Street& Utilitv Improvement Standards:
18.810.120 Utilities
uti ity ines inc uding, but not limited to those required for electric, communication, lighting and cable
television services and related facilities shall be placed underg round, 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.
18.810.130 Cash or Bond Re uired
improvements insta e y t e subdivider shall be guaranteed as to workmanship and material for a
period of one year following acceptance by the City.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 5 OF 22
Such guarantee shall be secured , by cash deposit or bond in the amount of the value of the
improvements as set by the City Engineer.
The cash or bond shall comply with the terms and conditions of Section 18.810.180.
18.810.150 Installation Prere uisite
o an ivision improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs,
lighting or other requirements shall be undertaken except after the plans therefore have been approved
by the City, permit fee paid and permit issued.
18.810.180 Notice to City Reg u�ired
or s a not egin untiTt�ie City has been notified in advance.
If work is discontinued for any reason, it shall not be resumed until the City is notified.
18.810.200 En ineer's Certification
e an ivi ers engineer s a provide written certification of a form provided by the City.that all
improvements, workmanship and materials are in accord with current and standard engineenn� and
construction practices, and are of high grade, prior to the City acceptance of the subdivision's
improvements or any portion thereof for operation and maintenance.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE
DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS
DECISION.
SECTION III. BACKGROUND INFORMATION
Pro ert Histo :
e su ect ot is located within the City of Tigard. The property is designated Low-Density Residential
on the �igard Comprehensive Plan Map. The subject lot was developed with a single family dwelling
prior to implementation of the Tigard Development Code. No land use approvals were found to be on
file.
Site Information and Pro osal Descri tions
e su �ect parce is approximatey feet west of Fanno Creek and 750 feet north of Pacific
Highway in a portion of the city that developed early. The parcel is surrounded by land zoned R-4.5 on
three sides and bordered on �he east by land zoned R-12. The applicant is requesting a Minor Land
Partition to partition, one (1) existing .46-acre lot into two (2) parcels for detached single-family
residences. An existing single-family dwelling exists on the subJ'ect parcel and is proposed to remain on
Parcel #1. To accommodate the existing dwelling on proposed Parcel #1 after dedication of seven feet
to the SW Grant Street right-of-way, a corner side yard setback variance is requested to permit the
reduction of the req uired 'f5-foot setback to 2.95 feet. A second variance is requested to reduce the
front yard setback from 20 feet to 12 feet to accommodate the dedication of right-of-way on Johnson
Street.
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.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 6 OF 22
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 contamed 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 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.
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 83 feet in width;
parcel #2 is also 90 feet wide. The�efore, 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 8,104 and 10,000 square feet
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 parcels meet this standard as Parcel #1 is a
corner lot and Parcel #2 has 101 feet of frontage on SW Grant.
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; side on a corner = 15
feet; and rear =15 feet. The existing house on Parcel #1 is proposed to remain. This structure is
situated approximately 12 feet from the front property line (after a 7-foot right-of-way dedication to the
City for SW Johnson Street), 2.95 feet from the property line (after a 7-foot right-of-way dedication to the
City for SW Grant Street), 23 feet to the proposed property line for Parcel #2, and 53 feet from existing
west side property line. the Grant and Johnson Street front and side yard on a corner setbacks do not
meet the zoning distnct standard. To address this existing condition, the applicant has applied for a
variance which is reviewed and. approved below under the variance section of this decision. The
applicant has not proposed a building for Parcel #2. Setback standards for proposed Lot #2 will be
reviewed at the time of building permit submittal. Therefore, this criterion is met.
NOTICE OF DECISION MLP2005-00005/PADDOCK PAR7ITION PAGE 7 OF 22
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.
No flag lots are proposed in this application. Therefore, this criterion does not apply.
A screen shall be provided along the property line of a lot of record where the paved drive in an
accessway is located within ten feet of an a6utting lot in accordance with Sections 18.745.040.
Screening may.also be required to maintain privacy for abutting lots and to provide usable
outdoor recreation areas for proposed development.
The existing dwelling is served by an existing driveway. No development is proposed for Parcel #2.
Screening may be required for proposed Lot#2 subject to review at the time of building permit submittal.
Therefore, this criterion is met.
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. A
hydrant already exists within 410 feet of the subject parcel on SW Johnson Street.
Where a common drive is to be provided to serve more than one lot, a reciprocal easement
which will ensure access and maintenance rights shall be recorded with the approved partition
map.
There are no existing or proposed shared driveways; therefore this standard is not applicable.
Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and
Circulation.
This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision.
Where landfill and/or development is allowed within or adjacent to the one-hundred year
floodplain, the city shall rec�uire consideration of the dedication of sufficient open land area for
greenway adjoining and w�thin the floodplain. This area shall include portions at a suitable
elevat�on for the construction of a pedestrian/bicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan.
The subJ'ect lot is located 90 feet southwest of the 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)ladjustment(s)will be processed concurrently.
An application for a side yard setback development adjustment from the req uired 10 feet to 2.95 feet and
front yard setback development adjustment from the required 20 feet to 12 feet have been submitted
with this application and are 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.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 8 OF 22
Residential Zoninq Districts (18.510):
Development standards in residential zoning districts are contained in Table 18.510.2 below:
TABLE 18.510.2 - DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-4.5 Parcel1 Parcel2
Minimum Lot Size
- Detached unit 7,500 sq.ft. 8,104 sq. ft. 10,000 sq. ft.
-Duplexes 10,000 sq.ft.
-Attached unit
Average Minimum Lot Width
-Detached unit lots 50 ft. 83 ft. 90 ft. '
-Duplex lots 90 ft.
-Attached unit lots
Maximum Lot Covera e NA � NA
Minimum Setbacks
-Front yard 20 ft. 14 ft. NA
-Side facing street on corner 8�through lots 15 ft. 2.95 � NA
-Side yard 5 ft. 53 ft. NA
-Rear yard 15 ft. 23 ft. NA
-Side or rear yard abutting more restrictive zoning district -- N/A NA
-Distance between property line and front of garage 20 ft. 52 it. NA
-Side Yard Setbacks for Fla Lots DC 18.420.050 A 4 e 10 ft. NA NA
Maximum Hei ht 35 ft. existin NA
Minimum Landsca e Re uirement - NA NA
FINDING: No development is proposed for Parcel #2 and therefore the setbacks are not applicable
for this decision. As demonstrated in the above table, the development standards of the
R-4.5 zone have not been met for proposed Parcel #1. Therefore, a variance is required
to adjust the setback. The proposed vanance has been applied for and, as reviewed
below concurrently in this decision, meets the variance standards and can be approved.
Variances and Adjustments (18.370)
Variances
The purpose of this section is to provide standards for the granting of variances from the
applicable zoning requirements of this title where it can be shown that, owing to special and
unusual circumsfances related to a specific property, the literal interpretation of the provisions
of the applicable zone would cause an undue or unnecessary hardship, except that no use
variances shall be granted.
Applicability of provisions.
The variance standards are intended to apply to individual platted and recorded lots only.
An applicant who is proposing to vary a specification standard for lots yet to be created throu�h
a subdivision process may not utilize the variance procedure unless otherwise specified in
Section 18.730.030, Zero Lot Line Setback Standards, or Chapter 18.430, Subdivisions.
The existing dwelling located on proposed Lot #1 is an unusual circumstance to the subject property
such that tFie literal interpretation of the setback standards would cause unnecessary hardship. The
existing dwelling is located on an individual platted and recorded lot (WCTM 2S102BA, Tax Lot 1800).
Approval process and standards.
Variances shall be processed by means of a Type II procedure, as governed by Section
18.390.040, using standards of approval contained in Subsection 2 below.
The Director shall approve, approve with conditions, or deny an application for a variance based
on findings that the following criteria are satisfied:
The proposed variance will not be materially detrimental to the purposes of this title, to any
other applicable policies and standards, and to other properties in the same zoning district or
� vicinity;
NOTICE OF DECISION MLP2005-0OD05/PADDOCK PARTITION PAGE 9 OF 22
As described below, the.proposed variances will not be materially detrimental to the purposes of this title
or any other applicable policies and standards or other properties in the vicinity.
There are special circumstances that exist which are peculiar to the lot size or shape,
topography or other circumstances over which the applicant has no control, and which are not
applicable to other properties in the same zoning district;
The subJ'ect lot currently has an existing dwelling. The location of the dwelling is such that the setback
standards are not met once dedication of right-of-way is made pursuant to applicable provision of the
Tigard Development Code. Therefore, this criterion is met.
The use proposed will be the same as permitted under this title and City standards will be
maintained to the greatest extent that is reasonably possible while permitting reasonable
economic use of theland;
The proposed residential use is allowed outright in the R-4.5 zone. The proposed variances to side and
front yard setbacks do not affect the current and allowed use in the zone. Therefore, this criterion is met.
Existing physical and natural systems, such as, but not limited to, traffic, drainage, dramatic land
forms or parks will not be adversely affected any more than would occur if the development were
developed as specified in the title; and
Because the building located on the property is existing, this criterion does not apply.
The hardship is not self-imposed and the variance requested is the minimum variance which
would alleviate the hardship.
Because the dwelling is existing and the dedication to the SW Grant and Johnson Streets rights-of-way
is required, the hardship is not self-imposed and the variance requested is the minimum vanance whicF�
would alleviate the hardship. Therefore, this cnterion is met.
The Director shall approve, approve with modifications, or deny an application for a subdivision
variance subject to the criteria set forth in Section 18.370.010.C.
FINDING: As described in the analysis above, the requested side and front yard variances for
proposed Lot#1 meet the variance criteria and are approved.
Access. Eqress and Circulation (18.705):
Continuin� obli�ation of property owner. The provisions and maintenance of access and e ress
stipulated in this trtle are continuing requirements for the use of any structure or parcet o� 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. �
The applicant's engineer has indicated that the existing driveway on Johnson Street will not be altered
and that a new driveway for the second parcel will be constructed on Grant Street. The engineer further
states there is no opportunity to share driveways and there is adequate sight distance for both access
locations.
Section 18.705.030.H.2 states that drivewa�s shall not be permitted to be Qlaced in the influence
area of collector or arterial street intersections. Influence area of intersections is that area where
queues of traffic commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet, measured from the right-
of-way line of the intersectiny 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
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 10 OF 22
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 musf 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.
Both Johnson and Grant Streets are classified as Neighborhood Routes, which are local streets.
Therefore, this criterion does not apply.
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.
No local streets are proposed along either of the two existing local streets. This criterion 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 existing driveway on Johnson Street will not be altered and that a new driveway for the second
parcel will be constructed on Grant Street. Therefore, 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 with direct access to either Grant or Johnson on flat land.
Comments received from Tualatin Valley Fire and Rescue state that there are no conflicts with the
proposed access and the Division's interests. 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%.
No access drives in excess of 150 feet are proposed. Therefore, this standard does not apply.
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.
Grant and Johnson streets are local streets serving a low density residential neighborhood. There is no
reason to restrict the location of the proposed additional driveway Therefore, this s#andard does not
apply.
FINDING: The standards of the Access Management chapter(18.705) have been satisfied.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 11 OF 22
Density Computations (18.7151:
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. Calculating minimum number of residential units. As required by Section 18.510.040, the
minimum number of residential units per net acre shall be calculated b multiplying the
maximum number of units determined in Subsection B above by 80% (0.8�
The subject .46-acre �arcel totals 20,037 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 (8,104 square feet), the Johnson Street right-of-way
dedications (7 feet x 96 lineal feet = 659 square feet) and Grant Street rig ht-of-way (7 feet x 182 lineal
feet =1274) are deducted (20,037 square feet gross — 10,037 square feet deductions = 10,000 net
developable sq uare 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 finro 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 (18.7451:
Street trees: Section 18.745.040
ec ion . 45.040.A.: All development projects fronting on a public street, private street or a
private driveway more than 100 feet in length approved after tF�e adoption of this title shall be
required to plant street trees in accordance with the standards in Section 18.745.040C.
The proposed project includes frontage on SW Grant and Johnson Streets. 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 Grant and Johnson Streets are not improved with curbs and sidewalks along the frontage,
and will undergo street improvements 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.
Bufferinq and Screeninq Requirements: Section 18.745.050.5
The proposed land partition occurs on a parcel surrounded by the same land use designation (R-4.5) as
the subject parcel. Therefore, no buffering or screening is required for the proposed land partition.
FINDING: All of the landscape standards have not been met. However, with a condition of
approval requiring a restrictive covenant requiring planting of street trees alon� SW
Grant and Johnson Streets upon future improvement of those streets, the cnteria
can be met.
CONDITION: 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.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 12 OF 22
Tree Removal (18.7901:
ree 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
a p plication for a subdivision, partition, site develo pment review, planned develo pment or
conditional use is filed. Protection is preferred over removal wherever possible.
The applicant has submitted a tree removal plan (April 12, 2005) prepared by a certified arborist, Mark
Bourg eois. The City Forester reviewed the plan and states the report does not contain a tree protect plan
including how the trees will be protected during construction or where the tree protection fencing will be
located.
The applicanYs Existing Conditions plan identifies trees greater than 6 inches DBH on the subject site.
The plan shows 7 trees on proposed Parcel #1 and four trees on proposed Parcel #2. Three trees less
than 12 inches DBH are proposed to be removed on Parcel #2 leaving one, 10-inch apple in fair
condition. One 27-inch dead walnut is proposed to be removed from Parcel #1 leaving 5 tees greater
than 12 inches DBH in good condition. Less than 25% of trees greater than 12 inches DBH are
proposed for removal. Therefore, no mitigation is required.
Parcel #1 is developed with an existing house and•garage. Four of the remaining five trees on Parcel #1
are located in the dedicated right-of-way,of SW Grant Street. Since no further development is proposed
for this parcel, no protection plan is required. The remaining 10-inch apple tree on Parcel #2 will need to
be protected during any future development. The applicant states that protection fencing will be erected
around tree #8. 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 a 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 ap�roval for a conditional use, and shall not be subject to
removal under any other section o 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
arboris� The deed restr�ction 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.
One 10-inch apple tree will remain on Parcel #2. Therefore, no deed restriction is required, consistent
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:
CONDITION: Prior to any future site development on Parcel #2 (flag parcel # 2 in Tidemark), the
applicant shall submit to the City Forester for review and approval a tree protection plan for
tree #8 to ensure protection fencing is installed and inspected, and that it remain in
place through the duration of home building. After approval from the City Forester, the
tree protection measures may be removed.
Visual Clearance Areas (18.795):
TFis apter requires t at a c ear vision area shall be maintained on the corners of all property
adjacent to intersecting right-of-ways or the intersection of a public street and a private
driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or ,
temporary or permanent obstruction exceeding three (3) feet in height. The code provides that
obstructions that may be located in this area shall be visually clear between three �3) and eight
(8) feet in height. Trees may be placed within this area provided that all branches be ow eight �8)
feet are removed. A visual clearance area is the trian�ular area formed by.measuring from t e
corner, 30-feet along the right-of-way and along the driveway and connecting these two points
with a straight line.
The applicant's site plan does not show the vision clearance triangles for the proposed lots. The visual
clearance areas will need to be shown on a revised site plan.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 13 OF 22
FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards are not
presently met.
CONDITION: Prior to building permits, the applicant shall submit a revised site plan that shows the
visual clearance area accurately, in accordance with Tigard Community Development
Code (TCDC) Section 18.795.040. _
Impact Studv 18.390)
�fion�$� . 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 a�plicant shall provide an impact study to quantify the
effect of development on public facilities and services. For each public facility system and
type of impact, the study shall propose improvements necessary to meet City standard, and to
m�nimize the impact of the development on the public at large, public facilities systems, and
affected private property users.
In situations where the Community Development Code requires the dedication of real property
interests, the applicant shall either specifically concur with a requirement for Qublic right-of-way
dedication, or provide evidence that supports that the real property dedication is not roughly
proportional to the projected impacts of the development. Section 1$ 390.040 states that when a
condition of approval requires the transfer to the public of an interest in real property, the
approval authority shall adopt findings which support the conclusion that the interest �n real
property to be transferred is roughly proportional to the impact the proposed development will
have on the public.
The applicant has submitted an impact study. SW Grant and SW Johnson Streets are currently partially
improved. In order to mitigate the impact from this development, the applicant will provide a future
improvement guarantee for improvements to these streets. 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 capacitjr 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 fhrough meeting the conditions of approval in this
decision.
The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of
development. Based on a transportation rmpact study prepared by Mr. David Larson for the A-Boy
Expans�on/Dolan !1/Resolufion 95-61, TIF's are expected to recapture 32 percent of the traffic impact of
new development on fhe Co!lector and Arterial Street system. The applicant will be required to pay TIF's
of$2,859 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 pro�ect's traffic impact is $8,909 ($2,851 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�6,058 (�8,909-
$2,851). The applicant will be required to dedicate additional right-of-way along SW Johnson and Grant
Streets (approximately 1,940 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 $5,820.00.
Therefore, the required exaction is roughly proportionate.
PUBLIC FACILITY CONCERNS
Street And Utility Improvements Standards (Section 18.810):
ap er . provi es cons ruc ion s n ar s or t e implementation of public and private
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
NOTICE OF DECIS�ON MLP2005-00005/PADDOCK PARTITION PAGE 14 OF 22
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. �ther im�rovements rec�uired may
include on-street parking, sidewalks and bikeways, underground utili ies, street light�ng, storm
drainage, and street trees.
This site lies adjacent to SW Johnson and Grant Streets, which�are classified as Neighborhood Routes
on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW along
both frontages, according to the most recent tax assessor's map. The applicant should dedicate the
additional ROW along both frontages to provide 27 feet from centerline. The applicant should also
dedicate the ROW necessary for the radius corner.
SW Grant Street is currently partially improved. In order to mitigate the impact from this development,
the applicant should provide a future improvement guarantee.
SW Johnson Street is currently partially improved. In order to mitigate the impact from this development,
the applicant should provide a future improvement guarantee.
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
grve 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. �
The subject parcel is a corner lot. There is no opportunity for future street extensions through this
development.
Street Alignment and Connections:
Section 18.810.030.H.1 states that full street connections with spacing of no more than 530
feet between connections is required except where prevented by barriers such as topography,
railroads, freeways, pre-existing developments, lease provisions, easements, covenants or
other restrictions existing prior to May 1, 1995 which preclude street connections. A full street
connection may also be exempted due to a regulated water feature if regulations would not
permit construction.
Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which
abut a development site shall be extended within the site to provide through circulation when
not precluded by environmental or topo�raphical constraints, existing development patterns
or strict adherence to other standards in this code. A street connection or extension is
precluded when it is not possible to redesign, or reconfigure the street pattern to provide
required extensions. Land is considered topographically constrained if the slope is greater
than 15% for a distance of 250 feet or more. In the case of environmental or topographical
constraints, the mere presence of a constraint is not sufficient to show that a street
connection is not possible. The applicant must show why the constraint precludes some
reasonable street connection.
This development is at the intersection of Grant and Johnson Streets. No further connections are
needed.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 15 OF 22
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on
arterials, 12°/a on collector streets, or 12% on any other street (except that local or residential
access streets may have segments with grades u� to 15% for distances of no greater than 250
feet). Centerline radii of curves shall be as determined by the City Engineer.
The grades along the Johnson and Grant Street frontages do not exceed 12%, therefore this criterion is
met.
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 str�ct 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) �rohibits lot depth from bein9 more than 2.5 times
the average lot width, unless the parcel is ess than 1.5 t�mes the minimum lot size of the
applicable zoning district
The lot depth for both parcels is approximately 100 feet; the average lot width for parcel #1 is 83 feet and
for Parcel#2 is 90 feet, 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. Parce! #1 has 100 feet of frontage on SW Johnson
Street. Parcel #2 has 101 feet of frontage on SW Grant Street. 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. Private
streets and industrial streets shall have sidewalks on at least one side.
The applicant's plans indicate a curb-tight sidewalk along the Grant Street frontage. A curb-tight
sidewalk will be allowed as the existing sidewalks in the vicinity are also curb-tight. Sidewalks along SW
Grant and Johnson Streets will be required in the future and will be included in the future improvements
guarantee.
NOTICE OF DECISION MLP2005-000051PADDOCK PARTITION PAGE 16 OF 22
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.
The applicant indicates they will provide a sewer lateral from the main line in Grant Street.
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 development.
Effect on Downstream Drainage: Section 18.814.100.D states that where it is antici pated by the
City Engineer that the additional runoff resulting from the development will overload an existing
dra�na�e facility, the Director and Engineer shall withhold approval of the develoQment until
provisions have been made for improvement of the potential condition or until provisions have
been made for storage of additional runoff caused by the development in accordance with the
Design and Construction Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno
Creek Watershed Mana�ement Plan. Section V of that plan includes a recommendation that local
governments institute a s ormwater detention/effective impervious area reduction prog ram 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.
Small projects such as residential land partitions are not required to provide onsite detention. A fee
in-lieu of a detention system will be allowed.
The applicanYs plan shows the installation of a storm lateral to serve Parcel 2. This lateral is connected
to the storm sewer line in Grant Street.
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.
Grant and Johnson Streets are not classified as bicycle facilities.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 17 OF 22
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes and
meter cabinets which may be placed above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or above, and:
. The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
. The City reserves the right to approve location of all surface mounted facilities;
. All underground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
. Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception to.Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall
pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a
street where existing utilities which are not underg round will serve the development and the
ap p.roval authority determines that the cost and technical difficult� of under-g rounding the
utilities outweighs the benefit of under-grounding in conjunction with the devefopment 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 existin overhead utility lines alon the frontages of SW Grant and Johnson Streets. If the fee
in-lieu is proposed, it is equal to $35.00 per In eal foot of street frontage that contains the overhead lines.
The frontage along Grant Street is 203 lineal feet; therefore the fee would be $7,105.00. If power is
taken from Johnson Street rather than from Grant Street the fee would be $4,060.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
Public Water S stem:
e i o igar provides service in this area. The applicanYs plans indicate the installation of a 3/"
water meter to serve Parcel 2.
Storm Water Quali :
e i as agree to enforce Surface Water Management (SWM regulations established by
Clean ater Services (CWS) Design and Construction Standards �adopted by Resolution and
Order No. 00-7) which require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm
water runoff generated from newly created impervious surfaces. In addition, a maintenance plan
shall be submitted indicating the frequency and method to be used in keeping the fac�lity
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 ons ruc ion Standards also regulate erosion control to reduce the amount of
sediment and other pollutants reaching the public storm and surface water system resulting
from development, construction, grading, excavating, clearing, and any other activity whicFi
accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control
plan for City review and approval prior to issuance of City permits.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 18 OF 22
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#ee shall be paid to the City prior to final plat approval.
Surve Re uirements
e app icant s ina p at shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a
tie to �he City's global positioning system (GPS) geodetic control nefinrork (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
� established by:
. GPS tie networked to the City's GPS survey.
. By random traverse using conventional surveying methods.
In addition, the appIicanYs as-built drawings shall be tied�to the GPS network. The applicant's engineer
shall provide the City with an electronic file with points for each structure (manholes, catch basins, water
valves, hydrants and other water system features in the development, and their respective X and Y
State Plane Coordinates, referenced to NAD 83 (91�.
SECTION VI. OTHER STAFF COMMENTS
City of Tigard Public Works Department has reviewed the proposal and noted that the department will
ins�all a new 1-i�ch water service after meter purchase by owner.
City of Tigard Forester has reviewed the proposal and the applicant's tree removal plan conducted by
a certified arborist, Mark Bourgeois. The report does not contain all four of the required components,
and, is therefore, unacceptable. The plan does not contain any information on how the trees will be
protected during construction. Mr. Bourgeois also does not indicate where the tree protection fencing
will be located.
SECTION VII. AGENCY COMMENTS
Clean Water Services has reviewed the proposal and stated that "it appears that Sensitive Areas do not
exist on-site or within 200 feet from your pro�ect."
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments:
Tualatin Valley Fire & Rescue endorses this proposal and finds no conflicts with our interests with regard
to the partition of the property. At the time of construction on the newly created parcel, Tualatin Valley
Fire & Rescue grants its endorsement predicated on the following criteria and conditions of approval, as
applicable to the type of structure(s):
1. FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS:
ccess roa s s a e wit in ee o a portions o t e exterior wa o t e irs s ory o e
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.
2. DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be
provi e wit an approved turnaround.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 19 OF 22
3. FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER
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
offciaL
4. ADDITIONAL ACCESS ROADS — COMMERCIAL: Where buildings exceed 30 feet in height or
ree stories m eig s a ave a eas t ree separate means of fire apparatus access. Buifdings
or facilities having a gross area of more than 62,000 square feet shall be provided with at least two
separate means of fire apparatus access. Buildings up to 124,000 square feet provided with fire
sprinklers may have a single access.
5. ADDITIONAL ACCESS ROADS —ONE-OR TWO-FAMILY RESIDENTIAL: Where there are more
an one- or o- ami y we ing uni s, not ess t an o separa e approved means of access
shall be provided. Where there are more than 30 dwelling units and all are protected by approved
residential sprinkler systems, a single access will be allowed.
6. ADDITIONAL ACCESS ROADS — MULTIPLE-FAMILY RESIDENTIAL: Where there are more
an mu ip e- ami y we ing uni s, no ess an o separa e approved means of access shall
be rovided. Projects up to 200 dwelling units that are protected by approved residential sprinkler
sys�ems may have a single access. Pro�ects having more than 200 dwelling units shall have two
separate approved means of access regardless of whether they are equipped with fire sprinkler
systems.
7. AERIAL FIRE APPARATUS ACCESS: Buildings or portions of buildings or facilities exceeding 30
eet in eig a ove e owes eve o ire department vehicle access shalf be provided with approved
fire apparatus access roads capable of accommodatmg fire department aerial apparatus. Overhead
utility and power lines shall not be located within the aerial fire apparatus access roadway. Fire
apparatus access roads shall have a minim�am unobstructed width of 26 feet in the immediate vicinity of
any building or portion of building more than 30 feet in height. At least one of the required access
routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet
from the building, and shall be positioned parallel to one entire side of the building.
8. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus
access roa s s a ave an uno structe wi t o no ess an ee ee or up to two dwelling
units and accessory buildings), and an unobstructed vertical clearance of not less than 13 feet 6
inches. Where fire apparatus roadways are less than 26 feet wide, "NO PARKING" signs shall be
installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus
roadways are more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be
installed on one side of the roadway and in tumarounds as needed. Where fire apparatus roadways
are 32 feet wide or more, parking is not restncted.
9. FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on
a ire appara us access roa , t e minimum roa wi t s a e feet.
10. NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate
par e ve ic es an feet of unobstructed driving surface, "No Parking" signs shall be installed on
one or both sides of the roadway and in turnarounds as needed. Roads 26 feet wide or less shall
be posted on both sides as a fire lane. Roads more than 26 feet wide to 32 feet wide shall be
posted on one side as a fire lane. Signs shall read "NO PARKING - FIRE LANE" and shall be
installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches
high and shall have red letters on a white reflective background.
11. SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather
su ace a is easi y is inguis a e rom the surrounding area and is capable of supporting not less
than 12,500 pounds point load (wheel load) and 75,000 pounds live load (gross vehicle weight). You
may need to provide documentation from a registered engineer that the design will be capable of
supportmg such loading.
12. TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 28
ee an ee respectively, measured from the same center poinf.
13. PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red and
mar e NG FIRE LANE" at approved intervals. Lettering shall have a stroke of not less
than one inch wide by six inches high. Lettering shall be white on red background.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 20 OF 22
14. GATES: Gates securing fire apparatus roads shail comply with all of the followin�:
:I�linimum unobstructed width shall be 16 feet, or fwo 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.
15. COMMERCIAL BUILDINGS - REQUIRED FIRE FLOW: The required fire flow for the building shall
no excee , ga ons per minu e or e avai able GPM in the water delivery system at 20
psi, whichever is less as calculated using I C, Appendix B. A worksheet for calculating the required
fire flow is available from the Fire Marshal's Office.
16. SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for
sing e ami y we ings an up exes serve y a municipa water supply shall be 1,000 gallons per
minute. If the structure s is (are) 3,600 square feet or larger, the required fire flow shall be
determined according to I�� Appendix B.
17. FIRE HYDRANTS — COMMERCIAL BUILDINGS: Where a portion of the building is more than 400
ee rom a y ran on a ire appara us access road, as measured in an approved route around the
exterior of the building, on-site fire hydrants and mains shall be provided. This distance may be
increased to 600 feet for buildings equipped throughout with an approved automatic sprinkler
system.
18. FIRE HYDRANTS — ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES:
ere a po ion o a s ruc ure is more an ee rom a y ran on a ire appara us access roa ,
as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and
mains shall be provided.
19. FIRE HYDRANT NUMBER AND DISTRIBUTION: The minimum number and distribution of fire
y ran s avai a e o a ui ing s a no e ess an at listed in Appendix C, Table C 105.1.
Considerations for lacin fire h drants ma be as follows:
• xis ing y ran s in e area may e use o mee e required number of hydrants as
approved. Hydrants that are up to 600 feet away from the nearest point of a subject building
that is protecfed 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 contnbute to the req uired number of hydrants. Neavily 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.
20. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more
an ee rom an approve ire appara us access roa way.
21. 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 reffectors accordingly
22. FIRE HYDRANTlFIRE DEPARTMENT CONNECTION: A fire hydrant shall be located within 100
ee o a ire epa ment connection ire y rants and FDC's shall be located on the same
side of the fire apparatus access roadway. FDCs shall normally be remote except when approved
by the fire code official.
23. ACCESS AND FIRE FIGHTING WATER SUPPLY DURING CONSTRUCTION: Approved fire
appara us access roa waXs 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.
24. KNOX BOX: A Knox Box for building access is required for this building. Please contact the Fire
ars a s ice for an order form and instructions regarding installation and placement.
NOTICE OF DECISION MLP2005-0OOOS/PADDOCK PARTITION PAGE 21 OF 22
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 AUGUST 5, 2005 AND BECOMES
EFFECTIVE ON AUGUST 20, 2005 UNLESS AN APPEAL IS FILED.
A�ea�L•
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may
appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development
Code which provides that a written appeal together with the required fee shall be filed with the Director
within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule
and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard,
Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitfed by any party during the appeal heanng, 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 AUGUST 19, 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�171.
N.�� Auqust 5, 2005
PREPARED BY: Ga Pagenstecher DATE
Associate Planner
�
� �� Auqust 5, 2005
APPROVED BY: Richard Bewersdorff DATE
Planning Manager
i:lcurpin�gary�minor land partitionlmlp2005-00005(paddodc)vnIp2005-000�5 decision.doc
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 22 OF 22
- '''�Rc' .
. �
U �<ST GEOC>RAPHIC INFORMATION SYSTEM
C
o nc�N��r �
�
� Sw - - - - - - - -
�o,yMFR% - - - - - - - -
<Sr MLP200S-00005
YAR1005-00063
VAR2005-00064
` - - - - - - - -
� PADDOCK PARTITION
0
�
� h'N
S�N
A` > sT �P �F�
� . `.' FER f '_'
(� W � �a
.i
"� I�i�•' '�{
�$ O _ 4�
� �- -
' �' �•'� Q � o
'f- :--......; .�: :
�� ��O � �� ��a�"° �
�P � ��
Tipard Area Map
�
N
T �i"�c�
�I� 0 100 200 300 400 Feet
1"�372 feal .
S'j� � City of 1'igard
- p�0�
Infortnalion on this map is for peneral location ony and
should be veiified with tAe Davelopment Servicea Division.
13125 SW Hall Blvd
. Tigard,OR 97223
` (503)639-4177
�� nt�:rlwww.ci.tiyard.or.us
Community Development Plot date:Jun 21,2005;C:lmagicUriAGIC03.APR
- ' �n,_iir-�... � .
(omm��uHKHOwH)
i
/� �ar
JJ�l.
�
s\i
i ' �o e/�'i.►. � .
/ . � . (S.11 N99) � -
esxt�'�ew o.e�'
.$
/ `- �.
i • � � n
/ ` M1
O '1�
' ,y,/ . �'y d�, •��/
O� . . � `d.1 . � �:'�/
� /
'f' � '� ��Zr�.; G� . IC!/�'4R 11/wC �/ � � p/
. / \'�/• SUMMU Yf�c[NGIIS. � / J
$� \ lL IpH'(i!l 7)9lS� •: 1 / rf
� � . . . . \ ;�l /� ,
/ ' ' / �
/ � . � . �� .•'�/
� �°° 4� .:.%f� �$. ♦
. � � � ,p�" u �*.
/ � �� n�.''?'' / �,,.
� ,6��
� / � a o rMCt�: � .:..'�. Nc
io.000 sp rt
8 ♦ i��
*��` �'� � `�,.:)::::iry�b. � i�/
i w � ' � �,�>�,`'� . i � /
. � / ro�-i/z'i.r. �, �� '+ ti ����. . �4' ,// ./
y 6�
—�faacw ur�w�) � � � d' . �/.a'.. �� �
,�` � w� '/ � / � .
. . �.. . .8 /�'((` �� cp -SLOP4
\ . . •� //�.'� . , �% / N�I4?]
� o.ae. � � '4t4, e ���'' ,� i� c�r
� � . y�;;�!p, � ��,. P/ / [iI•
\\ . . . `,�p t� • � /i!:;:' � �C��. CATCM MSM
�%. . ��l � /j ///� �yn/��� E 1151.��-IN.9) �
� ` * / l" �/ �
� � �\ Fo7/�'�►. � /`iei � i�9 ad'�, •� / .�����.•
i � �
(S.N.eawl I Y � `
� � � nucu+ ^ , /,?8/ �t:�� �• i � / .
\ � . . ��e fa rt . �+i� -`� `p// � .
��'� . . �.u•t s�rC�� i�/ / .
`, � ` � . ,' Q� fi;�i
--- ---=��; - -.�----� +0�' � ,�: � Y; V� .'.
�•,, ` '� � '�,. �' ." � ^ '�r �
\`\ ��� . r J f �'� � . fi/ � � ��//
\`� 4�� � ��\`C \�JJ'�� b� y/�, // �� ��/ � .
. �. Jp �� ��,, .� ,- � ,
�,' yN ,� ,�.: / ,
, ,�v,
�4� '�ON ��,o � • `� ,�r�. ;;,� ,�
��T,�.�� �.� , sj. .� ,` ,; .
\ � � �� �a� $ � � �
� \�'. ��w� r r i.r.—�-r � I �� cttie.OTJ�'}9' .
_ ����� �e.�ryp���� � � I p�� / ��ii)=io°r• .
\�� \ u � � i .p i l �"e��6'eet �e.��'
_� I �y i
� yY �`1 � �4 �/ � � .
ry �i
� i J r �� �
�` � �� \
� � . wmurc w�m�ie , `�� * � � i� \ �
M�.16i�] \ \\\ � \
�e'r+t4xl.�m.�r � �� ��� � . � .
K e•M{se.�s�nr �
K!'TS`MC�-ys.0 � �>
���-�'` \��\ I .
I STOAM 4ANNOL
. . `r'�\ � TY.IOI.l1
� ��+ ��' � iii'r"�icE��.iia:o: �
. i � i
� C'T� OF TIGARD � MLP2005-00005
CI7Y OF i1OARD �
� P�' H PADDOCK PARTITION
Map is not to scale
N�TICE OF TYPE II DECISION
. - MINOR LAND PARTITION (MLP) 2005-00005 � ''�
CITY OF TICiARD
PADDOCK PARTITION Community�Deve�opment
Sha ing�Better(,'ommunity
120 DAYS =10/15/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: PADDOCK PARTITION
CASE NOS: Minor Land Partition (MLP� MLP2005-00005
Administrative Variance VA VAR2005-00063
Administrative Variance �VAR� VAR2005-00064
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
.46-acre lot into two (2) parcels for detached single-family residences. A
single-family dwelling exists on the subject parc�l and is proposed to remain on
Parcel #1. To accommodate the existing dwelling on proposed Parcel #1 after
dedication of seven feet to the SW Grant right-of-way, a corner side yard setback
Variance is requested to permit the reduction of the required 15-foot setback to
2.95 feet. A second Variance is requested to reduce the front yard setback from
20 feet to 12 feet to accommodate the dedication of right-of-way on Johnson
Street.
APPLICANT: Paddock Rouse, LLC OWNER: Same
Attn: Ryan Paddock
4340 SE Johnson Creek Blvd.
Milwaukie, �R 97222
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: 9865 SW Johnson Street; WCTM 2S102BA, Tax Lot 1800.
PROPOSED PARCEL 1: 8,135 Square Feet.
PROPOSED PARCEL 2: 10,000 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390 (Decision-Making
Procedures); 18.420 (Land Partitions); 18.510 Residential Zoning Districts);
18.705 (Access Egress and Circulation ; 18.715 (�ensity Computations); 18.745
(Landscaping and Screeninq); 18.�65 (Off-Street parking and Loading
I�equiremenfs); 18.790 (Tree l�emoval); 18.795 (Visual Clearance Areas); and
18.810 (Street and Utility Improvement 5tandards).
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 '�8 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
All documents and applicable criteria in the above-noted file are available for inspection at no cost or
copies can be obtained for twenty-five cents (25fi) per page, or the current rate charged for copies at the
time of the request.
SECTION III. PROCEDURE AND APPEAL INFORMATION
Notice:
oT�tice mailed to:
X The applicant and owners
� Owner of record within the required distance
—� Affected government agencies
. ■
Final Decision:
THIS DECISION IS FINAL ON AUGUST 5, 2005 AND BECOMES
EFFECTIVE ON AUGUST 20, 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 provider� in Section 18.390.040.G.1 may
appeal this decision in accordance with Section 18.390.040.C�.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 AUGUST 19, 2005.
Questions:
oF r u�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 .
� �r ........,.,.......,.....,..
U
� mawnr�uw �
�
��'``�sT MLP2005-00005
VAR2005-00063
VAR2005-00064
� PADDO�K PARTITION
,,
�
<
�
0
�'a __ ,
TM.�...
A
F �a
Sr �' °,n°�
. �_._.....,_
e........._�
'�:��
�.,...,,,
...�..........
_—. �
/ `�`''�.� ��
� / � ..W
� °',� � ��.
/��v ���:�E�3JRi%a' '+% 'y ,
. /• , � �^�,`� '~ _,w��
1.'_�;� � � ,J.;%�;
\ ,�,. � '� / 'f�;;
+� �.:x ?�.' • . ''�,�
�;\\`=- °" .f'?'- - � � /r'' V•*�,��•/',�
�*.•*`�I f���N`�.. . /, .i yi /��'',/
f0,�.\��` ,r•.� ' � .
.._.�. ::�; '�l,`'�*•� ti g�
. � J, '�� // �IiG�.. � � .
. ' ����, �: ..
.
� �--,�=;r`_, �
�
,,� (�TY OF T16ARD 1 MLP2005-00005
��~ N PADDOCK PARTITION
M� I�not W�aaN
NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER:
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
NOTICE OF PENDING LAND USE APPLICATIOH �,noFT,�ARo
MINOR LAND PARTITION ,qF�p1rrgABet�Commun=ty
DATE OF NOTICE: June 21, 2005
FILE NUMBER: MINOR LAND PARTITION (MLP) 2005-00005
FILE NAME: PADDOCK PARTITION
PROPOSAL: A request for Minor Land Partition approval to partition one (1) existing .46-acre lot into finro
(2) parcels for detached single-family residences. A single-family dwelling exists on the
subject parcel and is proposed to remain on Parcel #1. To accommodate the existing
dwelling on proposed Parcel #1 after dedication of seven feet to the SW Grant right-of-way,
a side yard facing street on comer setback variance is also requested, which would allow
the reduction of the required 15-foot setback to 2.95 feet. A second variance is requested to
reduce the front yard setback from 20 feet to 12 feet to accommodate the dedication of
right-of-way on Johnson Street.
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 18.370, 18.390, 18.420, 18.510, 18.705, 18.715,
18.745, 18.765, 18.790, 18.795 and 18.810.
LOCATION: 9865 SW Johnson Street; WCTM 2S102BA, Tax Lot 1800.
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS:
Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to
submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT
All comments should be directed to 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 _ci.tiqard.or.us.
ALL COMMENTS MUST BE RECEIVED BY THE CITY Of TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE
SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS.
THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS
WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE
IS TENTATIVELY SCHEDULED FOR .;- �__ �, : ' �AS�: 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."
� �sr ..........,.......,........
� na�unr n�w
� ��'°�s, MLP2005-00005
YAR2005-00063
VARZ005-00064
° PADDOCK PARTITION
>
<
m
�r o --
t�'N '1 .
�w..«w.
•
N
T �/e � �
`4T � Gry ot�r�i�d
r.wW+....rr
. �..o�.�.�..a.e..�.
+i.i ww.n�n
� mn.w+m
w..�+�n+.+
'} 1 r .
\,
� REQUEST FOR COMMENTS CITYOFTIOARD
Cammunity,DeveCopment
�' " ShapingA�detterCommunity
l0 -
DATE: lune 21,2005 `
;.
T0: Rob Murchison,Pu�c WorKs Prolect En9ineer
FROM: City of Tigard P�nning Division
.
STAFF CONTACT: ; 6arfl Pagenstecher,Ass�ciate Planner[x24341
�Phone�[5031654�4�ii/Fax: [5031684-7291
➢ PADDOCK PARTITION Q
MINOR LAND PARTITION (MLP) Z005-00005
REQUEST: A request for Minor Land Partition approval to partition one (1) existing .46-acre lot into two
(2) parcels for detached single-family residences. A single-family dwelling exists on the sub1'ect parcel
and is proposed to remain on Parcel #1. To accommodate the existing dwelling on proposed Parcel #1
after dedication of seven feet to the SW Grant right-of-way, a side yard facing street on corner setback
variance is also requested, which would allow the reduction of the required 15-foot setback to 2.95 feet.
A second variance is requested to reduce the front yard setback from 20 feet to 12 feet to accommodate
the dedication of right-of-way on Johnson Street. LOCATION: 9865 SW Johnson Street; WCTM
2S1026A, Tax Lot 1800. 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 18.370, 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: JULY 5, 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:
l, L� � ��
J� �' �L �.�7�';� /.�t' 1 f �� �C`��. •� i�r�1C' � �- / ' r 'L�{�
Name 8� Number of Person Commenting:
1
�� r /
\`�S3
�� w /
�as�o /
/
� .
� o
\ �"��
�
�
r
.'��
� . \ ��
� ��
. � /.
:d •'��/ �
��s'`� / .. ��i'� �f
� s•
3�. � ,�= ���/ � /
�� � � .:.� �� I
't� � ls g �2 '\,..� G `��
�� V ,' � S`�' / . . . • � / �
/ �L \ � . . \ � f
� ' ' ' � / % ��
� � \ ` �� �f / `�q
� � ':/
\ ' %'/� / �
� w PROP. STORM �`�.• � `�/ `?o- � '
� �.°��° LATERAL • ;.if� � // / �J
1- p •i c, i Q�
"�° c���,� �� .'' i ,�' �� /
�' ?� 2- � �• . f
b }�'��m� P. �'`' WATER � ;.' ,, ;�;:r "`---_ . • 30,��, ,/
� �v,�p PARCEL 2 METE °r�,� � � � ` V f
10,000 SO FT r�8 �f; ,.� // �, /'�a � I
EX. SAN I TARY �,� ° ����' o� � � �
� � /
LATERAL ., :�. �� � _ --' �
r ., , 3oI � �/
�� � �� �' �r ~�� /
�Q � ^�� , � , ��' r
�� �,, �, �'., �= `�,; '� � I
'� �� .a° ��' ;,�%'���'�"� t � �j �.
/�� ,i, ;.� STORM FAA,NHOLE
� ;�`� J f s,; / �?IM=157.67
� o,� . ,�'���' / .'�r; f£ 1:I" 9'VC(SF =154.7
� � 'S >` � EE. 11" �"�YC � �154.`
0�9 ,� � '�� �.!'�'` � ,"�' � / 3E t�'° F>VC�NE�=i54.�
� w� t ,�.� /
,o , � �. + ,,. i
� <�'�pp ;�: :/•'' ' �i CATCH �ASIN
.� NF os�0 ..: �, ./: •. �.,' / � �1MR157.67
' �OT � ��,, / /�p /, '.' I�. 12" F'vC(SE)=154.97
��.�;��� '� '� / ��/ a +
'%�;'1;`\� 6r��, .6;`r�- �� /��� �.
f � � �. �� �v �'
� �. ,�!• �F f
'-..,3 ti'S : ,.x' /
� , �
Q Fr �`' r,._._._ �.� 5�S' �° � �
� ; „' �` / ^�c bE 4�-►�s�� £�.�
EX. SANITARY `' " � �`�., ��/ � WMs�- 5'�"� .
LATERAL ..� �,, � Cs� ,�` � / lc.s 'l;v2Y.�✓ �,�•+�-
.� ,�,,� , � e.o .�r'. P
OJ`'� 2.95't y� . �;.: ,��,� s�" � '�' J�,. � � �t(� �j�G,(Z-Q` �j�(.J
� �� �`�� ' ;"`�s f �'� �f 4 ��� Q,�,�v�v,-S�. � �`"�. l'
+��\� �' , ,' :�� L = � f� f '�%-
�, oo . ,. / � 1`� �
r ;; ' �l �
� ' • ° �
� � �� i �.:>- , /
� 1 � . � �� i
.� � r
r /
�.` .� r / r0
� � .;;:.�. o
�� . / f �
�, r� ��� / `/ � // / �
.� �_
\�0� �� �� f. 1,e'a / / //
. ;_. f
�`
� �r�' - ,� / /'
.\ - . . � . �sJ �o�
� � �
� � r,,,,� /
.. '� ��,f�,: ' � . �
��-����+.... (1�``, �f . /C �� /
REQUEST FOR COMMENTS CITY OF TI(iARD
Community,De�velopment
ShapingA Better Community
DATE: lune 21,2005
T0: PER ATTACHED
FROM: CitY of Tigard Planning Di�ision
STAFF CONTACT: 6ary Pa9enstecher,Associate Planner[x24341
Phone: [5031639-4171/Fax: [5031684-7291
➢ PADDOCK PARTITION Q
MINOR LAND PARTITION (MLP) 2005-00005
REQUEST: A request for Minor Land Partition approval to partition one (1) existing .46-acre lot into two
(2) parcels for detached single-family residences. A single-family dwelling exists on the subJ'ect parcel
and is proposed to remain on Parcel #1. To accommodate the existing dwelling on proposed Parcel #1
after dedication of seven feet to the SW Grant right-of-way, a side yard facing street on corner setback
variance is also requested, which would allow the reduction of the required 15-foot setback to 2.95 feet.
A second variance is requested to reduce the front yard setback from 20 feet to 12 feet to accommodate
the dedication of right-of-waY�on Johnson Street. LOCATION: 9865 SW Johnson Street; WCTM
2S102BA, Tax Lot 1800. 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 18.370, 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: JULY 5, 2005. You may use the space provided below or attach a separate letter to return your
comments. If you are unable to respond bv the above date, please phone the staff contact noted above with your comments
and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125
SW Hall Blvd., Tigard, OR 97223.
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:
�� �� � �Y OF TIGARD REQUEST FOF� �MMENTS
NOTIFICATION LIST FOR LAND USE & COMMUNITY DEVELOPMENT APPLICATIONS
FILE NOS.: ✓nL -0000 FILE NAME: � crC 7?% '
CITIIEN INYOLVEMENT TEAMS -
14-DAY PENDING APPLICATION NOTICE TO INTERESTED PARTIES OF AREA: ,�Central ❑East ❑South ❑West
CITY OFFICES
LONG RANGE PLANNING/Barbara Shields,Planning Mgr. COMMUNITY DVLPMNT.DEPT.IPlanning-Engineering Techs. POLICE DEPT.IJim Wolf,Crime Prevention Officer
BUIIDING DIVISION/Gary Lampella,Building Official �[ENGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer�PUBLIC WORKSIMatt Stine,Urban Forester
CITY ADMINISTRATION/Cathy Wheatley,City Recorder y�PUBLIC WORKS/Brian Rager,Engineering Manager
�PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITEM-10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING!
SPECIAL DISTRICTS
TUAL.HILLS PARK 8 REC.DIST.+� TUALATIN VALLEY FIRE&RESCUE�R _ TUALATIN VALLEY WATER DISTRICT+► �CLEANWATER SERVICES�
Planning Manager Fire Marshall Administretive Office Lee Waiker/5WM Program
15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue '
Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124
LOCAL AND STATE)URISOICflONS
CITY OF BEAVERTON� CITY OF TUALATIN � OR.DEPT.OF FISH 8 WILDLIFE OR.DIV.OF STATE LANDS
_ Planning Manager Pianning Manager 3406 Cherry Avenue NE Melinda Wood�uN Fo�R.q�i�a�
_ Steven Sparks,Dev Svcs.Manager 18880 SW Martinaai Avenue Salem,OR 97303 775 5ummer Street NE,Suite 100
PO Box 4755 Tualatin,OR 97062 Salem,OR 97301-1279
Beaverton,OR 97076
_ OR.PUB.UTILITIES COMM.
METRO-LAND USE 8 PLANNING � _OR.DEPT.OF GEO.8 MINERAL IND. 550 Capitol Street NE
_ CITY OF DURHAM � 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380
City Manager Portland.OR 97232-2736 Portland,OR 97232
PO Box 23483 _ Bob Knight,Dala Reaouroe CeM�(2CA) US ARMY CORPS.OF ENG.
Durham,OR 97281-3483 Paulette Allen,GiowthManagemeftCoordinetor OR.DEPT.OF LAND CONSERV.&DVLP Kathryn Harris�r.P.o��y>
_ Mel Huie,GreenspacesCoordinator(CPMOAj L817y F�e�Ch(comp.v�annmendmxdson�y) ROUliflg CENWP-OP-G
CITY OF KING CITY� _ Jennifer Budhabhatti,Regional Planner(Wetlanda) 635 Capitol Street NE,Suite 150 PO Box 2946
City Manager _ C.D.Manager,G�owthManagementServices Salem,OR 97301-2540 Portland,OR 97208-2946
15300 SW 116th Avenue
King City,OR 97224 WASHINGTON COUNTY�
OR.DEPT.OF ENERGY(POwenines in,avea) _OR.DEPT OF AVIATION(r«wPo��rows�s) Dept.of Land Use 8 Transp.
Bonneville Power Administration Tom Highland,a��,��y 155 N.First Avenue
_CITY OF LAKE OSWEGO� Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13
Planning Director PO Box 3621 Salem,OR 97310 Hillsboro.OR 97124
PO Box 369 Portland,OR 97208-3621 Steve Conway�c�,n�e.�
Lake Oswego,OR 97034 Gregg Leion�cPn�
_ OR.DEP7.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 � Brent Curtis�caA�
CITY OF PORTLAND (Notify for Wetlands and Potential Environmenlal Impacts) _M8f8F1 D8f11BI50f1,DevelopmeM ReviewCoortlinator DOflB M8t@f 2(2CA)MS 14
Planning Bureau Director Regional Administrator Carl Torland, Right-of-Way Section�va�eo�� _Sr.Cartographer ca�Pao��MS,.
1900 SW 4`"Avenue,Suite 4100 2020 SW Fourth Avenue,5uite 400 123 NW Flanders _Jim Nims�SuNeyDf(ZCA)M515
Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037
WA.CO.CONSOL.COMM.AGNCY ODOT,REGION 1 -D15TRICT 2A� _ODOT,RAIL DIVISION STATE HISTORIC
Dave Austin�wcccn���s��^�w�.TO..�� Sam Hunaidi,AssistantDistndManager (NotllylfODOTRIR-Nwy.Crossing�gomYn�a..�o�,�a� PRESERVATION OFFICE
PO Box 6375 5440 SW Westgate Drive,Suite 350 Dave Lanning,s�.c�oy ser�y s�eNU (NOtily if Property Mu HO Owrlay)
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
UTILITY PROYIDERS AND SPECIAL A6ENCIES
PORTLAND WESTERN RJR,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R!R(Bur�ington Northem/Santa Fe wR Predecessor)
Robert I.Melbo,President 8 General Manager
110 W. 10th Avenue �
Albany,OR 97321
SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS �' COMCAST CABLE CORP. _TRI-MET TRANSIT DVLPMT.
Clifford C.Cabe,Construction Engineer Debra Palmer�a,���p�o�iy� Randy Bice iS..M.,�N..�.�.�,� QfProJecllSWithin%MileofaTransttROUle)
5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner
Portland,OR 97232 1815 NW 169th Piace,S-6020 Beaverton,OR 97005 710 NE Holladay Street
Beaverton,OR 97006-4886 Portland,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 1100 8021 SW Capitol Hill Rd,Rm 110
Wilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 PoR�and,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 cs.M.,�«a..c�� Diana Carpenter,A,,,E�M��w�w,
6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bidg. 12 10831 5W Cascade Avenue
Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203
�k INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500' OF THE SUBJECT PROPERTY FOR ANY/ALL
CITY PROJECTS (Project Planner Is Responsible For Indicating Parties To Notify). h:�patty�masterslRequest For Comments Nourcation�ist.doc (UPDATE�: 3-Feb-OS)
lAlso uodate:i:lcurolnlsetuo\labels\annexation utilities and franchises.doc when uodatino this documentl
MEMORANDUM
�._
TO: Gary Pagenstecher
FROM: Matt Stine, City Forester
RE: Paddock Partition
DATE: June 16, 2005
As you requested I have provided some comments on the "Paddock 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
procedu res.
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 maturity. 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.
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 a
certified arborist, Mark Bourgeois. The report does not contain all four of the
required components, and, is therefore, unacceptable.
• The plan does not contain any information on how the trees will be protected
during construction. Mark also does not indicate where the tree protection
fencing will be located.
• I suggest planting native species of trees as street trees such as bigleaf
maple, cascara or Oregon white oak. Properly sized oaks can be found at
River Oak Farm & Nursery. Call Diane at 503-357-2745. The species of
street tree used in this development is not listed. The species must be
approved before the trees can be planted.
Below are my suggestions for the applicant to follow for tree protection guidelines:
• Prior to construction, a Tree Protection Plan shall be included with the proposed
construction drawings conforming to the International Society of Arboriculture
(ISA) guidelines for review and approval by the City Forester. All tree protection
devices, along with their details and specifications, shall be shown on the Tree
Protection Plan. This plan shall also include the building footprints shown in
relation to the trees being preserved. Any tree that will not be removed onsite
that is within the limits of disturbance of this project must be protected. Any tree
that is located on property adjacent to the construction project that will have more
than 15% of its root system disturbed by construction activities shall also be
protected,
• Prior to construction, the applicant shall submit a detailed construction schedule
to the City Forester with notations as to when tree protection devices will be
either installed or removed throughout construction of the project.
• A note shall be placed on the final set of plans indicating that equipment,
vehicles, machinery, grading, dumping, storage, burial of debris, or any other
construction-related activities shall not be located inside of any tree protection
zone or outside of the limits of disturbance where other trees are being protected.
• All tree protection devices shall be:
■ Visible.
■ Constructed of 11 Gauge steel chain-link fencing supported on at least 2"
O.D. steel posts. Each post shall be no less than four feet high from the top
of grade. Each post shall be driven into the ground to a depth of no less than
two and a half feet below grade. Each post shall be spaced no further apart
than four feet.
■ Between each post, securely attached to the chain-link fencing, shall be a
sign indicating that the area behind the fencing is protected and no
construction activity, including material storage, may occur behind the
fencing.
■ Inspected and approved in the field by the project arborist and City Forester
prior to clearing, grading, or the beginning of construction.
■ Remain in place and maintained until all construction is completed and a final
inspection is conducted.
To determine the size of the tree protection zone (TPZ) the project arborist should follow
the guidelines listed below:
■ For individual trees follow the trunk diameter method. For every one-inch of
diameter at breast height (DBH), or 4 '/2 feet above the ground, allow 12
inches of space from the trunk of the tree. For example, a tree that is 15" at
DBH must have at least 15' of tree protection zone around the entire canopy
of the tree.
■ For groups of trees the tree protection zone must be outside of the drip line of
the trees on the edge of the stand. If there are conifers with narrow crowns
on the edge of the stand follow the trunk diameter method or the drip line
method, whichever is greater.
■ Calculate and follow the Optimal Tree Protection Zone calculation as shown
in "Trees and Development: A Technical Guide to Preservation of Trees
During Land Development"by Nelda Matheny and James R. Clark.
■ The project arborist may propose an alternate method for the establishment
of the TPZ, provided the effort is coordinated with the City Forester.
• 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 a bond for the
equivalent value of mitigation required. 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 the bond 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 bond, for two years following final plat approval. After such
time, the applicant shall pay the remaining value of the bond as a fee in lieu of
planting.
2. Prior to issuance of building permits, the applicant/owner 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: 7/28/05
TO: Gary Pagenstecher, Associate Planner
FROM: Kim McMillan, Development Review Engine
RE: MLP2005-00005 Paddock Partition
Access Manaqement (Section 18.705.030.H)
Section 18.705.030.H.1 states that an access report shall be submitted with
all new development proposals which verifies design of driveways and
streets are safe by meeting adequate stacking needs, sight distance and
deceleration standards as set by ODOT, Washington County, the City and
AASHTO.
The applicanYs engineer has indicated that the existing driveway on Johnson
Street will not be altered and that a new driveway for the second parcel will be
constructed on Grant Street. The engineer further states there is no opportunity
to share driveways and there is adequate sight distance for both access
locations.
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.
Both Johnson and Grant Streets are classified as Neighborhood Routes, which
are local streets. Therefore, this criterion does not apply.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways
and streets along a collector shall be 200 feet. The minimum spacing of
driveways and streets along an arterial shall be 600 feet. The minimum
spacing of local streets along a local street shall be 125 feet.
ENGINEERING COMMENTS MLP2005-00005 PADDOCK PARTITION PAGE 1
�=
No local streets are proposed along either of the two existing local streets. This
criterion is met.
Street And Utilitv Improvements Standards (Section 18.810):
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets
adjacent shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width
planned as a portion of an existing street shall be dedicated and improved
in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a
Neighborhood Route to have a 54 right-of-way width and 32-foot paved
section. Other improvements required may include on-street parking,
sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
This site lies adjacent to SW Johnson and Grant Streets, which are classified as
Neighborhood Routes on the City of Tigard Transportation Plan Map. At present,
there is approximately 20 feet of ROW along both frontages, according to the
most recent tax assessor's map. The applicant should dedicate the additional
ROW along both frontages to provide 27 feet from centerline. The applicant
should also dedicate the ROW necessary for the radius corner.
SW Grant Street is currently partially improved. In order to mitigate the impact
from this development, the applicant should construct half street improvements.
SW Johnson Street is currently partially improved. In order to mitigate the impact
from this development, the applicant should provide a future improvement
guarantee.
Street Alignment and Connections:
Section 18.810.030.H.1 states that full street connections with spacing of
no more than 530 feet between connections is required except where
prevented by barriers such as topography, railroads, freeways, pre-existing
ENGINEERING COMMENTS MLP2005-00005 PADDOCK PARTITION PAGE 2
developments, lease provisions, easements, covenants or other
restrictions existing prior to May 1, 1995 which preclude street
connections. A full street connection may also be exempted due to a
regulated water feature if regulations would not permit construction.
Section 18.810.030.H.2 states that all local, neighborhood routes and
collector streets which abut a development site shall be extended within
the site to provide through circulation when not precluded by
environmental or topographical constraints, existing development patterns
or strict adherence to other standards in this code. A street connection or
extension is precluded when it is not possible to redesign, or reconfigure
the street pattern to provide required extensions. Land is considered
topographically constrained if the slope is greater than 15% for a distance
of 250 feet or more. In the case of environmental or topographical
constraints, the mere presence of a constraint is not sufficient to show that
a street connection is not possible. The applicant must show why the
constraint precludes some reasonable street connection.
This development is at the intersection of Grant and Johnson Streets. No further
connections are needed.
Grades and Curves: Section 18.810.030.N states that grades shall not exceed
ten percent on arterials, 12% on collector streets, or 12% on any other street
(except that local or residential access streets may have segments with
grades up to 15% for distances of no greater than 250 feet). Centerline radii
of curves shall be as determined by the City Engineer.
The grades along the Johnson and Grant Street frontages do not exceed 12%,
therefore this criterion is met.
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.
ENGINEERING COMMENTS MLP2005-00005 PADDOCK PARTITION PAGE 3
PLANNING
Section 18.810.040.B.2 also states that bicycle and pedestrian connections
on public easements or right-of-ways shall be provided when full street
connection is not possible. Spacing between connections shall be no
more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict
adherence to other standards in the code.
PLANNING
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being
more than 2.5 times the average lot width, unless the parcel is less than 1.5
times the minimum lot size of the applicable zoning district.
PLANNING
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of
frontage on public or private streets, other than an alley. In the case of a land
partition, 18.420.050.A.4.c applies, which requires a parcel to either have a
minimum 15-foot frontage or a minimum 15-foot wide recorded access
easement. In cases where the lot is for an attached single-family dwelling
unit, the frontage shall be at least 15 feet.
PLANNING
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to
meet City design standards and be located on both sides of arterial,
collector and local residential streets. Private streets and industrial streets
shall have sidewalks on at least one side.
The applicanYs plans indicate they will be constructing curb-tight sidewalk along
the Grant Street frontage. A curb-tight sidewalk will be allowed as the existing
sidewalks in the vicinity are also curb-tight. Sidewalk along Johnson Street will
be required in the future and will be included in the future improvements
guarantee.
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.
ENGINEERING COMMENTS MLP2005-00005 PADDOCK PARTITION PAGE 4
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.
The applicant indicates they will provide a sewer lateral from the main line in
Grant Street.
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 development.
Effect on Downstream Drainage: Section 18.810.100.D states that where it
is anticipated by the City Engineer that the additional runoff resulting from
the development will overload an existing drainage facility, the Director and
Engineer shall withhold approval of the development until provisions have
been made for improvement of the potential condition or until provisions
have been made for storage of additional runoff caused by the
development in accordance with the Design and Construction Standards
for Sanitary and 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.
ENGINEERING COMMENTS MLP2005-00005 PADDOCK PARTITION PAGE 5
Small projects such as residential land partitions are not required to provide
onsite detention. A fee-in-lieu of a detention system will be allowed.
The applicanYs plan shows the installation of a storm lateral to serve Parcel 2.
This lateral is connected to the storm sewer line in Grant Street.
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.
Grant and Johnson Streets are not classified as bicycle facilities.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those
required for electric, communication, lighting and cable television services
and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at
50,000 volts or above, and:
• The developer shall make all necessary arrangements with the serving
utility to provide the underground services;
• The City reserves the right to approve location of all surface mounted
facilities;
• All underground utilities, including sanitary sewers and storm drains
installed in streets by the developer, shall be constructed prior to the
surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing
the street improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states
that a developer shall pay a fee in-lieu of under-grounding costs when the
development is proposed to take place on a street where existing utilities
which are not underground will serve the development and the approval
authority determines that the cost and technical difficulty of under-
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
ENGINEERING COMMENTS MLP2005-00005 PADDOCK PARTITION PAGE 6
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 frontages of SW Grant and
Johnson Streets. 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 Grant
Street is 203 lineal feet; therefore the fee would be $ 7105.00. If power is taken
from Johnson Street rather than from Grant Street the fee would be $4060.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND
UTILITY IMPROVEMENT STANDARDS:
Public Water Svstem:
The City of Tigard provides service in this area. The applicant's plans indicate
the installation of a 3/<" water meter to serve 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
require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100
percent of the storm water runoff generated from newly created impervious
surfaces. In addition, a maintenance plan shall be submitted indicating the
frequency and method to be used in keeping the facility maintained
through the year.
The CWS standards include a provision that would exclude small projects such
as residential land partitions. It would be impractical to require an on-site water
quality facility to accommodate treatment of the storm water from Parcel 2.
Rather, the CWS standards provide that applicants should pay a fee in-lieu of
constructing a facility if deemed appropriate. Staff recommends payment of the
fee in-lieu on this application.
ENGINEERING COMMENTS MLP2005-00005 PADDOCK PARTITION PAGE 7
Gradinq and Erosion Control:
CWS Design and Construction Standards also regulate erosion control to
reduce the amount of sediment and other pollutants reaching the public
storm and surface water system resulting from development, construction,
grading, excavating, clearing, and any other activity which accelerates
erosion. Per CWS regulations, the applicant is required to submit an
erosion control plan for City review and approval prior to issuance of City
permits.
The Federal Clean Water Act requires that a National Pollutant Discharge
Elimination System (NPDES) erosion control permit be issued for any
development that will disturb one or more acre of land. Since this site is
over five acres, the developer will be required to obtain an NPDES permit
from the City prior to construction. This permit will be issued along with
the site and/or building permit.
Address Assiqnments:
The City of Tigard is responsible for assigning addresses for parcels within the
City of Tigard and within the Urban Service Boundary (USB). An addressing fee
in the amount of $ 50.00 per address shall be assessed. This fee shall be paid to
the City prior to final plat approval.
Survev Requirements
The applicant's final plat shall contain State Plane Coordinates [NAD 83 (91)] on
two monuments with a tie to the City's global positioning system (GPS) geodetic
control network (GC 22). These monuments shall be on the same line and shall be
of the same precision as required for the subdivision plat boundary. Along with the
coordinates, the plat shall contain the scale factor to convert ground measurements
to grid measurements and the angle from north to grid north. These coordinates
can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
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).
ENGINEERING COMMENTS MLP2005-00005 PADDOCK PARTITION PAGE 8
Recommendations:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
COMMENCING ANY ONSITE IMPROVEMENTS, INCLUDING GRADING,
EXCAVATION ANDIOR FILL ACTIVITIES:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
. Prior to commencing onsite improvements, a Public Facility Improvement
(PFI) permit is required for this project to cover half-street 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.tiqard.or.us).
. The PFI permit plan submittal shall include the exact legal name, address
and telephone number of the individual or corporate entity who will be
designated as the "Permittee", and who will provide the financial assurance
for the public improvements. For example, specify if the entity is a
corporation, limited partnership, LLC, etc. Also specify the state within which
the entity is incorporated and provide the name of the corporate contact
person. Failure to provide accurate information to the Engineering
Department will delay processing of project documents.
. The applicant shall provide a construction vehicle access and parking plan
for approval by the City Engineer. The purpose of this plan is for parking
and traffic control during the public improvement construction phase. All
construction vehicle parking shall be provided on-site. No construction
vehicles or equipment will be permitted to park on the adjoining residential
public streets. Construction vehicles include the vehicles of any contractor
or subcontractor involved in the construction of site improvements or
buildings proposed by this application, and shall include the vehicles of all
suppliers and employees associated with the project.
. The applicant shall submit construction plans to the Engineering Department
as a part of the Public Facility Improvement permit, which indicate that they
will construct a half-street improvement along the frontage of Grant Street.
The improvements adjacent to this site shall include:
A. City standard pavement section for a Neighborhood Route from curb
to centerline equal to 16 feet;
ENGINEERING COMMENTS MLP2005-00005 PADDOCK PARTITION PAGE 9
B. pavement tapers needed to tie the new improvement back into the
existing edge of pavement shall be built beyond the site frontage;
C. concrete curb, or curb and gutter as needed;
D. storm drainage, including any off-site storm drainage necessary to
convey surFace and/or subsurFace runoff;
E. 5 foot concrete, curb-tight sidewalk with a planter strip;
F. street trees in the planter strip spaced per TDC requirements;
G. street striping;
H. streetlight layout by applicant's engineer, to be approved by City
Engineer;
I. underground utilities;
J. street signs (if applicable);
K. driveway apron (if applicable); and
L. adjustments in vertical and/or horizontal alignment to construct SW
Grant Street in a safe manner, as approved by the Engineering
Department.
. A profile of Grant Street shall be required, extending 300 feet either side of
the subject site showing the existing grade and proposed future grade.
. 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.
. Any extension of public water lines shall be shown on the proposed Public
Facility Improvement (PFI) permit construction drawings and shall be
reviewed and approved by the City's Water Department, as a part of the
Engineering Department plan review. NOTE: An estimated 12% of the
water system costs must be on deposit with the Water Department prior to
approval of the PFI permit plans from the Engineering Department and
construction of public water lines.
. An erosion control plan shall be provided as part of the Public Facility
Improvement (PFI) permit drawings. The plan shall conform to the "Erosion
Prevention and Sediment Control Design and Planning Manual, February
2003 edition."
ENGINEERING COMMENTS MLP2005-00005 PADDOCK PARTITION PAGE 10
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:
. Prior to final plat approval, the applicant shall provide the City with as-built
drawings of the public improvements as follows: 1) 3 mil mylar, 2) a diskette
of the as-builts in "DWG" format, if available; otherwise "DXF" will be
acceptable, and 3) the as-built drawings shall be tied to the City's GPS
network. The applicant's engineer shall provide the City with an electronic
file with points for each structure (manholes, catch basins, water valves,
hydrants and other water system features) in the development, and their
respective X and Y State Plane Coordinates, referenced to NAD 83 (91).
. Prior to final plat approval, the applicant shall pay the addressing fee.
(STAFF CONTACT: Shirley Treat, Engineering).
. The applicant shall execute a Restrictive Covenant whereby they agree to
complete or participate in the future improvements of SW Johnson 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 either place the existing overhead utility lines along SW
Grant 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 $ 7105.00 and it shall be paid prior
to final plat approval.
. The applicant's final plat shall contain State Plane Coordinates on two
monuments with a tie to the City's global positioning system (GPS) geodetic
control network (GC 22). These monuments shall be on the same line and
shall be of the same precision as required for the subdivision plat boundary.
Along with the coordinates, the plat shall contain the scale factor to convert
ENGINEERING COMMENTS MLP2005-00005 PADDOCK PARTITION PAGE 11
ground measurements to grid measurements and the angle from north to
grid north. These coordinates can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared
by a land surveyor licensed to practice in Oregon, and necessary data or
narrative.
B. Attach a check in the amount of the current final plat review fee
(Contact Planning/Engineering Permit Technicians, at (503) 639-4171, ext.
2421).
C. The final plat and data or narrative shall be drawn to the minimum
standards set forth by the Oregon Revised Statutes (ORS 92.05),
Washington County, and by the City of Tigard.
D. The right-of-way dedication for Johnson and Grant Streets shall be
made on the final plat, providing 27 feet from centerline.
E. NOTE: Washington County will not begin their review of the final plat
until they receive notice from the Engineering Department indicating that the
City has reviewed the final plat and submitted comments to the applicant's
surveyor.
F. After the City and County have reviewed the final plat, submit two mylar
copies of the final plat for City Engineer signature (for partitions), or City
Engineer and Community Development Director signatures (for
subdivisions).
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.
ENGINEERING COMMENTS MLP2005-00005 PADDOCK PARTITION PAGE 12
. Prior to issuance of building permits within the subdivision, the City Engineer
shall deem the public improvements substantially complete. Substantial
completion shall be when: 1) all utilities are installed and inspected for
compliance, including franchise utilities, 2) all local residential streets have at
least one lift of asphalt, 3) any off-site street and/or utility improvements are
substantially completed, and 4) all street lights are installed and ready to be
energized. (NOTE: the City apart from this condition, and in accordance
with the City's model home policy may issue model home permits).
. During issuance of the building permit for Parcel 2, the applicant shall pay
the standard water quality and water quantity fees per lot (fee amounts will
be the latest approved by CWS).
IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE
FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT
CODE; THIS IS NOT AN EXCLUSIVE LIST:
18.430.080 Improvement AQreement:
Before City approval is certified on the final plat, and before approved construction
plans are issued by the City, the Subdivider shall:
1. Execute and file an agreement with the City Engineer specifying the period
within which all required improvements and repairs shall be completed; and
2. Include in the agreement provisions that if such work is not completed within
the period specified, the City may complete the work and recover the full
cost and expenses from the subdivider.
The agreement shall stipulate improvement fees and deposits as may be required
to be paid and may also provide for the construction of the improvements in stages
and for the extension of time under specific conditions therein stated in the contract.
18.430.090 Bond:
As required by Section 18.430.080, the subdivider shall file with the agreement an
assurance of performance supported by one of the following:
1. An irrevocable letter of credit executed by a financial institution authorized to
transact business in the State of Oregon;
ENGINEERING COMMENTS MLP2005-00005 PADDOCK PARTITION PAGE 13
2. A surety bond executed by a surety company authorized to transact
business in the State of Oregon which remains in force until the surety
company is notified by the City in writing that it may be terminated; or
3. Cash.
The subdivider shall furnish to the City Engineer an itemized improvement estimate,
certified by a registered civil engineer, to assist the City Engineer in calculating the
amount of the performance assurance.
The subdivider shall not cause termination of nor allow expiration of said guarantee
without having first secured written authorization from the City.
18.430.100 Filinq and Recordinq:
Within 60 days of the City review and approval, the applicant shall submit the final
plat to the County for signatures of County officials as required by ORS Chapter 92.
Upon final recording with the County, the applicant shall submit to the City a mylar
copy of the recorded final plat.
18.430.070 Final Plat Application Submission Requirements:
Three copies of the subdivision plat prepared by a land surveyor licensed to
practice in Oregon, and necessary data or narrative.
The subdivision 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.
STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS
FOLLOWS:
Centerline Monumentation
In accordance with Oregon Revised Statutes 92.060, subsection (2), the centerline
of all street and roadway rights-of-way shall be monumented before the City
accepts a street improvement.
The following centerline monuments shall be set:
1. All centerline-centerline intersection points;
ENGINEERING COMMENTS MLP2005-00005 PADDOCK PARTITION PAGE 14
2. All cul-de-sac center points; and
3. Curve points, beginning and ending points (PC's and PT's).
All centerline monuments shall be set during the first lift of pavement.
Monument Boxes Required
Monument boxes conforming to City standards will be required around all centerline
intersection points, cul-de-sac center points, and curve points.
The tops of all monument boxes shall be set to finished pavement grade.
18.810 Street& Utilitv Improvement Standards:
18.810.120 Umities
All utility lines including, 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.
18.810.130 Cash or Bond Required
All improvements installed by the subdivider shall be guaranteed as to
workmanship and material for a period of one year following acceptance by the
City.
Such guarantee shall be secured by cash deposit or bond in the amount of the
value of the improvements as set by the City Engineer.
The cash or bond shall comply with the terms and conditions of Section
18.810.180.
18.810.150 Installation Prerequisite
No land division improvements, including sanitary sewers, storm sewers, streets,
sidewalks, curbs, lighting or other requirements shall be undertaken except after
the plans therefore have been approved by the City, permit fee paid and permit
issued.
18.810.180 Notice to City Required
ENGINEERING COMMENTS MLP2005-00005 PADDOCK PARTITION PAGE 15
Work shall not begin until the City has been notified in advance.
If work is discontinued for any reason, it shall not be resumed until the City is
notified.
18.810.200 Enqineer's Certification
The land divider's engineer shall provide written certification of a form provided by
the City that all improvements, workmanship and materials are in accord with
current and standard engineering and construction practices, and are of high grade,
prior to the City acceptance of the subdivision's improvements or any portion
thereof for operation and maintenance.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
ENGINEERING COMMENTS MLP2005-00005 PADDOCK PARTITION PAGE 16
CleanWater Services
� � � � �� ,�� RECEIVED PLANNING
MEMORANDUM AUG 0 2 2005
CITY OF TIGARD
DATE: July 29, 2005
+.M
FROM: Jackie Sue Humphreys, lean Water Services (the District)
TO: Gary Pagenstecher, City of Tigard
SUBJECT: Paddock Partition, MLP 2005-00005
GENERAL COMMENTS
■ The design submittal shall be in accordance with Clean Water Services (the District) Design
and Construction Standards, Resolution and Order No. 04-09 (R&O 04-09) and the Erosion
Prevention and Sediment Control Manual, December 2000 edition.
SANITARY SEWER
■ Each lot in the division shall be providecl with an individual connection to a public sanitary
sewer mainline.
STORM DRAINAGE AND WATER QUALITY
■ Each lot in the division shall be provided with an individual connection to a public storm
conveyance.
■ A hydraulic and hydrological analysis of storm conveyance system is necessary. If
downstream storm conveyance does not have the capacity to convey the volume during a 25-
year, 24-hour storm event, the applicant is responsible for mitigating the flow.
EROSION CONTROL
■ An Erosion Control Permit is required.
FINAL ENGINEERING PLANS
Prior to issuance of construction permits, a submittal must be made for review complying with
the above comments. Clean Water Services must verify that plans fulfill the NPDS permit issued
to Clean Water Services in compliance with ORS Chapter 451.
2550 SW Hillsboro Highway• Hillsboro, Oregon 97123
Phone: (503)681-3600• Fax: (503)681-3603 •www.CleanWaterServices.org
� '� ,LATIN VALLEY FIRE & RESCU� - SOUTH DIVISION
' ° COMMUNITY SERVICES • OPERATIONS • FIRE PREVENTION
�talatin Valley
Fire & Rescue
June 29, 2005
Gary Pagenstecher, Associate Planner
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
Re: Paddock 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 and finds no conflicts with
our interests with regard to the partition of the property.
At the time of construction on the newly created parcel, Tualatin Valley Fire & Rescue grants its
endorsement predicated on the following criteria and conditions of approval, as applicable to the type of
structure(s):
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.
2) DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be
provided with an approved turnaround.
3y 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.
a) ADDITIONAL ACCESS ROADS—COMMERCIAL: Where buildings exceed 30 feet in height or
three stories in height shall have at least three separate means of fire apparatus access. Buildings or
facilities having a gross area of more than 62,000 square feet shall be provided with at least two
separate means of fire apparatus access. Buildings up to 124,000 square feet provided with fire
sprinklers may have a single access.
5) ADDITIONAL ACCESS ROADS—ONE-OR TWO-FAMILY RESIDENTIAL: Where there are more
than 30 one- or two-family dwelling units, not less than two separate approved means of access shall
be provided. Where there are more than 30 dwelling units and all are protected by approved
residential sprinkler systems, a single access will be allowed.
6) ADDITIONAL ACCESS ROADS— MULTIPLE-FAMILY RESIDENTIAL: Where there are more than
100 multiple-family dwelling units, not less than two separate approved means of access shall be
provided. Projects up to 200 dwelling units that are protected by approved residential sprinkler
systems may have a single access. Projects having more than 200 dwelling units shall have two
separate approved means of access regardless of whether they are equipped with fire sprinkler
systems.
7) AERIAL FIRE APPARATUS ACCESS: Buildings or portions of buildings or facilities exceeding 30 feet in
height above the lowest level of fire department vehicle access shall be provided with approved fire
apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and
power lines shall not be located within the aerial fire apparatus access roadway. Fire apparatus access
roads shall have a minimum unobstructed width of 26 feet in the immediate vicinity of any building or portion of
7401 SW Washo Court,Suite 101 •Tualatin,Oregon 97062•Tel.(503}612-7000•Fax(503)612-7003•www.tvfr.com
building more than 30 feet�, ,�ght. At least one of the required access roG meeting this condition shall
be located within a minimum of 15 feet and a maximum of 30 feet from the building, and shall be
positioned parallel to one entire side of the building.
8) 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.
9) FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on
a fire apparatus access road, the minimum road width shall be 26 feet.
10) NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate
parked vehicles and 20 feet of unobstructed driving surface, "No Parking" signs shall be installed on
one or both sides of the roadway and in turnarounds as needed. Roads 26 feet wide or less shall be
posted on both sides as a fire lane. Roads more than 26 feet wide to 32 feet wide shall be posted on
one side as a fire lane. Signs shall read "NO PARKING - FIRE LANE" and shall be installed with a
clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches high and shall
have red letters on a white reflective background.
11) 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.
12) TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 28
feet and 48 feet respectively, measured from the same center point.
13) PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red and
marked "NO PARKING FIRE LANE" at approved intervals. Lettering shall have a stroke of not less
than one inch wide by six inches high. Lettering shall be white on red background.
14) 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
Electric gates shall be equipped with a means for operation by fire department personnel
Locking devices shall be approved.
15) COMMERCIAL BUILDINGS - REQUIRED FIRE FLOW: The required fire flow for the building shall
not exceed 3,000 gallons per minute (GPM) or the available GPM in the water delivery system at 20
psi, whichever is less as calculated using IFC, Appendix B. A worksheet for caiculating the required
fire flow is available from the Fire Marshal's Office.
16) 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.
17) FIRE HYDRANTS—COMMERCIAL BUILDINGS: Where a portion of the building is more than 400
feet from a hydrant on a fire apparatus access road, as measured in an approved route around the
exterior of the building, on-site fire hydrants and mains shall be provided. This distance may be
increased to 600 feet for buildings equipped throughout with an approved automatic sprinkler system.
Page 2 of 2
�'i`
�:
18) FIRE HYDRANTS—ON� .JD TWO-FAMILY DWELLINGS 8�ACC� .JRY 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.
19) 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 may 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.
20) FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more
than 15 feet from an approved fire apparatus access roadway.
21) 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
22) FIRE HYDRANT/FIRE DEPARTMENT CONNECTION: A fire hydrant shall be located within 100
feet of a fire department connection (FDC). Fire hydrants and FDC's shall be located on the same
side of the fire apparatus access roadway. FDCs shall normally be remote except when approved by
the fire code official.
23) 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.
24) KNOX BOX: A Knox Box for building access is required for this building. Please contact the Fire
Marshal's Office for an order form and instructions regarding installation and placement.
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
. ` �
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.: MLP2005-00005
Land Use File Name: PADDOCK PARTITION
I, Gary Paqenstecher, 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 approxima�e location(s) IF no address(s) and/or
tax lot(s) currently registered) ��; ( S- S�<. �, z`-tr.c 1��� 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 notice being hereto attached
and by reference made a part hereof, on the 2� day of �e -c� _ , 2005.
) �7
/E "��
Signature of P rs Who Performed Posting
h:\IoginlpattyVnasterslaffidavit of posting for staff to post a site.doc
M I N4R LAN D PARTITION (M LP) 2005-00005 �
REQUEST: A request for Minor Land Partition approval to partition one (1 ) existing .46-
acre lot into two (2) parcels for detached single-family residences. A single-family
dwelling exists on the subject parcel and is proposed to remain on Parcel #1 . To
accommodate the existing dwelling on proposed Parcel #1 after dedication of seven feet
to the SW Grant right-of-way, a side yard facing street on corner setback variance is als
requested, which would allow the reduction of the required 15-foot setback to 2.95 feet. A
second variance is requested to reduce the front yard setback from 20 feet to 12 feet to
accommodate the dedication of right-of-way on Johnson Street. LOCATION: 9865 SW
Johnson Street; WCTM 2S102BA, Tax Lot 1800. 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 conditionall�
APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370,
18.390, 18.420, 18.510, 18.705, 18.715, 18.745, 18.765, 18.790, 18.795 and 18.810.
Further information may be obtained from the Planning Division (staff contact: Garv
Paqenstecher) at 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503-639-4171 , or by
email to Garyp(a�ci.tigard.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.
J- - - - .I
O . �
� li GCOGRAP�iiC INGORMn1inN Sv��*fM
- � Sl.y� � AREA NOTIF1m ;
�'yMFRc/ (500')
��S
r
Jmuuu�sn -----------
'""""'" FOR: Ryan Paddock
mnruun
RE: ZS I OZ BA, I 800
mnu�nw _���__�����
awer�:� ��'
w
mn�u=� Property owner information
mm�m is valid for 3 months from
'""'"""' the date printed on this map.
O a
tiN�1
rn�x� "l�O� �twrm
mnwna mnrmx
�� mm�a:n �
� � � marux� ��
I�j - - mm�n�w'. �
` � --- lf/07M�1601
Q mnnn� �
mann�u
� mnnn� �
mm�mu mm� � mnwww
rn�
m�mnw n� w
O �
maunn maumw
� f �rm mm�n�a
: �
I
ax� mnnnm ♦ �
mu • I N
�
mu I
�tp� M
\ rn��
\ D 200 400
mm�� -
1"=493 feet
2ic� '
����F
City of Tigard
Infortnation on this map is for general location only and
should De verified with the Develaqnent Senices Divisbn.
13125 SVY Hall Blvd
Tigard,OR 97223
(503)639-4171
http:!/www.ci.t iga rd.or.ua
Community Development Plot date:Jun 1,2005;C:lmagicWIAGIC03.APR
� .
251028A-02800 2S102BA-00501
ARNDT LOUISE S ELLIOTT JAMES R&SHERRY D
9801 SW JOHNSON ST BY ESP PROPERTY FACTORS INC
TIGARD,OR 97223 1522 SW SUNSET BLVD
PORTLAND,OR 97239
2S1028B-01800 2S102BA-02102
BEMIS THERESA ENGH KENNETH A/SHELLEY L
12535 SW GRANT AVE 9955 SW JOHNSON STREET
TIGARD, OR 97223 TIGARD,OR 97223
2S102BA-01503 2S102BA-02300
BERNARD BRADLEY S&JENNIFER L ENRIGHT BRENDAN
PO BOX 23608 21028 HWY 99E NE
TIGARD,OR 97281 AURORA,OR 97002
2S1028A-01500 zsiozss-oizaz
BERNARD KRIS FORD ROBIN UKELLY J
12348-12350 SW GRANT AVE 10010 SW JOHNSON ST
PORTLAND, OR 97223 TIGARD,OR 97223
2S10268-01400 2S1028B-012o1
BOGDEN ROBERT W AND JANSEN STEVEN J
BARBARA J 20633 SW ELK HORN CT
9940 SW JOHNSON STREET TUALATIN,OR 97062
TIGARD,OR 97223
2S10288-01802 2S102BA-02101
BONIFACIO BELLA JONES MATTHEW Q&
12533 SW GRANT AVE PENCE-JONES ANNA R
TIGARD,OR 97223 9945 SW JOHNSON ST
TIGARD,OR 97223
2S102BA-02100 251026A-02700
BORSCH LUCILLE HUGHES AND KUNIS ELAINE C&TONY W
JOSEPH ANTHONY 3929 SW FRIAR RD
9935 SW JOHNSON ST TOPEKA,KS 66610
TIGARD, OR 97223
25102BA-02600 2S102B8-02200
BROWN WILLIAM C 8 LAWRENCE GREGORY S
KIMBERLY J 10020 SW MOLLY CT
PO BOX 1001 TIGARD,OR 97223
TUALATIN,OR 97062
2S102BB-01302 2S102BB-01200
EISENHAUER WILLIAM D&DAWN P LEARY DAVID L AND
10000 SW JOHNSON ST KATHLEEN J
TIGARD,OR 97223 10020 SW JOHNSON
TIGARD,OR 97223
25�026A-01190 2S102BA-02103
ELKINS ALVIN S& LOUGHRAN THOMAS R&
ELKINS ERNEST TRUSTEES WEIDLING BRENT ERIK
�'' 32224 SW BOONES BEND RD 9965 5W JOHNSON ST
WILSONVILLE,OR 97070 TIGARD,OR 97223
2S102BB-02000, 2S102BB-01600
MCCARTHY TIMOTHY ROMAN CATHOLIC ARCHBISHOP OF
12575 SW GRANT AVE PORTLAND IN OREGON
TIGARD,OR 97223 2838 E BURNSIDE
PORTLAND,OR 97214
2S 102 B B-03000 2 102B D-00100
MOORE'S MEADOW HOMEOWNERS ASSOC RO AN C HOLIC ARCHBISHOP OF
PO BOX 1082 POR D IN OREGON
CLACKAMAS,OR 97015 28 NSIDE
ORTLAND, R 97214
102B6-02900 2S10266-02100
MO E' ADOW HOMEOWNERS ASSOC SANCHEZ J GUADALUPE 8
PO 082 ZAVALA BLANCA E
CKAM ,OR 97015 10000 SW MOLLY CT
TIGARD,OR 97223
1028B-0310 2S102BB-D1300
MO E' EADOW HOMEOWNERS ASSOC SHEARER EMMETT J/ELISE C
PO 1082 9980 5W JOHNSON
CKA , OR 97015 TIGARD,OR 97223
2S10266-01301 2S702BB-01500
MURRAY JAMES A&MOLLY SIMELE PAUL E&
9982 SW JOHNSON ST NGUYEN HANH T 8
TIGARD, OR 97223 PHAM MY DUNG THI
12583 SW 116TH AVE
TIGARD,OR 97223
2S1026A-01800 2S102BA-03000
PADDOCK ROUSE LLC SINGH MAIHEN AND ARUNA
4340 SE JOHNSON CREEK BLVD 9777 SW JOHNSON
MILWAUKIE,OR 97222 TIGARD,OR 97223
2S102BA-01607 2S10288-00900
PORTLAND GENERAL ELECTRIC SMITH CHARLES R&DEBRA D
COMPANY 10065 SW JOHNSON ST
121 SW SALMON ST TIGARD,OR 97223
PORTLAND,OR 97204
2 1028A-01600 2S102B8-00833
PO LAND ERAL ELECTRIC SMITH CHRISTINE DANIELLE
COMP 10050 SW JOHNSON ST
121 S MON ST TIGARD,OR 97223
RTLAND, 97204
2S102BA-02000 251028A-02200
REED WILLIAM C 8 STROUM DONALD M 8
LUNDBERG LYDIA ANDREA J
PO BOX 12564 9975 SW JOHNSON ST
PORTLAND, OR 97212 TIGARD,OR 97223
2S102BB-01700 25102BA-02500
ROMAN CATHOLIC ARCHBISHOP STROUM EVAN P
OF PORTLAND IN OREGON 12380 SW GRANT AVE
2838 E BURNSIDE ST TIGARD,OR 97223
PORTLAND,OR 97214
i .
2 1026A-01501 ' 2S102BB-02300
TI D OF WRIGHT TRACY A&
1312 HALL DOUGLAS WAYNE A
T ARD, 97223 10040 SW MOLLY CT
TIGARD,OR 97223
2 1026A-0170
TI RD OF
1312 W HALL
Z! ARD, 97223
251028A-00304
TIGARD INDUSTRIAL LLC
11336 SW BULL MOUNTAIN RD#104
TIGARD, OR 97224
S1028A-00300
TI RD I USTRIAL LLC
1133 W BULL MOUNTAIN RD#104
ARD, R 97224
2S102BA-02900
TRAN HAO
HO EM T
9789 SW JOHNSON
TIGARD,OR 97223
2S102BB-01801
TUBBS WI�LIAM R JR&KIMBERLY K
12531 SW GRANT AVE
PORTLAND,OR 97223
2S1028A-01502
VANDOMELEN KENNETH A
28580 SW 60TH AVE
WILSONVILLE,OR 97070
251028A-01900
WAGNER EDWARD AND MARIE G
TRUSTEES
9885 SW JOHNSON 5T
TIGARD,OR 97223
2S1o2B6-o2aoo
WEESE OONA L 8
GROVER CHRIS P
10060 SW MOLLY CT
TIGARD,OR 97223
2S102BA-01400
WOODARD PARK APARTMENTS LLC
9685 SW JOHNSON
TIGARD,OR 97223
� .
Brooks Gaston
3206 Princess
Edinburg, TX 78539
Don & Dorothy Erdt
13760 SW 121st Avenue
Tigard, OR 97223
Ellen Beilstein
14630 SW 139th Avenue
Tigard, OR 97224 .
Martha Bishop
10590 SW Cook Lane
Tigard, OR 97223
Vanessa Foster
13085 SW Howard Drive
Tigard, OR 97223
Susan Beilke
11755 SW 114th Place
Tigard, OR 97223
CPO 46
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Patricia Keerins
12195 SW 121st Avenue
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
Gretchen Buehner
13249 SW 136th Place
Tigard, OR 97224
CITY OF TIGARD - CENTRAL INTERESTED PARTIES �i:lcurpinlsetupllabels\CIT Central.doc) UPDATED: 12-May-05
May 31 05 08;57a Ryan Paddock 503-653-5955 p.1
� , . `,.,���V�V
CITY OF TIGARD
COMMUNIII' DEVELOPMENT DEPART�IENT
PlAhl�ffNG DIYISI4N
�3 I Z5 SW �IALL BOULEVARD cm o�n�eafl
TIGARD, DREGUi� 97223 �D�`�'`�`�''��'�
P80NE: 503-639-41 TI FAIL• 5o3-6s4-7241 (Attn: Patt�rlPlaoning) ����`�`r�O"�y
� � O O O � �� D C n 0 ,�0� f� Q ` �
u � �u � v
Praperty owner fnformation is vafid for 3 months from the date af your request
IND�CATE A�.i. PROJECT MAP &TAX LOT NUMBERS (i.e. 1S334AB, Tax L�t OO�qO} OR THE
ADDRESSES FOR ALL PRO.�ECT �Ai�CELS BELOW:
Rf367� � c.� �+ws� S�. �z�� �r 6ao�
PLEASE BE AWARE THAT ONLY 1 5ET QF LABELS WlLL BE Pl�OVtQED AT THIS TIME FOR
HOLDING YOUR NEIGHBQRHOaD MEET[NG. After submitting your lana use apRlicafior� to the City, and
the pro'ect pianner has rev�ewed your applicatio for completeness, you will b� notified by means of an
incomp�eteness letter to obtain your 2 finat sets of�abels.
The 2 final.sets of labefs r�eeecf to be placed on envelopes with first class lefter-rate postage on the
envelapes rn the form of �postage stamps (no rnetered envelopes and no refurn address} and .
resubrnitted to the City,for the pur�ose of providing no6ce to proper�y owners of t�e pro p,ased land use
appl►cation and the dec�sion. The 1 sets of e�velopes must be kept separate. The person ]isted below wil!
be called to pick up a�d Ray for the labels when they are ready.
NAME OF CONTACT P�RSON: 2. � �. PHONE; S�3- 250-a�"�3
FAX: _Sa� -� S3-Sp S"S
This request may be mai ed, fax or hand delivere to t e City of Tigard. Please allow a
2-day minimum for processing reques�s. Upon completion of your re�uest, the contact per�on w�ll be
called to pi�k up the�r request that wiA be placed in "Will Calf by their last name, at t�e Cammunity
Development Reception Desk.
The cost of processing your requesf rnust be paid at the 6me of pick up, as exact cost can not be
pre-determined.
PLEASE NOTE: FOR REASONS OF ACCURaCY, ONLY ORIGINAL MAILING �ABELS PROVIDED
BY THE CITY VS. RE-TYPED MAILING LABELS WlLL BE ACCEPTED.
Cost Qescription:
�11 b generate the mailing list,plus$2 per shee#far pr�ting the tist onta labels{2U addr�sses per sheet).
Then, muJti 1 the cost tu rint one set af labels b the number of sets uested.
EXAMPLE COST FOR TH1S REQUEST
4 sheets ot labels x$2Jsheet=��QQ x�sels= $�6.aD �� sheet(s)of la�eis x 521sheel= x�_sets= ,, /�,�D
,.�sheets a(labels x$Zlsheet fot intefesied parties x 2 sels= $ d.aD �sheet(s)af fabels x 521sheet ior in eresied parties=�,C_x���
GENERATE UST = � .� GENERATE UST =
TOTAL = S31A0 \^;� TOTA - $
�`� - ��
�V
2S1026A-01800
PADDOCK ROUSE LLC
4340 SE JOHNSON CREEK BLVD
MILWAUKIE,OR 97222
4 •
AFFIDAVIT OF MAILING cirroFnonR�
Community�Uevelopment
Shapingf7�detterCommunity
I, �Patricia L. Lu ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrative SpeciaCut for
the �'ity of 7fgar , 'Washington County, Oregon and that I served the following:
{Checic Appropnate Box(s)Below}
❑x NOflCE Of PENOIN6 LAND USE APPLICATION fOR: MLP2005-00005/PADDOCK PARTITION
❑ AMENDED NOTICE (File No./Name Reference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked EXhlbit"A", and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Ellhlblt'B", and by reference made a part
hereof, on lune 21,2005, and deposited in the United States Mail on lune 21,2005, postage prepaid.
� � ��'�C�
(Person hat Pr pare otice)
.57,A2E O�F'O�GON )
County of`Was rngton )ss.
�'ity of 2igard )
Subscribed and sworn/a�rmed before me on the �� day of ���-- , 2005.
� oF���l:!ALOEAL � �
Sl';�U..3
iVli*.i... p:!BLIGOhiE(iJN I �i .��
► COMM!`'`_'ION iv0.375152
! !NY COMh. ��ION EXPIRES nEG �,2.�- I ' _/_ �
My Com ion Expires: �°Z � 7
� � EXH I B iT.g,.
NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR�R SELLER:
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
NOTICE OF PENDING LAND USEAPPLICATION CITYOfTIGARD
MINOR LAND PARTITION Shaptr�AtBetter�ommunity
DATE OF NOTICE: June 21, 2005
FILE NUMBER: MINOR LAND PARTITION (MLP) 2005-00005
FILE NAME: PADDOCK PARTITION
PROPOSAL: A request for Minor Land Partition approval to partition one (1) existing .46-acre lot into two
(2) parcels for detached single-family residences. A single-family dwelling exists on the
subject parcel and is proposed to remain on Parcel #1. To accommodate the existing
dwelling on proposed Parcel #1 after dedication of seven feet to the SW Grant right-of-way,
a side yard facing street on corner setback variance is also requested, which would allow
the reduction of the required 15-foot setback to 2.95 feet. A second variance is requested to
reduce the front yard setback from 20 feet to 12 feet to accommodate the dedication of
right-of-way on Johnson Street.
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 18.370, 18.390, 18.420, 18.510, 18.705, 18.715,
18.745, 18.765, 18.790, 18.795 and 18.810.
LOCATION: 9865 SW Johnson Street; WCTM 2S102BA, Tax Lot 1800.
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 JULY 5. 2005. All comments should be directed to Gary 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 GaryqCa�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 C�NSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE
IS TENTATIVELY SCHEDULED FOR JULY 29. 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 WITH�N
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."
+r .........,......,,....,.�.
�Ii11�Tr qAr
$ s"' --------
�"`�e, MLP2005-00005
YAR2005-00063
YAR2005-00064
° PADDOCK PARTITION
<
� , e -
�,
�,v�``' �
�.....,..
.
N
T �iF �..
sr � cuY or�r�e
. �a..�.+....
....�.;:.
��
r...��
...�.�....
ARNDT LOU SE S ELLIOTT JAMES R 8 SHERRY D EXHIBIT�..
9801 SW JOHNSON ST BY ESP PROPERTY FACTORS INC
TIGARD,OR 97223 1522 SW SUNSET BLVD
PORTLAND,OR 97239
2S10268-01800 2S102BA-02702
BEM15 THERESA ENGH KENNETH A/SHELLEY L
12535 SW GRANT AVE 9955 SW JOHNSON STREET
TIGARD,OR 97223 TIGARD,OR 97223
2S102BA-01503 2S1028A-02300
BERNARD BRADLEY S&JENNIFER L ENRIGHT BRENDAN
PO BOX 23608 21028 HWY 99E NE
TIGARD,OR 97281 AURORA,OR 970�2
2S1028A-01500 2S102B8-01202
BERNARD KRIS FORD ROBIN UKELLY J
12348-12350 SW GRANT AVE 10010 SW JOHNSON ST
PORTLAND,OR 97223 TIGARD,OR 97223
2S102B6-01400 2S10288-01201
BOGDEN ROBERT W AND JANSEN STEVEN J
BARBARA J 20633 SW ELK HORN CT
9940 SW JOHNSON STREET TUALATIN,OR 97062
TIGARD,OR 97223
2S1028B-01802 2S1028A-02101
BONIFACIO BELLA JONES MATTHEW Q 8�
12533 SW GRANT AVE PENCE-JONES ANNA R
TIGARD,OR 97223 9945 SW JOHN50N ST
TIGARD,OR 97223
2S102BA-02100 2S102BA-02700
BORSCH LUCILLE HUGHES AND KUNIS ELAINE C 8 TONY W
JOSEPH ANTHONY 3929 SW FRIAR RD
9935 SW JOHNSON ST TOPEKA,KS 66610
TIGARD,OR 97223
2S1028A-02600 2S10286-02200
BROWN WILLIAM C 8 LAWRENCE GREGORY S
KIMBERLY J � 10020 5W MOLLY CT
PO BOX 1001 TIGARD,OR 97223
TUALATIN,OR 97062
2S10286-01302 2S1028B•01200
EISENHAUER WILLIAM D 8 DAWN P LEARY DAVID L AND
10000 SW JOHNSON ST KATHLEEN J
TIGARD,OR 97223 10020 SW JOHNSON
TIGARD,OR 97223
2S102BA-01190 2S102BA-02103
ELKINS ALVIN S& LOUGHRAN THOMAS R&
ELKINS ERNEST TRUSTEES WEIDLING BRENT ERIK
32224 SW BOONES BEND RD 9965 SW JOHNSON ST
WILSONVILLE,OR 97070 TIGARD,OR 97223
� . . ,
2S102B6-02000 2S10288-01600
MCCARTHY TIMOTHY ROMAN CATHOLIC ARCHBISHOP OF
12575 SW GRANT AVE PORTLAND IN OREGON
TIGARD, OR 97223 2838 E BURNSIDE
PORTLAND,OR 97214
2S1028B-03000 7026D-00100
MOORE'S MEADOW HOMEOWNERS ASSOC RO AN C HOLIC ARCHBISHOP OF
PO BOX 1082 POR D IN OREGON
CLACKAMAS,OR 97015 28 NSIDE
ORTLAND, R 97214
1026B-Q2900 2S102B8-02100
MO E' ADOW HOMEOWNERS ASSOC SANCHEZ J GUADALUPE 8
PO 082 ZAVALA BLANCA E
CKAM ,OR 97015 10000 SW MOLLY CT
TIGARD,OR 97223
10266-0310 2S102BB-01300
MO E' EADOW HOMEOWNERS ASSOC SHEARER EMMETT J/ELISE C �
PO 1082 9980 SW JOHNSON
CKA ,OR 97015 TIGARD,OR 97223
2S102B6-01301 2S10266-01500
MURRAY JAMES A&MOLLY SIMELE PAUL E&
9982 SW JOHNSON ST NGUYEN HANH T&
TIGARD, OR 97223 PHAM MY DUNG THI
12583 SW 116TH AVE
TIGARD,OR 97223
251028A-01800 2S102BA-03000
PADDOCK ROUSE LLC SINGH MAIHEN AND ARUNA
4340 SE JOHNSON CREEK BLVD 9777 SW JOHNSON
MILWAUKIE,OR 97222 TIGARD,OR 97223
2S1026A-Q1601 2S10288-00900
PORTLAND GENERAL ELECTRIC SMITH CHARLES R 8 DEBRA D
COMPANY 10065 SW JOHNSON ST
121 SW SALMON ST TIGARD,OR 97223
PORTLAND,OR 97204
2 1028A-01600 2S102B8-00833
PO LAND ERAL ELECTRIC SMITH CHRISTINE DANIELLE
COMP 10050 SW JOHNSON ST
121 S MON ST TIGARD,OR 97223
RTLAND, 97204
2S1026A-02000 2S102BA-02200
REED WILLIAM C 8 STROUM DONALD M&
LUNDBERG LYDIA ANDREA J
PO BOX 12564 9975 SW JOHNSON ST
, PORTLAND,OR 97212 TIGARD,OR 97223
2S102BB-01700 251028A-02500
ROMAN CATHOLIC ARCHBISHOP STROUM EVAN P
OF PORTLAND IN OREGON 12380 SW GRANT AVE
2838 E BURNSIDE ST TIGARD,OR 97223
PORTLAND,OR 97214
. , , ,
102BA-01501 2S102B8-02300
TI D OF WRIGHT TRACY A&
1312 HALL DOUGLAS WAYNE A
T ARD, 97223 10040 SW MOLLY CT
TIGARD,OR 97223
2 102BA-0170
TI RD Y OF
1312 HALL
T.1 ARD, 97223
25102BA-00304
TIGARD INDUSTRIAL LLC
11336 SW BULL MOUNTAIN RD#104
TIGARD,OR 97224
51028A-0030
TI RD I USTRIAL LLC
1133 W BULL MOUNTAIN RD#104
ARD, R 97224
2S102BA-02900
TRAN HAO
HO EM T
9789 SW JOHNSON
TIGARD,OR 97223
2S102BB-01801
TUBBS WILLIAM R JR&KIMBERLY K
12531 SW GRANT AVE
PORTLAND,OR 97223
2S102BA-01502
VANDOMELEN KENNETH A
28580 SW 60TH AVE
WILSONVILLE,OR 97070
2S102BA-01900
WAGNER EDWARD AND MARIE G
TRUSTEES
9885 SW JOHNSON ST
TIGARD,OR 97223
2510266-02400
WEESE OONA L&
GROVER CHRIS P
10�60 SW MOLLY CT
TIGARD, OR 97223
2S102BA-01400
WOODARD PARK APARTMENTS LLC
9685 SW JOHNSON
TIGARD,OR 97223
Brooks Gaston
3206 Princess
Edinburg, TX 78539
Don & Dorothy Erdt
13760 SW 121st Avenue
Tigard, OR 97223
Ellen Beilstein
14630 SW 139th Avenue
Tigard, OR 97224 ,
Martha Bishop
10590 SW Cook Lane
Tigard, OR 97223
Vanessa Foster
13085 SW Howard Drive
Tigard, OR 97223
Susan Beilke
11755 SW 114th Place
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Patricia Keerins
12195 SW 121stAvenue
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
Gretchen Buehner
13249 SW 136th Place
Tigard, OR 97224
CITY OF TIGARD - CENTRAL INTERESTED PARTIES (i:\curpin\setup\IabeIslCIT Central.doc) UPDATED: 12-May-05
FFIDAVIT OF MAILIHG CITYOFTIl3ARD
('ommunity�DeveCopment
ShapingA R3etterCommunity
I, �atricia G. Lu�ord, being first duly sworn/affirm, on oath depose and say that I am a SereiorA�'ministrative SpeciaC�,st for
the City of 7'igar , �Washington County, oregon and that I served the following:
{Chedc Appropriate Box(s)Below}
❑x NOTICE OF DECISION FOR: MLP2005-00005/VAR2005-00063 & 64 — PADDOCK PARTITION
❑ AMENDED NOTICE (File No.IName Reference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked E1lhlblt"A", and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked E1(h161t"B",and by reference made a part
hereof, on AuguSt 5,2005, and deposited in the United States Mail on August 5,2005, postage prepaid.
,-- ,
��� .
�
(Person re ed Notice)
,57A7E O�F O�j�GON )
County of'WasFiington )ss.
City of T�ard ) ./�
�
Subscribed and sworn/affirmed before me on the � day of , 2005.
�.yF,,� OFFICI.4L�E._
��' .t� i .S��f- �'n�`''
\•�;% P ^'4RY F1;E31J� ".�� ^,. ,
`�--� ' �.�.vIISS!��N�0�?;51t:
_ f.:YCQ�:'"91��^�!F�P;AES G;.�.1,[G;,�7 ��y , r�y�
"`�`�- My C ssion E�ires: �
� EXHIBIT.�
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2005-00005 � `
CITY OF TIGARD
PADDOCK PARTITION community���'eCopment
ShapingA BetterCommunity
120 DAYS =10/15/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: PADDOCK PARTITION
CASE NOS: Minor Land Partition (MLP) MLP2005-00005
Administrative Variance (VAi�) VAR2005-00063
Administrative Variance (VAR) VAR2005-00064
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
.46-acre lot into two (2) parcels for detached single-family residences. Q
single-family dwelling exists on the subject parcel and is proposed to remain on
Parcel #1. To accommodate the existing dwelling on proposed. Parcel #1 after
dedication of seven feet to the SW Grant right-of-way, a corner side yard setback
Variance is requested to permit the reduction of the required 15-foot setback to
2.95 feet. A second Variance is requested to reduce the front yard setback from
20 feet to 12 feet to accommodate the dedication of right-of-way on Johnson
Street.
APPLICANT: Paddock Rouse, LLC OWNER: Same
Attn: Ryan Paddock
4340 SE Johnson Creek Blvd.
Milwaukie, OR 97222
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: 9865 SW Johnson Street; WCTM 2S1026A, Tax Lot 1800.
PROPOSED PARCEL 1: 8,135 Square Feet.
PROPOSED PARCEL 2: 10,000 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390 Decision-Making
Procedures); 18.420 (Land Partitions); 18.510 Residential �oning Districts);
18.705 (Access Egress and Circulation); 18.715 (�ensity Computations); 18.745
(Landscaping and Screening); 18.765 (Off-$treet parking and Loading
Req uirements); 18.790 (Tree Removal ; 18.795 (Visual Clearance Areas); and
18.810 (Street and Utility Improvement �tandards).
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:
01�1 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 AUGUST 5, 2005 AND BECOMES
EFFECTIVE ON AUGUST 20, 2005 UNLESS AN APPEAL IS FILED.
A��eal:
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may
appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community
Development Code which provides that a written appeal together with the required fee shall be filed
with the Director within ten (10) business days of the date the Notice of Decision was mailed. The
appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW
Fiall Boulevard, Tigard, Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that
may be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON AUGUST 19, 2005.
Questions:
oF r u�r information please contact the Planning Division Staff Planner, �Gar� Paqenstecher at
(503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223.
� — � - �r,,�S � --- - .................,......,
U l �
Na1RY MA� '
�
��'°�sT MLP2005-00005
YAR2005-00063
YAR2005-00064
� PADDOCK PARTITION
,
Q G
�
M �
p�, i g ....__ �
�� o �
•
N
i�
ST � ���o�
r....rr
���.
.tiw�.�..
_�� �
/ "si
� F;�.t
✓ / �`....
F.�Y �
'9' � ��'+�'''o.�..,'\ �� �� '•,'i/
/,' ` � .
� � .i�w
�• . � �� � -2. '��4�.
/ w
��� ''• �� e . .:$'/ i. % /
�'� y,;.� �.,. � � /�• '';�• , .,.
'�.�" �-�:u.��'-'- --- � /Y, o�''ti'''''�••
. � s�
.A`� .fw�\\,a` y .
:---�^�`, yN � � lv,;%,
JO,�'\ �� �,. ,r• f�i
`�+ �\``� i�~/ itiR,'�...
+,�
I �If '' ,.'`-�1;�`'����
� 'CC
,� C�TY Of T16ARD � MLP2005-00005
�� N PADDOCK PARTITION
N not to+cW
� i't.t LPacb.s�S
2S102BA-02800 2S102BA-00501
ARNDT LOUISE S ELLIOTT JAMES R&SHERRY D EXH I B IT,,$._
9801 SW JOHNSON ST BY ESP PROPERTY FACTORS INC
TIGARD,OR 97223 1522 SW SUNSET BLVD
PORTLAND,OR 97239
2S10268-01800 2S102BA-02102
BEMIS THERESA ENGH KENNETH A/SHELLEY L
12535 SW GRANT AVE 9955 SW JOHNSON STREET
TIGARD,OR 97223 TIGARD,OR 97223
2S102BA-01503 251026A-02300
BERNARD BRADLEY S&JENNIFER L ENRIGHT BRENDAN
PO BOX 23608 21028 HWY 99E NE
TIGARD,OR 97281 AURORA,OR 97002
2S1026A-01500 2S1028B-01202
BERNARD KRIS FORD ROBIN UKELLY J
12348-12350 SW GRANT AVE 10010 SW JOHNSON ST
PORTLAND,OR 97223 TIGARD,OR 97223
2S102B8-01400 2S1028B-01201
BOGDEN ROBERT W AND JANSEN STEVEN J
BARBARA J 20633 SW ELK HORN CT
9940 SW JOHNSON STREET TUALATIN,OR 97062
TIGARD,OR 97223
2S10288-01802 2S1028A-02101
BONIFACIO BELLA JONES MATTHEW Q 8
12533 SW GRANT AVE PENCE-JONES ANNA R
TIGARD,OR 97223 9945 SW JOHNSON ST
TIGARD,OR 97223
2S102BA-02100 2S1026A-02700
BORSCH LUCILLE HUGHES AND KUNIS ELAINE C 8 TONY W
JOSEPH ANTHONY 3929 SW FRIAR RD
9935 SW JOHNSON ST TOPEKA,KS 66610
TIGARD,OR 97223
2S1o2BA-o26o0 2S1o2B6-o2200
BROWN WILLIAM C 8 LAWRENCE GREGORY S
KIMBERLY J � 10020 SW MOLLY CT
PO BOX 1001 TIGARD,OR 97223
TUALATIN,OR 97062
2510288-01302 2S102B8-01200
EISENHAUER WILLIAM D&DAWN P LEARY DAVID L AND
10000 SW JOHNSON ST KATHLEEN J
TIGARD,OR 97223 10020 SW JOHNSON
TIGARD,OR 97223
2S102BA-01190 2S102BA-02103
ELKINS ALVIN S 8 LOUGHRAN THOMAS R 8
ELKINS ERNEST TRUSTEES WEIDLING BRENT ERIK
32224 SW BOONES BEND RD 9965 SW JOHNSON ST
WILSONVILLE,OR 97070 TIGARD,OR 97223
2S102B6-02000 2S102BB-01600
MCCARTHY TIMOTHY ROMAN CATHOLIC ARCHBISHOP OF
12575 SW GRANT AVE PORTLAND IN OREGON
TIGARD,OR 97223 2838 E BURNSIDE
PORTLAND,OR 97214
2S102B6-03000 1026D-00100
MOORE'S MEADOW HOMEOWNERS ASSOC RO AN C HOLIC ARCHBISHOP OF
PO BOX 1082 POR D IN OREGON
CLACKAMAS,OR 97015 28 NSIDE
ORTLAND, R 97214
102B8-02900 2S102BB-02100
MO E'S ADOW HOMEOWNERS ASSOC SANCHEZ J GUADALUPE&
PO 082 ZAVALA BLANCA E
CKAM , OR 97015 10000 SW MOLLY CT
TIGARD,OR 97223
10266-0310 2S102B8-01300
MO E' EADOW HOMEOWNERS ASSOC SHEARER EMMETT J/ELISE C
PO 1082 9980 SW JOHNSON
CKA ,OR 97015 TIGARD,OR 97223
2s�o2as-oisoi zs�o2ea-o�soo
MURRAY JAMES A&MOLLY SIMELE PAUL E&
9982 SW JOHNSON ST NGUYEN HANH T 8
TIGARD,OR 97223 PHAM MY DUNG THI
12583 SW 116TH AVE
TIGARD,OR 97223
2S'1028A-01800 2S702BA-03000
PADDOCK ROUSE LLC SINGH MAIHEN AND ARUNA
4340 SE JOHNSON CREEK BLVD 9777 SW JOHNSON
MILWAUKIE,OR 97222 TIGARD,OR 97223
251026A-01601 2S10266-00900
PORTLAND GENERAL ELECTRIC SMITH CHARLES R 8 DEBRA D
COMPANY 10065 SW JOHNSON ST
121 SW SALMON ST TIGARD,OR 97223
PORTLAND,OR 97204
2 102BA-01600 2S102B6-00833
PO LAND ERAL ELECTRIC SMITH CHRISTINE DANIELLE
COMP 10050 SW JOHNSON ST
121 S MON ST TIGARD,OR 97223
RTLAND, 97204
2S1026A-02000 2S7028A-02200
REED WILLIAM C 8 STROUM DONALD M&
LUNDBERGLYDIA ANDREAJ
PO BOX 12564 9975 SW JOHNSON ST
PORTLAND,OR 97212 TIGARD,OR 97223
2510266-01700 2S102BA-02500
ROMAN CATHOLIC ARCHBISHOP STROUM EVAN P
OF PORTLAND IN OREGON 12380 SW GRANT AVE
2838 E BURNSIDE ST TIGARD,OR 97223
PORTLAND,OR 97214
1026A-01501 2S10286-02300
TI D OF WRIGHT TRACY A&
1312 HALL DOUGLAS WAYNE A
T ARD, 97223 10040 SW MOLLY CT
TIGARD,OR 97223
2 1026A-0170
TI RD Y OF
1312 W HALL
til ARD, 97223
2S102BA-00304
TIGARD INDUSTRIAL LLC
11336 SW BULL MOUNTAIN RD#104
TIGARD,OR 97224
S102BA-00300
TI RD I USTRIAL LLC
1133 W BULL MOUNTAIN RD#104
ARD, R 97224
2S102BA-02900
TRAN HAO
HO EM T
9789 SW JOHNSON
TIGARD,OR 97223
2sio26e-oieoi
TUBBS WILLIAM R JR&KIMBERLY K
12531 SW GRANT AVE
PORTLAND,OR 97223
2S102BA-01502
VANDOMELEN KENNETH A
28580 SW 60TH AVE
WILSONVILLE,OR 97070
251028A-01900
WAGNER EDWARD AND MARIE G
TRUSTEES
9885 5W JOHNSON ST
TIGARD,OR 97223
2S102B6-02400
WEESE OONA L&
GROVER CHRIS P
10060 SW MOLLY CT
TIGARD, OR 97223
2S102BA-01400
WOODARD PARK APARTMENTS LLC
9685 SW JOHNSON
TIGARD,OR 97223
Brooks Gaston
3206 Princess
Edinburg, TX 78539
Don & Dorothy Erdt
13760 SW 121 st Avenue
Tigard, OR 97223
Ellen Beilstein
14630 SW 139th Avenue
Tigard, OR 97224 ,
Martha Bishop
10590 SW Cook Lane
Tigard, OR 97223
Vanessa Foster
13085 SW Howard Drive
Tigard, OR 97223
Susan Beilke
11755 SW 114th Place
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Patricia Keerins
12195 SW 121st Avenue
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
Gretchen Buehner
13249 SW 136th Place
Tigard, OR 97224
CITY OF TIGARD - [ENTRAL INTERESTED PARTIES �i:lcurpin\setup\labels\CIT Central.doc) UPDATED: 12-May-05
AFFIDAVIT OF MAILIHG CITYOFTI6ARD
Commurtity�Development
Slwpingl7 Bette�Comrnunity
I, �Patricia L. Lu�ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorArlminutratr'ue SpecraCut for
the City of7'�gar , 'Washington Counry, oregon and that I served the following:
{Check Appropnate Box(s)Below}
� NOTICE OF DECISION fOR: MLP2005-00005/VAR20D5-00063 & 64 — PADDO[K PARTITION
� AMENDED NOTICE (File No.lName Reference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Ellhlblt"A", and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Exhlbit"B",and by reference made a part
hereof, on AlIg11St 5,2005.and deposited in the United States Mail on A11911St 5,2005,postage prepaid.
�
(Person that ared NotiFe)
,57,A2�o�o��oN )
County o}'4Nasfiington )ss.
City of 2igard ) �
�
Subscribed and sworn/affirmed before me on the `day of�� , , 2005.
.��•; . OFFICIAL SEr',_
�u: �.�+�r • �I)f �,/1�4 .
�_`.� r �,aaY Fuau� � „ -���-�
" ` �:i.NISS!C�N N0.?i51;;2
_ f.'�1�'CQP,y'�^JII��^'�t�PIHES G�:,.1,20:!7 �CO 1011�111'CS: /� V��� �
EXHIBIT..L�..
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2005-00005
cin oF rioaRn
PADDOCK PARTITION c°m"��nit''`°�er�""en`
ShapingA BetterCommuni
120 DAYS =10/15/2005
SECTION I. APPLICATION SUMMARY
FILE NAME: PADDOCK PARTITION
CASE N�S: Minor Land Partition (MLP) MLP2005-00005
Administrative Variance VAR VAR2005-00063
Administrative Variance �VAR; VAR2005-00064
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
.46-acre lot into two (2) parcels for detached single-family residences. A
single-family dwelling exists on the subject parcel and is proposed to remain on
Parcel #1. To accommodate the existing dwelling on proposed Parcel #1 after
dedication of seven feet to the SW Grant right-of-way, a corner side yard setback
Variance is requested to permit the reduction of the required 15-foot setback to
2.95 feet. A second Variance is requested to reduce the front yard setback from
20 feet to 12 feet to accommodate the dedication of right-of-way on Johnson
Street.
APPLICANT: Paddock Rouse, LLC OWNER: Same
Attn: Ryan Paddock
4340 SE Johnson Creek Blvd.
Milwaukie, OR 97222
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: 9865 SW Johnson Street; WCTM 2S102BA, Tax Lot 1800.
PROPOSED PARCEL 1: 8,135 Square Feet.
PROPOSED PARCEL 2: 10,000 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 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 MLP2005-00005lPADDOCK PARTITION PAGE 1 OF 22
CONDITIONS OF APPROVAL
PRIOR TO COMMENCING ANY ON-SITE IMPROVEMENTS, INCLUDING CLEARING, GRADING,
EXCAVATION, AND/OR FILL, THE FOLLOWING CONDITIONS SHALL BE SATISFIED:
e app ican s a prepare a cover e er an su mi i , a ong wi an�y suppo in�g ocumen
and/or plans that address the following reguirements to the CURRENT PLANNII�iG DIVISION,
ATTN: Gary Pag enstecher 503-639-4171,,EXT 2434. The cover letter shall clearly identify where
in the submittaf the required information is found:
1 . Prior to site development, the applicant shall submit a tree protection plan for tree #8 on Parcel #2
to the City Forester for review and approval.
The applicant shall prepare a cover letter and submit it, alony with an su�pp ortin documents
and/or -plans that address the following requirements to the ENGI�ERING D�ARTMENT,
ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in
the submittal the required information is found:
2. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is req uired
for this project to cover half-street 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.tiqard.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 �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.
4. The applicant shall provide a construction vehicle access and parking plan for approval by the
City Engineer. The purpose of this plan is for parking and traffic control during the public
improvement construction phase. All construction vehicle parking shall be �rovided on-site. No
construction vehicles or equipment will be permitted to park on the adjoining residential public
streets. Construction vehicles include the vehic�es of any contractor or subcontractor involved in
the construction of site improvements or buildings proposed by this application, and shall include
the vehicles of all suppliers and employees associated with the project.
5. 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.
6. Any extension of public water lines shall be shown on the proposed Public Facility Improvement
�PFI) permit construction drawings and shall be reviewed and approved by the City's Water
epartment, as a part of the Engineering Department plan review. NOTE: An estimated 12% of
the water system costs must be on deposit with the Water Department prior to approval of the PFI
permit plans from the Engineering Department and construction of public water lines.
7. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit
drawings. The plan shall conform to the "Erosion Prevention and Sediment Control besign and
Planning Manual, February 2003 edition."
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
e app icant s a prepare a cover etter an su mit it, a ong wit any supporting ocuments
and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,
ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where
in the submittal the required information is found:
8. 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.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 2 OF 22
The applicant shall prepare a cover letter and submit it,_along with any supporting documents
and/or plans that address the following requirements to the ENGINEERING DEPARTMENT,
ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in
the submittal the required information is found:
9. Prior to final plat approval, the applicant shall provide the City with as-built drawings of the public
improvements as follows: 1) 3 mil mylar, 2) a diskette of the as-builts in "DWG" format, if
available; otherwise "DXF" will be acceptable, and 3) the as-built drawings shall be tied to the
City's GPS network. The applicant's engineer shall provide the City with an electronic file with
points for each structure (manholes, catch basins, water valves, hydrants and other water system
features) in the development, and their respective X and Y State Plane Coordinates, referenced
to NAD 83 (91).
10. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT:
Shirley Treat, Engineering).
11. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate
in the future improvements of SW Grant and SW Johnson Streets ad�acent to the subject
property, when any of the following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in whole or in
part by the City or other public agency,
C. when the improvements are par� of a larger project to be constructed by a third party and
involves the sharing of design and/or construction expenses by the third party owner(s) of
property in addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by the City Engineer
in conjunction with construction of improvements by others adjacent to the subject site.
12. The applicant shall either place the existing overhead utility lines along SW Grant Street
underground as a part of this project, or they sF�all pay the fee in-lieu of undergrounding The fee
shall be calculated by the fronta�e of the site that is parallel to the utility lines and will be $35.00
per lineal foot. If the fee option is chosen, the amount will be $7,105.06 and it shall be paid prior
to final plat approval.
13. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to
the City's global positioning system (GPS) geodetic control nefinrork (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates
can be establishecf by:
. GPS tie networked to the City's GPS survey.
. By random traverse using conventional surveying methods.
14. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/En ineering Permit Technicians, at (503) 639-4171, ext. 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 right-of-way dedication for Johnson and Grant Streets shall be made on the final plat,
providing 27 feet from centerline.
E. NOTE: Washington County will not begin their review of the final plat until they receive
notice from the Engineering Department indicating that the City has reviewed the final plat
and submitted comments to the applicant's surveyor.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 3 OF 22
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:
e app icant s a prepare a cover etter an su mit it, a ong wit any supporting ocuments
and/or plans that address the following requirements to the CURRENT PLANNING DIVISION,
ATTN: Gary Pagenstecher 503-639-4171, EXT 2434. The cover letter shall clearly identify where
in the submittal the required information is found:
15. 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
#11 above.
16. 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.
The applicant shall prepare a cover letter and submit it alon with any su porting documents
and/or plans that address the following requirements to the ENGINEERPNG DEPARTMENT,
ATTN: KIM MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in
the submittal the required information is found:
17. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
18. Prior to issuance of building permits within the subdivision, the City Engineer shall deem the
public improvements substantially complete. Substantial completion shall be when: 1) all utilities
are installed and ins ected for compliance, includin franchise utilities, 2) all local residential
streets have at leastpone lift of asphalt, 3) any off-site street and/or utilify improvements are
substantially completed, and 4) all street lights are installed and ready to be energized. (NOTE:
the Citv apart from this condition, and in accordance with the City's model home policy may issue
model home permits).
19. During issuance of the building permit for Parcel 2, the applicant shall pay the standard water
quality and water quantity fees per lot (fee amounts will be the latest approved by CWS).
IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE
COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST:
18.430.080 Im rovement A reement:
e ore i y approva is ce i ie on e final plat, and before approved construction plans are issued by
the City, the Subdivider shall:
1. Execute and file an agreement with the City Engineer specifying the period within which all
required improvements and repairs shall be complefed; and
2. Include in the agreement provisions that if such work is not completed within the period specified,
the City may complete the work and recover the full cost and expenses from the subdivider.
The agreement shall stipulate improvement fees and deposits as may be required to be paid and may
also provide for the construction of the improvements in stages and for the extension of time under
specific conditions therein stated in the contract.
18.430.090 Bond:
s require y ection 18.430.080, the subdivider shall file with the agreement an assurance of
perFormance supported by one of the following:
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 4 OF 22
1. An irrevocable letter of credit executed by a financial institution authorized to transact business in
the State of Oregon;
2. A surety bond executed by a surety company authorized to transact business in the State of
Oregon which remains in force until the surety company is notified by the City in writing that it
may be terminated; or
3. Cash.
The subdivider shall furnish to the City Engineer an itemized improvement estimate, certified by a
registered civil engineer, to assist the City Engineer in calculating the amount of the performance
assurance.
The subdivider shall not cause termination of nor allow expiration of said guarantee without having first
secured written authorization from the City.
18.430.100 Filin and Recordin :
i in ays o e i review and approval, the applicant shall submit the final plat to the County for
signatures of County officials as required by ORS Chapter 92.
Upon final recording with the County, the applicant shall submit to the City a mylar copy of the recorded
final plat.
18.430.070 Final Plat A lication Submission Re uirements:
ree copies o e su ivision p a prepare y a an surveyor licensed to practice in Oregon, and
necessary data or narrative.
The subdivision 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.
STREET CENTERLINE MONUMENTATION SHALL BE PROVIDED AS FOLLOWS:
Centerline Monumentation
n accor ance wit regon Revised Statutes 92.060, subsection (2), the centerline of all street and
roadway rights-of-way shall be monumented before the City accepts a street improvement.
The following centerline monuments shall be set:
1. All centerline-centerline intersection points;
2. All cul-de-sac center points; and
3. Curve points, beginning and ending points (PC's and PT's).
All centerline monuments shall be set during the first lift of pavement.
Monument Boxes Re uired
onument oxes con orming to City standards will be required around all centerline intersection points,
cul-de-sac center points, and curve points.
The tops of all monument boxes shall be set to finished pavement grade.
18.810 Street 8� Utilitv Improvement Standards:
18.810.120 Utilities
uti ity ines inc uding, but not limited to those required for electric, communication, lighting and cable
television services and related facilities shall be placed underg round, 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 Imes operating at
50,000 volts or above.
18.810.130 Cash or Bond Re uired
improvements insta e y t e subdivider shall be guaranteed as to workmanship and material for a
period of one year following acceptance by the City.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 5 OF 22
Such guarantee shall be secured by cash deposit or bond in the amount of the value of the
improvements as set by the City Engineer.
The cash or bond shall comply with the terms and conditions of Section 18.810.180.
18.810.150 Installation Prere uisite
o an ivision improvements, including sanitary sewers, storm sewers, streets, sidewalks, curbs,
lighting or other req uirements shall be undertaken except after the plans therefore have been approved
by the City, permit fee paid and permit issued.
18.810.180 Notice to Cit Re uired
or s a not egin unti t e ity as been notified in advance.
If work is discontinued for any reason, it shall not be resumed until the City is notified.
18.810.200 En ineer's Certification
e an ivi ers engineer s a provide written certification of a form provided by the City that all
improvements, workmanship and materials are in accord with current and standard engineerin� and
construction practices, and are of high grade, prior to the City acceptance of the subdivision's
improvements or any portion thereof for operation and maintenance.
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 lot is located within the City of Tigard. The property is designated Low-Density Residential
on the Tigard Comprehensive Plan Map. The subject lot was developed with a single family dwelling
prior to implementation of the Tigard Development Code. No land use approvals were found to be on
fiile.
Site Information and Pro osal Descri tions
e su �ect parce is approximatey feet west of Fanno Creek and 750 feet north of Pacific
Highway in a portion of the city that developed early. The arcel is surrounded by land zoned R-4.5 on
three sides and bordered on the east by land zoned R-1� The applicant is requesting a Minor Land
Partition to partition one (1) existing .46-acre lot into two (2) parcels for detached single-family
residences. An existing single-family dwelling exists on the subJ�ect parcel and is proposed to remain on
Parcel #1. To accommodate the existing dwelling on proposed Parcel #1 after dedication of seven feet
to the SW Grant Street right-of-way, a corner side yard setback variance is requested to permit the
reduction of the req uired 15-foot setback to 2.95 feet. A second variance is requested to reduce the
front yard setback from 20 feet to 12 feet to accommodate the dedication of right-of-way on Johnson
Street.
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 wntten comments were received.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 6 OF 22
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 cnterion is met.
There are adequate public facilities available to serve the proposal;
Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility
Improvement Standards). Based on the analysis provided herein, Staff finds that adequate public
facilities are available to serve the proposal. Therefore, this criterion is met.
All proposed improvements meet City and applicable agency standards; and
The public facilities and proposed improvements are discussed and conditioned later in this decision
under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part
of the permit process and during construction, at which time the appropriate review authority will ensure
that City and applicable agency standards are met. Based on the analysis in this decision, Staff finds
that this criterion is met.
All proposed 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 83 feet in width;
parcel #2 is also 90 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 8,104 and 10,000 square feet
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 parcels meet this standard as Parcel #1 is a
corner lot and Parcel #2 has 101 feet of frontage on SW Grant.
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; side on a corner = 15
feet; and rear =15 feet. The existing house on Parcel #1 is proposed to remain. This structure is
situated approximately 12 feet from the front property line (after a 7-foot right-of-way dedication to the
City for SW Johnson Street), 2.95 feet from the property line (after a 7-foot nght-of-way dedication to the
City for SW Grant Street), 23 feet to the proposed property line for Parcel #2, and 53 feet from existing
west side property line. the Grant and Johnson Street front and side yard on a corner setbacks do not
meet the zoning district standard. To address this existing condition, the applicant has applied for a
variance which is reviewed and approved below under the variance section of this decision. The
applicant has not proposed a building for Parcel #2. Setback standards for proposed Lot #2 will be
reviewed at the time of building permit submittal. Therefore, this criterion is met.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 7 OF 22
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.
No flag lots are proposed in this application. Therefore, this criterion does not apply.
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 existing dwelling is senied by an existing driveway. No development is proposed for Parcel #2.
Screening may be required for proposed Lot#2 subject to review at the time of building permit submittal.
Therefore, this criterion is met.
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. A
hydrant already exists within 410 feet of the subject parcel on SW Johnson Street.
Where a common drive is to be provided to serve more than one lot, a reciprocal easement
which will ensure access and maintenance rights shall be recorded with the approved partition
map.
There are no existing or proposed shared driveways; therefore this standard is not applicable.
Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and
Circulation.
This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision.
Where landfill and/or development is allowed within or adjacent to the one-hundred year
floodplain, the city shall rec�uire consideration of the dedication of sufficient open land area for
greenway adjoining and within the floodplain.. This area shall include portions at a suitable
elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan.
The subject lot is located 90 feet southwest of the 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 adjustment from the required 10 feet to 2.95 feet and
front yard setback development adjustment from the required 20 feet to 12 feet have been submitted
with this application and are 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.
NOTICE OF DECISION MLP2�05-00005/PADDOCK PARTITION PAGE 8 OF 22
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. 8,104 sq. ft. 10,000 sq. ft.
-Duplexes 10,000 sq.ft.
-Attached unit
Average Minimum Lot Width
-Detached unit lots 50 ft. 83 ft. 90 ft.
-Duplex lots 90 ft.
-Attached unit lots
Maximum Lot Covera e - NA NA
Minimum Setbacks
-Front yard 20 ft. 14 ft. NA
-Side facing street on corner�through lots 15 ft. 2.95 NA
-Side yard 5 ft. 53 ft. NA
-Rear yard 15 ft. 23 ft. NA
-Side or rear yard abutting more restrictive zoning district -- N/A NA
-Distance between property line and front of garage 20 ft. 52 ft. NA
-Side Yard Setbacks for Fla Lots DC 18.420.050 A 4 e 10 ft. NA NA
Maximum Hei ht 35 ft. existin NA
Minimum Landsca e Re uirement - NA NA
FINDING: No development is proposed for Parcel #2 and therefore the setbacks are not applicable
for this decision. As demonstrated in the above table, the development standards of the
R-4.5 zone have not been met for proposed Parcel #1. Therefore, a variance is reguired
to adjust 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.
Variances and Adjustments (18.370)
Variances
The purpose of this section is to provide standards for the granting of variances from the
applicable zoning requirements of this title where it can be shown that, owing to special and
unusual circums�ances related to a specific property, the literal interpretation of the provisions
of the applicable zone would cause an undue or unnecessary hardship, except that no use
variances shall be granted.
Applicability of provisions.
The variance standards are intended to apply to individual platted and recorded lots only.
An applicant who is proposing to vary a specification standard for lots yet to be created throu�h
a subdivision process may not utilize the variance procedure unless otherwise specified in
Section 18.730.030, Zero Lot Line Setback Standards, or Chapter 18.430, Subdivisions.
The existing dwelling located on proposed Lot #1 is an unusual circumstance to the subject property
such that the literal interpretation of the setback standards would cause unnecessary hardship. The
existing dwelling is located on an individual platted and recorded lot (WCTM 2S102BA, Tax Lot 1800).
Approval process and standards.
Variances shall be processed by means of a Type II procedure, as governed by Section
18.390.040, using standards of approval contained in Subsection 2 below.
The Director shall approve, approve with conditions, or deny an application for a variance based
on findings that the following criteria are satisfied:
The proposed variance will not be materially detrimental to the purposes of this title, to any
other applicable policies and standards, and to other properties in the same zoning district or
vicinity;
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 9 OF 22
As described below, the proposed variances will not be materially detrimental to the purposes of this title
or any other applicable policies and standards or other properties in the vicinity.
There are special circumstances that exist which are peculiar to the lot size or shape,
topography or other circumstances over which the applicant has no control, and which are not
applicable to other properties in the same zoning district;
The subJ�ect lot currently has an existing dwelling. The location of the dwelling is such that the setback
standards are not met once dedication of nght-of-way is made pursuant to appl�cable provision of the
Tigard Development Code. Therefore, this criterion is met.
The use proposed will be the same as �ermitted under this title and City standards will be
maintained to the greatest extent that is reasonably possible while permitting reasonable
economic use of the land;
The proposed residential use is allowed outright in the R-4.5 zone. The proposed variances to side and
front yard setbacks do not affect the current and allowed use in the zone. Therefore, this criterion is met.
Existing physical and natural systems, such as, but not limited to, traffic, drainage, dramatic land
forms or parks will not be adversely afFected any more than would occur if the development were
developed as specified in the title; and
Because the building located on the property is existing, this criterion does not apply.
The hardship is not self-imposed and the variance requested is the minimum variance which
would alleviate the hardship.
Because the dwelling is existing and the dedication to the SW Grant and Johnson Streets rights-of-way
is required, the hardship is not self-imposed and the variance requested is the minimum variance whicF�
would alleviate the hardship. Therefore, this cnterion is met.
The Director shall approve, approve with modifications, or deny an application for a subdivision
variance subject to the criteria set forth in Section 18.370.010.C.
FINDING: As described in the analysis above, the requested side and front yard variances for
proposed Lot#1 meet the variance criteria and are approved.
Access, Eqress and Circulation (18.7051:
Continuin� obli�ation of property owner. The provisions and maintenance of access and e ress
stipulated in this title are continuing requirements for the use of any structure or parcel o� 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.
The applicant's engineer has indicated that the existing driveway on Johnson Street will not be altered
and that a new driveway for the second parcel will be constructed on Grant Street. The engineer further
states there is no opportunity to share driveways and there is adequate sight distance for both access
locations.
Section 18.705.030.H.2 states that drivewa�s shall not be permitted to be placed in the influence
area of collector or arterial street intersections. Influence area of intersections is that area where
queues of traffic commonly form on approach to an intersection. The minimum drivewa
setback from a collector or arterial street intersection shall be150 feet, measured from the righ�
of-way line of the intersectin� street to the throat of the proposed drivewa�. The setback may be
greater depending upon the influence area, as determined from City Engineer review of a traffic
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 10 OF 22
. �
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.
Both Johnson and Grant Streets are classified as Neighborhood Routes, which are local streets.
Therefore, this criterion does not apply.
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.
No local streets are proposed along either of the two existing local streets. This criterion 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 existing driveway on Johnson Street will not be altered and that a new driveway for the second
parcel will be constructed on Grant Street. Therefore, 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 with direct access to either Grant or Johnson on flat land.
Comments received from Tualatin Valley Fire and Rescue state that there are no conflicts with the
proposed access and the Division's interests. 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%.
No access drives in excess of 150 feet are proposed. Therefore, this standard does not apply.
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.
Grant and Johnson streets are local streets serving a low density residential neighborhood. There is no
reason to restrict the location of the proposed additional driveway Therefore, this standard does not
apply.
FINDING: The standards of the Access Management chapter (18.705) have been satisfied.
NOTICE OF DECIS►ON MLP2005-00005/PADDOCK PARTITION PAGE 11 OF 22
Density Computations (18.7151:
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. Calculating minimum number of residential units. As required by Section 18.510.040, the
minimum number of residential units per net acre shall be calculated b multiplying the
maximum number of units determined in Subsection B above by 80% (0.8�
The subject .46-acre parcel totals 20,037 square feet. There are no sensitive land areas or private
streets within the subject proposal. To determine the net developable area, the square footage to
accommodate the existing house on Parcel #1 (8,104 square feet), the Johnson Street right-of-way
dedications (7 feet x 96 lineal feet = 659 square feet) and Grant Street right-of-way (7 feet x 182 lineal
feet =1274) are deducted (20,037 square feet gross — 10,037 square feet deductions = 10 000 net
developable sq uare feet). As the minimum lot size for the R-4.5 zone is 7,500 square �eet, 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 enscTity requirements.
FINDING: Based on the analysis above, the Density Computation Standards have been met.
Landscapinq and Screeninq (18.745):
Street trees: Section 18.745.040
ec ion . 45.040.A.: All development projects fronting on a public street, private street or a
private driveway more than 100 feet in length approved after the adoption of this title shall be
required to plant street trees in accordance with the standards in Section 18.745.040C.
The proposed project includes frontage on SW Grant and Johnson Streets. 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 Grant and Johnson Streets are not improved with curbs and sidewalks along the frontage,
and will undergo street improvements 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.
Bufferinq and Screeninq Requirements: Section 18.745.050.5
The proposed land partition occurs on a parcel surrounded by the same land use designation (R-4.5) as
the subject parcel. Therefore, no buffering or screening is required for the proposed land partition.
FINDING: All of the landscape standards have not been met. However, with a condition of
approval requiring a restrictive covenant requiring planting of street trees alon� SW
Grant and Johnson Streets upon future improvement of those streets, the criteria
can be met.
CONDITION: 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.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 12 OF 22
Tree Removal (18.790):
ree p an or t ���ting, removal and protection of trees prepared by a certified arborist shall
be provided for any lot„ parcel or combination of lots or parcels for which a development
application for a subdivision, partition, site development review, planned development or
conditional use is filed. Protection is preferred over removal wherever possible.
The applicant has submitted a tree removal plan (April 12, 2005) prepared by a certified arborist, Mark
Bourgeois. The City Forester reviewed the plan and states the report does not contain a tree protect plan
including how the trees will be protected during construction or where the tree protection fencing will be
located.
The applicanYs Existing Conditions plan identifies trees greater than 6 inches DBH on the subject site.
The plan shows 7 trees on proposed Parcel #1 and four trees on proposed Parcel #2. Three trees less
than 12 inches DBH are proposed to be removed on Parcel #2 leaving one, 10-inch apple in fair
condition. One 27-inch dead walnut is proposed to be removed from Parcel #1 leaving 5 tees greater
than 12 inches DBH in good condition. Less than 25% of trees greater than 12 inches DBH are
proposed for removal. Therefore, no mitigation is required.
Parcel #1 is developed with an existing house and garage. Four of the remaining five trees on Parcel #1
are located in the dedicated right-of-way.of SW Grant Street. Since no further development is proposed
for this parcel, no protection plan is required. The remaining 10-inch apple tree on Parcel #2 will need to
be protected durmg any future development. The applicant states that protection fencing will be erected
around tree #8. 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 a 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 ap roval for a conditional use, and shall not be subject to
removal under any other section o� 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 restrict�on 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.
One 10-inch apple tree will remain on Parcel #2. Therefore, no deed restriction is required, consistent
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:
CONDITION: Prior to any future site development on Parcel #2 (flag parcel # 2 in Tidemark), the
applicant shall submit to the City Forester for review and approval a tree protection plan for
tree #8 to ensure protection fencing is installed and inspected, and that it remain in
place through the duration of home building. After approval from the City Forester, the
tree protection measures may be removed.
Visual Clearance Areas�18.795�:
TFis ap er requires that a clear vision area shall be maintained on the corners of all property
adjacent to intersecting right-of-ways or the intersection of a public street and a private
driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or
temporary or permanent obstruction exceeding three (3) feet in height. The code provides that
obstructions that may be located in this area shall be visually clear between three (3) and eight
(8) feet in height. Trees may be placed within this area provided that all branches below eight (8)
feet are removed. A visual clearance area is the trian�ular area formed by measuring from the
corner, 30-feet along the right-of-way and along the driveway and connecting these finro points
with a straight line.
The applicant's site plan does not show the vision clearance triangles for the proposed lots. The visual
clearance areas will need to be shown on a revised site plan.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 13 OF 22
FINDING: Based on the analysis above, Staff finds that the Vision Clearance Standards are not
presently met.
CONDITION: Prior to building permits, the applicant shall submit a revised site plan that shows the
visual clearance area accurately, in accordance with Tigard Community Development
Code (TCDC) Section 18.795.040.
Impact Study (18.390)
ec ion .3�—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 impact, the study shall propose improvements necessary to meet Cit� standard, and to
minimize the impact of the development on the public at large, public facilities systems, and
affected private 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 �ublic right-of-way
dedication, or provide evidence that supports that the real property dedication is not roughly
proportional to the projected impacts of the development. Section 1$.390.040 states that when a
condition of approval requires the transfer to the public of an interest in real property, the
approval authority shall adopt findings which support the conclusion that the interest in real
property to be transferred is roughly proportional to the impact the proposed development will
have on the public.
The applicant has submitted an impact study. SW Grant and SW Johnson Streets are currently partially
improved. In order to mitigate the impact from this development, the applicant will provide a future
improvement guarantee for improvements to these streets. 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 capacity 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 tYirough meeting the conditions of approval in this
decision.
The Washin ton County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of
developmen� Based on a transportat�on impact study prepared by Mr. David Larson for the A-Boy
Expansion/Do/an ll/Resolution 95-61, T1F'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$2,859 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 pro�ecYs traffic impact is $8,909 ($2,851 divided by
.32). The difference between the TIF paid, and the full impact, is considered the unmiti ated impact on
the street system. The unmitigated impact of this project on the transportation system is�6,058 ($8,909-
$2,851). The applicant will be required to dedicate additional right-of-way along SW Johnson and Grant
Streets (approximately 1,940 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 $5,820.00.
Therefore, the required exaction is roughfy proportionate.
PUBLIC FACILITY CONCERNS
Street And Utility Improvements Standards (Section 18.810�
ap er . proviaes cons ruc ion s n ar s or t�e implementation of public and private
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 14 OF 22
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 adjacent to SW Johnson and Grant Streets, which are classified as Neighborhood Routes
on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW along
both frontages, according to the most recent tax assessor's map. The applicant should dedicate the
additional ROW along both frontages to provide 27 feet from centerline. The applicant should also
dedicate the ROW necessary for the radius corner.
SW Grant Street is currently partially improved. In order to mitigate the impact from this development,
the applicant should provide a future improvement guarantee.
SW Johnson Street is currently partially improved. In order to mitigate the impact from this development,
the applicant should provide a future improvement guarantee.
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
grve 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.
The subject parcel is a corner lot. There is no opportunity for future street extensions through this
development.
Street Alignment and Connections:
Section 18.810.030.H.1 states that full street connections with spacing of no more than 530
feet between connections is required except where prevented by barriers such as topography,
railroads, freeways, pre-existing developments, lease provisions, easements, covenants or
other restrictions existing prior fo May 1, 1995 which preclude street connections. A full street
connection may also be exempted due to a regulated water feature if regulations would not
permit construction.
Section 18.810.030.H.2 states that all local, neighborhood routes and collector streets which
abut a development site shall be extended within the site to provide through circulation when
not precluded by environmental or topo�raphical constraints, existing development patterns
or strict adherence to other standards in this code. A street connection or extension is
precluded when it is not possible to redesign, or reconfigure the street pattern to provide
required extensions. Land is considered topographically constrained if the slope is greater
than 15% for a distance of 250 feet or more. In the case of environmental or topographical
constraints, the mere presence of a constraint is not sufficient to show that a street
connection is not possible. The applicant must show why the constraint precludes some
reasonable street connection.
This development is at the intersection of Grant and Johnson Streets. No further connections are
needed.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 15 OF 22
l
. . �
�
�
Grades and Curves: Section 18.810.030.N states that grades shall not exceed ten percent on
arterials, 12% on collector streets, or 12% on any other street (except that local or residential
access streets may have segments with grades u� to 15% for distances of no greater than 250
feet). Centerline radii of curves shall be as determ�ned by the City Engineer.
The grades along the Johnson and Grant Street frontages do not exceed 12%, therefore this criterion is
met.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be
desi�ned with due re ard to providing adequate buifding sites for the use contemplated,
consideration of needs�or convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.6.1 states that the perimeter of blocks formed by streets shall
not exceed 1,800 feet measured along the right-of-way line except:
. Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre�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.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 times the minimum lot size of the
applicable zoning district.
The lot depth for both parcels is approximately 100 feet; the average lot width for parcel #1 is 83 feet and
for Parcel #2 is 90 feet, 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 100 feet of frontage on SW Johnson
Street. Parcel #2 has 101 feet of frontage on SW Grant Street. 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. Private
streets and industrial streets shall have sidewalks on at least one side.
The applicant's plans indicate a curb-tight sidewalk along the Grant Street frontage. A curb-tight
sidewalk will be allowed as the existing sidewalks in the vicinity are also curb-tight. Sidewalks atong SW
Grant and Johnson Streets will be required in the future and will be included in the future improvements
guarantee.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 16 OF 22
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.
The applicant indicates they will provide a sewer lateral from the main line in Grant Street.
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 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 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 development.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is antici pated by the
City Engineer that the additional runoff resulting from the development will overload an existing
draina�e facility, the Director and Engineer shall withhold approval of the develo�ment until
provisions have been made for improvement of the potential condition or until provisions have
been made for storage of additional runofF caused by the development in accordance with the
Design and Construct�on 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.
Small projects such as residential land partitions are not required to provide onsite detention. A fee
in-lieu of a detention system will be allowed.
The applicant's plan shows the installation of a storm lateral to serve Parcel 2. This lateral is connected
to the storm sewer line in Grant Street.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed
bikeways identified on the City's adopted pedestrian/bikeway plan shall include prov�sions for
the future extension of such bikeways through the dedication of easements or right-of-way.
Grant and Johnson Streets are not classified as bicycle facilities.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 17 OF 22
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes and
meter cabinets which may be placed above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or above, and:
. The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
. The City reserves the right to approve location of all surface mounted facilities;
. All underground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
. Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall
pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a
street where existing utilities which are not underg round will serve the development and the
approval authority determines that the cost and technical difficulty of under-grounding the
utilit�es 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 existin overhead utilit lines alon the frontages of SW Grant and Johnson Streets. If the fee
in-lieu is proposed, it is equal to $�35.00 per In eal foot of street frontage that contains the overhead lines.
The fronfage along Grant Street is 203 lineal feet; therefore the fee would be $7,105.00. If power is
taken from Johnson Street rather than from Grant Street the fee would be $4,060.00.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
Public Water S stem:
e i y o igar provides service in this area. The applicant's plans indicate the installation of a 3/"
water meter to serve Parcel 2.
Storm Water Qualitv:
e iy 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, 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.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 18 OF 22
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 shal� be
assessed. This fee shall be paid to the City prior to final plat approval.
Surve Re uirements
e app ican s inaTp�at shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a
tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
established by:
. GPS tie networked to the City's GPS survey.
. By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be tied to the GPS network. The applicant's engineer
shall provide the City with an electronic file with points for each structure (manholes, catch basins, water
valves, hydrants and other 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 1-inch water service after meter purchase by owner.
City of Tigard Forester has reviewed the proposal and the applicanYs tree removal plan conducted by
a certified arborist, Mark Bourgeois. The report does not contain all four of the required components,
and, is therefore, unacceptable. The plan does not contain any information on how the trees will be
protected during construction. Mr. Bourgeois also does not indicate where the tree protection fencing
will be located.
SECTION VII. AGENCY COMMENTS
Clean Water Services has reviewed the proposal and stated that "it appears that Sensitive Areas do not
exist on-site or within 200 feet from your project."
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments:
Tualatin Valley Fire & Rescue endorses this proposal and finds no conflicts with our interests with regard
to the partition of the property. At the time of construction on the newly created parcel, Tualatin Valley
Fire & Rescue grants its endorsement predicated on the following criteria and conditions of approval, as
applicable to the type of structure(s):
1. FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS:
ccess roa s s a e wi in ee o a po ions o e e erior wa o e irs s ory o e
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.
2. DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be
provi e wi an approved turnaround.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 19 OF 22
3. FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER
• en ui in s are comp e e y pro ec e wi an approve au oma ic ire sprin er
s s em, e requirements for ire apparatus access may be modified as approved by the fire code
o�cial.
4. ADDITIONAL ACCESS ROADS — COMMERCIAL: Where buildings exceed 30 feet in height or
ree s ones in eig s a ave a eas ree separate means of fire apparatus access. Buirdings
or facilities having a gross area of more than 62,000 square feet shall be provided with at least two
separate means of fire apparatus access. Buildings up to 124,000 square feet provided with fire
sprinklers may have a single access.
5. ADDITIONAL ACCESS ROADS — ONE-OR TWO-FAMILY RESIDENTIAL: Where there are more
an one- or o- ami y we ing uni s, no ess an o separa e approved means of access
shall be provided. Where there are more than 30 dwelling units and all are protected by approved
residential sprinkler systems, a single access will be allowed.
6. ADDITIONAL ACCESS ROADS — MULTIPLE-FAMILY RESIDENTIAL: Where there are more
an mu ip e- ami y we ing uni s, no ess an o separa e approved means of access shall
be provided. Projects up to 200 dwelling units that are protected by approved residential sprinkler
systems may have a single access. Projects having more than 200 dwelling units shall have two
separate approved means of access regardless of whether they are equipped with fire sprinkler
systems.
7. AERIAL FIRE APPARATUS ACCESS: Buildings or portions of buildings or facilities exceeding 30
ee in eig a ove e owes eve o ire department vehicle access shalf be provided with approved
fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead
utility and power lines shall not be located within the aerial fire apparatus access roadway. Fire
apparatus access roads shall have a minimum unobstructed width of 26 feet in the immediate vicinity of
any building or portion of building more than 30 feet in height. At least one of the required access
routes meeting this condition shall be located within a minimum of 15 feet and a maximum of 30 feet
from the building, and shall be positioned parallel to one entire side of the building.
8. FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus
access roa s s a ave an uno s ruc e wi o no ess an ee ee or up to two dwelling
units and accessory buildings), and an unobstructed vertical clearance of not less than 13 feet 6
inches. Where fire apparatus roadways are less than 26 feet wide, "NO PARKING" signs shall be
installed on both sides of the roadway and in turnarounds as needed. Where fire apparatus
roadways are more than 28 feet wide but less than 32 feet wide, "NO PARKING" signs shall be
installed on one side of the roadway and in turnarounds as needed. Where fire apparatus roadways
are 32 feet wide or more, parking is not restricted.
9. FIRE APPARATUS ACCESS ROADS WITH FIRE HYDRANTS: Where a fire hydrant is located on
a ire appara us access roa , e minimum roa wi s a e feet.
10. NO PARKING SIGNS: Where fire apparatus roadways are not of sufficient width to accommodate
par e ve ic es an feet of unobstructed driving surface, "No Parking" signs shall be installed on
one or both sides of the roadway and in turnarounds as needed. Roads 26 feet wide or less shall
be posted on both sides as a fire lane. Roads more than 26 feet wide to 32 feet wide shall be
posted on one side as a fire lane. Signs shall read "NO PARKING - FIRE LANE" and shall be
installed with a clear space above grade level of 7 feet. Signs shall be 12 inches wide by 18 inches
high and shall have red letters on a white reflective background.
11. SURFACE AND LOAD CAPACITIES: Fire apparatus access roads shall be of an all-weather
su ace a is easi y is inguis a e rom the surrounding area and is capable of supportin� 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.
12. TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 28
ee an ee respectively, measured from the same center point.
13. PAINTED CURBS: Where required, fire apparatus access roadway curbs shall be painted red and
mar e NG FIRE LANE" at approved intervals. Lettering shall have a stroke of not less
than one inch wide by six inches high. Lettering shall be white on red background.
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 20 OF 22
14. 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.
15. COMMERCIAL BUILDINGS - REQUIRED FIRE FLOW: The req uired fire flow for the building shall
no excee , ga ons per minu e or e avai able GPM in the water delivery system at 20
psi, whichever is less as calculated using I C, Appendix B. A worksheet for calculating the required
fire flow is available from the Fire Marshal's Office.
16. SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for
sing e ami y we ings an up exes serve y a municipa water supply shall be 1,000 gallons per
minute. If the structure s) is (are) 3,600 square feet or larger, the required fire flow shall be
determined according to I�C Appendix B.
17. FIRE HYDRANTS — COMMERCIAL BUILDINGS: Where a portion of the building is more than 400
ee rom a y ran on a ire appara us access road, as measured in an approved route around the
exterior of the building, on-site fire hydrants and mains shall be provided. This distance may be
increased to 600 feet for buildings equipped throughout with an approved automatic sprinkler
system.
18. FIRE HYDRANTS — ONE- AND TWO-FAMILY DWELLINGS 8 ACCESSORY STRUCTURES:
ere a po ion o a s ruc ure is more an ee rom a y ran on a ire appara us access roa ,
as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and
mains shall be provided.
19. FIRE HYDRANT NUMBER AND DISTRIBUTION: The minimum number and distribution of fire
y ran s avai a e o a ui ing s a no e ess an at listed in Appendix C, Table C 105.1.
Considerations for lacin fire h drants ma be as follows:
. xis ing y ran s in e area may e use o mee e required number of hydrants ,as
approved. Hydrants that are up to 600 feet away from the nearest point of a subject building
that is protected with fire sprinklers may contribute to the required number of hydrants.
. Hydrants that are separated from the subject building by railroad tracks shall not contribute to
the required number of hydrants unless approved by the fire code o�cial.
. Hydrants that are separated from the subject building by divided highways or freeways shall
not contribute to the req uired 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 o�cial.
20. FIRE HYDRANT DISTANCE FROM AN ACCESS ROAD: Fire hydrants shall be located not more
an ee rom an approve ire appara us access roa way.
21. 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 reffectors accordingly
22. FIRE HYDRANT/FIRE DEPARTMENT CONNECTIDN: A fire hydrant shall be located within 100
ee o a ire epa men connec ion ire y rants and FDC's shall be located on the same
side of the fire apparatus access roadway. FDCs shall normally be remote except when approved
by the fire code official.
23. 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.
24. KNOX BOX: A Knox Box for building access is required for this building. Please contact the Fire
ars a s ice for an order form and instructions regardmg installation and placement.
NOTICE OF DECISION MLP20�5-00005/PADDOCK PARTITION PAGE 21 OF 22
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 AUGUST 5, 2005 AND BECOMES
EFFECTIVE �N AUGUST 20, 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 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 AUGUST 19, 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�171.
�� Auqust 5, 2005
PREPARED BY: Ga Pagenstecher DATE
Associate Planner
� '�`�----�i
( '
--- -" � �� Auqust 5, 2005
APPROVED BY: Richard Bewersdorff DATE
Planning Manager
i:�curpin�garyUninor land partition�rnlp2005-00005(paddock)4nIp2005-00005 decision.doc
NOTICE OF DECISION MLP2005-00005/PADDOCK PARTITION PAGE 22 OF 22
_. ...._ .y
- FRc�- - . • - .
U -� ��S� �I
�EOG4<Pr�iC iVFORMA1iON SvST�M
C
- o - - nt�N��r �
� �
� Sw - - - - - - - -
�oMM�R���� - - - - - - - -
sr ����i MLP2005-00005
'�� VAR2005-00063
�� VAR2005-00064 �
` - - - - - - - -
° - � PADDOCK PARTITION
o---
�- -
� '�"so
o � " '
A\ F
A` -- S'�, ` `� � �
> - --- C� � , `.
Q `.'/ FER l.?\�,.�.._•�
� �l !\_
� �� '�'• , '��
� ., �
� .,
�/ � "' ' '�-_ = .
j� i S(l Q
/l !� Q ' _"""' �: ffi BGh�TA D
l.' V j
_ �
\ uEl�nF.vn�n.. pp
�p''��� ='��
�
i'� •�-�'
7parA Area Map �
�
N
GT c����i
� 0 100 200 300 400 Fee�
1"=312 feet
s�' �� City of"I'igard
�
Information on thls map is for generai location only arM
should be venfied with the Developrt�ent Services Division.
13125 SW Hall Blvd
Tigard,OR 97223
.
(503)639-4171
. �p.� ..__ . � http:Nw�wv.ci.tigard.ar.us
Community Development Plot date:Jun 21,2005;C:lmagiclMAGIC03.APR
ro�_��a �.. �
(aeu�ur�wo+M)
i
/ �,
/ �
���.
i
/ e\
� 10 3/�'I,P,
/ •(S.A.3�99)
ssr7r•e'w o.x'
.�
/ `� `.
� � h
// � `�. ?�M1
4
4�� ��.1J. ���/
�/ �J. / ;�'/'�
�
��o ° • _ 'J"'• �L• srw�s�c�o Yr«[rc �/. ".�/ o
$' � �c io.r�s.�.vsns) •.../ i� ,✓�
r �
/ � \ �� � I
/ � /
/ `� •'�/
� �� Q' ' .IJ Jp. �
'� �, �"a� .:��j u� � �e'
� � �. ���. . . - . r
/ �+ ���P �oo�oo��n ' � /d �. :,.�;: \ /� $F/�i
>tiM1 '� � ° i. 1�.y N' i�i
� � ii
M /.�...�'.�� �� � � /
� � ✓ //
(onic.��uwc�iarml � � y ,� y `�D. �/ /
� � ' /�,�i...���.•'� �
�fi' �3 �`f��.-^�y Iy,� / /. s.a�u
♦ ',/// .� � /�` ./ b1�.
O.M' QI �! / V 4�1.
� (�aJ. 8'�Y�. 3 /��/ (i1"
•�
rJ '�[' �/h �� ,( IpurcN BRSm
\`�T\ // (;:�.' //
� —�5%6!
�`F • �1 �� / /::'. //�t// i(Mil�"r..:.fkl•�5�9)
` / f /
\ i9]���I.P. , _I6, 159 � �%/' / �/ �.�.
/ `
� (SM.S�K) / 'ii �. %1 /..
\\� \• �' •�l��R 1 ,�i8/ �A// S�• :, � ,
\ \�� 1.f!'t /r� -�� �� ��� �/
`�''__ \\ /� S� �/� � f''/ /
___—' I ^_ . /
'� `\\ Q[ T- _f—___oE 3' �. �� �� i
`KR` � C\ •. � J�/ � 'L / !� // /
�•\ � � ��`iQ�\\\�•�, �. �•�./ /� ��� %�/�/
a
.� � �C �1j. F\ b,V. �y��� �/ ( �//
r
�+i, `\ .fn,� e r/ i r� i
� .
;� oyN ��,�4��z , � ,
o � ,. ,� ,�,� �
`�' '^� � N f�h' • �'i j��. , � �i
s.Ni,�w.ac,��o�, �\\ , �. �� � �/ �
\�� � .�
� �'V.—�� I J/�� onu.ere,'.y'
��\�9 �� ;\ � � �}[�j � RMiu5..�00'
� ��� � � pY� MC�CpR(p)70.t)'
/ � � +C � � M!�'OB'S5'E �d.�)'
\��� � ( � /
h'y0 ,` �` \/�J � /
7� � //
� / �/' i �i
. .4� � I e"�� �
s,�..A,4.��0�� � � ,�' �
K�.��..� � , � , �,' .
e:�-.c scj-�.u.sr i .
�r e wc s..�s�.or
rt e'wc��rtJ-,s�.e� � ``�44
_—���� � '
� sronw wnw�:
`r� � rt-�i.wic:c—7
� �� 9" � [ii'wur�"[7.iiao.
i � i
� C'T� �F T16ARD � MLP2005-00005
cm oF»ouro
� P� N PADDOCK PARTITION
Map is not to scale
Paddock Rouse, LLC EXH I B IT�
Attn: Ryan Paddock MLP2005-00005
4340 SE Johnson Creek Blvd. PADDOCK PARTITION
Milwaukie, OR 97222
PRE,APP.HEI.D BY:
CITY OF TIGARD PLANNING DIVISION
13125 SW HALL BOULEVARD TIGARD, OR 97223-8189 °��Oj';*'=� -
503.639.4171/503:684.7297 �' �
CITY OF TIGARD
OREGON LAND USE PERMIT APPLICATION . � � 1�f����
File# M�,Pd.ws-u000 s Other Case# V��--oos-oou4 3 (p
Date By Receipt# Ci
tY ❑ Urb ❑ Date Complete
TYPE OF PERMIT YOU ARE APPLYING FOR
❑AdjustmenWariance (I or II) �Minor Land Partition (II)
❑Zone Change (Iil)
❑ 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 ava�a e
��S S w �oNYISa.-� S
.
2 S b2 Q f� U c�Qo
?,o, �S .��'- � , �
(� � P
3 �a s� 1-�i,�Ks e.� Cre� �i�•� ,/u�' wc�.�� o(Z 9 7 Z z Z
�03 - ZSo -p5-/ 3 �So 3 - �o S3 - Sq S�
� �s more an one
°� S� L LC. � '
^�aan,.r� — � �
'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
s ace rovided on the back of this form or.submit a written authorization with this ap lication.
ease spea c
_ o
� B S.
� e
4PPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
�ESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET.
THE APPLICANT SHALL CERTIFY THAT:
• If the application is granted, the applicant shall exercise the rights granted in accordance with the
terms and subject to all the conditions and limitations of the approval.
♦ All the above statements and the statements in the plot plan, attachments, and exhibits
transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based
on this application, map be revoked if it is found that any such statements are false.
♦ The applican# has read the entire contents of the application, including the palicies and criteria,
and understands the requirements for approving or denying the application(s).
SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
�
� �� { 1 �f i� 'u�
f �P'�`yLCL�t"'/ p �' K d��T- � ���L
ner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
�Owner's Signature . Date
Appticant/Agent/Representative's Signature Date
AppiicantlAgentlRepresentative's Signature Date
/ ' _ , . � PRE-,APP.HELD BY:
CITY OF TIGARD PLANNING DIVISION
13125 SW HALL BOULEVARD TIGARD, OR 97223-8189
503.639.4171/503.684.7297
CITY OF TIGARD
OREGON LAND USE PERMIT APPLICATION
File# � 2C�S 'ck�0 5 Other Case # � Z�'� ' C' � �(S
Date � By Receipt# Z�5- ��-� City 0 Urb ❑ Date CompleteQ
TYPE OF PERMIT YOU ARE APPLYING FOR
❑ Adjustment/Variance (I or II) �Minor Land Partition (II) ❑Zone Change (III)
❑ Comprehensive Plan Amendment (IV) ❑ Planned Development (III) ❑ Zone Change Annexation (IV)
❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) ❑ Zone Ordinance Amendment (IV)
❑ Historic Overlay (II or III) ❑ Site Development Review (il)
❑ Home Occupation (II) ❑ Subdivision (II or III)
ress i avai a e
� �(�S S i,� �'ol�ns� S .
2 5 �`� .�� � ��
Z-c�', c?� �3 -Ff1 � � 5
� ��� ���
3 yc� sE ��Ks� ���I�- �1�-, ,/��� c,�x����- O(� �l7 Z z Z
�C3 - Z�v -- Os� 3 So� - (S3 - S�i S�
ac is i more an one
i����- �s� � �� .
_._5�.,,� —
'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
� � � � � ' S,
� �
APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET.
. , _ �
THE APPLICANT SHALL CERTIFY THAT:
♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the
terms and subject to all the conditions and limitations of the approval.
♦ All the above statements and the statements in the plot plan, attachments, and exhibits
transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based
on this application, map be revoked if it is found that any such statements are false.
♦ The applicant has read the entire contents of the application, including the policies and criteria,
and understands the requirements for approving or denying the application(s).
SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
��, ��0. � �� � �Kd � y !� 05
�
ner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Applicant/Agent/Representative's Signature Date
ApplicantlAgent/Representative's Signature Date
, �
cm or no�ao
Community�VeveCopment
ShapingA Better Communit
LAND USE PROPOSAL DESCRIPTION
120 DAYS = 10/15/2005
FILE NO.: MINOR LAND PARTITION (MLP) 2005-00005
���f�-��E�rti����� ( ����t�) �-�-c � cC�.�>�;.3 r� (��
FILE TITLE: PADDOCK PARTITION
APPLICANT/ Paddock Rouse, LLC
OWNER: Attn: Ryan Paddock
4340 SE Johnson Creek Blvd.
Milwaukie, OR 97222
REQUEST: A req uest for Minor Land Partition approval to partition one (1) existing .46-acre lot into
two (2) parcels for detached single-family residences. A single-family dwelling exists on
the sub�ect parcel and is roposed to remain on Parcel #1. To accommodate the
existing�dwelling on proposed Parcel #1 after dedication of seven feet to the SW Grant
right-of-way, a side yard facing street on corner setback variance is also requested,
which would allow the reduction of the required 15-foot setback to 2.95 feet. A second
variance is requested to reduce the front yard setback from 20 feet to 12 feet to
accommodate the dedication of right-of-way on Johnson Street.
LOCATION: 9865 SW Johnson Street; WCTM 2S102BA, Tax Lot 1800.
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 18.370, 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: JUNE 21, 2005 DATE COMMENTS ARE DUE: JULY 5, 2005
❑HEARINGS OFFICER [MONJ DATE OF HEARING: TIME: 1:00 PM
❑PLANNING COMMISSION [MONJ DATE OF NEARING: TIME: 1:00 PM
❑CITY COUNCIL [TUESJ DATE OF HEARING: TIME: 1:30 PM
�STAFF DECISION CTENTATIYE] DATE OF DECISION: JULY 29, 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: Garv Paqenstecher, Associate Planner (5031639-4171, Ext. 2434 �
� �
,f
. . `
PUBLIC FACILITY PLAN Project: Johnson St Partition
COMPLETENESS CHECKLIST Date: 5/16/05
GRADING
� Existin and �o osed contours shown.
Are there radin im acts on ad�acent arcels? No
❑ 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
on ad'acent arcel s , etc.
❑ Traffic Im act and/or Access Re ort
❑ Street rades com liant?
❑ StreeUROW widths dimensioned and a ro riate? Must rovide ROW for radius at corner
❑ Private Streets? Less than 6 lots and width
a ro riate?
� Other: 1) Half-street improvements, 2) Hedge(s) 1) The City Engineer has determined that the
applicant shall construct half-street
improvements along the Grant Street
frontage(curb-tight sidewalk will be
allowed). A restrictive covenant will be
allowed for improvements along Johnson
streef. Revise plans to show improvements
on Grant Street, including curb
return/handicap ramp at intersection. 2)
Show existing hedge and which portions wi!!
be removed. All hedges within in the
ro osed ROW to be removed.
SANITARY SEWER ISSUES
❑ Existin / ro osed lines shown. Show existin and ro osed/atera/s
❑ 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 ro osed meter and size
❑ Pro osed fire rotection s stem shown?
STORM DRAINAGE AND WATER QUALITY ISSUES
❑ Existin / ro osed lines shown? Show ro osed storm lateral for new arce/.
❑ Preliminary sizing calcs for water quality/detention
rovided?
REVISED: 05/16/05
I
. . �
❑ Water ualit /detention facilit shown on lans?
❑ Area for facilit match re uirements from caics?
❑ Facilit shown outside an wetland buffer?
❑ Storm stubs to ad'acent arcels re uired/shown?
The submitt I is hereby deemed ❑ COMPLETE � INCOMPLETE
By: Date: 5-16-05
REVISED: 05/16/05
i
_. '�*"
„�;',.
+f.
CITY OF TIGARD
May 26, 2005 QREGON
Ryan Paddock
4340 SE Johnson Creek Bivd
Milwaukie, OR 97222
RE: Application Completeness Review for Ryan Paddock Minor Land
Partition, MLP2005-00005
Dear Mr. Paddock:
The City of Tigard received your application for a minor land partition for the
property located at 9865 S.W. Johnson Street on tax lot 2S102BA-01800. The
proposal is to partition the approximately 0.46-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. Variance Required. Your site plan shows that the dedication of 7 feet of the
subject property to the Johnson Street right-of-way would leave a side yard
setback of 2.95 feet. Because the standard15-foot setback cannot be met,
and the reduction (80%) is greater than the 20 percent allowed as a
development adjustment, an administrative variance is required. The variance
can be reviewed simultaneously with the minor land partition, however, an
additional fee of $283.00 (1/2 x $566.00) is required. Please submit the
required fee to Kristie Peerman, Planning Technician, at 503-718-2452.
2. Public Facilities Plan Completeness Checklist. Please address the items
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.
3. Envelopes with qostaqe. 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 from the City the previous three months from the date of
application completeness. Contact Patty Lunsford, Planning Secretary, 503-
718-2438.
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
�
� ` � f
//�� �� n �y Yr`
�, � ��, ��.+f � ��F�4..L� i
� `�A_ (a
j � � z��_��l?��3, "_
.g . � /L ��,�'►�,�
����
�
. .,� � ,�� ���
�`�5z7S�
�
. 4. Number of Aqplication Copies. After satisfying the above concerns, please
submit 10 full sets of your appiication materials (each set shall be bound and
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.
If you have any questions regarding this letter or your application, please don't
hesitate to contact me at 503-718-2434.
Sincerely,
CG �� � ��/ �-
� � ��
Gary Pagenstecher
Associate Planner
Enclosure
C: MLP2005-00005 Land Use File
2
�.. �
";�
l.aND USE APPLICAti10N patee`t: � -
� C4MPLETEHESS REVlEW ❑ COMPLETE ❑ INCOMPLETE
�TANOARD INFORMATION:
� Deed/TitlelProo(Of Ownenhip /t�� Neighborhood Mtg.A�davits, Minutes, list Of Attendees � Impact Study(18390)
� USA Service Pruvider letter q,� Coast�uction Cost Estimate � (� #Sets Of Application Materials/Plans
(�' Pre-Application Coa(erence Nates 7�' Envelopes With Postage(Ye�ify Count) /✓�}{�- 1,✓�y�c J-I�W��,�S�vN r1FF
PROJECT STATISTICS: �
��'� Buildi�g Footprint Size Nl}--� %O(Landscaping On Site � %Of Building Impervious Sutiace On Site
� lot Squa�e Faotage
�NS OIMENSIONED:
/�'�Q 6uildiag footp�int • r--EJ Paricing Space Dimensions(I�dude A<assible b Bike P�rkiag�-�� T�udc loading Space Where Applicable
,�,;jQ Building Height ��,/}�- Access Appraach And Aisle ❑ Yisual nearence T�iangle Shown
ADDITIONAL PLANS:
❑ Yidnity'I'1ap �� Q Architedural Plan Q, T�ee Inventory
� Existing Conditions Plan �Vf}-� Landscape Plan �1
(� Site Plan ��-e- Ligfiting Plan
TREE PLANIMITIGATION PLAN:
� S�r�� o��}rc�i76'�d�urh—�oca�t�•+,s r7i,5�o.�� � p�u�c.�to►� nrc�n
T'�er►1d��1 `Pic.,� ❑ �u�i-�e� Pn�q�a,�
ADDITIONAL REPORTS: (list any speaal reports)
[� �r b�;�5+ pO
[�
a a
RESPONSE TO APPLICABLE CODE SECTIONS:
_ ❑ 18.334�o�u� ❑ I 8.620�r�a r��oW�swa�� � 18.165 p�-sanc r�En���►�y��aa�
❑ 18.340�a�ars beapnuao�) ❑ 18.630 nv�h�a�Sq����c�no� ❑ I S.I]S(��i�k��
❑ I 8.3 SO�a o�q � t a.1os���} ❑ i s.18a��,
❑ I 83 60 ry�o��c►�� ❑ I 8.T I 4{���a�ua�� ❑ I 8.78 S�r�r uu r�:��
[� 18_3]0 r���a�,��� � I 8_715�q c��d�� Q 18.]90���
❑ I 8_380��c n�r��a��a� ❑ I 8.720��c«��o��cq s�e�� � I 8.195�r��a���u�
❑ 18385��e�:�� Q I 8.725��m e��»��s�eyas� ❑ 18.191�w���ry�o,�r oaa�
Q 18390�n��n�atl���saa� - ❑ I S.13O(E�apuaas To u�,�a���S�a�as� ❑ I 8.798�r�c�e�r���
❑ !8.410(�oc�w�a„�a�� ❑ !8_I40 M�ra;�o�,t3� � 18.810�aK�a uo�q t��wc swe�)
Q 18_420�e r�o�� ❑ I 8.]42�o���P�a� -
❑ 18.430�da�� Q I 8.745�a��c�s�c s��
� 18.5 I 0�e�a�t���a�a�� ❑ 18.750��r��n�ea x«�k�a��
-❑ 18.520�����t o�o;ar� ❑ I 8_755(�ee s�e wuodkqdn�Smn�l
❑ I S.S30�a�t�c o�o�� ❑ 18.160�r�e�o�o«��
ADDITIONAL ITEMS•
l:lcurpin4nasterslrevisedUand use apQliqtion completeness�eview.dot REVISEO: 1T-Jan-01 �
_ - ------ -- --
Gary Pagenstecher- Re: MLP2005-00005 _Page 1
From: Gary Pagenstecher
To: Paddock, Ryan
Date: 6/6/2005 12:29:34 PM
Subject: Re: MLP2005-00005
Ryan,
I do apologize for this late assessment of your proposal. However, on closer look of your proposed site
plan, it appears that the front yard setback of the existing house after the 7-foot dedication, would be
approximately 12 feet. The standard provides for a development adjustment of up to 25% of the base
zone front yard setback of 20 feet(15 feet). As a consequence, this would require an administrative
variance similar to the one addressed in my completeness review letter for the side yard. As a result, you
would need to remit an additional fee of$283.00 (1/2 $566.00) for the second variance.
Thank you,
Gary
»> "Ryan Paddock" <paddockrouse@msn.com> 6/5/2005 2:24:49 PM »>
Gary,
I have a concern regarding the preliminary review of my project. Before I purchased this property I spoke
with you and other planning staff regarding street improvements and the answer that I got was that street
improvements are not required at the time of a partition. I was told that street improvements are typically
capital projects. At the pre-application conference this was a major concern of mine to confirm that street
improvements can be deferred (refer to my questions for the preapplication conference). The verbal
answer that I received at the pre-application conference was clear/y that street improvements would be
deferred. However, In writing it just says that they are"eligible"to be deferred. Since I have not worked
with the City of Tigard before, I didn't know exactly what to expect, but I have never gotten any indication
that street improvements would be required as a part of the partition process for this project.
It doesn't make any sense to me that upon a brief review for completeness the answer has changed and
street improvements are now required on Grant St. This is inconsistent with the previous answers that I
received at least twice before. I asked Kim if this could be re-evaluated and I received no answer other
than -yes, street improvements are required on Grant.
I understand that deferring future improvements doesn't mean that they will never have to be done. But
what this means to me is that my up-front costs are increasing at least$25,000. I know that over-the-
counter answers are not to be relied upon, but what about the pre-application conference answers for
which I paid?
I am in the process of refiguring my costs to see if this project still makes sense. I am asking that you
reconsider the requirements for street improvements. Please get back to me as soon as you can so I can
decide if I am going to move forward with this project.
Cordially,
Ryan Paddock, P.E.
Paddock Rouse, LLC
Gary Pagenstecher- Re: MLP2005-00005 . _ _e_ Page 1 ,
From: Gary Pagenstecher
To: Paddock, Ryan
Date: 6/6/2005 11:52:31 AM
Subject: Re: MLP2005-00005
Ryan:
I do not personally recall the discussion regarding deferral of street improvements, although Kim does
remember discussing it with you. On review of Kim's completeness notes and the pre-app notes, I see that
Kim has required, according to the City Engineer, '/z-street improvements to Grant, and that improvements
to Johnson will be allowed to be deferred. The pre-app notes are clearly a proiection of public
improvements that are subject to review and comment by relevant agencies, City staff, and the public. In
some cases the deferral is warranted and are eligible of an improvement guarantee. Apparently, the City
Engineer believes that only the Johnson Street improvements are eligible for the future guarantee. As a
result of this finding, you may find that the project may not pencil out, as you suggest. If so, please let us
know by letter that you intend to withdraw the application.
Thank you,
Gary
»> "Ryan Paddock" <paddockrouse@msn.com>6/5/2005 2:24:49 PM »>
Gary,
I have a concern regarding the preliminary review of my project. Before I purchased this property I spoke
with you and other planning staff regarding street improvements and the answer that I got was that street
improvements are not required at the time of a partition. I was told that street improvements are typically
capital projects. At the pre-application conference this was a major concern of mine to confirm that street
improvements can be deferred (refer to my questions for the preapplication conference). The verbal
answer that I received at the pre-application conference was clearly that street improvements would be
deferred. However, In writing it just says that they are"eligibte"to be deferred. Since I have not worked
with the City of Tigard before, I didn't know exactly what to expect, but I have never gotten any indication
that street improvements would be required as a part of the partition process for this project.
It doesn't make any sense to me that upon a brief review for completeness the answer has changed and
street improvements are now required on Grant St. This is inconsistent with the previous answers that I
received at least twice before. I asked Kim if this could be re-evaluated and I received no answer other
than -yes, street improvements are required on Grant.
I understand that deferring future improvements doesn't mean that they will never have to be done. But
what this means to me is that my up-front costs are increasing at least$25,000. i know that over-the-
counter answers are not to be relied upon, but what about the pre-application conference answers for
which I paid?
I am in the process of refiguring my costs to see if this project still makes sense. I am asking that you
reconsider the requirements for street improvements. Please get back to me as soon as you can so I can
decide if I am going to move forward with this project.
Cordially,
Ryan Paddock, P.E.
Paddock Rouse, LLC
CC: Mcmillan, Kim
Transmittal �CEIVED
Date: 6/16/OS i�� 1 6 2��5
To: City of Tigard, Planning Department ;��Y�F TtQrAR�
- ;,,�k.;��.
From: Ryan E. Paddock, Paddock Rouse, LLC - �
Re: Application for Minor Partitioq MLP2005-00005, 9865 SW Johnson St.
Enclosed, please find the following items, which have been included as a result of the
"Application Completeness Review" for the subject property:
1) A check for $566.00 for a variance for the side and front setback relating to the
existing house.
2) Preliminary half street improvements plans, which address the items listed in the
"Public Facilities Plan Completeness Checklist". (10 copies).
3) Two sets of stamped and addressed envelops.
Also included are 10 copies of the following original application items:
3) Proof of ownership (deed)
4) Application form
5) Preliminary partition map
6) Narrative
7) Impact Study
8) Arborist report
9) Service provider letter from Clean Water Services
10)Pre-application conference notes
Please contact me if any of the above items are not included in this submittal or if you
have any questions.
Sincerely,
����
1Ryan E. Paddock, P.E.
Paddock Rouse, LLC
503-250-0513
paddockrouse@msn.com
�
�
�
CITY O� TIGARD
.1une 17, 2005 OREGON
Ryan Paddock
4340 SE Johnson Creek Bivd
Milwaukie, OR 97222
RE: Application Completeness Review for Ryan Paddock Minor Land
Partition, MLP2005-00005
Dear Mr. Paddock:
The City of Tigard received supplemental application materials for your
application for a minor land partition for the property located at 9865 S.W.
Johnson Street on tax lot 2S102BA-01800. The proposal is to partition the
approximately 0.46-acre site into two parcels.
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 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,
�
i
� ��
� �
Gary Pagenstecher
Associate Planner
�
Enclosure
C: MLP2005-00005 Land Use File
13125 SW Hall Blvd„ Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
�
�
r
Transmittal
Date: 4/27/OS
To: City of Tigazd, Planning Department
From: Ryan E. Paddock, Paddock Rouse, LLC
Re: Submittal for land partition application for 9865 SW Johnson St.
Enclosed, please find the following items:
1) Filing Fee of$2,825.00
2) Proof of ownership (deed)
3) Stamped and addressed envelops for properties within 500' of site.
4) Application form (3 copies)
5) Preliminary partition map (3 copies of a 24"x36" sheet)
6) Narrative (3 copies)
7) Impact Study(3 copies)
8) Arborist report(3 copies)
9) Service provider letter from Clean Water Services (3 copies)
10)Pre-application conference notes (3 copies)
Please contact me if any of the above items are not included in this submittal or if you
have any questions.
Sincer y,
����
E. Paddock, P.E.
Paddock Rouse, LLC
503-250-0513
paddockrouse@msn.com
,
' /Y� , iashrnyton cou
j o-0w°nooa oa:oii M°" 2004-137191
�' i13.00 s6.00 511.p 521�o� �NOI�NL�N
�/ Total=i247.00
� '���s� ',��R f��'.� THIS SPACE R � f(r(((
ES ��
ER ���
VE �1
(,� �Il
Il 11
111!
oos9 I�I�I
�56 Illl
Qzo I�
. � I
� o, ll
, � 3 �
�.. /� ^Yf+�nron,o�noto�or ��s7003Q039
�nd Er-pq�clo Coun A�����m�nt�^d T�z�tlon
�pon,do h�r� �����Por W��ry�^�on Ceurrty, i!-y
br c•my chn m. ��
"� �tl�0��ryC�IWd Ntl '�'hhln In�trum�M o/�°%f
neord�a►�vdcourky, neorrl�din�booko� � .y�
60h ���s� �',
J��Y R.H�n�on,Dlnctor� �` . ;,�
sus�m�nt�nd T�xatlon,�'�,`_�;�"/%
After recording return to: - _ Ex-0fM°'°co��,,��.M
Paddock Rouse, LLC
4340 SE Johnsan Creek Blvd
Milwaukie, OR 97222
Until a change is requested all tax stateme��
shall be sent to the following address:
Paddock Rouse, LLC
4340 SE Johnson Creek Blvd
Milwaukie, OR 97222
`� '-� , was�ri�Gro►�ccw►vrv
File No.: 7073-467082 (MH) � '� �,:�, �L Pa��a�tY TRqNS�ER r
Date: November 17, 2004 - �� $a15,_; � �j_a
:::r.
__ FEE Pa.l� DATE
�' � STATUTORY SPECIAL WARRANTY DEED
'� J
Mark 7. Wagner, Grantor, conveys and specially warrants to Paddock Rouse, LLC,an Oregon
� � Limited Liability Company, Grantee, the following described real ro
� � � encumbrances created or suffered by the Grantor, except as specificallys et fort�he ef�ns and
E � f�l
� L �� This property is free from liens and encumbrances, EXCEPT:
�
�� 1. Covenants, conditions, restrictions and/or easements, if any, affecting title, which ma a
the public record, including those shown on any recorded plat or survey. Y PPear in
� z° See Legal Description attached hereto as Exhibit A and by this reference incorporated herein.
TNIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT, THE pERSON ACQUIRING FEE TIT�LE TO TNE PROPERTY SHOULD CHECK WITFi THE
APPROPRIqTF CITy OR COUNTY pLqNNING DEPARTMENT TO VERIFY APPROVED USES AND TO
DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PILqCTICES AS DEFINED IN
ORS 30.930.
The true consideration for this conveyance is $215,000.00.
�..
Dated this�day of� "� l��if�`lif '-� : 20 ��.
Page 1 of 3
- !�IIIIII IIIII II Illlllll I i III
2004-137191
APN:R462573 Statutory Special Warranty Deed Rle No.:7073-467082(MH)
-rnntinued Date:11/17/2004
.�,�G�' i
Mark J. ner
STATE OF Oregon )
� ���)ss.
County of )
This instrument was acknowledged before me on this�day of 20�
by Mark 7. Wagner.
/��`�G� ,
---�"-" OfFlCIALSEAI-
MAR�f HARVEY Ma Harvey
_ �° �OTp�py pUf3L{GOREGON rY
� COMM►SS1���NO.376007 Notary Public for Oregon
' .��""'MYCOMMISSIONIXPIRESJANUARY13,2008 My commission expires: 01/13/2008
—.-. -----�
Page 2 of 3
� lilllll�IIIII II IIIIIIII I I III
20�4-137191
APN:R462573 Statutory 5pecial Warranty Deed Fle Na.:7073-467082(MH)
-contlnued Date:li/17/2004
EXHIBIT A
LEGAL DESCRIPTION:
Tract beginning at the Southeast corner of Lot 20 at the intersection of Lucas Avenue, now known as
Johnson Avenue, and Rudy Avenue, now known as Grant Street, in the duly amended plat of the North
Tigardville Addition, Washington County, Oregon, and going thence North 57° 40' West, 116 feet along
the center line of)ohnson Avenue, to a point; thence at right angles North 32° 20' East 23 feet to an iron
pipe on the Northerly property line of the street; thence continuing North 32° 20' East 181.23 feet to the
Northeast corner(iron pipe pipe lot 45) of the tract conveyed to Gordon Van Mere, et ux, by deed
recorded in Book 261, page 659, Deed Records of Washington County, Oregon; thence South 57° 40'
East, along the North line of that certain tract described in Book 253, page 407, Deed Records of
Washington County, Oregon, 122.72 feet to an iron pipe on the Westerly line of Grant Street; thence
continuing South 57° 40' East 20 feet to the center line of Grant Street to the Northeasterly corner of said
tract described in Book 253, page 407; thence South 39° 53' West 202.95 feet, more or less,to the place
of beginning, in the County of Washington and State of Oregon.
Page 3 of 3
Narrative
9865 S W Johnson St. Partition
This proposal is to partition the existing 20,048 ft21ot into two pazcels. The existing
house and garage will remain on parcel 1. Parcel2 will be an additional building lot.
Below are findings based on the applicable approval criteria:
Chapter 18.390 (Decision Making Procedures/Impact Study)
A type II procedure for land partitions will be required. A preapplication conference has
been completed. An application form, preliminary partition map,fee,pre-stamped and
pre-addressed envelopes, impact study and supporting information has been provided as
required for the submittal of this type of procedure.
Chapter 18.420 (Land Partitions)
The site plan(prepared by a licensed surveyor), impact study,narrative and arborist
report and supporting information shows that the proposal meets the approval criteria set
forth for partitions.
Chapter 18.510(Residential Zoning Districts)
It is possible for future development on the two "R4.5"parcels to preserve neighborhood
livability by adding residential, or other compatible structures,that will complement the
mix of existing residential, school and church structures that are currently in the
immediate azea.
Chapter 18.705 (Access/Egress/Circulation)
Both parcels will have access to public streets. The access of parcel 1 will remain on SW
Johnson street and will not change from its current situation. Parcel2 will have access to
SW Grant street. It is not practical to have a joint access due to the location of the
existing structures. It will be possible to have the new driveway at least 150' from the
intersection of Grant and Johnson if necessary. Adequate access widths and site distance
will be able to be achieved.
Chapter 18.715 (Density Computations)
Gross site area=20,010 sq. ft.
Net site area= 18,135 sq. ft.
Mau. #of residential units= 18,135/7,500=2.42
Min. # of residential units= .8*2.42=1.93
The proposed partition meets these requirements.
Chapter 18.745 (Landscaping& Screening Standazds)
Due to the location of existing vegetation, most of the existing trees and shrubs will be
preserved. The possible exception is the existing trees that currently line SW Johnson. It
is possible that these trees would have to be removed and replaced should the street
improvements be implemented. It is possible to add street trees and other landscaping as
required.
Chapter 18.760 (Nonconforming Situations)
The setback on the east side of the existing structure will be reduced to approximately 3'
as a result of a 7' street dedication on SW Grant street. This may create a nonconforming
situation which would prohibit the alteration of the structure at this location other than an
alteration that would cause a conforming situation.
Chapter 18.765 (Off-Street Parking/Loading Requirements)
Due to the large size of the lots and the flat terrain, adequate off street parking will be
able to be provided for each dwelling within each individual parcel.
Chapter 18.790 (Tree Removal)
A tree plan for the removal and protection of trees has been provided by a certified
arborist. The only trees that are proposed to be removed are ones that are currently dead.
No trees will need to be removed to build a new dwelling on parcel2.
Chapter 18.795 (Visual Clearance Areas)
It is possible to maintain a visual clearance area at the intersection of SW Johnson and
Grant. There are currently no fences within 35' of the intersection and all shrubs can be
kept less than 3' tall and all trees can be pruned so that there are no branches under 8'.
There are no topographical situations that would cause visual clearance concerns.
Chapter 18.810 (Street& Utility Standards)
The proposed development has access to two existing public streets. There will be no
streets created. Sufficient land will be dedicated to public right-of-way so that the
existing streets will meet city standards in the future. Since the impact of this partition
does not, by itself, provide a significant improvement to street safety or capacity, a
guarantee will be provided for street improvements to be made in the future.
� ;� , .. ..- .
Impact Study
9865 SW Johnson St. Partition
Transportation Svstem:
The proposed development will allow future improvements to both SW Johnson and SW
Grant streets as well as the intersection. This will improve the travel lane width for
vehicles, site distance at the intersection and allow pedestrians to use a sidewalk by
bringing the street up to city standards in the future. No other streets will be created or
affected by the development. Due to the minimal development potential (one additional
lot only)there will be a negligible negative impact on the overall transportation system.
Sanitary Sewer:
Sanitary sewer is available in an 8"main line in both SW Johnson and SW Grant Street.
Since the lot is essentially level there is no anticipated problem with a gravity flow
system. An additional sanitary lateral will have minimal impact on the surrounding
neighborhood and utility system and will be able to meet city standards.
Storm Sewer:
Storm sewer is available in a 12"main line in both SW Johnson and SW Grant Street.
Since the lot is essentially level there is no anticipated problem with a gravity flow
system. Additional storm sewer service will have minimal impact on the surrounding
neighborhood and utility system and will be able to meet city standards.
Water:
Water is available in both SW Johnson and SW Grant Street. An additional water service
connection will have minimal impact on the surrounding neighborhood and utility system
and will be able to meet city standards.
Electricitv:
Overhead electric service is available in SW Johnson and SW Grant Street. Electric
service will have minimal impact on the surrounding neighborhood and utiliTy system and
will be able to meet city standards.
Parks S s� tem:
Due to the minimal development potential (one additional lot only)there will be a
minimal increase of demand on the parks system and a minimal effect on the
neighborhood as a result of the proposed development.
Noise Impact:
Due to the minimal development potential (one additional lot only)and the nature of
residential districts,there will be a minimal noise impact in the neighborhood as a result
of the development.
�pr 12 05 06: 44p Mark Bour�eois 8 5034912834 p. 2
Arbor Pro, inc. 503.491.2844
912 NE Kelly Avenue,Suite 219 Fax: 543.4912834
Gresham, OR 97030 Cellular: 503.710.0815
ARBORIST REPORT
Ryan Paddock April 12,2005
Raddock&Rouse LLC
4340 SE Jahnson Creek Blvd
Milwaukie,OR 97222
Reference: 9865 SW Johnson Stneet
7igard,OR 97223
Land Division
Note: Chapter 18.790—Section.030
62.d.: Retention of 75%or greater of existing hees over 12"in caliper. No mitigation is required.
The following trees are numbered and located on the Site Plan(attached). Trees#1-7 on Parcel#1.
�. 19'DBH(diameter at 4.5 ft height)-Plum Tree-good condition
2. 16"D8H—Douglas Fir -good condition
3. 18"DBH—White Birch-good condifion
4. 17"DBH—UVhite Bir�h-good condition
5. 33"DBH—Black Walnut-good condition
6. Shrub(mutbi-stem)—Ewe(2"60 4"DBH)-good condition
7. 27"DBH—Black Walnut—DEAD—REMOVE
Trees#8-11 are on Pa�el 2 being divided out.
8. 10"DBN—Apple—fair condition
9. 6"DBH-Apple�trunk decay-34°tean—50%has broken out—REMOVE
10. 91"D8H—Appie—70%trunJc decay—REMOVE
11. 5"DBH—Sweet Gum—growing in Laurel Hedge-REMOVE
Protection Fencing(5 ft.plastic construction fencing with steel posts)w�l be erected around tree#8 and also
to close the aocess to the developed portion of this prope�ty. The�e a�e no trees 12"DBH or g reater in or
near Parcel#2 that could be effected by constniction in Parcel#2.
If you have�y questions,please don't hesitate to call.
Sincerely, �/�� ,
Mark Bourgeois, President
Certified Arborist PN-1562A
.�c�ir,t;r
GrSC� ��_ ' �- —
..,.,�...,., .."..,.� .e�,o.....�.,.
CCB#128102 TIN#93-1242529
Rpr 12 05 06: 44p Mark Bour�eois 8 5034912834 p. 3
,
j \���\ �1� �C ��''l
w
, °��o• �y��.��'��� _
� , � ��•- ,.P. ���1� ��'us.v L�G
. cs.k s.��
S372s'yry� 0.5l.
9S�'s� �v ��,'''��'Y�
.
�,' � o f���� /�` � 7 J��'/�l-p,�_ �.��3
� ��� � ,�3 ` L�..,.��S/Ws�z�-.v
���f/Y - /�
� � ��s>
/� � � \3J
3�,
+
����K �� J ,, K ,
`p � Q I � st�. �?? FQ 5/8" I.R. N/VPC
� v �,,� � 1 ; � �sa• sr�o •zr.c EHCRS.
I \ L.S. 1944" {$.N. 27595)
�lL'/'� l�.�'iG�/�y%E'vrrS � � \
,� / �
!`C�'/' ' f D -���- � ` �` ��
�������� >° / � ��'�.�+,.°�• � ,
g.,,��,�''�, p� y�3° m� n''�a�.� �
✓ � �� � ''�
�-� � - O��/ i PAa�fl 2 �
j_.. �� . � !o +o.000 so fr � ,o�?;:
�y��T ''�M1 � •o' - _
���' S�a� � �'�: ;-:1'
�� � ; `' �,� �
q1' ?� �/..:::�".��
'�lt� � ,�..�:�-� �
ip ,�dj �/�•�-�
J �
0.66' 91. — 'r p'�. ��/
�1, � � / /-•�� 4
.o �' -aF .�T ' , / .//
s �,� (: �fA_pTCpT / /--` ��
_Z
sy�hr ,eb /�/.� . /��o
'� � ;� i .
FO 3/� I.P. ' �tgp �59 �01'O� :r.r..: /// ��
�S.N. 5499} � ;�, /� � ✓j/ �,.-
� wwCEl 1 ~ cPj 'y�� /
7 35 SO FT / /�b� �v � �/ /
� �` 2.95'3 � � /%�� /
�� � � G ���
�� � / / � �• � /
- -- - --�- ------oE / �� y� i
i �
.'� °� � . � s �•� ' i i
� S„ i �ar- i o /
�.�— � .
�`\sJ ss 3s;,. �`" � � �� � �i`'/
O C��'� f /� � /�
ti `\ s�i. 'y / � �� ,f �
T�\ � \\ F\ ` r �/ /, / � / /
. � s� `��y� / �/ � �`
� � � ''s � � �-� i �^� /
•o ✓p �\ �v � � �
f� y�so�Y�/ \�� .�O L/ 'cz / ����`�o, i�� i /
VOUT � '+�� �� � � � � / � �/ i I
\\�� i� \ `�.\ ^ ��� :s,� ,��,��'�
. /`` �jy�R FD 1' f.p. \ // { �7� /
/
\\ 16���p�`` GV �/ i/7 /
� \Q `Y Cv / / � o- // //
�� � v / / � �a`~
f ,,,
�S-y0 ��` � ryp �� Q'� o � �� ; (��
\ � / �/� v""\
i
. �� � / � � 1� / � —
� / � /
SAN�tARY MANHOCE � �+� � � ! ~P I� `� .�� � / �-
RW-�E0.�7 � � / �
IE e'WC(SEj=753.5� g \\ � � / ` \
IF 8�PVC SlY-1 �
IE 8 PVC(NEf=15Y.BI � � �)r, Q'/
�`d i
CleanWater Services
April 7, 2Q05
Ryan Paddock
4340 SE Johnson Creek Blvd.
Milwaukie, �R 97222
Re: Minor land partition located at98fi5 SW Johnson St., Tigard, OR
CWS file 0�000057 (Tax map 2S102BA, Tax lot 01800)
Clean Water Services has reviewed your proposal for the above referenced
activity on your site. Staff has conducted a prescreen review and requested
completion of a Sensitive Areas Certification Form. Following review of
submitted materials it appears that Sensitive Areas do not exist on-site or within
200' from your project. In light of this result, this document will serve as your
Service Provider letter as required by Resolution and Order 049, Section 3.02.1.
All required permits and approvals must be obtained and completed under
applicable local, state, and federal law.
This concurrence letter does NOT eliminate the need to potect Sensitive Areas if
they are subsequently identified on your site.
If you have any questions, please feel free to call me at 50�681-3605.
Sincerely,
G���i��
Chuck Buckallew
Environmental Plan Review
E:\Devebpment Svcs1SP 00-7�Concu�rence Lettcrs�2S 1026AO1800-no sens area spl and sc 04-9.doc
2550 SW Hillsboro Highway• Hillsboro, Oregon 97123
Phone: (503)681-3600• Fax:(503)681-3603 •www.CleanWaterServices.org
• }
PRE-APPLICATION
-� CONFERENCE REQUEST
CITY OF TIGARD 13125 SW Ha!!Blvd., Trgard, OR 97223(503) 639-4171 FAX.• (503) 684-7297
GENERAL INFORMATION
� � I' I.. FOR STAFF USE ONLY
Applicant: �`�3N rc�+dC�i[�, l'Y�+�.��
Address: �i 3�1a ��� .S��wS��'•��d Phone: Case No.: ��F o"t o a`F - do 1 I S
City: /���Wc,w,��c.. _j O�L Zip: �?ZZZ Receipt No.: a o o`{ —
Application Accepted By: � . �'w'�
Contact Person: �a.� Phone: �o;�Z��"��5�\
� Date: /a -a� -O �
Property OwnerlDeed Holder(s):��OorJ6��ot 2. . L�-�
�— DATE OF PRE-APP.: Io��.3�'� `�
TIME OF PRE-APP.: ��� D O
Address: 5�`�'�- °-'S a,ba�. Phone:
PRE-APP. HELD WITH:
Clty: Z�P� Rev.7/�l04 i:\curpinlmasterslrevised\Pre-AppRequest.doc
Property Address/Location(s):�� 6� S� j n�wSe� S�-,
REQUIRED SUBMITTAL ELEMENTS
(Note: applications will not be accepted
without the required submittal elements)
Tax Map 8�Tax Lot#(s): 2-51°2 �I�} v��
Zoning: R-y•5 ❑ Pre-Application Conf. Request Form
Site Size: + '[b CkC�'�-5 4 COPIES EACH OF THE FOLLOWING:
❑ Brief Description of the Proposal and
PRE-APPLICATION CONFERENCE INFORMATION any site-specific questions/issues that
you would like to have staff research
prior to the meeting.
All of the information identified on this form are required to be
submitted by the applicant and received by the Planning Division a ❑ Site Plan. The site plan must show the
minimum of one (1) week prior to officiallv schedulinp a proposed lots and/or building layouts
qre-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.
Tuesdav or Thursdav morninqs. Pre-application conferences are ❑ The Proposed Uses.
one (1) hour lonQ and are typically held between the hours of � Topographic Information. Include
9:00-11:00 AM. Contour Lines if Possible.
PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN ❑ If the Pre-Application Conference is for
PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM a MONOPOLE project, the applicant
8:00-4:OO/MONDAY-FRIDAY. must attach a copy of the letter and
proof in the form of an affidavit of
IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE mailing, that the collocation protocol
PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE Was completed (see Section 18.798.080
INFORM THE CITY IN ADVANCE 50 THAT ALTERNATE ROOM of the Tigard Community Development
ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE Code).
GROUP. ❑ Filing Fee $296.00
Pre-Apps (CD Meetings) oe�embe�zoo4
5 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 31
Thursday, December 30, 2004 ___ _
s:oo
8:30
9:00
9:30
10:00 Pre-App !I
- - I
10:30 '
_ �
11:00 Pre-app Ryan Paddock 503-228-3848 9865 SW Johnson St
M LP
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 i
6:00 �,
-- _ i
12:02PM Wednesday, December 22, 2004
9865 SW Johnson St.
Pre-Application Conference Request
Description of Proposal
This proposal is to partition the existing 20,048 ftZ lot into two parcels. The existing house,
garage and driveway access will remain unchanged on Parcel 1. Access for Parcel2 will be on
Grant Street. The intent is for parcel2 to meet the requirements for a duplex lot.
Questions:
-- 1) Can the existing accessory building remain on parcel 2?
2) What will be required for street dedication(s)?
3) How will the location of the existing house affect a street dedication?
4) Confirm that street improvements will be differed.
_ 5) Confirm that the proposed parcel2 meets the requirements for a duplex lot.
LOt GRADUALLY SLOP�S o
SOL1tN t0 NORtN LESS �
TNAN 5' TOTAL '`t, c�,
�
� �
122,48f t, � ?� �
87,OOft. � ✓�'FT/GA o
N �
� PROPOSED ONE
� OR TWO FAMILY � N
X. D PARCEL Z DWELINCs LOt Q �
10�d45 SQ. Ft. �� �
/ � �
MAMtAIN 5' � �
SETBAGK MIN. �� ASSIJMED 10' � �'
i STREET � �
PROPOSED NEW i DEDICAtI y ,�a�i
94.30ft, �A E LOT LfNE �� � 1�
�i 8,84ft. � e
� Q �
�� Z .e
0
8,16�� � . 22.00f�i ,`y�� EX. DRIYEWAY � �
X. DRI AY � � S�RI/INCs 7W0 � y
� (y
LOTS � �
EX. HOUSE i� � � �
i a�
i
4,02ft,
98,68ft, � V
��O a � N
� m N
N
sr � � � N
�x �a-wAY sroP � " o �
o = w '
ZONINCs: R-45 L� � o ,�
CsROSS SITE A�A: 20�d48 SQ FT. � � �,;M
0
O c``'i> > v
a
0 20 40 80 � M �
�CALE 1" = 40' t1, �
� ,�
�k�
� PRE-APPLICATION CONFERENCE NOTES
➢ EHGINEERING SECTION Q �'�°nn°`�°��,'"
00000000000Qo
PUBLIC FACILITIES Tex Mep[Sl: 2S102BA
Tax Lotlsl: 01800
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-way dedication:
The City of Tigard requires that land area be dedicated to the public:
(1.) To increase abutting public rights-of-way to the ultimate functional street classification
right-of-way width as specified by the Community Development Code; or
(2.) For the creation of new streets.
Approval of a development application for this site will require right-of-way dedication for:
� SW Grant Avenue to 27 feet from centerline (Neighborhood Route, no bike lanes). Additional
ROW dedication for the radius at the corner will be required (14' radius for ROW).
� SW Johnson Street to 27 feet from centerline (Neighborhood ROute, no bike lanes)
❑ SW to feet
❑ SW to feet
Street improvements:
� Half street improvements will be necessary along SW Grant Avenue, to include:
� 16 feet of pavement from centerline
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk with 5-foot planter strip
� street trees sized and spaced per TDC
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
CITY OF TIGARD Pre-Application Conference Notes Page 1 ot 6
Enginearing oeaartmentSecuon
� Half street improvements will be necessary along SW Johnson Street, to include:
� 16 feet of pavement from centerline
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk with 5-foot planter strip
� street trees sized and spaced per TDC
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
CITY OF TIGARD Pre-Application Conference No[es Page 2 of 6
Englaeering Uepar[ment Sectlon
_ ❑ 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.) Grant Avenue
(2.) Johnson Sfreet
Overhead Utility Lines:
� Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines
adjacent to a development to be placed underground or, at the election of the developer, a
fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines
are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to
$ 35.00 per lineal foot of street frontage that contains the overhead lines.
There are existing overhead utility lines which run adjacent to this site along SW Grant
Avenue and Johnson Street. Prior to final buildinq inspection, 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 Grant Avenue
and Johnson Streets. The proposed development must be connected to a public sanitary sewer. It is
the developer's responsibility to connect each parcel to the public sewer.
Water Supply:
The City of Tigard (Phone:(503) 639-4171) provides public water service in the area of this site. This
service provider should be contacted for information regarding water supply for your proposed
development.
Fire Protection:
Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010]
provides fire protection services within the City of Tigard. The District should be contacted for
information regarding the adequacy of circulation systems, the need for fire hydrants, or other
questions related to fire protection.
Storm Sewer Improvements:
All proposed development within the City shall be designed such that storm water runoff is conveyed
to an approved public drainage system. The applicant will be required to submit a proposed storm
CITY OF TIGARD Pre-Applicatlon Conference Notes Page 3 of 6
Englneering Department Sectlon
drainage plan for the site, ar iay be required to prepare a sub ;in drainage analysis to ensure
• that the proposed system will accommodate runoff from upstream properties when fully developed.
Pay the fee-in-lieu of constructing an on-site detention facility.
Storm Water Quality:
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 othenrvise 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 building permit issuance. In limited
circumstances, payment of the TIF inay be allowed to be deferred until the issuance of an occupancy
permit. Deferral of the payment until occupancy is permissible o� when the TIF is greater than
$5,000.00.
CITY OF TIGARD Pre-Applicatlon Conference Notes Page 4 of 6
EnD�neertng Uepartmen[Sectlon
PERMITS.
�
Public Facility Improvement fPFI) Permit:
Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering
Department. A PFI permit application is available at the Planning/Engineering counter in City Hall.
For more extensive work such as street widening improvements, main utility line extensions or
subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for
review and approval.
The Engineering Department fee structure for this permit is considered a cost recovery system. A
deposit is collected with the application, and the City will track its costs throughout the life of the
permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases
where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for
any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI
permit application. This time will be considered part of the administration of the eventual PFI permit.
The Permittee will also be required to post a perFormance bond, or other such suitable security.
Where professional engineered plans are required, the Permittee must execute a Developer/Engineer
Agreement, which will obligate the design engineer to perform the primary inspection of the public
improvement construction work. The PFI permit fee structure is as follows:
NOTE: If an PFI Permit is required,ihe applicant must obtain that
permit prior to release of any permits from the Building Division.
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.
Other Permits. There are other special permits, such as mechanical, electrical and plumbing
that may also be required. Contact the Development Services Counter for more information.
CITY Of TIGARD Pre-Applicatlon Conference Notes Page 5 of 6
Englneering Oepartment Sectloo
� �
�
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: ��_� .�, � ,��`,,��t�,� � 2 . ��.�.,�.
�t � �
ENGINEERK�NG DEBARTMENT STAFf DATE
Phone: [503)639-4171
Fax: [5031624-0752
document3
Revised: September 2, 2003
CITY OF TIGARD Pre-Applicatlon Conference Notes Page 6 of 6
En9ineertng OepartmentSectlon
♦ '
� CITY OF TIGARD
��
PRE-APPLICATION CONfERENCE NOTES �o„m�nzty���e��ent
ShapirtgA Bette�C�mmunity
(Pre-Application Meeting Notes are Valid for Six (6) Months)
PRE-APP.MTG.DATE: Z O ��
STAFF AT PRE-APP:
--- -- RESIDENTIAI
APPLICANT: RU qN ��c K AGENT:
Phone: � ) so 3 - z 2-$� a8 y�q Phone: (_ )
PROPERTY LOCATION:
ADDRESS/GENERAL LO(ATION: 9 6?(S -S'w T�scn,S�
TAX MAP(S)/LOT #(S): _�5 ( (� �
NECESSARYAPPLICATIONS: �/1� � I�� /�i�� Cr�r� �zTiTd�u
PROPOSAL DESCRIPTION: �J�V/4E r',9R�rZ iwTo 7-wo (�A�cEZ,s
COMPREHENSIVE PLAN • �
MAP DESIGNATION: ��-- L�a.�a�-�i, �.��t�c�
ZONING MAP DESIGNATION: lZ- °/• S
i0MIN6 DISTRICT DIMENSIONAL REQUIREMENTS [Refer u Cede Sectlon 18.S/0 1
MINIMUM LOT SIZE:��SOa sq. ft. Average Min. lot width: SD` ft. Max. building height: .�D ft.
Setbacks Front Zo ft. Side �"' ft. Rear��ft. Corner 1,�ft. from street.
MAXIMUM SITE COVERAGE: — % Minimum landscaped or natural vegetation area: `— %.
GARAGES: Zo ft.
❑ NEISNBORHOOD MEE11N6 [Refer to the Neighborhoed Meeting Handoutl
THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED
PARTIES, 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. Meetin� is to be held prior to
submittinq your application or the aqplication will not be accepted.
* NOTE: In order to also preliminarily address building code standards, a meeting with a Plans
Examiner is encouraged prior to submittal of a land use application.
CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9
Residential ApplicationlPlanning Division Saclion
t •
� MARRATIVE [Refer to Code Chapter 18.3901
The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable
approval standards. Failure to provide a narrative or adequately address criteria would be reason to
consider an application incomplete and delay review of the proposal. The applicant should review
the code for applicable criteria.
� IMPACT STUUY [Refer to Code Sectlons 18.390.040 and 18.390.0501
As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE
AN IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the
development on public facilities and services. The study shall address, at a minimum, the
transportation system, including bikeways, the drainage system, the parks system, the water system,
the sewer system and the noise impacts of the development. For each public facility system and type
of impact, the study shall propose improvements necessary to meet City standards, and to minimize
the impact of the development on the public at larg e, public facilities systems, and affected private
property users. In situations where the Community Development Code requires the dedication of real
property interests, the applicant shall either specifically concur with the dedication requirement, or
provide evidence which supports the conclusion that the real property dedication requirement is not
roughty proportional to the projected impacts of the development.
� ACCESS [Refer to Chapters 18.705 and 18.7651
Minimum number of accesses: l Minimum access width: 1 S' �
Minimum pavement width: /o`
❑ WALKWAY REQUIREMEMTS [Ref�r to Code Chapter 18.7051
Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each
residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING
AREA, COMMON OPEN SPACE AND RECREATION FACILITIES.
� RESIDEMTIAL DENSITY CALCULATION [Refer to Code Chapter 18.7151-SEE D(AMPLE BELOW.
The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net
area of the developable land by the minimum number of square feet required per dwelling unit as
specified by the applicable zoning designation. Net development area is calculated by subtracting
the following land area(s) from the gross site area:
All sensitive lands areas includinq: EST�m�7�: 1 o p(O Cnos S
➢ Land within the 100-year floodplain; - �zo,
➢ Slopes exceeding 25°/a;
➢ Drainageways; and /b,va8 ��1'
➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. ' ?���'
Public right-of-way dedication: Z,.13 uwr'rs�
➢ Single-family allocate 20% of gross acres for public facilities; or �n�r� Z u.�-c�s
➢ Multi-family allocate 15% of gross acres for public facilities; or in�r'v I v mr
➢ If available, the actual public facility square footage can be used for deduction.
EKAMPLE Of RESIDEMTIAL DENSITY CALCULATIONS:
EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS
Single-Family Mu�i-Family
43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area
8.712 sq. ft. {20°/a)for public riqht-of-wav _6,534 sq. ft. (15%)for public riqht-of-way
MET: 34,848 square feet NET: 37,026 square feet
- 3:050 (minimum lot areal - .050(minimum lot areal
= 11A Units Per Acr� = 12.1 Units Per Acre
�fie 6ev�l�p�ent C�de requtres that me net�te are�exist f�r tpe aext whole dweNing onit NO ROUNDIN6 UP IS PERMIiTED.
�Minfm�un Pnfecc Deasf4i Is 80X N the mmdmum�I�wed denairy.TO OETERMINE THIS STANDARD,MULTIPLY TNE MNOMUM NUMBER OF UNITS BY.a.
CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9
Residential Application/Planning Division Section
� ❑ SPECIAL SETBACKS [Referto. �Section 18.7301
`� STREETS: feet from the centerline of
➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures.
➢ ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained
between each dwelling unit or garage.
➢ MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family
residential developments.
ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less
than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines.
ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size.
[See applicabl�mning district for the primary strucWr�s's�tback r�quirementa.l
❑ FLA6 LOT BUILDIN6 NEI6HT PROYISIONS [Refer to Code Chapt�r 18.7301
MAXIMUM HEIGHT OF 1'/2 STORIES or 25 feet, whichever is less in most zones; 2'/z stories, or 35
feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are
satisfied.
❑ BUFfERIN6 AMD SCREENIM6 [Refer to Code Chapter 18.1451
In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE
OR VISUAL IMPACTS befinreen adjacent developments, especially between different land uses, the
CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer
areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of
deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and
horizontal plantings. Site obscuring screens or fences may also be required; these are often
advisable even if not required by the Code. The required buffer areas may o� be occupied by
vegetation, fences, utilities, and walkways. Additional information on required buffer area materials
and sizes may be found in the Development Code.
The ESTIMATED REQUIRED BUFFERS aqplicable to vour proposal area is:
Buffer Level along north boundary. Buffer Level along east boundary.
Buffer Level along north boundary. Buffer Level along east boundary.
IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG:
�, LANDSCAPIN6 [R�fer to Code Chapters 18.745,18.765 and 18.1051
STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR
PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must
be placed either within the public right-of-way or on private property within six (6) feet of the right-of-
way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured
four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the
branching width of the proposed tree species at maturity. Further information on regulations
affecting street trees may be obtained from the Planning Division.
A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED
in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking
areas shall include special design features which effectively screen the parking lot areas from view.
❑ RECYCLIM6 [Referto Code Chapter18.7551
Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE
SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such
as at the intersection of 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.
CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9
Residential Application/Planning Division Section
• � �] PARKIN6 [Refer to Code Chap. . 18.765 a 18.7051
ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED.
➢ Single-family............ Requires: One (1) off-street parking space per dwelling unit; and
One (1) space per unit less than 500 square feet.
➢ Multiple-family.........Requires: 1.25 spaces per unit for 1 bedroom;
1.5 spaces per unit for 2 bedrooms; and
1.75 spaces per unit for 3 bedrooms.
Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of
guests and shall consist of 15% of the total required parking.
NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED
AS COMPACT SPACES. Parking stalls shall be dimensioned as follows:
➢ Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches.
➢ Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches.
➢ Handicapped parking: All parking areas shall provide appropriately located and dimensioned
disabled person parking spaces. The minimum number of disabled person parking spaces to
be provided, as well as the parking stall dimensions, are mandated by the Americans with
Disabilities Act (ADA). A handout is available upon request. A handicapped parking space
symbol shall be painted on the parking space surface and an appropriate sign shall be
posted.
❑ BICYCLE RACKS [Refer to Code Sectlon 18.7651
BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in
convenient locations.
❑ SENSITIYE LANDS [Refer to Code Chapter 18.7151
The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL
DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON
UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-
application conference based on available information. HOWEVER, the responsibilitv to precisely
identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas
meeting the definitions of sensitive lands must be clearly indicated on plans submitted with the
development application.
Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands
areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS.
❑ STEEP SLOPES [Refer u Cede S�ctien 18.715.070.C1
When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be
submitted which addresses the approval standards of the Tigard Community Development Code
Section 18.775.080.C. The report shall be based upon field exploration and investigation and shall
include specific recommendations for achieving the requirements of Section 18.775.080.C.
�' CLEAMWATER SERVICES[CWSI BUFFER STAMDARDS [Refer to R a 0 96,44/USA Regulatlons-Chapter 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.
DesiQn Criteria:
The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area. The following table
identifies the required widths:
CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9
Residenti�ApplicationlPlanning Division Section
. ABLE 3.1 VEGETATED CORRIDOR WIDTH,
SOURCE: CWS DES16N AND CONSTRUCTION STANUARUS MANUAL/RESOLUTION 8 ORDER 96,44
SENSITIVE AREA DEFINITION SLOPE ADJACENT� WIDTH OF VEGETATED
TO SENSITIVE AREA CORRIDOR PER SIDE
♦ Streams with intermittent flow draining: <25% 15 feet
� 10 to <50 acres
� >50 to <100 acres 25 feet
• Existing or created wetlands <0.5 acre 25 feet
• Existing or created wetlands >0.5 acre <25% 50 feet
• Rivers, streams, and springs with year-round flow
• Streams with intermittent flow draining >100 acres
• Natural lakes and onds
• Streams with intermittent flow draining: >25% 30 feet
� 10 to <50 acres
� >50 to <100 acres 50 feet
. Existing or created wetlands >25% Variable from 50-200 feet. Measure
• Rivers, streams, and springs with year-round flow in 25-foot increments from the starting
• Streams with intermittent flow draining >100 acres point to the top of ravine (break in
• Natural lakes and ponds <25%slope), add 35 feet past the top
of ravine3
Starting point for measurement = edge of the defined channel (bankfui flow) for streams/rivers, delineated wetland boundary, delineated spring
boundary, and/or average high water for lakes or ponds, whichever offers greatest resource protection. Intermittent springs, located a minimum of 15
feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement.
�/egetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition.
3The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to
15 feet, if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine.
Restrictions in the Veqetate Corridor:
NO structures, development, construction activities, gardens, lawns, application of chemicals,
dumping of any materials of any kind, or other activities shall be permitted which otherwise detract
frorn the water quality protection provided by the vegetated corridor, excepf as provided for in the
USA Design and Consfruction Standards.
Location of Veqetated Corridor:
IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended
for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a
separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit.
�` CWS Service Provider Letter:
-� PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service
Provider Letter which will outline the conditions necessary to comply with the R8�0 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.
❑ S16MS [Refer to Cede Chapter 18.7801
SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of
Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or
height beyond Code standards may be permitted if the sign proposal is reviewed as part of a
development review application. Alternatively, a Sign Code Exception application may be filed for
Director's review.
� TREE REMOVAL PLAN REQUIREMENTS [Refer to Code Secdon 18.190.030.CJ
A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, �ar�titi�on site development review, planned development,
or conditional use is filed. Protection is pre errf ed over removal where possible.
CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9
Residential Application/Planning Division Section
� THE TREE PLAN SHALL ;LUDE the following:
➢ Identification of the location, size, species, and condition of all existing trees greater than 6-
inch caliper.
➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in
caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according
to the following standards and shall be exclusive of trees required by other development code
provisions for landscaping, streets and parking lots:
. Retainage of less than 25% of existing trees over 12 inches in caliper requires a
mitigation program according to Section 18.150.070.D. of no net loss of trees;
. Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that
two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of from 50 to 75°/a of existing trees over 12 inches in caliper requires that
50% of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation;
➢ Identification of all trees which are proposed to be removed; and
➢ A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT
APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be
replaced according to Section 18.790.060.D.
� MITI6ATION [Refer to Code Sectlon 18.790.060.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 VISION ARFA [Refer to Code Chapter 18.7951
The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND
EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size
of the required clear vision area depends upon the abutting street's functional classification and any
existing obstructions within the clear vision area. The applicant shall show the clear vision areas on
the site plan, and identify any obstructions in these areas.
CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9
Residential Application/Planning Division Ser.tion
• ❑ FUTURE STREET PLAN AND DREl. ,N OF STREETS [Refer to Code Section . ,10.030.F.]
A FUTURE STREET PLAN shall:
> Be filed by the applicant in conjunction with an application for a subdivision or partition. The
plan shall show the pattern of existing and proposed future streets from the boundaries of the
proposed land division and shall include boundaries of the proposed land division and shall
include other parcels within 200 feet surrounding and adjacent to the proposed land division.
➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and
pedestrian facilities on or within 500 feet of the site.
Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall
be extended to the boundary lines of the tract to be developed.
❑ ADDITIONAL LOT DIMENSIONAL REQUIREMENTS [Reter to Code Secbon 18.810.0601
MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process.
Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum
15-foot wide access easement.
The DEPTH OF ALL L�TS SHALL NOT EXCEED 2'h TIMES THE AVERAGE WIDTH, unless the
parcel is less than 1'/z times the minimum lot size of the applicable zoning district.
❑ BLOCKS [Refer to Code Sectlon 18.810.0901
The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured
along the right-of-way center line except where street location is precluded by natural topography,
wetlands or other bodies of water or, pre-existing development.
When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided
through the block.
CODE CHAPTERS
_ 18.330(Conditiona�use) 'I$.6ZO(Tgard Triangle Desgn Standards} ✓'I$.7B�J(OffStreet ParkinglLoading Requirements)
_ 18.340(Directors Interpretation) 18.630(Washirgton Square Regional Center) _ 18.775(Sensitive�ands Review)
_ 18.350(P�anned�evebpment) .� 18.705�a,o�y�c��,�t�,� _ 18.780�sg��
_ 18.360(site oeve�ment Review) �8.7�O(Accessory Residential UnNs) _ 'I S.7H5(Temporary Use Permits)
_ 18.370(varianoes�Ad�ustrnents) �,� 18.715(Density Computations) _�18 J90(Tree Removaq
_ 18.380�zor,��r+�ar�c a,��a�,�� 18.720(Design Compatibility Standards) � 18.795 iv��i c���A��
_ 18.385(Misoe�laneous Permits) 18.725(Environmental Performance Standards) _ �H.7J8(Wireless Communication Faalities)
�C 18.390(�ecision n�abrx,�Prooedures��mpact study) 18.730(Exceptions To Devebpment Standards) ✓1 H.H 1 O(Street&Utility Improvement Standards)
_ �8.4�O(Lot Line Adjustrnents) 18.740�H�ro�c o�eriay> —
�C 18.420(�and Partirtions) 18.742(Home occupation Permits)
_ 18.430(Subdivisions) ��18.745(tzndscaping&Saeening Standards)
J�18.5�O(Residential Zoning Districts) 18.750(Manufacturedrtv�obi�Home Regu�ations)
_ 18.520(Commeraal Zoning Districts) 18.755(Moced So�id wastelRecyding Srorage)
_ 1 H.53O(Industrial Zoning Distric�s) `: 18.760(Nonconforming Situations)
CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9
Residential Application/Planning Division Sec6on
• � ADDITIONAL CONCERNS OR COMMEK.
CeN I
17 u�l r.,� is rrl�►�� �� 1�.��l.S �o�u rrs ,g- t�d�� � vsQ. �v�t�'<Q
Ttin yniw�nurr.; �cr%1 sI'sE Js �o. BdD�F a.�
� .�r.�s.��.�pL(vlit�.ud.[�iruit /1Q41LlLr.t�tc�✓V ad IL�G u��K�ii`id z� � �
�A�.L�a7 l5 '!AL4 AO �
Tk+.o e B '7� � .r) ir►� �• � �.,ts
� cm v /R41 cJ�v wo�-�- n h� .
�G�fo � • � re�(
/
!r pi y c l r�. ��' � �' < <;iLG(,= f��l L
a
� L7�'i c-- ^ � �.;Y kc, S " Gu ��_ - i� ,Ll.J /
PROCEDURE
✓ Administrative Staff Review.
Public hearing before the Land Use Hearings Officer.
Public hearing before the Planning Commission.
Public hearing before the Planning Commission with the Commission making a
recommendation on the proposal to the City Council. An additional public hearing shall be
held by the City Council.
APPLICATION SUBMITTAL PROCESS
Atl APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE: A lications
submitted b mail or dro ed off at the counter without Plannin ivision acce tance ma e
returne . e anrnnq counter closes at 5:
Ma s submitted with an a lication shall be folded IN ADVANCE to 8'/z" x 11". One 8'/z' x 11"
ma o a ro osed ro ect s a a so e su mitte or attac ment to t e sta re ort or
administrative decision. Applications wit un olde maps sha not be accepted.
The Planning Division and Engineering Department will perform a preliminary review of the
application and will determine whether an application is complete within 30 days of the counter
submittal. Staff will notify the applicant if additional information or additional copies of the submitted
materials are required.
CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9
Residential ApplicationlPlanning Division Section
. The administrative decisic � public hearing will �pically occur � oximately 45 to 60 days after an
application is accepted as being complete by the lannin� Division. Applications involving difficult or
protracted issues or requiring review by other jurisdictions may take additional time to review.
Written recommendations from the Planning staff are issued seven (7) days prior to the public
hearing A 10-day public appeal period follows all land use decisions. An appeal on this matter
would be heard by the Tigard �/�i?�i�-S aFF�c�',� . A basic flow chart
which illustrates the review process is availabl�rom the Planning Division upon request.
Land use applications requiring a public hearing must have notice posted on-site by the
applicant no less than 10 days prior to the public hearing.
This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE
INTENDED TO INFORM the prospective applicant of the primary Community Development Code
requirements applicable to the potential development of a particular site and to allow the City staff
and prospective applicant to discuss the opportunities and constraints affecting development of the
site.
SUBDIVISION PLAT NAME RESERYATION [County 5unreyor's O�ice: 503-648-88841
PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard,
applicants are required to complete and file a subdivision plat naming request with the Washington
County Surveyor's Office in order to obtain approval/reservation for any subdivision name.
Applications will not be accepted as complete until the City receives the faxed confirmation of
approval from the County of the Subdivision Name Reservation.
BUIlDIN6 PERMITS
PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR
REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by
the Building Division will not be granted until there is compliance with all conditions of
development approval. These pre-application notes do not include comments from the
Building Division. For proposed buildings or modifications to existing buildings, it is
recommended to contact a Building Division Plans Examiner to determine if there are
building code issues that would prevent the structure from being constructed, as proposed.
Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be
demolished has system development charge (SDC) credits and the underlying parcel for that
structure will be eliminated when the new plat is recorded, the City's policv is to apply those system
development credits to the first buildinq permit issued in the development (UNLESS OTHERWISE
DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED).
e con erence an no es canno cover a o e requirements an aspects re ate to
site planning that should ap ply to the develo p,ment of your site plan. Failure of the staff to provide
information required b the Gode shall not constitute a waiver of the applicable standards or requ�rements.
It is recommended tha�a prospectiye applicant either obtain and read the Community Development Code or
ask any questions of City staff relative to Code requirements prior to submitting an application.
AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN
APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A
PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as
unnecessary by the Planning Division).
PREPARED BY: a��
CITY OF TIGAR PLANNI G DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING
PHONE: 503-639-4171 FAX: 503-684-1291
EMAIL• (scaff's first name)U��i.tigard.or.us
nnE�s(CITY OF TIGARD'S COMMUNITY DEVELOPMENT CODE)INTERNET ADDRESS: WWW.CI.tigard.O�.OS
H:lpattylmasterslPre-App Notes Residential.doc Updated: 15-Dec-04
(Engineering section:preapp.eng)
CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9
Residenfial Application/Planning Division Section
� QL�L��,����/ O 1/23/2006
�� Conditions Associated With 1 i�`i.�c�''�.' 10:58:SSAM
� ��., �-����
� T I D E M A R K Case #: MLP2005-00005
COM�UTER SYSiE41S. ��M1C _�.�. .�
Condition Status Updated
Code Title Hold Status Changed By Tag Date By
1 REVISED PRELIM PLAT SHW VIS CLEAN None NOT MET KSM 10'20'2005 ST
8. Prior to tinal 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.
1 TREE PROT#8 ON PARCL#2 None Met Ol/20/2006 GBP Ol/20/2006 GBP
1. Prior to site development,the applicant shall submit a tree protection plan for tree#8 on Parcel#2 to the City
Forester for review and approval.
1 PF[ PERMIT None NOT MET KSM 10/20/2005 ST
2. Prior to commencing onsite improvements,a Public Facility [mprovement(PFI)permit is required for this project to
cover half-street 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.tigard.or.us).
1 EXACT LGL NAME/ADD/PHONE None NOT MET KSM 10/20/2005 ST
3. The PFI permit plan submittal shall include the exact legal name,address and telephone number of the indiidual 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 Deparhnent will delay processing of project documents.
1 CONST VEH ACCES/PRKNG PLAN None NOT MET KSM ]0/20/2005 ST
4. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer. The
purpose of this plan is for parking and traffic control during the public improvement construction phase. All
construction vehicle parking shall be provided on-site. No construction vehicles or equipment will be permitted to park
on the adjoining residential public streets. Construction vehicles include the vehicles of any contractor or subcontractor
involved in the construction of site improvements or buildings proposed by this application,and shall include the
vehicles of all suppliers and employees associated with the project.
1 CONNECTION PERMIT PUB SS SYSTEM None NOT MET KSM 10/20/2005 ST
5. 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.
1 EXT PUB WTR LN PFI PERMIT CON DRW None NOT MET KSM l0/20/2005 ST
6. Any extension of public water lines shall be shown on the proposed Public Facility Improvement(PFI)permit
construction drawings and shall be reviewed and approved by the City's Water Department,as a part of the Engineering
Department plan review. NOTE: An estimated 12%of the water system costs must be on deposit with the Water
Department prior to approval of the PFI permit plans from the Engineering Department and construction of public water
lines.
1 EROSION CONTRL PLAN PART OF PFI P None NOT MET KSM 10/20/2005 ST
7. An erosion control plan shall be provided as part of the Public Facility Improvement(PFI)permit drawings. The
plan shall conform to the "Erosion Prevention and Sediment Control Design and Planning Manual, February 2003
edition."
1 AS BUILT DRAWINGS None NOT MET KSM 08/29/2005 DLW2
9. Prior to final plat approval,the applicant shall provide the City with as-built drawings of the public improvements as
follows: 1)3 mil mylar,2)a diskette of the as-builts in "DWG" format,if available;otherwise"DXF"will be
acceptable,and 3)the as-built drawings shall be tied to the City's GPS network. The applicant's engineer shall provide
the City with an electronic file with points for each structure(manholes,catch basins,water valves, hydrants and other
water system features) in the development,and their respective X and Y State Plane Coordinates,referenced to NAD 83
(91).
1 PAY ADDRESSING FEE None NOT MET KSM 08/29/2005 DLW2
10. Prior to final plat approval,the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley Treat,
Engineering).
l EXECUTE RESTRICTV COVENANT None Met I 1/O1/2005 KSM 11/Ol/2005 ST
Page 1 of 3 CaseConditions..rpt
�':, `;� �u �� .� �� �;�`' ��� :��'� '����
( 912 NE Kelly Avenue, Suite 219 Fax: 503.491.2834
Gresham, OR 97030 Cellular: 503.710.0815
ARBORIST REPORT
April 12, 2005
Ryan Paddock
Paddock&Rouse LLC
4340 SE Johnson Creek Blvd
Milwaukie, OR 97222
Reference: 9865 SW Johnson Street
Tigard, OR 97223
Land Division
Note: Chapter 18.790-Section .030
6.2.d.: Retention of 75%or greater of existing trees over 12"in caliper. No mitigation is required.
The following trees a�e numbered and located on the Site Plan (attached). Trees#1-7 on Parcel#1.
1. 19" DBH (diameter at 4.5 ft height)-Plum Tree-good condition
2. 16" DBH-Douglas Fir -good condition
3. 18"DBH-White Birch-good condition
4. 17" DBH-White Birch -good condition
5. 33" DBH-Black Walnut-good condition
6. Shrub(multi-stem)-Ewe (2"to 4" DBH)-good condition
7. 27"DBH-Black Walnut-DEAD-REMOVE
Trees#8-11 are on Parcel 2 being divided out.
8. 10" DBH-Apple-fair condition
9. 6" DBH-Apple-trunk decay-30° lean-50%has broken out-REMOVE
10. 11"DBH-Apple-70%trunk decay-REMOVE
11. 5" DBH-Sweet Gum-growing in Laurel Hedge-REMOVE
Protection Fencing should be erected around tree#8 and also to close the access to the developed
portion of this property. There are no trees 12" DBH or greater in or near Parcel#2 that could be
effected by construction in Parcel#2.
� ����I���
- �aN 19 2oos
omr oF T�w
°�_�id�l!MlQ�ERING
,
• Ryan Paddock Revised 10/05105
Arborist Report-4/1?J05 Page 2 of 2
Tree Protection Fencing and Construction Management
I recommend that tree protection fencing be installed around the root zone of each tree to be retained
(within 60'of construction, excavation, or equipment operation) before construction,excavation,
demolition, land clearing, or grading begins. For every inch of diameter,fencing should be one(1)
foot from the tree trunk. For example,for a five-inch diameter tree,fencing should be at least 5 feet
from the tree. Fencing material should be 6 foot orange plastic construction fencing with 8 foot steel
posts or 6 foot temporary steel cyclone fencing. All fencing should remain in place until construction is
completed. Within the fenced areas, you should not store materials, park or maneuver vehicles,
excavate for utility or building construction, construct new paved surfaces, or change the grade. If
fencing needs to be moved closer to a tree or group of trees,for construction ease,then I recommend
that you contact me or another certified arborist, for additional evaluation.
If you have any questions, please don't hesitate to call.
Sincerely,
�j��;�'�C�J�?
Mark Bourgeois, President
Certified Arborist PN-1562A
.�CttP1'n i
s4�
c�sc� �c�_ -/=:
<.�H.�arini.���.���sia �:.f.�Cf-r:t LtFF
CCB#128102 TIN#93-1242529
. '�pr 12 05 06: 44p Mark Hourseois 8 5034912634 p. 3
j \-t�\\� �/�,� j��-`!ti'2
�1
,
, ���� �y��,,���� -
. \ ��3i��.�- ��/� ��oz�� LL G
/ 5322�•bl�r �s.-
_ 9S�S sl�.��-s
. � .i►-�i � /�o f��r�''� ` �����p,�_ ����2'� .
, 3 �-d� \
�i¢�y�/Y.{- � �� L�.y��S/ws�-.Y
� `,�s�
� �3J.f
+ �'
�.Q����y — � � I � � ,'�'''~ �o•+. s'�r�n zr.e�D��s.
�lL�l� l���Jrr�j � � i ~ � LS. r9+s-{S,N. z75e5)
n
1 \
�!`��/� ' �� ��G� � ` i� �
�
/����`�" 7,� `e'� , � ��T�'o�sf ' �
�' 97v '',,,,�,�'�
����!'�-� .
/�-- Og/� 6� ' �+cn z � / �.�
�ij�j—��� ; +a000 so Fr � �, a.,>:
`ti `o- •.y_:.c
�'r�/'� �a� T � / ,.�:��`r�;
p� � g � � �- --
•~' +�o ��..�`':�
i �
�y. •8 �(f,�"�I''
, �/.
0.6E' �J9 '� i a�':'t:�
�• �' �
J 4�. �"�''.�'
S $ � a �O c � + ���,( �
or / � !.:=--�' � .
fo ��.-�.a. �_is � ;� e'���//' ✓�Z°.
(S.N. St4s) � � '� � �, 'r` � ��� /'
ti� ��' � ?� �'=
• ��rpi f� �
t 35�9p` F� �, , ' •
, /� �� �
� , �.ss: ? ,�°, /
��. � � ' �� G ���� / I
----:� - _1- �• �
c� -• � ------oE ♦ � S- ,� ' /
� � '. S S 1* i� / /
� .
/ �
\ ,�� �„ / �16 ,/ �
��.s'l\i. � �'F. tP / � /
�L c`� ,�s� / �� �i /
� /
\,��� s+ �\\ ���' 2�//� /'G/ �f ��� / �//
� .IO 3r•'� a � � / y`� /
�� '�D. �"iD,s,// \ �0 � �62 / i��0• ��� // �
vOUT �� � ��• � � / � � � / � �
�\ �/ \\ 1 � � � � �
�� •\ � �
���` \�l� FO 1'1�. \ ` / I i .� $��
� �`R Jrw�-�O���- ov �� �/ /�
i
cv / / �
��� � � � / i 3,`� i /
'S-y ��� ` � \\ '� �, � o / /
� /� � � i,� � �%� �
� � i �! r �/ � ✓
� ` i
s,wivarµw►iaE � �`� ` : i � `��� � �
aa">irw.�� � � � i � \ ./�` � i �-
u a' sc.�sa.sr � � I i \
�e-wc sw.,ss.o� p � � .
�ca-wc+�-�:�re� � _�'�\��tY
i
Sus oss - Paddock Page 1
From: Matt Stine
To: Susan Ross
Date: 01/23/2006 7:48:02 AM
Subject: Paddock
The Paddock Partition's arborist report is good to go. I have already informed Gary. Sank you.
Matt Stine
Tigard City Forester
MSTINE@tigard-or.gov
(503) 718-2589
1`�t L� �(.�`�� ����~
City of Trgard ��
Z3125 SW HalJ Blvd.
Tigard, OR 97223 �
Phone: 503-639-4171
` � �
F1�X TRr1NSMIT`Tr1L
Date Jul�� 12,2006
Number of pages including cover sheet 4
To: Tom Rogers From: Carissa
Co: Co: Cit��of Tigard
Fax#: 503-452-3196 Fax#:
Ph#: 503-718-2G43
SUBJECT: Paddock Partition
MESSAGE:
Hi"Tom,
Here is the list of condirions of approval. Conditions 15-19 are still unmet. Please contact Gary
Pagenstecher with Planning quesrions at 503-718-2434, and Kim 1�1cI�lillan at 503-718-2642 for
Engineering questions.
I.et me know if you have any further questions.Thanks.
��.�ENG�FAX.DOT