MLP2005-00009 NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2005-00009
CITY OF TIGARD
MITCHELL-GALICH PARTITION Community 1�eveCopment
S(tapingA BetterCommunity
120 DAYS =3/18/2006
SECTION I. APPLICATION SUMMARY
FILE NAME: MITCHELL-GALICH PARTITION
CASE NO: Minor Land Partition (MLP) MLP2005-00009
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
.73-acre lot into three (3) parcels for detached single-family residences. An
existing single-family dwelling exists on the subject parcel and is proposed to
remain on Parcel #1. The applicants received approval in 2003 to adjust the street
improvement requirements of Chapter 18.810 in order to place future sidewalks in
easements during the partitioning of the subject property (VAR2003-00018).
APPLICANT: Michael Mitchell and Patricia Galich OWNER: Same
10205 SW Murdock Street
Tigard, OR 97224
ZONING
DESIGNATION: R-3.5: Low-Density Residential District. The R-3.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 10,000 square feet. Duplexes and attached
single-family units are permitted conditionally. Some civic and institutional uses are
also permitted conditionally.
LOCATION: 10205 SW Murdock Street; WCTM 2S111 BC, Tax Lot 2500.
PROPOSED PARCEL 1: 10,000 Square Feet.
PROPOSED PARCEL 2: 10,000 Square Feet.
PROPOSED PARCEL 3: 10,000 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and
, Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree
Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility
Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions. The findings and conclusions on which the
decision is based are noted in Section V.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 1 OF 20
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
u mit to t e anning epartment ary agenstec er, , ext. or review an
approval:
1. Prior to final plat approval, the applicant shall revise the preliminary plat to include a note to the
effect that all structure setbacks including garages shall be measured from the interior edge of the
pedestrian sidewalk easement rather than the property line.
2. Prior to final plat approval, the applicant shall revise the preliminary plat to include the visual
clearance areas.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
3. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required
for this project to cover street improvements, utility extensions and laterals 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 pu lic improvements.
Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public
Improvement besi n Standards, which are available at City Hall and the City's web page
(www.tigard-or.qov�
4. 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.
5. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT:
Shirley Treat, Engineering).
6. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate
in the future improvements of SW Murdock Street adjacent to the sub�ect property, when any of
the following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
B. when the im�rovements are part of a larger project to be financed or paid for in whole or in
part by the City or other publ�c agency,
C. when the improvements are part of a larger project to be constructed by a third party and
involves the sharing of design and/or construction expenses by the third party owner(s) of
property in addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by the City Engineer
in conjunction with construction of improvements by others adjacent to the subject site.
7. The applicant shall execute a Restrictive Covenant whereby they a�ree to complete or participate
in the future improvements of SW 103�d Avenue adjacent to the sub�ect property, when any of the
following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in whole or in
part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed by a third party and
involves the sharing of design and/or construction expenses by the third party owner(s) of
property in addition to the subject property, or
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 2 OF 20
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 tY�e subject site.
8. Prior to final plat approval, the applicant's design engineer shall submit documentation, for review
by the City (Kim McMillan), of the downstream capacity of any existing storm facility impacted by
the proposed development.
9. Prior to final plat approval, the applicant's engineer shall submit plans and calculations, for review
by the City (Kim McMillan) for the proposed stormwater disposal to an approved public system.
10. Prior to final plat approval the applicant shall complete the proposed and approved stormwater
improvements.
11. The applicant shall either place the existing overhead utility lines along SW Murdock Street
underground as a part of this project, or they shall pay the fee in-lieu of undergrounding The fee
shall be calculated by the frontage of the site that is parallel to the utility lines and will be $35.00
per lineal foot. If the fee option is chosen, the amount will be $7,875.Ob and it shall be paid prior
to final plat approval.
12. 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."
13. The applicanYs final plat shall contain State Plane Coordinates on finro monuments with a tie to
the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates
can be established by:
. GPS tie nefinrorked to the City's GPS survey.
• By random traverse using conventional surveying methods.
14. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/En ineering Permit Technicians, at 503) 639-4171, ext. 2421).
C. The final pla� and data or narrative shall be rawn to the minimum standards set forth by
the Oregon Revised Statutes (ORS 92.05), Washington C�unty, and by the City of Tigard.
D. The right-of-way dedication for Murdock Street and 103� Avenue shall be made on the
final pTat. The dedication shall provide for 25 feet from centerline on both streets. In
addition, the plat shall s�ow a 2 foot public sidewalk easement along the frontages of
Murdock Street and 103� Avenue.
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:
u mit to t e anning epartment ary agenstec er, , ext. or review an
approval:
15. Prior to issuance of building permits, the full text of City Forester's tree protection plan
requirements, as identified in the findings for Section 18.790 shall be placed on the tree protection
plan and included in the construction drawings.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 3 OF 20
16. Prior to issuance of building permits, the applicant shall ensure all proposed protection fencing
is installed and inspected, and shall remain in place through the duration of home building.
After approval from the City Forester, the tree protection measures may be removed.
17. Prior to issuance of building permits, the applicant shall record a deed restriction for each lot to
the effect that any tree larg er than 12 inches in diameter shall not be removed unless the tree
dies or is hazardous according to a certified arborist. The deed restriction may be removed or will
be considered invalid if a tree preserved in accordance with this section should either die or be
removed as a hazardous tree.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
18. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
19. During issuance of the building permit for Parcels 2 & 3, the applicant shall pay the standard
water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF CIRTIFICATES OF OCCUPANCY:
u mit to t e anning epartment ary agenstec er, , ext. or review an
approval:
20. Prior to the issuance of any Certificates of Occupancy, the applicant shall ensure the Project
Arborist has submit written reports to the City Forester, at least, once every two weeks, from
initial tree protection zone (TPZ) fencing installation, as he monitors the construction activities
and progress. These reports should include any changes that occurred to the TPZ as well as
the condition and location of the tree protection fencing. If the amount of TPZ was reduced
then the Project Arborist shall justi why the fencin� was moved, and shall certify that the
construction activities to the trees id not adversely impact the overall and long-term health
and stability of the tree(s). If the reports are not submitted or received by the Cify Forester at
the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being
followed by the contractor, the City can stop work on the project until an inspection can be
done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree
protection fencing, determine if the fencing was moved at any point during construction, and
determine if any part of the Tree Protection Plan has been violated.
21. Prior to the issuance of any Certificates of Occupancy, the applicant shall plant street trees in
accordance with the Revised Tree Assessment prepared by Tree Care & Landscapes Unlimited,
Inc. and dated March 28, 2005. The proposed trees shall be planted in accordance with the
standards for size and spacing in this title, under Section 18.745.040.C.
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 111. BACKGROUND INFORMATION
Pro e Histo :
e su Ject ot is located within the City of Tigard. The property is designated Low-Density Residential
on the Tigard Comprehensive Plan Map. The applicants received approval to adjust the street
improvement requirements of Chapter 18.810 in order to place future sidewalks in easements during
the partitioning of the subject property (VAR2003-000018).
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 4 OF 20
Site Information and Pro osal Descri tions
e su �ect property is approximatey .73 acres or 31,799 square feet in size. The site has
appr�ximately 225 feet of frontage on SW Murdock Street and approximately 142 feet of frontage on SW
103� Avenue. The property slopes gently down towards the east. The ad�acent properties are developed
with single-family homes.
The owner is proposing to partition two additional lots from the western portion of the subject site as
indicated on the proposed partition plat. Proposed Parcel #1 (10,000 square feet) includes an existing
dwelling that is proposed to remain. Proposed Parcel #2 is 10,b00 square feet and proposed Parcel 3 is
10,000 square feet.
SECTION IV. PUBLIC COMMENTS
The City mailed notice to property owners within 500 feet of the subject site providing them an
opportunity to comment. Shelly Cooper and Andrew Shelley, neighbors, responded with an email
identifving their concerns for maintaining the character of the neigfiborhood through maintaining the
10,006 square foot minimum lot size. As the findings in this decision show, the applicant is required to
maintain the minimum lot size.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
Land Partitions (18.420):
The proposed partition complies with all statutory and ordinance requirements and regulations;
The proposed partition complies with or can be made to comply with all statutory and ordinance
requirements and regulations as demonstrated by the analysis contained within this administrative
decision and through the imposition of conditions of development approval. Provided that all necessary
conditions are satisfied as part of the development and building process, this criterion is met.
There are adequate public facilities available to serve the proposal;
Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street 8� Utility
Improvement Standards). Based on the analysis provided herein, Staff finds that adequate public
facilities are available to serve the proposal. Therefore, this criterion is met.
All proposed improvements meet City and applicable agency standards; and
The public facilities and proposed improvements are discussed and conditioned later in this decision
under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part
of the permit process and during construction, at which time the appropnate review authority will ensure
that City and applicable agency standards are met. Based on the analysis in this decision, Staff finds
that this criterion is met.
All proposed lots conform to the specific requirements below:
The minimum width of the building envelope area shall meet the lot requirement of the applicable
zoning district.
The minimum lot width required for the R-3.5 zoning district is 65 feet. Parcel #1 is approximatel�r 79
feet in width, parcel #2 is approximately 67 feet in width, and Parcel #3 is approximately 69 feet in width.
Therefore, this criterion has been met.
The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the
accessway may not be included in the lot area.
The minimum lot area requirement in the R-3.5 zoning district is 10,000 square feet for detached
single-family units. The proposed partition creates three (3) lots that are each 10,000 square feet. No
flag lots are proposed. Therefore, this criterion has been met.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GA�ICH PARTITION PAGE 5 OF 20
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.
As shown in the applicant's plans, each of the three proposed parcels has more than the 15-foot
minimum public street frontage. Therefore, this criterion is met.
Setbacks shall be as required by the applicable zoning district.
Setbacks for the R-3.5 zoning district are as follows: front = 20 feet; side = 5 feet; and rear =15 feet. The
existing house on Parcel #1 is proposed to remain. This structure is situated 34.4 feet from the front
properFy line after a 5-foot right of way dedication to the City for SW Murdock Street. The existing
residence is located 17.4 feet from the existing east side property line and 19.1 feet from the proposed
west side property line, and 24 feet from the proposed rear property line. Therefore, this criterion is met.
When the partitioned lot is a flag lot, the developer may determine the location of the front yard,
provided that no side yard is less than 10 feet. Structures shall generally be located so as to
maximize separation from existing structures.
No flag lots are proposed; therefore this standard is not applicable.
A screen shall be provided along the property line of a lot of record where the paved drive in an
accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040.
Screening may also be required to maintain privacy for abutting lots and to provide usable
outdoor recreation areas for proposed development.
All three of the driveway locations shown on the preliminary partition map are located more than 10 feet
from adjoining properties. Therefore, this criterion is met.
The fire district may require the installation of a fire hydrant where the length of an accessway
would have a detrimental effect on fire-fighting capabilities.
The fire district (NFR) has reviewed the proposal and has not required an additional fire hydrant; there
is already a hydrant near the northwest comer of Parcel #2. Therefore, this criterion is met.
Where a common drive is to be provided to serve more than one lot, a reciprocal easement
which will ensure access and maintenance rights shall be recorded with the approved partition
map.
There are no existing or proposed shared driveways; therefore this standard is not applicable.
Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and
Circulation.
Access standards are addressed under Chapter 18.705 (Access, Egress and Circulation) later in this
decision. The proposed accesses for lots 1-3 are consistent with the provisions of TDC18.705.
Where landfill andlor development is allowed within or adjacent to the one-hundred year
floodplain, the city shall require consideration of the dedication of sufficient open land area for
greenway adjoining and within the floodplain. This area shall include portions at a suitable
elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan.
The partitioned lots are not within nor adjacent to a one-hundred-year floodplain. Therefore, this
standard does not apply.
NOTICE OF DECISION MLP2005-00�09/MITCHELL-GALICH PARTITION PAGE 6 OF 20
Residential Zoninq Districts (18.510):
Development standards in residential zoning districts are contained in Table 18.510.2 below:
TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-3.5 Parcel1 Parcel2 Parcel3
Minimum Lot Size
-Detached unit 10,000 sq.ft. 10,000 sf 10,000 sf 10,000 sf
-Duplexes
-Attached unit
Average Minimum Lot Width
- Detached unit lots 65 ft. 79 ft. 67.58 ft. 69.34 ft.
- Duplex lots 90 ft.
-Attached unit lots
Minimum Setbacks
-Front yard 20 ft. 34.4 ft. Can be met Can be met
-Side facing street on corner&through lots 20 ft. N/A N/A Can be met
-Side yard 5 ft. 17.4/19.1 ft. Can be met Can be met
- Rear yard 15 ft. 24 ft. Can be met Can be met
-Side or rear yard abutting more restrictive zoning district — N/A N/A N/A
- Distance between property line and front of garage 20 ft. 34.4 ft. Can be met Can be met
Maximum Hei ht 30 ft. existin Can be met
Minimum Landsca e Re uirement 20% existin Can be met Can be met
FINDING: As demonstrated in the above table, the development standards of the R-3.5 zone have
been met for proposed Parcel #1 and can be met for proposed Parcels #2 and #3. The
setbacks will be applied during the building permit process. Therefore, the proposed minor
land partition is consistent with the development standards in Table 18.510.2.
Variances and Adiustments (18.370):
18.370.020-C-11. Adjustments for street improvement re uirements (Chapter 18.810). By means
of a Type II procedure, as governed by Section 18.390.0�0, the Director shall approve, approve
with conditions, or deny a request for an adjustment to the street improvement requirements,
based on findings that the following criterion is satisfied: Strict application of the standards will
result in an unacceptably adverse impact on existing development, on the proposed
development, or on natural features such as wetlands, steep slopes or existing mature trees. In
approving an adjustment to the standards, the Director shall determine that the potential adverse
impacts exceed the public benefits of strict application of the standards.
FINDING: Allowing the public sidewalk improvements to be placed in easements provides enough
square footage for the property to be divided into three parcels, and setbacks would 6e
measured from the interior side of the easement boundary instead of the property line. If
setbacks were measured from the property line, the required 20-foot garage setback could
cause vehicles to obstruct pedestrians walking on the sidewalk. Therefore, the applicant
will be required to measure setbacks from the interior side of the easement boundary,
rather than from the,property line. Based on the imposed condition, there will be no
foreseeable adverse impacts from this adJ'ustment. Property owners will be required to
maintain sidewalks and planter strips and full public access will be insured. There are no
natural features (wetlands, steep slopes, existing mature trees) associated with the subject
property.
The adjustment to allow the public sidewalk imProvements to be placed in easements
was approved under case number VAR2003-00018 with an effective date of June 6, 2003.
CONDITION: All structure setbacks including ara es shall be measured from the interior edge of the
pedestrian sidewalk easement ra�her�han the property line.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 7 OF 20
Access, Eqress and Circulation (18.7051:
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 or parcel of real
property in the City.
The standards of this chapter will be a continuing obligation on the owners of these parcels.
Section 18.705.030.H.1 states that an access report shall be submitted with all new development
proposals which verifies design of driveways and streets are safe by meeting adequate stacking
needs, sight distance and deceleration standards as set by ODOT, Washington County, the City
and AASHTO.
The proposed driveways are located on local streets and the City's policy has been that sight distance
certification for a single parcel is not required. If two or more parcels are sharing access, then sight
distance certification is required.
Section 18.705.030.H.2 states that drivewa�rs shall not be permitted to be �laced in the influence
area of collector or arterial street intersections. Influence area of intersections is that area where
queues of traffic commonly form on approach to an intersection. The minimum driveway setback
from a collector or arterial street intersection shall be 150 feet, measured from the ri ght-of-way
line of the intersectin� street to the throat of the proposed driveway. The setback may be greater
depending upon the influence area, as determined from City Engineer review of a traffic impact
report submitted by the applicant's traffic engineer. In a case where a project has less than 150
feet of street frontage, the applicant must explore any option for shared access with the adjacent
parcel. If shared access is not possible or practical, the driveway shall be placed as far from the
intersection as possible.
Both Murdock Street and 103`d Avenue are local streets; therefore this criterion does not apply.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a
collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall
be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet.
Both Murdock Street and 103�d Avenue are local streets; therefore this criterion does not apply.
Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize
jointly the same access and egress when the combined access and egress of both uses,
structures, or parcels of land satisfies the combined requirements as designated in this title,
provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases
or contracts to establish the joint use; and copies of the deeds, easements, leases or contracts
are placed on permanent file with the City.
No joint access is proposed; therefore this standard does not apply.
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.
Proposed Parcels #1 and #3 have direct access to SW Murdock Street and Parcel #2 has direct access
to SW 103`d Avenue. Both are public streets, therefore this standard is met.
Minimum access requirements for residential use. Private residential access drives shall be
provided and maintained in accordance with the provisions of the Uniform Fire Code.
Each parcel will have a standard driveway. The slope of all three driveways will be less than the 3.5%
slope of the parcel. Parcel #1 will retain the existing driveway which will extend 34.4 feet from the revised
ri�ht of way line for Murdock Street. Parcel 2 will have direct access to SW 103`d Avenue and Parcel 3
will have direct access to SW Murdock Street. Therefore, this standard is met.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 8 OF 20
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°/a.
Proposed access drives are less than 50 feet; 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.
SW Murdock Street and SW 103`d Avenue are local streets servin� a low density residential
neighborhood. There are no specific reasons to restrict access or require �oint access for the proposed
parcels. Therefore, this standard does not apply.
FINDING: Based on the analysis above, the standards of the Access Management chapter (18.705)
have been satisfied.
Density Computations (18.715):
A. Definition of net development area. Net development area, in acres, shall be determined
by subtracting the following land area(s) from the gross acres, which is all of the land
included in the legal description of the property to be developed:
1. All sensitive land areas
2. All land dedicated to the public for park purposes;
3. All land dedicated for public rights-of-way.
4. All land proposed for private streets; and
5. A lot of at least the size required by the applicable base zoning district, if an existing
dwelling is to remain on the site.
B. Calculating maximum number of residential units. To calculate the maximum number of
residential units per net acre, divide the number of square feet in the net acres by the
minimum number of square feet required for each lot in the applicable zoning district.
C. Calculating minimum number of residential units. As required by Section 18.510.040, the
minimum number of residential units per net acre shall be calculated b multiplying the
maximum number of units determined in Subsection B above by 80% (0.8�
The subject .73-acre parcel totals 31,980 square feet. There are no sensitive land areas or private
streets within the subject proposal. To determine the net develo able area, the square footage to�
accommodate the existing house on Parcel #1 �10,000 square feet�and the Murdock Street and 103`
Avenue right of way dedications (1,980 square eet) are deducted rom the total (31,980 gross square
feet — 11,980 square feet deductions = 20,000 net developable square feet). As the minimum lot size
for the R-3.5 zone is 10,000 square feet, the maximum number of additiona) lots is two. The minimum
number of additional lots is one. The proposed partition creates t�ee (3) separate lots in
conformance with the density requirements.
FINDING: Based on the analysis above, the Density Computation Standards have been met.
Landscaping and Screeninq (18.745):
Street trees: Section 18.745.040
Section 18.745.040.A.: All development projects fronting on a public street, private street or a
private driveway more than 100 feet in length approved after tF�e adoption of this title shall be
required to plant street trees in accordance with the standards in Section 18.745.040C.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 9 OF 20
The proposed project includes frontage on SW Murdock Street and SW 103�d Avenue, both of which are
public streets. According to th� arborist report, the applicant's proposes street trees, 5 each at 2'/z"
Fraxinus Americana along 103� Avenue and 3 each at 2'/2 " Qurecua rubra along Murdock spaced at 30
feet with none located within 30 feet of the intersection. These species are included on the City of Tigard
Street Tree List. The proposed street trees meet the standard. The proposed trees shall be planted in
accordance with the standards for size and spacing in this title, under Section 18.745.040.C.
Bufferin� and Screening Requirements: Section 18.745.050.5
It is the intent that these requirements shall provide for privacy and protection and reduce or
eliminate the adverse impact of visual or noise pollution at a development site, without unduly
interfering with the view from neighboring properties or jeopardizing the safety of pedestrians
and vehicle.
The proposed minor land partition is located within a single-family R-3.5 zone. Adjacent properties are
also zone R-3.5. It is not expected that any adverse visual or noise impacts would be associated with the
proposed use, once partitioned. Therefore, no buffering or screening is required.
Tree Removal (18.790):
ree p an or �fF e�ting, removal and protection of trees prepared by a certified arborist shall
be �rovided for any lot„ parcel or combination of lots or parcels for which a development
application for a subdivision, partition, site development review, planned development or
conditional use is filed. Protection is preferred over removal wherever possible.
The applicant has submitted a tree assessment and protection plan dated March 28, 2005, prepared by
certified arborist, Raymond Myer. The City Forester has reviewed the arborist report and found the
report contains the required components and is therefore acceptable. The arborist's report indicates that
there are a total of 21 trees within the site and 12 which are greater than 12-inch diameter. Two (2) trees
greater than 12" DBH would be removed to allow development of Parcels 2 and 3. Since this represents
an 83% retention of the large trees, no mitigation is required.
The City Forester, however, notes that no building permits for the proposed Parcels #2 and #3 should be
issued until the City Arborist can verify that protection measures have been installed according to the
required tree protection plan.
The City Foresters Comments include the following:
TREE PROTECTION PLAN REQUIREMENTS
The full text of these following requirements shall be placed on the tree protection plan:
Any free that will not be removed ons�te thaf is within the limits of disturbance of thrs project must be
protected. Any tree fhat is located on property adjacent to the construction projecf that w�ll have more
than 15% of ifs roof system disturbed by construct�on acf�vrt�es shall a/so be protecfed.
Prior to construction, a Tree Protection Plan shall be included with the proposed construction drawings
conforming to the Infernational Society of Arboriculture (ISA) guidelines for revrew and approva! by the
City Foresfer. Al! tree protecfion dev�ces, along with their details and specifications, shall be shown on
the Tree Protection Plan. This plan shall also include the building footprints shown in relation to the
frees being preserved. Any free that wlll not be removed onsite that is wlthrn the limits of disturbance of
this pro�ect must be profected. Any free thaf is located on properfy adjacent to the construction project
that wi�l have more than 15% of its roof system disturbed by consfrucfion acfivities shal! also be
protected.
Prior to construction, fhe applicant shall submit a detailed construction schedule fo the City Forester with
notations as to when tree profection devices will be either insfalled or removed throughout construction
of the project.
A note shall be placed on the final set of plans indicating that equipment, vehicles, machinery, grading,
dumping, sforage, bur�a! of debris, or any other constructron-related actrvities shall not be locafed inside
of any tree protect�on zone or outside of the limits of disturbance where other trees are being protected.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 10 OF 20
All tree protection devices sha!!be:
• Visible.
• Constructed of 11 Gauge steel chain-link fencing supported on af Ieasf 2" O.D. stee!posts. Each
posf shall be no less fhan four feet high from the top of grade. Each post shall be driven info the
ground to a depth of no /ess than fwo and a half feef be/ow grade. Each post shall be spaced no
further aparf than four feet.
• Between each post, securely attached fo fhe chain-link fencing, shal!be a sign indicating fhat the
area behrnd the fencing rs protected and no construction acfivity, including materia! storage, may
occur behind the fencmg.
• Inspected and approved in the freld by fhe project arborist and City Forester prior to clearing,
gradrng, or the beginning of construction.
• Remain in place and maintained until all construction is completed and a frna! inspection is
conducted.
To determine the size of the tree protection zone (TPZ) the project arborist should follow fhe guidelines
listed be/ow:
• For individual trees follow the trunk diameter method. For every one-inch of diameter at breast
height (DBH), or 4 % feet above the ground, allow 12 inches of space from the trunk of fhe tree.
For example, a tree that is 15"at DBN must have af least 15' of tree protection zone around fhe
entire canopy of fhe tree.
• For groups of trees the tree profection zone musf be outside of the drip line of the trees on the
edge of the stand. !f there are conrfers with narrow crowns on the edge of the stand follow the
trunk diameter method or the drip line method, whichever is greater.
• Calculate and follow the Op timal Tree Protectron Zone calculation as shown in "Trees and
Development: A Technical Guide to Preservation of Trees During Land Development" by Nelda
Matheny and James R. Clark.
• The pro�ect arborist may propose an alternate method for the esfablishment of the TPZ, provided
fhe effort is coordinated w�th the City Forester.
If it is necessary to enter the tree protection zone at any time with equipment(frucks, buUdozers, etc.) the
project arborist and City Forester must be notified before any entry occurs. Before entering fhe TPZ, the
pro�ect arborist and City Forester shall determine the method by which entry can occur, along with any
add�t�onal tree protection measures.
The Project Arborist shall submif writfen reports to the Cify Forester, at least, once every two weeks, as
he mon�tors the construction activities and progress. These reports should include any changes that
occurred fo the TPZ as well as the condition and location of the free protection fencing. If the amount of
TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify fhat
the construction activities to fhe trees did not adversely impact the overal! and long-term health and
stability of the tree(s). If the reports are not submitted or received by fhe City Forester at the scheduled
intervals, and�f it appears the TPZ's or the Tree Protection Plan is not being followed by fhe contractor,
the City will stop work on the project until an insp ection can be done by the City Forester and the Project
Arborist. Th�s rnspection will be to evaluate the tree profection fencing, determine if the fencing was
moved at any poinf during construction, and determme �f any part of the Tree Protection Plan has been
violafed. If a wolation has occurred, one or more of the following penalties wil! be pursued through the
infraction process.
Notwifhstanding any other provision of this title, any party found to be in violation of fhis chapter pursuant
to Chapter 1.96 of fhe Tigard Munrclpa! Code sha!!be subject fo a civil penalfy of up fo $500 and shall be
required to remedy.any damage caused by the violation. Such remediation shall include, but not be
lim�ted to, the follow�ng:
A. Replacement of unlawfully removed or damaged trees in accordance with Section 18.790.060 (D)
of the Tigard Development Code; and
8. Payment of an additiona!civd penalfy representing the estimated value of any unlawfully removed
or damaged tree, as determined usrng the most current International Soaety of Arboriculture's
Guide for Plant Appraisal.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 11 OF 20
Prior to issuance of building permits, the Project Arborist shall submit a �nal certification indicating the
elements of the Tree Protecfion Plan were followed and that all remaining trees on the site are healthy,
sfable and viable in their modified growing environment.
Section 18.790.040 states that any tree preserved or retained in accordance with this section may
thereafter be removed only for the reasons set out in a tree plan, in accordance with Section
18.790.030, or as a condition of approval for a conditional use, and shall not be subject to
removal under any other section of this chapter. The property owner shall record a deed
restriction as a condition of approval of any development permit affected by this section to the
effect that such tree may be removed only if the tree dies or is hazardous according to a certified
arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in
accordance with this section should either die or be removed as a hazardous tree. The form of
this deed restriction shall be subject to approval by the Director.
The applicant will be required as a condition of approval to record a deed restriction limiting the removal
of trees that are retained on the project site greater than 12 inches in diameter, in accordance with this
standard.
FINDING: Based on the analysis above, the Tree Removal Standards have not been met. In order
to meet the standard, the applicant shall satisfy the following conditions:
CONDITIONS:
. The applicant shall plant street trees in accordance with the Revised Tree Assessment
prepared by Tree Care & Landscapes Unlimited, Inc. and dated March 28, 2005. The
proposed trees shall be planted in accordance with the standards for size and spacing in
this title, under Section 18.745.040.C.
. Prior to issuance of building permits, the full text of City Forester's tree protection plan
requirements, as identified in the findings for Section 18.790, shall be placed on the tree
protection plan and included in the consfruction drawings.
. Prior to issuance of building permits, the applicant shall ensure all proposed protection
fencing is installed and inspected, and shall remain in place through the duration of
home building. After approval from the City Forester, the tree protection measures may
be removed.
. Prior to issuance of building permits, the applicant shall record a deed restriction for each
lot to the effect that any tree larger than 12 inches in diameter shall not be removed unless
the tree dies or is hazardous according to a certified arborist. The deed restriction may be
removed or will be considered invalid if a tree preserved in accordance with this section
should either die or be removed as a hazardous tree.
• Prior to the issuance of any Certificates of OccuPancy, the applicant shall ensure the
Project Arborist has submit written reports to the Cit� Forester, at least, once every two
weeks, from initial tree protection zone (TPZ) fencing installation, as he monitors the
construction activities and progress. These reports should include any chan�es that
occurred to the TPZ as well as the condition and location of the tree protection encing.
If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing
was moved, and shall certify that the construction activities to the trees did not
adversely impact the,overall and long-term health and stability of the tree(s). If the
reports are not submitted or received by the City Forester at the scheduled intervals,
and if it appears the TPZ's or the Tree Protection Plan is not being followed by the
contractor, the City can stop work on the pro�ect until an inspection can be done by the
City Forester and the Pro�ect Arborist. This inspection will be to evaluate the tree
protection fencing, determine if the fencing was moved at any point during construction,
and determine if any part of the Tree Protection Plan has been violated.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 12 OF 20
Visual Clearance Areas (18.795):
This� ap er requires a a c ear vision area shall be maintained on the corners of all property
adjacent to intersecting right-of-ways or the intersection of a public street and a private
driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or
temporary or permanent obstruction exceeding three (3) feet in 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 finro points
with a straight line.
The applicant's site plan does not show the vision �learance triangles for the intersection of the
proposed driveways with SW Murdock Street and 103� Avenue. Therefore, the applicant shall revise
the preliminary plat to include the visual clearance areas, consistent with this standard.
PUBLIC FACILITY CONCERNS
Street And Utilitv Improvements Standards (Section 18.810�
L a e�r 'f8:8 provi es cons ruc ion s an ar s or f�implementation of public and private
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be
improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion
of an existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a collector street to
have a 35-foot ri ht-of-way width and 23-foot paved section. Other im rovements required may
include on-stree�parking, sidewalks and bikeways, underground utili�es, street lighting, storm
drainage, and street trees.
This site lies ad1'acent to SW Murdock Street and SW 103�d Avenue, which are classified as local streets
on the City of Tgard Transportation Plan Map. At present, there is approximately 20 feet of ROW from
centerline, according to the most recent tax assessor's map. The applicant should dedicate the
additional ROW to provide 27 feet from centerline. Because the minimum lot size requirement of 10,000
square feet and the dedication of 27 feet from centerline would only allow 2 parcels the applicant has
requested an adJ'ustment to allow a portion of the public sidewalk to be within a public easement. Staff
has agreed to this adjustment because the square footage available for the lots is so close to the
min�mum required for three parcels. The applicant has agreed to dedicate as much of the ROW as
possible, while retaining 30,000 square feet for the three parcels. The applicant's plans show that ROW
dedication will provide 25 feet from centerline along both frontages. The remaining 2 feet of the 27 feet
will be included in a public sidewalk easement that will be recorded on the plat.
SW 103�d Avenue and Murdock Street are currently partially improved. In order to mitigate the impact
from this development, the applicant shall enter into a restrictive covenant for future street improvements
for both frontages.
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.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 13 OF 20
There is no opportunity or need for street extensions through this development, therefore, this standard
is not applicable.
Block Designs - Section 18.810.040.A states that the length, width and shape of blocks shall be
desi�ned with due regard to providing adequate buifding sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall
not exceed 1,800 feet measured along the right-of-way line except:
• Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre-existing development or;
• For blocks adjacent to arterial streets, limited access highways, major collectors or
railroads.
• For non-residential blocks in which internal public circulation provides equivalent access.
No new streets are being created with this partition, therefore, this standard is not applicable.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements
or right-of-ways shall be provided when full street connection is not possible. Spacing between
connections shall be no more than 330 feet, except where �recluded by environmental or
topographical constraints, existing development patterns, or strict adherence to other standards
in the code.
Since no new streets are being proposed, and no connections are required. Therefore this standard is
not applicable.
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from bein� more than 2.5 times
the average lot width, unless the parcel is fess than 1.5 times the minimum lot size of the
applicable zoning district.
The lot widths for the three parcels are 74 feet (Parcel 1), 67 feet (Parcel 2), and 69 feet (Parcel 3)
respectively. Lot depths for the three parcels are 137 feet (Parcel 1), 140 feet (Parcel 2), and 140 feet
(Parcel 3). The lot depths are consistent with this standard.
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public
or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies,
which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide
recorded access easement. In cases where the lot is for an attached single-family dwelling unit,
the frontage shall be at least 15 feet.
As shown in the above analysis for lots, each of the proposed lots in the minor land partition is consistent
with this standard.
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.
Construction of public sidewalks will be included in the restrictive covenant agreements for 103�d Avenue
and Murdock Street, therefore this criterion is met.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construction Standards for Sanitary and SurFace Water
Management (as adopted by Clean Water Services in 1996 and including any future revisions or
amendments) and the adopted policies of the comprehensive plan.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 14 OF 20
r
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's plans indicate separate connections for each parcel, thereby meeting this criterion.
Storm Drainage:
General Provisions: Section 18.810.100.A states requires developers to make adequate
provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other
drainage facility shall be large enough to accommodate potential runoff from its entire upstream
drainage area, whether inside or outside the development. The City Engineer shall approve the
necessary size of the facility, based on the provisions of Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and
including any future revisions or amendments).
There are no upstream drainage ways that impact this site.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the
City Engineer that the additional runoff resulting from the development will overload an existing
draina�e facility, the Director and Engineer shall withhold approval of the development until
provisions have been made for improvement of the potential condition or until provisions have
been made for storage of additional runoff caused by the development in accordance with the
Design and Construction Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno
Creek Watershed Management Plan. Section V of that plan includes a recommendation that local
governments institute a stormwater detention/effective impervious area reduction program resulting in no
net increase in storm peak flows up to the 25-year event. The City will require that all new developments
resulting in an increase of impervious surfaces provide onsite detention facilities, unless the
development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the
storm water runoff will be permitted to discharge without detention.
Detention is not typically required for a minor land partition. However, the applicant has not submitted
plans and calculations prepared by a licensed civil engineer for review and approval. The applicant is
proposin�to discharge runoff from this development to a roadside ditch or extend the public sewer line
from 100 Avenue and Murdock to this site.
Prior to PFI approval, the applicanYs engineer shall submit stormwater plans and calculations for review
and approval by the Engineering Department. Detention may be required if the engineer determines the
downstream system does not have adequate capacity. If there is adequate capacity downstream, the
applicant will be allowed to pay the fee-in-lieu of constructing an on-site detention system.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed
bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for
the future extension of such bikeways through the dedication of easements or right-of-way.
SW Murdock Street and SW 103�d Avenue are not designated as bicycle facilities; therefore this
standard does not apply.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surface mounted connection boxes and
meter cabinets which may be placed above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or above, and:
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 15 OF 20
,
. The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
. The City reserves the right to approve location of all surface mounted facilities;
. All underground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall
pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a
street where existing utilities which are not underg round will serve the development and the
approval authority determines that the cost and technical difficulty of under-grounding the
utilities outweighs the benefit of under-grounding in conjunction with the devefopment. The
determination shall be on a case-by-case basis. The most common, but not the only, such
situation is a short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground utilities facilities. An
applicant for a development which is served by utilities which are not underground and which
are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of
under-grounding.
There are existing overhead utility lines along the frontages of SW 103�d Avenue and Murdock Street. If
the fee in-lieu is proposed, it is equal to $35.00 per lineal foot of street fronta�e that contains the
overhead lines. The fee is calculated for the frontage from which power is obtained. The Murdock
Street frontaq� along this site is 225 lineal feet; therefore the fee would be $7,875.00. If power is taken
from the 103' Avenue frontage the fee would be $4,970.00. This fee must be paid prior to final plat
approval.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
Public Water S stem:
e i o igar provides water service in this area. The partition site plan shows the installation of
finro (2) new water meters for Parcel 2 and Parcel 3. The applicant shall coordinate the purchase of water
meters and service with the Water Department.
Storm Water Qualit :
e iy as agree to enforce SurFace Water Management (SWM regulations established by
Clean Water Services (CWS) Design and Construction Standards adopted by Resolution and
Order No. 00-7) which require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm
water runoff generated from newly created impervious surfaces. In addition, a maintenance plan
shall be submitted indicating the frequency and method to be used in keeping the facility
maintained through the year.
The CWS standards include a provision that would exclude small projects such as residential land
partitions. It would be impractical to require an on-site water quality facility to accommodate treatment of
the storm water runoff from the parcels. Rather, CWS standards provide that applicants should pay a fee
in-lieu of constructing a facility, if deemed appropriate. 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, clearin�, 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 �ssued for any development that will disturb one or more acre
of land.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 16 OF 20
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�inal plat approval.
Surve Re uirements
e app ican s ina p at shall contain State Plane Coordinates [NAD 83 (91)] on two monuments with a
tie to the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as required for the 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 ap p,licant's as-built drawings shall be tied to the GPS network. The applicanYs.engineer
shall provide the City with an electronic file with points for each structure (manholes, catch basins, water
valves, hydrants and other water system features in the development, and their respective X and Y
State Plane Coordinates, referenced to NAD 83 (91 .
Recommendations:
Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this
project to cover street improvements, utilitv extensions and laterals and any other work in the public
right-of-way. Six (6) sets of detailed pubtic improvement plans shall be submitted for review fo the
En�ineering Department. NOTE: these plans are in addition to any drawings required by the Building
Division and should only include sheets relevant to pu-5fic 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.aov).
The PFI permit plan submittal shall include the exact legal name, address and telephone number of the
individual or corporate entity who will be designate�c. 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 accurafe information to the Engineering
Department will delay processing of project documents.
Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley
Treat, Engineering).
The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the
future improvements of SW Murdock Street adjacent to the sub�ect property, when any of the following
events occur:
A. when the improvements are part of a larger project to be financed or paid for by the formation of a
Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in whole or in part by
the City or other public agency,
C. when the improvements are part of a larger project to be constructed by a third party and involves
the sharing of design and/or construction expenses by the third party owner(s) of property in
addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by the City Engineer in
conjunction with construction of improvements by others adjacent to the subject site.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 17 OF 20
The applicant shall execute a Re�trictive Covenant whereby they agree to complete or participate in the
future improvements of SW 103� Avenue adjacent to the subject property, when any of the following
events occur:
A. when the improvements are part of a larger project to be financed or paid for by the formation of a
Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in whole or in part by
the City or other public agency,
C. when the improvements are part of a larger project to be constructed by a third party and involves
the sharing of design and/or construction expenses by the third party owner(s) of property in
addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by the City Engineer in
conjunction with construction of improvements by others adjacent to the subject site.
Prior to final plat approval, the applicant's design engineer shall submit documentation, for review by the
City (Kim McMillan), of the downstream capacity of any existing storm facility impacted by the proposed
development.
Prior to final plat approval, the applicanYs engineer shall submit plans and calculations, for review by the
City (Kim McMillan)for the proposed stormwater disposal to an approved public system.
Prior to final plat approval the applicant shall complete the proposed and approved stormwater
improvements.
The applicant shall either place the existing overhead utilitv lines along SW Murdock Street underground
as a part of this project, or they shall pay fhe fee in-lieu of undergrounding. The fee shall be calculated
by the frontage of the site that is parallel to the utility lines and will be $ 35.00 per lineal foot. If the fee
option is chosen, the amount will be $ 7875.00 and it shall be paid prior to final plat approval.
An erosion control plan shall be provided as part of the Public Facility Improvement (PFI� permit
drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and
Planning Manual, February 2003 edition."
The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's
global positioning system (GPS) geodetic control nefinrork (GC 22). These monuments shall be on the
same line and shall be of the same precision as required for the subdivision plat boundary. Along with
the coordinates, the plat shall contain the scale factor to convert ground measurements to grid
measurements and the angle from north to grid north. These coordinates can be established by:
. GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
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 Cou�nty, and by the City of Tigard.
D. The right-of:way dedication for Murdock Street and 103 Avenue shall be made on the final plat.
The dedication shall provide for 25 feet from centerline on both streets. In addition, the plat shall
show a 2 foot public sidewalk easement along the frontages of Murdock Street and 103�d Avenue.
E. NOTE: Washington County will not be�in their review of the final plat until they receive notice
from the Engineermg 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).
Prior to issuance of building permits, the applicant shall provide the Engineering Department with a
"photomylar" copy of the recorded final plat.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 18 OF 20
.
During issuance of the building permit for Parcels 2 & 3, the applicant shall pay the standard water
quality and water quantity fees per lot (fee amounts will be the latest approved by CWS).
�Im ac�t Stud 18.390
�ection 18.3 . 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��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 City standard, and to
minimize the impact of the development on the public at large, public facilities systems, and
affected private property users.
In situations where the Community Development Code requires the dedication of real property
interests, the applicant shall either specifically concur with a requirement for Qublic right-of-way
dedication, or provide evidence that supporfs that the real property dedication is not roughly
proportional to the projected impacts of the development. Section 18.390.040 states that when a
condition of ap�roval 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 st�dy. The applicant will be required to provide a guarantee to
improve SW Murdock Street and SW 103� Avenue. The applicant will be extending sanitary sewer and
storm drainage connections to the two parcels to account for the additional impervious area bein added
to the site. Sewer is available at the site and has sufficient capacity to serve the developmen�. Other
impacts to public facilities are offset by the collection of Systems Development Charges (SDC's)
collected at the time of building permit issuance.
The Washington County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of
developmenf. Based on a transportation impact study prepared by Mr. David Larson for the A-Boy
Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of
new development on the Collector and Arterial Street system. The applicant will be required to pay TIF's
of$2,851 per new dwelling unit.
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 projects traffic impact is $1�,882 (2 units x $2,851
per unit = $5,702 divided by .32). The difFerence between the TIF paid, and the full impact, is considered
the unmiti ated impact on the street system. The unmitigated impact of this project on the transportation
system is�12,180 ($17,882 - $5,702). T�e applicant will be required to dedicate additional right-of-way
along SW Murdock Street and SW 103� Avenue of approximately 1,800 square feet. The app roximate
value of un�mproved residentially zoned prope is $3.00 per square foot, for a total value of $5,400.00.
Since the unmitigated impact remaining is�6,780 ($12,180 - $5,400) the required exaction is
proportionate.
SECTION VI. OTHER STAFF COMMENTS
City of Tigard Public Works Department has reviewed the pro�osal and noted that the department will
insfall a new water service with meter purchase by owner; re ocation of existin� water meter will be
invoiced to the owner; and the water meter for the new service must be located in a landscaped area
only.
City of Tigard Forester has reviewed the proposal and states that the tree plan conducted by Terry
Flanagan contains all of the required components of a tree plan and is, therefore, acceptable.
City of Tigard Building Department has reviewed the proposal and recommends a geotech report if
the slope of the property in the proposed building site exceeds 20% grade.
NOTICE OF DECISION MLP2005-�0009/MITCHELL-GALICH PARTITION PAGE 19 OF 20
RESPONSE: The grade over the entire site does not exceed 3.5%. Therefore, a geotech report is not
required.
SECTION VII. AGENCY COMMENTS
Clean Water Services has reviewed the proposal and stated that "based on review of 2002 aerial,
potentially sensitive areas do not appear to exist within 200 feet of the site."
Tualatin Valley Fire and Rescue has reviewed the proposal and offered no comments.
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice: Notice was mailed to:
X The applicant and owners
—� Owner of record within the required distance
—� Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON FEBRUARY 1, 2006 AND BECOMES
EFFECTIVE ON FEBRUARY 16, 2006 UNLESS AN APPEAL IS FILED.
�A ea_l:
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversely affected or aggrieved by the decision as provided in Section 18.390.040.G.1. may
appeal this decision in accordance with Section 18.390.040.G.2. of the Tigard Community Development
Code which provides that a written appeal together with the required fee shall be filed with the Director
within ten (10) business days of the date the Notice of Decision was mailed. The appeal fee schedule
and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard,
Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be 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 FEBRUARY 15, 2006.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigar Oregon at (503 �39-4171.
)
�' Februarv 1, 2006
PREPARED . G ry Pagenstecher DATE
Associate Planne�
tt. Februarv 1, 2006
APPROVED BY: Richard Bew r orff DATE
Planning Manager
i:lcurpinlgarylminor land partitionlmlp20Q5-00009(mitchell-galich)1mIp2005-OD009 decision.doc
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 20 OF 20
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NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2005-00009 CITYOFTIGARD
MITCHELL-GALICH PARTITION Community 1�eveCopment
Sha ing�7�etterCommunr�ty
120 DAYS =3/18/2006
SECTION I. APPLICATION SUMMARY
FILE NAME: MITCHELL-GALICH PARTITION
CASE NO: Minor Land Partition (MLP) MLP2005-00009
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
.73-acre lot into three (3) parcels for detached single-family residences. An
existing single-family dwelling exists on the subject parcel and is proposed to
remain on Parcel #1. The applicants received approval in 2003 to adjust the street
improvement requirements of Chapter 18.810 in order to place future sidewalks in
easements during the partitioning of the subject property (VAR2003-00018).
APPLICANT: Michael Mitchell and Patricia Galich OWNER: Same
10205 SW Murdock Street
Tigard, OR 97224
ZONING
DESIGNATION: R-3.5: Low-Density Residential District. The R-3.5 zoning district is designed to
accommodate detached single-family homes with or without accessory
residential units at a minimum lot size of 10,000 square feet. Duplexes and
attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally.
LOCATION: 10205 SW Murdock Street; WCTM 2S111 BC, Tax Lot 2500.
PROPOSED PARCEL 1: 10,000 Square Feet.
PROPOSED PARCEL 2: 10,000 Square Feet.
PROPOSED PARCEL 3: 10,000 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and
Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree
Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility
Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in the full decision, available at City Hall.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
All documents and applicable criteria in the above-noted file are available for inspection at no cost or
copies can be obtained for twenty-five cents (25�) per page, or the current rate charged for copies at the
time of the request.
SECTION III. PROCEDURE AND APPEAL INFORMATION
Notice:
oN 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 FEBRUARY 1, 2006 AND BECOMES
EFFECTIVE ON FEBRUARY 16, 2006 UNLESS AN APPEAL IS FILED.
�A �eal:
The Director's Decision is final on the date that it is mailed. All persons entitled to notice or who are
otherwise adversel�r affected or aggrieved by the decision as provided in Section 18.390.040.G.1 may
appeal this decision in accordance with Section 18.390.040.G.2 of the Tigard Community
Development Code which provides that a written appeal together with the required fee shall be filed
with the Director within ten (10) business days of the date the Notice of Decision was mailed. The
appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW
Fiall Boulevard, Tigard, Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Director's Decision shall be
confined to the specific issues identified in the written comments submitted by the parties during the
comment period. Additional evidence concerning issues properly raised in the Notice of Appeal may
be submitted by any party during the appeal hearing, sub�ect to any additional rules of procedure that
may be adopted from time to time by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON FEBRUARY 15, 2006.
Questions:
oF r u�r information please contact the Planning Division Staff Planner, Gar Pa enstecher at
(503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97 .
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NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER:
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
NOTICE OF PENDING LAND USE APPLICATION CITYOPTIGARD
MINOR LAND PARTITION SFiapingA�tterCommunity
DATE OF NOTICE: November 30, 2005
FILE NUMBER: MINOR LAND PARTITION (MLP) 2005-�0009
Fi�E NannE: MITCHELL/GALICH PARTITION
REQUEST: The applicant is requesting approval for a Minor Land Partition to partition one (1) existing
.73-acre lot into three (3) parcels for detached single-family residences. A single-family
dwelling exists on the subject parcel and is proposed to remain on proposed parcel #1.
LOCATION: 10205 SW Murdock Street; WCTM 2S111 BC, Tax Lot 02500.
COMP. PLAN
DESIGNATION: Low-Density Residential District.
ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at
a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are
permitted conditionally. Some civic and institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745,
18.765, 18.790, 18.795 and 18.810.
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 DECEMBER 14, 2005. All comments should be directed to James Richardson. 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 JamesC�a.tiqard-or.qov.
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 DECEMBER 29, 2005. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A
COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED.
WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN
THE FOLLOWING INFORMATION:
�
. Address the specific "Applicable Review Criteria" described in the section above or any other criteria
believed to be applicable to this proposal;
. Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to
provide a response;
. Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant
approval criteria with sufficient specificity on that issue.
Failure of any party to address the relevant approval criteria with sufficient specificity may preclude
subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings
directed at the relevant approval criteria are what constitute relevant evidence.
AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE
DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN
500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE
ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED
UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH
CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION.
SUMMARY OF THE DECISION-MAKING PROCESS:
. The application is accepted by the City �
. Notice is sent to property owners of record within 500 feet of the proposed development area allowing a
14-day written comment period.
. The application is reviewed by City Staff and affected agencies.
. City Staff issues a written decision.
. Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all
owners of record of property located within 500 feet of the site, as shown on the most recent property tax
assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any
governmental agency which is entitled to notice under an intergovernmental agreement errtered 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 Stafif indicated on the first page of �
this Notice under the section titled "Your Right to Provide Written Comments."
me��nr r+aP
MLP2005-00009
MITCHELL & GALICH
T PARTITION
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REQUEST FOR COMMENTS CITYOFTIGARD
(�ornmiutity�[7cz�eCopment
S�apingA�etterCommunity
UATE: No�emder 30,2005
T0: PER ATTACHED
FROM: City of Tigard Planning Division
STAFF CONTACT: lames Richartlson,Associate Planner[x24281
Phone: [5031639-4171/Fax: [5031684-7297
➢ MITCHELL/GALICH PARTITION Q
MINOR LAND PARTITION (MLP) 2005-00009
REQUEST: The applicant is requesting approval for a Minor Land Partition to partition one (1) existing
.73-acre lot into three (3) parcels for detached single-family residences. An single-family dwelling exists
on the subject parcel and is proposed to remain on proposed parcel #1. LOCATION: 10205 SW
Murdock Street; WCTM 2S111 BC, Tax Lot 02500. COMPREHENSIVE PLAN DESIGNATION: Low-
Density Residential District. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district
is designed to accommodate detached single-family homes with or without accessory residential units
at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted
conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705,
18.715, 18.745, 18.765, 18.790, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and ApplicanYs Information for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a
decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: DECEMBER 14, 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:
. . CITY OF TIGARD REQUEST FOR COMMENTS ��I,
NOTIFICAI LIST FOR LAND USE & COMMUNITY D. ,OPMENT APPLICAT ONS �
FILE NOS.: I'►'�LP �-�S '��O FILE NAME: �C��fi" -
CITIZEN INYOLYEMENT TEAMS
14-DAY PENDING APPLICATION NOTICE TOINTERESTED PARTIES OFAREA: �Central ❑East ❑South ❑West �
CITY OFFICES
20NG RANGE PLANNING/Barbara Shields.Planning Mgr. _COMMUNITY DVLPMNT.DEPTJPIannmg-Engineering Techs. �POLICE DEPTJJim Wolf,Crime Prevention Officer
BUILDING DIVISION/Gary Lampella,Building Official �ENGINEERING DEPT./Kim McMillan,Dvlpmnt Rewew Engineer�PUBUC WORKSIMatt Stine,Urban Forester �
( �CITY ADMINISTRATIOPYCathy Wheatley,City Recorder �UBLIC WORKS/Rob Murchison,Project Engineer
� �/PLANNER—POST PROJECT SITE IF A PUBLIC HEARING ITENLIO BUSINESS DAYS PRIOR TO THE PUBLIC HEARING!
SPECIAL DISTRICTS
�
_ TUAL.HILLS PARK 8 REC.DIST.�►�FUALATIN VALLEY FIRE&RESCUE♦ `�'TUALATIN VALLEY WATER DISTRICT �CL ANWATER SERVICES• �
Planning Manager Fire Marshall ��lflministrative Office Walker/SWM Program
15707 SW Walker Road Washington County Fire District PO Box 745 155 N.First Avenue
Beaverton,OR 97006 (place in pick-up box) Beaverton,OR 97075 Hillsboro,OR 97124
LOCAL AND STATE IURISDICTIONS
CITY OF BEAVERTON� _ CITY OF TUALATIN � OR.DEPT.OF FISH&WILDLIFE OR.DIV.OF STATE LANDS
_ Planning Manager Pianning Manager 3406 Cherry Avenue NE Melinda Wood�vu�ur,Fo�„�Req��..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 Kflighf,oata Reso��ce ceme�2cA> US ARMY CORPS.OF ENG.
Durham,OR 97281-3483 PBUIQnB AII@fl,GrowlhManagementCOOrdinator OR.DEPT.OF LAND CONSERV.&DVLP Kathryn Harris c�uP:acws�ea.00iy�
_ Mel Huie,GreenspacesCoortlinator(CPA20A) LBrI)I FfQf1CI1(Comp.PlanAmentlmentsOnly) Routing CENWP-OP-G
CITY OF KING CITY MF _ Jennifer Budhabhatti,RepionalPlanner(Wetlands) 635 Capitol Street NE,Suite 150 PO Box 2946
City Manager _ C.D.Manager,c��cnMe�e9ememserv��s Salem,OR 97301-2540 Portland,OR 97208-2946
15300 SW 116th Avenue
King City,OR 97224 WASHINGTON COUNTY �
_ OR.DEPT.OF ENERGY�POwer�ines in area� _OR.DEPT OF AVIATION�Monopo�e rowars� Dept.of Land Use 8 Transp.
Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue
_CI7Y OF LAKE OSWEGO � Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13
Planning Director PO Box 3621 Salem,OR 97310 Hillsboro.OR 97124
PO Box 369 Portland,OR 97208-3621 Steve Conwaycce�e�aia,P�.�
Lake Oswego,OR 97034 Gregg Leion ccPn�
_ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 � Brent Curtis ccan�
CITY OF PORTLAND (NOtify for Wetlantls antl Potenlial Environmental Impaas) Grant Robinson,oe�aP�„e�c Re���c�roma�o� Doria Mateja czca>Ms u
Planning Bureau Director Regional Administrator Carl Torland, Right-of-Way Section NB���o�5� Sr.Cartographer,�P�,a�.�MS„
1900 SW 4`"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,s�Neyo�a�•,MS,S
Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037
WA.CO.CONSOL.COMM.AGNCY ODOT,REGION 1 -DISTRICT 2A� _ODOT,RAIL DIVISION STATE HISTORIC
Dave Austin iwccca�°s��°,�»T�,,,.,., Sam Hunaidi,Asslstam Distria Manager (Notify if ODOT RJR-Hwy.Crossing is Only Access to Land) PRESERVATION OFFICE
PO Box 6375 6000 SW Raab Road Dave Lanning,s�c�oss��g sare�y sa���a��5, (NOtiy if Properry Has MD OveAay)
Beaverton,OR 97007-0375 Portland,OR 97221 555-13'"Street.NE,Suite 3 1115 Commercial Street,NE
Salem.OR 97 301-41 79 Salem,OR 97301-1012
UTILITY PROYIDERS AND SPECIAL A6ENCIES
PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R1R,OREGON ELECTRIC R!R(eurlington Northern/5anta Fe RIR Predecessor)
Robert I. Melbo, President&General Manager
110 W. 10th Avenue
Albany,OR 97321
SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS vCOMCAST CABLE CORP. TRI ET TRANSIT DVLPMT.
Clifford C.Cabe,Construction Engineer D@bfe PelRtef�nnnezat�onsoniy> Randy Bice ,�.�,ro�A�.�o�, �u ojeU�sNMhin%Mlle ofaTransitRoute)
5424 SE McLoughlin Boulevard Twin Oaks Technology Center 1420D SW Brigadoon Court en Baldwin,Project Planner
Portland,OR 97232 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street �
�Bgaverton,OR 97006-4886 Portland,OR 97232
ORTLAND GENERAL ELECTRIC Y NW NATURAL GAS COMPANY I�VERiZON (L�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
ilsonville,OR 97070 Portland,OR 97209-3991 Beaverton,OR 97075-1100 Portland,OR 97219
I ARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 COMCAST CABLE CORP. COMCAST CABLE COMMUNIC.
rsha Butler,Administrative Offices Jan Youngquist,Demographics Alex Silantiev,��oro�A�e.�oMa��, Diana Carpenter cA,,,EO��aw�o��,
960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bidg. 12 10831 SW Cascade Avenue
Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-42�3
� INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITNIN 500'OF THE SUBJECT PROPERTY FOR ANYIALL
CITY PROJECTS(Project Planner Is Responsible For Indicating Parties To Notify). n�patty+ma5ce�s�Req�es�For Commencs Noc�r�oac�or,��si doc (UPDATED i6-Aug-0S)
� (Also update:i:\curpinlsetupllabels�anneaation_utllifies and franchlses_doc when updating this document)
` James Richardson - Fwd: Minor Land Partition Page 1 ''i
From: Gary Pagenstecher
To: Richardson, James
Date: 11/15/2005 3:31:23 PM
Subject: Fwd: Minor Land Partition
James,
Now that Dick has given you this application, here is the latest on the Mitchel Partition:
»> Kim Mcmillan 11/15 2:52 PM »>
Michael,
As we discussed before, your existing home can continue to discharge stormwater runoff to the on-site
system. The new homes are subject to the development standards that require runoff to be discharged to
an approved public system. An approved public system is a public storm sewer or roadside ditch.
At your location you have a couple of options:
1) Create a small ditch in the right-of-way that connects to the existing ditch to the east. The ditch would
be in front of your property and your neighbor's property. A 10-inch culvert would need to be placed under
his driveway. The existing ditch drains to a storm pipe at the corner of Murdock and 100th Avenue.
2) Extend the storm line from the intersection of Murdock and 100th Avenue to your property.
A registered Engineer needs to provide a plan with your proposed solution.
Kim
CC: Mcmillan, Kim
James Richardson - Mitchell/Galich Partition Page 1
- - �—
From: "Shelley Cooper" <CooperS@hlyw.com>
To: <James@tigard-or.gov>
Date: 12/2/2005 8:57:16 AM
Subject: Mitchell/Galich Partition
My husband and i feel the minimum lot size should be 10,000 square feet
to retain consistency in the area. We would hate to see the integrity
of the spaciousness of the neighborhood be compromised. Large lot size
was the major factor in our choosing to move into this neighborhood.
Please consider this when making your partition decision.
Thank you,
Shelley Cooper
Homeowner
�
�arries R�chardson - Mitchell-GalichPart.12-13-05.DOC Page 1
MEMORANDUM
TO: James Richardson
, FROM: Matt Stine, City Forester
� RE: Mitchell/Galich Partition
i
DATE: December 13, 2005
�� As you requested I have provided some comments on the "Mitchell/Galich Partition"
I project. If you have any questions or concerns regarding my comments please contact
me anytime.
1. LANDSCAPING AND SCREENING
� 18.745.030.C, Installation Requirements The installation of all landscaping shall
' be as follows:
1. All landscaping shall be installed according to accepted planting
� procedures.
I 2. The plant material shall be of high grade, and shall meet the size and
grading standards of the American Standards for Nurberg Stock
(ANSI Z-60, 1-1986, and any other future revisions); and
3. Landscaping shall be installed in accordance with the provisions of
�! this title.
• The accepted planting procedures are the guidelines described in the Tigard
Tree Manual. These guidelines follow those set forth by the International Society
of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in
the American Institute of Architects' Architectural Graphic Standards, 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:
� o No more than 30% of any one family be planted onsite.
o No more than 20% of any one genus be planted onsite.
o No more than 10% of any one species be planted onsite.
--- — --_ -
James �?ichardson - Mitchell-GalichPart.12-13-05.DOC Page 2
18.745.030.E, Protection of Existinq Landscapinq. Existing vegetation on a site
shall be protected as much as possible:
� 1. The developer shall provide methods for the protection of existing
I vegetation to remain during the construction process; and
2. The plants to be saved shall be noted on the landscape plans (e.g.,
areas not to be disturbed can be fenced, as in snow fencing which
can be placed around the individual treesj.
See comments under "Tree Removal".
18.745.030.G, Conditions of Approval of Existinq Veqetation. The review
procedures and standards for required landscaping and screening shall be
specified in the conditions of approval during development review and in no
instance shall be less than that required for conventional development.
I See recommended conditions of approval at the end of this memorandum.
18.745.040, Street Trees
A. Protection of existinq veqetation. All development projects fronting on a
public street, private street or a private driveway more than 100 feet in
length approved after the adoption of this title shall be required to plant
street trees in accordance with the standards in Section 18.745.040.C.
• The accepted planting procedures are the guidelines described in the Tigard
Tree Manual. These guidelines follow those set forth by the International Society
of Arboriculture (ISA) tree planting guidelines as well as the standards set forth in
the American Institute of Architects' Architectural Graphic Standards, 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
i following guidelines be followed:
o No more than 30% of any one family be planted onsite.
o No more than 20% of any one genus be planted onsite.
� o No more than 10°/a of any one species be planted onsite.
----
James Richardson - Mitchell-GalichPart.12-13-05.DOC � Page 3
I 2. TREE REMOVAL
18.790.030, Tree Plan Requirement
A. Tree plan required. A tree plan for the planting, removal and protection of
trees prepared by a certified arborist shall be provided for any lot, parcel or
combination of lots or parcels for which a development application for a
'� subdivision, partition, site development review, planned development or
� conditional use is filed. Protection is preferred over removal wherever
, possible.
B. Plan requirements. The tree plan shall include the following:
1. Identification of the location, size and species of all existing trees
including trees designated as significant by the city;
2. Identification of a program to save existing trees or mitigate tree
removal over 12 inches in caliper. Mitigation must follow the
replacement guidelines of Section 18.790.060D, in accordance with the
following standards and shall be exclusive of trees required by other
development code provisions for landscaping, streets and parking lots:
I
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 ta be removed be
mitigated in accordance with Section 18.790.060D;
� c. Retention of from 50% to 75% of existing trees over 12 inches in
, caliper requires that 50 percent of the trees to be removed be
mitigated in accordance with Section 18.790.060D;
, d. Retention of 75% or greater of existing trees over 12 inches in caliper
requires no mitigation.
3. Identification of all trees which are proposed to be removed;
4. A protection program defining standards and methods that will be used
by the applicant to protect trees during and after construction.
• As required, the applicant submitted a tree plan that was conducted by a
certified arborist, Ray Myer. The report contains the four required
James Richardson - Mitchell-GalichPart.12-13-05.DOC Page 4
components, and, is therefore, acceptable.
• I suggest planting native species of trees as street trees such as bigleaf
maple, cascara or Oregon white oak. Properly sized oaks can be found at
River Oak Farm 8� 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.
'i
Below are my suggestions for the applicant to follow for tree protection guidelines:
• Prior to any site work, a Tree Protection Plan shall be included with the proposed
construction drawings conforming to the International Society of Arboriculture
(ISA) guidelines for review and approval by the City Forester. All tree protection
devices, along with their details and specifications, shall be shown on the Tree
Protection Plan. This plan shall also include the building footprints shown in
! relation to the trees being preserved. Any tree that will not be removed onsite
I that is within the limits of disturbance of this project must be protected. Any tree
I that is located on property adjacent to the construction project that will have
more than 15% of its root system disturbed by construction activities shall also
be protected_
• Prior to any site work, the applicant shall submit a detailed construction schedule
, to the City Forester with notations as to when tree protection devices will be
either installed or removed throughout construction of the project.
• A note shall be placed on the final set of plans indicating that equipment,
vehicles, machinery, grading, dumping, storage, burial of debris, or any other
, construction-related activities shall not be located inside of any tree protection
zone or outside of the limits of disturbance where other trees are being
' protected.
• All tree protection devices shall be:
■ Visible.
■ Constructed of 11 Gauge steel chain-link fencing supported on at least 2"
O.D. steel posts. Each post shall be no less than four feet high from the top
of grade. Each post shall be driven into the ground to a depth of no less than
two and a half feet below grade. Each post shall be spaced no further apart
� than four feet.
■ Between each post, securely attached to the chain-link fencing, shall be a
sign indicating that the area behind the fencing is protected and no
, construction activity, including material storage, may occur behind the
fencing.
■ Inspected and approved in the field by the project arborist and City Forester
' prior to clearing, grading, or the beginning of construction.
■ Remain in place and maintained until all construction is completed and a final
inspection is conducted.
-- - —
_
James Richardson - Mitchell-GalichPart.12-13-05.DOC Page 5
To determine the size of the tree protection zone (TPZ)the project arborist should
� follow the guidelines listed below:
I
■ For individual trees follow the trunk diameter method. For every one-inch of
diameter at breast height (DBH), or 4 '/z feet above the ground, allow 12
inches of space from the trunk of the tree. For example, a tree that is 15" at
, DBH must have at least 15' of tree protection zone around the entire canopy
of the tree.
■ For groups of trees the tree protection zone must be outside of the drip line of
the trees on the edge of the stand. If there are conifers with narrow crowns
�� on the edge of the stand follow the trunk diameter method or the drip line
method, whichever is greater.
■ Calculate and follow the Optimal Tree Protection Zone calculation as shown
'i in "Trees and Development:A Technical Guide to Preservation of Trees
'� During Land DevelopmenY'by Nelda Matheny and James R. Clark.
i
' • The project arborist may propose an alternate method for the establishment
of the TPZ, provided the effort is coordinated with the City Forester.
• If it is necessary to enter the tree protection zone at any time with equipment (trucks,
bulldozers, etc.) the project arborist and City Forester must be notified before any
entry occurs. Before entering the TPZ, the project arborist and City Forester shall
determine the method by which entry can occur, along with any additional tree
protection measures.
• Prior to the issuance of any Certificates of Occupancy, the Project Arborist shall
submit a final certification indicating the elements of the Tree Protection Plan were
followed throughout the entirety of the project, and that all remaining trees on the
site are healthy, stable and viable in their modified growing environment.
RECOMMENDED CONDITIONS OF APPROVAL:
1. Prior to commencing site work, the applicant shall submit a cash assurance for
the equivalent value of mitigation required. If additional trees are preserved
through the subdivision improvements and construction of houses, and are
properly protected through these stages by the same measures afforded to other
protected trees on site, the amount of the cash assurance may be
correspondingly reduced. Any trees planted on the site or off site in accordance
with 18.790.060 (D) will be credited against the cash assurance, for two years
following final plat approval. After such time, the applicant shall pay the
remaining value of the cash assurance as a fee in lieu of planting.
2. Prior to issuance of building permits, the applicant/owner shall record a deed
restriction to the effect that any existing tree greater than 12" diameter may be
', removed only if the tree dies or is hazardous according to a certified arborist.
I� The deed restriction may be removed or will be considered invalid if a tree
Jamc�s Richardson - Mitchell-GalichPart.12-13-05.DOC _ Page 6
preserved in accordance with this decision should either die or be removed as a
hazardous tree.
� 3. Prior to commencing any site work, the applicant shall submit construction
'I drawings that include the approved Tree Removal, Protection and Landscape
Plan. The plans shall also include a construction sequence including installation
and removal of tree protection devices, clearing, grading, and paving. Only
those trees identified on the approved Tree Removal plan are authorized for
removal by this decision.
4. Prior to commencing any site work, the applicant shall establish fencing as
directed by the project arborist to protect the trees to be retained. The applicant
shall allow access by the City Forester for the purpose of monitoring and
inspection of the tree protection to verify that the tree protection measures are
performing adequately. Failure to follow the plan, or maintain tree protection
fencing in the designated locations shall be grounds for immediate suspension of
work on the site until remediation measures and/or civil citations can be
processed.
�i 5. Prior to the issuance of any Certificates of Occupancy , the applicant shall ensure
I that the Project Arborist has submitted written reports to the City Forester, at
least, once every two weeks, from initial tree protection zone (TPZ) fencing
installation, through site work, as he monitors the construction activities and
progress. These reports should include any changes that occurred to the TPZ
as well as the condition and location of the tree protection fencing. If the amount
of TPZ was reduced then the Project Arborist shall justify why the fencing was
, moved, and shall certify that the construction activities to the trees did not
adversely impact the overall, long-term health and stability of the tree(s). If the
reports are not submitted or received by the City Forester at the scheduled
intervals, and if it appears the TPTs or the Tree Protection Plan is not being
�� followed by the contractor, the City can stop work on the project until an
�, inspection can be done by the City Forester and the Project Arborist. This
inspection will be to evaluate the tree protection fencing, determine if the fencing
was moved at any point during construction, and determine if any part of the
Tree Protection Plan has been violated.
6. Prior to issuance of building permits, the applicant shall submit site plan
I drawings indicating the location of the trees that were preserved on the lot,
Iocation of tree protection fencing, and a signature of approval from the project
arborist regarding the placement and construction techniques to be employed in
building the house. All proposed protection fencing shall be installed and
inspected prior to commencing construction, and shall remain in place through
the duration of home building. After approval from the City Forester, the tree
, protection measures may be removed.
If you have any questions please call me anytime. Thank you for requesting my
am�s,�ichardson - Mitchell-GalichPart.12-13-05.DOC Page 7
comments on this project.
REQUEST FOR COMMEHTS CITYOFTIGARD
('onrn�u�rity�I�e�t�eCoprnent
S�apingA BetterCommunity
DATE: Nouember 30,2005 �—' `
T0: Rob Murchison,Public Works Project Engineer ' R IVED PLANNING
fROM: City o#?iga�d Planning Diuision DEC 1 3 2005
STAFF CONTACL• lames Richardson;Asse�fate Planner[x24281 C�-,rY OF TIGARD
',
Phone: [5031 G39�4i71/Fax: [5031684-1297
➢ MITCHELL/GALICH PARTITION Q
MINOR LAND PARTITION (MLP) 2005-00009
REQUEST: The applicant is requesting approval for a Minor Land Partition to partition one (1) existing
.73-acre lot into three (3) parcels for detached single-family residences. An single-family dwelling exists
on the subject parcel and is proposed to remain on proposed parcel #1. LOCATION: 10205 SW
Murdock Street; WCTM 2S111 BC, Tax Lot 02500. COMPREHENSIVE PLAN DESIGNATION: Low-
Density Residential District. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district
� is designed to accommodate detached single-family homes with or without accessory residential units
at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted
conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705,
18.715, 18.745, 18.765, 18.790, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and ApplicanYs Information for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a
decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: DECEMBER 14, 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:
� .
� y��• : �t 1 • c' i 5 �t-�_
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f1„ _ �
.�,
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� dc���, �7f.�� �� ,�t� {".--
Name& Number of Person Commenting: �
I
James Richardson -MLP 2005 00009.PDF Page 1
- M v - �/
December 13,2005
To:James Richardson
Re:Minor Land Partition(MLP)2005-00009
Mr.Richardson,
I live directly across the street from the proposed new land partition.My only concern
about this proposal is that by splitting that particular lot into 3 parcels,the new homes
built on those parcels will have smaller land areas and look"out of place"with the rest of
the homes in the neighborhood.Lar e�are what distinguish our neighborhood from
the rest in the area.In my opinion,splitting the lot into 2 parcels would be more fitting.
Sincerely,
�
Andrew Shelley
14820 SW 103`�Ave.
Tigard,Or.97224
503-639-9029
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: 1-27-06
TO: Gary Pagenstecher, Associate Planner
FROM: Kim McMillan, Development Review Engineer�'���
RE: MLP2005-00009 Mitchell/Galich Partition
Access Manaqement (Section 18.705.030.H)
Section 18.705.030.H.1 states that an access report shall be submitted with
all new development proposals which verifies design of driveways and
streets are safe by meeting adequate stacking needs, sight distance and
deceleration standards as set by ODOT, Washington County, the City and
AASHTO.
The proposed driveways are located on local streets and the City's policy has
been that sight distance certification for a single parcel is not required. If finro or
more parcels are sharing access, then sight distance certification is required.
Section 18.705.030.H.2 states that driveways shall not be permitted to be
placed in the influence area of collector or arterial street intersections.
Influence area of intersections is that area where queues of trafFic
commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet,
measured from the right-of-way line of the intersecting street to the throat
of the proposed driveway. The setback may be greater depending upon the
influence area, as determined from City Engineer review of a traffic impact
report submitted by the applicant's traffic engineer. In a case where a
project has less than 150 feet of street frontage, the applicant must explore
any option for shared access with the adjacent parcel. If shared access is
not possible or practical, the driveway shall be placed as far from the
intersection as possible.
Both Murdock Street and 103�d Avenue are local streets; therefore this criterion
does not apply.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways
and streets along a collector shall be 200 feet. The minimum spacing of
driveways and streets along an arterial shall be 600 feet. The minimum
spacing of local streets along a local street shall be 125 feet.
ENGINEERING COMMENTS PAGE 1
Both Murdock Street and 103`d Avenue are local streets; therefore this criterion
does not apply.
Street And Utility Improvements Standards (Section 18.810):
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets
adjacent shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width
planned as a portion of an existing street shall be dedicated and improved
in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a
local street to have a 54 right-of-way width and 32-foot paved section. Other
improvements required may include on-street parking, sidewalks and
bikeways, underground utilities, street lighting, storm drainage, and street
trees.
This site lies adjacent to SW Murdock Street and SW 103`d Avenue, which are
classified as local streets on the City of Tigard Transportation Plan Map. At
present, there is approximately 20 feet of ROW from centerline, according to the
most recent tax assessor's map. The applicant should dedicate the additional
ROW to provide 27 feet from centerline. Because the minimum lot size
requirement of 10,000 square feet and the dedication of 27 feet from centerline
would only allow 2 parcels the applicant has requested an adjustment to allow a
portion of the public sidewalk to be within a public easement. Staff has agreed to
this adjustment because the square footage available for the lots is so close to
the minimum required for three parcels. The applicant has agreed to dedicate as
much of the ROW as possible, while retaining 30,000 square feet for the three
parcels. The applicant's plans show that ROW dedication will provide 25 feet
from centerline along both frontages. The remaining 2 feet of the 27 feet will be
included in a public sidewalk easement that will be recorded on the plat.
SW 103�d Avenue and Murdock Street are currently partially improved. In order
to mitigate the impact from this development, the applicant shall enter into a
restrictive covenant for future street improvements for both frontages.
ENGINEERING COMMENTS PAGE 2
Block Designs - Section 18.810.040.A states that the length, width and shape
of blocks shall be designed with due regard to providing adequate building
sites for the use contemplated, consideration of needs for convenient
access, circulation, control and safety of street traffic and recognition of
limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks
formed by streets shall not exceed 1,800 feet measured along the right-of-
way line except:
• Where street location is precluded by natural topography, wetlands or
other bodies of water or, pre-existing development or;
• For blocks adjacent to arterial streets, limited access highways, major
collectors or railroads.
• For non-residential blocks in which internal public circulation provides
equivalent access.
PLANNING
Section 18.810.040.B.2 also states that bicycle and pedestrian connections
on public easements or right-of-ways shall be provided when full street
connection is not possible. Spacing between connections shall be no
more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict
adherence to other standards in the code.
PLANNING
Lots -Size and Shape: Section 18.810.060(A) prohibits lot depth from being
more than 2.5 times the average lot width, unless the parcel is less than 1.5
times the minimum lot size of the applicable zoning district.
PLANNING
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of
frontage on public or private streets, other than an alley. In the case of a land
partition, 18.420.050.A.4.c applies, which requires a parcel to either have a
minimum 15-foot frontage or a minimum 15-foot wide recorded access
easement. In cases where the lot is for an attached single-family dwelling
unit, the frontage shall be at least 15 feet.
PLANNING
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.
ENGINEERING COMMENTS PAGE 3
Construction of public sidewalks will be included in the restrictive covenant
agreements for 103`d Avenue and Murdock Street, therefore this criterion is met.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be
installed to serve each new development and to connect developments to
existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as
adopted by Clean Water Services in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive
plan.
Over-sizing: Section 18.810.090.0 states that proposed sewer systems
shall include consideration of additional development within the area as
projected by the Comprehensive Plan.
The applicant's plans indicate separate connections for each parcel, thereby
meeting this criterion.
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 areas that impact this development.
Effect on Downstream Drainage: Section 18.810.100.D states that where it
is anticipated by the City Engineer that the additional runoff resulting from
the development will overload an existing drainage facility, the Director and
Engineer shall withhold approval of the development until provisions have
been made for improvement of the potential condition or until provisions
have been made for storage of additional runoff caused by the
development in accordance with the Design and Construction Standards
ENGINEERING COMMENTS PAGE 4
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.
Detention is not typically required for a minor land partition. However, the
applicant has not submitted plans and calculations prepared by a licensed civil
engineer for review and approval. The applicant is proposing to discharge runoff
from this development to a roadside ditch or extend the public sewer line from
100th Avenue and Murdock to this site.
Prior to PFI approval, the applicant's engineer shall submit stormwater plans and
calculations for review and approval by the Engineering Department. Detention
may be required if the engineer determines the downstream system does not
have adequate capacity. If there is adequate capacity downstream, the applicant
will be allowed to pay the fee-in-lieu of constructing an on-site detention system.
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.
Murdock Street and 103`d Avenue are not identified as bicycle facilities; therefore
this criterion does not apply.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those
required for electric, communication, lighting and cable television services
and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at
50,000 volts or above, and:
ENGINEERING COMMENTS PAGE 5
• The developer shall make all necessary arrangements with the serving
utility to provide the underground services;
• The City reserves the right to approve location of all surface mounted
facilities;
• All underground utilities, including sanitary sewers and storm drains
installed in streets by the developer, shall be constructed prior to the
surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing
the street improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states
that a developer shall pay a fee in-lieu of under-grounding costs when the
development is proposed to take place on a street where existing utilities
which are not underground will serve the development and the approval
authority determines that the cost and technical di�culty of under-
grounding the utilities outweighs the benefit of under-grounding in
conjunction with the development. The determination shall be on a case-
by-case basis. The most common, but not the only, such situation is a
short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground
utilities facilities. An applicant for a development which is served by
utilities which are not underground and which are located across a public
right-of-way from the applicant's property shall pay a fee in-lieu of under-
grounding.
There are existing overhead utility lines along the frontages of SW 103`d Avenue
and Murdock Street. If the fee in-lieu is proposed, it is equal to $ 35.00 per lineal
foot of street frontage that contains the overhead lines. The fee is calculated for
the frontage from which power is obtained. The Murdock Street frontage along
this site is 225 lineal feet; therefore the fee would be $ 7875.00. If power is taken
from the 103�d Avenue frontage the fee would be $4970.00. This fee must be
paid prior to final plat approval.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND
UTILITY IMPROVEMENT STANDARDS:
Public Water Svstem:
The City of Tigard provides service in this area. The applicant shall coordinate
the purchase of water meters and service with the Water Department.
ENGINEERING COMMENTS PAGE 6
Storm Water Quality:
The City has agreed to enforce Surface Water Management (SWM)
regulations established by Clean Water Services (CWS) Design and
Construction Standards (adopted by Resolution and Order No. 00-7) which
require the construction of on-site water quality facilities. The facilities
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.
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.
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
coordinates, the plat shall contain the scale factor to convert ground measurements
ENGINEERING COMMENTS PAGE 7
to grid measurements and the angle from north to grid north. These coordinates
can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be tied to the GPS nefinrork.
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:
. Prior to commencing onsite improvements, a Public Facility Improvement
(PFI) permit is required for this project to cover street improvements, utility
extensions and laterals 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).
. The PFI permit plan submittal shall include the exact legal name, address
and telephone number of the individual or corporate entity who will be
designated as the "Permittee", and who will provide the financial assurance
for the public improvements. For example, specify if the entity is a
corporation, limited partnership, LLC, etc. Also specify the state within which
the entity is incorporated and provide the name of the corporate contact
person. Failure to provide accurate information to the Engineering
Department will delay processing of project documents.
. Prior to final plat approval, the applicant shall pay the addressing fee.
(STAFF CONTACT: Shirley Treat, Engineering).
ENGINEERING COMMENTS PAGE 8
. The applicant shall execute a Restrictive Covenant whereby they agree to
complete or participate in the future improvements of SW Murdock Street
adjacent to the subject property, when any of the following events occur:
A. when the improvements are part of a larger project to be financed or
paid for by the formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or
paid for in whole or in part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed
by a third party and involves the sharing of design and/or construction
expenses by the third party owner(s) of property in addition to the
subject property, or
D. when construction of the improvements is deemed to be appropriate
by the City Engineer in conjunction with construction of improvements
by others adjacent to the subject site.
. The applicant shall execute a Restrictive Covenant whereby they agree to
complete or participate in the future improvements of SW 103`d Avenue
adjacent to the subject property, when any of the following events occur:
A. when the improvements are part of a larger project to be financed or
paid for by the formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or
paid for in whole or in part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed
by a third party and involves the sharing of design and/or construction
expenses by the third party owner(s) of property in addition to the
subject property, or
D. when construction of the improvements is deemed to be appropriate
by the City Engineer in conjunction with construction of improvements
by others adjacent to the subject site.
. Prior to final plat approval, the applicant's design engineer shall submit
documentation, for review by the City (Kim McMillan), of the downstream
capacity of any existing storm facility impacted by the proposed
development.
. Prior to final plat approval, the applicant's engineer shall submit plans and
calculations, for review by the City (Kim McMillan) for the proposed
stormwater disposal to an approved public system.
. Prior to final plat approval the applicant shall complete the proposed and
approved stormwater improvements.
. The applicant shall either place the existing overhead utility lines along SW
Murdock Street underground as a part of this project, or they shall pay the
fee in-lieu of undergrounding. The fee shall be calculated by the frontage of
the site that is parallel to the utility lines and will be $ 35.00 per lineal foot. If
ENGINEERING COMMENTS PAGE 9
the fee option is chosen, the amount will be $ 7875.00 and it shall be paid
prior to final plat approval.
. An erosion control plan shall be provided as part of the Public Facility
Improvement (PFI) permit drawings. The plan shall conform to the "Erosion
Prevention and Sediment Control Design and Planning Manual, February
2003 edition."
. The applicant's final plat shall contain State Plane Coordinates on two
monuments with a tie to the City's global positioning system (GPS) geodetic
control network (GC 22). These monuments shall be on the same line and
shall be of the same precision as required for the subdivision plat boundary.
Along with the coordinates, the plat shall contain the scale factor to convert
ground measurements to grid measurements and the angle from north to
grid north. These coordinates can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared
by a land surveyor licensed to practice in Oregon, and necessary data or
narrative.
B. Attach a check in the amount of the current final plat review fee
(Contact Planning/Engineering Permit Technicians, at (503) 639-4171, 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 Murdock Street and 103�d Avenue
shall be made on the final plat. The dedication shall provide for 25 feet from
centerline on both streets. In addition, the plat shall show a 2 foot public
sidewalk easement along the frontages of Murdock Street and 103�a
Avenue.
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
ENGINEERING COMMENTS PAGE 10
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.
. During issuance of the building permit for Parcels 2 & 3, the applicant shall
pay the standard water quality and water quantity fees per lot (fee amounts
will be the latest approved by CWS).
ENGINEERING COMMENTS PAGE 11
. �
REQUEST FOR COMMENIS CITYOFTIGARD
Com�munity�DeveCop�ment
SFtapingA BetterCommunity
DATE: Nouember 30,2005
T0: lim Wolf,Tigard Police Department Crime Preuention Officer
FROM: City of Tigard Planning Diuision
STAFF CONTACT: lames Richardson,Associate Planner[x24281
Phone: [5031639-4171/Fax: [5031684-7297
➢ MITCHELL/GALICH PARTITION Q
MINOR LAND PARTITION (MLP) 2005-00009
REQUEST: The applicant is requesting approval for a Minor Land Partition to partition one (1) existing
.73-acre lot into three (3) parcels for detached single-family residences. An single-family dwelling exists
on the subject parcel and is proposed to remain on proposed parcel #1. LOCATION: 10205 SW
Murdock Street; WCTM 2S111 BC, Tax Lot 02500. COMPREHENSIVE PLAN DESIGNATION: Low-
Density Residential District. ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district
is designed to accommodate detached single-family homes with or without accessory residential units
at a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are permitted
conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE
REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705,
18.715, 18.745, 18.765, 18.790, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and Applicant's Information for your review. From information supplied by various
departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a
decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR
COMMENTS BACK BY: DECEMBER 14, 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: � �p�, c,. 03_ --l�g_25'(v�
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13125 SW Hall Blvd
Tigard,OR 97223
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Community Development Plot date: Nov 17,2005;C:lmagicWIAGIC03.APR
,� .
2 S 111 C B-00102 2S 111 C B-01303
ALEXANDER RONALD E DEVERS JAMES R&SUSAN M
MARY T 14870 SW 104TH AVE
10150 SW MURDOCK TIGARD,OR 97224
TIGARD,OR 97223
2 111 CB-00104 25111 CB-00300
AL NDER NALD E DOBLIE THOMAS&MELINDA
MARY 14875 SW 103RD AVE
101 W RDOCK ST TIGARD,OR 97224
ARD, OR 223
2S111BC-02000 2S1116C-02300
BAKER JAMES WILBUR FANTZ GARY E AND GAY
HELENE 14530 SW 103RD AVE
10070 SW INEZ 5T TIGARD,OR 97223
TIGARD, OR 97223
2S11106-01310 2S111CB-00103
BAKER JOHN G& FOSTER CRAIG A&CAREN L
BRADSHAW-BAKER LEANNE 10200 SW MURDOCK ST
14825 SW 104TH AVE TIGARD,OR 97224
TIGARD, OR 97224
2 S 111 C B-01301 2 S 111 BC-04500
BANFORD ROBERT D FRISWOLD JAMES E&DIANA J
BETTY R 14700 SW 103RD AVE
14790 SW 104TH TIGARD,OR 97224
TIGARD, OR 97223
2S71106-02600 2S111C8-01302
BARTON RICHARD M&DIANE M FRY HERMAN W JR&BETTY JUNE
14915 SW 100TH AV 14830 SW 104TH
TIGARD, OR 97223 TIGARD,OR 97224
251116C-04800 251118C-02500
COOPER THEODORE P& GALICH PATRICIA 8
SHELLEY R MITCHELL MICHAEL W
10198 SW INEZ 5T 10205 SW MURDOCK ST
TIGARD, OR 97224 TIGARD,OR 97224
2S1116C-D2503 2S111BC-02700
CORLISS JAMES UCORA K GLEAVES GREGORY L&JONETTE
9750 5W INEZ 10380 SW CANTERBURY LN
TIGARD, OR 97224 TIGARD,OR 97223
251116C-02401 2S1116C-04600
CROSS ROGER K III&CLARE E GOTTER SAMUEL A&VICTORIA L
10155 SW MURDOCK ST 10125 SW MURDOCK ST
TIGARD, OR 97224 TIGARD,OR 97224
2S111CB-01304 2S111C8-02000
DERIDDER JANET E GUTHRIE DONALD Z&SUSAN C
10365 SW DEL MONTE DRIVE 10070 SW MURDOCK ST
TIGARD, OR 97223 TIGAR�,OR 97224
.• .
i i ce-oz� 2si i i cs-oosoo
GUT ONALD Z 8 SUSAN C MUNHALL WALTER F JR AND
100 SW RDOCK ST JEAN 8
GARD, OR 9 224 14805 SW 103RD AVE
TIGARD,OR 97223
2S111BC-01900 2S111BC-02302
HANSEN DOUGLAS V 8�CHERI L NOKES DESTON S
14535 SW 100TH AVE 15532 5W PACIFIC HWY
TIGARD,OR 97224 STE C-1 B#22
TIGARD,OR 97224
2S111C8-00200 2S111BC-02303
HART THOMAS J AND LEONA M NOKES KATHY EVELYN
14915 SW 103RD AVENUE PO BOX 230231
TIGARD,OR 97224 TIGARD,OR 97281
2S'1116C-o47o0 25111BC-o28o0
HEYWORTH MEGAN E 8 SEAN A PRESBYTERY OF PORTLAND THE
6333 SW GARDEN HOME RD CALVIN PRESBYTERIAN CHURCH
PORTLAND, OR 97219 10445 SW CANTERBURY LN
TIGARD,OR 97224
2SiiiCB-o22o0 2SiiiC6-oosoo
HINTZ LESTER W SHELLEY ANDREW N
MARJORIE A 14820 SW 103RD AVE
14845 SW 100TH TIGARD,OR 97224
TIGARD,OR 97224
2S111CB-00101 2S111CB-00800
IRVING JAMES A 8 KAREN D SMELTER CRAIG C&JULIE A
10250 SW MURDOCK ST 14900 SW 103RD AVE
TIGARD,OR 97224 TIGARD,OR 97224
25111BC-o21o0 2S1t1CB-oo7o0
LITTLETON DAVID A AND WANDA J STOW JIM A&
10090 SW INEZ ETZEL PATRICIA L
TIGARD,OR 97224 14860 SW 103RD AVE
TIGARD,OR 97224
2S 111 C 6-D 1311 2S 111 C B-00900
MARGESON ERIC C&DEBRA J THOMAS DON W BONNIE L
14785 SW 104TH 14940 SW 103RD AVE
TIGARD,OR 97224 TIGARD,OR 97224
zsi i�ac-ozsoi zsi i ice-oz�oo
MAYS KENNETH W&KARLEEN R THOMAS DONALD W
10115 SW MURDOCK ST BONNIE L
TIGARD, OR 97224 14940 SW 103RD
TIGARD,OR 97224
2S111CB-00400 2S111BC-02600
MCNIERNEY CHRISTOPHER J TIGARD WATER DISTRICT/� ;��n�� f��
14835 SW 103RD AVE 8777 SW BURNHAM ST � �
TIGARD,OR 97224 PO BOX 23000
TIGARD,OR 97223
. •r ,
2S11106-02300
WEBER MARILYNN C
3812 NE 35TH PL
PORTLAND,OR 97212
2S1118C-o44o0
WILDER RANDY A&JANETTE L
COCHRAN BOYD C 8 WANDA J
WESTENHAVER DANA L 8�MARY LYN T
14563 SW 100TH AVE
TIGARD,OR 97224
2S1118C-04300
WILDER RANDY A/JANETTE L
14541 SW 100TH AVE
TIGARD,OR 97224
2S11106-02601
WINSTON MARK&ZSUZSANNA
14925 SW 100TH AVE
TIGARD, OR 97224
2S711BC-04100
YARNELL R ROSS&MELINDA D
14587 SW 100TH
TIGARD, OR 97224
2S>>iaC-oazoo
YOKE NICHOLAS J 8
COOPER-YOKE KATHLEEN E
14563 SW 100TH AVE
TIGARD,OR 97224
Josh Thomas Gretchen Buehner
10395 SW Bonanza 13249 SW 136'h Place
Tigard, OR 97224 Tigard, OR 97224
Kristen Miller
8940 SW Edgewood Street
Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Tim Esau
PO Box 230695
Tigard, OR 97281
CPO 46
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Joseph Dyar
10285 SW Highland Drive
Tigard, OR 97224-4668
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CITY OF TIGARD - SOUTH INTERESTED PARTIES fov. I of 11 li:lcurnlnlsetuollabelslClT South.docl UPDATED: 12-Mav-05
CITY OF TIGARD �. �;�����
COMMUNITY DEUELOPMENT DEPARTMENT ��
PLANNING DIVISION ��� ;_ 7 ZOd` CI7YOFTIGARD
I 3 I 25 SW HALL BOULEYARD , � �9 j� Commurrity cD�lopraent
TIGARD, OREGON 97223 �y� �Ypl�?1� �, s�pingA��cr.�Communicy
PHONE: 5D3-639•4111 FAX: 503-6W�i�99 (Attn: Patty/Planning) _
�% -
��� � � � � � � D D � � � VW W� IAW�U�� I�IINJ U
Property owner information is valid for 3 months from the date of your request
INDICATE ALL PROJECT MAP & TAX LOT NUMBERS (i.e. 1S134AB, Tax Lot 00100) OR THE
ADDRESSES FOR ALL PROJECT PARCELS BELOW:
�� � I ��C' � n.�:�� �s r-�.,
PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR
HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your lantl use application to the City, and
the pro'Iect planner has reviewed your application for completeness, you will be notified by means of an
incompleteness letter to obtain your 2 final sets of labels.
The 2 final sets of labels need to be placed on envelopes with first class letter-rate postage on the
envelopes in the form of postage stamps (no metered envelopes and no return address) and
resubmitted to the City, for the purp ose of providing notice to property owners of the proposed lantl use
application and the decision. The 1 sets of envelopes must be kept separate. The person listed below will
be called to pick up and pay for the labels when they are ready.
NAME OF CONTACT PERSON: ��C'�fJ,�'���T��%C�, PHONE: ��3 ��y v���
FAX:
This request may be mailed, faxed or hand delivered to the City of Tigard. Please allow a
2-day minimum for processing reques�s. Upon completion of your request, the contact person will be
called to pick up their request that will be placed in "Will Calf' by their last name, at the Community
Development Reception Desk.
The cost of processing your request must be paid at the time of pick up, as exact cost can not be
pre-determined.
PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS PROVIDED
BY THE CITY VS. RE-TYPED MAILING LABELS WILL BE ACCEPTED.
Cost Description:
$11 to generate the mailing list, plus$2 per sheet for printing the list onto labels(20 addresses per sheet).
Then, multi I the cost to rint one set of labels b the number of sets re uested.
EXAMPLE COST FOR THIS REQUEST
4 sheets of labels x$2lsheet= 8.00 x 2 sets= $16.00 � sheet(s)of labels x$2lsheet=�x��- sets= , ����f
2 sheets of labels x$2lsheet for interested parties x 2 sels= $ 4.Q0 _sheet(s)of labels x$21she forynterested parties=�,�x�sets= ��
GENERATE LIST = $]1.QQ GENERATE LIST =
TOTAL = $31.00 ry TOTAL '�$ '��
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2S1118C-02500
GALICH PATRICIA&
MITCHELL MICHAEL W
10205 SW.MURDOCK ST
TIGARD,OR 97224
� �
AtFIDAVIT OF MAILING CITYOFTIGARD
(ommu�uty�Dcrcic�prnertt
S�iapirtgA�detterCommunity
I, �PatriciaL. Gunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministratrveSpeciaCzrtfor the
City of�I'rgard, `Washir�gton County, Oregon and that I served the following:
{Check qppropnate Box(5)Below} �
❑x NOTICE OF PENDING LAND USEAPPLICATION FOR: MLP2005-00009/MITCHELL-GALI(H PARTITION
❑ AMENDED NOTICE (File No./Name Reference)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhlblt"A", and by reference made a part hereof, was mailed to
each named person(s) at the address(s} shown on the attached list(s), marked Exhlblt"B", and by reference made a part
hereof, on November30,2005,and deposited in the United States Mail on Nouemder30,2005, postage prepaid.
— • �
�
(Person at Pr ared otice)
,57,A7E OF O�EGON )
County of`Washrngton )ss
City of 7zgard )
T'�
Subscribed and sworn/affirmed before me on the � day of� , 2005.
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NOTICE TO MORTGAGEE, LIENHOLDER,VENDOR OR SELLER:
THE TIGARD DEVELOPMENT CODE REQUIRES THAT IF YOU RECEIVE THIS NOTICE,IT SHALL BE PROMPTLY FORWARDED TO THE PURCHASER.
NOTICE OF PENDING LAND USE APPLICATION CITYOFTIGARD
MINOR LAND PARTITION .s��i��,(,�`�`�a�tt;�`;;;;,'u;1;�y
DATE OF NOTICE: November 30, 2005
Fi�E NunnBER: MINOR LAND PARTITION (MLP) 2005-00009
Fi�E NannE: MITCHELL/GALICH PARTITION
REQUEST: The applicant is requesting approval for a Minor Land Partition to partition one (1) existing
.73-acre lot into three (3) parcels for detached single-family residences. A single-family
dwelling exists on the subject parcel and is proposed to remain on proposed parcel #1.
LOCATION: 10205 SW Murdock Street; WCTM 2S111 BC, Tax Lot 02500.
COMP. PLAN
DESIGNATION: Low-Density Residential District.
ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential units at
a minimum lot size of 7,500 square feet. Duplexes and attached single-family units are
permitted conditionally. Some civic and institutional uses are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715, 18.745,
18.765, 18.790, 18.795 and 18.810.
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 DECEMBER 14, 2005. All comments should be directed to James Richardson, 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 James tiqard-or.qov.
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 DECEMBER 29, 2005. IF YOU PROVIDE COMMENTS, YOU WILL BE SENT A
COPY OF THE FULL DECISION ONCE IT HAS BEEN RENDERED.
WRITTEN COMMENTS WILL BECOME A PART OF THE PERMANENT PUBLIC RECORD AND SHALL CONTAIN
THE FOLLOWING INFORMATION:
. Address the specific "Applicable Review Criteria" described in the section above or any other criteria
believed to be applicable to this proposal;
. Raise any issues and/or concerns believed to be important with sufficient evidence to allow the City to
provide a response;
. Comments that provide the basis for an appeal to the Tigard Hearings Officer must address the relevant
approval criteria with sufficient specificity on that issue.
Failure of any party to address the relevant approval criteria with sufficient specificity may preclude
subsequent appeals to the Land Use Board of Appeals or Circuit Court on that issue. Specific findings
directed at the relevant approval criteria are what constitute relevant evidence.
AFTER THE 14 DAY COMMENT PERIOD CLOSES, THE DIRECTOR SHALL ISSUE A TYPE II ADMINISTRATIVE DECISION. THE
DIRECTOR'S DECISION SHALL BE MAILED TO THE APPLICANT AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITHIN
500 FEET OF THE SUBJECT SITE, AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMMENTS OR WHO IS OTHERWISE
ENTITLED TO NOTICE. THE DIRECTOR'S DECISION SHALL ADDRESS ALL OF THE RELEVANT APPROVAL CRITERIA. BASED
UPON THE CRITERIA AND THE FACTS CONTAINED WITHIN THE RECORD, THE DIRECTOR SHALL APPROVE, APPROVE WITH
CONDITIONS OR DENY THE REQUESTED PERMIT OR ACTION.
SUMMARY OF THE DECISION-MAKING PROCESS:
. The application is accepted by the City
. Notice is sent to property owners of record within 500 feet of the proposed development area allowing a
14-day written comment period.
. The application is reviewed by City Staff and affected agencies.
. City Staff issues a written decision.
. Notice of the decision is sent to the Applicant and all owners or contract purchasers of record of the site; all
owners of record of property located within 500 feet of the site, as shown on the most recent property tax
assessment roll; any City-recognized neighborhood group whose boundaries include the site; and any
governmental agency which is entitled to notice under an intergovernmental agreement entered into with the
City which includes provision for such notice or anyone who is otherwise entitled to such notice.
INFORMATION/EVIDENCE AVAILABLE FOR REVIEW:
The application, written comments and supporting documents relied upon by the Director to make this decision are
contained within the record and are available for public review at the City of Tigard Community Development
Department. Copies of these items may be obtained at a cost of $.25 per page or the current rate charged for this
service. Questions regarding this application should be directed to the Planning Staff indicated on the first page of
this Notice under the section titled "Your Right to Provide Written Comments."
....,.........,....... I
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I MLP2005-00009
MITfHEIL & GALICH
T PARTITION
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� EXHIBIT�
2S 111 C 8-00102 2 S 111 C B-01303
ALEXANDER RONALD E DEVERS JAMES R&SUSAN M
MARY T 14870 SW 104TH AVE ��
10150 SW MURDOCK TIGARD,OR 97224
TIGARD,OR 97223
2 111 C B-001 D4 2S 111 C 8-00300
AL NDER NALD E DOBLIE THOMAS&MELINDA
MARY 14875 SW 103RD AVE
101 W URDOCK ST TIGARD,OR 97224
�tGARD, OR 7223
2S1118C-02000 2S111BC-02300
BAKER JAMES WILBUR FANTZ GARY E AND GAY
HELENE 14530 SW 103RD AVE
10070 SW INEZ ST TIGARD,OR 97223
TIGAR�,OR 97223
2S111CB-01310 2S111CB-00103
BAKER JOHN G& FOSTER CRAIG A&CAREN L
BRADSHAW-BAKER LEANNE 10200 SW MURDOCK ST
14825 SW 104TH AVE TIGARD,OR 97224
TIGARD,OR 97224
2S111CB-01301 2S1118C-04500
BANFORD ROBERT D FRISWOLD JAMES E&DIANA J
BETTY R 14700 SW 103RD AVE
14790 SW 104TH TIGARD,OR 97224
TIGARD,OR 97223
zs�>>ce-ozsoo 2S111CB-01902
BARTON RICHARD M&DIANE M FRY HERMAN W JR 8 BETTY JUNE
14915 SW 100TH AV 14830 SW 104TH
TIGARD,OR 97223 TIGARD,OR 97224
2S111 BC-048D0 25111 BG02500
COOPER THEODORE P& GALICH PATRICIA&
SHELLEY R MITCHELL MICHAEL W
10198 SW INEZ ST 10205 SW MURDOCK ST
TIGARD,OR 97224 TIGARD,OR 97224
2S111BC-02503 2S111BC-0270D
CORLISS JAMES UCORA K GLEAVES GREGORY L&JONETTE
9750 5W INEZ 10380 SW CANTERBURY LN
TIGARD,OR 97224 TIGARD,OR 97223
2S1118C-02401 2S111BC-04600
CROSS ROGER K III&CLARE E GOTTER SAMUEL A&VICTORIA L
10155 SW MURDOCK 5T 10125 SW MURDOCK ST
TIGARD,OR 97224 TIGARD,OR 97224
ti
2S 111 CB-01304 25111 CB-02000
DERID�ER JANET E GUTHRIE DONALD Z&SUSAN C
10365 SW DEL MONTE DRIVE 10070 SW MURDOCK ST
TIGARD,OR 97223 TIGARD,OR 97224
, 11CB-021 2S111CB-00500
GUT ONALD Z&SUSAN C MUNHALL WALTER F JR AND
100 SW RDOCK ST JEAN B
GARD,OR 9 224 14805 SW 103RD AVE
TIGARD,OR 97223
2S111BC-01900 2S1118C-02302
HANSEN DOUGLAS V&CHERI L NOKES DESTON S
14535 SW 100TH AVE 15532 SW PACIFIC HWY
TIGARD,OR 97224 STE C-1B#22
TIGARD,OR 97224
zsi��ce-oo2oo zsiiiac-ozsos
HART THOMAS J AND LEONA M NOKES KATHY EVELYN
14915 SW 103RD AVENUE PO BOX 230231
TIGARD,OR 97224 TIGARD,OR 97281
25111BC-D4700 2S111BC-02800
HEYWORTH MEGAN E&SEAN A PRESBYTERY OF PORTLAND THE
6333 SW GARDEN HOME RD CALVIN PRESBYTERIAN CHURCH
PORTLAND, OR 97219 10445 SW CANTERBURY LN
TIGARD,OR 97224
2S111CB-02200 2S111CB-00600
HINTZ LESTER W SHELLEY ANDREW N
MARJORIE A 14820 SW 103RD AVE
14845 SW 100TH TIGARD,OR 97224
TIGARD, OR 97224
2S 711 C B-00101 2511 1 C B-00800
IRVING JAMES A&KAREN D SMELTER CRAIG C 8 JULIE A
10250 SW MURDOCK ST 14900 SW 103RD AVE
TIGARD,OR 97224 TIGARD,OR 97224
zs�iiec-oz�oo 2s�iica-oo�oo
LITTLETON DAVID A AND WANDA J STOW JIM A&
10090 SW INEZ ETZEL PATRICIA L
TIGARD,OR 97224 14860 SW 103RD AVE
TIGARD,OR 97224
2S111C8-01377 2S111C8-00900
MARGESON ERIC C&DEBRA J THOMAS DON W BONNIE L
14785 SW 104TH 14940 SW 103RD AVE
TIGARD, OR 97224 TIGARD,OR 97224
2S111 BC-02501 2S111 CB•02700
MAYS KENNETH W&KARLEEN R THOMAS DONALD W
10115 SW MURDOCK ST BONNIE L
TIGAR�, OR 97224 14940 SW 103RD
TIGARD,OR 97224
2siiiC6-ooaoo 2SiiiBC-o26o0
MCNIERNEY CHRISTOPHER J TIGARD WATER DISTRICT`�� ;��nn� �t
14835 SW 103RD AVE 8777 SW BURNHAM ST
TIGARD,OR 97224 PO BOX 23000
TIGARD,OR 97223
2S111 CB-02300
WEBER MARILYNN C
3812 NE 35TH PL
PORTLAND,OR 97212
2S111 BC-04400
WILDER RANDY A&JANETTE L
COCHRAN BOYD C&WANDA J
WESTENHAVER DANA L&MARY LYN T
14563 SW 100TH AVE
TIGARD, OR 97224
2S111 BC-04300
WILDER RANDY A/JANETTE L
14541 SW 100TH AVE
TIGARD,OR 97224
2S111 CB-o26o1
WINSTON MARK&ZSUZSANNA
14925 SW 100TH AVE
TIGARD,OR 97224
2S111 BC-04100
YARNELL R ROSS &MELINDA D
14587 SW 100TH
TIGARD, OR 97224
2S11'I BC-04200
YOKE NICHOLAS J &
COOPER-YOKE KATHLEEN E
14563 SW 100TH AVE
TIGARD, OR 97224
Josh Thomas Gretchen Buehner
10395 SW Bonanza 13249 SW 136'h Place
Tigard, OR 97224 Tigard, OR 97224
Kristen Miller
8940 SW Edgewood Street
Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Tim Esau
PO Box 230695
Tigard, OR 97281
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Joseph Dyar
10285 SW Highland Drive
Tigard, OR 97224-4668
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CITY OF TIGARD - SOUTH INTERESTED PARTIES (ov. I of Il fi:lcurolnlsetuollabelslClT South.docl UPDATED: 12-Mav-05
. ,, l
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.
� i
In the Matter of the Proposed Land Use Applications for:
Land Use File Nos.: MLP2005-00009
Land Use File Name: MITCHELLIGALICH PARTITION
I, James Richardson, 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) ��2.�� ,� �11r� M(>R� �C.1� ��'.
v
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 JT� day of I��C E M R�R , 2005.
��� � .
Signature of Person Who Performed Posting
h:\loginlpattylmasterslaffidavit of posting for staff to post a site.doc
r
M I NOR LAN D PARTITION (M LP) 2005-00009
REQUEST: The applicant is requesting approval for a Minor Land Partition to
partition one (1 ) existing .73-acre lot into three (3) parcels for detached single-
family residences. A single-family dwelling exists on the subject parcel and is
proposed to remain on proposed parcel #1 . LOCATION : 10205 SW Murdo�'�
Street; WCTM 2S111 BC, Tax Lot 02500. C�MPREHENSIVE PLAN
DESIGNATION : Low-Density Residential District. ZONE: R-4.5: Low-
Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory
residential units at a minimum lot size of 7,500 square feet. Duplexes and
attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally. APPLICABLE REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.51 �
18.705, 18.715, 18.745, 18.765, 18.79�, 18.795 and 18.810.
Further information may be obtained from the Planning Division (staff contact:
James Richardson) at 13125 SW Hall Blvd., Tigard, Oregon 97223, by calling 503-
639-4171 , or by email to James(c�tigard-or.qov. A copy of the application and all
documents and evidence submitted by or on behalf of the applicant and the
applicable criteria are available for inspection at no cost and copies for all items can
also be provided at a reasonable cost.
, ,
AFFIDAVIT �F MAILING CITYOFTIGARD
Cumrnunity�Uevelopmeat
SfeapingA BetterCommunity
I, �PatriciaL. .Gunsforcf, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdmim'strativeSpeciaCutfor the
Ci�y of 7'igard, `Washington County, Oregon and that I served the following:
(Check Appropriate BO*(s)BCbW}
❑x NOTICE OF DECISION FOR: MLP2005-00009/MITCHELL-GALICH PARTITION
� AMENDED NOTICE (File No.lName Re/erence)
� City of Tigard Planning Director
A copy of the said notice being hereto attached, marked Exhlblt"A", and by reference made a part hereof, was mailed to
each named person(s) at the address(s) shown on the attached list(s), marked E)Ihlblt"B", and by reference made a part
hereof, on Februar�1,2006,and deposited in the United States Mail on February1,2006, postage prepaid.
r �
� �
C/�`'L� � C
(Person that P pared ' e)
.SxA7E O�F'O�EGO�V' �
County of`WasFington )ss
City of�Iigarcf ) ,�
Subscribed and sworn/affirmed before me on the ��day of , 2006.
r : �v�����-
�� NOTARY PUBL�C-pF;EGO�.'
COMM1SSlON V0.375i52
!1��ridJ11�':�i;:J!��Q({�i,-��,_� f�Fv.1 "�'
--- — _....__..e,.,_--- r G_
My Com " ion Expires: �� �('a 7
� � EXHIBlT�
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2005-00009 CITYOFTIGARD
MITCHELL-GALICH PARTITION c°'n""""r'"��`���p"��,t`
S�aping��aetter�ommu�rity
120 DAYS =3/18/2006
SECTION I. APPLICATION SUMMARY
FILE NAME: MITCHELL-GALICH PARTITION
CASE NO: Minor Land Partition (MLP) MLP2005-00009
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
.73-acre lot into three (3) parcels for detached single-family residences. An
existing single-family dwelling exists on the subject parcel and is proposed to
remain on Parcel #1. The applicants received approval in 2003 to adjust the street
improvement requirements of Chapter 18.810 in order to place future sidewalks in
easements during the partitioning of the subject property (VAR2003-00018).
APPLICANT: Michael Mitchell and Patricia Galich OWNER: Same
10205 SW Murdock Street
Tigard, OR 97224
ZONING
DESIGNATION: R-3.5: Low-Density Residential District. The R-3.5 zoning district is designed to
accommodate detached single-family homes with or without accessory
residential units at a minimum lot size of 10,000 square feet. Duplexes and
attached single-family units are permitted conditionally. Some civic and
institutional uses are also permitted conditionally.
LOCATION: 10205 SW Murdock Street; WCTM 2S111 BC, Tax Lot 2500.
PROPOSED PARCEL 1: 10,000 Square Feet.
PROPOSED PARCEL 2: 10,000 Square Feet.
PROPOSED PARCEL 3: 10,000 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and
Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree
Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility
Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in the full decision, available at City Hall.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE U�i iE �3F ��il� DECi:310N.
All documents and applicable criteria in the above-noted file are available for inspection at no cost or
copies can be obtained for finrenty-five cents (25fi) per page, or the current rate charged for copies at the
time of the request.
SECTION III. PROCEDURE AND APPEAL INFORMATION
Notice:
oT�t�ce mailed to:
X The applicant and owners
�— Owner of record within the required distance
�— Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON FEBRUARY 1, 2006 AND BECOMES
EFFECTIVE ON FEBRUARY 16, 2006 UNLESS AN APPEAL IS FILED.
,A��eal:
TF�e 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 FEBRUARY 15, 2006.
Questions:
or urt ier information please contact the Planning Division Staff Planner, Gar Pa enstecher at
(503) 639-4171, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97 .
- � -- --�� -
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EXH I '
ZS,,,�e_oo,o2 N 2S111CBD1303 M BIT
ALEXANDER RONALD E DEVERS JAMES R&SUSAN M �
MARY T 14870 SW 104TH AVE
10150 SW MURDOCK TIGARD,OR 97224
TIGARD,OR 97223
2 111 CB-001 D4 2S111 CB-00300
AL NDER NALD E DOBLIE THaMAS&MELINDA
MARY 14875 SW 103RD AVE
10� W URDOCK ST TIGARD,OR 97224
yfGARD,OR 7223
2S1118C-02000 2S111BC-02300
BAKER JAMES WILBUR FANTZ GARY E AND GAY
HELENE 14530 SW 103RD AVE
10070 SW INEZ ST TIGARD,OR 97223
TIGARD,OR 97223
2S111CB-01310 2S111CB-00103
BAKER JOHN G & FOSTER CRAIG A&CAREN L
BRADSHAW-BAKER LEANNE 10200 SW MURDOCK ST
14825 SW 104TH AVE TIGARD,OR 97224
TIGARD,OR 97224
2S111CB-01301 2S1116C-04500
BANFORD ROBERT D FRISWOLD JAMES E&DIANA J
BETTY R 14700 SW 103RD AVE
14790 SW 104TH TIGARD,OR 97224
TIGARD,OR 97223
2S 111 CB-02600 25111 CB-01302
BARTON RICHARD M& DIANE M FRY HERMAN W JR&BETTY JUNE
14915 SW 100TH AV 14830 SW 104TH
TIGARD,OR 97223 TIGARD,OR 97224
2S111BC-04800 2S111BC-02500
COOPER THEODORE P& GALICH PATRICIA&
SHELLEY R MITCHELL MICHAEL W
10198 SW INEZ ST 10205 SW MURDOCK ST
TIGARD,OR 97224 TIGARD,OR 97224
2S1118C-02503 2S7118C-02700
CORLISS JAMES UCORA K GLEAVES GREGORY L&JONETTE
9750 SW INEZ 10380 SW CANTERBURY LN
TIGARD, OR 97224 TIGARD,OR 97223
2S111BC-02401 2S1116C-04600
CROSS ROGER K III&CLARE E GOTTER SAMUEL A&VICTORIA L
10155 SW MURDOCK ST 10125 SW MURDOCK ST
TIGARD, OR 97224 TIGARD,OR 97224
2S 11�C B-01304 2S 11 1 C B-02000
DERIDDER JANET E GUTHRIE DONALD Z&SUSAN C
10365 SW DEL MONTE DRIVE 10070 SW MURDOCK ST
TIGARD,OR 97223 TIGARD,OR 97224
r .
G�11CB-021 � 2S111C8-00500 �
ONALD Z&SUSAN C MUNHALL WALTER F JR AND
100 SW RDOCK ST JEAN B
GARD, OR 9 224 14805 SW 103RD AVE
TIGARD,OR 97223
2S111BC-01900 2S1116C-02302
HANSEN DOUGLAS V&CHERI L NOKES DESTON S
14535 SW 100TH AVE 15532 SW PACIFIC HWY
TIGARD, OR 97224 STE C-16#22
TIGARD,OR 97224
2S111CB-00200 2S1116C-�2303
HART THOMAS J AND LEONA M NOKES KATHY EVELYN
14915 SW 103RD AVENUE PO BOX 230231
TIGARD,OR 97224 TIGARD,OR 97281
2St116C-o47o0 2S1116C-o29Do
HEYWORTH MEGAN E&SEAN A PRESBYTERY OF PORTLAND THE
6333 SW GARDEN HOME RD CALVIN PRESBYTERIAN CHURCH
PORTLAND,OR 97219 10445 SW CANTERBURY LN
TIGARD,OR 97224
2S 111 CB-02200 25111 CB-00600
HINTZ LESTER W SHELLEY ANDREW N
MARJORIE A 14820 SW 103RD AVE
14845 SW 100TH TIGARD,OR 97224
TIGARD,OR 97224
zs>>>CS-ooioi 2s��iCe-aoaoo
IRVING JAMES A&KAREN D SMELTER CRAIG C&JULIE A
10250 SW MURDOCK ST 14900 5W 103RD AVE
TIGARD, OR 97224 TIGARD,OR 97224
2S1116C-02100 2S11106-00700
LITTLETON DAVID A AND WANDA J STOW JIM A&
10090 SW INEZ ETZEL PATRICIA L
TIGARD,OR 97224 14860 SW 103RD AVE
TIGARD,OR 97224
2S11106-01311 2S111CB-00900
MARGESON ERIC C&DEBRA J THOMAS DON W BONNIE L
14785 SW 104TH 14940 SW 103RD AVE
TIGARD, OR 97224 TIGARD,OR 97224
2S1116G02501 2S111CB-02700
MAYS KENNETH W&KARLEEN R THOMAS DONALD W
10115 SW MURDOCK ST BONNIE L
TIGARD,OR 97224 14940 SW 103RD
TIGARD,OR 97224
2SiiiCe-ooaoo 2S1�teC•o26o0
MCNIERNEY CHRISTOPHER J TIGARD WATER DISTRICTl� ;��nn� f�_
14835 SW 103RD AVE 8777 SW BURNHAM ST � �`
TIGARD, OR 97224 PO BOX 23000
TIGARD,OR 97223
2S;,;Cg_�23�� 1 � M
WEBER MARILYNN C
3812 NE 35TH PL
PORTLAND,OR 97212
zs��iac-oaaaa
WILDER RANDY A&JANETTE L
COCHRAN BOYD C&WANDA J
WESTENHAVER DANA L&MARY LYN T
14563 SW 10DTH AVE
TIGARD,OR 97224
2S1116C-04300
WILDER RANDY A/JANETTE L
14541 SW 100TH AVE
TIGARD,OR 97224
2S111 CB-02601
WINSTON MARK&ZSUZSANNA
14925 SW 100TH AVE
TIGARD, OR 97224
2S1116C-04100
YARNELL R ROSS&MELINDA D
14587 SW 100TH
TIGARD,OR 97224
2S111BC-04200
YOKE NICHOLAS J&
COOPER-YOKE KATHLEEN E
14563 SW 100TH AVE
TIGARD,OR 97224
. , � � N
Josh Thomas Gretchen Buehner
10395 SW Bonanza 13249 SW 136th Place
Tigard, OR 97224 Tigard, OR 97224
Kristen Miller
8940 SW Edgewood Street
Tigard, OR 97223
Paul Owen
10335 SW Highland Drive
Tigard, OR 97224
Tim Esau
PO Box 230695
Tigard, OR 97281
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Ross Sundberg
16382 SW 104th Avenue
Tigard, OR 97224
Brian Wegener
9830 SW Kimberly Drive
Tigard, OR 97224
Joseph Dyar
10285 SW Highland Drive
Tigard, OR 97224-4668
Rex Caffall
13205 SW Village Glenn
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CITY OF TIGARD - SOUTH INTERESTED PARTIES lov. I o( I1 li:\curolnlsetu�llabels\CIT South.docl UPDATED: 12-Mav-05
AFFIDAVIT OF MAILING CITYOFTIGARD
(nnrrrtuu�ty�Uer��Coprncnt
SFiapingA BetterCommunity
I, �PatriciaG. Gunsford, being first duly sworn/affirm, on oath depose and say that I am a SeniorAdministrativeSpecial'utfor the
City of7'�gard, �fNasFiington County, Oregon and that I served the following:
{Cneck Appropriate Box(sl8eiow}
❑X NOTICE Of DECISION fOR: MLP2005-00009/MITCHELL-GALICH PARTITION
❑ AMENDED NOTICE (File No./Name 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 Ellhlblt"B", and by reference made a part
hereof, on Februar�ll,2006,and deposited in the United States Mail on Februarfll,2006, postage prepaid.
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(Person at Pre red Notice)
,57A2�E OF O�C'j�N �
County of�iNasT ington )ss
City of�Irgard ) � .�h �
Subscribed and sworn/affirmed before me on the `f day of , 2006.
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EXHIBIT A
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2005-00009 CITV�OfTIGARD
MITCHELL-GALICH PARTITION Commtu:ity4�eveCopmerit
Sjraping�Better(;ornmruiity
120 DAYS =3/18/2006
SECTION I. APPLICATION SUMMARY
FILE NAME: MITCHELL-GALICH PARTITION
CASE NO: Minor Land Partition (MLP) MLP2005-00009
PROPOSAL: The applicant is requesting a Minor Land Partition to partition one (1) existing
.73-acre lot into three (3} parcels for detached single-family residences. An
existing single-family dwelling exists on the subject parcel and is proposed to
remain on Parcel #1. The applicants received approval in 2003 to adjust the street
improvement requirements of Chapter 18.810 in order to place future sidewalks in
easements during the partitioning of the subject property (VAR2003-00018).
APPLICANT: Michael Mitchell and Patricia Galich OWNER: Same
10205 SW Murdock Street
Tigard, OR 97224
ZONING
DESIGNATION: R-3.5: Low-Density Residential District. The R-3.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 10,000 square feet. Duplexes and attached
single-family units are permitted conditionally. Some civic and institutional uses are
also permitted conditionally.
LOCATION: 10205 SW Murdock Street; WCTM 2S111 BC, Tax Lot 2500.
PROPOSED PARCEL 1: 10,000 Square Feet.
PROPOSED PARCEL 2: 10,000 Square Feet.
PROPOSED PARCEL 3: 10,000 Square Feet.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390 (Decision-Making Procedures);
18.420 (Land Partitions); 18.510 (Residential Zoning Districts); 18.705 (Access
Egress and Circulation); 18.715 (Density Computations); 18.745 (Landscaping and
Screening); 18.765 (Off-Street parking and Loading Requirements); 18.790 (Tree
Removal); 18.795 (Visual Clearance Areas); and 18.810 (Street and Utility
Improvement Standards).
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions. The findings and conclusions on which the
decision is based are noted in Section V.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 1 OF 20
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
u mit to t e anning epartment ary agenstec er, , ext. or review an
approval:
1. Prior to final plat approval, the applicant shall revise the preliminary plat to include a note to the
effect that all structure setbacks including garages shall be measured from the interior edge of the
pedestrian sidewalk easement rather than the property line.
2. Prior to final plat approval, the applicant shall revise the preliminary plat to include the visual
clearance areas.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
3. Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required
for this project to cover street improvements, utility extensions and laterals 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 t�plic improvements.
Public Facility Improvement (PFI) permit plans shall conform to City of Tigard Public
Improvement Desi n Standards, which are available at City Hall and the City's web page
(www.tiqard-or.qov�
4. 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. Qlso 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.
5. Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT:
Shirley Treat, Engineering).
6. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate
in the future improvements of SW Murdock Street adjacent to the sub�ect property, when any of
the following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
B. when the im�provements are part of a larger project to be financed or paid for in whole or in
part by the City or other public agency,
C. when the improvements are par� of a larger project to be constructed by a third party and
involves the sharing of design and/or construction expenses by the third party owner(s) of
property in addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by the City Engineer
in conjunction with construction of improvements by others adjacent to the subject site.
7. The applicant shall execute a Restrictive Covenant whereby they a�ree to complete or participate
in the future improvements of SW 103�d Avenue adjacent to the sub�ect property, when any of the
following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the
formation of a Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in whole or in
part by the City or other public agency,
C. when the improvements are part of a larger project to be constructed by a third party and
involves the sharing of design and/or construction expenses by the third party owner(s) of
property in addition to the subject property, or
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 2 OF 20
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.
8. Prior to final plat approval, the applicant's design engineer shall submit documentation, for review
by the City (Kim McMillan), of the downstream capaciry of any existing storm facility impacted by
the proposed development.
9. Prior to final plat approval, the applicant's engineer shall submit plans and calculations, for review
by the City (Kim McMillan) for the proposed stormwater disposal to an approved public system.
10. Prior to final plat approval the applicant shall complete the proposed and approved stormwater
improvements.
11. The applicant shall either place the existing overhead utility lines along SW Murdock Street
underground as a part of this project, or they shall pay the fee in-lieu of undergrounding The fee
shall be calculated by the fronta�e of the site that is parallel to the utility lines and will be $35.00
per lineal foot. If the fee option is chosen, the amount will be $7,875.00 and it shall be paid prior
to final plat approval.
12. 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."
13. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to
the City's global positioning system (GPS) geodetic control network (GC 22). These monuments
shall be on the same line and shall be of the same precision as requ�red for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates
can be established by:
. GPS tie networked to the City's GPS survey.
. By random traverse using conventional surveying methods.
14. Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor
licensed to practice in Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact
Planning/Engineering Permit Technicians, at 503) 639-4171, ext. 2421).
C. The final plat and data or narrative shall be rawn to the minimum standards set forth by
the Oregon Revised Statutes (ORS 92.05), Washington C�unty, and by the City of Tigard.
D. The right-of-way dedication for Murdock Street and 103� Avenue shall be made on the
final p1at. The dedication shall provide for 25 feet from centerline on both streets. In
addition, the plat shall s�ow a 2 foot public sidewalk easement along the frontages of
Murdock Street and 103r Avenue.
E. NOTE: Washington County will not begin their review of the final plat until they receive
notice from the Engineering Department indicating that the City has reviewed the final plat
and submitted comments to the ap�licant's surveyor.
F. After the City and County have reviewed the final plat, submit two mylar copies of the final
plat for City Engineer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF BUILDING PERMITS:
u mit to t e anning epartment ary agenstec er, , ext. or review an
approval:
15. Prior to issuance of building permits, the full text of City Forester's tree protection plan
requirements, as identified in the findings for Section 18.790 shall be placed on the tree protection
plan and included in the construction drawings.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 3 OF 20
16. Prior to issuance of building permits, the applicant shall ensure all proposed protection fencing
is installed and inspected, and shall remain in place through the duration of home building.
After approval from the City Forester, the tree protection measures may be removed.
17. Prior to issuance of building permits, the applicant shall record a deed restriction for each lot to
the effect that any tree larger than 12 inches in diameter shall not be removed unless the tree
dies or is hazardous according to a certified arborist. The deed restriction may be removed or will
be considered invalid if a tree preserved in accordance with this section should either die or be
removed as a hazardous tree.
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642) for review and
approval:
18. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
19. During issuance of the building permit for Parcels 2 & 3, the applicant shall pay the standard
water quality and water quantity fees per lot (fee amounts will be the latest approved by CWS).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF CIRTIFICATES OF OCCUPANCY:
u mit to t e anning epartment ary agenstec er, 7 , ext. or review an
approval:
20. Prior to the issuance of any Certificates of Occupancy, the applicant shall ensure the Project
Arborist has submit written reports to the City Forester, at least, once every two weeks, from
initial tree protection zone (TPZ) fencing installation, as he monitors the construction activities
and progress. These reports should include any changes that occurred to the TPZ as well as
the condition and location of the tree protection fencing. If the amount of TPZ was reduced
then the Project Arborist shall justif�r why the fencin� was moved, and shall certify that the
construction activities to the trees did not adversely impact the overall and long-term health
and stability of the tree(s). If the reports are not su6mitted or received by the City Forester at
the scheduled intervals, and if it appears the TPZ's or the Tree Protection Plan is not being
followed by the contractor, the City can stop work on the project until an inspection can be
done by the City Forester and the Project Arborist. This inspection will be to evaluate the tree
protection fencing, determine if the fencing was moved at any point during construction, and
determine if any part of the Tree Protection Plan has been violated.
21. Prior to the issuance of any Certificates of Occupancy, the applicant shall plant street trees in
accordance with the Revised Tree Assessment prepared by Tree Care & Landscapes Unlimited,
Inc. and dated March 28, 2005. The proposed trees shall be planted in accordance with the
standards for size and spacing in this title, under Section 18.745.040.C.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE
DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS
DECISION.
SECTION III. BACKGROUND INFORMATION
Pro ert Histo :
e su Ject ot is located within the City of Tigard. The property is designated Low-Density Residential
on the Tigard Comprehensive Plan Map. The applicants received approval to adjust the street
improvement requirements of Chapter 18.810 in order to place future sidewalks in easements during
the partitioning of the subject property (VAR2003-000018).
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 4 OF 20
Site Information and Pro osal Descri tions
e su �ect property is approximatey .73 acres or 31,799 square feet in size. The site has
appr�ximately 225 feet of frontage on SW Murdock Street and approximately 142 feet of frontage on SW
103` Avenue. The property slopes gently down towards the east. The adjacent properties are developed
with single-family homes.
The owner is proposing to partition two additional lots from the western portion of the subject site as
indicated on the proposed partition plat. Proposed Parcel #1 (10,000 square feet) includes an existing
dwelling that is proposed to remain. Proposed Parcel #2 is 10,000 square feet and proposed Parcel 3 is
10,000 square feet.
SECTION IV. PUBLIC COMMENTS
The City mailed notice to property owners within 500 feet of the subject site providing them an
opportunity to comment. Shelly Cooper and Andrew Shelley, neighbors, responded with an email
identifying their concerns for maintaining the character of the neig`iborhood through maintaining the
10,000 square foot minimum lot size. As the findings in this decision show, the appficant is required to
maintain the minimum lot size.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
Land Partitions (18.420):
The proposed partition complies with all statutory and ordinance requirements and regulations;
The proposed partition complies with or can be made to comply with all statutory and ordinance
requirements and regulations as demonstrated by the analysis contained within this administrative
decision and through the imposition of conditions of development approval. Provided that all necessary
conditions are satisfied as part of the development and building process, this criterion is met.
There are adequate public facilities available to serve the proposal;
Public facilities are discussed in detail later in this decision under Chapter 18.810 (Street & Utility
Improvement Standards). Based on the analysis provided herein, Staff finds that adequate public
facilities are available to serve the proposal. Therefore, this criterion is met.
All proposed improvements meet City and applicable agency standards; and
The public facilities and proposed improvements are discussed and conditioned later in this decision
under Chapter 18.810 (Street & Utility Improvement Standards). Improvements will be reviewed as part
of the permit process and during construction, at which time the appropnate review authority will ensure
that City and applicable agency standards are met. Based on the analysis in this decision, StafF finds
that this criterion is met.
All proposed lots conform to the specific requirements below:
The minimum width of the building envelope area shall meet the lot requirement of the applicable
zoning district.
The minimum lot width required for the R-3.5 zoning district is 65 feet. Parcel #1 is approximately 79
feet in width, parcel #2 is approximately 67 feet in width, and Parcel #3 is approximately 69 feet in width.
Therefore, this criterion has been met.
The Iot 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-3.5 zoning district is 10,000 square feet for detached
single-family units. The proposed partition creates three (3) lots that are each 10,000 square feet. No
flag lots are proposed. Therefore, this criterion has been met.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 5 OF 20
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.
As shown in the applicant's plans, each of the three proposed parcels has more than the 15-foot
minimum public street frontage. Therefore, this criterion is met.
Setbacks shall be as required by the applicable zoning district.
Setbacks for the R-3.5 zoning district are as follows: front = 20 feet; side = 5 feet; and rear =15 feet. The
existing house on Parcel #1 is proposed to remain. This structure is situated 34.4 feet from the front
properfy line after a 5-foot right of way dedication to the City for SW Murdock Street. The existing
residence is located 17.4 feet from the existing east side property line and 19.1 feet from the proposed
west side property line, and 24 feet from the proposed rear property line. Therefore, this criterion is met.
When the partitioned lot is a flag lot, the developer may determine the location of the front yard,
provided that no side yard is less than 10 feet. Structures shall generally be located so as to
maximize separation from existing structures.
No flag lots are proposed; therefore this standard is not applicable.
A screen shall be provided along the property line of a lot of record where the paved drive in an
accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040.
Screening may also be required to maintain privacy for abutting lots and to provide usable
outdoor recreation areas for proposed development.
All three of the driveway locations shown on the preliminary partition map are located more than 10 feet
from adjoining properties. Therefore, this criterion is met.
The fire district may require the installation of a fire hydrant where the length of an accessway
would have a detrimental effect on fire-fighting capabilities.
The fire district (TVFR) has reviewed the proposal and has not required an additional fire hydrant; there
is already a hydrant near the northwest corner of Parcel #2. Therefore, this criterion is met.
Where a common drive is to be provided to serve more than one lot, a reciprocal easement
which will ensure access and maintenance rights shall be recorded with the approved partition
map.
There are no existing or proposed shared driveways; therefore this standard is not applicable.
Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress and
Circulation.
Access standards are addressed under Chapter 18.705 (Access, Egress and Circulation later in this
decision. The proposed accesses for lots 1-3 are consistent with the provisions of TDC18.7 5.
Where landfill and/or development is allowed within or adjacent to the one-hundred year
floodplain, the city shall require consideration of the dedication of sufficient open land area for
greenway adjoining and within the floodplain. This area shall include portions at a suitable
elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance
with the adopted pedestrian/bicycle pathway plan.
The partitioned lots are not within nor adjacent to a one-hundred-year floodplain. Therefore, this
standard does not apply.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 6 OF 20
Residential Zoninq Districts (18.510):
Development standards in residential zoning districts are contained in Table 18.510.2 below:
TABLE 18.510.2
DEVELOPMENT STANDARDS IN RESIDENTIAL ZONES
STANDARD R-3.5 Parcel1 Parcel2 Parcel3
Minimum Lot Size
- Detached unit 10,000 sq.ft. 10,000 sf 10,000 sf 10,000 sf
- Duplexes
-Attached unit
Average Minimum Lot Width
- Detached unit lots 65 ft. 79 ft. 67.58 ft. 69.34 ft.
- Duplex lots 90 ft.
-Attached unit lots
Minimum Setbacks
- Front yard 20 ft. 34.4 ft. Can be met Can be met
-Side facing street on corner&through lots 20 ft. N/A N/A Can be met
-Side yard 5 ft. 17.4/19.1 ft. Can be met Can be met
- Rear yard 15 ft. 24 ft. Can be met Can be met
-Side or rear yard abutting more restrictive zoning district -- N/A N/A N/A
- Distance between property line and front of garage 20 ft. 34.4 ft. Can be met Can be met
Maximum Hei ht 30 ft. existin Can be met
Minimum Landsca e Re uirement 20% existin Can be met Can be met
FINDING: As demonstrated in the above table, the development standards of the R-3.5 zone have
been met for proposed Parcel #1 and can be met for proposed Parcels #2 and #3. The
setbacks will be applied during the building permit process. Therefore, the proposed minor
land partition is consistent with the development standards in Table 18.510.2.
Variances and Adiustments (18.370):
18.370.020-C-11. Adjustments for street improvement re uirements (Chapter 18.810). By means
of a Type II procedure, as governed by Section 18.390.0�0, the Director shall approve, approve
with conditions, or deny a request for an adjustment to the street improvement requirements,
based on findings that the following criterion is satisfied: Strict application of the standards will
result in an unacceptably adverse impact on existing development, on the proposed
development, or on natural features such as wetlands, steep slopes or existing mature trees. In
approving an adjustment to the standards, the Director shall determine that the potential adverse
impacts exceed the public benefits of strict application of the standards.
FINDING: Allowing the public sidewalk improvements to be placed in easements provides enough
square footage for the property to be divided into three parcels, and setbacks would 6e
measured from the interior side of the easement boundary instead of the property line. If
setbacks were measured from the property line, the required 20-foot garage setback could
cause vehicles to obstruct pedestrians walking on the sidewalk. Therefore, the applicant
will be required to measure setbacks from the interior side of the easement boundary,
rather than from the property line. Based on the imposed condition, there will be no
foreseeable adverse impacts from this adJ'ustment. Property owners will be required to
maintain sidewalks and planter strips and full public access will be insured. There are no
natural features (wetlands, steep slopes, existing mature trees) associated with the subject
property.
The adjustment to allow the public sidewalk improvements to be placed in easements
was approved under case number VAR2003-000'f 8 with an effective date of June 6, 2003.
CONDITION: All structure setbacks including arages shall be measured from the interior edge of the
pedestrian sidewalk easement ra�her}han the property line.
NOTICE OF DECISION MLP2005-000091MITCHELL-GALICH PARTITION PAGE 7 OF 20
Access, Eqress and Circulation (18.705):
Continuing obligation of property owner. The provisions and maintenance of access and e ress
stipulated in this title are continuing requirements for the use of any structure or parcel o� real
property in the City.
The standards of this chapter will be a continuing obligation on the owners of these parcels.
Section 18.705.030.H.1 states that an access report shall be submitted with all new development
proposals which verifies design of driveways and streets are safe by meeting adequate stacking
needs, sight distance and deceleration standards as set by ODOT, Washingfon County, the City
and AASHTO.
The proposed driveways are located on local streets and the City's policy has been that sight distance
certification for a sin�le parcel is not required. If two or more parcels are sharing access, then sight
distance certification is required.
Section 18.705.030.H.2 states that drivewa�rs shall not be permitted to be Qlaced in the influence
area of collector or arterial street intersections. Influence area of intersections is that area where
queues of traffic commonly form on approach to an intersection. The minimum driveway setback
from a collector or arterial street intersection shall be 150 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
report submitted by the applicant's traffic engineer. In a case where a project has less than 150
feet of street frontage, the applicant must explore any option for shared access with the adjacent
parcel. If shared access is not possible or practical, the driveway shall be placed as far from the
intersection as possible.
Both Murdock Street and 103�d Avenue are local streets; therefore this criterion does not apply.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways and streets along a
collector shall be 200 feet. The minimum spacing of driveways and streets along an arterial shall
be 600 feet. The minimum spacing of local streets along a local street shall be 125 feet.
Both Murdock Street and 103�d Avenue are local streets; therefore this criterion does not apply.
Joint Access. Owners of two or more uses, structures, or parcels of land may agree to utilize
jointly the same access and egress when the combined access and egress of both uses,
structures, or parcels of land satisfies the combined requirements as designated in this title,
provided: Satisfactory legal evidence shall be presented in the form of deeds, easements, leases
or contracts to establish the joint use; and copies of the deeds, easements, leases or contracts
are placed on permanent file with the City.
No joint access is proposed; therefore this standard does not apply.
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.
Proposed Parcels #1 and #3 have direct access to SW Murdock Street and Parcel #2 has direct access
to SW 103�d Avenue. Both are public streets, therefore this standard is met.
Minimum access requirements for residential use. Private residential access drives shall be
provided and maintained in accordance with the provisions of the Uniform Fire Code.
Each parcel will have a standard driveway. The slope of all three driveways will be less than the 3.5%
slope of the parcel. Parcel #1 will retain the existing driveway which will extend 34.4 feet from the revised
right of way line for Murdock Street. Parcel 2 will have direct access to SW 103�d Avenue and Parcel 3
will have direct access to SW Murdock Street. Therefore, this standard is met.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 8 OF 20
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%.
Proposed access drives are less than 50 feet; 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.
SW Murdock Street and SW 103rd Avenue are local streets serving a low density residential
neighborhood. There are no specific reasons to restrict access or require �oint access for the proposed
parcels. Therefore, this standard does not apply.
FINDING: Based on the analysis above, the standards of the Access Management chapter (18.705)
have been satisfied.
Densitv Computations f 18.7151:
A. Definition of net development area. Net development area, in acres, shall be determined
by subtracting the following land area(s) from the gross acres, which is all of the land
included in the legal description of the property to be developed:
1. All sensitive land areas
2. All land dedicated to the public for park purposes;
3. All land dedicated for public rights-of-way.
4. All land proposed for private streets; and
5. A lot of at least the size required by the applicable base zoning district, if an existing
dwelling is to remain on the site.
B. Calculating maximum number of residential units. To calculate the maximum number of
residential units per net acre, divide the number of s uare feet in the net acres by the
minimum number of square feet required for each lot in�he applicable zoning district.
C. Calculating minimum number of residential units. As required by Section 18.510.040, the
minimum number of residential units per net acre shall be calculated b multiplying the
maximum number of units determined in Subsection B above by 80% (0.8�
The subject .73-acre parcel totals 31,980 square feet. There are no sensitive land areas or private
streets within the subject proposal. To determine the net develo able area, the square footage to
accommodate the existing house on Parcel #1 �10,000 square feet�and the Murdock Street and 103�a
Avenue right of way dedications �1,980 square eet) are deducted rom the total (31,980 gross square
feet — 11,980 square feet deductions = 20,000 net developable square feet). As the minimum lot size
for the R-3.5 zone is 10,000 square feet, the maximum number of additional lots is two. The minimum
number of additional lots is one. The proposed partition creates t�ee (3) separate lots in
conformance wit�h the density requirements.
FINDING: Based on the analysis above, the Density Computation Standards have been met.
Landscapinq and Screeninq (18.745):
Street trees: Section 18.745.040
Section 18.745.040.A.: All development projects fronting on a public street, private street or a
private driveway more than 100 feet in length approved after the adoption of this title shall be
required to plant street trees in accordance with the standards in Section 18.745.040C.
NOTICE OF DECISION MLP2005-00009IMITCHELL-GALICH PARTITION PAGE 9 OF 20
The proposed project includes frontage on SW Murdock Street and SW 103�d Avenue, both of which are
public streets. According to th� arborist report, the applicanYs proposes street trees, 5 each at 2'/2"
Fraxinus Americana along 103� Avenue and 3 each at 2'/z " Qurecua rubra along Murdock spaced at 30
feet with none located within 30 feet of the intersection. These species are included on the City of Tigard
Street Tree List. The proposed street trees meet the standard. The proposed trees shall be planted in
accordance with the standards for size and spacing in this title, under Section 18.745.040.C.
Bufferin� and Screening Requirements: Section 18.745.050.5
It is the intent that these requirements shall provide for privacy and protection and reduce or
eliminate the adverse impact of visual or noise pollution at a development site, without unduly
interfering with the view from neighboring properties or jeopardizing the safety of pedestrians
and vehicle.
The proposed minor land partition is located within a single-family R-3.5 zone. Adjacent properties are
also zone R-3.5. It is not expected that any adverse visual or noise impacts would be associated with the
proposed use, once partitioned. Therefore, no buffering or screening is required.
Tree Removal (18.790):
ree p an o�r 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 preferred over removal wherever possible.
The applicant has submitted a tree assessment and protection plan dated March 28, 2005, prepared by
certified arborist, Raymond Myer. The City Forester has reviewed the arborist report and found the
report contains the required components and is therefore acceptable. The arborist's report indicates that
there are a total of 21 trees within the site and 12 which are greater than 12-inch diameter. Two (2) trees
greater than 12" DBH would be removed to allow development of Parcels 2 and 3. Since this represents
an 83% retention of the large trees, no mitigation is required.
The City Forester, however, notes that no building permits for the proposed Parcels #2 and #3 should be
issued until the City Arborist can verify that protection measures have been installed according to the
required tree protection plan.
The City Foresters Comments include the following:
TREE PROTECTION PLAN REQUIREMENTS
The full text of these following requirements shall be placed on the tree protection plan:
Any tree fhat will nof be removed ons�te that is within the limits of disturbance of this project must be
protected. Any tree that is located on property adjacent to the construction project that wdl have more
than 15% of its root system disturbed by construction activities shall also be protecfed.
Prior to construction, a Tree Protection Plan shall be included wifh fhe proposed construction drawings
conforming to the lnternational Society of Arboriculture (ISA) guidelines for revrew and approval by the
City Forester. All tree protection devices, along with their details and specifications, shal! be shown on
the Tree Protection Plan. This plan shall also include the building footprints shown in relation to the
trees being preserved. Any tree that w�ll not be removed onsite that is with�n the l�mits of disturbance of
this prol'ect must be protected. Any tree thaf is located on property adjacent fo the construction project
that will have more fhan 15% of its root system disturbed by construct�on activities shall also be
protected.
Prior to construction, the applicant shall submit a detailed construction schedule to the City Forester with
notations as to when tree profection devices will be either installed or removed throughout construction
of the project.
A note shall be placed on the final set of plans indicating fhat equipment, vehicles, machinery, grading,
dumping, storage, bur�al of debris, or any other construct�on-related activities shall not be located insrde
of any tree protection zone or outside of the limits of disturbance where other trees are being protected.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 10 OF 20
All tree protecfion devices shall be:
• Visible.
• Construcfed of 11 Gauge stee!chain-link fencing supported on at least 2" O.D. steel posts. Each
posf shall be no less than four feet high from the top of grade. Each post shall be driven into the
ground to a depth of no /ess than fwo and a half feet below grade. Each posf shall be spaced no
further apart than four feet.
• Between each post, securely attached to the chain-link fencing, shal! be a sign indicating that the
area behind the fencing is protected and no construction activity, including material storage, may
occur behind the fencing.
• Inspected and approved rn the field by fhe project arborist and City Forester prior to clearing,
grading, or the beginning of construction.
• Rema�n in place and mamtained unfil all construction is completed and a final inspection is
conducted.
To determine the size of the tree protection zone (TPZ) the project arborist should follow the guidelines
listed below:
• For individual trees follow fhe trunk diameter method. For every one-inch of diameter at breast
height (DBH), or 4 % feet above the ground, allow 12 inches of space from fhe trunk of the free.
For example, a tree that is 15"at DBH musf have at least 15'of tree profection zone around the
entire canopy of the tree.
• For groups of trees the tree protection zone must be outside of the drip line of the frees on the
edge of the stand. If there are conifers with narrow crowns on the edge of the stand follow the
trunk diameter method or the drip line method, whichever is greater.
• Calculate and follow the Op fimal Tree Protection Zone calculation as shown in "Trees and
Development: A Technica! Guide to Preservation of Trees During Land Development" by Nelda
Matheny and James R. Clark.
• The project arborist may propose an alternate method for fhe establishment of the TPZ, provided
the effort is coordinated with the C�ty Forester.
If it is necessary to enter the tree protection zone at any time with equipmenf (trucks, bulldozers, etc.) the
project arborist and City Forester must be notified before any enfry occurs. gefore entering the TPZ, the
pro�ect arborist and City Forester shall determine the method by which entry can occur, along wifh any
addit�onal tree protection measures.
The Project Arborist shall submit written reports to the Cify Forester, at least, once every two weeks, as
he monifors the construction activities and progress. These reports should include any changes that
occurred to the TPZ as well as the condition and location of the tree protection fencing. !f the amount of
TPZ was reduced then the Project Arborist shall justify why the fencing was moved, and shall certify that
the construction activities to the trees did not adversely �mpact fhe overall and long-term health and
stability of the tree(s). If the reports are not submitted or received by the Cify Forester at the scheduled
intervals, and if if appears the TPZ's or fhe Tree Protecfion Plan is not bemg followed by fhe confractor,
the City will stop work on the projecf until an insp ection can be done by the City Forester and the Project
Arborist. This inspection will be to evaluate the tree protection fencing, determine rf the fencing was
moved at any point during construcfion, and determine if any part of the Tree Protection Plan has been
violated. If a vrolation has occurred, one or more of the following penalties will be pursued through the
infraction process.
Notwithstanding any other provision of this title, any party found to be in violation of this chapter pursuant
to Chapter 1.16 of the Tigard Munrcipal Code shall be subject fo a civil penalty of up to $500 and sha11 be
required to remedy any damage caused by the violation. Such remediation shall include, but not be
lim�ted to, the following:
A. Replacement of unlawfully removed or damaged trees in accordance with Section 18.790.060 (D)
of the Tigard Development Code; and
B. Payment of an additional civil penalty representing the esfimafed value of any unlawfully removed
or damaged tree, as determined usrng the most current Internationa! Socrety of Arboriculture's
Guide for Plant Appraisal.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 11 OF 20
Prior to issuance of building permits, the Project Arborist shal! submit a final certificafion indicating the
elements of the Tree Protection Plan were followed and that all remaining frees on the site are healthy,
stable and viable in their modified growing environmenf.
Section 18.790.040 states that any tree preserved or retained in accordance with this section may
thereafter be removed only for the reasons set out in a tree plan, in accordance with Section
18.790.030, or as a condition of approval for a conditional use, and shall not be subject to
removal under any other section of this chapter. The property owner shall record a deed
restriction as a condition of approval of any development permit affected by this section to the
effect that such tree may be removed only if the tree dies or is hazardous according to a certified
arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in
accordance with this section should either die or be removed as a hazardous tree. The form of
this deed restriction shall be subject to approval by the Director.
The applicant will be required as a condition of approval to record a deed restriction limiting the removal
of trees that are retained on the project site greater than 12 inches in diameter, in accordance with this
standard.
FINDING: Based on the analysis above, the Tree Removal Standards have not been met. In order
to meet the standard, the applicant shall satisfy the following conditions:
CONDITIONS:
. The applicant shall plant street trees in accordance with the Revised Tree Assessment
prepared by Tree Care & Landscapes Unlimited, Inc. and dated March 28, 2005. The
proposed trees shall be planted in accordance with the standards for size and spacing in
this title, under Section 18.745.040.C.
. Prior to issuance of building permits, the full text of City Forester's tree protection plan
requirements, as identified in the findings for Section 18.790, shall be placed on the tree
protection plan and included in the consfruction drawings.
. Prior to issuance of building permits, the applicant shall ensure all proposed protection
fencing is installed and inspected, and shall remain in place through the duration of
home building. After approval from the City Forester, the tree protection measures may
be removed.
. Prior to issuance of building permits, the applicant shall record a deed restriction for each
lot to the effect that any tree larger than 12 inches in diameter shall not be removed unless
the tree dies or is hazardous according to a certified arborist. The deed restriction may be
removed or will be considered invalid if a tree preserved in accordance with this section
should either die or be removed as a hazardous tree.
. Prior to the issuance of any Certificates of Occu pancy, the applicant shall ensure the
Project Arborist has submit written reports to the Cit�r Forester, at least, once every two
weeks, from initial tree protection zone (TPZ) fencing installation, as he monitors the
construction activities and progress. These reports should include any chan�es that
occurred to the TPZ as welf as the condition and location of the tree protection encing.
If the amount of TPZ was reduced then the Project Arborist shall justify why the fencing
was moved, and shall certify that the construction activities to tfie trees did not
adversely impact the overall and long-term health and stability of the tree(s). If the
reports are not submitted or received by the City Forester at the scheduled intervals,
and if it appears the TPZ's or the Tree Protection Plan is not being followed by the
contractor, the City can stop work on the pro�ect until an inspection can be done by the
City Forester and the Pro�ect Arborist. This inspection will be to evaluate the tree
protection fencing, determine if the fencing was moved at any point during construction,
and determine if any part of the Tree Protection Plan has been violated.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 12 OF 20
Visual Clearance Areas�18.795�:
TF�S 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 heighf. The code provides that
obstructions that may be located in this area shall be visually clear between three (3) and eight
(8) feet in height. 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 t e
corner, 30-feet along the right of way and along the driveway and connecting these two points
with a straight line.
The applicant's site plan does not show the vision �learance triangles for the intersection of the
proposed driveways with SW Murdock Street and 103� Avenue. Therefore, the applicant shall revise
the preliminary plat to include the visual clearance areas, consistent with this standard.
PUBLIC FACILITY CONCERNS
Street And Utilitv Improvements Standards (Section 18.810L
Z ap er . provic es cons ruc ion s an ar s or e implementation of public and private
facilities and utilities such as streets, sewers, and drainage. The applicable standards are
addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets adjacent shall be
improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width planned as a portion
of an existing street shall be dedicated and improved in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a collector street to
have a 35-foot right-of-way width and 23-foot paved section. Other improvements required may
include on-streef parking, sidewalks and bikeways, underground utilities, street lighting, storm
drainage, and street trees.
This site lies ad�'acent to SW Murdock Street and SW 103�d Avenue, which are classified as local streets
on the City of Tigard Transportation Plan Map. At present, there is approximately 20 feet of ROW from
centerline, according to the most recent tax assessor's map. The applicant should dedicate the
additional ROW to provide 27 feet from centerline. Because the minimum lot size requirement of 10,000
square feet and the dedication of 27 feet from centerline would only allow 2 parcels the applicant has
requested an adJ'ustment to allow a portion of the public sidewalk to be within a public easement. Staff
has agreed to this adjustment because the square footage available for the lots is so close to the
minimum required for three parcels. The applicant has agreed to dedicate as much of the ROW as
possible, while retaining 30,000 square feet for the three parcels. The applicant's plans show that ROW
dedication will provide 25 feet from centerline along both frontages. The remaining 2 feet of the 27 feet
will be included in a public sidewalk easement that will be recorded on the plat.
SW 103�d Avenue and Murdock Street are currently partially improved. In order to mitigate the impact
from this development, the applicant shall enter into a restrictive covenant for future street improvements
for both frontages.
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.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 13 OF 20
There is no opportunity or need for street extensions through this development, therefore, this standard
is not applicable.
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 bui(ding sites for the use contemplated,
consideration of needs for convenient access, circulation, control and safety of street traffic and
recognition of limitations and opportunities of topography.
Block Sizes: Section 18.810.040.B.1 states that the perimeter of blocks formed by streets shall
not exceed 1,800 feet measured along the right-of-way line except:
. Where street location is precluded by natural topography, wetlands or other bodies of
water or, pre-existing development or;
. For blocks adjacent to arterial streets, limited access highways, major collectors or
railroads.
. For non-residential blocks in which internal public circulation provides equivalent access.
No new streets are being created with this partition, therefore, this standard is not applicable.
Section 18.810.040.B.2 also states that bicycle and pedestrian connections on public easements
or right-of-ways shall be provided when full street connection is not possible. Spacing between
connections shall be no more than 330 feet, except where �recluded by environmental or
topographical constraints, existing development patterns, or strict adherence to other standards
in the code.
Since no new streets are being proposed, and no connections are required. Therefore this standard is
not applicable.
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from bein� more than 2.5 times
the average lot width, unless the parcel is less than 1.5 times the minimum lot size of the
applicable zoning district.
The lot widths for the three parcels are 74 feet (Parcel 1), 67 feet (Parcel 2), and 69 feet (Parcel 3)
respectively. Lot depths for the three parcels are 137 feet (Parcel 1), 140 feef (Parcel 2), and 140 feet
(Parcel 3). The lot depths are consistent with this standard.
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of frontage on public
or private streets, other than an alley. In the case of a land partition, 18.420.050.A.4.c applies,
which requires a parcel to either have a minimum 15-foot frontage or a minimum 15-foot wide
recorded access easement. In cases where the lot is for an attached single-family dwelling unit,
the frontage shall be at least 15 feet.
As shown in the above analysis for lots, each of the proposed lots in the minor land partition is consistent
with this standard.
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.
Construction of public sidewalks will be included in the restrictive covenant agreements for 103�d Avenue
and Murdock Street, therefore this criterion is met.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each
new development and to connect developments to existing mains in accordance with the
provisions set forth in Design and Construction Standards for Sanitary and Surface Water
Management (as adopted by Clean Water Services in 1996 and including any future revisions or
amendments) and the adopted policies of the comprehensive plan.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 14 OF 20
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 applicanYs plans indicate separate connections for each parcel, thereby meeting this criterion.
Storm Drainage:
General Provisions: Section 18.810.100.A states requires developers to make adequate
provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other
drainage facility shall be large enough to accommodate potential runoff from its entire upstream
drainage area, whether inside or outside the development. The City Engineer shall approve the
necessary size of the facility, based on the provisions of Design and Construction Standards for
Sanitary and Surface Water Management (as adopted by Clean Water Services in 2000 and
including any future revisions or amendments).
There are no upstream drainage ways that impact this site.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the
City Engineer that the additional runoff resulting from the development will overload an existing
draina�e facility, the Director and Engineer shall withhold approval of the development until
provisions have been made for improvement of the potential condition or until provisions have
been made for storage of additional runoff caused by the development in accordance with the
Design and Construction Standards for Sanitary and Surface Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or amendments).
In 1997, Clean Water Services (CWS) completed a basin study of Fanno Creek and adopted the Fanno
Creek Watershed Management Plan. Section V of that plan includes a recommendation that local
governments institute a stormwater detention/effective impervious area reduction program resulting in no
net increase in storm peak flows up to the 25-year event. The City will require that all new developments
resulting in an increase of impervious surfaces provide onsite detention facilities, unless the
development is located adjacent to Fanno Creek. For those developments adjacent to Fanno Creek, the
storm water runoff will be permitted to discharge without detention.
Detention is not typically required for a minor land partition. However, the applicant has not submitted
plans and calculations prepared by a licensed civil engineer for review and approval. The applicant is
proposin� to discharge runoff from this development to a roadside ditch or extend the public sewer line
from 100 Avenue and Murdock to this site.
Prior to PFI approval, the applicant's engineer shall submit stormwater plans and calculations for review
and approval by the Engineering Department. Detention may be required if the engineer determines the
downstream system does not have adequate capacity. If there is adequate capacity downstream, the
applicant will be allowed to pay the fee-in-lieu of constructing an on-site detention system.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments adjoining proposed
bikeways identified on the City's adopted pedestrian/bikeway plan shall include provisions for
the future extension of such bikeways through the dedication of easements or right-of-way.
SW Murdock Street and SW 103rd Avenue are not designated as bicycle facilities; therefore this
standard does not apply.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric,
communication, lighting and cable television services and related facilities shall be placed
underground, except for surface mounted transformers, surFace mounted connection boxes and
meter cabinets which may be placed above ground, temporary utility service facilities during
construction, high capacity electric lines operating at 50,000 volts or above, and:
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 15 OF 20
. The developer shall make all necessary arrangements with the serving utility to provide
the underground services;
. The City reserves the right to approve location of all surface mounted facilities;
. All underground utilities, including sanitary sewers and storm drains installed in streets
by the developer, shall be constructed prior to the surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing the street
improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states that a developer shall
pay a fee in-lieu of under-�rounding costs when the development is proposed to take place on a
street where existing utilities which are not underg round will serve the development and the
approval authority determines that the cost and technical difficulty of under-g rounding the
utilities outweighs the benefit of under-grounding in conjunction with the devefopment. The
determination shall be on a case-by-case basis. The most common, but not the only, such
situation is a short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground utilities facilities. An
applicant for a development which is served by utilities which are not underground and which
are located across a public right-of-way from the applicant's property shall pay a fee in-lieu of
under-grounding.
There are existing overhead utility lines along the frontages of SW 103�d Avenue and Murdock Street. If
the fee in-lieu is proposed, it is equal to $35.00 per lineal foot of street fronta�e that contains the
overhead lines. The fee is calculated for the frontage from which power is obtained. The Murdock
Street frontag� along this site is 225 lineal feet; therefore the fee would be $7,875.00. If power is taken
from the 103' Avenue frontage the fee would be $4,970.00. This fee must be paid prior to final plat
approval.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY IMPROVEMENT
Public Water S stem:
e i y o igar provides water service in this area. The partition site plan shows the installation of
two (2) new water meters for Parcel 2 and Parcel 3. The applicant shall coordinate the purchase of water
meters and service with the Water Department.
Storm Water Qualit :
e iy as agree to enforce Surface Water Management (SWM) regulations established by
Clean Water Services (CWS) Design and Construction Standards (adopted by Resolution and
Order No. 00-7) which require the construction of on-site water quality facilities. The facilities
shall be designed to remove 65 percent of the phosphorus contained in 100 percent of the storm
water runoff generated from newly created impervious surfaces. In addition, a maintenance plan
shall be submitted indicating the frequency and method to be used in keeping the facility
maintained through the year.
The CWS standards include a provision that would exclude small projects such as residential land
partitions. It would be impracticaf to require an on-site water quality facility to accommodate treatment of
the storm water runoff from the parcels. Rather, CWS standards provide that applicants should pay a fee
in-lieu of constructing a facility, if deemed appropriate. 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, clearin�, 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.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 16 OF 20
Address Assi nments:
e i y o igar is responsible for assigning addresses for parcels within the City of Tigard and within
the Urban Service Boundary (USB). An addressing fee in the amount of $50.00 per address shall be
assessed. This fee shall be paid to the City prior to final plat approval.
Surve Re uirements
e app ican s ina p at shall contain State Plane Coordinates [NAD 83 (91 ] on two monuments with a
tie to the City's global positioning system (GPS) geodetic control network ( C 22). These monuments
shall be on the same line and shall be of the same precision as required for the subdivision plat
boundary. Along with the coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north. These coordinates can be
established by:
. GPS tie networked to the City's GPS survey.
. By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be tied to the GPS network. The 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:
Prior to commencing onsite improvements, a Public Facility Improvement (PFI) permit is required for this
project to cover street improvements, utility extensions and laterals and any other work in the public
right-of-way. Six (6) sets of detailed pubfic improvement plans shall be submitted for review to the
En�ineering Department. NOTE: these plans are in addition to any drawings required by the Building
Division and should only include sheets relevant to pu—Gfic 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).
The PFI permit plan submittal shall include the exact legal name, address and telephone number of the
individual or corporate entity who will be designat�s 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 speafy the state within which the entity is incorporated and provide the
name of the corporate contact person. Failure to provide accurate information to the Engineering
Department will delay processing of project documents.
Prior to final plat approval, the applicant shall pay the addressing fee. (STAFF CONTACT: Shirley
Treat, Engineering).
The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the
future improvements of SW Murdock Street adjacent to the sub�ect property, when any of the following
events occur:
A. when the improvements are part of a larger project to be financed or paid for by the formation of a
Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in whole or in part by
the City or other public agency,
C. when the improvements are part of a larger project to be constructed by a third party and involves
the sharing of design and/or construction expenses by the third party owner(s) of property in
addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by the City Engineer in
conjunction with construction of improvements by others adjacent to the subject site.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 17 OF 20
The applicant shall execute a Re�trictive Covenant whereby they agree to complete or participate in the
future improvements of SW 103� Avenue adjacent to the subject property, when any of the following
events occur:
A. when the improvements are part of a larger project to be financed or paid for by the formation of a
Local Improvement District,
B. when the improvements are part of a larger project to be financed or paid for in whole or in part by
the City or other public agency,
C. when the improvements are part of a larger project to be constructed by a third party and involves
the sharing of design and/or construction expenses by the third party owner(s) of property in
addition to the subject property, or
D. when construction of the improvements is deemed to be appropriate by the City Engineer in
conjunction with construction of improvements by others adjacent to the subject site.
Prior to final plat approval, the applicant's design engineer shall submit documentation, for review by the
City (Kim McMillan), of the downstream capacity of any existing storm facility impacted by the proposed
development.
Prior to final plat approval, the applicant's engineer shall submit plans and calculations, for review by the
City (Kim McMillan) for the proposed stormwater disposal to an approved public system.
Prior to final plat approval the applicant shall complete the proposed and approved stormwater
improvements.
The applicant shall either place the existing overhead utility lines along SW Murdock Street underground
as a part of this project, or they shall pay fhe fee in-lieu of under�rounding The fee shall be calculated
by the frontage of the site that is parallel to the utility lines and will be $ 35.00 per lineal foot. If the fee
option is chosen, the amount will be $ 7875.00 and it shall be paid prior to final plat approval.
An erosion control plan shall be provided as part of the Public Facility Improvement (PFI� permit
drawings. The plan shall conform to the "Erosion Prevention and Sediment Control besign and
Planning Manual, February 2003 edition."
The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the City's
global positioning system (GPS) geodetic control network (GC 22). These monuments shall be on the
same line and shall be of the same precision as required for the subdivision plat boundary. Along with
the coordinates, the plat shall contain the scale factor to convert ground measurements to grid
measurements and the angle from north to grid north. These coordinates can be established by:
. GPS tie networked to the City's GPS survey.
. By random traverse using conventional surveying methods.
Final Plat Application Submission Requirements:
A. Submit for City review four (4) paper copies of the final plat prepared by a land surveyor licensed
to practice in Oregon, and necessary data or narrative.
B. Attach a check in the amount of the current final plat review fee (Contact Planning/Engineering
Permit Technicians, at (503) 639-4171, 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 Coudnty, and by the City of Tigard.
D. The right-of-way dedication for Murdock Street and 103 Avenue shall be made on the final plat.
The dedication shall provide for 25 feet from centerline on both streets. In addition, the plat shall
show a 2 foot public sidewalk easement along the frontages of Murdock Street and 103�d Avenue.
E. NOTE: Washington County will not be�in tf�eir review of the final plat until they receive notice
from the Engineerin Department indicating that the City has reviewed the final plat and
submitted comments�o the applicanYs surveyor.
F. After the City and County have reviewed the final plat, submit two mylar copies of the final plat for
City Engineer signature (for partitions), or City Engineer and Community Development Director
signatures (for subdivisions).
Prior to issuance of building permits, the applicant shall provide the Engineering Department with a
"photomylar" copy of the recorded final plat.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 18 OF 20
During issuance of the building permit for Parcels 2 & 3, the applicant shall pay the standard water
quality and water quantity fees per lot (fee amounts will be the latest approved by CWS).
Impact 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 a��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 City standard, and to
minimize the impact of the development on the public at large, public facilities systems, and
affected private property users.
In situations where the Community Development Code requires the dedication of real property
interests, the applicant shall either specifically concur with a requirement for �ublic right-of-way
dedication, or provide evidence that supports that the real property dedication is not roughly
proportional to the projected impacts of the development. Section 18.390.040 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 st�dy. The applicant will be required to provide a guarantee to
improve SW Murdock Street and SW 103� Rvenue. The applicant will be extending sanitary sewer and
storm drainage connections to the two parcels to account for the additional impervious area being added
to the site. Sewer is available at the site and has sufficient capacity to serve the development. Other
impacts to public facilities are offset by the collection of Systems Development Charges (SDC's)
collected at the time of building permit issuance.
The Washin ton County Traffic Impact Fee (TIF) is a mitigation measure that is required at the time of
developmen� Based on a transportation impact study prepared by Mr. David Larson for the A-Boy
Expansion/Dolan II/Resolution 95-61, TIF's are expected to recapture 32 percent of the traffic impact of
new development on the Collector and Arterial Street system. The applicant will be required to pay TIF's
of$2,851 per new dwelling unit.
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 projects traffic impact is $1�,882 (2 units x $2,851
per unit = $5,702 divided by 32 . The difference between the TIF paid, and the full impact, is considered
the unmiti gated impact on the s�reet system. The unmitigated impact of this project on the transportation
system is $12,180 ($17,882 - $5,702). T�e applicant will be required to dedicate additional right-of-way
along SW Murdock Street and SW 103� Avenue of approximately 1,800 square feet. The ap roximate
value of unimproved residentially zoned propert is $3.00 per square foot, for a total value of $p5,400.00.
Since the unmitigated impact remaining is �6,780 ($12,180 - $5,400) the required exaction is
proportionate.
SECTION VI. OTHER STAFF COMMENTS
Cit� of Tigard Public Works Department has reviewed the proposal and noted that the department will
ins all a new water service with meter purchase by owner; refocation of existin� water meter will be
invoiced to the owner; and the water meter for the new service must be located in a landscaped area
only.
City of Tigard Forester has reviewed the proposal and states that the tree plan conducted by Terry
Flanagan contains all of the required componenfs of a tree plan and is, therefore, acceptable.
City of Tigard Building Department has reviewed the proposal and recommends a geotech report if
the slope of the property in the proposed building site exceeds 20% grade.
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 19 OF 20
RESPONSE: The grade over the entire site does not exceed 3.5%. Therefore, a geotech report is not
required.
SECTION VII. AGENCY COMMENTS
Clean Water Services has reviewed the proposal and stated that "based on review of 2002 aerial,
potentially sensitive areas do not appear to exist within 200 feet of the site."
Tualatin Valley Fire and Rescue has reviewed the proposal and offered no comments.
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice: Notice was mailed to:
X The applicant and owners
� Owner of record within the required distance
�— Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON FEBRUARY 1, 2006 AND BECOMES
EFFECTIVE ON FEBRUARY 16, 2006 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, 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 FEBRUARY 15, 2006.
Questions:
If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW
Hall Boulevard, Tigar Oregon at (503 f39-4171.
.- ;
��� February 1, 2006
PREPARED . G ry Pagenstecher DATE
Associate Planner
t�-- Februarv 1, 2006
APPROVED BY: Richard Bew r orff DATE
Planning Manager
i:\curpin\garylminor land partitionlmlp2005-00009(mitchell-galich)\mIp2005-00009 decision.doc
NOTICE OF DECISION MLP2005-00009/MITCHELL-GALICH PARTITION PAGE 20 OF 20
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Community Development Plot date: Nov 30,2005;C:\magicWIAGIC03.APR
_ � EXHIBIT.:�
Michael Mitchell & Patricia Galich MLP2005-00009
10205 SW Murdock Street MITCHELL/GALICH PARTITION
Tigard, OR 97224
Andrew Shelley
14820 SW 103�d Avenue
Tigard, OR 97224
Shelley Cooper
CooperS(c�hlyw.com
� � �_.
� PRE,APP.HELD BY:
CITY OF TIGARD PLANNING DIVISION
13125 SW HALL BOULEVARD TIGARD, OR 97223-8189
503.639.4171/503.684.7297
CITY OF TIGARD
OREGON LAND USE PERMIT APPLICATION
File# � �. �j�S-C:c!�o Other Case # �' k--�"<� — ���u
Date v — By " � - Receipt# ' � Y° City l� Urb ❑ Date Complete l /�
TYPE OF PERMIT YOU ARE APPLYING FOR
❑ AdjustmenUVariance (I or II) �Minor Land Partition (II) ❑Zone Change (III)
❑ Comprehensive Plan Amendment (IV) ❑ Planned Development {III) ❑Zone Change Annexation (IV)
❑ Conditional Use (III) ❑ Sensitive Lands Review(I, II or III} ❑Zone Ordinance Amendment (IV)
❑ Historic Overlay (II or III) ❑ Site Development Review (II)
❑ Home Occupation (il) ❑ Subdivision (II or III)
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*When the owner and the applicant are different people, the applicant must be purchaser of record or a lessee in
possession witfi 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 spea ic
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APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS A5
DESCRIBED IN THE "BASIC SUBMITTAL REQUIREMENTS" INFORMATION SHEET.
1�
THE APPLICANT SHALL CERI irY THAT: �
♦ If the application is granted, the applicant shall exercise the rights granted in accordance with the
terms and subject to all the conditions and limitations of the approval.
♦ All the above statements and the statements in the plot plan, attachments, and exhibits
transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based
on this application, map be revoked if it is found that any such statements are false.
♦ The applicant has read the entire contents of the application, including the policies and criteria,
and understands the requirements for approving or denying the application(s).
SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
� z d�
� �-��� i �
ner's Signatur� Date
`� �{��� �
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Owner's Signature Date
Applicant/Agent/Representative's Signature Date
Applicant/AgentlRepresentative's Signature Date
. -�:::�-�
� �
� �
� CITY Of TIOARD
Continu�iity l�e�veCopme�nt
S(:aping�Better�ommunity
LAND USE PROPOSAL DESCRIPTION
120 DAYS = 3/18/2006
FILE NO.: MINOR LAND PARTITION (MLP) 2005-00009
FILE TITLE: MITCHELLIGALICH PARTITION
APPLICANT: Michael Mitchell and Patricia Galich OWNER: Same
10205 SW Murdock Street
Tigard, OR 97224
REQUEST: The applicant is requesting approval for a Minor Land Partition to partition one (1)
existing .73-acre lot into three (3) parcels for detached single-family residences. A
single-family dwelling exists on the subject parcel and is proposed to remain on
proposed parcel #1.
LOCATION: 10205 SW Murdock Street; WCTM 2S111 BC, Tax Lot 02500.
COMP. PLAN
DESIGNATION: Low-Density Residential District.
ZONE: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square.feet. Duplexes and attached single-family
units are permitted conditionally. Some civic and institutional uses are also permitted
conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.390, 18.420, 18.510, 18.705, 18.715,
18.745, 18.765, 18.790, 18.795 and 18.810.
DECISION MAKING BODY BELOW: ❑ TYPE I � TYPE II ❑ TYPE III ❑ TYPE IV
DATE COMMENTS WERE SENT: NOVEMBER 30, 2005 DATE COMMENTS ARE DUE: DECEMBER 14, 2005
❑HEARINGS OFFICER [MONJ DATE OF HEARING: TIME: 7:00 PM
❑PLANNING COMMISSION [MONJ DATE OF HEARING: TIME: 7:00 PM
❑CITY COUNCIL RUES.] DATE OF HEARING: TIME: 7:30PM
� STAFF DECISION RENTATIVEI DATE OF DECISION: DECEMBER 29, 2005
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION 1�
� VICINITY MAP � PARTITION PLAT � TREE PLAN
� SITE PLAN � CWS LETTER � IMPACT STUDY
� NARRATIVE ❑ GRADING PLANS � OTHER: ,
STAFF CONTACT: James Richardson, Associate Planner (503) 639-4171, Ext. 2428
�
t •
PUBLIC FACILITY PLAN Project: . .chell MLP
COMPLETENESS CHECKLlST Dafe: 8/10/05
GRADING
❑ Existing and proposed contours shown. Must provide existing topo, City of Tigard
datum
❑ Are there radin im acts on ad�acent arcels? Cannot tell without to 0
❑ Ad'acent arcel rades shown.
❑ Geotech stud submitted? NA
STREETISSUES
� Ri ht-of-wa clearl shown.
� Centerline of street s clearl shown.
� Street name s shown.
� Existin / ro osed curb or ed e of avement shown.
❑ Street rofiles shown. NA
❑ Future Street Plan: Must show street profiles, topo NA
on ad'acent arcel s , etc.
❑ Traffic Im act and/or Access Re ort NA
❑ Street rades com liant? NA
❑ Street/ROW widths dimensioned and appropriate? 7 foot ROW dedication required, not
easement
❑ Private Streets? Less than 6 lots and width NA
a ro riate?
❑ Other: Drivewa s Show ro osed drivewa locations
SANITARY SEWER ISSUES
❑ Existing/proposed lines shown. Show existing public sewer line, existing
lateral and new laterals
❑ Stubs to adjacent parcels required/shown? Musf extend public sewer to parcel to the
north 14700 SW 103'd Avenue.
WATER ISSUES
❑ Existin / ro osed lines w/sizes noted? Show ublic water line
❑ Existing/proposed fire hydrants shown? Show existing hydrants. Show proposed
h drants, if re uired b Fire De artment
❑ Pro osed meter location and size shown? Show existin and ro osed meters
❑ Pro osed fire rotection s stem shown?
STORM DRAINAGE AND WATER QUALITY ISSUES
❑ Existing/proposed lines shown? Show existing public storm sewer. Show
laterals for new lots. Show how/ots will
discharge to an approved puhlic system
i e, ditch � �j p
❑ Preliminary sizing calcs for water quality/detention NA
rovided?
❑ Water ualit /detention facilit shown on lans? NA
❑ Area for facilit match re uirements from calcs? NA
❑ Facilit shown outside an wetland buffer? NA
REVISED: 08/10/05
❑ Storm stubs to adjacent parc_ . required/shown? NA
The sub ' I is hereby deemed ❑ COMPLETE � INCOMPLETE
By: Date: 8/10/05
� �.,� q�{ � � r 6 D���T� A-(�t�
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REVISED: 08/10/05
�ND E APPLIC�.. �ON Project: r T � ,� ,�,,
�� Date: 9
COMPLETENESS REVIEW ❑ COMPLETE � INCOMPLETE
STANDARD INFORMATION:
� Deed/Title/Proof Of Ownership NV�� Neighborhood Mtg. A�davits, Minutes, list Of Attendees � Impact Study (18.390)
(,�] USA Service Provider Letter � [onstruction Cost Estimate ❑ # Sets Of Application Materials/Plans
� Pre-Application [onference Notes,- ❑ Envel�pes With Postage (Yerify Count) ���
'�;
PRO�JECT STATISTICS:
�✓�- Building Footprint Size �v14-� %Of Landscaping On Site i►�9--8— %Of Building Impervious Surface On Site
[� Lot Square Footage
PLANS DIMENSIONED�/1/�
❑ Building Footprint ❑ Pd�king SPaCe DlmetlslOnS(Indude Accessible&Bike Parking) ❑ T�uck Loading Space Where Applicable
❑ Building Neight ❑ Access Approach And Aisle ❑ Yisual Clearance Triangle Shown
ADDITIONAL PLANS:
/�� 4icinity Map /✓�--� Architectural Plan � Tree Inventary
�� Existing�onditions Plan �– Landscape Plan
Site Plan �V�.–� lighting Plan
TREE PLAN/MITIGATION PLAN:
�- M ! ls-A� �rrw � (�"�na�%1�.
�Q P rv?� 1•�. �
ADDITIONAL REPORTS: (list any special reports)
❑ ❑
❑ ❑
❑ ❑
RESPONSE TO APPLICABLE CODE SECTIONS:
❑ I H.33O(Condiuonal Use) ❑ �8.62�(figard Tri�ngle�esign Shndards) � I B.�GS(O(f-Street Parking/Loading Requirements)
❑ I H.34O(Director's Interyrztaeon) ❑ I E.63O(YVazhington Square Reg�onal Centa) ❑ I E.I1S(knsiuve I.ands Aeview}
❑ I H.3SO(Pl�nned Development) � 18.705(Acce:s/E�ress�Gra�ation) ❑ 18.780(�gns)
❑ I 8.360�site Development Reriew) ❑ I E.T I O(Accessory Residential Units) ❑ I B.�ES(femporary Use Pemtits)
❑ I 8.3TO(Yariances/Adjustrnents) Q I 8.l I S(Densiry Computaeons) � I H.�9O(Tree Removaq
❑ I 8.3HO(Zoning Map/Text Amendmenb) ❑ �8.7�0(Design Compau6ilih Standards) � I$.T9S(Yuual qearance Areu)
� I H.3 SS(Miscell�neous Permits) ❑ �8.1�5(Environmental Perfomuna Shndards) ❑ I H.�I�(Wacer Resources(WR)Orerlay Duoict)
I A.39O(Decision Making Procedures/Impact Smdy) ' ❑ I B.�3O(Excepbons To Development Standards) ❑ I A.�98�reless Comiwninuon Fadli6es)
❑ I 8.4 I O(Lot Line Adjusunents) ❑ I H.�4O(Hisroric Oveday) � I H.E I O(fveet&UtiGry Improvement Standards)
Q �$.420(land Putioons) ❑ I H.142(Home Ocapation Pemtits)
❑ I 8.430(Subdinsians) �I I H.�qS(Landscaping b Saeening Smndards)
� I 8.S I O(Residenual ioning Districts) ❑ I H.�SO(Manufachired/Mobil Home Regulations)
❑ I E.SZO((ommera�l Zoning Distric�) ❑ I 8.155�nized Solid Wute/Recycling ftwage)
❑ I E.S3O(Industri�l 2o�ing Districb) ❑ I H.�6O(Nonconforming Sima6ons)
ADDITIONAL ITEMS:
I:\curpinUnasters\revised\land use application completeness review.dot REVISED: 17-Jan-01
, ._�;..�
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CITY OF TIGARD
September 15, 2005
OREGON
Michael Mitchell and Patricia Galich
10205 SW Murdock Street
Tigard, OR 97224
RE: Application Completeness Review for Mitchell Minor Land Partition,
MLP2005-00009
Dear Mr. Mitchell and Ms. Galich:
The City of Tigard received your application for a minor land partition for the
property located at 10205 SW Murdock Street on tax lot 2S111 BC-02500. The
proposal is to partition the approximately 0.73-acre site into three parcels.
Staff has completed a preliminary review of the submittal materials and has
determined that the following additional information is necessary before the
application can be deemed complete:
1. Public Facilities Plan Completeness Checklist. Please address the items
identified on the enclosed Public Facilities Plan Completeness Checklist. Any
concerns or questions associated with these items should be addressed to
Kim McMillan at 503-718-2642.
2. Envelopes with qostage. Please supply two sets of pre-addressed (no return
address), stamped (not metered), #10 size envelopes for notice of
development review and subsequent notice of decision. Addresses must
have been obtained from the City the previous three months from the date of
application completeness. Contact Patty Lunsford, Planning Secretary, 503-
718-2438.
3. Number of Aqplication Copies. After satisfying the above concerns, please
submit 10 full sets of your application materials (each set shall be bound and
an exact duplicate of all information pertaining to the application, narrative,
forms, letters, studies, plans, etc.) and 7 reduced copies (81/2 x 11 inches if
legible) of the preliminary partition plat.
Once this additional information is submitted, your application will be complete
and the formal comment and review process will begin, which typically takes 5 to
6 weeks. It should be noted that staff has not reviewed the application submittal
13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503)684-2772
for compliance with the relevant code criteria, and that the need for additional
items may arise during the application review process.
If you have any questions regarding this letter or your application, please don't
hesitate to contact me at 503-718-2434.
Sincerely,
;
�`� Q
�J
Gary Pagenstecher
Associate Planner
Enclosure: Public Facilities Checklist
C: MLP2005-00009 Land Use File
2
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CITY OF TIGARD
November 18, 2005 OREGON
Michael Mitchell and Patricia Galich
10205 SW Murdock Street
Tigard, OR 97224
RE: Application Completeness Review for Mitchell Minor Land Partition,
MLP2005-00009
Dear Mr. Mitchell and Ms. Galich:
The City of Tigard has received your application for a minor land partition for the
property located at 10205 SW Murdock Street on tax lot 2S111 BC-02500. The
proposal is to partition the approximately 0.73-acre site into three parcels.
Staff has completed a preliminary review of the submittal materials and has
determined that the application is now complete. The formal comment and review
process will begin, which typically takes 5 to 6 weeks. It should be noted that
staff has not reviewed the application submittal for compliance with the relevant
code criteria, and that the need for additional items may arise during the
application review process.
If you have any questions regarding this letter or your application, please feel
free to contact me at 503-718-2428.
Sincerely,
V G�YY(-Q�� � L�d�D'l�t�
James Richardson
Associate Planner
C: MLP2005-00009 Land Use File
13125 SW Hall Blvd., Tigard, OR 97223 (503)fi39-4171 TDD (503)684-2772
1
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MITCHELL PARTITION
Wednesday,November 16,2005
10205 S.W. MURDOCK ST.
TIGARD, OREGON 97224
PHONE: (503) 598-0686
.
�
GENERAL INFORMATION
APPLICANT/OWNER: Michael Mitchell & Patricia Galich
10205 S.W. Murdock St.
Tigard, OR 97224
SURVEYING FIRM: Centerline Concepts
PROPERTY ADDRESS: 10205 S.W. Murdock St.
Tigard, OR 97224
TAX LOT: 2S111BC-02500
LOT SIZE: .73 Acres
CURRENT ZONING: R3.5
PRE-APPLICATION MEETING: 2/8/OS
SITE DESCRIPTION:
The site is located on a corner lot at the intersection of S.W. Murdock St. and S.W. 103`a
Avenue. An existing house is present on the site. The site has a number of substantial
existing trees and slopes very gently to the west and south.
Sanitary sewer service is being provided as part of the Murdock Reimbursement district;
three laterals are currently in place and connected along Murdock St. at the
reimbursement district's terminus. The existing house was connected to city sewer on
July, O5, 2005, after inspection under Tigard Building Permit Number mst2004-00259.
An existing water meter, stubbed from a water line in Murdock street services the
existing house. Storm water from the site cunently drains west and south down Murdock
street.
PROPOSAL
Applicants aze requesting approval to perform a three lot partition on a parcel of land
containing approximately .73 acres. This partition will create three equal lots all of
10,000 square feet.
The following discussion addresses the chapters of the City of Tigard Development Code
that were determined to be relevant to this Type II application during a pre-application
meeting held with the city of Tigard on 2/8/O5.
Chapter 18.390 Decision-Making Procedure
18.390.040 Type II Procedure
A. Pre-application conference.
A pre-application conference was held on 2/8/O5.
Chapter 18.420 Land Partitions
18.420.050 Approval Criteria
A. �proval Criteria
1. This application complies with all known statutory and ordinance requirements
and regulations.
2. There aze adequate public facilities to serve the proposal. Sanitary sewer service
for Parcels 1, 2 and 3 will be provided by connecting laterals installed as part of
the Murdock sewer reimbursement district to that project's sanitary sewer main
on S.W. Murdock St. Water service for the proposed parcels will be provided by
tapping into the existing water main in Murdock Street. Storm water for the
proposed Parcels 2 and 3 will be provided by gutters being piped into a ditch to be
created in front af Parcel 1 and extending into the sanitary sewer and storm
easement on Parcel 3. The applicant is choosing to pay a"fee-in-lieu" of
undergrounding the overhead power lines fronting the property on Murdock St.
3.
a. The parcels created with this partition meet the lot width requirements of
the R-3.5 zone.
b. The parcels created with this partition meet the minimum lot area
requirements.
c. The parcels created with this partition front public streets with more than
the minimum 15 feet.
d. The parcels created with this partition meet the required front, rear, and
side yard setbacks for this zone.
e. There are no flag lots proposed with this application.
f. There is no paved access way within 10 feet of a property line.
g. There are no access ways that would have a detrimental effect on fire
fighting capabilities.
h. The proposed driveway for Parcels l, 2 and 3 will comply with City of
Tigard standards.
i. This project is not located in or adjacent to a 100 year flood plain.
j. This application is not proposed any variances or adjustments with the
exception of the Variance 2003-00018, Mitchell Sidewalk Adjustment
approved 8/14/2004. The VAR proposed an adjustment to street
improvement requirements of Chapter 18.810 placing a portion of future
sidewalks in easements during the partitioning. Review found that"strict
application of the standards will result in an unacceptabiy adverse impact
on existing development..." A copy of Variance 2003-00018 is attached
to this application.
18.420.060 Final Plat Submission Requirements
The requirements of this section wi11 be met when the final plat is submitted to the City.
18.420.070 Ciry Acceptance of Dedicated Land
See Mitchell sidewalk variance referenced above.
18.420.080 Recording Partition Plats
The requirements of this section will be met when the final plat is submitted to the City.
Chapter 18.510 Residential Zoning Districts
18.510.020 List of Zoning Districts
E. R-3.S: Low-Density Residential District
This application is for the development of three parcels. Parcel 1 will be 10,000 square
feet and will be all of the applicable requirements of the R-3.5 zone. Parcel2 will be
l 0,000 and will meet the requirements of the R-3.5 zone. Parcel3 will be 10,000 and will
meet the requirements of the R-3.5 zone.
A. �nes o,f uses.
All of the uses proposed with this application are permitted.
18.510.040 Minimum and Maximum Densities
The minimum/maximum density allowed for this property under the current zoning rules
and in light of Variance 2003-00018 is three units. 'This application is proposing to
partition the property into three parcels. Therefore, this application meets the
requirements of this section.
Chapter 18 705 Access/Egress/Circulation
I8.705.030 General Provisions
B. Access Plan Rec�uirements.
This application includes Preliminary Development plans(Partition Plat no. 1998-167,
Centerline Concepts, Inc.)that show the access to the proposed�arcels. Parcel3 will
access on S.W. Murdock Street; Parcel 2 will access S. W. 103` Avenue.
D. Public Street Access.
Parcels 1 and 3 front public street S.W. Murdock Street. Parcel2 fronts public street S.
W. 103`d Avenue.
E. Curb Cuts.
Neither S. W. Murdock or S. W. 103`d presently have curbs, therefore, this section is not
applicable.
F. Re�uired Walkway Locution
Applicants aze not proposing any public street improvements. (see attached Mitchell
sidewalk variance).
G. Inadequate or Hazardous Access.
This development does not propose any accesses that would be hazardous, provide
inadequate access for emergency vehicles, or cause a hazardous condition.
This development does not propose any access to arterial or collector streets.
H. Minimum Access Reguirements for Residential Use.
This development proposes separate accesses for each parcel. The accesses will have a
minimum 10 foot wide paved access.
Chapter 18.71 S Density Computations
18.715.020 Density Calculation
B. Calculatin�Maximum Number of Residential Units,
The maximum number of residential units is calculated as follows: 31,755 square
feet/10,000 squaze feet= 3.1775 units. Therefore, a maximum of three units are allowed
on this property. (See Variance 2003-00018 relating to a variance on deduction for
sidewalks.)
Chapter 18.745, 18.765 and 18.705 Landscaping
Please see attached Revised Tree Assessment dated Mazch 28,2005 from certified
arborist Raymond Myer of Tree Care and Landscapes Unlimited, Inc. Proposed partition
will adhere to a11 required tree retention and additional planting. Considerable
landscaping has been accomplished both on the eacisting Parcel 1 and proposed Parcels 2
and 3 including planting 6 trees over the last few years. One Diseased tree was removed
at the direction of the azborist.
Chapter 18.765.070 Minimum and Maximum Off-Street Parking Requirements
The proposed pazcels will have at least one off-street pazking space per the requirements
of Table 18.765.15 of the City of Tigard Development Code.
✓
Chapter 18.790 Tree Removal
18.790.030 Tree Plan Requirement
18.790.060.E Mitigation
A. Tree Plan Required.
A tree plan is attached with the preliminary development plans. The tree plan has been
made in conjunction with a certified arborist.
B. Plan Re�uirements.
The tree plan contains all of the required items from this section. The City of Tigard does
not require mitigation for tree removal, as long as 75%of the trees over 12 inches in
diameter are to be retained. This proposal is removing one tree over 12 inches in
diameter; therefore,tree mitigation is not required.
Chapter 18.795 Visual Clearance Areas
l8 795.040 Computations
B. Non Arterial Streets.
The visual clearance requirements for the proposed driveway are met,as shown by the
visual clearance diagram shown on the Preliminary Development Plans.
Chapter I8.810 Street and Utility Improvement Standards
18.81 D.030 Streets
A. Improvements.
The applicant chooses to enter into a Restrictive Covenant for future improvements to
S.W. 103rd Avenue and S.W. Murdock Streets. Therefore,this application does not
propose any street improvements.
Chapter 18.810.090 Sanitary
The development proposes connecting sanitary sewer laterals to existing tees recently
installed as part of the Murdock Sewer Reimbursement District.
Chapter 18.810.100 Storm Drainage
Storm drains do not exist in the immediate vicinity. Additional runoff created by this
development will be negligible, and it is not anticipated that any existing downstream
drainage facility will be overloaded.
This application proposes to discharge the storm water from Parcels 2 and 3 to a ditch to
be constructed in the public right-of-way along the frontage of Murdock Street. The
ditch will be extended to the existing ditch further to the east. As an alternative a public
storm line will be extended to the development from Murdock and 100th Avenue.
Engineered storm water plans will be submitted for approval with the PFI (Public
Facilities lmprovement)application.
R & O 96-44/USA Regulations—Chapter 3 Cleanwater Services (CWS) Buffer
Standards
CWS Service Provider Letter is attached to this application.
Chapter 18.810.120 Utilities
Water services will be provided to additional Parcel3 by tapping into existing water main
in S.W. Murdock Street. Water services will be provided to Parcel2 by tapping into
existing water main in S.W. 103`d Avenue. The applicant is choosing the "fee-in-lieu"
option, instead of undergrounding the existing overhead utilities fronting S.W. 103rd
Avenue and S.W. Murdock Street.
IMPACTSTUDY
PROJECT.� MITCHELL PARTITION
TRANSPORTATIDN SYSTEM:
This development fronts S.W. Murdock Street to the West and S.W. 103`d Avenue to the
North. Both are 20 foot +/-wide paved streets that do not have curb, gutter or sidewalks.
S.W. Murdock Street is classified as a Local Residential Street; S.W. 103`d Avenue is
classified as a Local Residential Street.
Storm water generated from the property currently flows down both S.W. Murdock Street
and S.W. 103`d Avenue, the property being at the top of the hill.
The applicant is choosing to enter into a Restrictive Covenant for future improvements
for both S.W. Murdock Street and S.W. 103`a Avenue.
The access to proposed Parcel 3 and the existing house (Parcel 1) is on S.W. Murdock
Street; the access to proposed Parcel2 is on S.W. 103`d Avenue.
DRAINAGE SYSTEM:
This application proposes to discharge the storm water from Parcels 2 and 3 to a ditch to
be constructed in the public right-of-way along the frontage of Murdock Street. The
ditch will be extended to the existing ditch further to the east. As an alternative a public
storm line will be extended to the development trom Murdock and 100th Avenue.
Engineered storm water plans will be submitted for approval with the PFI application.
The applicant is choosing to pay a fee-in-lieu of($210 for every 2640 square feet of
created impervious azea)to meet C1eanWater Services water quality requirements. 1'his
development will create approximately 4000 square feet?Of new impervious area($420)
by creating two additional buildable lots(Parcels 2 and 3).
WATER SYSTEM:
There is currently water service at the existing house that will remain on Parcel 1. This
development will add one additional water service to Parcel 2 and one additional water
service to Parcel3. The water services will tap into existing water mains located in both
S.W. Murdock Street and S.W. 103`d Avenue.
SEWER SYSTEM:
The existing house abandoned its septic system hooking into sanitary sewer provided as
part of the Murdock Reimbursement District. Sanitary sewer service for Parcel2 and
Parcel 3 will be provided attaching to two existing sanitary laterals installed during the
Murdock Sanitary Sewer Reimbwsement construction. These sanitary laterals are
located on S.W. Murdock Street.
NOISE IMPACTS:
This proposed development is a residential partition which will create two additional
residential parcels and should not generate any extraordinary noise impacts to the
surrounding neighborhood.
TREE IMPACTS:
Over the last few yeazs, owners Michael and Patricia have accomplished considerable
landscaping planting 6 new trees, numerous shrubs and ground cover both on the existing
home's landscape and the field that will be partitioned in to Parcels 2 and 3. They have
every intention to continue these efforts and will take great pride in the replacement and
extension of trees and landscaping on the additional parcels following Tigard's guidance
and in consultation with the certified arborists, Tree Care and Landscapes Unlimited; the
goal being to end with a unified landscaping on all three parcels.
r
NOTICE OF TYPE II DECISION
VARIANCE (VAR) 2003-00018
MITCHELL SIDEWALK ADJUSTMENT CommuniOF�G ARD
ty Copmellt
Sfrapingtl BetterC'ommuni
120 DAYS = 8/14/2003
SECTION I. APPLICATION SUMMARY
FILE NAME: MITCHELL SIDEWALK ADJUSTMENT
CASE NO: Adjustment (VAR) VAR2003-00018
PROPOSAL: The applicant is requesting approval to adjust the street improvement
requirements of Chapter 18.810 in order to place future sidewalks in
easements during the partitioning of the subject property.
APPLICANT!
OWNER: Michael W. Mitchell
10205 SW Murdock Street
Tigard, OR 97223
LOCATION: 10205 SW Murdock Street; WCTM 2S111 BC, Tax Lot 02500.
ZONING �-3-S
DESIGNATION: R-4.5: The R-4.5 zoning district is designed to accommodate detached
single-family homes with or without accessory residential units at a
minimum lot size of 7,500 square feet. Duplexes and attached single-
family units are permitted conditionally. Some civic and institutional uses
are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Develapment Director's designee has
APPROVED the above request subject to certain conditions of approval. The findings and
conclusions on which the decision is based are noted in Section V.
CONDITIONS OF APPROVAL
There are no conditions of approval associated with this decision.
NOTICE OF TYPE I DECISION VAR2003-00018—MITCHELL SIDEWALK ADJUSTMENT PAGE 1 OF 3
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATI4N
Site Historv:
The subject site is part of the Bellwood Subdivision. One home occupation permit was
issued in March of 1997 for a home office. No other fand-use cases are associated with this
parcel.
Site Information and Proposal Description:
The applicant is requesting approval to adjust the street improvement requirements of Chapter
18.810 in order to place future sidewalks in easements during the partitioning of the subject
property.
SECTION IV. PUBLIC COMMENTS
No comments were received.
SECTION V. APPLICABLE REVIEW CRITERtA AND FINDINGS
DEVELOPMENT ADJUSTMENTS:
Section 18.370.020.C.11 provides that adjustments for street improvement requirements
(Chapter 18.810) may be approved by means of a Type 11 procedure, as governed by
Section 18.390.040, the director shall approve, approve with conditions, or deny a
request for an adjustrnent to the street improvement requirements, based on findings
that the following criterion is satisfied:
Strict application of the standards will result in an unacceptably adverse impact on
existing development, on the proposed development, or on natural features such as
wetlands, steep slopes or existing mature trees.
The applicant is requesting an ad'ustment to Section 18.810.030 to allow the required
dedication of square footage need� for future sidewalks and planter strips to be placed in
easements along SW Murdock Street and SW103rd Avenue. When the applicant applies to
partition the property, approximately 1,001 sq uare feet of the applicant's property afong SW
103rd Avenue and 1,575 square feet along SW Murdock Street will be required to be dedicated.
The strict application of this requirement will prevent the partitioning of the subject property into
three separate lots. 4nly aliowing the property to partrtion info two separate lots is the
unaccp�table adverse impact on the proposed development. Allowing the street im�rovements
to be aced in easements, allows enough sqiaare footage for the property to be sp �t into three
lots, and setbacks would be measured from the interior side of the easement boundary mstead
of the property line. If setbacks were from the property line, the required 20-foot garage setback
would cause vehicles to obstruct pedestrians walkin� on the sidewalk. Therefore, the applicant
will be required to measure setbacks from the intenor side of the easement boundary, rather
than from the property line. Based on the imposed condition, there will be no foreseeabie
adverse impacts from this ad�ustment. Prope� owners will be required to maintain sidewalks
and planter strips and full public access wil be insured. There are no natural features
(wetlands, steep slopes, existmg mature trees) associated with the subject property.
NOTICE OF TYPE I DECISION VAR2003-00018-MITCHELL SIDEINALK ADJUSTMENT PAGE 2 OF 3
FINDING: Based on the analysis above, Staff finds that the development adjustment
criteria are satisfied with the imposition of the following condition, which
incidentally was requested by the applicant.
CONDITION: All setbacks for future homes will be measured from the interior side of the
easement boundary, rather than from the property line.
SECTION VI. OTHER STAFF COMMENTS
The City of Tigard Engineering Department has reviewed the proposal and has offered the
folfow�ng comments:
. Need to condition the Minor Land Partition such that the garage is set back 20 feet
from the back of the sidewalk easement.
The City of Tigard Water Department has reviewed the proposal and has no objection to it.
SECTION Vll. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Owner of record within the required distance
R- Affected government agencies
THIS DECISION IS FINAL ON MAY 21, 2003,
AND BECOMES EFFECTNE ON JUNE 6, 2003.
A�p�eaf:
The decision of the Director (Type II Procedure) or Review Authority (Type.I I Administrative
Appeal or Type {II Procedure) is final for purposes of appeal on the date that �t is mailed. Any
party with standing 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 requ� ired fee shall be filed with the Director within
ten (10) business days of the date the notice of the decision was mailed. The appeal fee
schedule and forms are available from the Planning Division of Tgard City Hall, 13125 SW Ha11
Boulevard, Tigard, Oregon 97223.
Unless the applicant is the appellant, the hearing on an appeal from the Dire�tor's Decision shall
be confined to the specfic issues identified in the wrrtten comments submitted bX the parties
during the comment period. Additional evidence conceming 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 AT 5:00 PM ON JUNE 5, 2003.
Questions:
oTf yuTave any questions, please ca11 the City of Tigard Planning Division, Tigard City Hail,
13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171.
Ma 21 2003
. at ew c ei egger
Assistant Planner
NOTICE OF TYPE I DECISION VAR2003-00078-MITCHELL SIDEWALK ADJUSTMENT PAGE 3 OF 3
Ma 21 2003
A PR D . ic ar ewers o
Planning Manager
NOTICE OF TYPE I DECISION VAR2003-00018-MITCHELL SIDEWALK ADJUSTMENT PAGE 4�F 3
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J TICOR TITLE INSURANCE COMPANY
STATUS OF RECORD TITLE REPORT
TITLE PLANT
1629 SW Salmon •Portland OR 97205
(503)224-0550 • FAX:(503)219-2212
February 22, 2005
Patricia Galich
11575 SW Pacific Hwy#195
Tigard OR 97223
Titfe Number: g38319
Regarding: Galich
Property Address: 10205 SW Murdock Street
Tigard, OR 97224
County: Washington
DATED AS OF: February 12, 2005, 8:00 am
PROPERTY
We have searched our Tract lndices as to the following described real property:
See Attached Legal Description.
VESTING
PATRICIA GALICH and MICHAEL W. MITCHELL, WITH RIGHTS OF SURVIVORSHIP
RECORDED INFORMATION
Said property is subject to the following on record matter(s):
NOTE: Property taxes PAID
Tax Year 2004-05
Tax Amount: $1,923.14
Tax Acct Number: R502398, 2S1116C-02500, Code 023.74
1. Tigard city lien(s), if any.
2. Resolution No. 04-45, including the terms and provisions thereof,
Recorded Date: August 10, 2004
Recording Number: 2004-092150
For: Formation of Reimbursement District No. 27 SW Murdock Street, 100th
Avenue
STATUS OF RECORD TITIE REPORT(TI2) �
3. Deed of Trust, including the terms and provisions thereof, given to secure a note,
Amount: $202,500.00
Executed By: Patricia Galich and Michael W. Mitchell, with the rights of survivorship
Trustee: David A. Kubat
Beneficiary: U.S. Bank N.A.
Dated: September 19, 20�2
Recorded Date: October 9, 2002
Recording Number: 2002118551
Loan Number: 7884038373
4. Line of Credit Deed of Trust, including the terms and provisions thereof, given to secure a note,
Amount: $47,100.00
Executed By: Patricia Galich and Michael W. Mitchell aka Michael Mitchell, husband
and wife
Trustee: U.S. Bank Trust Company, National Association
Beneficiary: U.S. Bank, National Association
Dated: July 23, 2004
Recorded Date: August 16, 2004
Recording Number: 2004094622
Loan Number: 3000289347
THIS REPORT IS TO BE UTILIZED FOR INFORMATION ONLY. Any use of this report as a basis for
transferring, encumbering or foreclosing the real property described will require payment in an amount
equivalent to applicable title insurance premium as required by the rating schedule on file with the
Oregon Insurance Division.
The liability for TICOR TITLE INSURANCE COMPANY is limited to the addressee and shall not exceed
the pre ' aid hereunder.
TIC R T E INSURANCE OMPANY
.
/1'Wl.�
om Mc Iloch
Title Officer
Tom.Mccolloch @TicorTitle.com
STATUS OF RECORD TRIE REPORT(T12) 2
Lot 23, TIGARDVILLE HEIGHTS, in the City of Tigard, County of Washington and State of Oregon.
EXCEPTING THEREFROM that portion of Lot 23 conveyed to William H. Richter, et ux, by Deed
recorded September 8, 1964 in Filrn Book 521, Page 552 and:
FURTHER EXCEPTING THEREFROM that portion of Lot 23, TIGARDVILLE HEIGHTS, in the County
of Washington and State of Oregon, described as follows:
Beginning at the Northwest corner of Lot 23, in the center of SW 103`d Avenue; thence West 89° 35'
East along the North line of Lot 23, a distance of 25 feet to the East line of SW 103rd Avenue and the
true point of beginning; thence North 89° 35' East along the North line of Lot 23, a distance of 220.05
feet to the Northwest corner of the Richter tract described in Book 521, Page 552, Washington County
Deed Records; thence South 00° 19' West along the West line of the Richter tract, a distance of 112.72
feet; thence North 89° 46' West 220.00 feet to the East line of SW 103`d Avenue; thence North 01° 19'
East parallel with the West line of Lot 23, a distance of 110.22 feet to the true point of beginning.
SUBJECT to the rights of the public in and to that portion of Lot 23, TIGARDVILLE HEIGHTS, lying
within the limits of SW Murdock Street and SW 103`d Avenue.
LEGAL DESCRIPTION 3
TICOR TITLE INSURANCE COMPANY
1629 SW Sa�mon
Portland,OR 97205
J TICOR TITIE INSURANCE
This map is made sotely for the purpose of assisting in locating said premises and the Company �
assumes no liability for variations,if any, in dimensions and location ascertained by actual survey. N
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�ur commitmant ie c3rvr. Qy Sensitive Ar e-Streening 3Tte Assessment
Jurisdiction ° ��"'� Date � �u^"� ���`
Map & Tax Lot L S!1! $CO Z$OO �Jv�mer /}•�iC!rhfF,t. �I��r�CL
Sito Addtess 1 D��-.OS_ S� !YI v!�tkx�
%I�T,�.�. o,C 47�Contact /Ylr�r��kC. �f�'�`�G
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Olficial uae ordy be/ew thls pne
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L� ❑ ❑ Map#��i W -1� ❑ ❑ KJ QS# ��14 �
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Specify Specify 2Q32 A�'1Lr�� _
Based nn a review of the above information and the requirements o!Claan Water
Services Design and Construction Standards Resalution and Order No.44-9:
, Sensitive areas potentially exist on site or within 200'of ths site.TNE APPLICAN7
MUST F'ERFORM A SITE CERTIF1CATtQN PR1C1R TD ISSUANCE OF A SERVlCE
PROVID�R LETTER UR STOR��IYYATER CQNNECTION pERM1T. tf Sens(tive Areas
exist on Lhe site or within 200 feet on adjacent propertles,a Naturat Reso�trces
Assessment Report may alsa be required.
� Sensitive areas do not appear to exist on 5ite o1'within 2�0'af the site.Thts pre-
screening site assessment does NO7 etiminate the need to evaluate and protect
water qual[ty sensitive areas ff they are subsequetrtty discovered on your
groperiy. NO EURTHER SITE ASSESSMENT OR SERVICE PROVIDER LETTEE2IS
' REQWR�D.THdS FORM WILL SERVE AS ALJTHORIZATiON TQ 1S3t1�A
STORMWATER CONNECTION PERMIT.
❑ The proposed activity does not meet ttre definttion of developmenG NO S1TE
ASSESSMENT OR SERVtCE PROVID�R LETTER IS REQUIRED,
Camments:
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Returned to Appllcnnt
.'�fail�Fax Cowite�
Date�',-l�-Oy
25;,o SW Mtltsboro tfighway•N'ilisboro,Oregon 87123
Phone; {503)681•3805.Fax: (503)681-�W39.�vww.c �r1u�qrtaticca.arn
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SCALE DRAyVING
N.W. 1 4 SEC. 11, T.2S., R.1W.� W.M.
qTY OF TIGARO I��
WASHINGTON COUNTY, OREGON
NOVEMBER 3, 2005 Centerline Concepts Inc.
DRAWN BY: MPW CHECKEO 8Y: WG0111
SCALE ��=.30� ACCOUNT �SO-5054 700 MOLALLA AVENUE, OREGON CITY, OREGON 97045 -
H:\ZSURVEYS\2005\MITCHELL5054\M-SCALE 503 650-0188 FAX 503 650-0189
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REVISED TREE ASSESSMENT
�'�Irr�iit�� March 28, 2005
Pat Galich Cell: 503-781-6626
10205 SW Murdock
Tigard, OR
E-mail: ?�,�: �!� ,°��?CSoftl��iare.ccrn
RE: 10205 SW Murdock
Tigard, OR
Common Name S ecie DBH Condition Comments Remove
1 En lish Walnut Ju lans re ia 18 OK
2 Coast Pine Pinus contorta 13 Poor Severe Pitch Moth
3 Scotch Pine Pinus s Ivestris 9 Poor Roots buried d in X
4 Scotch Pine Pinus s Ivestris 13 Poor S lit trunk
5 Scotch Pine Pinus s Ivestris 9 Poor S lit trunk
6 Scotch Pine Pinus s Ivestris 10 OK
7 Scotch Pine Pinus s Ivestris 15 Poor S lit trunk
8 Scotch Pine Pinus s Ivestris 8 OK
9 Scotch Pine Pinus s Ivestris 9 Poor S lit trunk X
10 Scotch Pine Pinus s Ivestris 13 OK X
11 Scotch Pine Pinus s Ivestris 13 OK X
12 Dou las Fir Pseudotsu a menziesii 28 OK
13 Port Orford Cedar Chamaec aris lawsoniana 10 OK
14 Ponderosa Pine Pinus onderosa 11 Poor S lit
15 Ore on White Oak uercus ar ana 19 OK
16 Clerodendrum Clerodendrum 8 Poor Diseased X
17 Dou las Fir Pseudotsu a menziesii 27 OK
18 Dou las Fir Pseudotsu a menziesii 16 OK
19 Mountain Ash Fraxinus 11 OK
20 Scotch Pine Pinus s Ivestris 27 OK Lean
21 Western Red Cedar Thuja licata 8,19 OK Double trunk
Trees #3, 9, 10 & 11 need to be removed for the proposed development. Tree #16 blew over and will be
removed. Street trees to be 5 each 2 '/z" Fraxinus Americana along 103�d and 3 each 2 '/z" Quercus rubra
along Murdock, approximately 30' spacing and nothing within 30' of the intersection. A tree protection
plan is enclosed.
Please call if I can be of further service.
Re ctfu I ly, „
t°`����'�'3'��O �
Raymond Myer, General Manager
Tree Care & Landscapes Unlimited, Inc.
Certified Arborist by the International
Society of Arboriculture, # PN-0160
Oregon Landscape Contractors Lic. #11604
R�f�ll����d?�i�1@��f�#�F�yi �N�i���• pruning• Landscape installation •�andscape Maintenance•Consultation
Pe�f��PR�1�£t��A�r�S�Rs�aC�a�� � International Society af Arboriculture �4regon Association of Nurserymen
Orege^ Golf Course Superintendents'Association • Oregon Landscape Contractors Association
State Licensed Tree Sen�ice #62&35• Landscape Contractor#5659� Chemica!Ap�lication #G00231 • Insur€d
P.U. BQx 156� s Lake �svrego, C?R 97035 • 5t}3-635-3165 a Vancof���er 360-737-?646 a �fi,�t 5C}3-G3�-1��9
Visit our website at��rw�N.treecarela�dsca�:es.com
���L i� L�)i)�;��C'
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� �
TREE ASSESSMENT
�nlimite� February 24, 2005
Pat Galich Cell: 503-781-6626
10205 SW Murdock
Tigard, OR
E-mail: ['qaiicii�SRCSoftware.com
RE: 10205 SW Murdock
Tigard, OR
Common Name S ecie DBH Condition Comments Remove
1 En lish Walnut Ju lans re ia 18 OK
2 Coast Pine Pinus contorta 13 Poor Severe Pitch Moth
3 Scotch Pine Pinus s Ivestris 9 Poor Roots buried d in X
4 Scotch Pine Pinus s Ivestris 13 Poor S lit trunk
5 Scotch Pine Pinus s Ivestris 9 Poor S lit trunk
6 Scotch Pine Pinus s Ivestris 10 OK
7 Scotch Pine Pinus s Ivestris 15 Poor S lit trunk
8 Scotch Pine Pinus s Ivestris 8 OK
9 Scotch Pine Pinus s Ivestris 9 Poor S lit trunk X
10 Scotch Pine Pinus s Ivestris 13 OK X
11 Scotch Pine Pinus s (vestris 13 OK X
12 Dou las Fir Pseudotsu a menziesii 28 OK •
13 Port Orford Cedar Chamaec aris lawsoniana 10 OK
14 Ponderosa Pine Pinus onderosa li Poor S lit
15 Ore on White Oak uercus ar ana 19 OK
16 Clerodendrum Clerodendrum 8 OK
17 Dou las Fir Pseudotsu a menziesii 27 OK
18 Dou las Fir Pseudotsu a menziesii 16 OK
19 Mountain Ash Fraxinus li OK
20 Scotch Pine Pinus s Ivestris 27 OK Lean
21 Western Red Cedar Thu'a licata 8 19 OK Double trunk
Trees #3, 9, 10 & i 1 need to be removed for the proposed development. Street trees to be 8 each 2 �/2"
Styrax japonica. A tree protection plan is enclosed.
Please call if I can be of further service. - - - . �
Respectfully,
��=-�����'�-'
Raymond Myer, General Manager , � �
Tree Care & Landscapes Unlimited, Inc. _ � - - =
Certified Arborist by the International , � � . � _ �
Society of Arboriculture, # PN-0160
Oregon Landscape Contractors Lic. #11604 .
R�B��Qtihl�+��A1€ir4a�l'�I��F�yi��r�ia� • Pruning • Landscape Installation • Landscape Maintenance • Consultation
: Pe���?p�f��t@�e�145$i�Py��s�iiat�on• International Society of Arboriculture • Oregon Rssoeiation of Nurseries �
Oregon Golf Course Superintendents'Association • Oregon Landscape Contrac#ors Association
State Licensed Tree Service #62635• Landscape Contractor#5659• Chemical Application #000231 • Insured
P.O. Box 1566• Lake Oswego, OR 97035 • 503-635-3165• Vancouver 360-737-2646 • Fax 503-635-1549
Visit our website at www.treecarelandscapes.com • E-mail:treecarelandscapes@earthlink.net
'��,��€� La��,��
. h��� �
Tree Protection Plan
t'nlimit�`�
SITE ADDRESS I�2� J� /' <(uV��C� �� �`��
Follow the below listed instructions in order to provide the proper protection before, during and after
construction for tree # / — 2 l
I. Before Construction:
App• Non-A�p.
�❑ a. Identify and number the trees to be protected, verify by mapping and/or tagging and
note their size in D.B.H. (Diameter at Breast Height), variety, health and structural
conditions, review plans.
�t ❑ b. Check with local government agencies for tree protection ordinances.
� ❑ c: Remove any low limbs that may be in the way of construction equipment, and prune as
needed to adhere NAA standards.
� ❑ d. Leave a protective covering on the soil, i.e., existing groundcover or mulch.
�o e. Notify all other contractors that these trees are to be saved and protected.
�❑ f. Install a temporary 6' high metal no-climb fence to protect the trees and their root systems.
Install tree protection sign on fence. Posts Iocated 10' on center as a general rule. For
every inch in diameter of the trunk (D.B.H.) allow up to 1 foot of radius from the trunk as
the protected area. (Example: 24" D.B.H. = 24' radius of protected root system.) Ideally,
we need to protect more than the drip zone. The drip zone into the trunk is the support
roots that hold the tree up. The roots from that drip zone out provide nutrition, water and
oxygen. Try to avoid loss of more than 30% of root on any one side. This allows some
encroachment within the drip line. This should be determined on a case by case site
conditions reviewed. (SEE ENCLOSED SITE PLAN)
�o g. Identify any insect or disease problems that may require treatment.
❑ �h. Engineer and design proposed structures and construction to avoid root loss. Bridge type
foundations can save major roots.
o � i. Design landscape islands and planting areas large enough to accommodate trees at
maturity.
�❑ j. Plant the right tree in the right place. Avoid future conflicts with buildings and utilities.
❑ � k. Have an experienced Arborist review landscape plan to assure the right tree is planted in
the right place and proposed changes don't kill retained mature trees.
�o I. Consider tree removals adjacent to trees to be saved for wind related stability concerns.
Residentia! ard Commercial Spraying • Fertilizing• Pruning•Landscape lnstaHation • Landscape Maintenance•Consultatian
MEMBER: National ArE�orist Association • Interr�ational Society of Arboriculture •�regon Association �# Nurserymen
Or.egon Golf Course Superintendents'Assoc'satian • Oregon LandsLape Contractars Assoc;ation
S{a.e Lic�r:s�d Tr�=e Snrvic� #62�35 � Landsca�e Conirac�or#50^59 g Ch�micaf�:pr;Gc�iscr• ;#�DG?31 + }�si:r��
�'.C. �o;c 156F �La,<a vs;rr�co, O� 97C3:, � SG:s-��35-L1fi� � ��lancotiv2r 3cG-;37-�F�o p :�=:'�.;{ �ljV-0�.�:J�i:��
Visit our VJ2��S!�8 Fii LNLY�N.�fP,2C-arefa�dscGess.cc�
`
App• Non-AQq.
,� ❑ m. Check for past and proposed grade and drainage changes, consider the effects.
�" o n. Check trees for stability.
� ❑ o. Remove all trees that would not survive the effects of change. Remove all hazardous trees.
,� ❑ p. Minimize environmental changes.
II. Durinv Construction:
�e� ❑ a. Keep equipment off of the root system to avoid compaction.
P� ❑ b. Keep equipment away from structure to prevent damage to trunk and limbs.
�7 ❑ c. Don't allow chemicals to be dumped on the ground near the tree, i.e., gasoline, diesel,
paint, herbicide, cleaner, thinners, etc.
� ❑ d. Provide means of temporary irrigation if the project runs through the summer.
� ❑ e. If roots or limbs are cut or damaged, have them inspected by an ISA Certified Arborist and
repaired or treated according to his/her recommendations.
R� ❑ f. Protect the trees from excessive heat, i.e., equipment, paving and/or burning.
� ❑ g. Avoid trenching through the root systems, boring under them or hand digging can save
roots.
� o h. Contact the ISA Certified Arborist familiar with the site prior to and during any activity
within the drip zone or tree protection fencing for consultation.
III. After Construction:
� ❑ a. Carefully landscape the area under the tree, being careful of the roots and structure. Use
plantings that will live under the same conditions as that of the tree.
❑ �b. Provide insect and disease control, fertilization and pruning as needed or adhere to long
term protection plan if provided.
� ❑ c. Avoid direct irrigation spraying onto the trunk. The amount of irrigation needed to keep
new plantings alive can often be enough to kill mature trees.
�❑ d. Do not cover existing root systems with more than 2" of soil. The more soil you add, the
greater the chances of damaging the root system.
�o e. Provide irrigation and/or drainage to emulate pre-construction conditions.
NOTE: It would be impossible to provide all of the above protection measures, however the more roots
that can be saved and the least amount of surrounding environmental changes that we can prevent; the
greater the chances of saving existing trees. Often it is best to replant with the right tree in the right
place so it can grown in the new environment.
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REVISED TREE ASSESSMENT
March 28, 2005
� PGt Galich Cell: 503-781-6626
10205 SW Murdock
Tigard, OR
E-mail: PqalichCa�SRCSoftware.com
RE: 10205 SW Murdock
Tigard, OR
Common Name S ecie DBH Condition Comments Remove
l En lish Walnut ]u lans re ia 18 OK
2 Coast Pine Pinus contorta 13 Poor Severe Pitch Moth
3 Scotch Pine Pinus s Ivestris 9 Poor Roots buried d in X
4 Scotch Pine Pinus s Ivestris 13 Poor S lit trunk
5 Scotch Pine Pinus s Ivestris 9 Poor S lit trunk
6 Scotch Pine Pinus s Ivestris 10 OK
7 Scotch Pine Pinus s Ivestris 15 Poor S lit trunk
8 Scotch Pine Pinus s Ivestris 8 OK
9 Scotch Pine Pinus s Ivestris 9 Poor S lit trunk X
10 Scotch Pine Pinus s Ivestris 13 OK X
11 Scotch Pine Pinus s Ivestris 13 OK X
12 Dou las Fir Pseudotsu a menziesii 28 OK
13 Port Orford Cedar Chamaec aris lawsoniana 10 OK
14 Ponderosa Pine Pinus onderosa 11 Poor S lit
15 Ore on White Oak uercus ar ana 19 OK
16 Clerodendrum Clerodendrum 8 Poor Diseased X
17 Dou las Fir Pseudotsu a menziesii 27 OK
18 Dou las Fir Pseudotsu a menziesii 16 OK
19 Mountain Ash Fraxinus 11 OK
20 Scotch Pine Pinus s Ivestris 27 OK Lean
21 Western Red Cedar Thu�a licata 8,19 OK Double trunk
Trees #3, 9, 10 & 11 need to be removed for the proposed development. Tree #16 blew over and will be
removed. Street trees to be 5 each 2 �/z" Fraxinus Americana along 103�d and 3 each 2 �/z" Quercus rubra
along Murdock, approximately 30' spacing and nothing within 30' of the intersection. A tree protection
plan is enclosed.
Please call if I can be of further service.
Respectful ly,
Raymond Myer, General Manager
Tree Care & Landscapes Unlimited, Inc.
Certified Arborist by the International
Society of Arboriculture, # PN-0160
Oregon Landscape Contractors Lic. #11604
Oregon Dept. of Agriculture, Commercial
Pesticide Applicators License #77915
�����. I,���°
��
�� �
Tree Protection Plan
�'�'alim�t�`�
SITE ADDRESS Iv 2�� S11� i'/l UYra'Cc� �I,�'l�r<�
Follow the below listed instructions in order to provide the proper protection before, during and after
construction for tree # f `- � l
I. Before Construction:
App, Non-Aqp.
� ❑ a. Identify and number the trees to be protected, verify by mapping and/or tagging and
note their size in D.B.H. (Diameter at Breast Height), variety, health and structural
conditions, review plans.
e' ❑ b. Check with local government agencies for tree protection ordinances.
� ❑ c: Remove any low limbs that may be in the way of construction equipment, and prune as
needed to adhere NAA standards.
� ❑ d. Leave a protective covering on the soil, i.e., existing groundcover or mulch.
�o e. Notify all other contractors that these trees are to be saved and protected.
,� ❑ f. Install a temporary 6' high metal no-climb fence to protect the trees and their root systems.
Install tree protection sign on fence. Posts located 10' on center as a general rule. For
every inch in diameter of the trunk (D.B.H.) allow up to 1 foot of radius from the trunk as
the protected area. (Example: 24" D.B.H. = 24' radius of protected root system.) Ideally,
we need to protect more than the drip zone. The drip zone into the trunk is the support
roots that hold the tree up. The roots from that drip zone out provide nutrition, water and
oxygen. Try to avoid loss of more than 30% of root on any one side. This allows some
encroachment within the drip line. This should be determined on a case by case site
conditions reviewed. (SEE ENCLOSED SITE PLAN)
� ❑ g. Identify any insect or disease problems that may require treatment.
❑ � h. Engineer and design proposed structures and construction to avoid root loss. Bridge type
foundations can save major roots.
❑ �� i. Design landscape islands and planting areas large enough to accommodate trees at
maturity.
�❑ j. Plant the right tree in the right place. Avoid future conflicts with buildings and utilities.
❑ � k. Have an experienced Arborist review landscape plan to assure the right tree is planted in
the right place and proposed changes don't kill retained mature trees.
.e� ❑ I. Consider tree removals adjacent to trees to be saved for wind related stability concerns.
Residential and Commercia{ Spraying• Fertilizing • Pruning- Landscape installa#ian + Landsca�e Maintenance•Consuitatian
MEMBER: Natior�al ArL�orist Asso�iation • lnternational Society of Arhoriculture • Uregon Assaciation o# Nurserymen
t�regon Golf Course Supsrintenden#s'Association • Oregan Landscape Gon•:ractors Associati�n
State Lics:�s�d Tr�e ��rv�c4#�2�35 a Landscape Contractor�56�8 � Ch�mic_:, :�`?�-:i;ca�',�.n �^�?n�^.A � '-.._: .
P.C}. �a;c 1556 � �asc:=: ��s•��r�co, {�I� 97C:3:J ' Sfi3-zS35-316� �tlanco[.�°uc+�3�f:.---- __.: .. , :
�I�I�., ._ ,v'"-ii�� .. �zi: , ,i.ti ' ..,;='I .. . ,
_ I
ADp• Non-Aoq.
,e� ❑ m. Check for past and proposed grade and drainage changes, consider the effects.
�' O n. Check trees for stability.
� ❑ o. Remove all trees that would not survive the effects of change. Remove all hazardous trees.
,� � p. Minimize environmental changes.
II. Durina Construction:
�a' ❑ a. Keep equipment ofF of the root system to avoid compaction.
� ❑ b. Keep equipment away from structure to prevent damage to trunk and limbs.
,i6 o c. Don't allow chemicals to be dumped on the ground near the tree, i.e., gasoline, diesel,
paint, herbicide, cleaner, thinners, etc.
� ❑ d. Provide means of temporary irrigation if the project runs through the summer.
� ❑ e. If roots or limbs are cut or damaged, have them inspected by an ISA Certified Arborist and
repaired or treated according to his/her recommendations.
� ❑ f. Protect the trees from excessive heat, i.e., equipment, paving and/or burning.
� ❑ g. Avoid trenching through the root systems, boring under them or hand digging can save
roots.
�' ❑ h. Contact the ISA Certified Arborist familiar with the site prior to and during any activity
within the drip zone or tree protection fencing for consultation.
III. After Construction:
�3' O a. Carefully landscape the area under the tree, being careful of the roots and structure. Use
plantings that will live under the same conditions as that of the tree.
❑ � b. Provide insect and disease control, fertilization and pruning as needed or adhere to long
term protection plan if provided.
� � c. Avoid direct irrigation spraying onto the trunk. The amount of irrigation needed to keep
new plantings alive can often be enough to kill mature trees.
,� ❑ d. Do not cover existing root systems with more than 2" of soil. The more soil you add, the
greater the chances of damaging the root system.
�" C7 e. Provide irrigation and/or drainage to emulate pre-construction conditions.
NOTE: It would be impossible to provide all of the above protection measures, however the more roots
that can be saved and the least amount of surrounding environmental changes that we can prevent; the
greater the chances of saving existing trees. Often it is best to replant with the right tree in the right
place so it can grown in the new environment.
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_�i�la;zuu� ub:YG FAX 50a5981960 CITY OF TIGARD
�" !�002
PRE-APP'LICATION
` CONFEftENCE REQUEST
CITY OF TIGARD 93125 SW HaJ!Blvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION -
Applicant: ,��C�i / � � u����-C/ � (/�`% ���C� FOR STAFF USE ONLY
Address: %d�-0� .�(,(� �U��l�C� Phone_ �D� 5��71�1 �6� ����� � "
Case No_:_ �"�J � �� �� �
City: //6�, Zip: 7Z Z" Receipt No.: �.�,� � -C�G �-i�:
e' Application Acce ted B ��-`
ContactPerson: ������ ��T �� Phone: f�j 70ff �3r3 P y�
c�� Date: ,���.z�/�� �
-Property OwnerlDeed Holder(s): s�m�z � �'P�G'�'�''��
D DATE OF PRE-APP_: 21 � C.�
rn lC[�i¢� I�GT(�i�r �� � d f1'I��C'/.Q �j�l-�Ch` 'fIME OF PRE-APP_: l I � �'�- '��
Address: /0.�0 5" Sc.J i"Y��/zlb�,,e�phone: ..3�03 S9ry 06�L
� �.,�h PRE-APP.HEl.D WITH:
Clty: / / 6'/'Y Z�P' " 7 ��� Rev.1/3/OS I:�curpinVnastarelrevissG\P�o-AppZequest.doc
Property Address/Location(s}: �6 ZOS� Scc� /�1rJ,ulac� �
� 6�ii-.r� D/2 �/7Z2� REQUBRED SUBMIT7'AL ELEMENTS
,
� (Note: applications wi11 not be accepted
without the required submittal eiements)
Tax Map 8�Tax Lot#(s): �s�//�C - ��S ��
Zoning:_ .�.3• S ❑ Pre-Appiication Conf. Request Form
Site Size: • '�3 �c c0�5 4 COPIES EACH OF TH� FOLLOWING•
❑ Brief Description of the Proposal and
PRE-APPLICATlON CONFERENCE INFORMATION any site-specific questions/issues that
you wvuld like to have staff research
All of the information identified on this form are required to be Pnor to the meeting.
submitted by the applicant and received by the Planning �ivision a ❑ Site Plan. The site plan must show the
_ minimum of one 1l week orior to officlally schedulina a proposed lots andlor building layouts
pre-application conference date/time to ailow staff ample time to drawn 4o scale. Afso, show the (ocation
prepare for the meeting, of tt�e subject property in relation to the
nearest streets; and the locations of
A pre-applica'�on conferance can usually be scheduled w'rthin �-2 driveways an the subject prope�ty and
weeks of the Planning Division's receipt of the �equest for either across the street
Tuesday or Thursdav mominqs. Pr�application conferences are ❑ The Proposed Uses.
one !11 hour lonq and are typically held between the hours of � Topographic [nformation. Incfude
9:�-11:00 AM. Contour Lines if Possible.
PRE-APPLICATION CONFERENCES MUST BE SCHEDt1LED IN ❑ If the Pte-Application Conference is for
PERSON 4T THE COMMLINITY DEVELOPMENT COUNTER FROM a MONOPOLE project, the applicant
8:00�:00/MONDAY-FRIDAY, must attach a copy of the letter and
proof in the form of an affidavit ofi
IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE mailing, that the collocation protocol
PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE Was completed (see Section 18.798.080
INFORM THk CITY IN ADVANCE SO THA7 ALTERNATE ROOM of the Tigard Community Development
ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE Code).
GROUP. ❑ Filing �ee 5340_00
Pre-Apps (CD Meetings) ___ _ February2oo5
S M T W T F S
1 2 3 4 5
, 6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28
Tuesday, February 08, 2005 __ _ _ '
s:oo
8:30
9:00 Pre-app
9:30
10:00 Pre-app appt i
10:30
11:00 Pre-app Michael Mitchell & Pat Galich 503-708-8313 cell 10205
SW Murdock 3 lot MLP
11:30
12:00
12:30
1:00
1:30 �
2:00
2:30
3:00
3:30
4:00
4:30
5:00
5:30
6:00
10:20AM Tuesday,January 25,2005
MITCHELL PARTITION
January 18, 2005
10205 SW MURDOCK ST.
TIGARD, OREGON 97224
PHONE: (503) 598-0686
FAX: (503) 598-4155
GENERAL INFORMATION
APPLICANT/OWNER: Michael Mitchell & Patricia Galich
10205 SW Murdock St.
Tigard, OR 97224
SURVEYING FIRM: Centerline Concepts
PROPERTY ADDRESS: 10205 SW Murdock St.
Tigard, OR 97224
TAX LOT: 2S111BC-02500
LOT SIZE: .73 Acres
CURRENT ZONING: R3.5
PRE-APPLICATION MEETING:
SITE DESCRIPTION:
The site is located on a corner lot at the intersection of Murdock St. and 103rd Avenue.
An existing house is present on the site. The site has a number of substantial existing
trees and slopes very gently to the west and south.
Sanitary sewer service is being provided as part of the Murdock Reimbursement district;
three laterals are currently in place and connected along Murdock St. at the
reimbursement district's terminus. An existing water meter, stubbed from a water line in
Murdock street services the existing house. Storm water from the site currently drains
west and south along Murdock street.
PROPOSAL
Applicants are requesting approval to perform a three lot partition on a parcel of land
containing approximately .73 acres. This partition will create Parcel 1 with
approximately 1 1,723 square feet, Parcel 2 with approximately 10,241 square feet and
Parcel 3 with approximately 10,01 1 square feet.
The following discussion addresses the chapters of the City of Tigard Development Code
that were determined to be relevant to this Type II application during a pre-application
meeting held with the city of Tigard on (to bc �ietermined).
Chapter 18.390 Decision-Making Procedure
18.390.040 Type II Procedure
A. Pre-application con erence.
A pre-application conference was held on(to be cietermined).
B. Application requirements.
A Type II application with all requested information and a check for$ to he determined is
attached. Two sets of pre-stamped and pre-addressed envelopes for all the property
owners of record as specified by the City of Tigard are attached. A copy of the current
deed, an impact study, and preliminary development plans are also attached.
Chapter 18.420 Land Partitions
18.420.050 Approval Criteria
A. �proval Criteria
1. This application complies with all known statutory and ordinance requirements
and regulations.
2. There are adequate public facilities to serve the proposal. Sanitary sewer service
for Parcels 1, 2 and 3 will be provided by connecting laterals installed as part of
the Murdock sewer reimbursement district and into the newly constructed sanitary
sewer main on Murdock St. Water service for the proposed parcels will be
provided by tapping into the existing water main in Murdock Street. Storm water
for the proposed lots will be provided by approved French drain and storm dry
well as there is no existing storm drain system in the area. The applicant is
choosing to pay a"fee-in-lieu"of undergrounding the overhead power lines
fronting the property on Murdock St.
3. A storm water drainage plan is shown on the attached Preliminary Development
Plans. This plan shows that the proposed parcel will route roof drain runoff into a
French drain system flowing into a dry well system. The applicant is choosing to
pay a"fee-in-lieu"of providing water quality for the additional (to be detcc-mined)
square feet of impervious area to be created with the two new parcels. The fee-in-
lieu of($ to bc determincd) will be assessed to the applicant when receiving
building permits.
4.
a. The parcels created with this partition meet the lot width requirements of
the R-3.5 zone.
b. The parcels created with this partition meet the minimum lot area
requirements.
c. The parcels created with this partition front public streets with more than
the minimum 15 feet.
d. The parcels created with this partition meet the required front, rear, and
side yard setbacks for this zone.
e. There are no flag lots proposed with this application.
f. There is no paved access way within 10 feet of a property line.
g. There are no access ways that would have a detrimental effect on fire
fighting capabilities.
h. There are no common drives proposed with this application.
i. The proposed driveway for Parcels I and 2 will comply with City of
Tigard standards.
j. This project is not located in or adjacent to a 100 year flood plain.
k. This application does not propose any variances or adjustments with the
exceE�lion of the Mitchell Si�1�����alk Varianc�.
18.420.060 Final Plat Submission Requirements
The requirements of this section will be met when the final plat is submitted to the City.
18.420.070 City Acceptance of Dedicated Land
See Mitchell Side���alk Variancc
18.420.080 Recording Partition Plats
The requirements of this section will be met when the final plat is submitted to the City.
Chapter 18.510 Residential Zoning Districts
18.510.020 List of Zoning Districts
E. R-3.5: Low-Densitv Residential District
This application is for the development of three parcels. Parcel I will be approximately
1 1,723 square feet and will be all of the applicable requirements of the R-3.5 zone.
Parcel2 will be approximately 1(1,2�l and will meet the requirements of the R-3.5 zone.
Parcel3 will be approximately 1O,U 11 and will meet the requirements of the R-3.5 zone.
18.510.030 Uses
A. Tvnes of uses.
All of the uses proposed with this application are permitted.
18.510.040 Minimum and Mcrximum Densities
The minimum/maximum density allowed for this property under the current zoning rules
is three units. This application is proposing to partition the property into three parcels.
Therefore, this application meets the requirements of this section.
18.510.050 Development Standards
A. Com,pliance required.
This development complies with all applicable development standards and does not
propose any adjustments or variances.
B. Development Standards
This development meets the standards as listed in Table 18.510.2 of the City of Tigard
Development Code.
Chapter 18.705 Access/Egress/Circulation
18.705.030 General Provisions
B. Access Plan Requirements.
This application includes Preliminary Development plans that show the access to the
proposed parcels. Both parcels will obtain access from SQ 114`h Avenue.
D. Public Street Access.
Parcels 1, 2 front SW Murdock Street. Parcel3 fronts 103rd Avenue.
E. Curb Cuts.
Neither Murdock or 103`d presently have curbs, therefore, this section is not applicable.
F. Required Walkwav Location
Applicants are not proposing any public street improvements.
G. Inadequate or Hazardous Access.
This development does not propose any accesses that would be hazardous, provide
inadequate access for emergency vehicles, or cause a hazardous condition.
This development does not propose any access to arterial or collector streets.
H. Minimum Access Requirements for Residential Use.
This development proposes separate accesses for each parcel. The accesses will have a
minimum 10 foot wide paved access.
Chapter 18.71 S Density Computations
18.71 S.020 Density Calculation
B. Calculating Maximum Number of Residential Units.
The maximum number of residential units is calculated as follows: 32,324 square
feet/10,000 square feet= 3.2 units. Therefore, a maximum of three units are allowed on
this property.
Chapter 18.745 Landscaping and Screening
This application is not proposing any landscaping or screening.
Chapter 18.765.070 Minimum and Maximum Off-Street Parking Requirements
The proposed parcels will have at least one off-street parking space per the requirements
of Table 18.765.15 of the City of Tigard Development Code.
Chapter 18.790 Tree Removal
18.790.030 Tree Plan Requirement
A. Tree Plan Required.
A tree plan is attached with the preliminary development plans. The tree plan has been
made in conjunction with a certified arborist.
B. Plan Requirements.
The tree plan contains all of the required items from this section. The City of Tigard does
not require mitigation for tree removal, as long as 75%of the trees over 12 inches in
diameter are to be retained. This proposal is removing one tree over 12 inches in
diameter; therefore, tree mitigation is not required.
Chapter 18.795 Visual Clearance Areas
18.795.040 Computations
B. Non-Arterial Streets.
The visual clearance requirements for the proposed driveway are met, as shown by the
visual clearance diagram shown on the Preliminary Development Plans.
Chapter 18.810 Street and Utility Improvement Standards
18.810.030 Streets
A. Improvements.
The applicant chooses to enter into a Restrictive Covenant for future improvements to
SW 103rd Avenue and SW Murdock Streets. Therefore, this application does not propose
any street improvements.
Chapter 18.810.090 Sanitary
The development proposes connecting sanitary sewer laterals to existing tees recently
installed as part of the Murdock Sewer Reimbursement District.
Chapter 18.810.100 Storm Drainage
Storm drains to not exist in the immediate vicinity. Additional runoff create by this
development will be negligible, and it is not anticipated that any existing downstream
drainage facility will be overloaded. The applicant is proposing to pay a"fee-in-lieu" of
providing storm water detention or water quality treatment.
Chapter 18.810.120 Utilities
Water services will be provided to Parcel2 by tapping into existing water main in SW
Murdock Street. Water services will be provided to Parcel3 by tapping into existing
water main in SW 103ra Avenue. The applicant is choosing the "fee-in-lieu" option,
instead of undergrounding the existing overhead utilities fronting SW 103rd Avenue and
SW Murdock Street.
Parcel2's total length of footage along SW Murdock St. approximately 143 fcct. Parcel
3's total length of footage along SW 103`d Avenue is approximately 70 feet; therefore,
the fee for not undergrounding the utilities is To Be Dctcrmined: �X ($Y/foot * 243 feet
_ $X).
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THIS MAP IS FURNISHED AS A CONVENIENCE BY PACIFIC NORTHWEST TITLE
This map is not a survey and does not show the location of any improvements. -
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The company assumes no liability for errors therein. �
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C�leanWater� Servic�s
nur cn�runituirnt is �3r��. Svnsitive Are e-Screening 5ite Assessment
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Jurisdiction Date �u'"���_ �
Map& Tax Lot �5 Q!1 BCO t SOU y(Jwner !'y'i�t'�,t�_./yl�e�ftCC,
5ite Address �Q�p� S'�.✓ /11 U�-RkL,��
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Ol�cial u�e only below thls Ilne
Y N NA Y N NA
� Sensitive Area Composite Map Storrnwater Infrastructure map5
�. ❑ ❑ n,�p# Z��w —.q _ . ❑ D�7 Qs# �tS��
� � ,� Locally adopted studies or maps � � � Other
SpecifY !_._ Specify�Z f}�"2�rlL
Based nn a review of the above information and the requirements af Clean Water
Services Design ancf Canstruction Standards Resolution and Ordar No.44-9:
, Sensitive areas potentiatly exist on site or within 200' of the site.TNE APPUCANT
MUST F'ERFORM A SITE CER7IFICATION PRIOR'fD ISSUANCE OF A SERVICE
PROVlDER L�TTER OR STORMWATER CQNNECTION PERMIT. If Sensitive Areas
exist on the site or within 200 feet on adjacent propertle�,a Natura!Rasources
Assessment Report rrtay also be requfred.
� Sensilive areas do not appear to exist on site or wlthln 200'of the site.This pre-
screening slts assessment does NO7 eliminata!he nsed to avaluate and protett
water quallty sensitive areas if they are subsequently disco�ered on your
properiy. NO FURTHER 51TE ASSESSMENT OR SERYICE PROVIDER LETTER 1S
' REDUIRED. TH1S FpRM WILL SERVE AS AUTHOR{ZATION TO iSSUE A
STORMWATER CONNECTION PERMlT,
� The proposcrd acti�ity doas not meet the definition af devolopment. NO SITE
ASSES5MENT OR SERVICE PROVID�R LETTER IS REQUIR6D,
Comments:
���S�O dA.3 ?��ei C`W OF S �T�" �lPi�l AK,� C?,JS ��� L 3il0--� -r.k.F
�'tOPO,rt:Q i7/tU.I�-Cf� :v�t<_ u�T Si�N�Frc.����, �M��c�- --���+v�ttd,`�
��'►�S�T�L.F- ,a i!,K" .___.—_—. _.__
ReviewedBy_ _ _ Data: �-l_�-iQL(
Returned to Applican�
,ifail� Faa' Cou��ter
Dare�-l�-04 r,.�71
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'tSbb SW Hil{sboro FGghway•Nillsboro,Oreyon 87123
Phone: {503)681-3805•Fax: (503)681�1439.www c n�MUlussicics�rs
�. ,
IMPACT STUDY
PROJECT.• MITCHELL PARTITION
TRANSPORTATION SYSTEM:
This development fronts SW Murdock Street to the West and SW 103rd Avenue to the
North. Both are 20 foot +/- wide paved streets that do not have curbs, gutters or
sidewalks. SW Murdock Street is classified as a'?'' Local Residcntial Street; SW 103ra
Avenue is classified as a '?'' L,ocal Residential Strcct.
Storm water�enerated from the property currently flows down both SW Murdock Street
and SW 103r Avenue, the property being at the top of the hill.
The applicant is choosing to enter into a Restrictive Covenant for future improvements
for both SW Murdock Street and 103�d Avenue.
The access to proposed parcel2 and the existing house(Parcel 1) is on SW Murdock
Street; the access to proposed parcel3 is on SW 103rd Avenue.
DRAINAGE SYSTEM:
The storm water for the site drains either to the south or east. This application does not
propose to change the current drainage pattern except by the installation of French drains
and a drywell drainage on each property(as has been installed at the existing property).
The future houses will route storm water from their roofs to storm pipes and French
drains leading to drywells.
The applicant is choosing to pay fee-in-lieu of($21 U for eve�y 2G40 square feet of
createcl imper�ious area) to meet CleanWater Services water quality requirements. This
development will create approximately 4UOU squarc leet? of new impervious area (�420)
by creating two additional buildable lots (Parcels 2 and 3).
WATER SYSTEM:
There is currently water service serving the existing house that will remain on Parcel 1.
This development will add one additional water service to Parcel2 and one additional
water service to Parcel3. The water services will tap into existing water mains located in
both SW Murdock Street and SW 103`d Avenue.
SEWER SYSTEM:
The existing house is being served by a septic system that will be abandoned with this
development. Sanitary sewer service will be provided by constructing three new sanitary
.
laterals. These sanitary laterals will connect to existing tees recently constructed as part
of the Murdock Reimbursement District and located on SW Murdock Street.
NOISE IMPACTS:
This proposed development is a residential partition which will create two additional
residential parcels and should not generate any extraordinary noise impacts to the
surrounding neighborhood.
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NOTICE OF TYPE II DECISION
VARIANCE (VAR) 2003-00018
CITY OF TIGARD
MITCHELL SIDEWALK ADJUSTMENT Community�1UeveCopment
,S�ra � ,a BetterCommuni
120 DAYS = 8/14/2003
SECTION I. APPLICATION SUMMARY
FILE NAME: MITCHELL SIDEWALK ADJUSTMENT
CASE NO: Adjustment (VAR) VAR2003-00018
PROPOSAL: The applicant is requesting approval to adjust the street improvement
requirements of Chapter 18.810 in order to place future sidewalks in
easements during the partitioning of the subject properry.
APPLICANT/
OWNER: Michael W. Mitchell
10205 SW Murdock Street
Tigard, OR 97223
LOCATION: 10205 SW Murdock Street; WCTM 2S111 BC, Tax Lot 02500.
ZONING t' �� S�
DESIGNATION: R-4.5: The R-4.5 zoning district is designed to accommodate detached
single-family homes with or without accessory residential units at a
minimum lot size of 7,500 square feet. Duplexes and attached single-
family units are permitted conditionally. Some civic and institutional uses
are also permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.370, 18.390 and 18.510.
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 of approval. The findings and
conclusions on which the decision is based are noted in Section V.
CONDITIONS OF APPROVAL
There are no conditions of approval associated with this decision.
NOTICE OF TYPE I DECISION VAR2003-00018—MITCHELL SIDEWALK ADJUSTMENT PAGE 1 OF 3
� ,
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Historv:
The subject site is part of the Bellwood Subdivision. One home occupation permit was
issued in March of 1997 for a home office. No other land-use cases are associated with this
parcel.
Site Information and Proposal Description:
The applicant is requesting approval to adjust the street improvement requirements of Chapter
18.810 in order to place future sidewalks in easements during the partitioning of the subject
property.
SECTION IV. PUBLIC COMMENTS
No comments were received.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
DEVELOPMENT ADJUSTMENTS:
Section 18.370.020.C.11 provides that adjustments for street improvement requirements
(Chapter 18.810) may be approved by means of a Type II procedure, as governed by
Section 18.390.040, the director shall approve, approve with conditions, or deny a
request for an adjustment to the street improvement requirements, based on findings
that the following criterion is satisfied:
Strict application of the standards will result in an unacceptably adverse impact on
existing development, on the proposed development, or on natural features such as
wetlands, steep slopes or existing mature trees.
The applicant is requesting an adjustment to Section 18.810.030 to allow the required
dedication of square footage needed for future sidewalks and planter strips to be placed in
easements along SW Murdock Street and SW103rd Avenue. When the applicant applies to
partition the property, approximately 1,001 sq uare feet of the appIicanYs property afong SW
103rd Avenue and 1,575 square feet along SW Murdock Street will be required to be dedicated.
The strict application of this requirement will prevent the partitioning of the subject property into
three separate lots. Only alfowing the property to partition into two separate lots is the
unacce�table adverse impact on the proposed development. Allowing the street improvements
to be p aced in easements, allows enough square footage for the property to be split into three
lots, and setbacks would be measured from the interior side of the easement boundary instead
of the property line. If setbacks were from the property line, the required 20-foot garage setback
would cause vehicles to obstruct pedestrians walkin� on the sidewalk. Therefore, the applicant
will be required to measure setbacks from the interior side of the easement boundary, rather
than from the property line. Based on the imposed condition, there will be no foreseeable
adverse impacts from this ad�ustment. Property owners will be required to maintain sidewalks
and planter strips and full public access wilf be insured. There are no natural features
(wetlands, steep slopes, existing mature trees) associated with the subject property.
NOTICE OF TYPE I DECISION VAR2003-00018-MITCHELL SIDEWALK ADJUSTMENT PAGE 2 OF 3
FINDING: Based on the analysis above, Staff finds that the development adjustment
criteria are satisfied with the imposition of the following condition, which
incidentally was requested by the applicant.
CONDITION: All setbacks for future homes will be measured from the interior side of the
easement boundary, rather than from the property line.
SECTION VI. OTHER STAFF COMMENTS
The City of Tigard Engineering Department has reviewed the proposal and has offered the
following comments:
. Need to condition the Minor Land Partition such that the garage is set back 20 feet
from the back of the sidewalk easement.
The City of Tigard Water Department has reviewed the proposal and has no objection to it.
SECTION VII. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Owner of record within the required distance
� Affected government agencies
THIS DECISION IS FINAL ON MAY 21, 2003,
AND BECOMES EFFECTIVE ON JUNE 6, 2003.
A��eal:
The decision of the Director (Type II Procedure) or Review Authority (Type II Administrative
Appeal or Type III Procedure) is final for purposes of appeal on the date that it is mailed. Any
party with standing 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 the decision was mailed. The appeal fee
schedu(e 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 m 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 AT 5:00 PM ON JUNE 5, 2003.
Questions:
oT�y a any questions, please call the City of Tigard Planning Division, Tigard City Hall,
13125 SW Hafl Boulevard, Tigard, Oregon at (503) 639-4171.
Ma 21 2003
. at ew c ei egger
Assistant Planner
NOTICE OF TYPE I DECISION VAR2003-00018-MITCHELL SIDEWALK ADJUSTMENT PAGE 3 OF 3
Ma 21 2003
. ic ar ewers o
Planning Manager
NOTICE OF TYPE I DECISION VAR2003-00018-MITCHELL SIDEWALK ADJUSTMENT PAGE 4 OF 3
PRE-APPLICATION COHFERENCE NOTES
➢ EHGINEERIHG SECTIOH Q ��'"°'ng�°�pme�nt
SfiapingA�etterCommunity
PUBLIC FACILITIES Tex Mep[Sl: 2stttBc
Tax lot[sl: 2500
Use l�pe: MLP
The extent of necessary public improvements and dedications which shall be required of the applicant
will be recommended by City staff and subject to approval by the appropriate authority. There will be
no final recommendation to the decision making authority on behalf of the City staff until all concerned
commenting agencies, City staff and the public have had an opportunity to review and comment on
the application. The following comments are a projection of public improvement related requirements
that may be required as a condition of development approval for your proposed project.
Right-of-wav dedication:
The City of Tigard requires that land area be dedicated to the public:
(1.) To increase abutting public rights-of-way to the ultimate functional street classification
right-of-way width as specified by the Community Development Code; or
(2.) For the creation of new streets.
Approval of a development application for this site will require right-of-way dedication for:
� SW Murdock Street to 27 feet from centerline (Neighborhood Route)
� SW 103�d Avenue to 27 feet from centerline (Local Street)
� SW Intersection to 25 feet radius
❑ SW to feet
Street improvements:
� Half street improvements will be necessary along SW Murdock Street, to include:
� 16 feet of pavement from centerline
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk with 5-foot planter strip
� street trees sized and spaced per TDC
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
CITY OF TI6ARD Pro-Applicatlen C�meronce N�tes �age 1 ef 6
E�lln�rlo!�n�rtw��[S�Ltln
� Half street improvements will be necessary along SW 103�d Avenue, to include:
� 16 feet of pavement from centerline
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk with 5-foot planter strip
� street trees sized and spaced per TDC
� street signs, tra�c 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 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 two-year streetlight fee.
Clfl OF TI6ARU Pro-Appllcatl�n C�mer�nce Notea Page 2�f i
EU�■..r1.��•r.ruun s�ea��
� ❑ Other:
Aqreement for Future Street Improvements:
In some cases, where street improvements or other necessary public improvements are not currently
practical, the improvements may be deferred. In such cases, a condition of development approval
may be specified which requires the property owner(s) to provide a future improvement guarantee.
The City Engineer will determine the form of this guarantee. The following street improvements may
be eligible for such a future improvement guarantee:
(1.) SW Murdock Sfreet
(2.) SW 103'�Avenue
Overhead Utility Lines:
� Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines
adjacent to a development to be placed underground or, at the election of the developer, a
fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines
are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to
$ 35.00 per lineal foot of street frontage that contains the overhead lines.
There are existing overhead utility lines which run adjacent to this site along SW Murdock
Street and 103�d Avenue. Prior to final plat approval, the applicant shall either place these
utilities underground, or pay the fee in-lieu described above.
Sanitarv Sewers:
The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in Murdock Street
and an 8-inch line located in 103�d Avenue. The proposed development must be connected to a
public sanitary sewer. It is the developer's responsibility to connect each parcel to the public sewer.
The applicant may also have to extend the public sewer to serve fhe parcel fo the north.
Water Supply:
The City of Tiqard (Phone:(503) 639-4171) provides public water service in the area of this site. This
service provider should be contacted for information regarding water supply for your proposed
development.
Fire Protection:
Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010]
provides fire protection services within the City of Tigard. The District should be contacted for
information regarding the adequacy of circulation systems, the need for fire hydrants, or other
questions related to fire protection.
Storm Sewer Improvements:
All proposed development within the City shall be designed such that storm water runoff is conveyed
to an approved public d�ainage system. The applicant will be required to submit a proposed storm
CITII OF TI6ARD Pre-Applkatl�n C���r�nce N�[es Page 3�f 6
F��I■••nq�.r�rt�..t a•ctl..
� drainage plan for the site, a� nay be required to prepare a sur ;in drainage analysis to ensure
that the proposed system wil� ,;ommodate runoff from upstream p,.,aerties when fully developed.
Provide storm calculations for stormwater runoff and indicate where it wiU be directed. If directing
runoff to the ditch, the applicant should make a freld assessment of the ditch capacity and determine if
the ditch shou/d be cleaned/regraded.
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) This lot is in Sewer Reimbursement District 27. Applicant shall contact the City of required
reimbursement fees to be paid.
TRAFFIC IMPACT FEES
In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance. The Traffic
Impact Fee program collects fees from new development based on the development's projected
impact upon the City's transportation system. The applicant shall be required to pay a fee based upon
the number of trips which are projected to result from the proposed development. The calculation of
the TIF is based on the proposed use of the land, the size of the project, and a general use based fee
category. The TIF shall be calculated at the time of buildinq permit issuance. In limited
circumstances, payment of the TIF inay be allowed to be deferred until the issuance of an occupancy
permit. Deferral of the payment until occupancy is permissible o� when the TIF is greater than
$5,000.00.
Pay the TIF
CIT11 OF TI6ARD Pre-Applicatlen Comerence N�tes Page 4 of 6
E�'I��erin0 O�putment Ssctlr�
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 musi obtain that
permit prior to release of any permits from the Building Diuision.
Buildinq Division Permits:
The following is a brief overview of the type of permits issued by the Building Division. For a more
detailed explanation of these permits, please contact the Development Services Counter at
503-639-4171, ext. 304.
Site Improvement Permit (SIT). This permit is generally issued for all new commercial,
industrial and multi-family projects. This permit will also be required for land partitions where lot
grading and private utility work is required. This permit covers all on-site preparation, grading
and utility work. Home builders will also be required to obtain a SIT permit for grading work in
cases where the lot they are working on has slopes in excess of 20% and foundation
excavation material is not to be hauled from the site.
Building Permit (BUP). This permit covers only the construction of the building and is issued
after, or concurrently with, the SIT permit.
Master Permit (MST). This permit is issued for all single and multi-family buildings. It covers all
work necessary for building construction, including sub-trades (excludes grading, etc.). This
permit can not be issued in a subdivision until the public improvements are substantially
complete and a mylar copy of the recorded plat has been returned by the applicant to the City.
For a land partition, the applicant must obtain an Engineering Permit, if required, and return a
mylar copy of the recorded plat to the City prior to issuance of this permit.
CITY OF TI6ARD Pro-Appllcatl�n C�meronce Netcs Page 9�16
Eq��.•d���.r�rtw..t a•en.�
' Other Permits. TherF � other special permits, such as r `�anical, electrical and plumbing
that may also be requ,. .. Contact the Development Servic�.. �ounter 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°/o 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: � � � � . - �=�_ . —d S
ENGINEERING DEPARTMENT STAff DATE
Phone: [5031639�4171
Fax: [50316240752
document3
Revised: September 2,2003
CIT1f OF TI6ARD Pro-Applicatlon Conferonce N�tes Page 6 tf 6
�.'i.•.n.�e.�ar�..■ca•cn•�
� �ITY OF TIGARD
.i.__�.
PRE-APPLICATION CONFERENCE NOTES �an„�,�;II�y����.,��pm�nt
Shaping,1�aetLesCommunity
(Pre-Application Meeting Notes are Yalid for Six (6) Months)
PRE-APP.MTG.DATE: �-
STAFF AT PRE-APP.: �+f' n'1
_- - — _ _ -- RESIDENTIAL
APPLICANT: /i?/lf//��� /I��TCi`/CLL /f'.�T��-���c� AGENT:
Phone: ��'.3� }9fs - vE b'6 —T� Phone: �_ )
PROPERTY LOCATION:
ADDRESS/GENERAL LOfATION: 1 L' �-�- 5 5 t-�= jr�c,�x.�cc K s l, 7ic����,�� Cl� �%���
TAX MAP(S)/LOT #(S): 2 S P(I �'� �- -�' Z-��U
NECESSARY APPLICATIONS: ���;:��� 1..�1�v%� i�i3k'T/7/��'t?
PROPOSAL DESCRIPTION: _���i>z� 77 ,�/� ����. >/�i�--c �— �''i�'cc�-2 /.�� ,��� 7/>"i,«,
COMPREHENSIVE PLAN �
MAP DESIGNATION: !-�c-�- � , � � ,
ZONING MAP DESIGNATION: ,C r�S ( /v� �'��� S� r'»/i� ,�C'7�S"i zt'�
i0NIN6 DISTRICT DIMEMSIONAL REQUIREMENTS [Refer to Code Sectlon 18. S—/� 1
MINIMUM LOT SIZE: rt���% sq. ft. Average Min. lot width: �r ft. Max. building height: ;� ft.
SeWackx Front ,Zu ft. Side�ft. Rear,j�ft. Corner�ft. from street.
MAXIMUM SITE COVERAGE: % Minimum landscaped or natural vegetation area: -- %.
GARAGES: f?� ft.
❑ NEI6HBORHOOD MEETIN6 [Refer to the Neighborhood Meeting NandouU
THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED
PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two
(2) weeks befinreen the mailing date and the meeting date is required. Please review the Land Use
Notification handout concerning site posting and the meeting notice. Meetinq is to be held prior to
submittinq your application or the application will not be accepted.
* NOTE: In order to also preliminarily address building code standards, a meeting with a Plans
Examiner is encouraged prior to submittal of a land use application.
CITY OF TIGARD Pre-Application Conference Notes Page 1 of 9
Residenfial ApplicationlPlanning Division Section
� NARRATIYE [Refer to Code Cha,._.:r 18.3901
The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable
approval standards. Failure to provide a narrative or adequately address criteria would be reason to
consider an application incomplete and delay review of the proposal. The applicant should review
the code for applicable criteria.
'� IMPACT STU�Y (Refer to Code Sectlons 18.390.040 and 18.390.050]
As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE
AN IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the
development on public facilities and services. The study shall address, at a minimum, the
transportation system, including bikeways, the drainage system, the parks system, the water system,
the sewer system and the noise impacts of the development. For each public facility system and type
of impact, the study shall propose improvements necessary to meet City standards, and to minimize
the impact of the development on the public at large, public facilities systems, and affected private
property users. In situations where the Community Development Code requires the dedication of real
property interests, the applicant shall either specifically concur with the dedication requirement, or
provide evidence which supports the conclusion that the real property dedication requirement is not
roughly proportional to the pro�ected impacts of the development.
� ACCESS [Refer to Chapters 18.705 and 18.7651
Minimum number of accesses: � %��� Minimum access width: /S� �
Minimum pavement width: �L�
❑ 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 CAICULATIOM [Refer to Cod�Chapter 18.7151-SEE D(AMPLE BELOW.
The NET RESIDENTIAL UNITS ALLOWED on a particular site may be calculated by dividing the net
area of the developable land by the minimum number of square feet required per dwelling unit as
specified by the applicable zoning designation. Net development area is calculated by subtracting
the following land area(s) from the gross site area:
All sensitive lands areas includinq:
➢ Land within the 100-year floodplain;
➢ Slopes exceeding 25%;
➢ Drainageways; and
> Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts.
Public riqht-of-way dedication:
� Single-family allocate 20% of gross acres for public facilities; or
� Multi-family allocate 15% of gross acres for public facilities; or
➢ If available, the actual public facility square footage can be used for deduction.
EKAIMPLE Of RESIDENTIAL DENSITY CALCULATIONS:
EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMUM LOT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS
Single-Family Mu�i-Family
43,560 sq. ft. of gross site area 43,560 sq. ft. of gross site area
8,712 sq. ft. (20%)for public riqht-of-way _6,534 sp. ft. (15%)for qublic right-of-way
NET: 34,848 square feet NET: 37,026 square feet
- .050 (minimum lot area) - minim m I r
= 11A Units Per Acre = 1 .1 Units Per Acre
�ihe�ere1�D��C�de r�qWres that the pet site�r�9 e�st Ur tl�e next whole dweNing aaN.NO ROUNDINC UP IS PERMIITEO.
�Minfmnm Pniect Densfql Is BOX N the ma�mum allowed denslql.TO DETERMINE TNIS STANDARD,MULi1PLY THE MIWMOM NUM6ER OF UNITS BY.Q.
CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9
Residential Applica6onlPlanning Division Section
,
,�3>�����;�
� i Ts�ss�-
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_ � ��o yL�'��=� s=
2 � `7�S
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• ❑ SPECIAL SETBACKS [Refer to' p Section 18.T30)
'' STREETS: feet from the centerline of
➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures.
➢ ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained
between each dwelling unit or garage.
� MULTI-FAMILY RESIDENTIAL building separation standards apply within multiple-family
residential developments.
ACCESSORY STRUCTURES UP TO 528 SQUARE FEET in size may be permitted on lots less
than 2.5 acres in size. Five (5)-foot minimum setback from side and rear lot lines.
ACCESSORY STRUCTURE UP TO 1,000 SQUARE FEET on parcels of at least 2.5 acres in size.
[See applicable zoning district for the primary swctures'setback requirements.l
❑ FlA6 LOT BUILDIM6 HEI6NT PROVISIONS [Refer to Code Chapter 18.7301
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-40 zones provided that the standards of Section 18.730.010.C.2 are
satisfied.
❑ BUFFERIN6 AND SCREENIN6 [Ref�r 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 o� be occupied by
vegetation, fences, utilities, and walkways. Additional information on required buffer area materials
and sizes may be found in the Development Code.
The ESTIMATED REQUIRED BUFFERS applicable to vour qroposal area is:
Buffer Level along north boundary. Buffer Level along east boundary.
Buffer Level along north boundary. Buffer Level along east boundary.
IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG:
� LANDSCAPIN6 [Refer to Code Chapters 18.745,18.765 and 18.7051
STREET TREES ARE REQUIRED FOR ALL DEVELOPMENTS FRONTING ON A PUBLIC OR
PRIVATE STREET as well as driveways which are more than 100 feet in length. Street trees must
be placed either within the public right-of-way or on private property within six (6) feet of the right-of-
way boundary. Street trees must have a minimum caliper of at least two (2) inches when measured
four (4) feet above grade. Street trees should be spaced 20 to 40 feet apart depending on the
branching width of the proposed tree species at maturity. Further information on regulations
affecting street trees may be obtained from the Planning Division.
A MINIMUM OF ONE (1) TREE FOR EVERY SEVEN (7) PARKING SPACES MUST BE PLANTED
in and around all parking areas in order to provide a vegetative canopy effect. Landscaped parking
areas shall include special design features which effectively screen the parking lot areas from view.
❑ RECYCLIN6 [Refer to Code Chapter 18.7551
Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND 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 TI�ARD Pre-Application Conference Notes Page 3 of 9
Residen6al Application/Planning Division Section
• � PARKIN6 [Refer to Code Chap 18.765 a 18.7051
ALL PARKING AREAS ANu DRIVEWAYS MUST BE PAVED.
� ➢ Single-family............ Requires: One (1) off-street parking space per dwelling unit; and
One (1) space per unit less than 500 square feet.
➢ Multiple-family.........Requires: 1.25 spaces per unit for 1 bedroom;
1.5 spaces per unit for 2 bedrooms; and
1.75 spaces per unit for 3 bedrooms.
Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of
guests and shall consist of 15% of the total required parking.
NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED
AS COMPACT SPACES. Parking stalls shall be dimensioned as follows:
➢ Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches.
➢ Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches.
➢ Handicapped parking: All parking areas shall provide appro�riately 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 te Code Sectlon 18.7651
BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in
convenient locations.
❑ SENSITIYE LANDS [Refer to Code Chapter 18.7151
The Code provides REGULATIONS FOR LANDS WHICH ARE POTENTIALLY UNSUITABLE FOR
DEVELOPMENT DUE TO AREAS WITHIN THE 100-YEAR FLOODPLAIN, NATURAL
DRAINAGEWAYS, WETLAND AREAS, ON SLOPES IN EXCESS OF 25 PERCENT, OR ON
UNSTABLE GROUND. Staff will attempt to preliminary identify sensitive lands areas at the pre-
application conference based on available information. HOWEVER, the responsibility to precisely
identifv sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas
meeting the definitions of sensitive lands must be clearlv indicated on plans submitted with the
development application.
Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands
areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS.
❑ STEEP SLOPES tRefer to Code Sectlen 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 be 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 0 96-�14/USA Regulations-Chapter 3]
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:
CITY OF TIGARD Pre-Application Conference Notes Page 4 of 9
Residential ApplicationlPlanning Division Section
• 'ABLE 3.1 VE6ETATED CORRIDOR WIDTIf
SOURCE: CWS DESI6N w..�CONSTRUCTION STANDARDS MANUAURlaOLUTION 8 ORDER 96-44
SENSITIVE AREA DEFINITION SLOPE ADJACENT� WIDTH OF VEGETATED
TO SENSITIVE AREA CORRIDOR PER SIDE
♦ Streams with intermittent flow draining: <25% 15 feet
� 10 to <50 acres
� >50 to <100 acres 25 feet
• Existing or created wetlands <0.5 acre 25 feet
• Existing or created wetlands >0.5 acre <25% 50 feet
• Rivers, streams, and springs with year-round flow
. Streams with intermittent flow draining >100 acres
. Naturai lakes and onds
. Streams with intermittent flow draining: >25% 30 feet
� 10 to <50 acres
� >50 to <100 acres 50 feet
• Existing or created wetlands >25% Variable from 50-200 feet. Measure
• Rivers, streams, and springs with year-round flow in 25-foot increments from the starting
• Streams with intermittent flow draining >100 acres point to the top of ravine (break in
• Natural lakes and ponds <25%slope), add 35 feet past the top
of ravine3
Starting point for measurement = edge of the defined channel (bankful flow) for streams/rivers, delineated wetland boundary, delineated spring
boundary, and/or average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs, located a minimum of 15
feet within the rivedstream or wetland vegetated corridor,shall not serve as a starting point for measurement.
a1/egetated corridor averaging or reduction is allowed only when the vegetated corridor is cert�ed to be in a marginal or degraded condition.
3The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to
15 feet,rf a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine.
Restrictions in the Vegetate Corridor:
NO structures, development, construction activities, gardens, lawns, application of chemicals,
dumping of any materials of any kind, or other activities shall be permitted which otherwise detract
from the water quality protection provided by the vegetated corridor, except as provided for in the
USA Design and Construction Standards.
Location of Veqetated Corridor:
IN ANY RESIDENTIAL DEVELOPMENT WHICH CREATES MULTIPLE PARCELS or lots intended
for separate ownership, such as a subdivision, the vegetated corridor shall be contained in a
separate tract, and shall not be a part of any parcel to be used for the construction of a dwelling unit.
�—� CWS Service Provider Letter:
PRIOR TO SUBMITTAL of any land use applications, the applicant must obtain a CWS Service
Provider Letter which will outline the conditions necessary to comply with the R&O 96-44 sensitive
area requirements. If there are no sensitive areas, CWS must still issue a letter stating a CWS
Service Provider Letter is not required.
❑ SI6NS [Refer to Code Chapier 18.7801
SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of
Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or
height beyond Code standards may be permitted if the sign proposal is reviewed as part of a
development review application. Alternatively, a Sign Code Exception application may be filed for
Director's review.
� TREE REMOVAL PLAN REQUIREMENTS [Refer to Code Seciion 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,_pa_�rtition, site development review, planned development,
or conditional use is filed. Protection is pre erf r^ e�Tc 'over removal where possible.
CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9
Residential Application/Planning Division Section
. THE TREE PLAN SHALL '� 'CLUDE the following:
➢ Identification of thr. ,�cation, size, species, and condition �� all existing trees greater than 6-
inch caliper.
➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in
caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according
to the following standards and shall be exclusive of trees required by other development code
provisions for fandscaping, streets and parking lots:
. Retainage of less than 25% of existing trees over 12 inches in caliper requires a
mitigation program according to Section 18.150.070.D. of no net loss of trees;
. Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that
two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of from 50 to 75% of existing trees over 12 inches in caliper req uires 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 Secden 18.790.060.E1
REPLACEMENT OF A TREE shall take place according to the following guidelines:
➢ A replacement tree shall be a substantially similar species considering site characteristics.
➢ If a replacement tree of the species of the tree removed or damages is not reasonably
available, the Director may allow replacement with a different species of equivalent natural
resource value.
➢ If a replacement tree of the size cut is not reasonably available on the local market or would
not be viable, the Director shall require replacement with more than one tree in accordance
with the following formula:
. The number of replacement trees required shall be determined by dividing the
estimated caliper size of the tree removed or damaged, by the caliper size of the
largest reasonably available replacement trees. If this number of trees cannot be
viably located on the subject property, the Director may require one (1) or more
replacement trees to be planted on other property within the city, either public property
or, with the consent of the owner, private property.
➢ The planting of a replacement tree shall take place in a manner reasonably calculated to
allow growth to maturity.
IN LIEU OF TREE REPLACEMENT under Subsection D of this section, a party may, with the
consent of the Director, elect to compensate the City for its costs in performing such tree
replacement.
�. CLEAR VISION AREA [Refer to Code Chapter 18.7951
The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND
EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size
of the required clear vision area depends upon the abutting streeYs functional classification and any
existing obstructions within the clear vision area. The applicant shall show the clear vision areas on
the site plan, and identify any obstructions in these areas.
CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9
Residential Application/Planning Division Sec6on
• � FIITURE STREET PLAN AND IXTE' 1N OF STREETS [Refer to Code Sectlon '10.030.F.1
A FUTURE STREET PLAN shall:
➢ Be filed by the applicant in conjunction with an application for a subdivision or artition. The
plan shall show the pattern of existing and proposed future streets from the boun aries of the
proposed land division and shall include boundaries of the proposed land division and shall
include other parcels within 200 feet surrounding and adjacent to the proposed land division.
➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and
pedestrian facilities on or within 500 feet of the site.
Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall
be extended to the boundary lines of the tract to be developed.
❑ ADDITIONAL LOT DIMENSIONAI REQUIREMENTS [Refer to Code Section 18.810.0601
MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process.
Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum
15-foot wide access easement.
The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'/2 TIMES THE AVERAGE WIDTH, unless the
parcel is less than 1'/�times the minimum lot size of the applicable zoning district.
❑ BLOCKS [Refer to Code Secdon 18.810.0901
The perimeter of BLOCKS FORMED BY STREETS SHALL NOT EXCEED 1,800 FEET measured
along the right-of-way center line except where street location is precluded by natural topography,
wetlands or other bodies of water or, pre-existing development.
When block lengths greater than 330 feet are permitted, pedestrian/bikeways shall be provided
through the block.
CODE CHAP'iERS
_ 1 S.33O(Condi6onal Use) �S.BZO(Tgard Triangle Desgn Standards) � 18.765(Off-Street Parkingl�oading Requirements)
_ 18.340(Directors Interpretation) 18.630(Washington Square Regional Center) _ 18.775(Sensitive Lands Review)
_ 18.350(P�anned oevebPment) ��18.705(Access�9ress��ircu�ation) — 18.780(sgns)
_ 18.360(site�eve�opment Review) �H.7�O(Aocessory Residential UniLs) _ 'I 8.7H5(Temporary Use Pertnits)
_ 18.370(varianceslAdjustrnerns) ✓18.715(�ensity Computations) ✓ 18.790(Tree Remova�)
_ 18.380(z���►�prr�a,��a��) �S.�ZO(Desgn Compatibility Standards) ��5.795(Visual Clearance Areas)
_ 15.385(Misoellaneous Permits) 'I8.7Z5(Environmental Performance Standards) 18.798(Wireless Communication Faci�ities)
� �8.390(Dedsion Making Proceduresllmpad Study) �H.73O(F�cceptions To Devebpment Standards) ✓18.81 O(5treet&Uti�ity Improvement Standards)
_ �H.4�O(Lot Line Adjustrnents) 18.740(Historic over�ay) _
� 18.420(lznd Partitions) 18.742(Home Oocupation Pemi�s)
_ 18.430(Suedivisions) ✓18.745(�andscaping 8 Saeening Standards)
_� 18.51 O(Residentia�Zoning Districts) �H.75O(ManutacturedlMobil Home Regulations)
_ 18.520(Commerdal Zoning Districts) 18.755(Muced so��d waste�tec.ydmy smraye)
_ 18.530(�ndustria�Zoning Districts) 18.760(Noncontorming Situations)
CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9
Residential ApplicatioNPlanning Division Section
• ADDITIONAL CONCERNS OR COMMEN"
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t�G�1'u-��t �
PROCEDURE
✓ Administrative Staff Review.
Public hearing before the Land Use Hearings Officer.
Public hearing before the Planning Commission.
Public hearing before the Planning Commission with the Commission making a
recommendation on the proposal to the City Council. An additional public hearing shall be
held by the City Council.
APPLICATION SUBMITTAL PROCESS
All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE: A lications
submitted b mail or dro ed off at the counter without Plannin �vision acce tance ma e
returne . e anninq counter closes at 5:
Ma s submitted with an a lication shall be folded IN ADVANCE to 8'/2" x 11". One 8'/�" x 11"
ma o a ro ose ro ect s a a so e su mitte or attac ment to t e sta re ort or
a ministrative decision. pplications wit un o ed maps s al not be accepted.
The Planning Division and Engineering Department will perForm a preliminary review of the
application and will determine whether an application is complete within 30 days of the counter
submittal. Staff will notify the applicant if additional information or additional copies of the submitted
materials are required.
CITY OF TIGARD Pre-Application Conference Notes Page 8 of 9
Residential Applica6on/Planning Division Section
• The administrative decisi � public hearing will typically occur � roximately 45 to 60 days after an
application is accepted a. �ng complete by the Plannin� Divisi�.. . Applications involving difficult or
protracted issues or requiring review by other jurisdictions may take additional time to review.
Written recommendations from the Planning staff are issued seven (7) days prior to the public
hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter
would be heard by the Tigard rfr�����c_•L n=F�«�Z . A basic flow chart
which illustrates the review process is available from the Planning Division upon request.
Land use applications requiring a public hearing must have notice posted on-site by the
applicant no less than 10 days prior to the public hearing.
This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE
INTENDED T� INFORM the prospective applicant of the primary Community Development Code
requirements applicable to the potential development of a particular site and to allow the City staff
and prospective applicant to discuss the opportunities and constraints affecting development of the
site.
SUBDIVISION PLAT NAME RESERYATION [County Surveyo�s O�ice: 503-648-88841
PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard,
applicants are reqU� ired to complete and file a subdivision pfat 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 F�R
REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by
the Building Division will not be granted until there is compliance with all conditions of
development approval. These pre-application notes do not include comments from the
Building Division. For proposed buildings or modifications to existing buildings, it is
recommended to contact a Building Division Plans Examiner to determine if there are
building code issues that would prevent the structure from being constructed, as proposed.
Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be
demolished has system development charge (SDC) credits and the underlying parcel for that
structure will be eliminated when the new plat is recorded, the City's policy is to applv those svstem
development credits to the first buildinq permit issued in the develoqment (UNLESS OTHERWISE
DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED).
e con erence an notes cannot cover a o e requirements an aspects re ate , to
site planning that should ap ply to the develo p,ment of your site plan., Failure of the staff to provide
information required by the Gode shall not constltute a waiver of the applicable standards or requirements.
It is recommended that a prospectiye applicant either obtain and read the Community Development Code or
ask any questions of City staff relative to Code requirements prior to submitting an application.
AN ADDITIDNAL 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: I f�� ' r �� �t.
fITY OF TIGARD LA NIN DIYISION - STAFF PERSON HOLDING PRE-APP. MEETING
PHONE: 503-639-4171 FAl(: 503-684-1297
EMAIL• (swff's frst narrie)U�ci.tiga�d.o�.us
TITLE 18(CITY OF TIGARD'S COMMUNITY DEYELOPMENT CODE)INTERNET ADDRESS: WWW.CI.tigard.Ot'.OS
H:lpattylmasterslPre-App Notes Residential.doc Updated: 15-Dec-04
(Engineering section:preapp.eng)
CI7Y OF TIGARD Pre-Application Conference Notes Page 9 of 9
Residential Application/Planning Division Section
i
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September 27, 2006 / G��,Gi�%
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Mitchell & Galich Partition �,� �
MLP2005-00009 � �j'
7� ��� � ��
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Tree Deed Restriction for Lots �� -�'�
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TO: Gary
For condition #17
Thank you,
Maris
. , W- �ton Counry,Orego� 20QS-107904
, , 0: J06 10:09:55 AM
D-Rio Cnt=1 Stn=21 RECORD87
510.00 S8.00 511.00•Total=S27.00
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01007884200601079040020021
I,Rlchud Hobsmlcht,Dlnctor of At�eesment�nd .,�,'`
T�zatlon�nd Ex-OTlclo County Cl�rk forVY�shlnyton :-,:
County,Onpon,do h�nby c�rtlfy th�t th�withln ,_.�;,,
Imtrum�nt of wAUnp wat nulv�d�nd ncord�d In th��.�;. . ' �..�� •.
EooM W ntord�of�dd yayr+�y. � ] �I . '.� 1�:,.,
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After Recording Return To:
Michael Mitcliell&Patricia Galich
10205 SW Murdock St.
Tigard, OR 97224
DEED RESTRICTION ON 14730 S.W. 103RD AVE.
Michael W. Mitchell and Patricia Galich(hereinafter tl�e "Owners") are the owners of the real property located at 14730
S.W. 103`d Ave., a portion of Lot 23, "Tigardville Heights," City of Tigard, Washington County, PARTITION PLAT
NO. 2006-044 Washington county plat records, Oregon(hereinafter the"Property").
In accordance with the Conditions of Approval for Minor Land Partition 2005-00009, Section 18.790.040, the Owners
hereby impose restrictions on the Property. The following restrictions are imposed upon the Property, its present and
any future owners (including heirs to the above described Owners), their authorized agents, assigns, employees or
persons acting under their direction or control:
Any tree larger than 12 inches in diameter shall not be removed unless the tree dies or is hazardous according to
a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in
accordance with this section should either die or be removed as a hazardous tree.
Approved by Property Owners -
� '%
,����� �� z�� - � - __ `� � �-1 z� � �
ignature ate Signature Date
Michael W.Mitchell Patricia Galich
Printed Name Printed Name
ACKNOWLEDGEMENT:
State of Oregon )
SS
County of Washington )
THIS 1NSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON
� BY PATRICIA GALICH AND MICHAEL W. MITCHELL.
�
�� ,�
� '% , ;
��r�� ER{N L�OE ME
OTARY SIG�A"I'URE NOTARY PUBLIC-0REGON
COMMISSION N0.405792
AAY COMMISSION IXPIRES MAY 8,2010
NO"I�ARY PUBLIC--OREGON
COMMISSION NO.:�V Z.
MY COMMISSION �XPIRES: _C t�
WashingtonCounry,Oregon 2�06-107903
� ' ' • 0� )0610:08:33 AM
�� Cnt=1 Stn■21 RECORD61
510.00 58.00 S 7 7.00•Total=S27.00
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01007882200601079030020025
I,Rich�rd Hob�mlcht,Dlnctor of Assrnmsnt�nd • �^�,
T�xation�nd E:-Officlo County CI�rN for Wuhlnpton ���""' �
County,Or�yon,do h�r�by urtlfy that th�wlthin `��-
Instrum�nt of wrtUnp wat ncNv�d and ncord�d In th�����': '��
book of ntordt of sdd�Syr� � � �I , � '�� ' �' '�'`
C.f�aV..JC �i}pGEH �w�:�:.;
RlchW W.Hob�micht,Dlr�ttor of Aup�m�nt md �^�s��.
T�x�tlon,Exdfflclo Courrty Cl�r1� �""'!
Atter I2ecording Keturn"To:
Michael Mitchell &Patricia Galich
10205 SW Murdock St.
Tigard,OR 97224
DEED RESTRICTION ON 10233 S.W-MLTRD�CK STREET
" are the owners of the real property located at 10233
Michael W. Mitchell and Patricia Galich(hereinafter the "Owners )
S.W. Mur
dock St., a portion of Lot 23, "Tigardville Heights," City of Tigard, Washington County, PARTITION PLAT
Np. 2006-044 Washington county plat records,Oregon(hereinafter the"Property" .
roval for Minor Land Partition 2005-00009, Section 18.790.040, the On nd
In accordance with the Conditions of App �ents, assi ns, employees or
hereby impose restrictions on th� Property. ab�vef de�cribed Owneo)S their authorized a�he Propeg> P
any future owners (including heirs to the
persons acting under their direction or control:
ved or wil] be considered invalid if a tree preserved in
An tree larger than 12 inches in diameter shall not be�removed unless the tree dies or is hazardous accordmg to
Y
a certified arborist. The decd restriction may be rem
accordance with this section should either die or be removed as a hazardous tree.
ppproved by Property Owners __ /) Z 3 G(�
��/ Z3/�u� c�� � Date
' Date Signature
ignature =
Patricia Galich
Michael W.Mitchell YrintedName
Printed Name
ACKN�W LEDGEMENT:
State of Oregon ) SS
County of W ashington )
TNIS INSTRUMENT WAS ACKNOwLE1�GED BEFORE ME ON
��BY PATRICIA GALICH AND MICHAEL W.MITCHELL.
OfFIC1AL SFJaL
�-- ERIN L BOEHME
NOTARY S]GNA' E NOZp,RY PUBLIC-0REGON
COMMISSI�N NO•405792
N(Y COMMIS510N DCPIRE5 MAY B,2010
NOTARY PUBLIC—OREGON
COMMISSION NO.: �
05�1�12
MY COMMISSION EXPIRES: � �
�
FAX TRANSMITTAL
,.��_ ;.
Date March 5, 2008
Number of pages including cover sheet 6
To: Steve Gibson From: Todd Prager
Co: Roundstone Development Co: City of Tiqard
Fax #: 503 526-3548 Fax#: 503 718-2748
Ph #: (503) 639-4171, Ext. 2700
SUBJECT: Mitchell Galich Partition Tree Plan (MLP2005-00009)
MESSAGE:
Dear Steve,
Here is the Tree Protection Plan for the Mitchell Galich Partition.
Please do not hesitate to contact me if you have any questions regarding the
requirements.
Sincerely,
Todd Prager
City Arborist
503 718-2700
I:�ENG�FAX.DOT
0�/07/2006 14:25 503625617q PRIDE DISPOSAL COMPM PAGE 05/07
�
P *R *1 * D� �
DISPOSAL C4MPANY
P.�. Box 820 Sherwood, OR 97140 (503)625-6177
August 7, 2006
Bethany Stewart, Eng Tech I
Devefopment Engineering
13125 SW HaII Blvd
Tigard, OR 97223
Re: Mitchell-Galich Partition �' /"�� P .�t°c� '- ���'�'��`�
We have reviewed the site plan for the abave-merrtioned partition, and at this time we do
not have any comment. Because al}parcels will have strcet access, we will be ab�e to
access the homes from Murdock St ot- 103`� Ave. If there is further developrnet�t on any
of the parceas that involves a private drive to access the home, we will still require that
the totes be brought to the public streets �o�collection.
�f you have any additional questions, feel free to comtact me.
Sincerely,
���1�
Kristin I.,eichner
Pride Disposal Company
kristinl@pri dedi sposal.comn
(503) 625-6177 *124
6;��- Printed on I00°.o recycled paper.
Todd
503 718-2700
From: Todd Prager
Sent: Monday, March 03, 2008 10:44 AM
To: 'steveg@roundstoneproperties.com'
Subject: Site plan for parcel 2 of Mitchell and Galich Partition
Dear Steve,
I reviewed your site plans for parcel 2 of the Mitchell and Galich Partition and have the following required revisions:
1. Trees 1, 2,4, 5, and 15 need to be shown on the plans with their canopy driplines and tree protection fencing shown
to scale per the project arborist report of 3/28/OS.
2. Two 2.5" caliper street trees are required per the project arborist report dated 3/28/05. The species can be either
Raywood Ash or Stryax japonica.
Please submit these revisions with a signature of approval from your project arborist. The arborist shall also submit a
statement describing whether the existing trees were adequately protected during site development and the tree
protection fencing is in place as required to protect the trees through construction. The project arborist is Raymond
Myer with Tree Care and Landscapes Unlimited. His phone number is 503 781-6626.
Please do not hesitate to contact me if you have any questions.
Sincerely,
Todd Prager
City of Tigard
City Arborist
503 718-2700
2
Todd Prager
From: Todd Prager
Sent: Thursday, March 13, 2008 11:02 AM
To: 'steveg@roundstoneproperties.com'
Subject: FW: Site plan for parcel 2 of Mitchell and Galich Partition
Dear Steve,
I reviewed your revised site plan for parcel 2 of the Mitchell and Galich Partition and have the following required
revisions:
1. Trees 1, 2,4, 5, 15, 17, and 18 need to be shown on the plan with their canopy driplines and tree protection fencing
shown to scale per the project arborist report of 3/28/05.
2. Two 2.5" caliper street trees are required per the project arborist report dated 3/28/05. The species can be either
Raywood Ash or Stryax japonica. Please indicate the size and species of trees to be planted on the plan.
Please submit these revisions with a signature of approval from your project arborist. The arborist shall also submit a
statement describing whether the existing trees were adequately protected during site development and the tree
protection fencing is in place as required to protect the trees through construction. The arborist statement is required
bv conditions 15, 16,and 20 for the Mitchell Galich Partition (MLP2005-00009). The project arborist is Raymond Myer
with Tree Care and Landscapes Unlimited. His phone number is 503 635-3165. However, you are allowed to use a
different certified project arborist if you so choose.
Please do not hesitate to contact me if you have any questions.
Sincerely,
Todd Prager
City of Tigard
City Arborist
503 718-2700
From: Todd Prager
Sent: Tuesday, March 04, 2008 4:58 PM
To: Todd Prager; 'steveg@roundstoneproperties.com'
Subject: RE: Site plan for parcel 2 of Mitchell and Galich Partition
Dear Steve,
I received your message about the Mitchell Galich Partition. Just to be sure we are talking about the same project, the
file number for the project I am looking at is MLP2005-00009 and the address is listed as 10205 SW Murdoch Street. I
did verify that the project arborist for MLP2005-00009 was Ray Myer. I see that his phone number has changed from
the one listed on his March 28, 2005 report. His new number is 503 635-3165.
Let me know if you have any other questions.
Tha n ks,
i
Todd Prager
From: Michael Mitchell [iceink1 @gmail.com]
Sent: Monday, March 17, 2008 10:13 AM
To: Todd Prager
Subject: Re: Mitchell/Galich Partition Tree Remediation
My numbers:
503 620 3203 home
503 708 8313 cell
On Fri, Mar 14, 2008 at 6:57 PM, Michael Mitchell <iceinkl(�a,gmail.com> wrote:
Depending on how you count, we have, in the last two years, planted 8 trees with a cumulative diameter of 36
inches.
Would like to meet with you Monday on site if possible to review the trees planted and receive your guidance
on what remains to be done. None of the removed trees, damaged in the last two years high winds and diseased,
unsightly firs, are on the lot being sold to and developed by RoundStone.
We went ahead with closing on Friday but need to expedite a resolution to this issue.
Michael Mitchell
503.620.3203
On Fri, Mar 14, 2008 at 2:53 PM, Michael Mitchell <iceinkl�a�,gmail.com> wrote:
Ran across RoundStone's John Gerritz at Tigard where we spoke about the tree mitigation issue. He said there
was an agreement for a $SK hold back for tree mitigation. i want to make sure the $SK goes only to pay
mitigation costs paid to Tigard (not RoundStone's arborist or miscellaneous).
Pat and I have already planted five trees mitigating the diseased and damaged threes removed on the lot not sold
to RoundStone. We plan to plant more trees to fully mitigate rather than pay fees to Tigard.
Are there any other suprises awaiting us at closing, any other fees or holdbacks aside from closing costs
enumerated in the sales contract?
503.620.3203
i
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Todd Prager
From: Michael Mitchell [iceink1 @gmail.com]
Sent: Monday, October 26, 2009 4:39 PM
To: Todd Prager
Subject: Re: Dead Tree
I believe that's tree number 8.
On Mon, Oct 26, 2009 at 4:08 PM, Michael Mitchell <iceinkl �gmail.com> wrote:
I'm more concerned about it after last night's winds it's leaning more toward the road than it was. See attached
photos.
On Mon, Oct 26, 2009 at 2:12 PM, Todd Prager<todd(a�ti ard-or.�> wrote:
If the tree is completely dead, please snap a photo of it and email it to me along with the corresponding tree number so I
can include the infonnation in the land use file. Once you provide the information, I will send approval via email to
remove the tree.
Thanks,
Todd Prager
Associate Planner/Arborist
City of Tigard
503.718.2700
From: Michael Mitchell [mailto:iceinkl(a�gmail.com]
Sent: Monday,October 26,2009 1:58 PM
To: Todd Prager
Subject: Dead Tree
We have a dead tree at 10233 SW Murdock (part of 10205 SW Murdock Minor Land Partition). It is leaning
toward the street and will soon be a hazard. What are the steps for removing it?
Michael Mitchell
503 620 3203
i
Todd Prager
From: Todd Prager
Sent: Wednesday, June 06, 2012 5:04 PM
To: 'Ken Gertz'
Subject: RE: Murdock tree Plan
OK.Thanks for the clarification. -Todd
-----Original Message-----
From: Ken Gertz fmailto:Ken@Gertzco.coml
Sent: Wednesday, June 06, 2012 4:39 PM
To: Todd Prager
Subject: Re: Murdock tree Plan
Todd,
Yes, It is associated with the March 28, 2005 plan I looks like tree 7 is shown as Poor with a Split Trunk and was removed
as hazardous and tree 13 was is because it was under 12" and was not required to be saved.
Make sense to you?
On 6/6/2012 4:31 PM, Todd Prager wrote:
> I looked through the entire file, can did not find any plan that resembles that plan. Is that plan associated with the
March 28, 2005 arborist report? I have a different plan in the file associated with that report. However, I am seeing that
tree 11 (13" Scotch Pine) is shown to be removed in that report (just not on the plan), so we don't have to worry about
preserving tree 11.
>
>Todd
>
>-----Original Message-----
> From: Ken Gertz (mailto:Ken@Gertzco.coml
> Sent: Wednesday,June 06, 2012 4:12 PM
>To: Todd Prager
> Subject: Murdock tree Plan
>
>Todd,
>This is what you have in your file as a tree plan. It looks like what is on the job right now to me.
>
>--
> Ken Gertz
> President
> Gertz Fine Homes
>www.GertzFineHomes.com
>Voice 503-692-3390
> Fax 503-692-5433
>
>
>
>
> DISCLAIMER: E-mails sent or received by City of Tigard employees are subject to public record laws. If requested, e-
mail may be disclosed to another party unless exempt from disclosure under Oregon Public Records Law. E-mails are
i
retained by the City of Tigard in comp��dnce with the Oregon Administrative Rules �ity General Records Retention
Schedule."
Ken Gertz
President
Gertz Fine Homes
www.GertzFineHomes.com
Voice 503-692-3390
Fax 503-692-5433
�
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