MLP2005-00003 , .
.
NOTICE OF TYPE II DECISION
. �� - �- MINOR LAND PARTITION (MLP) 2005-00003
CITY OF TIGARD
WELSH PARTITION community�Devefapment
Shaping A�etter Community
SECTION I. APPLICATION SUMMARY
_;;.:
FILE NAME: � WELSH PARTITION
FILE NOS: Minor Land Partition (MLP) MLP2005-00003
Variance (VAR) VAR2005-00012
Adjustment /�R VAR2005-00013
Ad�ustment AR VAR2005-00014
Adjustment AR VAR2005-00015
Variance (V R) VAR2005-00072
PROPOSAL: The applicant is requesting approval to perform a finro-lot partition on a 0.3 acre
parcel. This partition will create Parcel #1 with approximately 5,371 square feet,
Parcel #2 with 7,205 s uare feet. There is an existing single-famil home on
proposed parcel #1 andt he applicant is proposing to build a duplex on proposed
parcel #2. The applicant has applied for two vanances to the front yard setback of
parcel #1 and the adjoining parcel to the east (tax lot 4300) which has been
included in this application for a shared access. Adjustments have been proposed
for driveway spacing along a collector and from an arterial intersection:
APPLICANT/ Pathfinders Mortgage, Inc. APPLICANT'S Consulting Resources, Inc.
OWNER: Attn: Vic Welsh REP.: Attn: Randy Lytle, PE
20055 SW Pacific Highway, Suite 105 308 Pinehurst Drive
Sherwood, OR 97140 Newberg, OR 97132
ZONING
DESIGNATION: R-12 Medium Densitv Residential. The R-12 zoning district is designed to
accommo ate a u range o �ing types, at a minimum lot size of 3,050
square feet. A wide range of civic and institutional uses are also permitted
conditionally.
LOCATION: 11830 and 11850 SW Greenburg Road; WCTM 1S135DD Tax Lot, 4200 and 4300.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 1$.705 (Access
Egress.and Circulation); 18.715 (Density Computations); 18.745 (Landscapin and
Screenin ); 18.765 O{f-Street parking and Loading Requirements); 18.790 �Tree
Removal�; 18.795 �1/isual 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 MLP2005-00003 WELSH PARTITION PAGE 1 OF 21
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CONDITIONS OF APPROVAL �
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE
IMPROVEMENTS, INCLUDING DEMOLITION, GRADING, CLEARING, EXCAVATION AND/OR FILL
ACTIVITIES:
e app icant s a prepare a cover e er an su mit it, a ong wit any supporting ocuments
and/or plans that address the followin requirements to the CURRENT PLANNING DIVISION,
ATTN: MATHEW SCHEIDEGGER 503-63�-4171, EXT 2437. The cover letter shall clearly identify
where in the submittal the required information is found:
1. Provide information regarding the type of tree to be used as street trees.
2. Follow guidelines of the City Forester as outlined under Section VI (Other Staff Comments).
3. Prior to commencin site work, the applicant shall submit a cash assurance for $6,687 (53.5
mitigation inches x $�25 per inch), which will be held for finro years, at such time the developer will
confact the City's Arborist to verify survival. Once the City's Arborist is satisfied, the City will
release the assurance.
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 req uirements to the CURRENT PLANNING DIVISION,
ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify
where in the submittal the required information is found:
4. Provide an access and maintenance agreement regarding the use and upkeep of the proposed
parking area.
The applicant shall prepare a cover letter and submit it, along with any supporting documents
and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM
MCMILLAN 503-639�171, EXT 2642. The cover letter shall clearty identify where in the submittal
the required information is found:
5. A Public Facility Improvement (PFI) permit is required for this project.to cover removal of the
driveways and construction of the shared driveway 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.tiqard-or.qov.).
6. 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.
7. 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 ad�oining 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 projecf.
8. Prior to final plat approval, the applicant shall pay an addressing fee. (STAFF CONTACT:
Shirley Treat, Engineenng).
9. The applicant shall provide signage at the entrance of each shared flag lot driveway or private
street that lists the addresses that are served by the given driveway or street.
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 2 OF 21
10. The applicanYs engineer shall submit preliminary sight distance certification, with a list of
improvements, for the shared driveway with the PFI permit application.
11. The applicant's engineer shall submit a final sight distance certification for the shared driveway
upon completion of improvements within the ROW.
12. The applicant shall submit construction plans to the Engineering Department as a part of the
Public Facility Improvement permit, indicating that they will construct the following frontage
improvements along SW Greenburg Road as a part of this project:
A. street trees in the planter strip spaced per TDC requirements;
B. new shared driveway apron and removal of 2 existing dnveways.
13. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate
in the future improvements of SW Greenburg Road adjacent to Tax Lots 4200 & 4300, when any
of the following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in whole or in
part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed by a third party and
involves the sharing of design and/or construction expenses by the third party owner(s) of
property in addition to the subject property, or
D. when construction of the im�rovements is deemed to be appropriate by the City Engineer
in conjunction with construction of improvements by others adjacent to the subject site.
14. Lot 1 shall not be permitted to access directly onto Greenburg Road. The driveway shall be
removed and the existing home shall use the shared access driveway. A note shall be placed on
the plat restricting access for Tax Lot 4200 along the Greenburg Road frontage except at the
approved shared access driveway.
15. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed
shared driveway will be jointly owned and maintained by the private property owners who abut
and take access from it.
16. 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.
17. The applicant.shall obtain approval from the Tualatin Valley Water District for the proposed water
connection pnor to issuance of the City's Public Facility Improvement permit.
18. 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.
19. A final grading plan shall be submitted showing the existing and proposed contours. The plan
shall detail the provisions for surface drainage of all lots, and show that they will be graded to
insure that surface drainage is directed to the street or a public storm drainage system approved
by the Engineering Department. For situations where the back portions of lofs drain away.from a
street and toward adjacent lots, appropriate private storm drainage lines shall be provided to
sufficiently contain and convey runoff from each lot.
20. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to
the City's global positioning system (GPS) geodetic control nefinrork (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
� measurements to grid measurements and the angle from north to grid north. These coordinates
can be established by:
• GPS tie networked to the City's GPS survey.
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 3 OF 21
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�
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. By random traverse using conventional surveying methods.
21. 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 Greenburg Road shall be made on the finaf plat which
provides 50 feet from centerline along Tax Lot 4200. Right-of-way dedication for
Greenburg Road shall be made on the �inal plat which provides 40 feet from centerline
along Tax Lot 4300 and an additional 10 feet of reserve ROW.
E. NOTE: Washington County will not begin their review of the final plat until they receive
notice from the Engineering Department indicating that the City has reviewed the final plat
and submitted comments to the applicanYs surveyor.
F. After the City and County have reviewed the final plat, submit two mylar copies of the final
plat for City Engineer signature (for �artitions), 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 wi any� su_ppo� rting ocuments
and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal
the required information is found:
22. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
23. 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 utilify improvements are
substantially completed, and 4) all street lights are installed and ready to be energized. (N�TE:
the City apart from this condition, and in accordance with the City's model home policy may issue
model home permits).
24. 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).
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 e Histo :
e property is designated Medium-Density Residential on the Tigard Comprehensive Plan and Zoning
Map. A sear�h of city records found no previous land use approvals associated with this parcel.
Site Information and Pro osal Descri tions
e app ican is requesting approva to create a finro-lot partition on a 0.3 acre parcel. This partition will
create Parcel #1 with approximately 5,371 square feet and Parcel #2 with 7,205 square feet. There is
an existing single-family home on proposed parcel.#1 and the applicant is proposing to build a duplex on
parcel #2. The applicant has applied for finro vanances to the front yard setback of parcel #1 and the
adJ'oining parcel to the east which has been included in this application for a shared access.
Adjustments have been proposed for driveway spacing along a collector and from an arterial
intersection.
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 4 OF 21
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SECTION IV. PUBLIC COMMENTS
Notification was sent to all property owners within 500 feet of the subject site. No comments were
received.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
Variance and Ad'ustments: 18.370
e irector s a approve, ap�rove with conditions, or deny an application for a variance based
on finding that the following criteria are satisfied:
A variance has been requested to reduce the required 20-foot front yard setback of tax lot 4200 to six
and a half feet. The applicant is also req uesting the 20-foot front yard setback of tax lot 4300 be
reduced to one foot. The reasoning behind the variance is due to the required 20 feet of right-of-way
dedication needed alon the entire frontage of tax lot 4200 and the 10-foot dedication along tax lot
4300's frontage with a 1�-foot right-of-way reserve strip.
The proposed variance will not be materially detrimental to the purposes of this title, to any other
applicable policies and standards, and to ofher properties in the same zoning district or vicinity;
The proposed variance is needed to develop the subJ�ect site while maintaining the single-family use that
is associated with the existing homes on tax lots 4200 and 4300. The proposed variance will not affect
abutting properties.
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 proposed application requires a dedication of right-of-way which places the right-of-way within the
required setback. The required right-of-way dedication is out of the applicant's control. There is no
alternative other than destroying the existing homes on the associated parcels. The subject homes are
the only homes that face and take access from SW Greenburg Road in the R-12 zone. Therefore, the
standard from which the applicant wishes to deviate from is not applicable to other properties in the
same zoning district.
The use proposed will be the same as permitted under this title and City standards will be
maintained to the greatest extent that is reasonably possible while permitting reasonable
economic use of the land;
The use associated with the structures from which the variance is applied is single-family residential.
The requested variance will not change the use of the single-family homes.
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
No.physical or natural system will be affected as a result of the requested variance. The requested
variance is to front yard setbacks, which are specific to the finro tax lots.
The hardship is not self-imposed and the variance requested is the minimum variance which
would alleviate the hardship.
The proposed variance was not created by a self imposed hardship. As mentioned above, the
single-family homes located on the effected tax lots are the only homes within the R-12 zone that abut
SW Greenburg Road. The requested variance is truly the least needed to alleviate the hardship.
FINDING: Based on the analysis above, the criteria for a Variance have been met.
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 5 OF 21
A_�d'ustment to access and eqress standards (Chapter 18.7051.
The Direc or may approve, ap�rove wi i�conc�itions, or eny a request for an ad�ustment from
the access requirements contained in Chapter 18.705, based on the following criteria:
The applicant has requested the following adjustments to the standards within the Chapter 18.705
(Access, Egress and Circulation):
• Driveway Width: (reduce the required 20 feet to 15 feet with 10 feet of pavement)
• Driveway setback from arterial intersection: ( reduce the required 600 feet to 592 feet)
. Driveway spacing on an arterial: (reduce the required 150 feet to 95 feet)
(1) It is not possible to share access;
The applicant has proposed to combine two of the three existing driveways at a reduced width accessing
tax lots 4200 and 4300. Reducing the number of driveways accessing SW Greenburg Road, improves
safety.
(2) There are no other alternative access points on the street in question or from another street;
There is no other alternative access point to the sub1�ect site. The site is surrounded by existing
development and there is no other access point that will alleviate the adjustment to the spacing
standards or enough property to accommodate the proper access width.
(3) The access separation requirement�s cannot be met;
The two subject properties together have a total of 190 feet of frontage. The applicant has proposed the
new access to the rear du�lex to be a total of 100 feet from the access to the east. There is no other
location on the site that will meet the access separation requirements along a collector. The applicant
has closed an existing access point on tax lot 4300, which did create a greater separation between
access points. This criterion is satisfied.
(4) The request is the minimum adjustment required to provide adequate access;
Due to the location of the subject site in relation to the intersection of SW Pacific Hwy, and SW
Greenburg Road and the existing development surrounding the site, the requested adjustments are the
least need to provide adequate access.
(5) The approved access or access approved with conditions will result in a safe access; and
The approved access will meet sight distance, and combining two of the three driveways will create a
safer access onto SW Greenburg Road. Tualatin Valley Fire and Rescue has reviewed the proposed
partition as well as the Tigard.Police Department. Neither agency has deemed the proposed access
width or location a safety hazard. Therefore, this standard is satisfied.
(6) The visual clearance requirements of Chapter 18.795 will be met
Visual clearance will be assured by the provisions of Chapter 18.795. There are no indications from the
evidence submitted that such visual clearance is not obtainable.
FINDING: Based on the analysis above, the criteria for the requested adjustments have been satisfied.
Land Partitions (18.4201:
The proposed partition complies with all statutory and ordinance requirements and regulations;
The proposed partition complies or can be made to comply with all statutory and ordinance requirements
and regulations as demonstrated by the analysis contained within this administrative decision and
through the imposition of conditions of development approval. All necessary conditions must be satisfied
as part of the development and building process. Therefore, this criterion is met.
There are adequate public facilities available to serve the proposal;
NOTICE OF DECISION MLP2005-0OOQ3 WELSH PARTITION PAGE 6 OF 21
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 im rovements are discussed and conditioned as applicable later in
this decision under Chapter 18.810 �Street & Utility Improvement Standards). Improvements will be
reviewed as part of the permit process and dunng 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
There is no minimum lot width in the R-12 zoning district. However, proposed parcel #1 and #2 are 70
feet in width.
The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the
accessway may not be included in the lot area.
The minimum lot area requirement in the R-12 zoning district is 3,050 sq uare feet for detached
sin�le-family units. The proposed partition creates two (2) lots that are 5,371 (Lot #1) and 7,205
(Lo #2) square feet respectively. This criterion has been satisfied.
Each lot created through the partition process shall front a public right-of-way by at least 15 feet
or have a legally recorded minimum 15-foot wide access easement
The proposed partition plat illustrates that parcel #1 will have approximately 70 feet of frontage on SW
Greenburg Road. Proposed parcel #2 will have 15 feet of frontage on SW Greenburg Road. Therefore,
this standard has been satisfied.
Setbacks shall be as required by the applicable zoning district
Setbacks for the R-12 zoning district are as follows: front, 15 feet; side, 5 feet; and rear, 15 feet. The
existing home on Proposed parcel #1 has a front yard setback of 6 feet, side, 6 feet, rear, 21 feet. The
reduced front yard setback is addressed above under 18.370 (Variances and Adjustments). Setbacks
for the future homes will be reviewed at time of building perm�t. Therefore, this standard has been
satisfied.
When the partitioned lot is a flag lot, the developer may determine the location of the front yard,
provided that no side yard is less than 10 feet Structures shall generally be located so as to
maximize separation from exist�ng structures.
Proposed parcel two is a flag lot. However, the applicant has not proposed an altemative front yard.
Therefore, the proposed duplex is onlx required to provide a five foot setback. The applicant has shown
a six foot setback. This criterion is satisfied.
A screen shall be provided along the properiy line of a lot of record where the paved drive in an
accessway is located within ten feet of an ai�uiting lot in accordance with Sections 18.745.040.
Screening may.also be required to maintain privacy for abutting lots and to provide usable
outdoor recreation areas for proposed development.
The access to proposed parcel #2 straddles the common property line of tax lot 4200 and 4300.
� Therefore, the proposed access is not within ten feet of an abutting parcel. This standard does not
apply.
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.
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 7 OF 21
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The nearest fire hydrant is approximately 215 west of the proposed access drive to parcel #2. Tualatin
Valley Fire and Rescue has reviewed the proposal and has not conditioned another fire hydrant.
Therefore, no additional fire hydrants will be required with this partition.
Where a common drive is to be provided to serve more than one lot, a reciprocal easement
which will ensure access and maintenance rights shall be recorded with the approved partition
map.
The driveway to proposed parcel #2 will also serve the existing home on parcel #1. The applicant has
proposed a reciprocal access easement to be recorded. Therefore, this standard has been satisf'ied.
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 cons�deration of the dedication of sufficient open land area for
greenway ad�oining and within the floodplain. This area shall include portions at a suitable
elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan.
The partitioned lots are not within nor adjacent to a one-hundred-year floodplain. Therefore, this
standard does not apply.
An application for a variance to the standards prescribed in this chapter shall be made in
accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition
and variance(s)/adjustment(s) will be processed concurrenfly.
The applicant has applied for variances and adjustments, which have been addressed above, under
18.370 (Variances and Ad�ustments).
FINDING: Based on the analysis above, the Land Partition standards have been met.
Residential Zoninq Districts (18.510�
eve opmen s n ar s in resi en 'a zoning districts are contained in Table 18.510.2 below:
TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDAF�Q e. - " R-12
Minimum LotSize
-Detached unit 3,050 sq.ft.
-Duplexes
-Attached unit
Average Minimum Lot Width
-Detached unit lots None
-Duplex lots
-Attached unit lots
Maximum Lot Covera e 80%
Minimum Setbacks
-Front yard 15 ft.
-Side facing street on comer 8�through lots 10 ft.
-Side yard 5 ft.
-Rear yard 15 ft.
-Side or rear yard abutting more restrictive zoning district 30 ft.
-Distance between property line and front of garage 20 ft.
Maximum Hei ht 35 ft.
Minimum Landscape Requirement 20°/a
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 8 OF 21
The proposed lots range in size from 5,371 square feet to 7,205 square feet. The applicant applied to
vary the setbacks of the base zone, and building height requirements will be reviewed during the building
permit review process. Therefore, this section is satisfied.
FINDING: Based on the analysis above, the residential zoning district dimensional standards are
satisfied.
Access, Eqress and Circulation (18.705):
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.
Access shall be continually maintained. Therefore, this standard has been satisfied.
Access Manaqement(Section 18.705.030.H)
ec ion . . . s tes t a 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 did not address this section as requested during the application completeness process.
The applicanYs engineer shall provide preliminary sight distance certification for the proposed shared
access alon� with a list of improvements required to achieve adequate sight distance. This shall be
submitted with the PFI permit application. Upon completion of the improvements, the applicant's
engineer shall submit final sight distance certification.
Section 18.705.030.H.2 states that driveways shall not be permitted to be Qlaced in the influence
area of collector or arterial street intersect�ons. 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 drivewa�. The setback may be
�reater depending upon the �nfluence area, as determined from City Engineer review of a traffic
�mpact re�ort submitted by the applicant's traffic engineer. In a case where a project has less
than 150 feet of street frontage, the applicant must explore any option for shared access with the
adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far
from the intersection as possible.
There are currently 3 driveways that serve tax lots 4200 &4300. The applicant is proposing to close two
of the existing driveways, leaving the eastern most driveway, and providing a shared driveway between
the two�arcels. The proposed driveway is only about 130 feet from the intersection of Greenburg Road
and 90t Avenue. The lot frontage is only 70 feet wide. The applicant has proposed both a shared
driveway and that the driveway be placed as far from the intersection as possible, thereby meeting this
criterion.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a
collector shall be 200 feet The minimum spacing of driveways and streets along an arterial shall
be 600 feet. The minimum spacing of local streefs along a local street shall be 125 feet
Greenburg Road is an Arterial on the City of Tigard's Transportation System Plan. The applicant has
requested an adjustment to the spacing standard of 600 feet. There is no possible way to meet the
standard and still be provided with an access to the proposed development: The applicant has
proposed a shared driveway with Tax Lot 4300. This eliminates two existing driveways, reducing the
three existing driveways to two driveways.
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 �oint use; and copies of the deeds, easements, leases or contracts
are placed on permanent file with the City.
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 9 OF 21
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Joint access has been proposed between tax lot 4200 and the proposed parcel. The applicant has
indicated that a joint access easement will be submitted to the City for review. Therefore, this standard
has been satisfied.
Public street access. All vehicular access and egress as required in Sections 18.705.030H and
18.705.0301 shall connect directly with a public or private street approved.by the City for public
use and shall be maintained at the required standards on a continuous basis.
The proposed parcels will have access to SW Greenburg Road. 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.
Tualatin Valley Fire and Rescue has reviewed the proposal and offered comments. However, there was
no mention of the proposed access drive. Therefore, this standard has been satisfied.
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%.
The access drive to proposed parcel #2 is approximately 75 feet in length. 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.
Staff does not foresee any need to restrict the location of access on the proposed parcels.
FINDfNG: Based on the analysis above, the Access, Egress and Circulation standards have been
met.
Density Computations (18.715):
A. Definition of net development area. Net development area, in acres� shall be determined
by subtracting the followin land area(s) from the gross acres, which is all of the land
included in the legal descrip�ion of the property to be developed:
1. All sensitive land areas
2. All land dedicated to the public for park purposes;
3. All land dedicated for pu6lic ri hts-of-way.
4. All land proposed for private s�reets• and
5. A lot of at least the size required by�he 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
residentiaf units per net acre, divide the number of squ� are feet in the net acres by the
minimum number of square feet required for each lot in the applicable zoning district
C. Calculating minimum number of residential units. As required by Section 18.510.040, the
minimum number of residential units per net acre shall be calculated b multiplying the
maximum number of units determined in Subsection B above by 80% (0.8�
The standards for density computation provide for the intensity of residential land uses, usually stated
as the number of housing units per acre. The total square footage of the subject property is 12,576
square feet. However, to determine the net developable area, 3,481 square feet is subtracted for the
existing house on parcel #1, and 1,400 square feet is subtracted for nght-of-way dedication and 490
square feet is subtracted for the access easement to proposed parcel #2. This results in a net
developable area of 7,205 square feet. As the minimum lot size for the R-12 zone is 3,050 square
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 10 OF 21
feet, the maximum number of additional residential units is two (2). The minimum number of
residential units is one (1). The applicant is proposing a duplex, which is considered two additional
units. Therefore, the density for the subject property has been met.
FINDING: Based on the analysis above, the Density Computation Standards have been met.
Landscapinq and Screeninq (18.7451:
Bufferin and Screenin : 18.745.050
u er consists o an area wit in a required setback adjacent to a property line and having a
depth equal to the amount specified in the buffering and screening matrix and containing a
length equal to the length of the property line of the abutting use or uses;
Proposed parcel #2 abuts a single-family residence at the northwest property line and a C-P zone at the
northeast property line. The applicant is proposing a duplex to be located on parcel #2. The applicant
has shown a 10-foot buffer to the northwest, planted with lawn which is consistent with the required "A"
buffering standard of the buffering matrix. The applicant has shown a ten foot buffer along the northeast
property Ime that consists of Oregon Grape, planted to form a hedge. The applicant has also shown
Leyland Cypress to be planted within the buffer, which is consistent with the required "C" buffering
standard of the buffering matnx. Therefore, this standard is satisfied.
A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and
landscaping. No buildings, accessways or parkin� areas shall be allowed in a buffer area except
where an accessway has been approved by the City;
notpppy�cant has not proposed to place anything in the required buffers. Therefore, this standard does
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 10� feet in fength approved after the adoption of this title shall be
required to plant street trees in accordance with the standards in Section 18.745.040C.
This proposed project has frontage on SW Greenburg Road. The applicant has indicated that street
trees will be planted; however, there is no mention as to the type of tree being used. Therefore, the
applicant is required to provide information regarding the type of tree to be used as street trees.
FINDING: Based on the analysis above, the Landscaping standards have not been fully met.
However, if the applicant complies with the condition below, the Landscaping standards
will be met.
CONDITIONS:
. Provide information regarding the type of tree to be used as street trees.
. Follow guidelines of the City Forester as outlined under Section VI (Other Staff
Comments).
Off-Street Parking and Loadinq Repuirements (18.7651:
apter .T63;Ta�ie��7b`53 requires t ���ing�e�amily residences be provided with one (1)
off-street parking space for each dwelling unit.
The applicant has proposed an off-street parking area for the pro osed parcels that consists of three
parking stalls. According to the parking matrix of Chapter 18.765 �Off-Street Parking) only one parking
stall is required per residence when the residence is either a detached single-family home or a duplex.
However, the applicant will be required to provide an access and maintenance agreement regarding the
use and upkeep of the proposed parking area.
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 11 OF 21
FINDING: Based on the analysis above, the Landscaping standards have not been fully met.
However, if the applicant complies with the condition below, the Off-Street Parking and
Loading standards will be met.
CONDITION: Provide an access and maintenance agreement regarding the use and upkeep of the
proposed parking area.
Tree Removal (18.790):
A ree p an�or e p anting, removal and protection of trees prepared by a certified arborist shall
be provided for any lot„ parcel or combination of lots or parcels for which a development
application for a subdivision, partition site development review, planned development or
conditional use is filed. Protection is pre�erred over removal wherever possible.
There is one 52 inch Willow tree located on-site. The a plicant has roposed to remove the tree and
mitigate 100 percent of the inches. A mitigation plan has been submitted by the applicant showing ten
buffer trees to be planted at 3.5 inches instead of the required two inches. The applicant.has also shown
an additional eleven trees planted on-site at 3.5 inches. Therefore, the applicant is planting 53.5 inches
of mitigation. Therefore, the mitigation requirements have been satisfied. Additional comments and
conditions from the City's Arborist can be found under Section VI. (Qther Staff Comments).
FINDING: Based on the analysis above, the Tree Removal Standards have not been met.
CONDITION: Prior to commencing site work, the a plicant shall submit a cash assurance for $6,687
(53.5 mitigation inches x $125 per inch� which will be held for two years, at such time the
developer will contact the City's Arborist to verify survival. Once the City's Arborist is
satisfied, the City will release the assurance.
Visual Clearance Areas 18.795 :
�is ap r requires a a c ear vision area shall be maintained on the corners of all property
adjacent to intersect�ng 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
obstruct�ons 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 be7ow eight (8)
feet are removed. A visuaf clearance area is the triangular area formed by measuring from the
corner, 30-feet along the right of way and along the driveway and connect�ng these finro points
with a straight line.
According to the applicant, there are no proposed obstructions that would reduce proper sight distance.
A clear vision area will be maintained at the corners of the proposed driveway to the rear lot (proposed
lot #2) as shown in exhibit D, Sight DistanceNisual clearance sketch and calculations submitted by the
applicant.
FINDING: Based on the analysis above, the Visual Clearance standards have been met.
PUBLIC FACILITY CONCERNS
Street And Utility Improvements Standards (Section 18.810�
ap er . provides cons ruc ion s n ar s or t e implementation of public and private
facilities and ut�lities 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.
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 12 OF 21
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires an Arterial street to
have a 100 foot right-of-way width and 72-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 ad1�acent to SW Greenburg Road, which is classified as an Arterial on the City of Tigard
Transportation Plan Map. At present, there is approximately 30 feet of ROW from centerline, according
to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 50
feet from centerline.
Because the applicant owns both parcels and is proposing a shared access driveway over both parcels,
the applicant must also dedicate a minimum of 10 feet of ROW and a 10 foot wide reserve strip of ROW
along the frontage of Tax Lot 4300.
SW Greenburg Road is currently partially improved. In order to mitigate the impact from this
development, tl�e applicant should remove two existing driveways, replace with standard curb and
gutter, construct the shared driveway apron, install street trees and enter into a restrictive covenant for
future street improvements for both Tax Lots 4200 &4300.
Future Street Plan and Extension of Streets: Section 18.810.030.F states that a future street plan
shall be filed which shows the pattern of existing and proposed future streets from the
boundaries of the proposed land division. This section also states that where it is necessary to
give access or permit a satisfactory future division of adjoining land, streets shall be extended to
fhe boundary lines of the tract to be developed and a barricade shall be constructed at the end of
the street These street stubs to adjoining properties are not considered to be cul-de-sacs since
they are intended to continue as through streets at such time as the adjoining property is
developed. A barricade shall be constructed at the end of the street by the property owners
which shall not be removed until authorized by the City Engineer, the cost of which shall be
included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-
sac bulbs shall be constructed for stub streets in excess of 150 feet in length.
Due to existing development there are no opportunities for future street extensions.
Street Alignment and Connections:
Section 1$.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 exist�ng 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, nei�hborhood 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.
Due to existing development, street configuration and street spacing standards along an
Arterial there are no connection of extension opportunities.
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:
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 13 OF 21
• Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre-existing development or;
. For blocks adjacent to arterial streets, limited access highways, major collectors or
railroads.
. For non-residential blocks in which internal public circulation provides equivalent access.
No blocks will be created as a result of the proposed partition. Therefore, this standard does not apply.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements
or right-of-ways shall be provided when full street connection is not possible. Spacing between
connections shall be no more than 330 feet, except where �recluded by environmental or
topographical constraints, existing development patterns, or strict adherence to other standards
in the code.
There are no new streets associated with this application. Therefore, this standard does not apply.
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times
the average lot width, unless the parcel is less than 1.5 tames the minimum lot size of the
applicable zoning district
No lot will have a depth more than 2.5 times the average width. Therefore, this standard is satisfied.
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 parcel (parcel #2) will have 15 feet of frontage on to SW Greenburg Road. Parcel #1 will
have 70 feet of frontage, and the parcel to the east of the subject parcel will have 120 feet of frontage.
Therefore, this standard is satisfied.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design
standards and be located on both sides of arterial, collector and local residential streets. Private
streets and industrial streets shall have sidewalks on at least one side.
The applicant will enter into a restrictive covenant for future street improvements along the frontage of
Tax Lots 4200 & 4300. The street improvements will include a public sidewalk, thereby meeting this
criterion.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construct�on 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
considerat�on of additional development within the area as projected by the Comprehensive
Plan.
The applicant has proposed a public sewer line extension to serve the two existing homes and the
proposed duplex.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make adequate provisions for
storm water and flood water runoff.
Accommodation of U pstream Drainage: Section 18.810.100.0 states that a culvert or other
drainage facility shall be large enough to accommodate potential runoff from its entire upstream
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 14 OF 21
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
draina�e facility, the Director and Engineer shall withhold approval of the development until
provisions have been made for improvement of the potential condition or until prov�sions have
been made for storage of additional runoff caused by the development in accordance with the
Design and Construction Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno
Creek Watershed Management Plan. Section V of that plan includes a recommendation that local
governments institute a sformwater detention/effective impervious area reduction program resulting in no
net increase in storm peak flows up to the 25-year event. The City will require that all new developments
resulting in an increase of impervious surfaces provide onsite detention facilities, unless the
development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the
storm water runoff will be permitted to discharge without detention.
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 detention facility to accommodate 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.
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.
Greenburg Road is a designated bicycle facility. The restrictive covenant for half-street improvements
will include bicycle lanes, thereby meeting this criterion.
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 cabmets 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 uncrerground 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 under round will serve the development and the
approval authority determines that the cost and �echnical difficulty of under-g rounding the
utilities outweighs the benefit of under-grounding in conjunction with the development The
determination shall be on a case-by-case basis. The most commonr 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
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 15 OF 21
are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of
under-grounding.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
Public Water S stem:
e ua atm a ey ater District (TVWD) provides service in this area. The applicant shall submit
plans to TVWD for review and approval of the new water service(s). The applicant shall provide the City
with copies of the ll/WD approval pnor to issuance of the PFI permit.
Storm Water Quality:
e ity as agree to enforce Surtace Water Management (SWM) regulations established by
Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and
Order No. 00-7) which require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm
water runoff generated from newly created impervious surfaces. In addition, a maintenance plan
shall be submitted indicating the frequency and method to be used in keeping the facility
maintained through the year.
The CWS standards include a provision that would exclude small projects such as residential land
partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of
the storm water from 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.
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, cleariny, and any other activity whicFi
accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control
plan for City review and approval prior to issuance of City permits.
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System
(NPDES) erosion control permit be issued for any development that will disturb one or more acre
of land. Since this site is over five acres, the developer will be required to obtain an NPDES
permit from the City prior to construction. This permit will be issued along with the site and/or
building permit.
Address Assi nments:
e i y o igar is responsible for assigning addresses for parcels within the City of Tigard and within
the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address shall be
assessed. This fee shall be paid to the City prior to final plat approval.
The developer will also be required to provide signage at the entrance of each shared flag lot driveway
or private street that lists the addresses that are served by the given driveway or street. This will assist
emergency services personnel to more easily find a particular home.
Surve Re uirements:
e app ican s ina p a 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 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
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 16 OF 21
State Plane Coordinates, referenced to NAD 83 (91).
Im act Studv 1� 8•390)
ec ion . 60 090 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 ap�licant 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 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 thatwhen 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. Any req uired street im rovements to certain collector or
higher volume streets and the Washington County Traffc Impact.Fee �TIF) are mitigation measures that
are required at the time of development. Based on a transportation impact study prepared by Mr. David
Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of
the traffic impact of new development on the Collector and Arterial Street system. The total TIF for a
single-family dwelling is $2,690 per unit.
Based on the estimate that total TIF fees cover 32 perce.nt of the impact on major street improvements
citywide, the TIF fee is $5,380($2,690 times two new units). Based on the estimate that total TIF fees
cover 32 percent of the impact on ma or street improvements citywide, a fee that would cover 100
percent of this pro)'ects traffic impact is �16,812($5,380 divided by .32). Given that the estimated cost of
the dedication and half-street improvements is $11,432 the value of these improvements is less than the
value of the unmitigated impacts. The difference between the TIF paid, and the full impact, is
considered the unmitigated impact on the street system $38,570($570 (R-O-W Dedication) + $38,000
(1/2 street Improvements). The exactions are proportionate.
SECTION VI. OTHER STAFF COMMENTS
City of Tigard Public Works Department has reviewed the proposal and has no objections to it.
City of Tigard Police Department has reviewed the proposal and has no objections to it.
City of Tigard Building Department has reviewed the proposal and has no objections to it.
City of Tigard Forester has reviewed the proposal and has offered the following comments:
LANDSCAPING AND SCREENING
18.745.030.C. Installation Requirements The installation of all landscaping shall be as follows:
All landscaping shall be installed according to accepted planting procedures. 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 ofher future revisions); and
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
guidp lines as well as t�he standards set forth in the American Institute of Architects' Architectural
Gra hic Standards, 10 edition. In the Architectural Graphic Standards there are guidelines fo�
selecting and planting trees based on the soil volume and size at maturitv. Additionally, there are
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 17 OF 21
directions for soil amendments and modifications.
In order to develop tree species diversity onsite it is recommended that the following guidelines be
followed:
No more than 30% of any one family be planted onsite.
No more than 20% of any one genus be planted onsite.
No more than 10% of any one species be planted onsite.
18.745.030.E Protection of Existin Landsca in . Existing vegetation on a site shall be
pro ec e as muc as possi e:
The developer shall provide methods for the protection of existing vegetation to remain during
the construction process; and 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 A roval of Existin Ve etation. The review procedures and
s n ar s or require an scaping an screening s a e 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
ro ec ion o existin ve etation. All development projects fronting on a public street,
priva e street or a private riveway more than 100 feet in length approved after the adoption of
th�s 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 fo�th by the International Society of Arboriculture (ISA) tree planting
�uidelines as well as e standards set forth in the American Institute of Architects' Architectural
raphic Standards, 10�h 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:
No more than 30% of any one family be planted onsite.
No more than 20% of any one genus be planted onsite.
No more than 10% of any one species be planted onsite.
2. TREE REMOVAL
18.790.030, Tree Plan Requirement
A. Tree lan re uired. A tree plan for the planting, removal and protection of trees
prepare y a certi ie ar orist 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 re uirements. The tree plan shall include the followin�:
1. en i ica ion o e location, size and species of all existing trees including t�ees
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
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 18 OF 21
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 af�er construction.
As required, the applicant .submitted a tree plan that was conducted by a certified arborist, Dave
Halstead. The report contains the four required components, and, is therefore, acceptable.
There is a discrepancy in the plans where the Landscape Legend on Sheet 9 of 9 indicates that the
mitigation trees will be planted 10 feet on center, but the drawing right next to the legend.indicates the
spacing will be 15 feet on center. I have attached a copy of my guidelines for planting mitigation trees
on private property. These trees should not be planted any closer than 20 feet on center.
The applicant should not be allowed to plant Leyland cypress as mitigation trees. I suggest the
developer plant.bi leaf maple, Douglas fir, Oregon ash or western red cedar as miti�ation tree
species. As indica�ed on the Landscape Plan, Leyland cypress is not native to Oregon since it is a
hybrid cross between the Monterey cypress and the Alaskan cedar.
I suggest planting native species of trees as some or all of the 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.
SECTION VII. AGENCY COMMENTS
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments:
FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access
roa s s a e wi in eet o a portions o t e extenor wa o t e irs story o e uilding as
measured by an approved route around the exterior of the building. An approved turnaround is
required if the remaming distance to an approved intersecting roadway, as measured along the fire
apparatus access road, is greater than 150 feet.
This condition is satisfied.
DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be
provi e wi an approved turnaround.
No turnaround is required based on the length of the access roadway.
FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION:
en ui ings are comp e e y pro ec e wit an approve au oma ic ire sprin er sys em, e
requirements for fire apparatus access may be modified as approved by the fire code official.
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 19 OF 21
FIRE APPARATUS ACCESS ROAD WIDTH AND VERTICAL CLEARANCE: Fire apparatus
access roa s s a ave an uno s ructe wi t o no ess t an ee eet or up to finro dwell�ng
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. 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.
Parking shal!not be allowed along the access roadway.
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
supporting such loading.
TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 28
ee an ee respectively, measured from the same center point.
GATES: Gates securing fire apparatus roads shall comply with all of the following:
:IDlinimum unobstructed width shall be 16 feet, or finro 10 foot sections with a center post or
island.
• Gates serving one- or two-family dwellings shall be a minimum of 12 feet in width.
. Gates shall be set back at minimum of 30 feet from the intersecting roadway.
. Gates shall be of the swinging or sliding type
• Manual operation shall be capable by one person
• Electric gates shall be equipped with a means for operation by fire department personnel
• Locking devices shall be approved.
SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for
sing e ami y we ings an up exes serve y a municipa water supply shall be 1,000 gallons per
minute. If the structure s) is (are) 3,600 square feet or larger, the required fire flow shall be
determined according to I�C Appendix B.
FIRE HYDRANTS – ONE- AND TWO-FAMILY DWELLINGS 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. .
The existing fire hydrant located on Greenburg Rd. is acceptable to satisfy this requirement
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.
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice: Notice was mailed to:
X The applicant and owners
—� Owner of record within the required distance
� Affected govemment agencies
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 20 OF 21
Final Decision:
THIS DECISION IS FINAL ON SEPTEMBER 29, 2005 AND BECOMES
EFFECTIVE ON OCT�BER 14, 2005 UNLESS AN APPEAL IS FILED.
A��� eal:
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may
appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development
Code which provides that a written appeal together with the required fee shall be filed with the Director
within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule
and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard,
Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning. issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that
may be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON OCTOBER 13, 2005.
Questions:
yoT�i�ave any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503) 639�171.
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NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 21 OF 21
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• f:nmmunity Development Plot date:Aug 8,2005;C:�rnagicWIAGIC03.APR
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2005-00003 CITYOFTIGARD
WELSH PARTITION Community I�evelopment
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SECTION I. APPLICATION SUMMARY
FILE NAME: WELSH PARTITION
FILE NOS: Minor Land Partition (MLP) MLP2005-00003
Variance (VAR VAR2005-00012
Adjustment V�R VAR2005-00013
Ad�ustment VAR VAR2005-00014
Ad�ustment VAR VAR2005-00015
Variance (V R) VAR2005-00072
PROPOSAL: The applicant is requesting approval to perForm a two-lot partition on a 0.3 acre
parcel. This partition will create Parcel #1 with approximately 5,371 square feet,
Parcel #2 with 7,205 s uare feet. There is an existing single-famil home on
proposed parcel #1 anda he applicant is proposing to buiid a duplex on proposed
parcel #2. The applicant has applied for two variances to the front yard setback of
parcel #1 and the adjoining parcel to the east (tax lot 4300) which has been
included in this application for a shared access. Adjustments have been proposed
for driveway spacing along a collector and from an arterial intersection.
APPLICANT/ Pathfinders Mortgage, Inc. APPLICANT'S Consulting Resources, Inc.
OWNER: Attn: Vic Welsh REP.: Attn: Randy Lytle, PE
20055 SW Pacific Highway, Suite 105 308 Pinehurst Drive
Sherwood, OR 97140 Newberg, OR 97132
ZONING
DESIGNATION: R-12 Medium Densit Residential. The R-12 zoning district is designed to
accommo ate a u range o ousing types at a minimum lot size of 3,050
square feet. A wide range of civic and institutional uses are also permitted
conditionally.
LOCATION: 11830 and 11850 SW Greenburg Road; WCTM 1S135DD Tax Lot, 4200 and
4300.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscapin and
Screenin ); 18.765 (O�F-Street parking and Loading Requirements); 18.790 �Tree
Removal�; 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility
Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in the full decision, available at City Hall.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
All documents and applicable criteria in the above-noted file are available for inspection at no cost or
copies can be obtained for twenty-five cents (25G) per page, or the current rate charged for copies at the
time of the request.
SECTION III. PROCEDURE AND APPEAL INFORMATION
Notice:
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 SEPTEMBER 29, 2005 AND BECOMES
EFFECTIVE ON OCTOBER 14, 2005 UNLESS AN APPEAL IS FILED.
�A �eal:
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversel�r affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may
appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community
Development Code which provides that a written appeal together with the required fee shall be filed
with the Director within ten (10) business days of the date the Notice of Decision was mailed. The
appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, subject to any additional rules of procedure that
may be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON OCTOBER 13, 2005.
Questions:
oF r u�r information please contact the Planning Division Staff Planner, Mathew Scheide er at
(503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon .
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NO i ICE TO MORTGAGEE, UENHOLC. ,VENDOR OR SELLER:
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY�FORWARDED TO THE PURCHASER.
NOTICE OF PENDING LAND USE APPLICATION CITYOFTIOARD
MINOR LAHD PARTITION s�°��A B t��o�ty
DATE OF NOTICE: August 8, 2005
FILE NUMBER: MINOR LAND PARTITION (MLP) 2005-00003
VARIANCE AR 2005-00012
ADJUSTME�T AR 2005-00013
. . ADJUSTMENT AR 2005-00014
ADJUSTMENT AR 2005-00015
ADJUSTMENT AR 2005-00072
FILE NAME: WELSH PARTITION
PROPOSAL: The applicant is requesting approval to perform a two-lot Minor Land Partition on a 0.3 acre
parcel. This partition will create Parcel #1 with approximately 5,371 square feet and Parcel
#2 with 7,205 square feet. There is an existing single-family home on proposed Parcel #1
and the applicant is proposing to build a duplex on Parcel #2. The applicant has applied for
two Variances to the front yard setback of Parcel #1 and the adjoining parcel to the east
which has been included in this application for a shared access. Adjustments have been
proposed for driveway spacing along a collector and from an arterial intersection.
ZONE: R-12: Medium-Density Residential. The R-12 zoning district is designed to accommodate
a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of
civic and institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715,
18.725, 18.745, 18.765, 18.790, 18.795 and 18.810.
LOCATION: 11830 and 11850 SW Greenburg Road; WCTM 1S135DD, Tax Lots 4200 and 4300.
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS:
Prior to the City making any decision on the Application, you are hereby provided a fourteen (14) day period to
submit written comments on the application to the City. THE FOURTEEN (14) DAY PERIOD ENDS AT
All comments should be directed to Mathew Scheideqqer, Associate Planner in
the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the
City of Tigard by telephone at 503-639-4171 or by email to MattsCa�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 TD 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 IF YOU PROVIDE COMMENTS, YOU WILL BE
SENT A COPY OF THE FULL DECISI�N 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 "Ap� ble Review Criteria" described in section above or any other criteria
believed to be applicable to i,��s 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 reJevant 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 CRtTERIA. BASED
UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIREC�OR SHALL APPROVE, APPROVE WITH
CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION.
SUMMARY OF THE DECISION-MAKING PROCESS:
. The application is accepted by the City
. Notice is sent to property owners of record within 500 feet of the proposed development area allowing a
14-day written comment period.
. The application is reviewed by City Staff and affected agencies.
. City Staff issues a written decision.
. Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all
owners of record of property located within 500 feet of the site, as shown on the most recent property tax
assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any
governmental agency which is entitled to notice under an intergovernmental agreement entered into with the
City which includes provision for such notice or anyone who is otherwise entitled to such notice.
INFORMATION/EVIDENCE AVAILABLE FOR REVIEW:
The application, written comments and supporting documents relied upon by the Director to make this decision are
contained within the record and are available for public review at the City of Tigard Community Development
Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this
service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of
this Notice under the section titled "Your Right to Provide Written Comments."
........,.,................
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REQUEST FOR COMMENt� CITYOFTIOARD
Community�DeveCopment
S(tapingA BetterCommunity
DATE: August 8,2005
T0: Mark Yandomelen,Residentlal Plans Examiner
FROM: City of Tigard Planning Division
STAFF CONTACT: Mathew Scheidegger,Associate Planner[x24311
Phone: [5031639-4111/Fax: [503]684-129)
➢ WELSH PARTITION Q
MINOR LAND PARTITION (MLP) 2005-000031VARIANCE (VAR) 2005-00012/
ADJUSTMENTS (VAR) 2005-000013, 14, 15 & 72
REQUEST: The applicant is requesting approval to perForm a two-lot Minor Land Partition on a 0.3 acre
parcel. This partition will create Parcel #1 with approximately 5,371 square feet and Parcel #2 with
7,205 square feet. There is an existing single-family home on proposed Parcel #1 and the applicant is
proposing to build a duplex on Parcel #2. The applicant has applied for finro Variances to the front yard
setback of Parcel #1 and the adjoining parcel to the east which has been included in this application for
a shared access. Adjustments have been proposed for driveway spacing along a collector and from an
arterial intersection. LOCATION: 11830 and 11850 SW Greenburg Road; WCTM 1S135DD, Tax Lots
4200 and 4300. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential District.
ZONE: R-12: The R-12 zoning district is designed to accommodate a full range of housing types at a
minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted
conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370,
18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 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: AUGUST 22, 2005. You may use the space provided below or attach a separate letter to return your
comments. If vou are unable to respond bv the above date, please phone the staff contact noted above with your comments
and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Division, 13125
SW Hall Blvd., Tigard, OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
,� We have reviewed the proposal and have no objections to it.
_ Please contact of our office.
_ Please refer to the enclosed letter.
_ Written comments provided below:
Name 8� Number of Person Commenting:
l`�R v
REQUEST FOR COMMENI� CITY OF TIOARD
('ommunity I�eveCopment
ShapingA�etter Community
DATE: August 8,2005
T0: Rob Murchison,Public Works Prolect Engineer
FROM: Cit�of f9ard Plannin9 Di�ision
STAFF CONTACT: Mathew Scheidegger,Associate Planner[x243n
Phone: [5031639-4111/Fax: [5031684-1291
➢ WELSH PARTITION Q
MINOR LAND PARTITION (MLP) 2005-000031VARIANCE (VAR) 2005-00012/
ADJUSTMENTS (VAR) 2005-000013, 14, 15 & 72
REQUEST: The applicant is requesting approval to perform a two-lot Minor Land Partition on a 0.3 acre
parcel. This artition will create Parcel #1 with approximately 5,371 square feet and Parcel #2 with
7,205 square �eet. There is an existing single-family home on proposed Parcel #1 and the applicant is
I proposing to build a duplex on Parcel #2. The applicant has applied for two Variances to the front yard
setback of Parcel #1 and the adjoining parcel to the east which has been included in this application for
a shared access. Adjustments Fiave been proposed for driveway spacing along a collector and from an
arterial intersection. LOCATION: 11830 and 11850 SW Greenburg Road; WCTM 1S135DD, Tax Lots
4200 and 4300. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential District.
ZONE: R-12: The R-12 zoning district is designed to accommodate a full range of housing types at a
minimum lot size of 3,050 sq uare feet. A wide range of civic and institutional uses are also permitted
conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370,
18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 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: AUGUST 22, 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:
� � (JU� rJ (��� � /�/)S,�C 1 c."1
��(CG� �'� Ur
S� C...�,�T��
_� �e � � o �
Name 8� Number of Person mme ting: ;
�
REQUEST FOR COMMENI� CITY OF TIdARD
('ommunity 4UcveCopment
ShapingA�etterCommunity
DATE: August 8,2005
T0: lim Wolf,Tigard Police Department Crime Preuention Officer
FROM: City of Tigard Plannin9 Di�ision
STAFF CONTACT: Mathew Scheidegger,Associate Planner[x243T1
Phone: [5031639-4111/Fax: (5031684-1291
➢ WELSH PARTITION Q
MINOR LAND PARTITION (MLP) 2005-00003/VARIANCE (VAR) 2005-00012/
ADJUSTMENTS (VAR) 2005-000013, 14, 15 & 72
REQUEST: The applicant is requesting approval to perform a two-lot Minor Land Partition on a 0.3 acre
parcel. This partition will create Parcel #1 with approximately 5,371 square feet and Parcel #2 with
7,205 square feet. There is an existing single-family home on proposed Parcel #1 and the applicant is
proposing to build a duplex on Parcel #2. The applicant has applied for two Variances to the front yard
setback of Parcel #1 and the adjoining parcel to the east which has been included in this application for
a shared access. Adjustments Fiave 6een proposed for driveway spacing along a collector and from an
arterial intersection. LOCATION: 11830 and 11850 SW Greenburg Road; WCTM 1 S135DD, Tax Lots
4200 and 4300. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential District.
ZONE: R-12: The R-12 zoning district is designed to accommodate a full range of housing types.at a
minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted
conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370,
18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 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: AUGUST 22, 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 o�ce.
_ Please refer to the enclosed letter.
_ Written comments provided below:
Name 8� Number of Person Commenting: 6 1,� x���
�E UEST FOR COMMENI V CITYOFTIOARD
Q
Community�evelopment
ShapingA�etterCommunity
DATE: AuguSt 8,2005
T0: Matt Stine,Urban Forester/Public Works Annex
FROM: City of Ti9ard Plannin9 Division
STAFF CONTACT: Mathew Scheide9ger,Associate Planner[x24311
Phone: [5031639-41T1/Fax: [5031684-1291
➢ WELSH PARTITION Q
MINOR LAND PARTITION (MLP) 2005-00003/VARIANCE (VAR) 2005-00012/
ADJUSTMENTS (VAR) 2005-000013, 14, 15 & 72
REQUEST: The applicant is requesting approval to perform a two-lot Minor Land Partition on a 0.3 acre
parcel. This partition will create Parcel #1 with approximately 5,371 square feet and Parcel #2 with
7,205 square feet. There is an existing single-family home on proposed Parcel #1 and the applicant is
proposing to build a duplex on Parcel #2. The applicant has applied for two Variances to the front yard
setback of Parcel #1 and the adjoining parcel to the east which has been included in this application for
a shared access. Adjustments Fiave 6een proposed for driveway spacing along a collector and from an
arterial intersection. LOCATION: 11830 and 11850 SW Greenburg Road; WCTM 1S135DD, Tax Lots
4200 and 4300. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential District.
ZONE: R-12: The R-12 zoning district is designed to accommodate a full range of housing types at a
minimum lot size of 3,050 sq uare feet. A wide range of civic and institutional uses are also permitted
conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370,
18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 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: AUGUST 22, 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:
CO�i�'�� �v%1 �- 14r �-�%�
Name& Number of Person Commenting:
'i r
REQUEST FOR COMMENI� CITY OF TIdARD
�'omnrwrity 4�eceCopntent
,S�apingA Better Community
DATE: August 8,2005
T0: PER ATTACHED
FROM: City of Tigard Planning Division
STAFF CONTACT: Mathew Scheidegger,Associate Planner[x24311
Phone: [5031639-41T1/Fax: [5031684-7291
➢ WELSH PARTITION Q
MINOR LAND PARTITION (MLP) 2005-00003/VARIANCE (VAR) 2005-00012/
ADJUSTMENTS (VAR) 2005-000013, I 4, I S & 72
REQUEST: The applicant is requesting approval to perform a two-lot Minor Land Partition on a 0.3 acre
parcel. This partition will create Parcel #1 with approximately 5,371 square feet and Parcel #2 with
7,205 square feet. There is an existing single-family home on proposed Parcel #1 and the applicant is
proposing to build a duplex on Parcel #2. The applicant has applied for two Variances to the front yard
setback of Parcel #1 and the adjoining parcel to the east which has been included in this application for
a shared access. Adjustments have 6een proposed for driveway spacing along a collector and from an
arterial intersection. LOCATION: 11830 and 11850 SW Greenburg Road; WCTM 1S135DD, Tax Lots
4200 and 4300. COMPREHENSIVE PLAN DESIGNATION: Medium-Density Residential District.
ZONE: R-12: The R-12 zoning district is designed to accommodate a full range of housing types at a
minimum lot size of 3,050 sguare feet. A wide range of civic and institutional uses are also permitted
conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.370,
18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 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: AUGUST 22, 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:
_ �ITY OF TIGARD REQUEST FOR �OMMENTS
NOTIFICAI LIST FOR LAND USE & COMMUNITY D OPMENT APPLICATIONS
/, , j.
FILE NOS.: �� '% �.� . _ 5 " CG=.� FILE NAME: C-�= ��
CITIgN INYOLYEMENT TEAMS
14-DAY PENDING APPLICATION NOTICE TOINTERESTED PARTIES OF AREA: ❑Central ❑East ❑South ❑West
CITY OFFICES
�
�ONG RANGE PLANNING/Barbara Shields,Planning Mgr. COMMUNITY DVLPMNT.DEPTJPIanning-Engineering Techs.�!POLICE DEPT./Jim Wolf,Crime Prevention Officer
�UILDING DIVISION/Gary Lampella,Building Official NGINEERING DEPT./Kim McMillan,Dvlpmnt.Review Engineer�PUBLIC WORKS/Matt Stine,Urban Forester
CITY ADMINISTRATIOWCathy Wheatley,City Recorder �UBLIC WORKS/Rob Murchison,Projed Engineer
�PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITENF10 BUSINESS DAYS PRIOR TO THE PUBLIC HEARING!
SPECIAL DISTRICTS
TUAL.HILLS PARK 8 REC.DIST.+��TUALATIN VALLEY FIRE 8 RESCUE♦ _ TUALATIN VALLEY WATER DISTRICT�r CLEANWATER SERVICES�
Planning Manager Fire Marshall Administrative OffiCe Lee WalkerlSWM Program
15707 SW Walker Road Washington County Fire DistriCt PO Box 745 155 N.First Avenue
Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124
LOCAL AND STATE IURISDICTIONS
CITY OF BEAVERTON �IF CITY OF TUALATIN� OR.DEPT.OF FISH 8 WILDLIFE OR.DIV.OF STATE LANDS
_ Planning Manager Planning Manager 3406 Cherry Avenue NE Melinda Wood�w�uN Fo�R.q���.a�
_ Steven Sparks,Dev.Svcs Manager 18880 SW Martinazzi Avenue Salem,OR 97303 775 Summer Street NE,Suite 100
PO Box 4755 Tualatin,OR 97062 Salem,OR 97301-1279
Beaverton,OR 97076
_ OR.PUB.UTILITIES COMM.
METRO-LAND USE&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,Data Resource Center(ZCA) US ARMY CORPS.OF ENG.
Durham,OR 97281-3483 _ Paulette Allen,Growth Manegement Coortline�or OR.DEPT.OF LAND CONSERV.&DVLP Kathryn Haf�is IMaps s cws�ener oniy>
_ Mel Huie,Greenspaces Coortlinator(CPA20A) LBffy FfBf1CI1(COmp Plan AmenOments Only) Routing CENWP-OP-G
CITY OF KING CITY� _ Jennifer Budhabhatti,Reg�onaiPianner�Weuanas) 635 Capitol Street NE,Suite 150 PO Box 2946
City Manager _ C.D.Manager,GrowthManagementServices Salem,OR 97301-2540 Portland,OR 97208-2946
15300 SW 116th Avenue
King City,OR 97224 WASHINGTON COUNTY �
OR.DEPT.OF ENERGY�POwenines in nrea> _OR.DEPT OF AVIATION�MOnopo�e Towero� Dept.of Land Use&Transp.
Bonneville Power Administration Tom Highland,Planning 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 �S�@V@ COf1W8y(General Apps.)
Lake Oswego,OR 97034 Gregg Leion�cPn�
_ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 � Brent Curtis ccPn�
CITY OF PORTLAND (NOtify for We[IanAS antl Potential EnWronmental Impads) �GfBflt RObIf150f1,oeve�opment Review coominamr poria Mateja�zcn>Ms,.
Planning Bureau Director Regional Administrator Carl Torland, Right-of-Way Section cva�ro�5> Sr.Cartographer ccPULC�,�,.
1900 SW 4'"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,s���o�a��,M5,5
Portland,OR 97201 Portland,OR 97201�987 Portland,OR 97209-4037
WA.CO.CONSOL.COMM.AGNCY ODOT,REGION 1 -DISTRICT 2A�R _ODOT,RAIL DIVISION STATE H15TORIC
Dave Austin cwcccni��9t1^peo�w�row.�q Sam Hunaidi,,4ssistam Distr�ct htanager �NOtiry a oDOT wR-nwy.Crossing is Only Access to LanE) PRESERVATION OFFICE
PO BOx 6375 5440 SW Westgate Drive,Suite 350 Dave Lanning,s�Crossmg Safety Specialist (NOtity if Property Nas HD OvaAay)
Beaverton,OR 97007-0375 Portland,OR 97221-2414 555 13'"Street.NE,Suite 3 1115 Commercial Street,NE
Salem.OR 97301-4179 Salem,OR 97301-1012
U?ILITY PROYIDERS AND SPECIAL A6EMCIES
PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(Burlington NorthernlSanta Fe R/R Predecessor)
RobeR I. Melbo, President&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�n��e���o�5 o��y� Randy Bice ,��,b,Aro.oo��, p(Pro�ecl is V✓�tMn%Mile of a Transil Route)
5424 SE McLoughlin Boulevard Twin Oaks Technology Center 14200 5W Brigadoon Court Ben Baldwin,Project Planner
Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street
r� Beaverton,OR 97006-4886 Portland,OR 97232
./=�ORTLAND GENERAL ELECTRIC k 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 Portland,OR 97219
�TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 COMCAST CABLE CORP. COMCAST CABLE COMMUNIC.
Marsha Butler,Administrative Offices Jan Youngquist,Demographics Alex Silantiev,�.wPw�A«.��.c, Diana Carpenter,�,,.Ea��.WNO��,
6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg. 12 10831 SW Cascade Avenue
Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203
� INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOYERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR AN111ALL
CITY PROJECTI(Project Planner Is Responsible For Indicating Parties To Notify). n�patry�masters�Requesc Fo�Comments rvotit�cation�iscdoc (UPDATED �9-Ju1-05)
(Also update:i:lcurpinlsetupllabelslannexation_uti6ties and franchises.doc when updating this document)
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: 9/19105
TO: Matt Scheidegger, Associate Planner
FROM: Kim McMillan, Development Review Enginee ��" 1
RE: MLP2005-00003 Welsh Partition
Access Management (Section 18.705.030.H1
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 did not address this section as requested during the application
completeness process. The applicant's engineer shall provide preliminary sight
distance certification for the proposed shared access along with a list of
improvements required to achieve adequate sight distance. This shall be
submitted with the PFI permit application. Upon completion of the improvements,
the applicanYs engineer shall submit final sight distance certification.
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.
There are currently 3 driveways that serve tax lots 4200 & 4300. The applicant is
proposing to close two of the existing driveways, leaving the eastern most
driveway, and providing a shared driveway befinreen the two parcels. The �
proposed driveway is only about 130 feet from the intersection of Greenburg
Road and 90th Avenue. The lot frontage is only 70 feet wide. The applicant has
ENGINEERING COMMENTS MLP2005-00003 Welsh Partition PAGE 1
proposed both a shared driveway and that the driveway be placed as far from the
intersection as possible, thereby meeting this criterion.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways
and streets along a collector shall be 200 feet. The minimum spacing of
driveways and streets along an arterial shall be 600 feet. The minimum
spacing of local streets along a local street shall be 125 feet.
Greenburg Road is an Arterial on the City of Tigard's Transportation System
Plan. The applicant has requested an adjustment to the spacing standard of 600
feet. There is no possible way to meet the standard and still be provided with an
access to the proposed development. The applicant has proposed a shared
driveway with Tax Lot 4300. This eliminates two existing driveways, reducing the
three existing driveways to two driveways.
Street And Utility Improvements Standards (Section 18.8101:
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets
adjacent shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width
planned as a portion of an existing street shall be dedicated and improved
in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires an
Arterial street to have a 100 foot right-of-way width and 72-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 Greenburg Road, which is classified as an Arterial
on the City of Tigard Transportation Plan Map. At present, there is approximately
30 feet of ROW from centerline, according to the most recent tax assessor's
map. The applicant should dedicate the additional ROW to provide 50 feet from
centerline.
Because the applicant owns both parcels and is proposing a shared access
driveway over both parcels, the applicant must also dedicate a minimum of 10
ENGINEERING COMMENTS MLP2005-00003 Welsh Partition PAGE 2
feet of ROW and a 10 foot wide reserve strip of ROW along the frontage of Tax
Lot 4300.
SW Greenburg Road is currently partially improved. In order to mitigate the
impact from this development, the applicant should remove two existing
driveways, replace with standard curb and gutter, construct the shared driveway
apron, install street trees and enter into a restrictive covenant for future street
improvements for both Tax Lots 4200 & 4300.
Future Street Plan and Extension of Streets: Section 18.810.030.F states
that a future street plan shall be filed which shows the pattern of existing and
proposed future streets from the boundaries of the proposed land division.
This section also states that where it is necessary to give access or permit a
satisfactory future division of adjoining land, streets shall be extended to the
boundary lines of the tract to be developed and a barricade shall be
constructed at the end of the street. These street stubs to adjoining
properties are not considered to be cul-de-sacs since they are intended to
continue as through streets at such time as the adjoining property is
developed. A barricade shall be constructed at the end of the street by the
property owners which shall not be removed until authorized by the City
Engineer, the cost of which shall be included in the street construction cost.
Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess of 150 feet in length.
Due to existing development there are no opportunities for future street extensions.
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 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
ENGINEERING COMMENTS MLP2005-00003 Welsh Partition PAGE 3
a street connection is not possible. The applicant must show why the
constraint precludes some reasonable street connection.
Due to existing development, street configuration and street spacing standards
along an A�terial there are no connection of extension opportunities.
Block Designs - Section 18.810.040.A states that the length, width and shape
of blocks shall be designed with due regard to providing adequate building
sites for the use contemplated, consideration of needs for convenient
access, circulation, control and safety of street traffic and recognition of
limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks
formed by streets shall not exceed 1,800 feet measured along the right-of-
way line except:
• Where street location is precluded by natural topography, wetlands or
other bodies of water or, pre-existing development or;
• For blocks adjacent to arterial streets, limited access highways, major
collectors or railroads.
• For non-residential blocks in which internal public circulation provides
equivalent access.
PLANNING
Section 18.810.040.6.2 also states that bicycle and pedestrian connections
on public easements or right-of-ways shall be provided when full street
connection is not possible. Spacing between connections shall be no
more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict
adherence to other standards in the code.
PLANNING
Lots -Size and Shape: Section 18.810.060(A) prohibits lot depth from being
more than 2.5 times the average lot width, unless the parcel is less than 1.5
times the minimum lot size of the applicable zoning district.
PLANNING
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of
frontage on public or private streets, other than an alley. In the case of a land
partition, 18.420.050.A.4.c applies, which requires a parcel to either have a
minimum 15-foot frontage or a minimum 15-foot wide recorded access
easement. In cases where the lot is for an attached single-family dwelling
unit, the frontage shall be at least 15 feet.
PLANNING
ENGINEERING COMMENTS MLP2005-00003 Welsh Partition PAGE 4
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to
meet City design standards and be located on both sides of arterial,
collector and local residential streets. Private streets and industrial streets
shall have sidewalks on at least one side.
The applicant will enter into a restrictive covenant for future street improvements
along the frontage of Tax Lots 4200 & 4300. The street improvements will
include a public sidewalk, thereby meeting this criterion.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be
installed to serve each new development and to connect developments to
existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as
adopted by Clean Water Services in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive
plan.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems
shall include consideration of additional development within the area as
projected by the Comprehensive Plan.
The applicant has proposed a public sewer line extension to serve the two
existing homes and the proposed duplex.
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.
ENGINEERING COMMENTS MLP2005-00003 Welsh Partition PAGE 5
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.
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
detention facility to accommodate 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.
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.
Greenburg Road is a designated bicycle facility. The restrictive covenant for half-
street improvements will include bicycle lanes, thereby meeting this criterion.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those
required for electric, communication, lighting and cable television services
and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at
50,000 volts or above, and:
ENGINEERING COMMENTS MLP2005-00003 Welsh Partition PAGE 6
• The developer shall make all necessary arrangements with the serving
utility to provide the underground services;
• The City reserves the right to approve location of all surface mounted
facilities;
• All underground utilities, including sanitary sewers and storm drains
installed in streets by the developer, shall be constructed prior to the
surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing
the street improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states
that a developer shall pay a fee in-lieu of under-grounding costs when the
development is proposed to take place on a street where existing utilities
which are not underground will serve the development and the approval
authority determines that the cost and technical difficulty of under-
grounding the utilities outweighs the benefit of under-grounding in
conjunction with the development. The determination shall be on a case-
by-case basis. The most common, but not the only, such situation is a
short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground
utilities facilities. An applicant for a development which is served by
utilities which are not underground and which are located across a public
right-of-way from the applicant's property shall pay a fee in-lieu of under-
grounding.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND
UTILITY IMPROVEMENT STANDARDS:
Public Water Svstem:
The Tualatin Valley Water District (TVWD) provides service in this area. The
applicant shall submit plans to TVWD for review and approval of the new water
service(s). The applicant shall provide the City with copies of the TVWD
approval prior to issuance of the PFI permit.
Storm Water Qualitv:
The City has agreed to enforce Surface Water Management (SWM)
regulations established by Clean Water Services (CWS) Design and
Construction Standards (adopted by Resolution and Order No. 00-7) which
require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100
percent of the storm water runoff generated from newly created impervious
ENGINEERING COMMENTS MLP2005-00003 Welsh Partition PAGE 7
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.
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.
The developer will also be required to provide signage at the entrance of each
shared flag lot driveway or private street that lists the addresses that are served
by the given driveway or street. This will assist emergency services personnel to
more easily find a particular home.
Survey Requirements
The 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
ENGINEERING COMMENTS MLP2005-00003 Welsh Partition PAGE 8
coordinates, the plat shall contain the scale factor to convert ground measurements
to grid measurements and the angle from north to grid north. These coordinates
can be established by:
• GPS tie nefinrorked to the City's GPS survey.
• By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be tied to the GPS network.
The applicant's engineer shall provide the City with an electronic file with points
for each structure (manholes, catch basins, water valves, hydrants and other
water system features) in the development, and their respective X and Y State
Plane Coordinates, referenced to NAD 83 (91).
Recommendations:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
APPROVAL OF THE FINAL PLAT:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
. A Public Facility Improvement (PFI) permit is required for this project to
cover removal of the driveways and construction of the shared driveway and
any other work in the public right-of-way. Six (6) sets of detailed public
improvement plans shall be submitted for review to the Engineering
Department. NOTE: these plans are in addition to any drawings required by
the Building Division and should only include sheets relevant to public
improvements. Public Facility Improvement (PFI) permit plans shall conform
to City of Tigard Public Improvement Design Standards, which are available
at City Hall and the City's web page (www.ci.tigard.or.us).
. The PFI permit plan submittal shall include the exact legal name, address
and telephone number of the individual or corporate entity who will be
designated as the "Permittee", and who will provide the financial assurance
for the public improvements. For example, specify if the entity is a
corporation, limited partnership, LLC, etc. Also specify the state within which
the entity is incorporated and provide the name of the corporate contact
person. Failure to provide accurate information to the Engineering
Department will delay processing of project documents.
. The applicant 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
ENGINEERING COMMENTS MLP2005-00003 Welsh Partition PAGE 9
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.
. Prior to final plat approval, the applicant shall pay an addressing fee.
(STAFF CONTACT: Shirley Treat, Engineering).
. The applicant shall provide signage at the entrance of each shared flag lot
driveway or private street that lists the addresses that are served by the
given driveway or street.
. The applicant's engineer shall submit preliminary sight distance certification,
with a list of improvements, for the shared driveway with the PFI permit
application.
. The applicant's engineer shall submit a final sight distance certification for
the shared driveway upon completion of improvements within the ROW.
. The applicant shall submit construction plans to the Engineering Department
as a part of the Public Facility Improvement permit, indicating that they will
construct the following frontage improvements along SW Greenburg Road
as a part of this project:
A. street trees in the planter strip spaced per TDC requirements;
B. new shared driveway apron and removal of 2 existing driveways.
. The applicant shall execute a Restrictive Covenant whereby they agree to
complete or participate in the future improvements of SW Greenburg Road
adjacent to Tax Lots 4200 &4300, 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.
. Lot 1 shall not be permitted to access directly onto Greenburg Road. The
driveway shall be removed and the existing home shall use the shared
access driveway. A note shall be placed on the plat restricting access for
Tax Lot 4200 along the Greenburg Road frontage except at the approved
ENGINEERING COMMENTS MLP2005-00003 Welsh Partition PAGE 10
shared access driveway.
. The applicant shall cause a statement to be placed on the final plat to
indicate that the proposed shared driveway will be jointly owned and
maintained by the private property owners who abut and take access from it.
. The applicant shall provide connection of proposed buildings to the public
sanitary sewerage system. A connection permit is required to connect to the
existing public sanitary sewer system.
. The applicant shall obtain approval from the Tualatin Valley Water District for
the proposed water connection prior to issuance of the City's Public Facility
Improvement permit.
. 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."
. A final grading plan shall be submitted showing the existing and proposed
contours. The plan shall detail the provisions for surface drainage of all
lots, and show that they will be graded to insure that surface drainage is
directed to the street or a public storm drainage system approved by the
Engineering Department. For situations where the back portions of lots
drain away from a street and toward adjacent lots, appropriate private
storm drainage lines shall be provided to sufficiently contain and convey
runoff from each lot.
. The applicant's final plat shall contain State Plane Coordinates on two
monuments with a tie to the City's global positioning system (GPS) geodetic
control nefinrork (GC 22). These monuments shall be on the same line and
shall be of the same precision as required for the subdivision plat boundary.
Along with the coordinates, the plat shall contain the scale factor to convert
ground measurements to grid measurements and the angle from north to
grid north. These coordinates can be established by:
• GPS tie nefinrorked 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.
ENGINEERING COMMENTS MLP2005-00003 Welsh Partition PAGE 11
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 Greenburg Road shall be made on the
final plat which provides 50 feet from centerline along Tax Lot 4200. Right-
of-way dedication for Greenburg Road shall be made on the final plat which
provides 40 feet from centerline along Tax Lot 4300 and an additional 10
feet of reserve ROW.
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.
. 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).
ENGINEERING COMMENTS MLP2005-00003 Welsh Partition PAGE 12
. 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).
ENGINEERING COMMENTS MLP2005-00003 Welsh Partition PAGE 13
AFFIDAVIT OF MAILING CITYOFTIOARD
�'ommuitity�DeveCopment
Shaping�Better�ommurtity
I, �Patricia L. Lu ord, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministratrve Specr'aCut for
the City af7'�gar , `Wasfiington County, Oregon and that I served the following:
{Check Appropnate Box(s)Below}
❑x NOTICE OF PENDIN6 LAND USE APPIICAflON FOR: MLP2005-00003/VAR2005-00012, 13, 14, 15 & 72 — WEISH PARTITION
� AMENDED NOTICE (FileNo.lNameReference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhibit"A", and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Exlllblt"B",and by reference made a part
hereof, on A119115[8,2005, and deposited in the United States Mail on AlIgOS[8,2005, postage prepaid.
i
i
(Person t repared Notic
,S`XA2tE O�'O�C�ON �
Countyof'WasTsngton )ss.
City of�igard ) �
Subscribed and sworn/affirmed before me on the d ^ day of�[ , 2005.
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h1YCOMMl�S'�N EXPIRES G��.1,20U1
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NOTICE TO MORTGAGEE, LIENHOLl,�t2,VENDOR OR SELLER: EXH I B(T.�.
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
NOTICE OF PENDING LAND USE APPLICATION CITYOFTIGARD
MINOR LAND PARTITION SkapingA7a tter`Community
DATE OF NOTICE: August 8, 2005
FILE NUMBER: MINOR LAND PARTITION (MLP) 2005-00003
VARIANCE (.VAR) 2005-00012
ADJUSTMENT vAR 2005-00013
ADJUSTMENT VAR 2005-00014
ADJUSTMENT VAR 2005-00015
ADJUSTMENT VAR 2005-00072
FILE NAME: WELSH PARTITION
PROPOSAL: The applicant is requesting approval to perform a two-lot Minor Land Partition on a 0.3 acre
parcel. This partition will create Parcel #1 with approximately 5,371 square feet and Parcel
#2 with 7,205 square feet. There is an existing single-family home on proposed Parcel #1
and the applicant is proposing to build a duplex on Parcel #2. The applicant has applied for
two Variances to the front yard setback of Parcel #1 and the adjoining parcel to the east
which has been included in this application for a shared access. Adjustments have been
proposed for driveway spacing along a collector and from an arterial intersection.
ZONE: R-12: Medium-Density Residential. The R-12 zoning district is designed to accommodate
a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of
civic and institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715,
18.725, 18.745, 18.765, 18.790, 18.795 and 18.810.
LOCATION: 11830 and 11850 SW Greenburg Road; WCTM 1 S135DD, Tax Lots 4200 and 4300.
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 AUGUST 22, 2005. All comments should be directed to Mathew Scheideqqer, Associate Planner in
the Planning Division at the City of Tigard, 13125 SW Hall Boulevard, Tigard, Oregon 97223. You may reach the
City of Tigard by telephone at 503-639-4171 or by email to Matts c(�.ci.tiqard.or.us.
ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WRITING PRIOR TO 5:00 PM ON THE DATE
SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-MAKING PROCESS.
THE CITY OF TIGARD APPRECIATES RECEIVING COMMENTS AND VALUES YOUR INPUT. COMMENTS
WILL BE CONSIDERED AND ADDRESSED WITHIN THE NOTICE OF DECISION. A DECISION ON THIS ISSUE
IS TENTATIVELY SCHEDULED FOR SEPTEMBER 15. 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 "Applic, .a Review Criteria" described in th. ,ection 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-MAKtNG 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."
�n°'�er'r�'"p I
MLP2005-00003
� VAR�005-00012
VAR2005-00013
ITA r VAR2005-00014
VAR2005-00015
YAR2005-00011
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1S135DD-04602 1S135DD-D4403 EXH I B iTs�
ANDERSON PHYLLIS M TRUST BUSCHBACHER LOUIE J
c/o ANDERSON ROGER F PO BOX 23955
10120 SW KABLE ST TIGARD,OR 97281
TIGARD,OR 97224
135DD-04600 1 S135DC-074�0
A RSO YLLIS M TRUST CANTRELL CARROLL R
c/o A SON ROGER F 11700 SW GREENBURG RD
101 S BLE ST TIGARD,OR 97223 �
T ARD,OR 97224
2S102AA-01300 1 S135DD-05106
BATTERN ROBERT N CCC PROPERTY MANAGEMENT LLC
BY GARDEN ROOMS BY CHERI LETHIN
11935 SW GREENBURG RD 4739 SW 39TH
TIGARD,OR 97223 PORTLAND,OR 97221
1 S135DD-03800 1 S135DC-00500
BAUER LENA RICHARD T COCHRAN JUDY TRUST
BAUER RICHARD W BY JUDY COCHRAN PENNY TR
11734 SW 90TH 60624 RIDGE HEIGHTS
TIGARD,OR 97223 BEND,OR 97702
1 S135DD-03704 1 S135DD-03940
BAXTER ALAN T AND SOOK HEE COLLING DOUGLAS
11650 SW 90TH 11750 SW 90TH AVE
TIGARD,OR 97223 PORTLAND,OR 97223
1 S 135 DD-04400 1 S135DC-01600
BC ASSOCIATES LLC CRUICKSHANK LAURA J
1128 SW ENGLEWOOD DR 11780 SW 91ST AVE
LAKE OSWEGO,OR 97034 TIGARD,OR 97223
1 S 135 D D-03600 1 S 7 35 DC-01701
BERGMANN FLOYD H DORSEY ALTA M
MARINE M 2245 NW 113TH
11600 SW 90TH PORTLAND,OR 97229
TIGARD,OR 97223
1 S135DC-01100 1 S135DD-03300
BLUNT ROBERT ELIZABETH COLETTI KAUFMAN LLC ET
8325 SW MOHAWK ST#106 2857 NW WESTOVER RD
TUALATIN, OR 97062 PORTLAND,OR 97210
1S135DD-02001 2S102AA-01600
BROWN MILTON O FINLEY NELLIE J TR
BY PACIFIC MOBIIE 8945 SW CENTER ST
ADMINISTRATIVE OFFICE TIGARD,OR 97223
8320 NE HIGHWAY 99
VANCOUVER,WA 98665
1 S135DC-01200 1 S135DC-07600
BURD LISA A 8�RYAN D FISCHBUCH GLENN REVOC TRUST
11835 SW LINCOW BY FISCHBUCH GLENN TR
TIGARD, OR 97223 17780 SW CHIPPEWA TRAIL
TUALATIN,OR 97062
1 S135DC-07900 1 S135DC-01702
FISHER JAYME K 8 HUGHES DARREN D&LORENA D
DAVID THEREASA R 11830 5W 91ST AVE
11635 SW 90TH AVE TIGARD,OR 97223
TIGARD,OR 97223
1S135DC-00600 �S135DD-04500
FISHER REVOCABLE LIVING TRUST JOHNSON DENNIS A&GAIL W
BY TOM FISHER TRUSTEE 8875 SW CENTER ST
15635 SW ROYALTY PKWY TIGARD,OR 97223
KING CITY,OR 97224
1S135DD-04401 1 135DD-04402
FRAHLER WILLIAM M TRUSTEE JO SO ENNIS A 8 GAIL W
14990 SW 137TH PL 887 CENTER ST
TIGARD,OR 97224 ARD,0 97223
1S135DD-03701 1S135DC-08400
FULLER DEBRA L JURDY HUE THI
11700 SW 90TH AVE 11730 SW GREENBURG RD
TIGARD,OR 97223 TIGARD,OR 97223
1S135DC-01500 1 135DG08300
GHIONEA RADU/ELENA JU Y THI
11695 SW GREENBURG RD 117 GREENBURG RD
TIGARD,OR 97224 T ARD,0 97223
1S135DD-05102 1S135DD-04404
GLADSTONE HELENE D TRUSTEE KLUSMAN WANDA
150 IRON MTN BLVD Go GREENBERG BARRY&
LAKE OSWEGO,OR 97034 GREENBERG ROBERT
11960 SW GREENBURG RD
TIGARD,OR 97223
1 S135DC-00400 1 S135DD-05100
GREENBURG LLC LANDING SQUARE LIMITED PARTNERSH
BY STEVEN 8 MELISSSA BLACK VIUHKOLA JENNIFER
PO BOX 1891 5250 SW LANDING SQUARE#14
LAKE OSWEGO,OR 97035 PORTLAND,OR 97209
zs�ozEw-o�aoo 2S�oz,�,a,-o�zoo
HEINTZ PETER W MARY A LUKE-DORF INC
8925 SW CENTER ST 11895 SW GREENBURG
TIGARD,OR 97223 PORTLAND,OR 97223
1 S135DD-O5000 15135DC-01400
HOFFMAN LAWRENCE A LURIE JONATHAN
1281 NE 25TH UNIT M 11725 SW GREENBURG RD
HILLSBORO,OR 97124 TIGARD,OR 97223
1 S135DC-01801 1 S135DD-03609
HUBBARD JUNE D MACKINNON FERN E 8�
1000 NW TURNBERRY DALE VIRGINIA E
BEAVERTON,OR 97006 11625 SW LOMITA
TIGARD,OR 97223
1S135DC-07700 1S135DD-03703
MASON HELEN A NUT MEG APARTMENTS LTD PTNSHP 8�
11695 SW 90TH AVE CEDAR BARK ASSOCIATES LTD PTNSHP
TIGARD,OR 97223 PO BOX 389
PALO ALTO,CA 94309
15135DD-04200 1 S135DD-03700
MASTRANUNZIO FAMILY TRUST TRUST OH JANG W 8 YON SUN
BY MASTRANUNZIO KEITH TRS 11630 SW LOMITA AVE
BY PATHFINDER HOMES LLC TIGARD,OR 97223
20055 PACIFIC HWY STE 105
SHERWOOD,OR 97140
1 S 135DD-03611 1 S135DD-04900
MCLOUGHLIN TIMOTHY R AND OLSEN JOHN W&MARY JO
K YVONNE 8820 SW CENTER ST
MCLOUGHLIN ROBERT C TIGARD,OR 97223
5400 SW 198TH AVE
ALOHA,OR 97007
1 S135DC-00200 1 S135DD-04000
MGC PROPERTIES LLC 8 PEREZ SHERI
JEN PROPERTIES lLC BY JOHN E SLOAN JR
BY C&R REAL ESTATE SERVICES CO 11770 SW 90TH AVE
1440 SW TAYLOR PORTLAND,OR 97223
PORTLAND,OR 97205
1 S 7 35DC-D0900 ss�ozAa,-onoo
MILES MICHAEL PAUL PRICKETT LELAND PAUL 8 HATTIE
11930 SW LINCOLN AVE Go PRICKETT LELAND PAUL
TIGARD,OR 97223 12202 SW ANTON DR
TIGARD,OR 97223
1 S 135D D-033Q1 1 S 135DC-01300
MOB INVESTMENTS INC RESLER MICHAEL D&BARBARA S
708 NE 78TH ST 10620 SW COOK LN
VANCOUVER,WA 98665 TIGARD,OR 97223
1 S135DC-08200 1 S135DD-03620
MOLITOR LAWRENCE R/NANCY L ROGERS ALAN D
11587 SW 90TH AVE 11620 SW LOMITA AVE
TIGARD,OR 97223 TIGARD,OR 97223
1S135DC-00700 2S102AA-01800
NASS KRAIG A/LYNN M RUSSELL TIMOTHY M AND
13500 SW PACIFIC HWY#133 NANCY L
TIGARD,OR 97223 8985 SW CENTER STREET
TIGARD,OR 97223
1 S135DC-00100 1 S135DC-01000
N�RTON TIMOTHY W&KATHRYN M SATHER RONALD ALLAN
20917 NW 11TH CT 11925 SW LINCOLN
RIDGEFIELD,WA 98642 TIGARD,OR 97223
1S135DC-01800 1S135DC-01700
NOYES BONNIE SCHNETZKY MARK AND JULIE
21206 HUBBARD CUTOFF NE 11860 SW 91ST
AURORA,OR 97002 TIGARD,OR 97223
2S102A6-01001
SERESJOELLTRUST Pathfinders Mortgage, Inc.
BY C&R REAL ESTATE SERVICES Attn: ViC Welsh
1440 SW TAYLOR 20055 SW Pacific Highway, Suite 150
PORTLAND,OR 97205 Sherwood, OR 97140
1 S135DC-00800
SMITH LANE C&ANDREA N
11900 SW LINCOLN AVE Consulting Resources, IriC.
TIGARD,OR 97223 Attri: Randy Lytle, PE
308 Pinehurst Drive
Newberg, OR 97132
1 S 135 DD-04100
STARKS SHARON A 8
VILES CALLIE M
11790 SW 90TH AVE
TIGARD,OR 97223
2s�o�an-o�ioo
TIGARD AUTO STOP PARTNERS
2610 WETMORE AVE
PO BOX 1709 -
EVERETT,WA 98206 '
1 35DD-04407
TIG D OF
131 W HALL BLVD
T ARD, R 97223
15135DD-04700
TIGARD PROFESSIONAL CENTER
P O BOX 23006
TIGARD,OR 97223
1S135DD-04300
WELSH VICTOR B
20055 SW PACIFIC HWY 5TE 105
SHERWOOD,OR 97140
15135�C-01900
WILLIAMS GERALD W SUSAN
11985 SW LINCOLN AVE
TIGARD,OR 97223
1S735DC-07800
WINTER ELI RAVEN
12595 SW BROOKSIDE AVE
TIGARD,OR 97223
1 S135DD-04801
ZEIDER RICHARD W 8 JANET K
15190 SW 133RD AVE
TIGARD,OR 97224
Nathan and Ann Murdock Gretchen Buehner
PO Box 231265 13249 SW 136th Place
Tigard, OR 97281 Tigard, OR 97224
Sue Rorman Mildren Design Group
11250 SW 82�d Avenue Attn: Gene Mildren
Tigard, OR 97223 7650 SW Beveland Street, Suite 120
Tigard, OR 97223
Naomi Gallucci
11285 SW 78m Avenue
Tigard, OR 97223
Michael Trigoboff
7072 SW Barbara Lane
Tigard, OR 97223
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Alexander Craghead
12205 SW Hall Boulevard .
Tigard, OR 97223-6210
David Chapman
9840 SW Landau Place
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
CPO 4M
Pat Whiting
8122 SW Spruce
Tigard, OR 97223
CITY OF TIGARD - EAST INTERESTED PARTIES �i:lcurpinlsetupllabelslClT East.doc) UPDATED: 2-Jun-05
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� �' 13125 SW Hall Blvd
��� �I Tigard,OR 97223
� (503)639-4171
httplAvw.v.ti.tigard.or.us
Community Development Plot date:Aug 8,2005;C:lmagiclMAGIC03.APR
1S135DD-04602 �S135DD-04403
ANDERSON PHYLLIS M TRUST BUSCHBACHER LOUIE J
c/o ANDERSON ROGER F PO BOX 23955
10120 SW KABLE ST TIGARD,OR 97281
TIGARD,OR 97224
135DD-04600 1S135DC-07400
A RSO YLLIS M TRUST CANTRELL CARROLL R
c/o A SON ROGER F 11700 SW GREENBURG RD
101 S BLE ST TIGARD,OR 97223
T ARD,OR 97224
2S102AA-01300 1S135DD-05106
BATTERN ROBERT N CCC PROPERTY MANAGEMENT LLC
BY GARDEN ROOMS BY CHERI LETHIN
11935 SW GREENBURG RD 4739 SW 39TH
TIGARD,OR 97223 PORTLAND,OR 97221
1S135DD-03800 1S135DC-0050D
BAUER LENA RICHARD T COCHRAN JUDY TRUST
BAUER RICHARD W BY JUDY COCHRAN PENNY TR
11734 SW 90TH 60624 RIDGE HEIGHTS
TIGARD,OR 97223 BEND,OR 97702
7 S 135 DD-03704 1 S 135DD-03900
BAXTER ALAN T AND SOOK HEE COLLING DOUGLAS
1165�SW 90TH 11750 SW 90TH AVE
TIGARD, OR 97223 PORTLAND,OR 97223
1 S 135 DD-04400 1 S 135 DC-01600
BC ASSOCIATES LLC CRUICKSHANK LAURA J
1128 SW ENGLEWOOD DR 11780 SW 91ST AVE
LAKE OSWEGO,OR 97034 TIGARD,OR 97223
1 S 135 D D-03600 1 S 135DC-01701
BERGMANN FLOYD H DORSEY ALTA M
MARINE M 2245 NW 113TH
11600 5W 90TH PORTLAND,OR 97229
TIGARD,OR 97223
1S135DC-01100 1S135DD-03300
BLUNT ROBERT ELIZABETH COLETTI KAUFMAN LLC ET
8325 SW MOHAWK ST#106 2857 NW WESTOVER RD
TUALATIN,OR 97062 PORTLAND,OR 97210
1S135DD-02001 2S102AA-01600
BROWN MILTON O FINLEY NELLIE J TR
BY PACIFIC MOBILE 8945 SW CENTER ST
ADMINISTRATIVE OFFICE TIGARD,OR 97223
832D NE HIGHWAY 99
VANCOUVER,WA 98665
1 S135DC-01200 1 S135DC-07600
BURD LISA A&RYAN D FISCHBUCH GLENN REVOC TRUST
11835 SW LINCOLN BY FISCHBUCH GLENN TR
TIGARD,OR 97223 17780 SW CHIPPEWA TRAIL
TUALATIN,OR 97062
1S135DC-07900 1S135DC-01702
FISHER JAYME K& HUGHES DARREN D 8 LORENA D
DAVID THEREASA R 11830 SW 91ST AVE
11635 SW 90TH AVE TIGARD,OR 97223
TIGARD,OR 97223
1S135DC-00600 1S135DD-04500
FISHER REVOCABLE LIVING TRUST JOHNSON DENNIS A 8 GAIL W
BY TOM FISHER TRUSTEE 8875 SW CENTER ST
15635 SW ROYALTY PKWY TIGARD,OR 97223
KING CITY, OR 97224
1 S 135D D-04401 1 135DD-04402
FRAHLER WILLIAM M TRUSTEE JO SO ENNIS A 8 GAIL W
14990 SW 137TH PL 887 CENTER ST
TIGARD, OR 97224 ARD,O 97223
1S135DD-03701 7S135DC-08400
FULLER DEBRA L JURDY HUE THI
11700 SW 90TH AVE 11730 SW GREENBURG RD
TIGARD,OR 97223 TIGARD,OR 97223
1S135DC-01500 1 135DC-06300
GHIONEA RADU/ELENA JU Y THI
11695 SW GREENBURG RD 117 GREENBURG RD
TIGARD,OR 97224 T ARD,0 �97223
1 S 135 DD-05102 1 S 135 D D-04404
GLADSTONE HELENE D TRUSTEE KLUSMAN WANDA
150 IRON MTN BLVD c/o GREENBERG BARRY 8
LAKE OSWEGO,OR 97034 GREENBERG ROBERT
11960 SW GREENBURG RD
TIGARD,OR 97223
1S135DC-00400 15135DD-05100
GREENBURG LLC LANDING SQUARE LIMITED PARTNERSH
BY STEVEN&MELISSSA BLACK VIUHKOLA JENNIFER
PO BOX 1891 5250 SW LANDING SQUARE#14
LAKE OSWEGO,OR 97035 PORTLAND,OR 97209
2s�o2a,a,-o�aoo 2Sioa�,-o�200
HEINTZ PETER W MARY A LUKE-DORF INC
8925 SW CENTER ST 11895 SW GREENBURG
TIGARD,OR 97223 PORTLAND,OR 97223
1 S 135 DD-05000 1 S 135 DC-01400
HOFFMAN LAWRENCE A LURIE JONATHAN
1281 NE 25TH UNIT M 11725 SW GREENBURG RD
HILLSBORO,OR 97124 TIGARD,OR 97223
15135DC-01801 1 S135DD-03609
HUBBARD JUNE D MACKINNON FERN E&
1000 NW TURNBERRY DALE VIRGINIA E
BEAVERTON, OR 97006 11625 SW LOMITA
TIGARD,OR 97223
1S135DC-07700 1S135DD-03703
MASON HELEN A NUT MEG APARTMENTS LTD PTNSHP&
11695 SW 90TH AVE CEDAR BARK ASSOCIATES LTD PTNSHP
TIGARD,OR 97223 PO BOX 389
PALO ALTO,CA 94309
1S135D D-04200 1S135DD-03700
MASTRANUNZIO FAMILY TRUST TRUST OH JANG W&YON SUN
BY MASTRANUNZIO KEITH TRS 11630 SW LOMITA AVE
BY PATHFINDER HOMES LLC TIGARD,OR 97223
20055 PACIFIC HWY STE 105
SHERWOOD,OR 97140
1 S 135D D-03611 1 S 135 D D-04900
MCLOUGHLIN TIMOTHY R AND OLSEN JOHN W&MARY JO
K YVONNE 8820 SW CENTER ST
MCLOUGHLIN ROBERT C TIGARD,OR 97223
540�SW 198TH AVE
ALOHA,OR 97007
1S135DC-00200 1S135DD-04000
MGC PROPERTIES LLC 8 PEREZ SHERI
JEN PROPERTIES L�C BY JOHN E SLOAN JR
BY C&R REAL ESTATE SERVICES CO 11770 SW 90TH AVE
1440 SW TAYLOR PORTLAND,OR 97223
PORTLAND,OR 97205
7S135DC-00900 2S102AA-01700
MILES MICHAEL PAUL PRICKETT LELAND PAUL&HATTIE
11930 SW LINCOLN AVE c/o PRICKETT LELAND PAUL
TIGARD,OR 97223 12202 SW ANTON DR
TIGARD,OR 97223
1S135DD-0330'I 1S135DC-01300
MOB INVESTMENTS INC RESLER MICHAEL D&BARBARA S
708 NE 78TH ST 10620 SW COOK LN
VANCOUVER,WA 98665 TIGARD,OR 97223
1S135DC-08200 1S135DD-03620
MOLITOR LAWRENCE R/NANCY L ROGERS ALAN D
11587 SW 90TH AVE 11620 SW LOMITA AVE
TIGARD, OR 97223 TIGARD,OR 97223
1S135DC-00700 2S102AA-01800
NASS KRAIG A/LYNN M RUSSELL TIMOTHY M AND
13500 SW PACIFIC HWY#133 NANCY L
TIGARD,OR 97223 8985 SW CENTER STREET
TIGARD,OR 97223
1S135DC-00100 1S135DC-01000
NORTON TIMOTHY W&KATHRYN M SATHER RONALD ALLAN
20917 NW 11TH CT 11925 SW LINCOLN
RIDGEFIELD,WA 98642 TIGARD,OR 97223
1S135DC-018D0 1S135DC-01700
NOYES BONNIE SCHNETZKY MARK AND JULIE
21206 HUBBARD CUTOFF NE 11860 5W 91ST
AURORA, OR 97002 TIGARD,OR 97223
2S102AB-01001
SERES JOEL L TRUST
BY C&R REAL ESTATE SERVICES
1440 SW TAYLOR
PORTLAND,OR 97205
1S135DC-00800
SMITH LANE C&ANDREA N
11900 SW�INCOLN AVE
TIGARD,OR 97223
1 S135DD-04100
STARKS SHARON A&
VILES CALLIE M
11790 SW 90TH AVE
TIGARD,OR 97223
2S102AA-01100
TIGARD AUTO STOP PARTNERS
2610 WETMORE AVE
PO BOX 1709 •
EVERETT,WA 98206
1 35DD-04407
TIG D OF
131 W HALL BLVD
T ARD, R 97223
1 S135DD-04700
TIGARD PROFESSIONAL CENTER
P O BOX 23006
TIGARD,OR 97223
1 S135DD-04300
WELSH VICTOR B
20055 SW PACIFIC HWY STE 105
SHERWOOD,OR 97140
1 S 135DC-01900
WILLIAMS GERALD W SUSAN
11985 SW LINCOLN AVE
TIGARD,OR 97223
1S135DC-07800
WINTER ELI RAVEN
12595 SW BROOKSIDE AVE
TIGARD,OR 97223
1 S135DD-04601
2EIDER RICHARD W 8 JANET K
15190 SW 133R�AVE
TIGARD,OR 97224
Nathan and Ann Murdock Gretchen Buehner
PO Box 231265 13249 SW 136th Place
Tigard, OR 97281 Tigard, OR 97224
Sue Rorman Mildren Design Group
11250 SW 82�d Avenue Attn: Gene Mildren
Tigard, OR 97223 7650 SW Beveland Street, Suite 120
Tigard, OR 97223
Naomi Gallucci
11285 SW 78th Avenue
Tigard, OR 97223
Michael Trigoboff
7072 SW Barbara Lane
Tigard, OR 97223
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Alexander Craghead
12205 SW Hall Boulevard
Tigard, OR 97223-6210
David Chapman
9840 SW Landau Place
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
CPO 4M
Pat Whiting
8122 SW Spruce
Tigard, OR 97223
CITY OF TIGARD - EAST INTERESTED PARTIES �i:lcurpinlsetupllabels\CIT East.doc) UPDATED: 2-Jun-05
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1 S135DD-04200
MASTRANUNZIO FAMILY TRUST TRUST
BY MASTRANUNZIO KEITH TRS
BY PATHFINDER HOMES LLC
20055 PACIFIC HWY STE 105
SHERWOOD,OR 97140
1 S 135 D D-04300
WELSH VICTOR B
20055 SW PACIFIC HWY STE 105
SHERWOOD,OR 97140
NFFI DAVIT OF MAI LI N G CITY OF TIGARD
�arunrurtity,Development
S(iaping J7 BetterCommunfty
I, �PatriciaL. Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrativeSpecraf�stfor the
�4:ty of7'�rgar�`Waskington County, Oregon and that I served the following:
(ChCCk Appropnale Box(s)Below)
0 NOTICE Of DECISION FOR: MLP2005-00003/YAR2005-00012, 13, 14, 15 & 12 — WELSH PARTITION
� AMENDED NOTICE (File No.lName Reference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Ellhibli"A", and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked Exhlblt"B", and by reference made a part
hereof, on Sepiemder 29,2005,and deposited in the United States Mail on September 29,2005, postage prepaid.
I .
' • % �vV
(Perso at ared Notice
,57,A?E OF O�GON )
County of�iNasjrngton )ss
City of�I'igard )
Subscribed and sworn/affirmed before me on the�day of �,P_ �e�'�.�'1P/t__ , 2005.
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� � EXHIBIT �1
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2005-00003 CITYOFTIGARD
WELSH PARTITION c�m,»u,�<<y,���z��cop�n�nt
S(aping f7 Better(omnaunity
= 5
SECTION I. APPLICATION SUMMARY
FILE NAME: WELSH PARTITION
FILE NOS: Minor Land Partition (MLP) MLP2005-00003
Variance (VAR� VAR2005-00012
Adjustment V R VAR2005-00013
Ad�ustment VAR VAR2005-00014
Ad�ustment VAR VAR2005-00015
Variance (V R) VAR2005-00072
PROPOSAL: The applicant is requesting approval to perForm a two-lot partition on a 0.3 acre
parcel. This partition will create Parcel #1 with approximately 5,371 square feet,
Parcel #2 with 7,205 s uare feet. There is an existing single-famil home on
proposed parcel #1 and�the applicant is proposing to build a duplex on proposed
parcel #2. The applicant has applied for fwo variances to the front yard setback of
parcel #1 and the ad�oining parcel to the east (tax lot 4300) which has been
included in this application for a shared access. Ad�ustments have been proposed
for driveway spacing along a collector and from an arterial intersection.
APPLICANT/ Pathfinders Mortgage, Inc. APPLICANT'S Consulting Resources, Inc.
OWNER: Attn: Vic Welsh REP.: Attn: Randy Lytle, PE
20055 SW Pacific Highway, Suite 105 308 Pinehurst Drive
Sherwood, OR 97140 Newberg, OR 97132
ZONING
DESIGNATION: R-12 Medium Densit Residential. The R-12 zoning district is designed to
accommo ate a u range o ousing types at a minimum lot size of 3,050
square feet. A wide range of civic and institutional uses are also permitted
conditionally.
LOCATION: 11830 and 11850 SW Greenburg Road; WCTM 1 S135DD Tax Lot, 4200 and
4300.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscapin and
Screenin ); 18.765 (Otf-Street parking and Loading Requirements); 18.790 �Tree
Removal}; 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility
Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in the full decision, available at City Hall.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
All documents and applicable criteria in the above-noted file are available for inspection at no cost or
copies can be obtained for twenty-five cents (25�) per page, or the current rate charged for copies at the
time of the request.
SECTION III. PROCEDURE AND APPEAL INFORMATION
Notice:
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 SEPTEMBER 29, 2005 AND BECOMES
EFFECTIVE ON OCTOBER 14, 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 adverselX 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 OCTOBER 13, 2005.
Questions:
o�r u er information please contact the Planning Division Staff Planner, Mathew Scheide er at
(503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon .
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1S135DD-04602 1S735DD-04403 EXHIBIT� �
ANDERSON PHYLLIS M TRUST BUSCHBACHER LOUIE J
c/o ANDERSON ROGER F PO BOX 23955
10120 SW KABLE ST TIGARD,OR 97281
TIGARD,OR 97224
135DD-04600 1 S135DC-07400
A RSO YLLIS M TRUST CANTRELL CARROLL R
Go A SON ROGER F 11700 SW GREENBURG RD
101 S BLE ST TIGARD,OR 97223 '
T ARD,OR 97224
2S102AA-01300 1 S135DD-05106
BATTERN ROBERT N CCC PROPERTY MANAGEMENT LLC
BY GARDEN ROOMS BY CHERI LETHIN
11935 SW GREENBURG RD 4739 SW 39TH
TIGARD,OR 97223 PORTLAND,OR 97221
1 S135DD-03800 1 S135DC-00500
BAUER LENA RICHARD T COCHRAN JUDY TRUST
BAUER RICHARD W BY JUDY COCHRAN PENNY TR
11734 SW 90TH 60624 RI�GE HEIGHTS
TIGARD,OR 97223 BEND,OR 97702
1 S135DD-03704 1 St 35DD-03900
BAXTER ALAN T AND SOOK HEE COLLING DOUGLAS
11650 SW 90TH 11750 SW 90TH AVE
TIGARD,OR 97223 PORTLAND,OR 97223
1 S135DD-04400 1 S135DC-01600
BC ASSOCIATES LLC CRUICKSHANK LAURA J
1128 SW ENGLEWOOD DR 11780 SW 91ST AVE
LAKE OSWEGO,OR 97034 TIGARD,OR 97223
1 S135DD-03600 1 S135DC-01701
BERGMANN FIOYD H DORSEY ALTA M
MARINE M 2245 NW 113TH ,
11600 SW 9DTH PORTLAND,OR 97229
TIGARD,OR 97223
1 S135DC-Ot 100 1 S13500-03300
BLUNT ROBERT ELIZABETH COLETTI KAUFMAN LLC ET
8325 SW MOHAWK ST#106 2857 NW WESTOVER RD
TUALATIN,OR 97062 PORTLAND,OR 97210
1 S135DD-02001 2S102AA-01600
BROWN MILTON 0 FINLEY NELLIE J TR
BY PACIFIC MOBILE 8945 SW CENTER ST
ADMINISTRATIVE OFFICE TIGARD,OR 97223
8320 NE HIGHWAY 99
VANCOUVER,WA 98665
1 S135DC-01200 7 S135DC-07600
BURD LISA A&RYAN D FISCHBUCH GLENN REVOC TRUST
11835 SW LINCOLN BY FISCHBUCH GLENN TR
TIGARD, OR 97223 17780 SW CHIPPEWA TRAIL
TUALATIN,OR 97062
1S135DC-07900 1S135DC-01702
FISHER JAYME K& HUGHES DARREN D&LORENA D
DAVID THEREASA R 11830 SW 91ST AVE
11635 SW 90TH AVE TIGARD,OR 97223
TIGARD,OR 97223
1 S135DC-00600 15135DD-04500
FISHER REVOCABLE LIVING TRUST JOHNSON DENNIS A&GAIL W
BY TOM FISHER TRUSTEE 8875 SW CENTER ST
15635 SW ROYALTY PKWY TIGARD,OR 97223
KING CITY,OR 97224
1 S135DD-04401 1 135DD-D4402
FRAHLER WILLIAM M TRUSTEE JO SO ENNIS A 8 GAIL W
14990 SW 137TH PL 887 ENTER ST
TIGARD,OR 97224 ARD,0 97223
1 S 7 35 DD-03701 7 S135DC-08400
FULLER DEBRA L JURDY HUE THI
11700 SW 90TH AVE 11730 5W GREENBURG RD
TIGARD,OR 97223 TIGARD,OR 97223
1 S135DG01500 1 1350G08300
GHIONEA RADU/ELENA JU Y THI
11695 SW GREENBURG RD 117 GREENBURG RD
TIGARD,OR 97224 T ARD,0 97223
1 S135DD-05102 1 S135DD-04404
GLADSTONE HELENE D TRUSTEE KLUSMAN WANDA
150 IRON MTN BLVD Go GREENBERG BARRY&
LAKE OSWEGO,OR 97034 GREENBERG ROBERT
11960 SW GREENBURG RD
TIGARD,OR 97223
1 S135DC-00400 1 S135DD-05100
GREENBURG LLC LANDING SQUARE LIMITED PARTNERSH
BY STEVEN&MELISSSA BLACK VIUHKOLA JENNIFER
PO BOX 1891 5250 SW LANDING SQUARE#14
LAKE OSWEGO,OR 97035 PORTLAND,OR 97209
2S1o2AA-o14o0 2S1o2AA-Ot2oo
HEINTZ PETER W MARY A LUKE-DORF INC
8925 5W CENTER ST 11895 SW GREENBURG
TIGARD,OR 97223 PORTLAND,OR 97223
1 S135DD-05000 1 S135DC-01400
HOFFMAN LAWRENCE A LURIE JONATHAN
1281 NE 25TH UNIT M 11725 SW GREENBURG RD
HILLSBORO,OR 97124 TIGARD,OR 97223
1 S135DC-01801 1 S135DD-03609
HUBBARD JUNE D MACKINNON FERN E&
1000 NW TURNBERRY DALE VIRGINIA E
BEAVERTON,OR 97006 11625 SW LOMITA
TIGARD,OR 97223
1S135DC-07700 1S135DD-03703
MASON HELEN A NUT MEG APARTMENTS LTD PTNSHP&
11695 SW 90TH AVE CEDAR BARK ASSOCIATES LTD PTNSHP
TIGARD,OR 97223 PO BOX 389
PALO ALTO,CA 94309
1 S135DD-04200 1 S135DD-03700
MASTRANUNZIO FAM�LY TRUST TRUST OH JANG W&YON SUN
BY MASTRANUNZIO KEITH TRS 11630 SW LOMITA AVE
BY PATHFINDER HOMES LLC TIGARD,OR 97223
20055 PACIFIC HWY STE 105
SHERWOOD,OR 97140
1 S 135D D-03611 1 S135DD-04900
MCLOUGHLIN TIMOTHY R AND OLSEN JOHN W 8 MARY JO
K YVONNE 8820 SW CENTER ST
MCLOUGHLIN ROBERT C TIGARD,OR 97223
5400 SW 198TH AVE
ALOHA,OR 97007
1 S 7 35DC-00200 1 S 135D D-04000
MGC PROPERTIES LLC& PEREZ SHERt
JEN PROPERTIES LLC BY JOHN E SLOAN JR
BY C8R REAL ESTATE SERVICES CO 11770 SW 90TH AVE
1440 SW TAYLOR PORTLAND,OR 97223
PORTLAND,OR 97205
�s�ssoc-oosoo 2siozEw-oi�oo
MILES MICHAEL PAUL PRICKETT LELAND PAUL&HATTIE
11930 SW LINCOLN AVE do PRICKETT LELAND PAUL
TIGARD,OR 97223 122�2 SW ANTON DR
TIGARD,OR 97223
1 S 135DD-033U1 1 S135DC-01300
MOB INVESTMENTS INC RESLER MICHAEL D&BARBARA S
708 NE 78TH ST 10620 SW COOK LN
VANCOUVER,WA 98665 TIGARD,OR 97223
1 S135DC-08200 1S135DD-03620
MOLITOR LAWRENCE R/NANCY L ROGERS ALAN D
11587 5W 90TH AVE 11620 SW LOMITA AVE
TIGARD,OR 97223 TIGARD,OR 97223
7S135DC-00700 2S102AA-01800
NASS KRAIG A/LYNN M RUSSELL TIMOTHY M AND
13500 SW PACIFIC HWY#133 NANCY L
TIGARD,OR 97223 8985 SW CENTER STREET
TIGARD,OR 97223
1 S 135DC-00100 1 S 135DC-01000
NORTON TIMOTHY W&KATHRYN M SATHER RONALD ALLAN
20917 NW 11TH CT 11925 SW LINCOLN
RIDGEFIELD,WA 98642 TIGARD,OR 97223
1 S135DC-01800 1 S135DC-01700
NOYES BONNIE SCHNETZKY MARK AND JULIE
21206 HUBBARD CUTOFF NE 11860 SW 91ST
AURORA, OR 97002 TIGARD,OR 97223
2S1D2A6-01001
SERES JOEL L TRUST
BY C8R REAL ESTATE SERVICES
1440 SW TAYLOR
PORTLAND,OR 972a5
1 S 135DC-00800
SMITH LANE C 8 ANDREA N
11900 SW LINCOLN AVE
TIGARD,OR 97223
1 S135DD-04100
STARKS SHARON A 8
VILES CALLIE M
11790 5W 90TH AVE
TIGARD,OR 97223
2S1D2AA-01700
TIGARD AUTO STOP PARTNERS
2610 WETMORE AVE
PO BOX 1709 •
EVERETT,WA 98206 �
1 35DD-04407
TIG D OF
131 W HALL BLVD
T ARD, R 97223
1S135DD-04700
TIGARD PROFESSIONAL CENTER
P O BOX 23006
TIGARD,OR 97223
1 S135DD-04300
WELSH VICTOR B
20055 SW PACIFIC HWY STE 105
SHERWOOD,OR 97140
iS135DC-01900
WILLIAMS GERALD W SUSAN
11985 SW LINCOLN AVE
TIGARD,OR 97223
1S135DC-0780a
WINTER ELI RAVEN
12595 SW BROOKSIDE AVE
TIGARD,OR 97223
1S135DD-04601
ZEIDER RICHARD W&JANET K
15190 5W 133RD AVE
TIGARD,OR 97224
. - .
Nathan and Ann Murdock Gretchen Buehner
PO Box 231265 13249 SW 136th Place
Tigard, OR 97281 Tigard, OR 97224
Sue Rorman Mildren Design Group
11250 SW 82�d Avenue Attn: Gene Mildren
Tigard, OR 97223 7650 SW Beveland Street, Suite 120
Tigard, OR 97223
Naomi Gallucci
11285 SW 78th Avenue
Tigard, OR 97223
Michael Trigoboff
7072 SW Barbara Lane
Tigard, OR 97223
Brad Spring
7555 SW Spruce Street
Tigard, OR 97223
Alexander Craghead
12205 SW Hall Boulevard ,
Tigard, OR 97223-6210
David Chapman
9840 SW Landau Place
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
CPO 4M
Pat Whiting
8122 SW Spruce
Tigard, OR 97223
CITY OF TIGARD - EAST INTERESTED PARTIES �i:lcurpinlsetupllabelslClT East.doc) UPDATED: 2-Jun-05
. �
Nf FIDAVIT OF MAILING CITY*OFTIGARD
Cornmu��ity�1�ee:eCoprnent
Shaping�1�aetterCommurrity
I, �PatriciaL.Lunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorA�ministrativeSpeciaf�stfor the
City of7'�garc�'Was(zington County, Oregon and that I served the following:
{Check Appropnale Bo.(s�BeiowJ
❑X NOTICE OF DECISION fOR: MLP2005-00003/VAR2005-00012, 13, 14, 15 & 12 — WEL�H 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 Exhlblt"B", and by reference made a part
hereof, on September 29,2005,and deposited in the United States Mail on Septemder 29,2005, postage prepaid.
,� , , ,
% � � G
(Person epare Noti )
,S'�'A2rE OF O�EGON )
County o `Wasfiington )ss
Citj►of rgard ) ,rr�
Subscribed and sworn/affirmed before me on the� day of �� , 2005.
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P��Y C01�1h'�'::SIOP:. ',i3ES DEC.1,2007 •
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My C ssion Expires: �� - �-� �
� � EXHIBIT.�
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2005-00003 � ��
CITY OF TIGARD
WELSH PARTITION c°"�"�"ni�`"�°er�"`
S�raping A Better Community
0 = 5
SECTION I. APPLICATION SUMMARY
FILE NAME: WELSH PARTITION
FILE NOS: Minor Land Partition (MLP) MLP2005-00003
Variance (VAR) VAR2005-00012
Adjustment Vl�R VAR2005-00013
Ad�ustment VAR VAR2005-00014
Ad�ustment AR VAR2005-00015
Variance (V R) VAR2005-00072
PROPOSAL: The applicant is requesting approval to perForm a two-lot partition on a 0.3 acre
parcel. This partition will create Parcel #1 with approximately 5,371 square feet,
Parcel #2 with 7,205 s uare feet. There is an existing single-famil home on
proposed parcel #1 anda he applicant is proposing to build a duplex on proposed
parcel #2. The applicant has applied for two variances to the front yard setback of
parcel #1 and the adjoining parcel to the east (tax lot 4300) which has been
included in this application for a shared access. Adjustments have been proposed
for driveway spacing along a collector and from an arterial intersection.
APPLICANT/ Pathfinders Mortgage, Inc. APPLICANT'S Consulting Resources, Inc.
OWNER: Attn: Vic Welsh REP.: Attn: Randy Lytle, PE
20055 SW Pacific Highway, Suite 105 308 Pinehurst Drive
Sherwood, OR 97140 Newberg, OR 97132
ZONING
DESIGNATION: R-12 Medium Densit Residential. The R-12 zoning district is designed to
accommo ate a u range o ousing types, at. a minimum lot size of 3,050
square feet. A wide range of civic and institutional uses are also permitted
conditionally.
LOCATION: 11830 and 11850 SW Greenburg Road; WCTM 1S135DD Tax Lot, 4200 and 4300.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 1$.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscapin and
Screenin ); 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 MLP2005-00003 WELSH PARTITION PAGE 1 OF 21
. �
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY ONSITE
IMPROVEMENTS, INCLUDING DEMOLITION, GRADING, CLEARING, EXCAVATION AND/OR FILL
ACTIVITIES:
e app icant s a prepare a cover etter an su mit it, a ong wit any supporting ocuments
and/or plans that address the following req uirements to the CURRENT PLANNING DIVISION,
ATTN: MATHEW SCHEIDEGGER 503-639-4171, EXT 2437. The cover letter shall clearly identify
where in the submittal the required information is found:
1. Provide information regarding the type of tree to be used as street trees.
2. Follow guidelines of the City Forester as outlined under Section VI (Other Staff Comments).
3. Prior to commencin site work, the applicant shall submit a cash assurance for $6,687 (53.5
mitigation inches x $�25 per inch), which will be held for two years, at such time the developer will
confact the City's Arborist to verify survival. Once the City's Arborist is satisfied, the City will
release the assurance.
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 an�y supporting ocuments
and/or plans that address the followin requirements to the CURRENT PLANNING DIVISION,
ATTN: MATHEW SCHEIDEGGER 503-63�-4171, EXT 2437. The cover letter shall clearly identify
where in the submittal the required information is found:
4. Provide an access and maintenance agreement regarding the use and upkeep of the proposed
parking area.
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 DIVISIOI�, ATTN: KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal
the required information is found:
5. A Public Facility Improvement (PFI) permit is required for this project.to cover removal of the
driveways and construction of the shared driveway 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.tiqard-or.qov.).
6. The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who will �e�esignated as the "Permittee", and who will
provide the financial assurance for the public improvements. For example, specify if the entity is
a corporation, limited .partnership, LLC, etc. Also specify the state within which the entity is
incorporated and provide the name of the corporate contact person. Failure to provide accurate
information to the Engineering Department will delay processing of project documents.
7. 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 ad�oining 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.
8. Prior to final plat approval, the applicant shall pay an addressing fee. (STAFF CONTACT:
Shirley Treat, Engineering).
9. The applicant shall provide signage at the entrance of each shared flag lot driveway or private
street that lists the addresses that are served by the given driveway or street.
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 2 OF 21
10. The applicant's engineer shall submit preliminary sight distance certification, with a list of
improvements, for the shared driveway with the PFI permit application.
11. The applicant's engineer shall submit a final sight distance certification for the shared driveway
upon completion ofimprovements within the ROW.
12. The applicant shall submit construction plans to the Engineering Department as a part of the
Public Facility Improvement permit, indicating that they will construct the following frontage
improvements along SW Greenburg Road as a part of this project:
A. street trees in the planter strip spaced per TDC reauirements;
B. new shared driveway apron and removal of 2 existing driveways.
13. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate
in the future improvements of SW Greenburg Road adjacent to Tax Lots 4200 & 4300, 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.
14. Lot 1 shall not be permitted to access directly onto Greenburg Road. The driveway shall be
removed and the existing home shall use the shared access driveway. A note shall be placed on
the plat restricting access for Tax Lot 4200 along the Greenburg Road frontage except at the
approved shared access driveway.
15. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed
shared driveway will be jointly owned and maintained by the private property owners who abut
and take access from it.
16. 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.
17. The applicant,shall obtain approval from the Tualatin Valley Water District for the proposed water
connection prior to issuance of the City's Public Facility Improvement permit.
18. 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."
19. A final grading plan shall be submitted showing the existing and proposed contours. The plan
shall detail the provisions for surFace drainage of all lots, and show that they will be graded to
insure that surFace drainage is directed to the street or a public storm drainage system approved
by the Engineering Department. For situations where the back portions of lofs drain away from a
sfreet and toward adjacent lots, appropriate private storm drainage lines shall be provided to
sufficiently contain and convey runoff from each lot.
20. 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 tfie same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates
can be establishedby:
• GPS tie nefinrorked to the City's GPS survey.
NOTICE OF DECISION MLP2005-0DD03 WELSH PARTITION PAGE 3 OF 21
. By random traverse using conventional surveying methods.
21. 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 Greenburg Road shall be made on the finaf plat which
provides 50 feet from centerline alon Tax Lot 4200. Right-of-way dedication for
Greenburg Road shall be made on the�inal plat which provides 40 feet from centerline
along Tax Lot 4300 and an additional 10 feet of reserve ROW.
E. NOTE: Washington County will not begin their review of the final plat until they receive
notice from the Engineering Department mdicating 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 finro mylar copies of the final
plat for City Engineer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
e app icant s a prepare a cover etter an su mit it, a ong w�t any supporting ocuments
and/or plans that address the following requirements to the ENGINEERING DIVISION, ATTN: KIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal
the required information is found:
22. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
23. 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 utility improvements are
substantially completed, and 4) all street IigF�ts 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).
24. 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).
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 property is designated Medium-Density Residential on the Tigard Comprehensive Plan and Zoning
Map. A search of city records found no previous land use approvals associated with this parcel.
Site Information and Pro osal Descri tions
e app icant is requesting approva to create a two-lot partition on a 0.3 acre parcel. This partition will
create Parcel #1 with approximately 5,371 square feet and Parcel #2 with 7,205 square feet. There is
an existing single-family home on proposed parcel #1 and the applicant is proposing to build a duplex on
parcel #2. The applicant has applied for two variances to the front yard setback of parcel #1 and the
adJ'oining parcel to the east which has been included in this application for a shared access.
Adjustments have been proposed for driveway spacing along a collector and from an arterial
intersection.
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 4 OF 21
SECTION IV. PUBLIC COMMENTS
Notification was sent to all property owners within 500 feet of the subject site. No comments were
received.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
Variance and Ad'ustments: 18.370
e irec or s a approve, ap�rove with conditions, or deny an application for a variance based
on finding that the following criteria are satisfied:
A variance has been requested to reduce the required 20-foot front yard setback of tax lot 4200 to six
and a half feet. The applicant is also requesting the 20-foot front yard setback of tax lot 4300 be
reduced to one foot. The reasoning behind the variance is due to the required 20 feet of right-of-way
dedication needed along the entire frontage of tax lot 4200 and the 10-foot dedication along tax lot
4300's frontage with a 10-foot right-of-way reserve strip.
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;
The proposed variance is needed to develop the subJ�ect site while maintaining the single-family use that
is associated with the existing homes on tax lots 4200 and 4300. The proposed variance will not affect
abutting properties.
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 proposed application requires a dedication of ri ht-of-way which places the right-of-way within the
required setback. The required right-of-way dedica�ion is out of the applicant's control. There is no
alternative other than destroying the existing homes on the associated parcels. The subject homes are
the only homes that face and take access from SW Greenburg Road in the R-12 zone. Therefore, the
standard from which the applicant wishes to deviate from is not applicable to other properties in the
same zoning district.
The use proposed will be the same as Qermitted 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 use associated with the structures from which the variance is applied is single-family residential.
The requested variance will not change the use of the single-family homes.
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
No physical or natural system will be affected as a result of the requested variance. The requested
variance is to front yard setbacks, which are specific to the two tax lots.
The hardship is not self-imposed and the variance requested is the minimum variance which
would alleviate the hardship.
The proposed variance was not created by a self imposed hardship. As mentioned above, the
single-family homes located on the effected tax lots are the only homes within the R-12 zone that abut
SW Greenburg Road. The requested variance is truly the least needed to alleviate the hardship.
FINDING: Based on the analysis above, the criteria for a Variance have been met.
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 5 OF 21
A�d�'ustment to access and eqress standards Cha ter 18.705 .
The Direc or may approve, ap�rove wi con i ions, or eny a request for an ad�ustment from
the access requirements contained in Chapter 18.705, based on the following criteria:
The applicant has requested the following adjustments to the standards within the Chapter 18.705
(Access, Egress and Circulation):
. Driveway Width: (reduce the required 20 feet to 15 feet with 10 feet of pavement)
. Driveway setback from arterial intersection: ( reduce the required 600 feet to 592 feet)
. Driveway spacing on an arterial: (reduce the required 150 feet to 95 feet)
(1) It is not possible to share access;
The applicant has pro osed to combine finro of the three existing driveways at a reduced width accessing
tax lots 4200 and 43�0. Reducing the number of driveways accessing SW Greenburg Road, improves
safety.
(2) There are no other alternative access points on the street in question or from another street;
There is no other alternative access point to the sub1�ect site. The site is surrounded by existing
development and there is no other access point that will alleviate the adjustment to the spacing
standards or enough property to accommodate the proper access width.
(3) The access separation requirements cannot be met;
The two subject properties together have a total of 190 feet of frontage. The applicant has proposed the
new access to the rear duplex to be a total of 100 feet from the access to the east. There is no other
location on the site that will meet the access separation requirements along a collector. The applicant
has closed an existing access point on tax lot 4300, which did create a greater separation between
access points. This criterion is satisf'ied.
(4) The request is the minimum adjustment required to provide adequate access;
Due to the location of the subject site in relation to the intersection of SW Pacific Hwy, and SW
Greenburg Road and the existing development surrounding the site, the requested adjustments are the
least need to provide adequate access.
(5) The approved access or access approved with conditions will result in a safe access; and
The approved access will meet sight distance, and combining two of the three driveways will create a
safer access onto SW Greenburg Road. Tualatin Valley Fire and Rescue has reviewed the proposed
partition as well as the Tigard,Police Department. Neither agency has deemed the proposed access
width or location a safety hazard. Therefore, this standard is satisfied.
(6) The visual clearance requirements of Chapter 18.795 will be met.
Visual clearance will be assured by the provisions of Chapter 18.795. There are no indications from the
evidence submitted that such visual clearance is not obtainable.
FINDING: Based on the analysis above, the criteria for the requested adjustments have been satisfied.
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 b the analysis contained within this administrative decision and
through the imposition of conditions o�development approval. All necessary conditions must be satisfied
as part of the development and building process. Therefore, this criterion is met.
There are adequate public facilities available to serve the proposal;
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 6 OF 21
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 im rovements are discussed and conditioned as applicable 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 critenon 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.
There is no minimum lot width in the R-12 zoning district. However, proposed parcel #1 and #2 are 70
feet in width.
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 fhe lot area.
The minimum lot area requirement in the R-12 zoning district is 3,050 sq uare feet for detached
sin le-family units. The proposed partition creates two (2) lots that are 5,371 (Lot #1) and 7,205
(Lo�#2) square feet respectively. This criterion has been satisfied.
Each lot created through the partition process shall front a public right-of-way by at least 15 feet
or have a legally recorded minimum 15 foot wide access easement.
The proposed partition plat illustrates that parcel #1 will have approximately 70 feet of frontage on SW
Greenburg Road. Proposed.parcel #2 will have 15 feet of frontage on SW Greenburg Road. Therefore,
this standard has been satisfied.
Setbacks shall be as required by the applicable zoning district.
Setbacks for the R-12 zoning district are as follows: front, 15 feet; side, 5 feet; and rear, 15 feet. The
existing home on proposed parcel #1 has a front yard setback of 6 feet, side, 6 feet, rear, 21 feet. The
reduced front yard setback is addressed above under 18.370 (Variances and Adjustments). Setbacks
for the future homes will be reviewed at time of building permit. Therefore, this standard has been
satisfied.
When the partitioned lot is a flag lot, the developer may determine the location of the front yard,
provided that no side yard is less than 10 feet. Structures shall generally be located so as to
maximize separation from existing structures.
Proposed parcel two is a flag lot. However, the applicant has not proposed an alternative front yard.
Therefore, the proposed duplex is only required to provide a five foot setback. The applicant has shown
a six foot setback. This criterion is satisfied.
A screen shall be provided along the properiy 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 access to proposed parcel #2 straddles the common property line of tax lot 4200 and 4300.
Therefore, the proposed access is not within ten feet of an abutting parcel. This standard does not
apply.
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.
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 7 OF 21
The nearest fire hydrant is approximately 215 west of the proposed access drive to parcel #2. Tualatin
Valley Fire and Rescue has reviewed the proposal and has not conditioned another fire hydrant.
Therefore, no additional fire hydrants will be required with this partition.
Where a common drive is to be provided to serve more than one lot, a reciprocal easement
which will ensure access and maintenance rights shall be recorded with the approved partition
map.
The driveway to proposed parcel #2 will also serve the existing home on parcel #1. The applicant has
proposed a reciprocal access easement to be recorded. Therefore, this standard has been satisfied.
Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and
Circulation.
This standard is addressed under Chapter 18.705 (Access, Egress and Circulation) later in this decision.
Where landfill and/or development is allowed within or adjacent to the one-hundred year
floodplain, the city shall rec�uire consideration of the dedication of sufficient open land area for
greenway adjoining and within the floodplain. This area shall include portions at a suitable
elevation for the construction of a pedestrianlbicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan.
The partitioned lots are not within nor adjacent to a one-hundred-year floodplain. Therefore, this
standard does not apply.
An application for a variance to the standards prescribed in this chapter shall be made in
accordance with Chapter 18.370, Variances and Adjustments. The applications for the partition
and variance(s)ladjustment(s) will be processed concurrently.
The applicant has applied for variances and adjustments, which have been addressed above, under
18.370 (Variances and Adjustments).
FINDING: Based on the analysis above, the Land Partition standards have been met.
Residential Zoninq Districts (18.510):
eve opmen s n ar s in reside�ial zoning districts are contained in Table 18.510.2 below:
TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-12
Minimum Lot 5ize
-Detached unit 3,050 sq.ft.
-Duplexes
-Attached unit
Average Minimum Lot Width
-Detached unit lots None
-Duplex lots
-Attached unit lots
Maximum Lot Covera e 80°/a
Minimum Setbacks
-Front yard 15 ft.
-Side facing street on corner 8�through lots 10 ft.
-Side yard 5 ft.
-Rear yard 15 ft.
-Side or rear yard abutting more restrictive zoning district 30 ft.
-Distance between property line and front of garage 20 ft.
Maximum Hei ht 35 ft.
Minimum Landsca e Re uirement 20%
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 8 OF 21
The proposed lots range in size from 5,371 square feet to 7,205 square feet. The applicant applied to
vary the setbacks of the base zone, and building height requirements will be reviewed during the building
permit review process. Therefore, this section is satisfied.
FINDING: Based on the analysis above, the residential zoning district dimensional standards are
satisfied.
Access, Eqress and Circulation (18.705):
Continuing obli�ation of property owner. The provisions and maintenance of access and e ress
stipulated in this title are continuing requirements for the use of any structure or parcel o� real
property in the City.
Access shall be continually maintained. Therefore, this standard has been satisfied.
Access Manaqement (Section 18.705.030.H)
ec ion . . . s es a an access report shall be submitted with all new development
proposals which verifies design of driveways and streets are safe by meeting adequate stacking
needs, sight distance and deceleration standards as set by ODOT, Washingfon County, the City
and AASNTO.
The applicant did not address this section as requested during the app lication completeness process.
The applicanYs engineer shall provide preliminary sight distance certification for the proposed shared
access along with a list of improvements required to achieve adequate sight distance. This shall be
submitted with the PFI permit application. Upon completion of the improvements, the applicant's
engineer shall submit final sight distance certification.
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 intersectin� street to the throat of the proposed driveway. The setback may be
�reater depending upon the influence area, as determined from City Engineer review of a traffic
impact re�ort submitted by the applicant's traffic engineer. In a case where a project has less
than 150 feet of street fron�age, the applicant must explore any option for shared access with the
adjacent parcel. If shared access is not possible or practical, the driveway shall be placed as far
from the intersection as possible.
There are currently 3 driveways that serve tax lots 4200 &4300. The applicant is proposing to close two
of the existing driveways, leaving the eastern most driveway, and providing a shared driveway befinreen
the two�arcels. The proposed driveway is only about 130 feet from the intersection of Greenburg Road
and 90t Avenue. The lot frontage is only 70 feet wide. The applicant has proposed both a shared
driveway and that the driveway be placed as far from the intersection as possible, thereby meeting this
critenon.
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 streefs along a local street shall be 125 feet.
Greenburg Road is an Arterial on the City of Tigard's Transportation System Plan. The applicant has
requested an adjustment to the spacing standard of 600 feet. There is no possible way to meet the
standard and still be provided with an access to the proposed development. The applicant has
proposed a shared driveway with Tax Lot 4300. This eliminates two existing driveways, reducing the
three existing driveways to two driveways.
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.
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 9 OF 21
Joint access has been proposed between tax lot 4200 and the proposed parcel. The applicant has
indicated that a joint access easement will be submitted to the City for review. Therefore, this standard
has been satisfied.
Public street access. All vehicular access and egress as required in Sections 18.705.030H and
18.705.0301 shall connect directly with a public or private street approved by the City for public
use and shall be maintained at the required standards on a continuous basis.
The proposed parcels will have access to SW Greenburg Road. 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.
Tualatin Valley Fire and Rescue has reviewed the proposal and offered comments. However, there was
no mention of the proposed access drive. Therefore, this standard has been satisfied.
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%.
The access drive to proposed parcel #2 is approximately 75 feet in length. 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.
Staff does not foresee any need to restrict the location of access on the proposed parcels.
FINDING: Based on the analysis above, the Access, Egress and Circulation standards have been
met.
Densitv Computations (18.7151:
A. Definition of net development area. Net development area, in acres, shall be determined
by subtracting the followin land area(s) from the gross acres, which is all of the land
included in the legal descrip�ion of the property to be developed:
1. All sensitive land areas
2. All land dedicated to the public for park purposes;
3. All land dedicated for public ri hts-of-way.
4. All land proposed for private s�reets• and
5. A lot of at least the size required by �he 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
residentiar units per net acre, divide the number of square feet in the net acres by the
minimum number of square feet required for each lot in the applicable zoning district.
C. Calculating minimum number of residential units. As required by Section 18.510.040, the
minimum number of residential units per net acre shall be calculated b multiplying the
maximum number of units determined in Subsection B above by 80% (0.8�
The standards for density computation provide for the intensity of residential land uses, usually stated
as the number of housing units per acre. The total square footage of the subject property is 12,576
square feet. However, to determine the net developable area, 3,481square feet is subtracted for the
existing house on parcel #1, and 1,400 square feet is subtracted for right-of-way dedication and 490
square feet is subtracted for the access easement to proposed parcel #2. This results in a net
developable area of 7,205 square feet. As the minimum lot size for the R-12 zone is 3,050 square
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 10 OF 21
feet, the maximum number of additional residential units is two �2). The minimum number of
residential units is one (1). The applicant is proposing a duplex, which is considered two additional
units. Therefore, the density for the subject property has been met.
FINDING: Based on the analysis above, the Density Computation Standards have been met.
Landscapinq and Screeninq (18.7451:
Bufferin and Screenin : 18.745.050
u er consis o an area wi in a required setback adjacent to a property line and having a
depth equal to the amount specified in the buffering and screening matrix and containing a
length equal to the length of the property line of the abutting use or uses;
Proposed parcel #2 abuts a single-family residence at the northwest property line and a C-P zone at the
northeast property line. The applicant is proposing a duplex to be located on parcel #2. The applicant
has shown a 10-foot buffer to the northwest, planted with lawn which is consistent with the required "A"
buffering standard of the buffering matrix. The applicant has shown a ten foot buffer along the northeast
property line that consists of Oregon Grape, planted to form a hedge. The applicant has also shown
Leyland Cypress to be planted within the buffer, which is consistent with the required "C" buffering
standard of the buffering matnx. Therefore, this standard is satisfied.
A buffer area may only be occupied by utilities, screening, sidewalks and bikeways, and
landscaping. No buildings, accessways or parkin� areas shall be allowed in a buffer area except
where an accessway has been approved by the City;
The applicant has not proposed to place anything in the required buffers. Therefore, this standard does
not apply.
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 fength approved after the adoption of this title shall be
required to plant street trees in accordance with the standards in Section 18.745.040C.
This proposed project has frontage on SW Greenburg Road. The applicant has indicated that street
trees will be planted; however, there is no mention as to the type of tree being used. Therefore, the
applicant is required to provide information regarding the type of tree to be used as street trees.
FINDING: Based on the analysis above, the Landscaping standards have not been fully met.
However, if the applicant complies with the condition below, the Landscaping standards
will be met.
CONDITIONS:
. Provide information regarding the type of tree to be used as street trees.
. Follow guidelines of the City Forester as outlined under Section VI (Other Staff
Comments).
Off-Street Parkinq and Load�in Rec�uirements 18.765 :
ap er $'lb`��61e�'$765.2 requires �in�mily residences be provided with one (1)
off-street parking space for each dwelling unit.
The applicant has proposed an off-street parking area for the pro osed parcels that consists of three
parking stalls. According to the parking matrix of Chapter 18.765 �Off-Street Parking) only one parking
stall is required per residence when the residence is either a detached single-family home or a duplex.
However, the applicant will be required to provide an access and maintenance agreement regarding the
use and upkeep of the proposed parking area.
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 11 OF 21
FINDING: Based on the analysis above, the Landscaping standards have not been fully met.
However, if the applicant complies with the condition below, the Off-Street Parking and
Loading standards will be met.
CONDITION: Provide an access and maintenance agreement regarding the use and upkeep of the
proposed parking area.
Tree Removal (18.790):
ree p an or f�e p�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 pre�erred over removal wherever possible.
There is one 52 inch Willow tree located on-site. The applicant has proposed to remove the tree and
mitigate 100 percent of the inches. A mitigation plan has been submitted by the applicant showing ten
buffer trees to be planted at 3.5 inches instead of the required two inches. The applicant has also shown
an additional eleven trees planted on-site at 3.5 inches. Therefore, the applicant is,planting 53.5 inches
of mitigation. Therefore, the mitigation requirements have been satisfied. Additional comments and
conditions from the City's Arborist can be found under Section VI. (Other Staff Comments).
FINDING: Based on the analysis above, the Tree Removal Standards have not been met.
CONDITION: Prior to commencing site work, the a plicant shall submit a cash assurance for $6,687
(53.5 mitigation inches x $125 per inch� which will be held for two years, at such time the
developer will contact the City's Arborist to verify survival. Once the City's Arborist is
satisfied, the City will release the assurance.
Visual Clearance Areas 1� 8.795):
is 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 triangular area formed by measuring from the
corner, 30-feet along the right of way and along the driveway and connecting these two points
with a straight line.
According to the applicant, there are no proposed obstructions that would reduce proper sight distance.
A clear vision area will be maintained at the corners of the proposed driveway to the rear lot (proposed
lot #2) as shown in exhibit D, Sight DistanceNisual clearance sketch and calculations submitted by the
applicant.
FINDING: Based on the analysis above, the Visual Clearance standards have been met.
PUBLIC FACILITY CONCERNS
Street And Utility Improvements Standards (Section 18.810�
ap er . proviaes cons ruc ion s n ar s or f�implementation of public and private
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be
improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion
of an existing street shall be dedicated and improved in accordance with the TDC.
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 12 OF 21
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires an Arterial street to
have a 100 foot right-of-way width and 72-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 adJ�acent to SW Greenburg Road, which is classified as an Arterial on the City of Tigard
Transportation Plan Map. At present, there is approximately 30 feet of ROW from centerline, according
to the most recent tax assessor's map. The applicant should dedicate the additional ROW to provide 50
feet from centerline.
Because the applicant owns both parcels and is proposing a shared access driveway over both parcels,
the applicant must also dedicate a minimum of 10 feet of ROW and a 10 foot wide reserve strip of ROW
along the frontage of Tax Lot 4300.
SW Greenburg Road is currently partially improved. In order to mitigate the impact from this
development, fhe applicant should remove two existing driveways, replace with standard curb and
gutter, construct the shared driveway apron, install streef trees and enter into a restrictive covenant for
future street improvements for both Tax Lots 4200 &4300.
Future Street Plan and Extension of Streets: Sec6on 18.810.030.F states that a future street plan
shall be filed which shows the pattern of existing and proposed future streets from the
boundaries of the proposed land division. This section also states that where it is necessary to
give access or permit a satisfactory future division of adjoining land, streets shall be extended to
fhe boundary lines of the tract to be developed and a barricade shall be constructed at the end of
the street. These street stubs to adjoining properties are not considered to be cul-de-sacs since
they are intended to continue as through streets at such time as the adjoining properiy is
developed. A barricade shall be constructed at the end of the street by the property owners
which shall not be removed until authorized by the City Engineer, the cost of which shall be
included in the street construction cost. Temporary hammerhead turnouts or temporary cul-de-
sac bulbs shall be constructed for stub streets in excess of 150 feet in length.
Due to existing development there are no opportunities for future street extensions.
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 ex�sting 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, nei�hborhood 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 topog raphically constrained if the slope is greater
than 15% for a distance of 250 feet or more. fn 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 appticant must show why the constraint precludes some
reasonable street connection.
Due to existing development, street configuration and street spacing standards along an
Arterial there are no connection of extension opportunities.
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 buirding 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:
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 13 OF 21
. Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre-existing development or;
. For blocks adjacent to arterial streets, limited access highways, major collectors or
railroads.
. For non-residential blocks in which internal public circulation provides equivalent access.
No blocks will be created as a result of the proposed partition. Therefore, this standard does not apply.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements
or right-of-ways shall be provided when full street connection is not possible. Spacing between
connections shall be no more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict adherence to other standards
in the code.
There are no new streets associated with this application. Therefore, this standard does not apply.
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being more than 2.5 times
the average lot width, unless the parcel is �ess than 1.5 times the minimum lot size of the
applicable zoning district.
No lot will have a depth more than 2.5 times the average width. Therefore, this standard is satisfied.
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 parcel (parcel #2) will have 15 feet of frontage on to SW Greenburg Road. Parcel #1 will
have 70 feet of frontage, and the parcel to the east of the subject parcel will have 120 feet of frontage.
Therefore, this standard is satisfied.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design
standards and be located on both sides of arterial, collector and local residential streets. Private
streets and industrial streets shall have sidewalks on at least one side.
The applicant will enter into a restrictive covenant for future street improvements along the frontage of
Tax Lots 4200 8� 4300. The street improvements will include a public sidewalk, thereby meeting this
criterion.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construction Standards for Sanitary and SurFace Water
Management (as adopted by Clean Water Services in 1996 and including any future revisions or
amendments) and the adopted policies of the comprehensive plan.
Over-sizin�: Section 18.810.090.0 states that proposed sewer systems shall include
consideration of additional development within the area as projected by the Comprehensive
Plan.
The applicant has proposed a public sewer line extension to serve the two existing homes and the
proposed duplex.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make adequate provisions for
storm water and flood water runoff.
Accommodation of U pstream Drainage: Section 18.810.100.0 states that a culvert or other
drainage facility shall be large enough to accommodate potential runoff from its entire upstream
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 14 OF 21
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
drainaye facility, the Director and Engineer shall withhold approval of the development until
provisions have been made for improvement of the potential condition or until provisions have
been made for storage of additional runoff caused by the development in accordance with the
Design and Construction Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno
Creek Watershed Management Plan. Section V of that plan includes a recommendation that local
governments institute a sformwater detention/effective impervious area reduction program resulting in no
net increase in storm peak flows up to the 2�5-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.
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 detention facility to accommodate 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.
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.
Greenburg Road is a designated bicycle facility: The restrictive covenant for half-street improvements
will include bicycle lanes, thereby meeting this criterion.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surFace mounted transformers, surface mounted connection boxes and
meter cabinets which may be placed above ground, tem porary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or above, and:
• The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
. The City reserves the right to approve location of all surface mounted facilities;
. All underground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
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 whicl� are not under round will serve the development and the
approval authority determines that the cost and �echnical difficulty of under-g rounding the
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
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 15 OF 21
are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of
under-grounding.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
Public Water S stem:
e ua a in a ey ater District (TVWD provides service in this area. The applicant shall submit
plans to TVWD for review and approval of t e new water service(s): The applicant shall provide the City
with copies of the TVWD approval prior to issuance of the PFI permit.
Storm Water Quali :
e i as agree to enforce Surface Water Management (SWM) regulations established by
Clean ater Services (CWS) Design and Construction Standards (adopted by Resolution and
Order No. 00-7) which require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm
water runofF generated from newly created impervious surfaces. In addition, a maintenance plan
shall be submitted indicating the frequency and method to be used in keeping the facility
maintained through the year.
The CWS standards include a provision that would exclude small projects such as residential land
partitions. It would be impracticaf to require an on-site water quality facility to accommodate treatment of
the storm water from Parcel 2. Rather, the CWS standards provide that applicants should pay a fee
in-lieu of constructing a facility if deemed appropriate. Staff recommends payment of the fee in-lieu on
this application.
Gradin and Erosion Control:
esign an ons ruc ion Standards also reg ulate erosion control to reduce the amount of
sediment and other pollutants reaching the public storm and surface water system resulting
from development, construction, grading, excavating, clearing, and any other activity whicFi
accelerates erosion. Per CWS regulations, the applicant is required to submit an erosion control
plan for City review and approval prior to issuance of City permits.
The Federal Clean Water Act requires that a National Pollutant Discharge Elimination System
(NPDES) erosion control permit be issued for any development that will disturb one or more acre
of land. Since this site is over five acres, the developer will be required to obtain an NPDES
permit from the City prior to construction. This permit will be issued along with the site and/or
building permit.
Address Assi nments:
e i o igar is responsible for assigning addresses for parcels within the City of Tigard and within
the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address shall be
assessed. This fee shall be paid to the City prior to final plat approval.
The developer will also be required to provide signage at the entrance of each shared flag lot driveway
or private street that lists the addresses that are served by the given driveway or street. This will assist
emergency services personnel to more easily find a particular home.
Surve Re uirements:
e app ican s ina p at shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a
tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
established by:
. GPS tie nefinrorked to the City's GPS survey.
. By random traverse using conventional surveying methods.
In addition, the appIicanYs 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
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 16 OF 21
State Plane Coordinates, referenced to NAD 83 (91).
�Imp act Study 18.390
�c 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 a�Qlicant shall provide an impact study to quantify the
effect of development on public facilities and services. For each public facility system and
type of impact, the study shall propose improvements necessary to meet Cit� standard, and to
minimize the impact of the development on the public at large, public facilities systems, and
affected private 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 supporfs that the real property dedication is not roughly
proportional to the projected impacts of the development. Section 1$ 390.040 states that when a
condition of 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. Any req uired street im rovements to certain collector or
higher volume streets and the Washington County Traffc Impact Fee �TIF) are mitigation measures that
are required at the time of development. Based on a transportation impact study prepared by Mr. David
Larson for the A-Boy Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of
the traffic impact of new development on the Collector and Arterial Street system. The total TIF for a
single-family dwelling is $2,690 per unit.
Based on the estimate that total TIF fees cover 32 percent of the impact on major street improvements
citywide, the TIF fee is $5,380($2,690 times two new units). Based on the estimate that total TIF fees
cover 32 percent of the impact on ma or street improvements citywide, a fee that would cover 100
percent of this proJ�ects traffic impact is �16,812($5,380 divided by .32). Given that the estimated cost of
the dedication and half-street improvements is $11,432 the value of these improvements is less than the
value of the unmiti�ated impacts. The difference between the TIF paid, and the full im act, is
considered the unmitigated impact on the street system $38,570($570 (R-O-W Dedication) + �38,000
(1/2 street Improvements). The exactions are proportionate.
SECTION VI. OTHER STAFF COMMENTS
City of Tigard Public Works Department has reviewed the proposal and has no objections to it.
City of Tigard Police Department has reviewed the proposal and has no objections to it.
City of Tigard Building Department has reviewed the proposal and has no objections to it.
City of Tigard Forester has reviewed the proposal and has offered the following comments:
LANDSCAPING AND SCREENING
18.745.030.C, Installation Requirements The installation of all landscaping shall be as follows:
All landscaping shall be installed according to accepted planting procedures. 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 ofher future revisions); and
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 e standards set forth in the American Institute of Architects' Architectural
Graphic Standards, 10 h 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
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 17 OF 21
directions for soil amendments and modifications.
In order to develop tree species diversity onsite it is recommended that the following guidelines be
followed:
No more than 30°/a of any one family be planted onsite.
No more than 20% of any one genus be planted onsite.
No more than 10% of any one species be planted onsite.
18.745.030.E Protection of Existin Landsca in . Existing vegetation on a site shall be
pro ec e as muc as possi e:
The developer shall provide methods for the protection of existing vegetation to remain during
the construct�on process; and 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 A roval of Existin Ve etation. The review procedures and
s n ar s or require an scaping an screening s a e 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
ro ec ion o existin ve etation. All development projects fronting on a public street,
priva e s ree or a private riveway 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 e standards set forth in the American Institute of Architects' Architectural
Graphic Standards, 10�h 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:
No more than 30% of any one family be planted onsite.
No more than 20% of any one genus be planted onsite.
No more than 10% of any one species be planted onsite.
2. TREE REMOVAL
18.790.030, Tree Plan Requirement
A. Tree lan re uired. A tree plan for the planting, removal and protection of trees
prepare y a ce i ie ar orist 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 re uirements. The tree plan shall include the followin�:
1. Tc�en i ica ion o e 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
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 18 OF 21
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 af�er construction.
As required, the applicant .submitted a tree plan that was conducted by a certified arborist, Dave
Halstead. The report contains the four required components, and, is therefore, acceptable.
There is a discrepancy in the plans where the Landscape Legend on Sheet 9 of 9 indicates that the
mitigation trees will be planted 10 feet on center, but the drawing right,next to the legend indicates the
spacing will be 15 feet on center. I have attached a copy of my guidelines for planting mitigation trees
on private property. These trees should not be planted any closer than 20 feet on center.
The applicant should not be allowed to plant Leyland cypress as mitigation trees. I suggest the
developer plant bi leaf maple, Douglas fir, Oregon ash or western red cedar as miti�ation tree
species. As indica�ed on the Landscape Plan, Leyland cypress is not native to Oregon since it is a
hybrid cross between the Monterey cypress and the Alaskan cedar.
I suggest planting native species of trees as some or all of the 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.
SECTION VII. AGENCY COMMENTS
Tualatin Valley Fire and Rescue has reviewed the proposal and offered the following comments:
FIRE APPARATUS ACCESS ROAD DISTANCE FROM BUILDING AND TURNAROUNDS: Access
roa s s a e wi in eet o a portions o e extenor wa o e irs s ory o e uilding as
measured by an approved route around the exterior of the building. An approved turnaround is
required if the remaining distance to an approved intersecting roadway, as measured along the fire
apparatus access road, is greater than 150 feet.
This condition is satisfied.
DEAD END ROADS: Dead end fire apparatus access roads in excess of 150 feet in length shall be
provi e wi an approved turnaround.
No turnaround is required based on the length of the access roadway.
FIRE APPARATUS ACCESS ROAD EXCEPTION FOR AUTOMATIC SPRINKLER PROTECTION:
en ui ings are comp e e y pro ec e wit an approve au oma ic ire sprin er sys em, e
requirements for fire apparatus access may be modified as approved by the fire code official.
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 19 OF 21
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. 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.
Parking shall not be allowed along the access roadway.
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
supporting such loading.
TURNING RADIUS: The inside turning radius and outside turning radius shall be not less than 28
ee an ee respectively, measured from the same center point.
GATES: Gates securing fire apparatus roads shall comply with all of the following:
��linimum unobstructed width shall be 16 feet, or two 10 foot sections with a center post or
island.
. Gates serving one- or two-family dwellings shall be a minimum of 12 feet in width.
. Gates shall be set back at minimum of 30 feet from the intersecting roadway.
. Gates shall be of the swinging or sliding type
. Manual operation shall be capable by one person
. Electric gates shall be equipped with a means for operation by fire department personnel
. Locking devices shall be approved.
SINGLE FAMILY DWELLINGS - REQUIRED FIRE FLOW: The minimum available fire flow for
sing e ami y we ings an up exes serve y a municipa water supply shall be 1,000 gallons per
minute. If the structure s) is (are) 3,600 square feet or larger, the required fire flow shall be
determined according to I�C Appendix B.
FIRE HYDRANTS – ONE- AND TWO-FAMILY DWELLINGS & ACCESSORY STRUCTURES:
ere a po ion o a s ruc ure is more an ee rom a y ran on a ire appara us access roa ,
as measured in an approved route around the exterior of the structure(s), on-site fire hydrants and
mains shall be provided.
The existing fire hydrant located on Greenburg Rd. is acceptable to satisfy this requirement.
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.
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
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 20 OF 21
Final Decision:
THIS DECISION IS FINAL ON SEPTEMBER 29, 2005 AND BECOMES
EFFECTIVE ON OCTOBER 14, 2005 UNLESS AN APPEAL IS FILED.
A��eal:
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may
appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development
Code which provides that a written appeal together with the required fee shall be filed with the Director
within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule
and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard,
Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that
may be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON OCTOBER 13, 2005.
Questions:
yoTf u �e any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigard, Oregon at (503) 639-4171.
- � ;�� �
, /
" `� , ' '�t` -< < < C.`t � Se tember 29 2005
� t ew i egger
� Associate f'lanner
��-�X .�.w�-- Se tember 29 2005
. ic ar ewers o
Planning Manage
i:�curpinUnathewWlLPUnIp2004-00004 decision.doc
NOTICE OF DECISION MLP2005-00003 WELSH PARTITION PAGE 21 OF 21
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S�TE PLAN
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- - � . - .
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� 13125 SW Hall Blvd
Tigard,OR 97223
(503)639-4171
httplP.vNw.ci.tiga rd.or.us
Community Development Plot date:Aug 8,2005;C:lmagicWIAGIC03.APR
• Pathfinders Mortgage, Inc. �
Attn: Vic Welsh MLP2005-00003 EXH i B IT
20055 SW Pacific Highway, Suite 105 WELSH PARTITION
Sherwood, OR 97140
Consulting Resources, Inc.
Attn: Randy Lytle, PE
308 Pinehurst Drive
Newberg, OR 97132
Mastranunzio Family Trust Trust
By Mastranunzio Keith TRS
By Pathfinder Homes LLC
20055 Pacific Hwy., Suite 105
Sherwood, OR 97140
APPLICANT
MATERIALS
1 �
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.: MLP2005-00003NAR2005-00012, 13, 14, 15 8� 72
Land Use File Name: WELSH PARTITION
I, Mathew Scheideqqer, 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 approximate location(s) IF no address(s)
and/or tax lot(s) currently registered)
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 day of , 2005.
Signature of Person Who Performed Posting
h:\IoginlpattyUnasterslaffidavit of posting for staff to post a site.doc
..
MINOR LAND PARTITION (MLP) 2005-00003/VARIANCE (VAR) �
2005-000 I 2/ADJ USTM ENTS (VAR) 2005-000 I 3, I 4, I 5 & 72
� REQUEST: The applicant is requesting approval to perForm a two-lot Minor Land
Partition on a 0.3 acre parcel. This partition will create Parcel #1 with approximatelv
5,371 square feet and Parcel #2 with 7,205 square feet. There is an existing singl�
family home on proposed Parcel #1 and the applicant is proposing to build a duplex on
Parcel #2. The applicant has applied for two Variances to the front yard setback of
Parcel #1 and the adjoining parcel to the east which has been included in this
application for a shared access. Adjustments have been proposed for driveway
spacing along a collector and from an arterial intersection. LOCATION: 11830 and
11850 SW Greenburg Road; WCTM 1 S135DD, Tax Lots 4200 and 4300.
C�MPREHENSIVE PLAN DESIGNATION: Medium-Density Residential District.
ZONE: R-12: The R-12 zoning district is designed to accommodate a full range nf
housing types at a minimum lot size of 3,050 square feet. A wide range of civic a� .�
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, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810.
Further information may be obtained from the Planning Division (staff contact: Mathew
Scheideqqer) at 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503-639-4171 , or by
email to Matts(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.
� ' � PRE,APP.HELD BY:
CITY OF TIGARD PLANNING DIVISION �
13125 SW HALL BOULEVARD TIGARD, OR 97223-8189 '"������
503.639.4171/503.684.7297 O 1 2��;,
CITY OF TIGARD v
OREGON LAND USE PERMIT APPLICATIDN ;�`fYO�T�GARL
t�.l�!'�!F"�`'+�
File# ! � Q(�"�-tit�?`7� Other Case # ����5—/:� /� / %��
Date By�� Receipt# City ❑ Urb ❑ Date Cqmplete �
TYPE OF PERMIT YOU ARE APPLYING FOR
�AdjustmenWariance (I or II) �Minor Land Partition (II) ❑ Zone Change (III)
❑ Comprehensive Plan Amendment (IV) ❑ Planned Development(III) ❑ Zone Change Annexation (IV)
❑ Conditional Use (III) ❑ Sensitive Lands Review (I, II or III) ❑ Zone Ordinance Amendment {IV)
❑ Historic Overlay(II or III) ❑ Site Development Review (II)
❑ Home Occupation (II) ❑ Subdivision (II or III)
ress i avai a e
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ac is i more an one
'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 I
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APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET.
� � c
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).
�iGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
L� ` - /L, ,
� �� - '� =r
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Owner'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
Applicant/Agent/Representative's Signature Date
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. �
CITY Of TGARD
('otnmu�tity•[7ec�elopment
,S�Qping,�Better��ominunit
LAND USE PROPOSAL DESCRIPTION
120 DAYS = 12/3/2005
FILE NOS.: MINOR LAND PARTITION (MLP) 2005-00003
VARIANCE (VAR 2005-0001 Z
ADJUSTMENT �AR 2005-00013
ADJUSTMENT VAR 2005-00014
ADJUSTMENT VAR 2005-00015
v�fRN� VAR 2005-00072
FILE TITLE: WELSH PARTITION
APPLICANT/ Pathfinders Mortgage, Inc. APPLICANT'S Consulting Resources, Inc.
OWNER: Attn: Vic Welsh REP.: Attn: Randy Lytle, PE
20055 SW Pacific Highway, Suite 105 308 Pinehurst Drive
Sherwood, OR 97140 Newberg, OR 97132
REQUEST: The applicant is requesting approval to perform a two-lot Minor Land Partition on a 0.3
acre parcel. ,This partition will create Parcel #1 with approximately 5,371 square feet and
Parcel #2 with 7,205 square feet. There is an existing single-family home on proposed
Parcel #1 and the applicant is proposing to build a duplex on Parcel #2. The applicant
has applied for two Variances to the front yard setback of Parcel #1 and the ad�oining
parcel to the east which has been included in this, application for a shared access.
Ad�ustments have been proposed for driveway spacing along a collector and from an
arterial intersection.
LOCATION: 11830 and 11850 SW Greenburg Road; WCTM 1 S135DD, Tax Lots 4200 and 4300.
COMP. PLAN
DESIGNATION: Medium-Density Residential District.
ZONE: R-12: The R-12 zoning district is designed to accommodate a full range of housing
types at a minimum lot size of 3,050 square feet. A wide range of civic and
institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390, 18.420, 18.510, 18.705,
18.715, 18.725, 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: AUGUST 8, 2005 DATE COMMENTS ARE DUE: AUGUST 22, 2005
❑HEARINGS OFFICER [MONJ DATE OF HEARING: TIME: 1:00 PM
❑PLANNING COMMISSION [MONJ DATE OF HEARING: TIME: 7:00 PM
❑CITY COUNCIL RUESJ DATE OF HEARING: TIME: ]:30PM
�STAFF DECISION [TENTATIYEI DATE OF DECISION: SEPTEMBER 15, 2005
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION �
� VICINITY MAP � PARTITION PLAT � TREE PLAN
� SITE PLAN � CWS LETTER � IMPACT STUDY
� NARRATIVE ❑ GRADING PLANS � OTHER:
STAFF CONTACT: Mathew Scheideqqer, Associate Planner (503) 639-4171, Ext. 2437
w �
PUB�IC�ACILlTY PLAN Project: elsh Partition
C�MPLETENESS CHECKLIST Date: 3/23/05
GRADING
� Existin and ro osed contours shown.
Are there radin impacts on ad�acent arcels?
� Ad'acent arcel rades shown.
❑ Geotech stud submitted?
STREETISSUES
� Ri ht-of-wa clearl shown.
� Centerline of street s clearl shown.
� Street name s shown.
� Existin / ro osed curb or ed e of avement shown.
❑ Street rofiles shown.
❑ Future Street Plan: Must show street profiles, topo
on ad'acent arcel s , etc.
❑ Traffic Im act and/or Access Re ort
❑ Street rades com liant?
� Street/ROW widths dimensioned and a ro riate?
❑ Private Streets? Less than 6 lots and width Adjusfinent requested, but narrative does
appropriate? not address the criteria and how this meets
it.
�t�eel4 Spacing standards cannot be met,
but applicant did not state what spacing can
be achieved and how this meets the
ad'ustment criteria.
❑ Other: 1) Sight Distance 18.705.030.H.1, 2) 9) Must provide preliminary sight distance
18.7050.030.H.2-4 Applicant should address these certification and list of improvements
sections and refer to adjustment section - not just required to achieve it with Land Use
skip this section, application. 2)Address these secfions and
refer to Ad'ustment section.
SANITARY SEWER ISSUES
❑ Existing/proposed lines shown. Proposed line must be public in an
easement.
� 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? Note meter size for du lex.
❑ Pro osed fire rotection s stem shown?
STORM DRAINAGE AND WATER QUALITY ISSUES
� Existin / ro osed lines shown?
❑ Preliminary sizing calcs for water quality/detention
rovided?
REVISED: 03/23/05
.
❑ Wat.!r ualit /detention faci�. ,nown on lans?
❑ Area for facilit match r uirements from calcs?
❑ Facilit shown outside an wetland buffer?
❑ Storm stubs to ad�acent arcels re uired/shown?
The submittal is hereby deemed ❑ COMPLETE � INCOMPLETE
By: ` { �;� Date: 3-23-05
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REVISED: 03/23/05 ;�
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March 30, 2005
CITY OF TIGARD
Pathfinders Mortgage OREGON
Attn: Vic Welsh
20055 SW Pacific Highway
Sherwood, OR 97140
Dear Mr. Welsh:
RE: Notice of Incomplete Application Submittal MLP2005-00003
The City has not received the information necessary to begin the review of your Minor
Land Partition application. Staff has, therefore, deemed your application submittal as
incomplete. In order for staff to proceed, the following materials will need to be
submitted:
. Apply for an adjustment to screening of driveway. No adjustment is
needed for setbacks if proposed driveway is in an easement. Be sure to
address the adjustment criteria of Section 18.370.020.C.5. of the Tigard
Community Development Code for all adjustments to Chapter 18.705
(Access Egress and Circulation).
. Please address Section 18.730.020.0 of the Development Code in your
na�rative.
. Provide a copy of the Deed/Title/Proof of Ownership.
. Provide a copy of the Pre-Application Conference Notes.
. The items in the enclosed public facility completeness checklist must be
addressed. Any questions pertaining to public facilities can be directed to
Kim McMillan in the Engineering Department at (503)639-4171 ext.2642.
I am available to answer questions and otherwise assist you as may be required at
503-639-4171, extension #2437. Office hours are from 8:00 a.m. to 5:00 p.m. Monday
through Friday. If I am not available, please leave your name and phone number so
that I can call you as soon as possible.
Sincerely,
�—��
Mathew S eidegger
Associate Planner
i:�curpinlmathewlmlp2005-OD003.acc �
c: MLP2005-00003 Land Use File =�
13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
.PUBLIC FACIUTY PLAN Project: Inelsh Partition
COMPLETENESS CHECKLIST Date: 3/23/05
GRADING
� Existin and ro osed contours shown.
❑ Are there radin im acts on ad'acent arcels?
� Ad�acent arcel rades shown.
❑ Geotech stud submitted?
STREETISSUES
� Ri ht-of-wa clearl shown.
� Centerline of street s clearl shown.
� Street name s shown.
� Existin / ro osed curb or ed e of avement shown.
❑ Street rofiles shown.
❑ 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?
❑ Private Streets? Less than 6 lots and width Adjustment requested, but narrafive does
appropriate? not address the criteria and how this meets
it.
�t�ee� Spacing standards cannot be me�
but applicant.did not state what spacing can
be achieved and how this meets the
ad"usfinent criteria.
❑ Other: 1) Sight Distance 18.705.030.H.1, 2) 1) Must provide preliminary sighf distance
18.7050.030.H.2-4 Applicant should address these certification and list of improvements
sections and refer to adjustment section - not just required fo achieve it with Land Use
skip this section, app/ication. 2)Address these sections and
refer to Ad'ustment section.
SANITARY SEWER ISSUES
❑ Existing/proposed lines shown. Proposed line must be public in an
easement
� 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? Nofe metersize for du lex.
❑ Pro osed fire rotection s stem shown?
..
STORM DRAINAGE AND WATER QUALITY ISSUES �
� Existin / ro osed lines shown? ..�
❑ Preliminary sizing calcs for water quality/detention
rovided?
REVISED: 03/23105
,❑ Vb'ater ualit /detention facilit �wn on lans?
❑ Area for facilit match re uirements from calcs?
❑ Facilit shown outside an wetland buffer?
❑ Storm stubs to ad�acent arcels re uired/shown?
The submittal is hereby deemed ❑ COMPLETE � INCOMPLETE
BY� - Date: 3-23-05
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REVISED: 03/23/05
Con�ulting Resources, Inc.
/ � 308 Pinehurst Drive
/ \ Newberg,OR 97132
r RI 1' Phone: 503 537-4927
\ � Fax: 503-537-4927
� Mobile: 503-780-8351
`- - randylytle@comcast.net
April 27, 2005
Mr. Mathew Scheidegger
Associate Planner
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
RE: Greenburg Road Job No. 0132-0001
Application Submittal MLP2005-00003
Dear Mathew:
In response to your letter dated March 30, 2005 to Mr. Victor Welsh at Pathfinder Mortgage.
This letter is intended to summarize our addendum to the application submittal referenced above.
In particular the items listed in your letter and our responses are listed below:
• Apply for an adjustment to screening of the driveway. No adjustment is needed for
setbacks if proposed driveway is in an easement. Be sure to address the adjustment
criteria of Section 18.370.020.C.5. of the Tigard Communiry Development Code for all
adjustments to Chapter 18.705 (access Egress and Circulation).
Please see the attached Addendum for our request for an adjustment to the screening of
the driveway. As a point of clarification and per our telephone conversation the previous
adjustment that we requested for a setback was for the minimum 150' driveway setback
from an arterial street intersection. The driveway is in an easement.
• Please address Section 18.730.020.C of the development Code in your narrative.
Please see the attached Addendum that addresses this section.
Development Services • Engineering • Project Management
• Provide a copy of the DeedlTitle/Proof of Ownership.
A copy is attached.
• Provide a copy of the Pre-Application Notes.
A copy is attached.
• The items in the enclosed public faciliry completeness checklist must be addressed. Any
questions pertaining to public facilities can be directed to Kim McMillan in the
engineering Department at (503) 639-4171 ext. 2642.
These items are now addressed including the request for an adjustment to driveway
spacing standards which is now more specific. Please see the attached Addendum that
addresses this adjustment. The preliminary site distance calculation is now attached. The
sanitary sewer line is in an easement and is represented on the preliminary plat drawing.
We have also added the easement to the utility plan for clarification (see attached revised
utility plan). The meter size is now shown on the utility plan (see attached revised utility
plan).
Please let us know if you will need any more information to complete this application.
Sincerely,
Consulting Resources, Inc.
� � �"
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/ Randol h A. L le, P.E.
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Principal
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�E(�` Con�ulting Resources, Inc.
/ \ 308 Pinehurst Drive
/ �� Newberg, OR 97132
� � Phone: 503-537-4927
'� Fax: 503-537�927
�,���'' ��/ Mobile: 503-780-8351
'- - randylytle@comcast.net
LETTER OF TRANSMITTAL
TO: Mr. Matt Scheidegger Date: August 2, 2005\
City of Tigazd Community Development
13125 SW Hall Boulevard
Tigard, OR 97223
FROM: Randy Lytle Job No. 0132-0001
RE: 11830 SW Greenburg Road
��'1�/� Z�_;-. � � ,_ �
We aze sending you:
15—Copies of the revised Narrative
15—Copies of Plans
1 —Check for$459.50
2—Sets of addressed and stamped envelopes
Sincerely,
Consulting Resource ,Inc.
G�s��
Rand A. Lyt e, P.E.
Principal
xc: Victor Welsh
Develupment Services • Engineering • Yroject Management
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August 5, 2005
CITY OF TIGARD
4REGON
Pathfinders Mortgage
Attn: Vic Welsh
20055 SW Pacific Highway
Sherwood, OR 97140
Dear Mr. Welsh:
RE: Notice of Complete Application Submittal (MLP2005-000031
The City has reviewed your submittal material and finds that your application is
complete as of 08/05/05. Staff will now review your application for Land Partition
Approval and associated applications. A decision will be rendered within 6-8 weeks.
I am available to answer questions and otherwise assist you as may be required at
503-639-4171, extension 2437. Office hours are from 8:00 a.m. to 5:00 p.m. Monday
through Friday. If I am not available, please leave your name and phone number so
that I can call you as soon as possible.
Sincerely,
� u� ��
Mathew Scheidegg r �
Associate Planner
i:lcurpinlmathewlmlp2005-00003.COM PLETE.doc
c: MLP2005-00003 Land Use File
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13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772
/
TYPE II APPLlCA Tl�N FOR A
2-LOT PARTI TION
11830 SW Greenburg Road
Tigard, Oregon 97223
PLANNER: Studio Haykin LLC ENGINEER: Consulting Resources, Inc.
4011 NE Klicicitat Street 308 Pinehurst Drive
Portland, OR 97212-2828 Newberg, OR 97132
Contact: Ju{ia Haykin, APA /AIA Contact: Randy Lytle, PE
Phone / Fax: (503) 249-1094 Phone / Fax: (503) 537-4927
luliahaykin(a�msn.com randvlvtle(a�comcast.net
SURVEYOR: Tom Nelson � Assoc's Halstead's Arboriculture
1001 SE Water Avenue, Suite 390 Consultants, Inc.
Portland, OR 97214 P.O. Box 1182
Contact: Scott Houk Tualatin, OR 97062
Phone: (503) 230-1932 Contact: James Lowery
Fax: (503) 230-1962 Phone: (503) 245-1383
shoukCa�tnasurvey.com hac _spiritone.com
Chris Freshley, LA
Contact: Chris Freshley, LA
Phone: (503) 222-9881
Fax: (503) 224-7069
freshley�qwest.net
1
* TABLE OF C�NTENTS *
I. Summary of Request ...........................................................................
11. Background Information .....................................................................
Ni. Compliance with Tigard Comprehensive Plan .......................................
IV. Compliance with the Tigard Community Development Code ..................
Section 18.370 Adjustments &Variances
Section 18.420 Land Partitions
Section 18.510 Residential Zoning Districts
Section 18.705 Access/ Egress/ Circulation
Section 18.715 Density Computations
Section 18.745 Landscaping 8� Screening Standards
Section 18.765 Off-Street Parking / Loading Requirements
Section 18.790 Tree Removal
Section 18.795 Visual Clearance Areas
Section 18.810 Street& Utility Improvement Standards
V. Conclusions ....................................................................................
VI. Exhibits ........................................................................................
A. Public Facility and Services Impact Study
B. C.W.S. Pre-Screening Site Assessment
C. Preliminary Boundary 8� Topofogy Survey, Tom Nelson &Associates
D. Preliminary Hydrology 8� Sight Distance Calculations
[E. Legal Description, Tax Map and Washington County Assessor Map]
F. Typical Housing Examples
G. 8/10/03 Pre-Application Conference Notes
H. Tree Assessment letter
I. Drawings
1 Title Sheet
2 Existing Conditions Plan
3 Preliminary Grading 8� Erosion Control Plan
4 Site Plan
5 Preliminary Partition Plat
6 Preliminary Storm Drain Plan
7 Preliminary Utility Plan
8 SW Greenburg Road Improvement Plan
9 Landscape Plan
2
I. SUMMARY OF REQUEST
The Applicant, Pathfinders Mortgage Inc., is applying for a 2-lot partition. The property is
currently designated Medium Density Residential, and comprises 0.3 acres.
Land inside the Metro urban growth boundary is intended for urbanization, and there is a
need for additional residential land in this area. Development of this property is logical,
both from a land use and service provision perspective. This appfication will show that
the proposed partition is consistent with the goals of the Tigard Comprehensive Plan,
and complies with the City's Community Development Code. The process for this
application accommodates long range growth, while providing quality housing and jobs.
In order to access the proposed rear parcel and accommodate parking, the Applicant is
proposing a 15' crossover easement with adjacent Lot 4300 (also owned by the
Applicant). The Applicant will combine (and decommission)the 2 existing Greenburg
Road driveways in this new location, straddling the shared property line.
In order to accomplish this proposed partition the foilowing adjustments are being
requested:
1) Adjustment to driveway width - Section 18.705.030.1.1
2) Adjustment to driveway setback from an arterial intersection —Section
18.705.030.H.2
3) Adjustment to driveway spacing on an arterial— Section 18.705.030.H.3
And we are requesting one variance with this application for:
1) Front Yard setback—Section 18.370.Q10.C.2
3
11. BACKGROUND /NFORMATIQN
APPLlCANT / OWNER
Vic Welsh, President
Pathfinders Mortgage Inc.
20055 SW Pacific Highway, Suite 105
Sherwood, OR 97140
Phone: (503) 625-9151
Fax: (503) 625-9153
PROPERTY ADDRESS 1 LEGAL DESCRIPTION
11830 SW Greenburg Road, Tigard, OR 97223
Washington County Assessor Map 1 S 1 35DD, Tax Lot 4200 (0.3 acres)
COMPREHENSIVE PLAN MAP/ZONING DESIGNATION
MFR, Medium Density Residential/ R-12
CITIZEN PLANNING ORGANIZATION (CPO): CPO 4M Metzger
LOCATION / EXISTING 8� SURROUNDING USES
The existing single family house is located approximately 1/8 mile west of SW Pacific
Highway in Tigard, Oregon, roughly '/� mile west of Highway 217. The subject property
is Iocated between 2 local streets, SW 90"'Avenue and SW Center Street, and is largely
surrounded by similarly R12-zoned parcels (except C-P zoned property 2 lots east.)
ULITILIES (please see Exhibit A)
4
Ill. Compliance with City of Tigard Comprehensive Plan
�vor. «, �oz}
GOAL 6 HOUSING
6.1 HOUSING NEEDS
Findings
• Residential housing in Tigard has been developed as 55.6% single family
detached dwellings, 42.7% attached units, and 1.7% manufactured homes.
• The Metropolitan Housing Rule adopted by the Land Conservation and
Development Commission states that Tigard must provide for 50%single family
and at least 50% single family attached ...
• Many of the households that do not desire or are unable to afford conventional
single family detached dwellings rely on the rentai market or attached dwellings to
meet their housing needs.
POLICY
6.1.1 THE CITY SHALL PROVIDE AN OPPORTUNITY FOR A DIVERSITY OF
HOUSING DENSITIES AND RESIDENTIAL TYPES AT VARIOUS PRICES AND RENT
LEVELS. (Rev. Ord. 85-03; Ord. 84-38; �rd. 84-29; Ord 96-24)
POLICY
6.4.3. The City shall seek ways to minimize the cost of housing by encouraging a
variety of home ownership alternatives such as townhouses and condominiums ...
Although the Metro Housing Rule applies to vacant buildabie land only, this attached
housing 2-lot partition application is an opportunity to apply it to underdeveloped Medium
Density Residential land in an established neighborhood. Attached housing is also
needed locally to deal with the rapid increase in housing and land costs over the last
several years, which has excluded many households from obtaining suitable housing to
meet their needs.
GOAL 7 PUBLIC FACILITIES
Please see Exhibit A, required Public Facility and Services Impact Study
GOAL 8 TRANSPORTATION
Vol. II, Poiicy 8-2
8.1.2 PROVIDE A BALANCED TRANSPORTATION SYSTEM, INCORPORATING ALL
MODES OF TRANSPORTATION (INCLUDING MOTOR VEHICLE, BICYCLE,
PEDESTRIAN, TRANSIT AND OTHER MODES) BY:
a. THE DEVELOPMENT OF AND IMPLEMENTATION OF PUBLIC STREET
STANDARDS THAT RECOGNIZE THE MULTI-PURPOSE NATURE OF THE STREET
RIGHT-OFWAY FOR UTILITY, PEDESTRIAN, BICYCLE, TRANSIT, TRUCK AND
AUTO USE.
c. CONSTRUCTION �F BICYCLE LANES ON ALL ARTERIALS AND COLLECTORS
WITHIN TIGARD CONSISTENT WITH THE BICYCLE MASTER PLAN...
5
Vol. II, Policy 8-3
d. REFINE AND MAINTAIN ACCESS MANAGEMENT STANDARDS FOR ARTERIAL
AND COLLECTOR STREETS TO lMPROVE SAFETY IN TIGARD.
g. REQUIRE NEW DEVELOPMENT TO PROVIDE SAFE ACCESS TO AND TO GAIN
SAFE ACCESS FROM A PUBLICALLY DEDICATED AND IMPROVED STREET (I.E.
DEDiCATE RIGHT-OF-WAY, IF NOT ALREADY ON A PUBLIC STREET, AND
INSTALL IMPROVEMENTS IN ROUGH PROPORTIONALITY TO THE
DEVELOPMENT'S IMPACT) AND PROVIDE SAFE ACCESS.
Vol. II, Policy 8-5
15. Develop guidelines to provide access control standards and apply these
standards to aii new road construction and new development. For roadway
reconstruction, existing driveways shall be compared with the standards and a
reasonable attempt shall be made to comply (consolidating driveway accesses or
relocating driveways to a lower classification street are examples).
18. Require development to provide right-of-way {if needed) and safe access as
determined by application of the City's development code and standards for
design. Require that the minimum City standards be met for haif-street adjacent to
developing properly for a development to proceed (with consideration of rough
proportionality)...
POLICIES
8.2.3 THE CITY SHALL REQUIRE AS A PRECONDITION TO DEVEL�PMENT
APPROVAL THAT:
a. DEVELOPMENT ABUT A PUBLICLY DEDICATED STREET OR HAVE ADEQUATE
ACCESS APPROVED BY THE APPROPRIATE APPROVAL AUTHORITY;
b. STREET RIGHT-OF-WAY BE DEDtCATED WHERE THE STREET IS
SUBSTANDARD IN WIDTH;
c. THE DEVELOPER COMMIT TO THE CONSTRUCTION OF THE STREETS, CURBS
AND SIDEWALKS TO CITY STANDARDS WITHIN THE DEVELOPMENT;
d. INDIVIDUAL DEVELOPERS PARTICIPATE IN THE IMPROVEMENT OF EXISTING
STREETS, CURBS AND SIDEWALKS TO THE EXTENT OF THE DEVELOPMENT'S
I M PACTS;
Vol. II, Policy 8-7
8.2.6 THE CITY SHALL ADOPT THE FOLLOWING TRANSPORTATION
IMPROVEMENT STRATEGY IN ORDER TO ACCOMMODATE PLANNED LAND
USES IN THE TIGARD TRIANGLE:
a. Highway 99W should be widened to 6 lanes throughout the study area (tool
box). This improvement should be constructed in the short term. In the event that
widening Highway 99 to six lanes is prohibitive due to physical constraints, the
Dartmouth extension could potentially provide needed ... travel demand.
GOAL 11 NEIGHBORHOOD PLANNING ORGANIZATION
11.4 NEIGHBORHOOD PLANNING ORGANIZATION #4
POLICIES
11.4.1 IN THE TIGARD TRIANGLE (I.E. THAT AREA BOUNDED BY PACIFIC
HIGHWAY, HIGHWAY 217, AND THE INTERSTATE 5 FREEWAY), IN THE MIXED
USE EMPLOYMENT ZONE, HIGH DENSITY RESIDENTIAL DEVELOPMENT (I.E., 25
UNITS PER ACRE) SHALL BE A USE ALLOWED OUTRIGHT.
6
IV. Compliance wifh the City of Tigard
Community Development Code
Section 18.370 Adjustments
Section 18.420 Land Partitions
Section 18.510 Residential Zoning Districts
Section 18.705 Access / Egress / Circulation
Section 18.715 Density Computations
Section 18.745 Landscaping 8� Screening Standards
Section 18.765 Off-Street Parlcing 1 Loading Requirements
Section 18.790 Tree Removal
Section 18.795 Visual Clearance Areas
Section 18.810 Street & Utility Improvement Standards
7
IV. Compliance with the City of Tigard
Communitv Development Code
Section 18.370 Variances & Adiustments
Meetings with the City of Tigard planners indicated that(3)Adjustment aze required:
1) Adjustrnent to driveway width-Section 18.705.030.I.1
2) Adjustment to driveway setback from an arterial intersection—Section 18.705.030.H.2
3) Adjustment to driveway spacing on an arterial—Section 18.705.030.H.3
There are currently 3 driveways from Greenburg Road accessing lots 4200 &4300, and we are
proposing to combine two of them in a crossover easement to provide pazking access. Our
proposal eliminates the driveway on tax lot 4200 and one driveway on lot 4300,but retains the
easterly driveway on 4300 to provide existing parking as required. We are unable to provide
onsite parking in the front of tax lot 4200 due to the right-of-way dedication, and rear parking is
the only option due to sever site constraints.Although the proposed shared access still dces not
comply with 18.705.030.H.2&3, it reduces the extent of non-conformance by providing safer
access.This right-of-way dedication also requires the applicant to apply for a variance for a front
yard setback.
We are requesting an adjustment from the 20' required driveway width to 10' with curbs in a 15'
easement, due to having only 19' of clear access between the existing houses. We are requesting
an adjustment to 18.705.030.H.2 the minimum 150' driveway setback from an arterial street
intersection. We are requesting an adjustment to 18.705.030.H.3 the 600' minimum driveway
spacing along arterials.
We are requesting one variance with this application for:
1) Front Yard setback—Section 18370.O10.C_2
We aze requesting a variance to the front yard setback requirements from 20' to 6.5' feet on tax
lot 4200 because of the 20' right-of-way dedication that is being required and the location of the
existing buiiding. We are requesting a variance to the front yazd setback on tax (ot 4300 from 20'
to 1' that is necessary because of a 10' right-of-way dedication on tax lot 4300 and the locarion of
the existing building. We are also setting aside a 10' reserve strip on this lot for future right-of-
way.
Section 18370.O10.C.2.
2. The director shall approve, approve with conditions,or deny an application for a
variance based on a finding that the following criteria are satisfied:
a. The pmposed variance will not be materially detrimental to the purposes
of this title,to any other applicable polices and standards,and to other
properties in the same zoning district or vicinity;
Response: 7Sie proposed variance will not be detrimental to the purposes
of this title, to any other applicable polices and standards, and to other
properties in the same zoning district or vicinity;
b. There are special circumstances that exist which aze peculiar to the lot
size or shape,topography or other circumstances over which the
applicant has no control, and which are not applicab(e to other properties
in the same zoning district;
Response: The proposed application requires a dedication of right-of-
way which places the right-of-way closer to the existing buildings than is
required. It is out of the applicants control.
c. The use proposed will be the same as permitted under this title and City
standards will be maintained to the greatest extent that is reasonably
possible while permitting reasonable economic use of the land;
Response: The proposed use will be the same as permitted under this title
and City standards will be maintained to the greatest extent that is
reasonably possible while permitting reasonable economic use of the
land.
d. Existing physical and natwal 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
Response: The proposed variance will not adversely affect any more than
would occur if the development were developed as specifaed in the title
the existing physical and natural systems.
e. The hardship is not self-imposed and the variance requested is the
minimum variance which would alleviate the hardship.
Response: The proposed variance is not the result of a self-imposed
hardship and the variance is the minimum that can occur due to the
proximity of the existing 6uildings to the proposed right-of-way.
Sectian 18370.020.C.5.
5. Adjustment to access and egtess standards(Chapter 18.705)
a. In all zoning districts where access and egress drives cannot be readily designed
to conform to Code standards within a particular parcel, access with an adjoining
property shall be considered. If access in conjunction with another parcel cannot
reasonabiy be achieved, the Director may grant an adjustment to the access
requirements of Chapter 18.705 through a Type II procedure, as governed in
Section 18390.030,using approval criteria contained in Subsection 2b below.
b. The Director may approve, approve with conditions, or deny a request for an
adjustrnent from the access requirements contained in Chapter 18.705, based on
the following criteria:
(1) It is not possible to share access;
Response: This application proposes to combine two of the three existing
driveways accessing Lots 4200 & 4300 reducing the number of
driveways from three to two thus improving the access and making it
safer.
(2) There are no other alternative access points on the street in question or
from another street;
Response: There is no other feasible access to these parcels or to arry
other street.
(3) The access separation requirements cannot be met;
Resporrse: The current access to the parcels does not meet the separation
requirements. The proposed access cannot meet the requirements but
does improve upon the existing conditions. See Section 18.705.�30.H.2&
18.705.030.H.3 below.
(4) The request is the minimum adjustment required to provide adequate
access;
Response: The access being requested has the least impact on the
adjustment eriteria and provides adequate access.
(5) The access or access approved with conditions will result in a safe
access; and
Response.• The access proposed is a safe and im�roved access to these
parcels.
(6) The visual clearance requirements of Chapter 18.795 will be met.
Response: The visual clearance requirements can be met with this
proposed access and an adjustment to the screening of the driveway. See
Section 18.745.050 below.
Section 18.420 Land Partitions
18.420.050 Approval Criteria
A. Approval criteria.A request to partition land shall meet all of the following criteria:
1. The proposed partition complies with all statutory and ordinance requirements
regulations;
Response:As demonstrated in the narrative below, the proposed partition
complies with all statutory and ordinance requirements and regulations.
2. There are adequate public facilities available to serve the proposal;
Respanse: The properry is served by the Tualatin Valley Water District, Tualatin
valley Fire and Rescue, and Pride Disposal. As proposed, there are adequate
public facilities to serve the subject site:
• Street Improvements-there are no public street improvement
proposed. The applicant agrees to enter into a restrictive covenant.
• Sanitary Sewer Improvements- The existing 8"line running along
the far side of SW Greenburg Road will service this development.
The developer will provide separate sewer lateral connections.
• Water Service Improvements—The Tualatin Yalley Water District
maintains a 6"cast iron main located in the near side of SW
Greenburg Road. All City guidelines for tapping this line will be
observed. There is adequate capacity to serve the subject site.
• Fire Protection---No issues with frre protection have been identified
for the proposed partition.
• Storm Water- The Applicant has chosen fee-in-lieu of detention
faeil ities.
3. All proposed improvements meet City and applicable agency standard;
Response: All sanitary and water service connections wrll be reviewed and
approved by the eity through the ftnal plant approval process.
4. All proposed lots conform to the specific requirements below:
a.The minimum width of the building envelope area shall meet the lot
requirement of the applicable zoning district.
Response: Does not apply: there is no minimum average
lot width requirement for the R-12 zone.
b. The lot area shall be as required by the applicable zoning district. In the
case of a flag lot,the access way may not be included in the lot area
calculation.
Response: The proposed lots exceed the minimum lot area of 3,O50 square feet.
The access way is not included in the minimum area calculations. Lot 1 is
proposed as approximately, S,371 square feet and Lot 2 is proposed as
approximately, 7,20.5 square feet.
c. Each lot created through the partition process shall front a public right-of-way
by at least 15 feet or have legally recorded minimum 15-foot wide access
easement.
Response: The proposed partition complies with this requirement because an
access easement is proposed that exceeds I S feet in width.
d. Setbacks shall be as required by the applicable zoning district.
Response:_The proposed setbacks meet the requirements of the R-12 zone, and
we are applying for an adjustment to the side setback
e. When the partitioned lot is a flag lot,the developer may determine the Iocation
of the front yard,provided that no side yard is less than 10 feet. Structures shall
generally be located so as to ma�cimize separation from existing structures.
Response: The proposed structure has been sited to maximize separation from
existing structures. The proposed duplex structure meets the setback
requirements indicated in the pre-application meeting for the R-12 zone.
f. A screen shall be provided along the pmperty line of a lot of record where the
paved drive in an access way is located within ten feet of an abutting lot in
accordance with Sections 18.745.050. Screening may aiso be required to
maintain privacy for abutting lots and to provide usable outdoor recreation areas
for proposed development.
Response: Please reefer to Drawing 9(Preliminary Landscape Plan)for
necessary screening, as determined by city staff.
g.The fire district may require the installarion of a fire hydrant where the length
of an access way would have a detrimental effect on firefighting capabilities.
Response: The frre district is Tualatin Yalley Fire and Rescue (TVF&R). The
applicant agrees to comply with cmy requirements of the TYF&R.
h. Where a common drive is to be provided to serve more than one lot,a
reciprocal easement which will ensure access and maintenance rights shall be
recorded with the approved partition map.
Response:A reciprocal access easement will be recorded with the approved
partition.
5. Any access way shall comply with the standards set forth in Chapter 18.705,
Access,Egress,and Circulation.
Response: The applicant is proposing an access way as large as feasibly possible
given the location of existing structures. City staff indicated a 20 foot driveway
would be required The requirement is addressed in Applicant's Response to
Section 18.370.
6. Where landfill and/or development is ailowed within or adjacent to the one-
hundred-year floorplain,the City shall require consideration of the dedication of
sufficient open land area for greenway adjoining and within the floodplain. This
area shall include portions at a suitable elevation for the construction of a
pedestrian/bicycle pathway with the floodplain in accordance with the adopted
pedestrian/bicycle pathway plan.
Response: This requirement does not apply because the subject site is not within
or adjacent to a one-hundred year floorplain.
7. An application for a variance to the standards prescribed in this chapter shall be
made in accordance with Chapter 18.370,Variances and Adjustments.The
applications for the partition and variance(s)/adjustments(s)wiil be processed
concurrently.
Response: The applicant will comply with the requirement of Chapter 18.370.
18.420.060 Final Plat Submission Requirements
A. Submittal.A11 final plats for partitions shall be accompanied by three copies of
the partition plat prepared by a land surveyor or engineer licensed to practice
in Oregon, and necessary data or narrative. The final plat shall incorporate any
conditions of approval imposed by the Director as part of the preliminary plat
approval.
B. Standards.The partition plat and data or narrative shall be drawn to the
minimum standards set forth by the Oregon Revised Statutes(ORS92.05)and
by Washington County,as described in detail by information provided by the
Director at the time of application.
Response:The provisions of this section will be satisfied during the City of Tigard
final ptat review and approval process.
18.420.070 City Acceptance of Dedicated Land
A. Acceptance of dedications by City Engineer. The City Engineer shall accept
the proposed right-of-way dedication prior to recording a land partition.
B. Acceptance of public easements by City Engineer.The City Engineer shall
accept a(1 pubiic easements shown for dedication on partition plats.
Response:prior to recording the partition, the Applicant will wait for the City
Engineer ta accept dedicated land or puhlic easements shown for dedication.
18.420.080 Recording Partition Plats
A. Recording requirements. Upon the Director's approval of the proposed minor
partition,the applicant shall record the final partition plat with Washington
County and submit a copy of the recorded survey map to the City,to be
incorporated into the record.
B. Time Limit. The applicant shall submit the copy of the recorded minor
partition survey map to the City within 15 days of recording,and shall be
completed prior to the issuance of any building permits on the reconfigured
lots.
Response: The provisions of this section will be satisfied during the City oj
Tigard final plat review and approval process.
Section 18.510 Residential Zonin�Districts
18.510.020(F)R-12: Medium-Density Residential District.The R-12 zoning district is
designed to accommodate a full range of housing types at a minimum lot size of 3,050
square feet.A wide range of civic and institutionat uses are also permitted conditionally.
Response: There is currently a single family dwelling on the site. The applicant has
indicated the intent of constructing an additional structure:a duplex on lot 2. Each of the
lots exceeds the minimum lot size of 3,OSO square feet. The provisions of this section are
satisfred.
18.510.030(A)Types of uses.A permitted use is a use which is permitted outright,
6ut subject to all the applicable provisions of this title.
Response: The proposed duplex is permitted outright in the R-12 zone.
18.510.40 Minimum and Maximum DensiNes
Response: The densily calculations for the subject site are addressed below in section
18.71 S.
18.510.050 Development Staudards
A. Compliance required.All development must comply with:
1. All of the applicable development standards contained in the
underlying zoning district,except where the applicant has obtained
variances or adjustrnent in accordance with Chapter 18.370;
2. All other applicable standards and requirements conta.ined in this
title.
B. Development Standards_ Development standards in residential zoning
districts are contained in Table 18.510.2.
Response: The minimum lot size for the R-12 zone is 3,OSO square feet per dwelling unit.
The applicant is proposing a duplex on proposed Lot 2, which is approximately 7,205
square feet'Lot J is approximately 5,371 square feet and hvs an existing single family
dwelling. The proposed lots exceed the standard for minimum lot size.
There is no required average minimum lot width for the R-12 zone. The setback
requirements are met as demonstrated on the submitted plans.
The maximum lot coverage far lots in the R-12 zone is 80 percents. The 80 percent
maximum caverage requirement is met as demonstrated on the su6mitted plans.
Section 18.705,Access,E�ress,and Circulation
18.705.30 General Provisions
A. Continuing obligation of property owner.The provisions and maintenance of
access and egress stipulated in this title are continuing requirements for the use of
any structure of parcel of real property in the City.
B. Access plan requirements. No building or other permit shall be issued until scaled
plans are presented and approved as provided by this chapter that show how access,
egress, and circulation requirements are to be fulfilled.The applicant shall submit a
site plan. The director shall provide the applicant with detailed information about
this submission requirement.
C. Joint access. Owners of two or more uses, structures,or parcels of land may agree
to utilize jointly the same access and egress when they combined access and egress
of both uses, structures,or parcels of Iand satisfies the combined requirements as
designated in this title,
provided:
1. Satisfactory legal evidence shall be presented in the form of deeds,
easements,leases or contracts to establish the joint use;
and,
2. Copies of the deeds,easements, leases or contracts are placed on
permanent file with the City.
D. Public street access.All vehicular access and egress as required in Sections
18.705.030H and 18.705.030I shall connect directly with a public or private street
approved y the City for public use and shall be maintained at the required standards
on a continuous basis.
E. Curb cuts. Curb cuts shall be in accordance with Section 18.810.030N.
Response:Joint access is proposed with this partition.Access is proposed directly from a
public street, SW Greenburg Road. Satisfactory legal evidence shall be presented in the
form of an easement, which will be submitted to the City for review. Curb cuts and
walkways will be cortstructed in accorc�ance with Section 18.810.030N and Section
18.810.070, respectively.
Secdon 18.715,Density Computations
18.715.020 Density Calcalation
A. Definition of net development area.Net development area, in acres,shall be
determined by subtracting the following land area from the gross acres,which is all the
land included in the legal description of the property to be developed.
l. Sensitive land area
2. All land dedicated to the public for pazk purposes
3. All land dedicated for public rights-of-way
4. All land proposed for private streets
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.
Response: The subject site is approximately 12,576 square feet in size. There are no
sensitive Icmd areas or areas dedicated to a public park on the site. Land dedicated to the
City for public rights-of-way is approximately, 1,400 square feet. A lot of approzimately
5,371 square feet with an existing dwelling to remain exists.
R-12 Zone 3,OSO SF minimum lot size
Gross site area 12,.776 SF
Dedication area 1,400 SF
Lot with Existing Dwelling 3,971 SF
Net Site Area 7,205 SF
Density= 7,205 SF divided by minimum lot size of 3,OSO SF
Maximum Permitted Units= 2.36 units (3 units with roundin�
Minimum Permitted Units (80%ofMax.)= 1.88 units (Z units with roundin�
Section 18.745.Landscanin�and Buffering
18.745.030 General Provisions
A. Obligation to maintain. Unless otherwise provided by the lease agreement,the owner,
tenant and his agent, if any, shall be jointly and severally responsible for the
maintenance of all landscaping and screening which shall be maintained in good
condition so as to present a healthy,neat and orderly appearance, shall be replaced or
repaired as necessary, and shall be kept free from refuse and debris.
B. Pruning required.All plant growth in landscaped areas of developments shall be
controlled by pruning,trimming ar otherwise.
C. Installation requirements. The installation of all landscaping shall be as follows:
1. All landscaping shall be installed according to accepted planting procedures.
2. The plant materials shall be of high grade,and shall meet the size and
grading standards of the American Standards for Nursing Stock.
3. Landscaping shall be installed in accordance with the provisions of this title.
D. Certificate of Occupancy.Certificates of occupancy shall not be issued unless the
landscaping requirements have been met or other arrangements have been made and
approved by the City such as the posting of a bond.
E. Protection of e�sting vegetation. E�sting vegetation on a site shall be protected as
much as possible.
1. The developer shall provide methods for the protection of e�cisting vegetation
to remain during the construction process;
2. The piants to be sa.ved shall be noted on the landscape plans.
F. Care of landscaping along public rights-of-way. Appropriate methods for the
care and maintenance of street trees and landscaping materials shall be
provided by the owner of the pmperty abutting the rights-of-way unless
otherwise required for emergency conditions and the safety of the general
public.
G. Conditions of approval of e�cisting vegetation.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.
H. Height restrictions abutting public rights-of-way.No trees, shrubs or plantings cnore
than 18 inches in height shall be planted in the public right-of-way abutting roadways
having no established curb and gutter.
Response:All landscaping will be maintained and pruned according to the requirements
of this section. All landscaping will be installed according to this section. Yegetation will
be protected using fencing. No plants more than 18 inches in height will be planted in the
right-of-way of a roadway.
18.745.040 Street Trees
A. Protection of existing vegetaiion.All development projects fronting on a public stree�
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 of 18.745.040C.
B. Street tree planting list. Certain trees can severely damage utilities, street and
sidewalks or can cause personal injury. Approval of any panting list shall be subject
to review by the Director.
C. Size and spacing of street trees.
Response: Street trees will be planted which meet the requirements of this section. See
submitted Landscape Plan.
Section 18.765 Off Street Parking and Loading Requirements
Table 18.765.2 Minimum and Maximam Required Off-street Vehicle Parking
Requirements.
Response: Parking for the duplex is one space per unit. The proposed parking meets this
requirement.
Section 18.790 Tree Removal
18.790.030 Tree Reqnirement
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 unit or conditional use is filed. Protection is preferred
over removal wherever possible.
B. Plan requirements.The tree plan sha11 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 guidetines
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 Ioss 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 I8.790.060D;
c. Retention of from 50% to 75% or greater of e�sting trees requires
that 50% of the trees 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 proposed to be removed.
4. A protection program defining standazds and methods that will be used by
the applicant to protect trees during and after construction.
Response: One willow tree is proposed for removal. The applicant will mitigate the
removal of this tree be planting additional trees as per the submitted Preliminary
Landscape Plan.
Section 18.795 Visual Clearance Areas
18J95.030 Visual Clearance Reqairements
A. At corners. Except within the CBD zoning district a visual clearance area shall
be maintained on the corners of all property adjacent to the intersection of two
streets, a street and a raiiroad, or a driveway providing access to a public or private
street.
B. Obstructions Prohibited.A c}ear vision area shall contain no vehicle, hedge,
planting, fence, wall structure or temporary or permanent obstruction (except for an
occasional utility pole or tree), exceeding three feet in height, measured from the top
of the curb, or where no curb exists, from the street center line grade, except that
trees exceeding this height may be located in this area, provided all branches below
eight feet are removed.
C. Additional topographical constraints. Where the crest of a hill or vertical curve
conditions contribute to the obstruction of clear vision areas at a street or driveway
intersection, hedges, plantings, fences, walls, wall structures and temporary or
permanent obstructions shall be further reduced in height or eliminated to comply
with the intent of the required clear visions area.
Response: There are no proposed obstructions that would reduce proper sight distance.
A clear vision area will be maintained at the corners of the proposed driveway to the rear
lot(proposed Lot 2) as per submitted Exhibit D, Sight Distance/Visual clearance sketch
and calculations.
Section 18.810 5treet and Utilitv Improvement Standards
18.810.030(D) Street location,widt6 and grade.
Except as noted below, the location, width and grade of all streets shall conform to an
approved street plan and shall be considered in their relation to eacisting and planned
streets, to topographic conditions, to public convenience and safety, and in their
appropriate relation to the pmposed use of the land to be served by such streets:
1. Street grades shall be approved by the City Engineer in accordance
with Subsection M below; and
2. Where the location of a street is not shown in an approved street plan,the
arrangement of streets in a development shall either:
a. Provide for the continuation or appropriate projection of existing
streets in the surrounding areas,or
b. Conform to a plan adopted by the Commission, if it is impractical
to conform to existing street patterns because of particular
topographical or other existing conditions of the land. Such a plan
shall be based on the type of land use to be served,the volume of
traffic,the capacity of adjoining streets and the need for public
convenience and safety.
Response: There are no new public streets proposed with this application. The proposed
driveway will not serve more than six lots, as required by the City Engineer.
18.810.030(E) Minimum rights-of-way and street widths.
Unless otherwise indicated on an approved street plan, or as needed to continue an
existing improved street, street right-of-way and roadway widths sha11 not be less
than the minimum width described below. Where a range is indicated, the width
shall be determined by the decision-making authority based upon anticipated
average daily traffic(ADT� on the new street segment.
Response: There are no streets proposed with the partition. This requirement does
not apply to the proposed partition.
18.810.030(F)Future Street Plan and Extension of Streets
1. A future street plan shall:
a. 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 other parcels within 530 feet surrounding and adjacent
to the proposed land division. At the applicant's request, the City may
prepare a future streets proposal. Costs of the City preparing a future
streets proposal sha11 be reimbursed for the time involved. A street
proposal may be modified when subsequent subdivision proposals are
submitted.
b. Identify existing or proposed but routes, pullouts or other transit
facilities, bicycle routes and pedestrian facilities on or within 530 feet of
the site.
2. 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,and
a. These extended streets or 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.
b. 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 sha11 be included in the street construction cost.
c. Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub street in excess of 150 feet.
Response: No future streets are required or proposed in this partition. The requirements
of this sectian do not apply to the proposed development.
18.810.030(I)Intersection angles.
Streets sha[1 be laid out so as to intersect at an angle as near to a right angle as
practicable, expect where topography requires a lesser angle, but in no case shall the
angle be less than 75 degrees unless there is special intersection design.
Response: There are no streets proposed with this partition. This requirement does not
aPP1Y•
18.810.030(.n Eaisting rights-of-way.
Whenever existing rights-of-way adjacent to or with a tract are less than standard width,
additional rights-of-way shall be provided at the time of subdivision or development.
Response: The applicant will comply with this requirement.
18.810.030(0) Curbs,curb cuts,ramps,and driveway approaches.
Concrete curbs, curb cuts,wheelchair, bicycle ramps and driveway approaches shall be
constructed in accordance with standards specified in this chapter and section 15.04.080.
Response: The applicant will comply with the requirements of this section and Section
I5.0�0.80 during building permit review for driveway approaches.
18.810.030(T)Private Streets.
1. Design standards for private streets shall be established by the City
Engineer; and
2. The City shall require legal assurances for the continues maintenance of
private streets,such as a recorded maintenance agreement.
Response: No private streets are proposed. Easement lcmguage for the private access
easement will meet the City Engineer's requirements and will be recorded with the
partition.
18.810.090 Sanitary Sewers
A. Sewers required. Sanitary sewers shall 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 Standazds for Sanitary and Surface Water
Management(as adopted by the Unified Sewerage Agency in 1996 and including any
future revisions or amendments)and the adopted policies of the comprehensive plan.
Response: The proposed development will include connections to the existing sewer in
SW Greenburg Road and will comply with the Design and Construction Standards for
Sanitary and Surface Water Management and the adopted policies of the Comprehensive
Plan.
18.810.100 Storm Drainage
A. General provisions-The Director and City Engineer shall issue a development permit
only where adequate provisions for storm water and flood water runoff have been
made, and:
1. The storm water drainage system shall be separate and independent of any
sanitary sewerage systems;
2. Where possible, inlets shall be provided so surface water is not carried across
any intersection or allowed to flood any street; and
3. Surface water drainage patterns shall be shown on every development
proposal plan.
Response: The drainage is separate and independent of the sanitary sewerage system.
The proposed development will not cause surface water to flow across any intersectian or
flood any street Topographical information demonstrates the surface water drainage
pattern on this relatively flat site.
V. Conclusions
This application's narrative and accompanying e�chibits satisfy the City of Tigard's
submittal requirements for a 2-lot partition by addressing all applicable codes in the R-12
zone. The Appiicant has taken great care to site access, while still meeting regional goals
and local requirements for residential density. Additionally, a portion of SW Greenburg
Road's right of way will be improved to Tigard's standards,and the Applicant has agreed
to Lot 4200's right of way dedication. As such, the Applicant respectfully request
approval of this application, and thanks Tigard's Planning Department for their help in
submitting this application.
♦ �
1 I
�
VI. EXEIIBITS
11830 SW Greenburg Road Impact Study
Type II Application,Minor Land(2-Lot)Partition
IS 1W 35DD04200/R277293 /R-12 MFR/ 13,263 sf(0.3ac)
INTRODUCTION
The proposed 3276 square foot duplex is located approacimately 1/8 mile west of SW Pacific
Highway in Tigard,Oregon approximately '/z mile west of Highway 217.T'he subject property is
located between 2 local streets, SW 90`�Avenue(a 24' paved 2-lane without curbs)and SW
Center Street,on the north side of SW Greenburg Road. T'his parcel is accessed by SW
Greenburg Road(cunently a 60' ROW,3-lane arterial), and largely surrounded by similarly R-12
zoned parcels. The only exception to this is C-P zoned property 2 lots east.
The Applicant is submitting this Impact Study as part of a Type II Minor Land Partition
application. In order to access the proposed rear parcel and accommodate pazking,the Applicant
is proposing a crossover easement with adjacent Lot 4300(also owned by the Applicant). The
Applicant will combine(and decommission)the 2 e�cisting driveways in a new location straddling
the shared property line.
The Applicant requests that'/z street improvements described in the 8/10/2004 engineering pre-
applications notes(36' of pavement from centerline along SW Greenburg Road)be deferred,and
agrees to enter into a restrictive covenant as an impact response.
TRANSPORTATION Il1�ACT5
The TSP identifies SW Greenburg and SW Pacific Highway as arterials. The TSP also identifies
SW Greenburg as a Regional Access Bikeway. Re-designing access to both Lots 4200 and 4300
by combining tl�eir driveways improves both safety and usage of this bikeway.
The proposed development is well-serviced by TriMet. The#76 Tualatin and the#78 Lake
Oswego busses stop at SW Greenburg and SW Center Street(SW Greenburg and SW90th
westbound). In addition,the#94 Sherwood express bus stops at SW Greenburg and SW Pacific
Highway, and the#12 Barbur bus stops at SW Main and SW Pacific Highway. All of these bus
stops are within 3 blocks of the project site.
STORM DRAINAGE
The Applicant has chosen fee-in-lieu of detention facilities.
PARKS SYSTEM
Englewood Park is located south of Shcolls Ferry Road on SW Springwood Drive.Metzger Park
(located at 8400 SW Hemlock Street)is a 7-acre accessible park.
WATER SUPPLY
The Tualatin Valley Water District maintains a 6"cast iron main located in the near side of SW
Greenburg Road.All City guidelines for tapping this line will be observed. There appeazs to be
adequate capacity and pressure(75psi)to serve domestic needs.That usage impact is calculated
as follows: 2.5 people per household(7Ugal/day)-�175 gal(2 new housing units�350gpd.
Tualatin Valley Fire&Rescue estimates standing water capacity to be approximately 7267 gpm
at this location,and Tigard Fire Station#51 is closest.
SA1�IITARY SEWER
The existing 8" line running along the far side of SW Greenburg Road will service this
development.The developer will provide separate sewer lateral connections for each lot. It is
anticipated that the existing main has sufficient capacity to handle additional demand.
NOISE IMPACTS
It is not anticipated that the proposed duplex development will generate a significant increase in
noise levels.
SCHOOLS
This project is located within Tigard-Tualatin School District NO. 23J.Neighborhood children
attend these schools: Metzger Elementary School (enrollment=651 students),Fowler Middle
School(enrollment=940 students)&Tigard High School(enrollment>2000 students). It is
anticipated that these schools have sufficient capacity to handle additional demand generated by
this proposed development.
GARBAGE
This site is currently serviced by Pride Disposal.
CONCURRENCE WITH DEDICATION
The Applicant concurs with the right-of-way dedication for SW Greenburg Road to 50' from
centerline(4-5 lane arterial)for Lot 4200.
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� � Sp@CIfY � � � Speci[y �Ois.Z R'erl0.�
Based on a revlew of the above informatio�and the requi�aments ot Clean Water
Sarvices Design and ConstrucUon Standards Resulution and�rder Mo. 04-9:
� 5ensitive areas potential(y exist on site oc wlthln 200'of the site. THE APPLICANT
MUST PERF�RM A SITE CFRTIFtCanoN PRiOR TO ISSUANCE O� A sERV�CE
PROVIDER LETTER OR ST�RMWATER CONNEC710N PERMIT. If Sensitive,4reas
exist on the s[te or wilhin 240 Feel an adjacent properlies,a Natural Resources
Assessment Report may alsc be requlred.
� Senslttve areas da not appear t�exist on site or within 200' of the site.This pre-
screening site assessment does N�T ellrnlnate Ihe need to evaluate and protect
water quatify sensitive aceas if they a�e su6sequently dlscovered on your
proparty. NO FURTHER 51TE A5SESSMENT OR SERVICE PROVIDER LE7TER IS
' REQUIRED, THIS FORM WILL SERVE AS AUTHORIZATION TO 15SUE A
STORMWAT�R CONNECTION PERMIT.
❑ The proposed aciivity does nol meet the deilnition of developmeni NO SITE
ASSESSMENT OR SERVICE PROVIDER LETTER IS REQUIRED.
Camments:
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H�ILSTE�' 'S
�R B O R I C U LTU R E ��Specialists in the care and
preservation of trees"
C4�1�ULTANTS, INC.
�`� David Halstead,Consultant,8.5.
k, Phi►lip Whitcomb,Consultant
r� ♦ P.O.Box 1182•Tualatin,OR 97062
�' (503)245-1383
Apri{ 26, 2004
�
, �
Pathfinders Homes
ATTN.: Mr. Vick Welsh
,. 20055 SW Pacific Highway
Suite 105
����` Sherwood, OR 97140
Reference: Tree Assessment
£7- Location: 11830 SW Greenburg Road. Tigard, Oregon
���y � Subject: Willow Tree
�, ` _'
� I have inspected the willow tree, `?agged JK6885"for the purpose of determining
the trees' health and structure. In addition, I have enclosed a °Tree
. �� Characteristics Guiden that explains in detail the trees' percentage rating and
� � ��_ how they were arrived at.
4,�'' � r�
• � � The trees health is rated at 60 percent and can be improved to 75 percent with
a�, therapeutic care. The structural rating is rated at 40 percent and can be improved
�' � � to 70 percent over a three period with extensive arboriculture pruning.
���
_ � The willow is noted for iYs resilience and adapts well to therapeutic and
construction trauma providing it is properly completed under the supervision of a
consulting arborist.
�
`� {n addition, the tree has more than adequate root zone area in order to survive.
�� Sincerely,
. ,��,, I
� �;..Y,,,�S L� c�.,�� �z�
�
James Lowery NWG� #1808
I
�
�,
I
_mail: hac(�spiritone.com
�vww.halsteadsarboriculture.com
,csu oosasas
_ � � ��
GREETIBURG R AD 2 `� . ��
� LO P�!�RTITI N _
o �
$�
ll830 SW GREII�TBURG ROAD :; � ��
�nu� FoR � ��
K� � ,�
PATf��AIDFR 11�ORI�O� IlV� - � ��
20055 SW PACIFIC HWY, SUfTE 105
SHERWOOD, OR 97140 �
PHONE (503) 625-9151 �
FAX (503) 625-9153
,' '�
I
LEGEND / �_ ,, `, Q m I
� Tax�or aaoo m
<� � ' ��'� �, 217 �
EXIS11NG SANITARY SENER LINE / i �,: y,. � LONGSTAFF t
x Z
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EXIStING SANITARY SEWER MANHOLE /, i M � � DAKOTA 57 ��� � �
I EXISnNG CATCH BASIN �// ?...-.. � ���/\ °' PG"�
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SANITAR7 SEWER AIANHOLE � .�-�� I PROPOSED I .. .� ♦ �^ qq� �
STORII DRAIN 11NE i DUPLEX ,..- "- � \ R',P� o
CATCH BASIN- CB, OSCB / 1 Z
� STORM DRNN YANHOLE � ..-�I \ \� +I
�CLEANW�N //, I � i \� \ SWCqw PROJECT ¢yJ
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4 HC �ES BOTANICAL W1ME �U
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10' GRASS : 15 OG 10'WIDTH X 142.5' Th'"e°"`��F��°'e�• Ww�
, -�,u �� LC Laylend Cypess 5-8�3-4'cel. 10'o.c. 3.5'c�.ave.
�'�,,,,,��,,,,�_ = 1,425 S.F. a'°�.°�°°�'�„e" �¢�
i = ; � srxzuss p V�
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TO BE REMOVED = ���� REQUIRED - 10 PROVIDED o� o�«;cu,P, ,�. 4�0.�.
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_ _ t. triatdlanon muet ru�y c«npy wro,al�larduape code reyi.emerrts and my cny a
_ = r�d condn�ons or ava�ovai.
P R 0 P S E D ; � 2 i�uw,ror p��c��u�,�rc ro�aw�daa ny�i wa��we no�. �
. . ��f P X �.. ;c"' :����```����Ony������`` PIeM meEarial aehcted is rwrthweat native matMial tl�at is hardY and drougtd tobrant a
a
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.�!" `` �
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r ��J�m��. aro northwest netives suttade/or e�dstinp aoil caWflions. � �
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_ _ ,-, 2 e�dsWg newe topaot�so-ippings wu�ne soodcpiled on sne for reuse im m�dacape wo,k. ^
= a "„ T A X L 0 T 4 4 O 1 3. s�n renchig ro be pw�eea et pedn,ete.or aite wwx rnr eroswn c«ma. < a < w
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C MMON OPEN ' m =� �
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SPACE- � - . - � � ' '— 2 HC INCHESTOMfTIGATE-52 °- < > o a
'��''���n iN�o 0 0 � a �
—11 P W M 10 Bufier Trees provfdad�3.5 inch nlipe�=35 caliper inches
,� 5, �o«� \\ Exoesa inches above required 2 inch minimum caliper size for 10 b�Mer trees=15 caliper �y�$1,ER
9'X 18.5' _ ,,,,, / Inches 11 addidonal trees�3.5 caliper inches=38.5 caliper inr,hes+15 excess incFies (irom 4�, 7S ��
7 Y P. - �•a� �53.5 Dofel celiper inches provided.
��'6j�numa� i r cnmsrov�e i r�sKtr H
� fV'1 �J�'a� �°`\ � NOTE: Y U
� � 1. Ttperd code requires tree mitlpa�ion In cahper indies which Ia rartnaly attriCuted tn dedduous '� OREGON��k.
r + + -� + G� �� o-eea. rne industry measu�emem arandard ror conreer veea (our proPosed reqaoemen�tree� �9PE ARC�
�- + + + + + / + + + 1�"A X L(�T 4�0 0 + + �O� 7'C, �s measured by heigM and ihere ia no standard industry oareletion to caliper inches.
/�j ChrisWPer Freshley LardscaDe Muitects Queired several larger growers af mn'rfers induding
+ + + +� A LO T 2 0 0 � R P��� I VA�E + + + + � NoMweet Shade Trees and it is their opinian that a s'�'high Hogen Cedar w Leyland
+ + P R�5P 0 S�D � � t1 R I VE+ E A� 1 E Pd�T + -I- + -F + Cypress has an equivalent pllper Inch of 34 ind�es for an average oT 3.5 Inches par tree.
+ + �0 P�R T Y`� + + A � + + + + + + + + 2. Halatead's Nbaiculhue ConsultaMS,I�c have reviewed and appmved the proposed tree �
4 + + L I N� -+- �- + + -f- + �- -F �' mitipatlon plan.
�
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� EXIST. TREE + ; DECK + + + + + + + + a�- �
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HOUSE ExISTING Land3cape
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� EXIS�ING RIV�WAY _ ,,,�
TO BE EM vE� � + + + + SCALE 1 " = 10'-0" w
� RIGHT—OF—WAY LINE + + + + + + + + a
+ + rt + + F + -� + + -� +
+ WM+ + �/M + GRAPHIC SCALE
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PRE-APPLICATION
` `;� "' � CONFERENCE REQUEST
CITY OF TIGARD 13125 SW Hal!Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
�f�- S��l� FOR STAFF USE ONLY
Applicant: U��� / I� LLC-
Address: � �G/ L��Phone: Z • ��� Case No.:�- ���' U Ci � �l.�
City: �L�'� � d� Zip: �7�ilZ � 2�Z�J Receipt No.: -'�-�`�=�1— 3 Z-j�i�
�J I��i��" �1��f�/N.Phone: Z a �Q af..� Application Acce ted By: /� �
Contact Person: _� � / I Date: � ��- ( �-'
f�'f�/f�']F?-
Property Owner/Deed Holder(s): �f G�� �{��L.�/-}" `'� /
DATE OF PRE-APP.: �I (`� V�/
_ G �
S d � TIME OF PRE-APP.: /�_ ..i_ �,�''
Address: �ZDOS� �� F�IF�L h�� Z � �� PRE-APP.HELD WITH:
CI�/: �f`f �/vvv��l-J / C/�-- ZIp: � Rev.7/1/04 i:lcurpinlmasterslrevised�Pre-AppRequest.doc
��P-r► n�n� P��c��l Ft-� LO� �P �J P� ��
Property Address Location(s): ��" 4 �
(.� l�� , REQUIRED SUBMITTAL ELEMENTS
� . �l S D� Z00 (Note: applications will not be accepted
without the required submittal elements)
Tax Map &Tax Lot#(s): � � , CO /�'GL t Z Z� ?)
Zoning: � • � � ❑ Pre-Application Conf. Request Form
Site Size: ��, �' � � }= �, Z� /4G> 3 COPIES EACH OF THE FOLLOWING:
❑ Brief Description of the Proposal and
PRE-APPLICATION CONFERENCE INFORMATION any site-specific questions/issues that
you would like to have staff research
prior to the meeting.
All of the information identified on this form are required to be
submitted by the applicant and received by the Planning Division a ❑ Site Plan. The site plan must show the
minimum of one (1) week prior to officiallv schedulinq a proposed lots and/or building layouts
pre-application conference date/time to allow staff ample time to drawn to scale. Also, show the location
prepare for the meeting. of the subject property in relation to the
nearest streets; and the locations of
A pre-application conference can usually be scheduled within 1-2 driveways on the subject property and
weeks of the Planning Division's receipt of the request for either across the street.
Tuesday or Thursday 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-,4� plication Conference is for
PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM a MONOPO E pr � ct, the applicant
8:00-4:OOIMONDAY-FRIDAY. must attach a c y of the letter and
proof in the f ot an affidavit of
IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE mailing, that th co cation protocol was
PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE completed ( e Sec 'on 18.798.080 of
INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM the Tigar Comm ity Development
ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE Code).
GROUP. ❑ Filing Fee $296.00
N89°31'�
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PROJECT: LOT DIVISION U11TN N�I.0 NOUS�
� I �� ��'°�N LOCATION: 1183� 5t�1 C�R��NBEf� RD.
' PORTLAND, OR
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PRE-APPLICATION CONFERENCE N TES
➢ ENGINEERING SECTION Q �o"�°nnry�°�,'"nt
Shaping A Better Community
PUBLIC FACILITIES Tex Mep(S): 1S135DD
Tax LoUsl: 04200
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.
Riqht-of-wav dedication:
The City of Tigard requires that land area be dedicated to the public:
(1.) To increase abutting public rights-of-way to the ultimate functional street classification
right-of-way width as specified by the Community Development Code; or
(2.) For the creation of new streets.
Approval of a development application for this site will require right-of-way dedication for:
� SW Greenburq Road to 50 feet from centerline (4-5 lane Arterial)
❑ SW to feet
❑ SW to feet
❑ SW to feet
Street improvements:
� Half street improvements will be necessary along SW Greenburq, to include:
� 36 feet of pavement from centerline
� concrete curb
� storm sewers and other underground utilities
� 8-foot concrete sidewalk with planter strip
� street trees spaced per TDC
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
CIT1f OF TI6ARD Pre-Appltcatl�p C�meronce N�tes laye 1 N 6
E���n�rlq��Nru�n s�enn
❑ 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 finro-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a fin►o-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 finro-year streetlight fee.
CITY OF T16ARD Pre-Il�pplicatlon Co�erence Notes Page 2 of 6
FiglnnHe!��a�rtnept Sectles
' ' ❑ Other:
Agreement for Future Street Improvements:
In some cases, where street improvements or other necessary public improvements are not currently
practical, the improvements may be deferred. In such cases, a condition of development approval
may be specified which requires the property owner(s) to provide a future improvement guarantee.
The City Engineer will determine the form of this guarantee. The following street improvements may
be eligible for such a future improvement guarantee:
(1.) Greenburq Road
�2.)
Overhead Utilitv Lines:
❑ Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines
adjacent to a development to be placed underground or, at the election of the developer, a
fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines
are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to
$ 35.00 per lineal foot of street frontage that contains the overhead lines.
There are existing overhead utility lines which run adjacent to this site along SW
Prior to , 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 Greenburq Road.
The proposed development must be connected to a public sanitary sewer. It is the developer's
responsibility to provide a separate connection the public line for each lot.
Water Supply:
The Tualatin Valley Water District (Phone:(503) 642-1511) provides public water service in the area of
this site. This service provider should be contacted for information regarding water supply for your
proposed development.
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
CITr 9F TIGARD Pro-Appltcad�n C�Meronce Notes Pa�e 3 N 6
��i..•du�.�.ro..ns.cn.■
� drainage plan for the site, ar � �ay be required to prepare a sub-' �sin drainage analysis to ensure
that the proposed system will ,ommodate runoff from upstream �. erties when fully developed.
Detention is not usually required for a minor land partition, rather a fee-in-lieu is allowed.
Storm Water Qualitv:
The City has agreed to enforce Surface Water Management (SWM) regulations established by the
Unified Sewerage Agency (USA) (Resolution and Order No. 00-7) which requires the construction of
on-site water quality facilities. The facilities shall be designed to remove 65 percent of the phosphorus
contained in 100 percent of the storm water runoff generated from newly created impervious surfaces.
The resolution contains a provision that would allow an applicant to pay a fee in-lieu of constructing
an on-site facility provided specific criteria are met. The City will use discretion in determining whether
or not the fee in-lieu will be offered. If the fee is allowed, it will be based upon the amount of new
impervious surfaces created; for every 2,640 square feet, or portion thereof, the fee shall be $210.
Preliminary sizing calculations for any proposed water quality facility shall be submitted with the
development application. It is anticipated that this project will require:
❑ Construction of an on-site water quality facility.
� Payment of the fee in-lieu.
Other Comments:
All proposed sanitary sewer and storm drainage systems shall be designed such that City
maintenance vehicles will have unobstructed access to critical manholes in the systems. Maintenance
access roadways may be required if existing or proposed facilities are not otherwise readily
accessible.
1) Applicant must address and/or apply for adjustments to the following:
A) 18.705.030.H.2 Driveways within the influence area of an arterial street intersection.
B) 18.705.030.H.3 Minimum spacing of driveways along an arterial shall be 600 feet.
2) If the applicanf is proposing to provide a shared access with fhe adjoining property to the easf,
then the access must take into consideration future development on the adjacent property.
3) The property is in shown in the TVWD service area, buf applicant will want fo confrrm if TVWD is
the service provider because if the property being located on the boundary of NWD and COT.
TRAFFIC IMPACT FEES
In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic
Impact Fee program collects fees from new development based on the development's projected
impact upon the City's transportation system. The applicant shall be required to pay a fee based upon
the number of trips which are projected to result from the proposed development. The calculation of
the TIF is based on the proposed use of the land, the size of the project, and a general use based fee
category. The TIF shall be calculated at the time of buildinq permit issuance. In limited
CRY OF T16AR� �re-A�pllcetl�e CNderonce NNes Page 4�f i
Eni■••„■���r���n s�etla
' circumstances, payment of tf�IF inay be allowed to be deferred `�I the issuance of an occupancy
permit. Deferral of the pay�. .�t until occupancy is permissible _ � when the TIF is greater than
$5,000.00.
Pay the TIF
PERMITS
Public Facility Improvement (PFI) Permit:
Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering
Department. A PFI permit application is available at the Planning/Engineering counter in City Hall.
For more extensive work such as street widening improvements, main utility line extensions or
subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for
review and approval.
The Engineering Department fee structure for this permit is considered a cost recovery system. A
deposit is collected with the application, and the City will track its costs throughout the life of the
permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases
where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for
any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI
permit application. This time will be considered part of the administration of the eventual PFI permit.
The Permittee will also be required to post a performance bond, or other such suitable security.
Where professional engineered plans are required, the Permittee must execute a Developer/Engineer
Agreement, which will obligate the design engineer to perform the primary inspection of the public
improvement construction work. The PFI permit fee structure is as follows:
NOTE: If an PFI Permit is required,the applicant must obtain that
permit prior to release of any permits from the Building Diuision.
Building Division Permits:
The following is a brief overview of the type of permits issued by the Building Division. For a more
detailed explanation of these permits, please contact the Development Services Counter at
503-639-4171, ext. 304.
Site Improvement Permit (SIT). This permit is generally issued for all new commercial,
industrial and multi-family projects. This permit will also be required for land partitions where lot
grading and private utility work is required. This permit covers all on-site preparation, grading
and utility work. Home builders will also be required to obtain a SIT permit for grading work in
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.
CIiY OF T16ARD Pre-Appllcadon Co�erence Notes Page 5 of 6
Eagl�e�ring 6eparte�nt SeeUoa
' ' Master Permit (MST). 's permit is issued for all single anc' �Iti-family buildings. It covers all
work necessary for b�,. ..�ig construction, including sub-tra� (excludes grading, etc.). This
permit can not be issued in a subdivision until the public improvements are substantially
complete and a mylar copy of the recorded plat has been returned by the applicant to the City.
For a land partition, the applicant must obtain an Engineering Permit, if required, and return a
mylar copy of the recorded plat to the City prior to issuance of this permit.
Other Permits. There are other special permits, such as mechanical, electrical and plumbing
that may also be required. Contact the Development Services Counter for more information.
GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS
All subdivision projects shall require a proposed grading plan prepared by the design engineer. The
engineer will also be required to indicate which lots have natural slopes between 10°/a 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: _�`,.�-��-�'� , , < ,, .
o �, . �-�
; � _ � ,�
ENGINEERING DEPARTMENT STAFF DATE
Phone: [5031639-4171
Fax: [50316240752
document3
Revised: September 2,2003
cm oF nsaRO �re-apancm�c•merenc.Nnos Page 6 tl 6
�,��...„.��...n...«.�tl..
. . ,
PUBLIC FACILITY PLAN Project:
COMPLETENESS CHECKLIST Date:
GRADING
❑ Existin and ro osed contours shown.
❑ Are there radin im acts on ad�acent arcels?
❑ Ad�acent arcel rades shown.
❑ Geotech stud submitted?
STREETISSUES
❑ Ri ht-of-wa clearl shown.
❑ Centeriine of street(s clearl shown.
❑ Street name s shown.
❑ Existin / ro osed curb or ed e of avement shown.
❑ Street rofiles shown.
❑ Future Street Plan: Must show street profiles, topo
on ad�acent arcel s , etc.
❑ Tra�c Im act and/or Access Re ort
❑ Street rades com liant?
❑ StreeUROW widths dimensioned and a ro riate?
❑ Private Streets? Less than 6 lots and width
a ro riate?
❑ Other:
SANITARY SEWER ISSUES
❑ Existin / ro osed lines shown.
❑ Stubs to adjacent parcels re uired/shown?
WATER ISSUES
❑ Existin / ro osed lines w/sizes noted?
❑ Existin / ro osed fire h drants shown?
❑ Pro osed meter location and size shown?
❑ Pro osed fire rotection s stem shown?
STORM DRAINAGE AND WATER QUALITY ISSUES
❑ Existin / ro osed lines shown?
❑ Preliminary sizing calcs for water quality/detention
rovided?
❑ Water ualit /detention facitit shown on lans?
❑ Area for facilit match re uirements from calcs?
❑ Facilit shown outside an wetland buffer?
❑ Storm stubs to ad�acent arcels re uired/shown?
The submittal is hereby deemed ❑ COMPLETE ❑ INCOMPLETE
By Date:
REVISED 04/O6/04
� TY �F TIGARD
r�� ,-�� PRE—APPLICATION CONFERENCE NOTES ��- �=��°�;���,��el,t
� Sfrapmgfl Better`Community
, r�Pre Applicahon Meei�ng;Nates arexValid,for Six (6� Months),
_-._ -_,_ _- -
--- --_-_
RESIDENTIAI
��� o� io ��
����-
APPLICANT: �,�e�`���,,,, AGENT:
Phone:� ) � ��- ���st � Phone: � )
PROPERTY LOCATION:
ADDRESS/GENERAI LO(ATION: // ���(01 �rl� �
TAII MAP(S�LOT #(�: ,,_�/)�, .
NECESSARY APPUCATIONS:��f��� f�/���/�����
PROPOSAL DESCRIPTION: ; ' �
� �6
COMPREHENSIVE PLAN �
MAP DESIGNATION: �u,,� �- Psr'
ZONING MAP DESIGNATION: _�/Z, ,
CITIZEN INVOLVEMENT TEAM(C.I.T.)AREA:
ZONIN6 DISTRICT DIMENSIONAL REQUIREMENTS [Refer te Cad�Sectien 18. 5�/D l
MINIMUM LOT SIZE�Q,�psq. ft. Average Min. lot width:�ft. Max. building height:�,�ft.
Setback� Front /�ft. Side S' ft. Rear 1�ft. Corner 1�ft. from street.
MAXIMUM SITE COVERAGE: _�% Minimum landscaped or natural vegetation area:_�%.
GARAGES:�ft.
❑ NEI6NBORNOOD MEETIN6 [Refer to the Neighborhood Meeting HandouU
THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIM 500 FEET, THE MEMBERS
OF ANY LAND USE SUBCOMMITTEE(S), AND THE CITY OF TIGARD PLANNING DIVISION of
their proposal. A minimum of two (2) weeks befinreen the mailing date and the meeting date is
required. Please review the Land Use Notification handout concerning site posting and the meeting
notice. Meeting is to be held prior to submittincLvour application or the application will not be
acceeted.
' NOTE: In order to also preliminarily address building code standards, a meeting with a Plans
Examiner is encouraged p�ior to submittal of a land use application.
CITY OF TMGARO Pre-Application Conference Notes Page t of 9
R��e�r���y a�san se�cm
� ,�NARRATIVE [Refer io Code Cha� 18.3901
The APPLfCANT 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_
�—lMPACT STUDY [Refer to Code Sections 18.390.040 and 18.390.0501
As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE
AN IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the
development on public facilities and services. The study shall address, at a minimum, the
transportation system, including bikeways, the drainage system, the parks system, the water system,
the sewer system and the noise impacts of the development. For each public facility system and type
of impact, the study shall propose improvements necessary to meet City standards, and to minimize
the impact of the development on the public at large, public facitities systems, and affected private
property users. In situations where the Community Development Code requires the dedication of real
property �nterests, the applicant shall either specifically concur with the dedication �equirement, or
provide evidence which supports the conclusion that the real property dedication requirement is not ,
roughly proportional to the projected impacts of the development. �,� „�
��-.�'o �
�ACCESS tRefer to Chapters 18.705 and 18.7651 ,,�,�,�;0�5� �
Minimum number of accesses: / Minimum access width: � 2�/
Minimum pavement width:_ �� �
❑ WALKWAY REQUIREMENTS [Refer to Code Chapter 18.7051
Within all ATTACHED HOUSING (except two-family dwellings) and multi-family developments, each
residential dwelling SHALL BE CONNECTED BY WALKWAY TO THE VEHICULAR PARKING
AREA, COMMON OPEN SPACE AND RECREATION FACILITIES.
�RESIDENTIAL DENSITY CALCUlAT10N [Refer to Code Chapier 18.7151-SEE EXAMPLE BELOW.
The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net
area of the developable land by the minimum number of square feet required per dwelling unit as
specified by the applicable zoning designation. Net development area is calculated by subtracting
the following land area(s)from the gross site area:
All sensitive lands areas includinq:
➢ Land within the 100-year floodplain;
➢ Slopes exceeding 25%;
➢ Drainageways; and
➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts.
Public right-of-way dedication:
➢ Single-family allocate 20% of gross acres for public facilities; or
➢ Multi-family allocate 15%of gross acres for public facilities; or
➢ If available, the actual public facility square footage can be used for deduction.
ERAMPLE Of RESIDENTIAL DENSITY CALCULATIONS:
EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT S{ZE)WITH NO DEDUCTtON FOR SENSITIVE LANDS
Single-Family Mulu-Family
43,560 sq_ft. of gross site area 43,560 sq.ft. of gross site area
8,712 sq.ft. (20%)for public right-of-way 6.534 sq.ft^(15%�for public right-of-way
NET: 34,848 square feet NET: 37,026 square feet
— 3,050 minimum lot area - 3,050(minimum lot area�
= i��nita er cre = . n�ts er cre
�Tde Develepment Cede requirea that 1he nN site area raost forthe ne�whele dwelling unit NO R9UNDIN6 UP IS PEBMfiTEB.
�IYfinimu�dm Prolect�ens�is 80%N the ma�dmum a0owe�de�iq�.TO DETERMINE iHIS STANDA6�,MULTIPL�iHE MAlI1MUM NUMBEB Of dNfiS BY.f.
CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9
ResidenUal AppGcatioNPlanning Division SecAa�
• ❑ SPECIAL SETBACKS [Refer to C. .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 L�TS: 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 �ess
than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines.
ACCESSORY STRUCTURE UP TO 1,OOQ SQUARE FEET on parcels of at least 2.5 acres in size_
[See apqlicable zoning district for the primary structures'setback requirements]
�FUIS LOT BUILDIH6 HE16HT PROYISIONS [Refer to Code Chapter 18.1301
MAXIMUM HEIGHT OF 1'/2 STORIES or 25 feet, whichever is less in most zones; 2%2 stories, or 35
feet in R-7, R-12, R-25 or R-4U zones provided that the standards of Section 18.730.010.C.2 are
satisfied.
❑ BUFFERIN6IUJD SCREENIN6 [Refer to Code Chapter 18.7451
In order TO INCREASE PRIVACY AND TO EITHER REDUCE OR ELIMINATE ADVERSE NOISE
OR VISUAL IMPACTS between adjacent developments, especially between different land uses, the
CITY REQUIRES LANDSCAPED BUFFER AREAS along certain site perimeters. Required buffer
areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of
deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and
horizontal plantings. Site obscuring screens or fences may also be required; these are often
advisable even if not required by the Code. The required buffer areas may onlv be occupied by
vegetation, fences, utilities, and walkways. Additional information on required buffer area materials
and sizes may be found in the Development Code.
The ESTIMATED REQUIRED BUFFERS applicable to your proposal area is:
Buffer Level along north boundary. Buffer Level along east boundary.
Buffer Level along north boundary. Buffer Level along east boundary.
IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG:
�LANDSCAPIN6 [Refer to Code Chapters 18.145,18.165 and 18.7051
STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR
PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must
be placed either within the public right-of-way or on private property within six (6) feet of the right-of-
way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured
four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the
branching width of the proposed tree species at maturity. Further information on regulations
affecting street trees may be obtained from the Planning Division.
A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED
in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking
areas shall inc{ude special design features which effectively screen the parking lot areas from view.
❑ RECYCLIN6 [Refer to Code Chapter 18.7551
Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE
SERVICING COMPATIBILITY. Locating a trash/recycling enclosure within a clear vision area such
as at the intersection of two (2) driveways within a parking lot is prohibited. Much of Tigard is within
Pride Disposal's Service area. Lenny Hing is the contact person and can be reached at (503)
625-6177.
CITY OF TIGARD Pre-Application Conierence Notes Page 3 of 9
Ftesiea,tial appica6oNRanirg Division section
� �PARqN6 [Refer to Ced�C6ap._ , 18J65 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 fess 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 (1U) 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 ANDIOR 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 approQriately 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 ta Code SecUon 18.765)
BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycte racks shall be located in areas protected from automobile traffic and in
convenient locations.
❑ SENSITIYE lANDS [Refer te Code Chapter 18.7151
The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL
DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON
UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-
application conference based on available information. HOWEVER, the responsibility to preciselv
identifv sensitive land areas and their boundaries is the responsibility of the applicant Areas
meetinq the definitions of sensitive lands must be clearly indicated on alans 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 ta Cad�Sectlon 18.715.O70.C1
When STEEP SLOPES exist, prior to issuance of a final order, a geotechnical report must be
submitted which addresses the approval standards of the Tigard Community Development Code
Section 18.775.080.C. The report shall 6e based upon field exploration and investigation and shall
include specific recommendations for achieving the requirements of Section 18.775.080.C.
❑ CLEANWATER SERVICES[CWSI BUFFER STANDARDS [Refer to R a 8 96-44/USA Regnla�ions-Chapt�r 3l
LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a
vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive
area.
Design Criteria:
The VEGETATED CORRIDOR WIDTH is dependent on the sensitive area, The following table
identifies the required widths:
CI�OF T��Conferenoe Notes P 4 of 9
�
� .aBIE 3.1 YE6ETATFD CORRIOOS WIDTHS
SOURCE: CWS DESI6N AND CONSTRUCTION STANDARDS MANUAURESOLUTION a ORDER 96,44
��$'� .. " SL�PE ADJACENT_ WIDTH OF VEGETATED `
, r". � = SENSITIVE AREA DE�INITION �> �. � . � .' , � Z ;`
-. :TO SENSITIVE AREA CORRIDOR PER SIDE- _ -
_ -- — - —
♦ Streams with intermittent flow draining: <25%
� 10 to <50 acres 15 feet
� >50 to <100 acres 25 feet
♦ Existing or created wetlands <0.5 acre 25 feet
• Existing or created wetlands >0.5 acre <25% 50 feet
• Rivers,streams,and springs with year-round flow
• Streams with intermittent flow draining >100 acres
♦ Natural lakes and onds
♦ Streams with intermittent flow draining: >25% 30 feet
► 10 to <50 acres
� >50 to <100 acres 50 feet
♦ Existing or created wetlands >25% Variable from 50-200 feet_ Measure
• Rivers,streams,and springs with year-round flow in 25-foot increments from the starting
♦ SUeams with intermittent flow draining >100 acres point to the top of ravine(break in
♦ Natural lakes and ponds <25%slope),add 35 feet past the top
of ravine'
Starting point for measurement = edge o( the defined channel (bankful flow) for streams/rivers, delineated weUand boundary, deGneated spring
boundary,and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intem►ittent springs, located a minimum of 15
feet within the river/sUeam or wetland vegetated corridor,shall not serve as a starfing pant for measurement
�Vegetated corridor averaging or reduc6on is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition.
�The vegetated corridw 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 teet,'rf a stamped geotechnical report confimu slope stability shall be maintained with the reduced setbadc irom 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
from the water quality protection provided by the vegetated corridor, except as provided for in fhe
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 oontained in a
separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit.
CWS Service Provider Letter:
PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service
Provider Letter which will outline the conditions necessary to comply with the R�O 96-44 sensitive
area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS
Service Provider Letter is not required_
❑ SI6NS [Refer te Code Chapter 18.7801
SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of
Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or
height beyond Code standards may be permitted if the sign proposal is reviewed as part of a
development review application. Alternatively, a Sign Code Exception application may be filed for
Director's review.
�TREE REMOYAL PLAN REQUIREMENTS [Refer to Code Secnon 18.790.030.CJ
A TREE PLAN FOR THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, partition, site development review, planned development,
or conditional use is filed. Protection is preferred over removal where possible.
CITY OF TIGARD Pre-Appfication Conference Notes P 5 ot 9
ra�ae���a���,;,g a�se�.�so� �
� THE TREE PLAN SHALL . ,LUDE the following:
➢ Identification of the location, size, speaes, and condition of all existing trees greater than 6-
inch caliper.
➢ Identification of a program #o 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 5Q°/Q of existing trees over 12 inches in caliper requires that
two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that
50% of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation;
➢ Identification of all trees which are proposed to be removed; and
➢ A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT
APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be
replaced according to Section 18.790.060_D.
� MITI6ATION [Refer to Code Section 18.190.060.EJ
REPLACEMENT OF A TREE shall take place according to the following guidelines:
➢ A replacement tree shall be a substantially similar species considering site characteristics.
➢ If a replacement tree of the species of the tree removed or damages is not reasonably
available, the Director may allow replacement with a different species of equivalent natural
resource value.
➢ If a replacement tree of the size cut is not reasonably available on the local market or would
not be viable, the Director shall require replacement with more than one tree in accordance
with the following formula:
. The number of replacement trees required shall be determined by dividing the
estimated caliper size of the tree removed or damaged, by the caliper size of the
largest reasonably available replacement trees. If this number of trees cannot be
viably located on the subject property, the Director may require one (1) or more
replacement trees to be planted on other property within the city, either public property
or, with the consent of the owner, private property.
➢ The planting of a replacement tree shall take place in a manner reasonably calculated to
allow growth to maturity.
IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in performing such tree
replacement.
�CLEAR YISION AREA [Refer to Code Chapter 18.7951
The City requires that CLEAR VISION AREAS BE MAINTAINED BETINEEN THREE (3) AND
EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and roadlroad 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.
CfTY OF TIGARD Pr�Application Conference Notes Page 6 of 9
R�id�a1 r�piCaoonlPla�m�y a�sion secno�
• r��IITURE STREET PIAN AND D(TEN. ,I OF STREETS [Refer to Ced�SecGon 1�0.030.FJ
A FUTURE STREET PLAN shall:
➢ Be filed by the applicant in conjunction with an application for a subdivision or partition. The
plan shall show the pattem 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, putlouts 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 tines of the tract to be developed.
� ADDRIONAL LOT DIMENSIONAL REQUIREMENi'S [Refer te Cod�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 pa�tition must have a minimum of 15 feet of frontage or have a minimum
15-foot wide access easement.
The DEPTH OF ALL LOTS SHALL NOT EXCEED 2%Z TIMES THE AVERAGE WIDTH, unless the
parcel is less than 1'/�times the minimum lot size of the applicable zoning district.
❑ BLOCKS tRefer 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 CNAPTERS
_ 18.330�c«,��u�� �$.620(Tgard Triangle Design Standards) � 18.765�ottstee�P�oad�Rey�:�e�,��
_ 18.340��ors�,��f 18.630�wasn:�ron sy�e R�a„a�c��► _ 18.775�sensmve�ds R��
_ 18.350(�anned�eve�oanent) � �H.7O5(AocesslEgresslCawlation} _ �S.78O(Signs)
18.360�sn����t Re�w� ')H.7�O(Accessory Residential Unds) 18.785 R�o�y u��m>
.� 18.370(varianoesJAc�ustrr�en�s) X 18.715(oensi�r Corqwtatiorrs) � 18.790(Tree Rernovaq
_ 18.380�z«,:,��ar�n a►�►��� 18.720(oesic�n�ompa�ry stanearos) � 18.795�isua►��earanoe Areas)
_ 18.385���P�� 18.725��P�s�� _ 18.798�nr„�c«���F��
_ 18.390��n�,y�o�a�n�aa sh,ay� 18.730�o�o�To o�o��sr��> x 18.810�sm�a u�y�sr��aa�)
_ 18.410�a u�a�a��► 18.740�r�o,�y� _
� 18.420���,a P�� 18.742�►io�,e o��,P��
_ 18.430�s�a�� � 18.745��a s«�►,�sr�,a��
� 18.510��d�,s�z«,�o�? 18.750�n+�,r�a,�mn�w r�R�y����
_ 18.520�c�z«��o�a;�y 18.755���a s�ua w��s�«aye�
_ 18.530���z«��o�a�� 18.760�ri«�r�s���
CITY OF TIGARD Pre-Application Conference Notes P 7 of 9
r�,�a�n�o�m�y a�,s�
�
� ADDITIONAL CONCERNS OR COMMENI...
. � , •
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PROCEDORE
�_ 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.
APPUCATIAN SUBMITTAL PROCESS
All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications
submitted by mail or dropped off at the counter without Planning Division acceptance may be
returned. The Planning counter closes at 4:00 PM.
Maps submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One (1),
8'/:" x 11" map of a proposed Qroject should be submitted for attachment to the staff report or
administrative decision. Aaplication with unfolded maps shall not be accepted.
The Ptanning Division and Engineering Department will perform a preliminary review of the
application and will determine whether an app(ication 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_
CI7Y OF TIGARD Pre-AppCication Conference Notes Page 8 of 9
Residential Appircafa�Plaivwg Dirision Se�,�6on
. The administrative decisio public hearing will ty�ically occur a�, �ximately 45 to 60 days after an
application is accepted as being complete by the 15 anning Division. Applications involving difficult or
protracted issues or requiring review by other jurisdictions may take additionaf time to review.
Written recommendations from the Planning staff are issued seven (7) days prior to the public
hearing A 10-day public appeal pe iod follows all land decisions. An appeal on this matter
would be heard by the Tigard . A basic flow chart
which illustrates the review proces is availa rom th anning 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 �F 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 RESERVATION [Counry Surueyor's Office: 503-648-88841
PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard,
applicants are required to complete and file a subdivision plat naming request with the Washington
County Surveyor's Office in order to obtain approval/reservation for any subdivision name.
Applications will not be accepted as complete until the City receives the faxed confirmation of
approval from the County of the Subdivision Name Reservation.
BUILDIN6 PERMITS
PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR
REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by
the Building Division will not be granted until there is compliance with all conditions of
development approval. These pre-application notes do not include comments f�om the
Building Division. For proposed buildings or modifications to existing buildings, it is
recommended to contact a Building Division Plans Examiner to determine if there are
building code issues that would prevent the structure from being constructed, as proposed.
Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be
demolished has system development charge (SDC) credits and the underlying parcel for that
structure will be eliminated when the new plat is recorded, the Cit 's olic is to a I those s stem
development c�edits to the first building permit issued in the development (UNLE S OTHERWISE
DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED}.
e con erence an no es canno cover a e requiremen s an aspec s re a e o
site planning that should ap pl to the development of your site plan. Failure of the staff to provide
mformation required by the C�e shall not constitute a waiver of the applicable standards or requirements.
It is recommended that a pros�pective applicant either obtain and read tt�e Community Development Code or
ask any questions of City staif-relative to Code requirements prior to submitfing 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: �
fIT� OF IGAR PIANNI SION - f ERSON NOLDING PRE-APP. MEETING
PHONE: (503) 639-4111 FAX: (503) 684-1297
E-MAIL• �su�':r�si���@a.tigard.or.us
nnE�s(CITY OF TIGARD'S COMMUNITY DEYELOPMENT (ODE)INTERNETADDRESS:www.ci.tigard.orAS
H:lpattylmasterslPr�App Notes Residential.doc Updated: 26-Jun-02
(Engineering section:preapp.eng)
CITY OF TIGARD Pre-Application Conference Notes p g d g
��e�a���„,y oM�s� �
�Q�C �, `����. 04/25/2006
, .�
Conditions Associated Witb ' �'� 2:06:58PM
��
T I D E M A R K Case #: MLP2005-00003� �����n� � ,. �'C
CCMPUTEA S�STE'v15 ��M1C
Condition .tatus Updated
Code Title Hold Status Changed By Tag Date By
1 SPEC(FY TYPE OF STRFF.�I� �IREES None Met 0��2d'?006 SJR Od'?�1`?006 SJR
1. Provide information regarding the rype of tree to be used as street trees.
1 GUIDELINES OF CITY FORESTER None Met 04/24/2006 SJR 04/24/2006 SJR
2. Follow guidelines of the City Forester as outlined under Section VI(Other Staff Comments).
] SUBMIT CASH ASSURANCE None Met 04/24/2006 SJR 04/24/2006 SJR
3. Prior to commencing site work,the applicant shall submit a cash assurance for$6,687(53.5 mitigation inches x$125
per inch),which will be held for two years, at such time the developer will contact the City's Arborist to verify survival.
Once the Ciry's Arborist is satisfied,the City will release the assurance.
1 ACCS&MAINT AGRMT FOR PARKING AR None Met 04/24/2006 SJR '� 04/24/2006 SJR
�Provide an access and maintenance agreement regarding the use and upkeep of the proposed parking area.
1 OBTAIN PFI PERMIT None Met 04/25/2006 MW 04/25/2006 SJR
5. A Public Faciliry Improvement(PFI)permit is required for this project to cover removal of the driveways and
construction of the shared driveway 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 Ciry of Tigard Public Improvement Design Standards,which
are available at City Hall and the City's web page(www.tigard-or.gov.).
1 PFI PERMIT FINANCIAL ASSURANCE None Met 04/25/2006 MW 04/25/2006 SJR
6. The PFI permit plan submittal shall include the exact legal name,address and telephone number of the individual or
corporate entity who will be designated as the"Permittee",and who will provide the financial assurance for the public
improvements. For example,specify if the entity is a corporation, limited partnership, LLC,etc. Also specify the state
within which the entity is incorporated and provide the name of the corporate contact person. Failure to provide
accurate information to the Engineering Department will delay processing of project documents
1 CONSTRUCTION VEH ACGPARKING PLA None NOT MET KSM ]0/27/2005 BRS
7. 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 PAY ADDRESSING FEE None NOT MET KSM 10/27/2005 BRS
8. Prior to final plat approval,the applicant shall pay an addressing fee. (STAFF CONTACT: Shirley Treat,
Engineering).
1 ENTRANCE SIGNAGE None NOT MET KSM l0/27/2005 BRS
9. The applicant shall provide signage at the entrance of each shared flag lot driveway or private street that lists the
addresses that are served by the given driveway or street.
1 PRELIM SIGHT DISTANCE CERT[FICAT None Met 04/25/2006 MW 04/25/2006 SJR
10. The applicant's engineer shall submit preliminary sight distance certification,with a list of improvements, for the
shared driveway with the PFI permit application.
1 FINAL SIGHT DISTANCE CERTIFICATIO None NOT MET KSM 10/27/2005 BRS
11. The applicant's engineer shall submit a final sight distance certification for the shared driveway upon completion of
improvements within the ROW.
1 FRONTAGE IMPRVMTS GREENBURG RD None NOT MET KSM 10/27/2005 BRS
Page 1 of 3 CaseConditions-rpt
AFTER RECORDING RETURN COPY TO:
Pathfinders Homes,Inc
20055 SW Pacific Hwy, Suite 105
Sherwood, OR 97140
SPACE ABOVE THIS LINE FOR RECORDER'S USE
DECLARATION OF SHARED ROADWAY MAINTENANCE AGREEMENT
Declarant is the owner of the followingParcels and Declarant hereby declares as follows:
1. PURPOSE OF AGREEMENT
The purpose of this Agreement is to provide for the construction and perpetual maintenance of the
shared roadway by the owners of theLots described in Section 2 of this Agreement.
2. LEGAL DESCRIPTION.
a. The shared roadway is as follows:
Private Access and Utility Easement as delineated on the recorded plat of
in the County of Washingtonand State of Oregon recorded concurrently herewith.
b. The owners ofParcels 1 through 3 of Partition Plat shall jointly maintain
the shared roadway.
3. DURATION AND NATURE OF AGREEMENT.
This Agreement shall continue in perpetuity. This Agreement is intended to and does attach and
run with the land affected herein. �is Agreement is binding on the undersigned landowners,
("Declarant")and all persons claiming under it. It is the intent of Declarant to create a continuing
obligation and right on the part of it and subsequent owners of the subject land.
4. CONSTRUCTION OF IMPROVEMENTS.
Declarant shall construct the improvements at their expense
5. OWNERSHIP.
Declarant is the owner of the sharedroadway and improvements. As Declarant transfers each of
the Parcels described in Section 2 of this Agreement to subseq�nt purchasers, each such purchaser
shall acquire an interest in the sharedroadway. When Declarant has conveyed all of the lots
described in Section 2 of this Agreement to others, declarants ownership interest shall terminate.
Last printed04/20/06
Page] of 4
, ,
6. MAINTENANCE.
The owners of each lot shall be jointly and equally responsible for the maintenance of the shared
roadway. If,however,the act or omission of any owner or guest, invitee, licensee, contractor,or
agent of an owner causes damage to the improvements,the owner sh�lbe responsible for the
entire cost of the repair.
The owners shall be responsible for maintaining the sharedroadway including the improvements,
pathways, landscaping,trees and natural vegetation in a continuously safe condition. Maintenance
shall include, but not be limited to:
1. The removal of debris,from the sharedroadway.
2. The removal of trash or other unsightly or dangerous materials;
4. The trimming of trees and vegetation along the shared-oadway areas;
6. The maintenance of theroadway in a useable condition and in good repair.
No improvements, plantings or other materials, which would interfere with the maintenance or
operation of the storm sewer, sanitarysewer, septic drainage,water or water lines, shall be placed
over the lines. Landscaping having a root system,which will not damage the pipes,may be placed
on the easement and the replacement of landscaping shall be included in the cost of any
maintenance work.
7. INDENINIFICATION.
The owners of the properties which use the shaed roadway area shall hold harmless, defend and
indemnify Pathfinders Home,Inc.it's officers, agents,and employees against all claims, demands,
actions and suits, including attorneys' fees and costs brought against any of them arising out of the
failure to properly design, locate,construct or maintain the improvements which is subject to this
Agreement or for damage to any property resulting from the failure to maintain the improvements
in a safe condition. All workers undeRaking maintenance work orihe shared driveway shall have
standard liability insurance in a reasonable amount from a reputable insurance company which
protects each owner.
Each of the owners of the properties which use the sharedroadway area shall release and
indemnify the othersagainst all liability for injury to an owner, member of the owner's family, or
resident of any owner's home for injury or for property damage when it results from any
undertaking pursuant to this Agreement.
8. ADDITIONALLY CREATED LOTS.
In the event thatany additional lots are created from the existing properties as a result of legal
divisions of lots withinParcels 1 through 3 Partition Plat ,the owners of the
newly created lots shall receive a beneficial easement interest in the shax�roadway and shall
participate in and be equally bound by this Agreement.
9. MAINTENANCE OBLIGATIONS AND ARBITRATION.
Last printed04/20/06 Page 2 of4
� �
The owners of the lots which use the shared roadway shall confer from timato-time regarding
performance of required maintenance underthis Agreement. Each parcel shall have one vote.
Where there is more than one(1)owner of alot, each owner shall have a proportional share of one
(1)vote. In the event of a disagreement concerning maintenance obligations and payment,the
owners shall agree upon an arbitrator who shall resolve such disagreement. If the owners cannot
agree on an arbitrator,the presiding judge of the Circuit Court of the State of Oregon for the
County of Washington shall appoint an arbitrator. The decision of the arbfrator shall be binding
on the owners and the fee of the arbitrator shall be borne by the owners.
10. NOTICE.
Any notice,demand, or report required under this Agreement shall be sent to each owner in care of
the street address of his parcel, or in the a�ent the owner does not reside on the properiy, in care of
the current property tax notification address of the property; provided,however,that an owner can
change their notification address by written notice to each other owner. Any required notice or
demand shall be made by hand delivery or certified mail, and shall be deemed received on actual
receipt or 48 hours after being mailed whichever first occurs.
11. TERMINATION.
The owners may not amend, withdraw from or dissolve this Agreement without th�vritten
approval of ihe Washington County Planning Department.If this Agreement is a condition of the
approval of a division of property, theWashington County Planning Departmentmay require such
condition to be modified before permitting this agreemento be dissolved or permitting a party to
withdraw from this Agreement.
IN WITNESS WHEREOF,the parties hereto have executed this Maintenance Agreement on
April �4 � , 2006
Pathfinders omes, Inc.
By:
� .�- ��
Title; ����S_
Last printed 04/20/O6 Page 3 of 4
STATE OF OREGON )
)ss.
County of Washington )
"The above instrument was subscribed and sworn to before me this�day o�lpril
2006 by C�dC�-�v�,- ��//.�/d'
As P��.�;���.,�� �- of �A'�'�'Y'�If��6+'2T� �oi+�'�i3
OFFICIAL SEAL
RANDAL K HA�A�0.R
Notary Public—State of Oregon � NOTARY PUBLIC—OREQON
COMMISSION NO.Ii87808
�,�, �� MY COMMISSION EXPiRES DECEMBER 16,2408
My commission expires: ��.. /�.
Last printed04/20/06 Page4 of4
� City of Tigard, Oregort • 13125 SW Hall Blvd. • Tigard, OR 97223
��
� `-
�,,
June 16, 2U08 �
. �
Pathfinder Homes Inc.
Atm: Darl Cornman
20055 SW Pacific Highway, Suite 105
Sherwood, OR 97140
RE: Tree Mitigation Cash Assurance Release for Welsh Partition (MLP2005-
00003)
Dear Mr. Cornman:
On June 16, 2008, it was determined that over 53.5" caliper inches of mitigation trees were
planted per the tree miugarion plan for the Welsh Partirion dated January, 24, 2006. This
represents over 100% of the caliper inches shown on the tree mirigarion plan.
The original cash assurance deposit was for$6,687.00 (53.5"caliper inches x $125/caliper
inch). You have successfully mitigated for $6,687.00 (53.5" caliper inches x $125/caliper
inch). Please find the enclosed refund for$6,687.00 (the entire amount of cash
assurance).
Do not hesitate to contact me at 503 718-2700 if you have any questions or concerns
regarciing this correspondence.
Sincerely,
,_�'
� �,�
,�`i'r`�(, �t/t�
�
Todd Prager
City Arborist
c: MI.P2005-00003 Land use file
Page 1 of 1
Phone: 503.639.4171 • Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772
�
C�c�� �� I
���d �
���/ c'a..�
�� � /�
_" " City of Tigard
.
, � Tidemark Refund Request
"i his furnl is used for refund requests of land use, engineering and building application fees.
Receipts, documentation and the Request for 1'ermilAction or Refund form (if applicable) must be
attached to this form. Refund requests are due to Tidemark System Administrator by Friday
at 5:00 PM for ptocessing each Monday. Accounts Payable will route refund checks to Tidemark
S��stem :'�dmi.nistrator for distribution. Please allow 1-2 weeks for processing.
PAYABLE TO: Pathfinder Homes DATE: 6/25/08
20055 SW Pacific Hwy, Ste. 105
Sherwood, OR 97140 REQUESTED BY: Dianna Howse
Attn: Darl Corninan Todd Prager
TRANSACTION INFORMATION:
Receipt#: 2006-1831 Case#: MI..P2005-00003
Date: 4/24/06 Address/Parcel: 11838 SW Greenhurg Rd.
Pay Method: Check Project Name: Welsh Partition
EXPLANATION: Applicant has successEully mitigated for trees. Refund 100%of cash assurance.
REFUND INFORMATION:
Fee Description.From Receipt Revenue Account No. Refund
Exam le: UII.D Permit Fee Exam le: 245-0000-432000 $Amount
ECr1 Tree R lc Cash Assur 225-0000-229011 �G,687.00
TOTAL REFUND: $6,687.00
APPROVALS:
1
If under$500 Professional Staff
If under$7,500 Division Manager �. � L�
!
If under$22,500 Department Manager '
If under$50,000 City Manager
If over$50,000 Local Contract Review Board
FOR TIDEMARK SYSTEM ADMINISTRATION USE ONLY
}� Case Refund Processed: Date: �, �,S �:.,f"� B :
1:\Building\Refunds\RefundRequest.doc OS/23/07
„
C['TY OF TIGARD � �>���i'-�'��� �
i�i�;sw fi;,n i3i�d. 5:34:>>AM
�
l iyard,OR 972?3 503.639.a171
Receipt #: 27200600000000001831
Date: 04/24/2006
���,e ire�„5:
Case No Tran Code Description Rr��enue Account No Amount Paid
MLP2005-00003 [TRGECA] Tree Rplc Cash Assur 2?5-0000-32901 I (,,68-.00
Line Iteni Total: $6,687.00
P�yments:
Nlethod P���er User ID Acct./Check I�lo. Approval No. Ho��� Received Amount Paid
Checl: tiVELSH �� ASSOCIATES SJR 4360 In Person G,GS7.00
Na��ment "fntal: $(,687.00
rRe�ci�il r�il ��;I�C � ll� �
. �
: " Community Development
� � .
Request for Permit Actian
TO: CITY OF TIGARD
Building Division Services Coordinator
13125 S�'Hall Bh�d.,Tigard, OR 97223
Phone: 503.718.2430 Fax: 503.598.1960 ww-w.ugard-or.gov
FROM: ❑ Owner ❑ Applicant ❑ Contractor � City Staff
icheck onr;
REFUND OR Name: Pathfindex Homes
INVOICE TO' �usiness or Ind���dual)
Mailuig Address: 20055 SW Pacific Highway, Suite 105
Ciry/State/Zip: Sherwood, OR 97140
Phone No.: 503 781-9888
PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED (✓):
❑ CANCEL PERivIIT APPLICATION.
� REFUND PERMIT FEES (attach receipt, if available).
❑ INVOICE FOR FEES DUE (attach case fee schedule and explain below).
❑ REMOVE CONTRACTOR FROM PERMIT (do not cancel permit).
Permit#: MI.P2005-00003
Site Address or Parcel #: 11838 SW Greenburg Road
Project Name: Welsh Partition
Subdivision Name: Welsh Partition Lot#:
EXPLANATION: Refund $6,687.00 of Cash Assurance to Pathfinder Homes
Attach letter from City Arborist. Call Pathfinder Homes and leave at counter for pickup when
ready.
.��'
Signature: � Date: June 3, 2008
Todd Prage
Print Name:
Refund Policv
1. The Director or Building Officia]may authorize the refund of:
a) any fee which was enoneously paid or collected.
b) not more than 80°ro of the land use applicaGOn fee when an application is withdrawn or canceled before any reciew effort has been ezpended.
c) not more than 80°ro of the land use application fee for issued pemvts.
d) not more than 80%of the building plan review fee when an application is canceled befoze any plan review effort has been expended.
e) not more than 80%of[he building permit fee for issued pemiics prior ro any inspection requests.
2. Refunds will be eetumed to the onginal Payer in the same method�n t��!uch r�.n�inrn���.i<re�cei�c a Plea,e allow 1-3�veeks for processing ref�nd�
� ' � �
Rte to Svs Admin: Date B�� �� hi�� t�� lil�lc.ldmin: Date Bv
Refund Processed: Date B Invuice Processed: llate B
Permit Canceled: Date B Parcel Ta Added: Date B
Recei t# Date Method Amount$
I:\Building\Fom�s\ReqPesrnitAction.doc Rev 07/2G/07
H A L ST E A D�.7 "Specralists in the Care and
Preservation of Trees"
ARB�RICULTURE
CONSULTANTS
�C� www.halsteadsarbor.com June 16, 2008
P.O.8ox 1182•Tualatin,QR 97062
♦ (503)245-1383
�
Pathfinder Homes, Inc.
Attn: Mr. Darl Cornman
� 20055 SW Pacific Hwy, Su�e 105
� Sherwood, OR 97140
TEL: (503) 781-9888
� Reference: Landscape Planting Plan
� Location: Duplex Subdivision — 11838 SW Greenburg Road, Tigard, OR
Subject: Confirmation of Tree Planting Requirements
Darl,
� � "� Enclosed is the Letter of Confirmation for the Tree Planting Requirements at the
11838 SW Greenburg Road project.
' If you have any questions or if I can be of further assistance, please contaet me at
� your earliest convenience.
�• ` ' cerely,
., �
� � hilip C. ickey
; ' Project Consulting A rist
� "� lSA Board Certifred asterArborist PN-16048
� ISA Member/ ISA-PNW Member
ASCA Member
I
• t�i +I
�
�
�
�j
CCB# 0068646 Keep America Green-Printed on Recycfed Paper
H A LST E A D�S "Specialists in the Care and
Preservation of Trees"
ARBORICULTURE
CONSULTANTS
�: www.halsteadsarbor.com June 16, 2008
P.O.Box 1182•Tualatin,OR 97062
♦ (503)245-1383
�
Pathfinder Homes, Inc.
Attn: Mr. Dari Cornman
� 20055 SW Pacific Hwy, Suite 105
� Sherwood, OR 97140
TEL: (503} 781-9888
+� Reference: Landscape Planting Plan
� Location: Duplex Subdivision — 11838 SW Greenburg Road, Tigard, OR
Subject: Confirmation of Tree Planting Requirements
With your approval on June 12"', 2008, I have reviewed the attached Landscape
, Planting Plan and completed an on-site tree inspection for the 11838 SW Greenburg
.� ' " Road Duplex Subdivision in Tigard. The purpose of the site inspection was to verify
the required replanting of trees was completed as indicated on the attached
.
Landscape Planting Plan, bearing my signature and Arborist Seal dated 6/16/08.
� INSPECTION RESULTS:
�� .
1) All newly planted nursery stock trees are verified on-site as located on the
•. � Landscape Planting Plan. From my observations, the trees appear to have
been planted according to the planting requirements as listed on the Plan.
, � 2) The total replanted mitigation inches are eighty-two (82) caliper inches, which
� includes the Street Trees along SW Greenburg Road. This measurement
� exceeds the required mitigation inches as indicated on the Landscape Planting
� Plan.
I Sincerely,
. E'!r ��
Philip C. Hickey
� Project Consulting Arborist
ISA Boar+d Certified MasterArborist PN-1604B
� ISA Member/ ISA-PNW Member
i I ASCA Member
1
�.
�I
CCB# 0068646 Keep America Green-Printed on Recycled Paper
Page 2
June 16, 2008
Reference: Landscape Planting Plan
Location: Duplex Subdivision — 11838 SW Greenburg Road, Tigard, OR
Subject: Confirmation of Tree Planting Requirements
ASSUMPTIONS 8� LIMITING CONDITIONS
1. Any legal description provided to the consultant is assumed to be correct. Any
titles and ownerships to any property are assumed to be good and marketable.
No responsibility is assumed for matters legal in character. Any and all
property is evaluated as though free and clear, under responsible ownership
and competent management.
2. Care has been taken to obtain all information from reliable sources. All data
has been verified insofar as possible; however,the consultant can neither
guarantee nor be responsible for the accuracy of information provided by
others, especially regarding property line determinations and project
boundaries.
3. The consultant shall not be required to give testimony or attend court by
reason of this report unless subsequent contractual a�rangements are made,
including payment of an additional fee for such services.
4. Loss or alteration of any part of this report invalidates the entire report.
5. Possession of this report or a copy thereof does not imply right of publication
or use for any purpose by any other than the person to whom it is addressed,
without the prior expressed written or verbal consent of the consuftant.
6. Neither all nor any part of the contents of this �eport, nor copy thereof, shall be
conveyed by anyone, including the client, to the public through advertising,
public relations, news, sales or other media, without the prior expressed written
or verbal consent of the consultant; particularly as to value conclusions,
identity of the consultant, or any reference to any professiona� society or
institute or to any initialed designation conferred upon the consultant as stated
in his qualifications.
7. This report and values expressed herein represent the opinion of the
consultant, and the consultant's fee is in no way contingent upon the reporting
of a specified value, a stipulated results,the occurrence of a subsequent
event, nor upon any finding to be reported.
8. Sketches, diagrams, graphs, and photographs in this report, being intended as
visual aids, are not necessarily to scale and should not be construed as
engineering or architectural reports or surveys.
9. Unless expressed otherwise: (1) information contained in this report covers
only those items that were examined and reflects the condition of those items
at the time of inspection; and (2)the inspection is limited to visual examination
of accessible items without dissection, excavation, probing, or coring. There is
no warranty or guarantee, expressed or implied, that problems or deficiencies
of the plants or property in question may not arise in the future.
Page 3
June 16, 2008
Reference: Landscape Planting Plan
Location: Duplex Subdivision — 11838 SW Greenburg Road, Tigard, OR
Subject: Confirmation of Tree Planting Requirements
CERTIFICATION OF PERFORMANCE
I, Philip C. Hickey, certify:
• I have personally inspected the trees and property referred to in this report and
have stated my findings accuratety. The extent of the evaluation is stated in
the attached report.
• I have no current or prospective interest in the vegetation or the property that is
the subject of this report and have no personal interest or bias with respect to
the parties involved.
• The analysis, opinions, and conGusions were developed and this report has
been prepared according to commonly accepted arboricultural practices.
• No one provided sign�cant professional assistance to me, except as indicated
within the report.
• My compensation is not contingent upon the reporting of a predetermined
conclusion that favo�s the cause of the client or any other party nor upon the
results of the assessment, the attainment of stipulated resufts, or the
occurrence of any subsequent events.
I further certify that I am a member in good standing of the International Society of
Arboriculture and the American Society of Consulting Arbonsts. I have been involved
in the field of Arboriculture and the care and study of trees for a period of more than
13 years.
Signed: � � cf
Date: � 0
�--�t�'�
__-- '��„
Philip C. Hickey � �" -��
� �:�
Project Consulting Arborist , �
Halstead s Arboricufture Consultants, Inc. f�
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' � OF�n6/2007 08:49:25 AM LUU!-UOL,4U
�� � Cnt=1 Stn=B J GREGORY
D,:v� � � , ,0 56.00 511.00-Total=537.00
U rjAfter recording, return to: '
(� . :% City of Tigard — Records Division
��� 13125 SW Hall Blvd. I �,RichardHoherOrnch?o°�Lo00A0062�5400040045 �_�
1 � Tigard, OR 97223
Taxation and Ez-O}ficio Caunty Clerk for Washinptan __�:-s�'i,.y'„�r:;��,,
County.Oreeon,do hereby certitythat the within '����-�'�'j���'•
�. '�-.i._.
NO CHANGE IN TAX STATEMENT instrument ofwrltlnp wa6 roc�ived and nwrded in the ;;:i::,;,� ,.�.i
booA o(records oT saltl COU r� �'-
1 .'F�,
� ry��, , � �t��', ,�;,�::='.::.:.-'
Richard Hobernicht.Directo�r�seesment and
� i Taxation,Ex-ORcio County C�erk `���'�� ,
RESTRICTIVE COVENANT �-
(FUTURE STREET IMPROVEMENTS)
THIS AGREEMENT is entered into this 9th day ofApril, 2007, by the City of Tigard, a Municipal
Corporation of Washingion County, Oregon, ("CITY"), and Victor Welsh, ("OWNER").
RECITALS
WHEREAS OWNER is the �wner of record of Property covered by this Agreement as shown in Section
1 below, and
WHEREAS OWNER has received approval of a development on the Prope�ty from the CITY, as se# forth
in MLP2005-00003 dated 10/14/05 Effective Date of Land Use Approval and
WHEREAS Chapter 18.810 of the TMC (Tigard Municipal Code) contains certain conditions appficable to
street improvements, and issuance of permits is conditioned on OWNER'S compliance with the TMC,
and
WHEREAS OWNER wishes to mitigate the impacts of the proposed development, and
WHEREAS parties wish to fulfill the requirements of Chapter 18.810.
IN CONSIDERATION of the mutual promises, covenants and undertakings, and the issuance of a
building permit in advance of OWNER constructing improvements required by the TMC, the parties agree
as follows:
Section 1: The real property subject to this Agreement is described as follows:
Parce�s 1 & 2 of MLP2005-00003 and Tax Lot 9S135DD-04300
J�a r1 ; -{ � � r� P1atNo. a0U7 - U31 .
Recorded as Document No. d vo�U �a �3 8_ , Washington County, Oregon.
OWNER agrees that the terms of this Agreement shall bind the OWNER as well as its
heirs, successors in interest or assigns.
Section 2: The improvements covered by this Agreement are as follows:
Greenburg Road
Half-street improvements including, but not limited to, curb, sidewafk, planter strip, street
trees, pavement and storm sewer
Section 3: This Agreement shall be in full force and efFect from the date of its execution until the
improvements referred to in Section 2 are constructed in accordance with CITY standards .
in effect at the time of construction.
Restrictive Covenant (Future Street Improvements} Page 1 of 4
Section 4: CITY agrees that the improvements listed in Section 2 will only be required as a result of
any one of the following events:
(1) when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
(2) when the improvements are part of a larger public project to be financed or paid for
in whole or in part by ClTY or other public agency,
(3) when the improvements are part of a larger project to be constructed by a third
party and involves the sharing of design and/or construction expenses by the third
party owner(s) of property in addition to the property described in Section 1, or
(4) when construction of the improvements are deemed to be appropriate by the City
Engineer in conjunction with construction of improvements by others adjacent to
the improvements described in Section 2.
In addition to this Agreement, OWNER'S obligation to share design and/or construction
expenses may arise by application of the Reimbursement District Ordinance; Chapter
13.09, TMC, or any similar ordinance or law providing a process whereby such expenses
are distributed among benefited properties.
Section 5: OWNER agrees to sign any and all waivers, petitions, consents and all other documents
necessary to obtain the above listed applicable improvements under any improvement act .
or proceeding of the State of Oregon, Washington County, or the CITY as may be
proposed or adopted and to waive al1 right to remonstrate against the improvements listed
in Section 2 above, submitted either alone or in conjunction with other improvements �
described in Section 4, as may be proposed. OWNER agrees that in lieu of any other
document, CITY may treat this Agreement as a waiver of remonstrance on behalf of the
property described in Section 1 against formation of such a Local Improvement District.
OWNER covenants and agrees that the improvements described in Section 2 will specially
benefit OWNER'S property as described in Section 1.
Section 6: If CITY decides to form a Local Improvement District as a mechanism for the installation of
improvements listed in Section 2, then OWNER shall retain the right to protest only the ,
amount or the manner of spreading the assessment, but not the formation of such district.
Section 7: ClTY acknowledges that OWNER'S execution and performance of the terms of this
Agreement constitutes compliance with the requirements of TMC Chapter 18.810.
Section 8: OWNER agrees that if CITY causes the improvements listed in Section 2 to be
constructed, or part of such improvements without regard to the source of funds for such
project, but not as part of a Local Improvement District, then CITY will charge to OWNER
and OWNER will promptly pay OWNER'S share of the cost of such improvements.
OWNER'S share will be determined by CITY in a manner similar to spreading the cost of a
public improvement to specially benefited properties. The parties intend OWNER to share
in the cost of improvements even though actual construction is undertaken and performed
by some third party, so long as the improvements, listed in Section 2, are included within
the project.
(1) Except as otherwise provided in subsection (2) of this section, prior to construction
of such improvements under this section, OWNER shall be provided not less than
six (6) months written notice by first class mail that the project will be built. The
notice shall advise OWNER that OWNER will share in the cost of such
Restrictive Covenant(Future Street Improvements) Page 2 of 4
improvements and provide OWNER with an estimate of the total project cost as
well as an estimate of OWNER'S share of the costs. Failure to provide this "six
month" notice in advance of construction shall not nullify OWNER'S obligation to
pay, but shafl only extend the payment due date by the amount of time less than
six months that notice was given, but not more than six months. Upon completion
of improvements pursuant to this Section, CITY shall provide written notice to
OWNER of OWNER'S share of the actual cost of the improvements and OWNER
shall pay OWNER'S share within si�y (60} days. If OWNER's share of the cost of
the improvements is $10,000 or more, the owner may elect to pay the City in 10
equal annual installments, with the first installment due within 60 days of the
notice. The installment option shall be available only if the OWNER provides
written notice and the first payment within 60 days of the notice. If the installment+.
option is chosen, the unpaid amounts shall bear interest at the then legal rate of
interest. Interest on overdue payments shall bear interest at the rate of one and.
one-half (1 '/z%) per month from the date the payment is due until paid.
(2) Where the improvements listed in Section 2 are constructed by a third party, who
seeks reimbursement in accordance with the Reimbursement District Ordinance,
Chapter 13.09, TMC, or a similar ordinance, then the terms and procedures of the
ordinances shall apply in lieu of the provisions in subsection (1) of this section.
Section 9: At any time prior to the events listed in Section 4, OWNER or OWNER's successors may
pay to the CITY an amount determined by the CITY to be OWNER's share of the
anticipated cost of the future improvements. Payment under this section shall discharge
all of OWNER's obligations under this Agreement. City shall use the funds received under
this section solely #o pay for the costs of the improvements.
Section 10: CITY and OWNER intend that all terms of this Agreement shall be covenants, conditions,
and restrictions running with the title to the property covered by this Agreement, and shall
be binding upon parties to this Agreement, their heirs, executors, assigns, administrators,
and successors and shall be construed to be a benefit and a burden upon the property
described in Section 1. The pa�ties agree the CITY may, for purposes of recovering the
cost of improvements described in Section 2, levy an assessment against the property,
described in Section 1, and may enforce payment of such assessment in the manner
provided in ORS Chapter 223 or the general laws of the State of Oregon.
Section 11: Promptly after its execution by the pa�ties, this Agreement shall be recorded in the records
of Washington County to provide public notice and especially notice to future owners of
property, described in Section 1 of the conditions, covenants and restrictions against the
title to the prope�ty imposed by this Ag�eement.
Section 12: CITY may enforce the terms of this Agreement in any court of competent jurisdiction. In
addition to any other legal remedies, OWNER'S failure or refusal to comply with this
Agreement shall constitute a violation of the TMC and the rights, remedies, and penalties
provided in the TMC may also be enforced.
Section 13: If suit or action is instituted to enforce a right guaranteed in this agreement, the prevailing
party shall be entitled to, in addition to the statutory costs and disbursements, a
reasonable attorney's fee to be fixed by the trial and appellate cou�ts respectively.
Section 14: The parties agree that if any term of provision of this agreement is declared by a court to
be illegal or in conflict with any {aw, the validity of the remaining terms and provisions shall
Restrictive Covenant (Future Street Improvements) Page 3 of 4
not be affected, so long as this agreement continues to reflect the intent of the parties. The
parties shall negotiate an equitable adjustment of this agreement so that the purposes of
this agreement are affected. ,
Acknowledgment of OWNER'S signature(s) must be notarized. Where the OWNER is a corporation, it
has caused its name to be signed by resolution or official approval of its board of directors.
OWNER(S):
UlC TQ2 G�J/�LSI� `
Name of Corporation Signature
�DO.ss s�J �D����,� /��-y s��as
Addr s Title
. �/�r/�Lc./ua/I 4�/t ��/ ',��l . -
Signature �
Tax Statement Mailing Address (itd��rerent from above) Title
STATE OF OREGON)
� S5.
County of Washington )
This instrument was acknowle ed before me on,(date) by d�1^����by:
(name(s) of person (s)) as ' _ �...��� (type of authority, e.g., officer, trustee,
etc.) of P� c..vf� (name of party on half o w m instru ent was executed).
GV✓
OFFICIAL SEAL Notary's Signature
RAI�DALK HAGIAR My Commission Expires: �,r J." I lo, ��o�_
t�EOTARY PUBLIC-ORE{iON '�`�T-
CQMMISSION Np.387806
MY COMMISSION EXPIRES OECEMBER 16,2009
'f�..
Accepted on behalf of the City of Tigard this �3 day of ✓� � , 20 a7.
QP- b�..a.-r......� .
City Engineer
Restrictive Covenant (Future Street Improvements) Page 4 of 4
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'/ p RETRU\ RECORDF D DOCUA1ENT TO:
�� p � CITY HALL RECORDS llEPAR'TA9ENT,
' ( ��` CITY OF TIGARD
13125 S�V Hall I31vd.
Tigarct,OR )7223 01124072200700625410030035
I,Richard Hobernicht,Dlrettor of Ass�sement and s°`�-°�'�'�
Fr:`.-�.
Taxation and Ex-Orticlo County Clerk for Weshinpton f`.f Y,`�`'�;,
f?VDIVIDUAL Count Ore on,dohereh certi thatthewlthin �"�.
Y, G Y TY (..'rv'_a�'4i'-�-
Instrument of writlnp wes received and recorded in the �'i�:,�
� book of rocortls o(said cou� n �t/4�i�v';�� ���y,
,�,.aJ.�cy( '4,.�'F��•
�'N �
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Rlchard HoberNcht,Director of Assessment and ,_vs,.�,',�'
FI�C\O. �i Taxation,Ex•Oficlo County CIerN
1 ' ' •
, DEDICATION DEED �
FOR ROAD OR STREET PURPOSES Space above r•eseived for Woshrr�glori Cowrty Recording/uforntntio�r �
VICTOR B. WELSH does hereby dedicate
to tlie public a peipetual right-of-way for street, road,and utility puiposes on,over,across, under, along,and
witliin the follo�ving described real propeRy in Washington County,Oregon:
Attaclied Exhibit"A"&��B��
To have and to hold the above-described and dedicated rights unto the public forever for uses and pucposes
hereinabove stated.
The graniors hereby covenant that they are the owner in fee simple and the property is free of all liens and
encumbrances, they have good and legai nght to grant their right above-described, and they will pay all .
taxes and assessments due and owing on the property.
The true consideration for this conveyance is $.00. However, the actual consideration consists of or
includes other property or value given or promised�vhich is the whole consideration.
I ' �IT ESS �VHEIZEOF,I hereunto set my hand on tllis �/'�day f /j'J/9 Y ,20Q7
/� � i� ,�' .
Sigriature Signahire VICTOR B. WELSH
20055 S.W. Pacific Hwy. , Ste. 105 11850 SW Greenburg Rd. _
Tax Statement 1�4ailing Address Property Address ,
Sherwood, OR 97140 Tigard, OR 97223
STA"I'E OF OREGO?� )
)ss. .
County of Washiilgton ) .
This inshument was ackno�vlcdgcd before me on �� Z.�'' date)by: �f V7�� ��i1S��
(name of person(s)). '
OFFICIAL SEAL �
RAhfDRL K HAaAAR J�GN � Gy�'I�� '
�t�� � PJO;ARY f-U6LIC-O�iEC30N otary's Signature`
COMM(SSION N0.387806 n'�
MY CGMM{SSIQN EXP{RES DECEA9BER 18, My Commission Expires: /���, �
Accepted on belialf of the City of Tigard tl�is ��'�day of, M 20 0 7 .
Q1 " O��r
City Engineer
I:�ENG1W bGc fortnsl�edic�on Deed ROWandv-tr.dol
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-�. Tom Nelson & Associates, L.L.C.
Land Surveying And Mapping
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EXHIBIT"A"
l0' RIGHT OF WAY DEDICATION
A PORTION OF THAT TRACT OF LAND AS DESCRIBED 1N DOCUMENI' NUMBER
2004-069195, LOCATED IN THE SUUTHEAST QUARTER OF SECTION 35 TOWNS[-i1P I .
SOUTH, RANGE ] WEST OF THE WILLAMETTE MERIDIAN, 1N "I'HE CITY OF TIGARD,
COUNTY OF WASHINGTON, STATE OF OREGON. SA1D PORTION OF LAND F3EING
MORE PARTICULARLY DESCRIBED AS FOLLOWS: .
BEGINNING AT THE SOUTHEAST CORNER OF SAID TRACT;THENCE,N 45°45'S2" W
A DISTANCE OF 119.96 FEET ALONG THE NORTH RIGHT OF WAY LINE OF SW
GREENBURG ROAD, TO THE SOUTHWSST CORNER OF SAID TRACT;THENCE,
N 44°28'S8" E A DISTANCE OF 10.00 FEET;THENCE, S 45°45'S2" E A DISTANCE OF
1 I 2.86 FEET TO THE EASTERLY PROPERTY L1NE;THENCE, S 09°02'13"W A
DISTA�ICE OF 12.24 FEET, MORE OR LESS,TO THE POINT OF BEG1T�'NING.
CONTAII�'S AN AREA OF 1,164,00 SQUARE FEET, 0.03 ACRES, MORE OR LCSS.
REGISTfRED
P� p��S510NA1
IAND Sl]RVEYOR
_ ��, � �� ..
OREGON
JULY 26, 1488 '
THaMAS G. NELSON
2351
�t�Ct.�,�4� : IZ-1 S�/�
1001 SE Water Ave.,Suite 390•Portland OR 9J214
Phone 503-230-1932•Fax 503•230•1962
h tt p://wmv.tnasurvey.com
PARCEL 2 �1.�'—FND 5/8" iR
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✓ � S�_.�0 56.00 511.00-Total=532.00
��' ` �ItF;TURti RECORDED DOCI��IENT TO:
� o� ��-��,� ��:,�_� «��o�z��� »E:►�,►z-��:,,�:.►,
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� I �i;.'.������+���Z ���z23 � I,Ritherd Hobernicht,Director of Assesament and '
` �,:�r
Taxatfon and Ez-ORicio County Clerk for Washinqton '�-%q'�,�'
County.Orepon.Co hereby certiy that the within r`%�
INDIVTDUAI. instrument of writiny was r�ceived and recorded in the ` k �
�;i:�.�
Dook of rccortls of said tou L�, � �'�T
����y�:�
�P 2005-00003 � Richard Hobernicht,Oirector ofASSesement and �;`�;`�i;
FI�C�10. Taxatlon,Ex-ORitio County Clerk .
RESTRICTNE COVENANT
FOR A IZESERVE R[GHT-OF-WAY STRIP Space ubove r•eserved ja'IVashinotoit Caun�y Recordii��litfor•n�a�iar '
KNOW ALL PERSONS BY THESE PRESENTS,that VICTOR B. WELSH , a�i individual, does
�rantor being lawfully seized in fee simple of the following described premises, in consideration of granting
of a Land Use Decision MLP200�-�0003, Item No. 2l, which is the whole consideration, does hereby
establish a ten foot, reserve ribht-ot=way strip along SW Greenburg Road frontage, as approved by Land
Use Decision MLP2005-00003, Item No. 21 over that certain real property situated in the City of Tigard,
Counry of Washington and State of Oregon,and being more particularly described as follows:
Attached Exhibits "A" and"B"
This restrictive covenant shall run with the land, burdening the subject site and to the benefit of the citizens
of th� Ciry of Tigard by and through their City Council. It is binding on the parties, their successors, heirs,
assigns, and grantees, and before this restrictive covenant can be removed, authorization must tirst be
obtained fi-om the City of Tigard. Tl�is agreement sl�all survive transfer of jurisdiction of tl�e above named
right-of=way.
This a�reement is intended to protect the puUlic from any deleterious effect on the approval or ensure proper
public services as provided in the City of Tigard Community Development Code, and is for the benefit of
the City of Tigard a�ld is enforceable by the Tigard Ciry Council.
The covenantor agrees that execution of this agreement in no way limits, restricts,or pre-empts the authority
uf the City of Tigard to exercise any of its governmental authority applicable to said property.
fN ` SS WHEREOF, I hereunto set my hand on this��day of �h/9 y ,20�7
/.� � ��
S nature Signature VICTOR B. WEESH
20055 S.W. Pacific Hwv. , Ste. 105 11850 SW Greenburg Rd.
Tax Statement Mailing Address Property Address
Sherwood, OR 97140 TiQard, OR 97223
STA"I'E OF OREGON )
)ss.
. �
. ��. Tom Nelson & Associates, L.L.C.
Land Surveying And Mapping
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EXHIBIT"A"
10' RESERVE R1GHT OF WAY STR[P
A PORTION OF THAT TRACT OF LAND AS DESCRIBED 1N DOCUMENT NUMBER
20Q4-069195, LOCA"I�ED [N TFIE SOUTHEAST QUARTER OF SECTION 35 TOWNSHIP I
SOU'i'H, RANGE 1 WGST OF THE WILLAMETTE MERIDIAN, IN THE CI"fY OF T[GARD,
COUNTY OF �VASHINGTON, STATE OF OREGON. SAID PORTION OF LAND BEING
MORE PARTlCULARLY DESCRIBED AS FOLLOWS:
BEG[NN1NG AT TH� SOUTHEAST CORNER OF SAID TRACT;THENCE,N 09°02'13" E
A DISTANCE OF 12.24 FEET; THENCE,N 45°45'S2"W ALONG THE NORTH RIGHT OF
WAY DEDICATION LINE A DISTANCE OF 112.86 FEET;THENCE, N 44°28'S8"E A
DISTANCE OF 10.00 FEET ALONG THE WESTERLY PROPERTY L[NE; THENCE,
S 45°45'S2" E A DISTANCE OF 10�.77 FEET TO TI-iE EASTERLY PROPERTY L1NE;
TFIENCE, S 09°02'13" W ALONG THE EASTERLY PROPERTY LINE A D[STANCE OF
12.2a FEE`�;��HENCE, S 09°02'13" W A DiSTANCE OF 12.24 FEET, MORE OR LESS,TO
THE PO1NT OF BCGINNING.
CONTAINS AN AREA OF 1,093.00 SQUARE FEET,0.03 ACRES, MORE�R LESS.
REC; ISTERED
PROFESSIOh1AL
LAND SURVEYOR
l �. ��
OREGU'1
JULY 2i,, 1988
T}iOMAS G. NE:SON �
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PARCEL 1 �69� n+ 8o•5�'a�" w o.rs' (RS)
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' Washlnyton County,Orepon 2004-069195
• O6N 8l2004 10:Q1:58 AM
D-0bi Cnt�1 Btn=22 I REED ,
515.00 56.00 511.00•7otal=532.00
IIIIIIIII IIIIIIIIIIIIIIII IIIIIIIIIIII IIIIIIII
00603805200400691950030034
I,J�rty H�rnon,Dlnctor oTAu�nm�nt�nd TarKlon
and Er•Offlclo County Cl�rk lor Wuhinpton County, ��`'"���
. Onyon,do hv�by urtlfyth�tth�wlthln In�vum�nt of�°<�
writlnp wu nuiv�d�nd ncard�d In th�booN o/ �"�� ', �
�� ncord�af�dd county. f��` �
1,' �1P,�,Sa„ ?i
.l�rry R.H�n�On,Olr�tto��tmmt�nd Taxadon,�...
6 e:arn�ia co���Y a.n�
11 -- _ --
3Z.
Rerecording to con'ect n�'r' "�'
previously recorded as
aoo�-i- vl�l q33
I IIIII�II IIIIIII IIIII III II I I
2�04-69195
I� � �
�.- '"`�""�`°"°ounry,°`°°°" 2004-014933
712004 02:SS:�B PM
l� ' D-06 CK�1 �tn■� ADUYCK
r 510.00 fE. 511.00 i20.00•Toq!■i{7.Oo
���� , ¢t ,�>,K,�,�y THIS SPACE RE II I II I I�II I I I I II I�I I I(II I�II(I
. * 0053781820 �aaasoozooz
I,J�rtyH�n�on,Dinnere/Aumm anaTUatlon
�nd Es-ORlela Csun CI�rM for Vh�hln Caunty,
On00n,Eo h�nby c�Iry thY th�vAthin In� u+t of_4;; ���
wltlnpwuneNr�d�ntlnco'Wdln,p�.book ;l.l
ncoN�of Wd courRy. 1,,.,,����,pr
{ �f---�
Arry R N�nweti DlndxlFAw���m�M�nA Tantlon,
Aft�r recording return to: 6.�n��oco�a.n� �
PATHFINDERS HOMES, INC.
-- - — -_ __ --_ --
20055 SW PACIFIC HIGHWAY, SUI�
105
SHERWOOD, OR 97140
Until a change is requested all Wx statements
shai be sent to the foitowing address:
VICTOR B. WEISH
20055 SW PACIFIC HIGHWAY SUITE
105
� SHERWOOD, OR 97140
� File No.: 7011-331975(LS)
Date: February 17, 2004 �
\
C�
�
(� STATUTORY BARGAIN AND SALE DEED
C'1
O PATHFINDERS HOMES,INC.,AN OREGON CORPORATION THAT TOOK TITLE AS
�. PATHFINDER�F�£, Grantor,conveys to VICTOR B.WELSH, Grantee,the following described real
property: Homes
o Tract marked"F" in Survey of tract of land in the J.L.Hicklin Donation Land Claim No.54,
f-- 7ownship 1 South, Range 1 West,of the Willamette MeHdian,in tf�e City of Tigard,County of
�Q Washington and State of Oregon,more particularly descrfbed as follows:
Beginning at an iron pipe which is West 6.5 feet and South 1°57'West 1363.44 feet and
South 89°31'West 168.57 feet and South 8°46'30"West 209.57 feet from the Northeast
comer of the said Hidclin Donation Land Clalm,and going thence from said iron pipe and
true point of beginning,South 44°14'West 373.70 feet to an iron pipe on the Northeasterly
line of Greenburg Road;thence continuing South 44°14'West 25.0 feet to center line;
thence on center Ilne South 45°46' East 141.67 feet to a point which is South 59°43'30"
West 270.29 feet from a stone found on the Easterly line of said Hickiin Donation Land
Claim;thence from said paint on center line North 8°46'30" East 30.73 feet to an iron pipe
on the Northeasterly line of the road;thence continuing North 8°46'30" East 213.3 feet to
the true point of beginning.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN TNIS INSTRUMENT IN
VIOLATION OF APPLICABLE IAND USE LAWS AND REGULATIONS. BEFORE SIGIVING OR ACCEPTING
11-iI5 INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH TNE
APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO
DEfERMINE ANY �IMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINEO IN
ORS 30.930.
Page 1 of 2
__ _ iiiiiiiiiiii� iiiiiii�iiii
2004-69195
Illlillllll�lllf'I�IIIIIII -
20a4-1493�
APN:R0277300 Bargain and Sale Deed File No.:7011-331975(l5)
-continued Date:02/17/2004
The true nsideration for this conveyance is ;1.00, �He�e c«r,Pry W�a+���+�����or oRS 9s.o3o�
� ,� /��5_
�---
STATE OF Oregon )
)ss.
County of MULTNOMAH ) �
This instrument was acknowledged before me on this�day of 2
by VICTOR 8. WELSH, PRESIDENT OF P FINDERS HOMES, INC WHO T K TITL AS
PATHFINDERS HOMES. ��
OFFtCIAL SFl�I.
� L E SOHRELL
NOTARY PUBIJC-0R6QON
COMMISSION ND.3736�1 Na�ry Public for Oregon
MY COMMISSION F�cPIRES NOV.t8,200� My commission expires: 11/16/07
���`SS �r�CO Taxa[ion Rand�F�c-Offidot�Counry �Cle k or
4',� Waahington Couaty,do hu�by cutify chis to bc a
• • �'� true sn correct copy o[tht ori�inal.
: � '° �.j.,1 �p I � `�-�
; Dau:s.
••�• •� 'ITtic:
�
Page 2 0! 2
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