MLP2007-00007 ,
NOTICE OF TYPE II DECISION
MINOR LAND PARTITION (MLP) 2007-00007 , `��= i
ANDERSON PARTITION
(Includes a 196-day extension) 120 DAYS =8/23/2008
SECTION I. APPLICATION SLJ�vIMARY
FILE NAME: ANDERSON PARTITION
CASE NOS: Minor Land Partition(MLP) MLP2007-00007
Adjustment (VAR) VAR2007-00009
Ad�ustment (VAR) VAR2007-00010
PROPOSAL: The applicants are requesting approval to partition one 29,580-square foot lot into three (3)
lots of 10,523 square feet, 8,350 s qu�are feet and 7,670 squ_are feet for single-farrvly homes.
The e�sting single-farrvly home w11 remaui on Lot 1. The applicants are also requesting
a p proval for an Ad justment to the access/e gress standards (VAR2007-00009) because the
proposed prn�ate street does not meet the 200-foot spacu�g standard for driveways and streets
on a collector; and for a landscap�ing Adjustment (VAR2007-00010� to use existulg trees as
street trees. NOTE: The applic�zrn had irntiully�uesta;l dpprozrzl to partitzon ore 42,167-sqzeare faat lrx
i�no thr� lats 10,523 squa�fa� 21,047 squa�f�t, and 7,SST sq�ar�fa� Upon �ezreze� �tlae
applicatiar� sta discnzer�l tlx�t tlae prt�pasal did nat�t tl��rtim�nz dertsZty�ua�rn�4 lats and cauld
� �t s platting stanc�in�s l�ause tlaep��sa�aaz�s c�� m�t the starx,�a�zl for 4 lars. To
�sa�ze the issu� the aprlirarrts applial for a lot id n�ad3�ust�rn to�ircp tlae size�the subjat la a� upon
�i-zing lat lzYae ust�r�rn a �usa�tl�eir application to shaz�an ongar�zl lot g�29,580 sq�a�f�t
ratl�er than 42,16 s�t�a�f p�The nun�i� of toral lats �uesta�(3� lkrs nat dxang�l The applicarrts
grarn�l tlae Cr�y a 196-day Pxter�sran�the 120-clay�ule so tlx�t staff c�xrld�ziervtlae d�an�.
APPLICANTS/
OWNERS: Mary Anne and Edward Anderson
PO Box 23593
Tigard, OR 97281
ZONING
DESIGNATION: R-4.5: Low Densi Residential. The R 4.5 zoning district is designed to accommodate
etached single- a 'y homes with or without accessory residential uruts at a minimum lot size
of 7,500 square feet. Duplexes and attached singIe-family units are perniitted conditionally.
Some civic and ulstitutional uses are also pernzitted conditionally.
LOCATION: 12330 SW 121st Avenue;Washington CountyT�Map?S103BA, T�Lot 900.
PROPOSED PARCEL 1: 10,523 Square Feet
PROPOSED PARCEL 2: 8,350 Square Feet
PROPOSED PARCEL 3: 7,670 Square Feet
APPLICABLE
RE VIE W
CRITERIA: Coinmurury Development Code Chapters 18370, 18.390, 18.420, 18.510, 18J05, 18.715,
18J25, 18.730, 18.745, 18J65, 18J90, 18J95 and 18.810.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Communiry Development Director's designee has APPROVED the
request for a Partition and Adjustment to the Access/Egress Standards (VAR2007-00009), subject to certain
conditions, and DENIED the request for a Landscaping Adjustment (VAR2007-00010). The findings and
conclusions on which the decision is based are noted in Section V of this decision.
NOTT� OF DEQSION MLP2007-00007/ANDERSON PARTT7TON PAGE 1 OF 24
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY
ONSITE IMPROVEMENTS, INCI.UDING DEMOLITION, GRADING, EXCAVATION AND/OR
FILL ACI'IVITIES:
e app icant s a contact or su mit e o owing requirements to Ie CI Y�1RBORIS , DD PRAGER
(503) 7t8-2700:
1. Prior to site work, the applicant.shall submit a cash assurance or other means acceptable to.the City�for the
equivalent value of tree rrutigation required at $1?5.00 per caliper inch. If addiuonal miugation trees are
preserved throu h the partition improvements and construction of houses, and are properly�protected through
these stages byt�e same measures afforded to other�protected trees on site, the amount of the cash assurance
mav be correspondingly reduced. Any trees planted on the site or off site in accordance a�ith 18J90.060.D
wilI be credited against the assurance for two y�ears folloa�ng final plat approval. After such time,the applicant
shall pay the ren�auiuig value of the assurance as a fee in-lieu of planting. Any planting by the applicant must
be approved by the Ciry Arborist.
2. Prior to site work, the a,.pplicant shall revise plans. to show tree protection fencing to scale and include a
signature of approval trom their project arbonst on the plans re arding the tree protection zone
reconunendations. The applicant shaIl position fencin per the project ar�orist's recommendations. All trees
to be preserved shall be protected with five or six (�' - 6� foot high chain link fences. Fences are to be
mounted on two inch diameter galvanized iron posts, driven ulto the ground to a depth of at least 2-feet at no
more than 10-foot spacing.
3. Prior to site work, the a�pplicant shall install all proposed tree rotection fencing as approved by the Project
Arborist. The fencin shall be inspected and approved by the �ry Arborist prior to begiruzirig any site work
The tree protection �encing shall rema.in in place through the duration of all of the building construction
phases, until the final inspection has been passed. The applicant shall allow access by the CitX Arborist for the
puspose.of monitoring and inspection of the tree protection to verify that the tree protection measures are
perfonzun adequately. Failure to follow the plan, or maintain tree.protection fencing in the designated
Iocations s�all be rounds for unmediate suspension of work on the site until remediation measures and/or
civil citations can �e processed. After approval from the Ciry Arborist, the tree protection measures may be
removed.
If the Bisilder is di�fferent from the developer or initial applica�tt:
Prior to issuance ot"building pernuts the applicant shall submit site plan drawings indicating.the location of the
trees that were preserved on the lot c�uring site development, location of tree protection.fencuig, and a signature
of approval from the Project Arbonst regarding the placement and construction techruques to.be employ�ed in
buildu�g the structures.. All proposed protection fencing shall be installed and inspected pnor to. beguuung
construction. The fencin shall remain in place through the duc~ation of all of the btulding constnzction phases,
until the final inspection �as been passed. After approval froin the City Arborist,the tree protection measures
may be removed.
4. The applicant shall have an on-�oing responsibility to ensure that the Project Arborist has submitted written
reports to the Ciry Arborist, at least once every two weeks, as the Project Arborist monitors the construction
activities from irutial tree protection zone ('I'PL) fencin installation through the bwlding construction phases.
The reports shall evaluate the condition and location o�.the tree protection fencin determine if any changes
occurred to the TPZ and if any part of the Tree Protection Plan has been violated�f the amount of TPZ was
reduced, then the I�roject Arborist shall justify why the fencing was moved and shall certify that the
construction activities did not adversely�impact the overall, long-term health and stability of the tree�s�. If the
reports are not submitted to the Ciry Arborist at the scheduled intervals, and if it appears the TP s or the
Tree Protection Plan are not bein followed by the contractor or a sub-contractor, the City can stop work on
the project until an inspection can�e done by fhe Ciry Arborist and the Project Arborist.
THE FOLLOWING CONDITIONS SHAI_L BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
e app icant s ia prepare a cover etter an su m�t it, a on wi any suppottin ocuments an or p ans
that address the folIowulg reguirements to the CURRENT �LANNING DIVIS�ON, (503) 639-4171. The
cover letter shall clearly identit-y where in the submittal the required inforniation is found:
5. Prior to final plat approval, the applicant shall rovide evidence that the lot line adjustment survey map for
MIS2008-00007 (Anderson Lot Line Adjustment�was recorded at Washington Counry.
6. Prior to final plat approval, the applicant shall revise the site plan to show side setbacks for Lots 2 and 3 that
comply with tlag lot standards (10 feet).
NOTTC� OF DEQSION MLI'2007-00007/ANDERSON PARTITION PAGE 2 OF 24
7. Prior to final plat approval, the applicant shall revise plans to show screening along the entire length of the
private driveway(Tract B),where it abuts the neighbonng property.
The applicant shall prepare a cover letter and submit it, alon with anv su ortin doctunents and/or plans
that address the }ollowing requirements to tlie ENG�EERII�G �EP�TMENT, ATTN: XIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall cleariy identify where in the submittal the
required information is found:
8. A Public Facility Imp rovement (PFI) pernzit is required for this project to cover utility connections and any
other work in the ublic n ht-of-wa . Six (6) seu of deta�led ublic imp rovement lans shall be submitted for
review to the Eng�eeruzg�epartment. NOTE: these plans are in addition to anPy drawings req�uired by the
Building Division and should only include sheets relevant to public improvements. Pul�lic Facility
Improvement (PFI) perrru�t�p�lans shall conform to Ciry of Tigard Public Improvement Design Standards,
wl-uch are available at City Hall and the Cit�s web page (www.tigard-or.gov).
9. The PFI permit plan submittal shall include the exact legal name, address and tele�phone number of the
individual or corporate entiry who will be designated as the "Pernzitcee", and who wiIl provide the financial
assurance for the public unprovements. For example,specify if the entiry is a corporation,lirruted partnership,
LLC, etc. Also spec�f y the state withui which the entity is ulcorporated and provide the name of the corporate
contact person. Failure to provide accurate inforn�ation to the Engineenng Department will delay processuig
of project documents.
10. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer.
The purpose of this plan is for parking and traffic control during the public improvement construction phase.
11. The City Engineer may detennuie the necessity for, and require submittal and approval of, a construction
access and parkulg plan for the home building phase. If the City Enguleer deems such a plan necessary, the
applicant shall provide the plan prior to issuance of builduig perrruts.
12. Prior to final plat approval,the applicant shall pay the addressing fee. (STAFF CONTACT: Bethany Stewart,
Engineerin�.
13. The applicant shall submit construction plans to the Engu-ieering Department as a part of the Public Faciliry
Avprovement pernut, indicating that theywill construct the followuig frontage improvements along SW 121st
enue as a part of th�s pro�ect:
A. 6-foot concrete sidewall�,curb and gutter where removing existing driveway;
B. street trees in the planter strip spaced per TDC requirements;
C streetlight layout byapplicant's eng�neer,to be approved byCityEngineer;and
D. driveway apron (for pnvate street).
14. The applicant shall revise the utiliry plan to show water meters at the new ROW and the private water lines on
pnvate property(not in the RO�.
15. The final plat shall include private water line easements over Lot 1 and Tracts A and B.
16. The applicant shall revise the utility plan to show the private storm lateral for Lot 2 on private property, not in
the public nght-of-way(RO�.
17. The final plat shall include a private storm sewer easement over Lot 1 and Tracts A and B to serve Lot 2.
18. The applicant's plans shall be revised to show bicycle striping along their frontage.
19. Lots 1 -3 shall not be pernzitted to access directly onto 121st Avenue, except at the approved private street
location. The existing driveway shall be removed.
20. The applicant shall cause a statement to be placed on the final plat that provides a non-access reservation
along the subject site's SW 121st Avenue frontage except at the approved prn�ate street location.
NOTIC�OF DEQSION MLI'2007-00007/ANDERSONPARTTTTON PAGE 3 OF 24
21. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future
improvements of SW 121st Avenue adjacent to the subject property,when anyof the following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the forn�ation of a
Local Improvement D�strict,
B. when the unprovements are part of a larger project to be f inanced or paid f or in whole or in part by the
Ciry or other public agency,
G when the unprovements are part of a larger project to be constructed by a third pacty and involves the
sharing of design and/or construcuon expenses by the third party owner(s) of property in addition to
the subject propeny,or
D. when construction of the improvements is deemed to be appropriate by the City Engineer in
conjunction with construction of unprovements byothers adjacent to the sub�ect site.
22. The ap licant shall cause a statement to be placed on the final plat to indicate that the proposed private street,
Tract � will be jointly owned and mauitained by the private property owners who abut and take access f rom
it.
23. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private
driveway, Tract B, will be 'ointly owned and rnauitained by the pnvate property owners of I.ots 2 and 3 for
access and utilities for lots � and 3 only.
24. The a licant's construction drawings shall show that the pavement and rock section for the proposed private
street�s�shall meet the Ciry's public street standard for a local residential street.
25. An erosion control plan shall be�rovided as part of the Public Faciliry Improvement (PFI) pernlit drawings.
The plan shall conform to the Erosion Prevention and Sediment C;ontrol Design and Planrvng Manual,
Febniary 2003 edition."
'6. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the Cit�s
global positioning sy�stem (GPS)�geodetic control network (GC 22) as recorded in Washington County survey
records. These monuments shall be on the same line and shall be of the same precision as reqwred for the
subdivision plat boundary. Along with the coordinates the plat shall contaui the scale factor to conven
ground measurements to gnd measurements and the ang�e from north to grid north. These coordinates can
be established by.
. GPS tie networked to the Cit}�s GPS survey.
. By random traverse using conventional surveying methods.
?7. Final Plat Application Submission Requirements:
A. Submit for City review four (4) pap er copies of the final plat prepared by a land surveyvr licensed to
practice in Oregon and necessarydata or narrative.
B. Attach a check ui t�e amount of the current final plat review fee (Contact Plaruiing/Engineering Pernut
Technicians,at (503 639-4171,ea�t. 2421).
G The final plat and ata or narrative shall be drawn to the minimum standards set forth by the Oregon
Revised Statutes (ORS 92.05) Washin on County,and by the City of Tigard.
D. The right-of-way dedication �or SW 1�1" Avenue, providuig 35 feet from centerline, shall be made on
the final plat.
E. NOTE: Washin on County will not begin their review of the final plat until they receive notice frorn
the Engineering �epartment indicatuzg that the City has reviewed the fuial plat and submitted
comments to the applicant's surveyor.
F. After the Ca ty and C:oun have reviewed the final�plat, submit two m y lar co pies of the final plat for
Cat�� Engineer signature�for partiuons), or City Engineer and Community Deve lopment Director
signatures (for subdivisions).
NOTTCE OF DEQSION MLI'2007-00007/ANDERSON PARTITION PAGE 4 OF 24
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF SITE OR BUILDING PERMITS:
e app icant s a contact or su mit e o owmg to e Y ARBORIS , D GER 503 718-
2700:
28. Prior to building pemiits, the applicant shall provide a street tree plan. Street trees shall be chosen from the
City of Tigard Street Tree Plantuig List and shall be planted in the dedicated RC�W along the e�sting sidewalk
The size and spacing of street trees shall be ul accordance with 18J45.040.G2. The City Arborist recommends
sinall stature trees,such as Cornus kousa, Syringa reticulate,Magnolia stellata,Acer tatancurn,and Cercis sp.
29. Prior to receiving a buildin �ernzit, the applicant/owner shall record a deed restriction to the effect that any
e�sting tree greater than 1�' diameter may be removed only if the tree dies or is hazardous according to a
certified arbonst. The deed restriction may be removed or will be considered invalid if a tree preserved ul
accordance a�ith this decision should either die or be removed as a hazardous tree.
The applicant shall pmpare a cover letter and submit it, along with any su�poxtiii documents and/or plans
that address the }ollowin requirements to the ENGTNEERII�G DEP�TMENT, ATTN: XIM
MCMILLAN 503-639-4171, �XT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
30. Prior to issuance of building pernuts, the applicant shall provide the Engineering Department with a
"photomylar" copy of the recorded final plat.
31. Prior to issuance of building perniits the applicant shall provide the City with as-built drawings of the public
improvements as follows: 1) 3 mi� my�lar, 2) a diskette of the as-builts in "DWG" format, if ava�lable;
otheravise "DXF" a�i]1 be acceptable and 3) the as-built drawings shall be tied to the Cit�s GPS network The
applicant's engineer shall provide t�ie City with an electronic f�le with points for each structure (manholes,
catch basu�s, water valves, hydrants and other water system features) in the development, and the�r respective
X and Y State Plane Coord'uiates,referenced to NAD 83 (91).
32. Prior to issuance of building pernzits,the applicant's engineer shall provide final sight distance cenification for
the private street intersection with SW 121st Avenue.
33. The app licant shall provide signage at the entrance of each shared flag lot driveway or private street that lists
the adJresses that are served by the given driveway or street.
34. Prior to issuance of building pemzits,the applicant shall provide bicycle striping along their frontage if there is
e�sting bicycle lane striping on either side of their development. It there is no existing striping on either side
then the applicant shall paythe fee-in-lieu of striping.
35. During issuance of the building pemzit for Lots 2 and 3, the applicant shall pay the standard water qualiry and
water quantity�fees per lot (fee amounts will be the latest approved by C�).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO A FINAL INSPECTION:
e app icant s a su init e o owing to e CI Y ARB RIS , ODD ER 503 718-2700:
36. Prior to a final inspection, the Pro'ect Arborist will submit a final certification indicating the elements of the
Tree Protection Plan were followe�and that all rema;n;ng trees on the site are healthy,stable and viable in their
modified growing environment.
37. Prior to a final inspection,the app licant shall pnuie Tree #5 (if retairun� in the visual clearance area so that no
branches are below 8 f eet in height.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE
EFFECTIVE DATE OF THIS DECISION NOTED LJNDER THE PROCESS AND APPEAL SECI'ION
OF THIS DECISION.
NOTTC�OF DEQSION MLI'2007-00007/ANDERSON PARTITION PAGE 5 OF 24
SE CTION III. BACKGROLJND INFORMATION
Site Inforn�ation and I-�isto °
e prop ose site �s ocate on the east side of SW 121" Avenue about 350 feet north of its intersection a�ith SW
Walnut Lane. The site is 29 580 square feet with an e�sting single familyhouse. The surrounding area is zoned R 4.5
and characterized by single-�amily homes on larger lots.. The ma�oriry of the immediate surrounding homes are on lots
between 036 acre to almost an acre. The proposed site is the lar�est propertyr on its block. Windmill Park and the
historic windmill are located across the street to the northwest of the proposed site on SW 121" Street and SW Lvnn
Street. The site slopes down toward the northeast by about 9%. There are several mature trees onsite. The subject
property,received approval for a Lot Line Ad�ustment (MIS2006-00009� in May 2006 to adjust a lot line with the
nei hbonng property to the south, also owned� the applicant. The sub�ect property also received approval in April
20� for a Lot Line Adjustment (MIS2008-00007�with the property to the east,also owned by the appLcant,to reduce
the size of the subject lot. There are no other land use approvals related to the site.
�Pro osal:�
The applicants are requesting approval to partition one 29,580-s�quare foot lot into three lots of 10,523 square feet,
8,350 square feet and 7,670 square feet for single-family homes. The existuig single-family home will remain on Lot 1.
The applicants request approval of an adjustment to the access/egress standards (VAR2007-00009) because the
proposed pnvate street does not meet the 200 foot spacing standard for driveways and streets on a collector. The
applicants also request approval of a landscaping adjustment (VAR2007-00010) to use existing trees as street trees.
The a�plicant had initially requested approval to partition one 42,167-s quare foot lot into three lots of 10,523 s quare
feet, �1,047 square feet, and 7,557 square feet. LTpon review of the app�ication staff discovered that the proposal did
not meet the iTUnunwn density reqiurement of 4 lots and could not meet shadow platting standards because the
proposed access could not meet the standard for 4 lots. To resolve the issue, the applicants applied for a lot line
ad�ustment to reduce the size of the subJ�ect lot and, upon receiving lot line adjustment approval, rev�sed their
application to reduce their original lot to 29,580 square feet, requuzng a muzunum densiry of three lots. The number
o� total lots reguested (3) has not changed. The applicants granted the Cary a 196-day extension of the 120-day rule so
that staff could review the changes.
SECTION IV. PUBLIC COMMENTS
Staff sent notice to all propem�oaners a�ithin 500 f eet of the subject property and received no comments.
SECTION V. APPLICABLE REVIEW CRITERIA AND FINDINGS
Land Pattitions �18.420�
Approval Criteria (18.420.050.A):
1. The proposed pattition complies with all statutory and ordinance requirements and regulations;
The proposed partition complies or can be made to comp l�y a�ith all statutory and ordinance requirements and
regulations as demonstrated by the analysis contained within this adnurustrative dec�sion and through the imposition of
conditions of approval. Provided all conditions of approval are satisfied as part of the development and buildLng
process,this critenon�s met.
2. There are adequate public facilities available to serve dle proposal;
Public facilities are discussed in detail later in this decision under Street & Utility Improvement Standards (Chap ter
18.810). Based on the analysis provided therein,adequate public facilities are available to serve the proposal. Theretore,
this crnenon is met.
3.All proposed improvements meet City and applicable agency standards;and
The public facilities and proposed im�provements are discussed in the Public Faciliry Concerns section of this decision.
Conditions of approval will ensure that all proposed improvements meet City and agency standards. Improvements
will be reviewed as pan of the pern�ut process and dw7ng construction, at which time the appropriate review authority
will ensure that City and applicable agency standards are met. Based on the analysis in th�s decision, th�s criterion �s
met.
NOTTC� OF DEQSION MLP2007-00007/ANDERSON PARTITION PAGE 6 OF 24
4. All proposed lots confomi to the specific requirements below:
(a) The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning
district�
The Rridth of the building envelope area for Lots 1, 2 and 3 is 99 feet, 75 feet and 80 feet, respectively. Therefore,the
standard of 50 feet is exceeded.
(b) The lot area shall be as required by the applicable zoning distric� In the case of a flag lot, the accessway
may not be included in the lot area.
The lot area for Lots 17 2 and 3 are 10,523 square feet 8,350 square feet and 7,670 square feet, respectively. Therefore,
all lots exceed the nununum lot area of 7,500 square �eet. Lots 2 and 3 will be a flag lots whose area does not include
any access easements. This criterion is met; however, it�s noted here that the proposed lot sizes are contingent upon a
lot line ad�ustment being recorded. Prior to final plat approval, the applicant shall provide evidence that the lot Lne
adjustment survey map for MIS2008-00007 (Anderson Lot Luie Ad�ustment) was recorded wnh Washington County.
�c) Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a
egally recorded minimum 15-foot wide access easement
Lot 1 will be a corner lot fronting SW 1215t street by 120 feet and the whole length of Tract A. Lots 2 and 3 will each
have 15 feet of frontage along Tract B,a shared private driveway(access easement). Therefore,the criterion is met.
(d) Setbacks shall be as required by the applicable zoning district
The re quired setbacks in the R 4.5 zone are 20 feet front, 5 feet side 15 feet street side and 15 feet rear. The site lan
shows that the existing house on Lot 1 will have the following setbac�.s• 51 feet front, 18 and 9 feet sides,and 23 ft� '/z
inch rear, exceeding the standard. The site plan shows standard setbacks for Lots 2 and 3; however,the applicant shall
be conditioned to rev�se the side setbacks to 10 feet to comply with flag lot standards (Chapter 18.730) pnor to fuial
plat approval.
(e) 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 fee� Structures shall generally be located so as to maximize separahon from
e�usting structures.
Lots 2 arid 3 will be flag lots. As discussed previously,the applicant is conditioned to comply with flag lot standards.
�� 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
developmen�
The applicant proposes a"Tract A" and"Tract B." Tract A is a prn�ate street that will serve all three lots and has been
conditioned to meet the required private street w�idth. Tract B, a��pnvate driveway, is 16 feet wide and intended to
serve only two lots (Lots 2 and 3). Because the pnvate drivewa�y wilI abut the existing property to the south,screenin
will be required. Pnor to final plat approval, the applicant shall revise plans to show screerung along the entire lengt�
of the private driveway,where it abuts the neighboruig pr�perty.
(g) The fire district may re quire the installation of a fire hydrant where the length of an accessway would have
a detrimental effect on fire-�ighting capabilities.
The fire district reviewed the proposal and has no comments or concerns. Therefore, a new fire hydrant is not
required.
(h) Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will
ensure access and maintenance rights shall be recorded with the approved partit�on map.
A common drivea�ay(Tract B) is required for Lots 2 and 3. Therefore,a reciprocal access easement has been required.
5. Any access way shall comply with the standards set forth in Chapter 18.705,Access,Egress and Circulation.
NOTTC� OF DEQSION MLI'2007-00007/ANDERSON PARTITTON PAGE 7 QF 24
As shown later in this decision under"Access, Egress and Circulation (18J05)," the standards in Chapter 18.705 have
been met or can be met through conditions.
6. Where landfill and/or development is allowed within or adjacent to the one-hundred year floodplain, the
city shall reguire considerat�on of the dedication of sufficient open land area for greenway ad�oimng and
witlun the tIoodplain. 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 roposed partition is not adjacent to or in the one-hundred year floodplain. The nearest floodplain is about 1,090
feet �0.2 mile) away from the partition site. The highest elevation of the nearest floodplain is 17� feet. The lowest
elevation of the partition site is 215 feet. Therefore,tIus cntenon does not apply.
7. An application for a variance to the standards prescribed in this chapter shall be made in accordance with
Chapter 18.370, Variances and Adjustrnents. The applications forthe parhtion and variance(s)/adjustment(s)
will be processed concurnendy.
The applicant has requested approval for an Adjustment to the Access/Egress Standards and a Landscaping
Adjustment to use existu-ig trees as street trees. These requests have been reviewed concurrently with the partition
applicauon.
FINDING: All approval criteria for the proposed partition have been met or can be met by satisfying
conditions of approval.
CONDITTONS:
. Prior to final plat approval,the apPlicant shall revise the site plan to show side setbacks for
Lots 2 and 3 tfiat comply alth flag lot standards (10 feet).
. Prior to final plat ap�roval, the applicant shall revise plans to show screening along the
entire length o} the pnvate driveway(Tract B),where it abuts the neighboring property.
. Prior to final plat approval,the applicant shall provide evidence that the lot line ad'ustment
survey map }or NIIS2008-00007 (Anderson Zot Line Adjustment) was recor�ed with
Washuigton Counh�.
Variances and Adjustrnents (18.370�
Adjust�nent to access and egress standards (Chapter 18.705).
a. In all zoning districts where access and egress drives cannot be readily designed to confonn to Code
standards within a particular parcel, access with an adjoining property shall be considered. If access in
conjunction with another pa�el cannot reasonabl�y be achieved, the Director may grant an ad'ustrnent to the
access requirements of Cha�ter 18.705 through a Type II procedure, as governed in Section 1�.390.030, using
approval criteria contained in Subsection 2b 6elow.
b. The Director may approve, approve with conditions, or deny a request for an adjustrnent from the access
requirements contauied in Chapter 18J05, based on the following critena:
(1) It is not possible to share access;
The proposed private street was chosen with consideration to the existing house, the preservation of the largest and
healtIuest trees and best possible location for direct access to the back lots. It is not possible to share access v�nth the
two neighboring properties,the accesses for which do not abut the subject property.
(2) There are no other alternative access points on the street in question or from another
street;
The subject_property has frontage only on SW 1215` street. Existing single farrvly homes surround the subject property.
Therefore,there are no alternative access pouiu on the street in quesuon or from another street.
NOTIC�,OF DEQSION MLI'2007-00007/ANDERSONPARTITION PAGE 8 OF 24
(3) The access separation requirements cannot be met;
The access separation standard is 200 feet on a collector. There are 6 other driveways on both sides of the street within
200 feet to the south. There are 2 other driveways and a street within 200 feet to the nonh. Therefore, access
separation requirements cannot be met.
(4) The request is the minimum adjustment required to provide adequate access;
The applicanu propose to close off one access and request only one access to serve the three proposed lots. This
access �s uz the location of one of the two existuzg dnveways. The applicants will be reducing the number of driveways;
therefore,the request is the mulunum adjustment required to provide adequate access.
(5) The approved access or access approved with conditions will result in a safe access; and
The applicant provided a preliminary sight distance certification arhich shows the proposed access meets the required
�si ht d�stance of 350 feet. In addition, a pnvate street is being created and, therefore, no dnveways will be ul the
uence area of a collector intersection. Lastly,visual clearance standards are met or can be met. The approved access
will result in a safe access.
(6) The visual clearance requirements of Chapter 18.795 will be met
The applicant has shown a visual clearance triangle on the site plan and, as discussed in staff's findings for Chapter
18J95, �s requu-ed to prune Tree#5 so that there are no branches below 8 feet. Visual clearance requirements can and
will be met.
FINDING: The proposed access meets the criteria for an Adjusunent to the Access/Egress Standards.
Adjustments to landscaping requirements (Cliapter 18.745).
a. Ad'ustment to use of e�usting trees as street trees. By means of a Type I procedure, as governed by Section
18.39�.030 the Director shall approve, approve with conditions, or deny a re quest for the use of e�sting trees
to ineet t�ie street tree requirements in Section 18.745.030 providing there has been no cutting and fillin
around the tree during construction which may lead to its loss, unless the following can be demonstrated: (�
The round within the drip-line is altered merely for drainage purposes; and (2) It can be shown that the cut
or fi�will not damage the roots and will not cause the tree to die.
The applicant has applied for an adjustment to use e�sting trees (Trees # 1 and 3) as street trees. However, the City�
Arbonst finds that these trees are set back too far to be street trees. Trees # 1 and 3 will be inside the property about 1$
feet from the ROW line. In addition, there will be 6 feet of space within the dedicated ROW and e�sting sidewalk to
plant street trees. The Project Arborist finds that new street trees will not interfere with the e�sting trees onsite.
Because of the retaining wall abuttuzg the sidewalk, the applicant should plant small stature street trees with non-
aggressive roots. Theretore, while it may be possible to show that (1) and (2) above can be met, the proposed trees
cannot be considered street trees because of theu-location 18 feet away from the property line.
FINDING: The adjustment is denied. The proposed location of the street trees is too far from the propertyline (18
feet). Because there will be enough space in the ROW, street trees shall be planted between the
property lin�after dedication) and existuig sidewalli. The applicant should consider small stature street
trees that not damage the ex�sting retauiuig wall. Recommended trees are discussed 'ui staff's
findings for Chapter 18.745 and a condition of approval to plant street trees is required.
NOTTC� OF DEQSION MLI'2007-00007/ANDERSOI�'PARTITTON PAGE 9 OF 24
Residential Zoning Districts (18.510.�
Developinent standarcis in residential zoning districts are contained in Table 18.510.2. Below is a comparison
of the development standards and the proposed diinensions:
DEVELOPMENT STANDARDS and PROPOSED DIMENSIONS
R-4.5 Standa�is L.ot 1 L.ot 2 L,ot 3
Pro osed Pro osed Pro osed
Minirnum Lot Size
-Detached unit 7,500 sq.ft. 10,5?3 sq.fc. 8,350 sq.fc. 7,670 sq.fc.
Average Minimum Lot Width
-Detached unit lots 50 ft. 99 ft. 75 ft. 80 ft.
Minimum Setbacks
- Front yard 20 ft. 51 ft. Can be met Can be met
- Side yard 5 ft 18 ft.,25 ft Can be met G1n be met
-Rear yard L5 fL 23 ft.2.5 in Can be met Can be met
- Distance between property line and front of garage 20 ft 28 ft. Can be met Can be met
-Fla lot side vaid 10 ft NA Can be met Can be met
Maximum Height 30 ft. Can bet met NA NA
Ma�mum Hei ht Fla lot 25 ft. 1.5 stories NA Can be met Can be met
FINDING: Development standards have been met or can be met at the time of building pernut review.
Access, Egress and Citrulation(18.705�
Cha}�ter 18J05 establishes standarcis and regulations for safe and efficient vehicle access and egress on a site
and}or general ci�ulation within the site.
General Provisions (18.705.030):
Continuing obligation of pro�eriy owner. The provisions and maintenance of access and egress stipulated in
this title are c�ntinuing requ�rements for the use of any structure or pamel of real property in the City.
Access plan requirements.
No buiiding or other permit shall be issued until scaled plans are presented and app roved as provided by this
chapter that show how access, egress and cirrulation requirements are to be fultilled. The applicant shall
submit a site plan. The Director shall provide the applicant with detailed information about tlus submission
requireinen�
The applicant has submitted a site plan showing how access, egress and circulation requirements will be fulfilled.
Therefore,this criterion�s met.
Joint access. Owners of two or more uses, structures, or pa�els of land may agree to utilize joindy the same
access and e ress when the combined access and egress of both uses, structures, orp ar�els of land satisfies
the combine� requirements as designated in this tide, provided: 1. Satisfactory regal evidence shall be
presented in the form of deeds, easements leases or contracts to establish the joint use; and 2. Copies of the
deeds,easements, leases or contracts are p�aced on permanent file with the City.
Lots 2 and 3 will be using Tract B, a shared private driveway. Therefore,prior to final plat approval,the ap licant shall
cause a statement to be placed on the final plat to indicate that the proposed pnvate driveway, Tract B, � be �ointly
owned and maintained by the private property owners of Lots 2 and 3.
Public street access.
All vehicular access and egress as required in Sections 18.705.030I� and 18.705.030I shall connect direcdy with
a public or private street approved by the City for public use and shall be maintained at the required
standards on a continuous basis.
All lots have access to the proposed private street, which has direct access to SW 1215` Avenue, a public street.
Therefore,this criterion is met.
NOTTCE OF DEQSION MLI'2007-00007/ANDERSON PARTITTON PAGE 10 OF 24
Curb Cuts. Curb cuts shall be in accor�iance with Section 18.810.030N.
Curb cuts wzll be re�•ie��ed dtu-ing the Public Facilin� Impr-ovement (PFI) pemzit re�-iew b}� the Engineeru��
Department.
Inadequate or hazardous access.
(1) A�plications for building pemiits shall be referred to the Conunission for review when, in the opinion of
the Director, the access proposed would cause or increase existing hazardous tr�affic conditions; or would
provide inadequate access for emergency vehicles; or would in anv other way cause hazardous conditions to
e�st which would constitute a clear and present danger to the public health, safety and general welfare.
The Director has not determined the proposed accesses would require review by the Cornrnission. Therefore, this
criterion does not apply.
(2) Direct indi�idual access to arterial or collector streets froin single-family dwellings and duplex lots shall be
discouraged. Direct access to major collector or arterial streets shall be considered only if there is no practical
alternative way to access the site.
All lots will have access to SW 121" Avenue, a collector, through a private street (Tract A). Therefore, no lots will
have direct access to a collector. This criterion is met.
3 In no case shall the desi�n of the service drive or diives require or facilitate die backward rnovement or
o�ier maneuvering of a velucle within a street, other than an alley. Single-family and duplex dwellings are
exempt from tlus requirement
No service drive is proposed or required. Therefore,this criterion does not apply.
Access Management
(1) An access report shall be submitted with all new development proposals which verifies design of driveway s
and streets are safe by meeting adequate stackin needs, sight distance and deceleration standards as set by
ODO?, Washington County,the City and AASH�O.
A preluninary sight distance certif ication was submitted by HBH Consulting Engineers,dated December 21,2006. The
cen�fication states that the posted speed for 121st Avenue �s 35 m�p h, requinng a inuiunum sight distance of 350 feet.
The engineer states that available siglit distance to the north is 750 teet and is 350 feet to the south.
Prior to issuance of building pernlits,the applicant's engineer shall submit a final sight distance certification.
�2) Driveways shall not be permitted to be placed in the influence area of collector or arterial street
intersections. Influence area ot inte�ections is that area where queues of traffic commonly form on ap roach
to an intersection. The minimum drivewav setback from a collector or aiterial street intersection shall�e 150
feet, measured from the ri�ht-of way line of the intersecting street to the throat of the proposed driveway. The
setback may be greater epending upon the influence area, as detemiined from City Engineer review of a
traffic impact report submitted by the applicant's traffic engineer. In a case where a pro�ect has less than 150
feet of street frontage, the applicant must explore any opt�on for shared access witFi the ad�acent pa�el. If
shared access is not possible or practical,the driveway shall be placed as far from the intersect�on as possible.
The e�stuig drivewa�s are wi�lun the influence area of the Collector intersection of SW 121st Avenue and SW Ann
Place. The applicant s plans show the removal of both driveways and the construction of a private street at the south
property line. The pnvate street will provide access for the three lots. Tlvs code section app l�es to driveways and as
such does not apply to the proposed pnvate street. Therefore, with the removal of both dnveways, this cntenon is
met.
(3 The tninimum spacing of driveways and streets along a collector shall be 200 feet The minimtun spacing
o driveways and streets aIong an a�tenal shall be 600 fee�
The applicant proposes to construct a private street to serve three homes. This private street will be within 200 feet of
several dnveways and one street SW Ann Place. There �s no location along the site fronta e where a private street can
be constructed that will meet t�e spacing standard. Therefore, the applicant has applie� for an adjustment to this
spacing standard in accordance with 18.37 0.
N07TC� OF DEQSION MLI'2007-00007/ANDERSON PARTITTON PAGE 11 OF 24
The e�sting driveway at the north end of the site shall be removed and replaced with curb and sidewalk The applicant
shall cause a statement to be placed on the final plat that provides a non-access reservation along the subject site's SW
121st Avenue frontage except at the approved pnvate street location.
Minimum Access Requirements for Residential Use
�1) Vehicular access and egress for single-fainily, duplex or attached single-family dwelling units on
individual lots and multi-family residential uses shall not be less than as provided in Table 18J05.1 and Table
18.705.2;
Table 18J05.1 states that the minimum vehicular access and egress for three single-farruly dwelling units shall be one
20-foot access (a private street). All three lots will take access o}f Tract A, a pnvate street,which has been conditioned
to meet the standard. Lots 2 and 3 will access the private street through a shared 16-foot wideprivate driveway meeting
the standard. However,Lot 1 shall not have access to th�s pnvate dnveway because it is not v�nde enough to serve more
than 2 lots. As a condition of approval the ap licant has been requu-ed to record a joint use, maultenance and
reciprocal access easement for Tract B for t�ie use o�Tract B byLots 2 and 3 only.
FINDING: Based on the findings above, the access, egress and circulation standards have been or can be met
through conditions.
CONDITTON: The applicant shall cause a statement to be placed on the final plat to indicate that the proposed
private drn�eway, Tract B, w�ill be jointly owned and ir�auitained by the private property owners of
Lots 2 and 3 for access and utilities for lots 2 and 3 only.
DensityComputations (18JL5�
Section 18.715.020 provides density calculation formulas. Number of dwelling units is determined by the
following:
A. Definition of net development area. Net development area, in acres, shall be detennined by
subtracting the following land area(s) from the gross acres, which is all of the land included in the
legal descnpt�on of the property to be developed:
1. All sensitive land areas
2. All land dedicated to d�e public for park purposes;
3. All land dedicated for public rights-of way.
4. All land pro�posed for pnvate streets;and
5. A lot of at Teast the size required by the applicable base zoning district, if an existing dwelling is to
remain on the site.
The applicant provided the following calculation for net developable area:
Gross site area: 29,580 SF
Lot with e�sting house 10,523 SF
ROW dedication,Tracts A,&Private Driveway: -3,035 SF
et eve opa e area: , �
B. Calculating maximum number of residential units. To calculate the ma�umum 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 distric�
The maxunum additional number of residential units pern�itted is 2, as shown below:
16,022 SF/7,500 SF =2.13 units =2 units
G Calculating minimum number of residential units. As req�uired by Section 18.510.040, the minimum
number of residential units per net acre shall be calculated by multiplying the maximum number of
units determined in Subsect�on B above by 80% (0.8).
The ininunum number of additional residential units is 1,as shown below:
2.13 units x 0.8 = 1 JO ururs = 1 uruts
NOTTC�OF DEQSION MLP2007-00007/t1NDERSON PARTTTION PAGE 12 OF 24
FINDING: The applicant proposes two additional units for a total of three uriits. This meets the density
requu-einent of no more than 3 tot�l units and no less than 2 total units.
Exce�tions to Develo�ment Standards (18.730�
Building heights and flag lots:
Lirnitat�ons on the placement of residential structures on flag lots apply when any of the following exist
a. A flag lot was created prior toA,p nl 15, 1985;
b. A flag lot is created after April 15, 1985 by an ap proved partition; or
c. A fla� lot is created by the approval of a subdivision and the flag lot is located on the periphery of the
subdi�7sion so that the lot adjo�ns other residentially-zoned land.
Lots 2 and 3 will be flag lots. Therefore,this partition is subject to flag lot limitations.
The maximum height for an attached or detached single-family, duplex or multiple-family residential
structure on a flag lot or a lot having sole access from an accessway, private �rive or easement is 1-1/2 stories
or 25 feet, whichever is less, except that the ma}uinum height may be 2-1/2 stories or 35 feet [in certain
zones], whichever is less,provided:
a. The pro�posed dwelling otherwise complies with the applicable dimensional requirements of the
zoning district;
b. A 10 feet side yard will be preserved;
c. A residential structure on any abutting lot either is located 50 feet or more from the nearest point of the
subject dwelling, or the residential structure exceeds 1-1/2 stories or 25 feet in height on any abutting
lot;and
d. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting
lot unless the proposal includes an a reement to plant trees capable of mitigat�ng direct views, or that
such trees exist and will be preserve�
L.ots 2 and 3 are subject to flag lot standards. The applicant has not shown that Lots 2 and 3 comply with the required
flag lot setbacks and story lirrut. The apPlicant has been reqwred, as a condition of approval, to rev�se the site pIan to
show 10 feet side yard setbacks for the building envelopes on Lots 2 and 3. Compliance with the flag lot story and
height limit can be reviewed at the time of building perrruts.
FINDING: Flag lot standards can be met through conditions of approval required in this decision or through the
building perrrut re��iew process.
Landscaping and Screening�18.745�
Street trees (18.745.040):
A. All development projects fronting on a public street, private street or a private driveway more than 100 feet
in length a�proved after the ado tion of this tide shall be required to plant street trees in accot�dance with the
standards m Section 18.745.040�
The applicant has applied for a landscaping adjustment to use existing trees as street trees. However, the adjustment
has been denied for the reasons discussed ui the Variances and Adjustments section of this decision. The applicant is
required to plant street trees along SW 1215`Avenue and along Tract A,the private street.
B. Street Tree Planting Lis� Certain trees can severely damage utilities, streets and sidewalks or can cause
personal injury. Approval of any planting list shall be subject to review by the Director.
The applicant has not proposed any street trees: However, street trees shall be chosen from the City of Tigard's street
tree planting list. Because of the existing retauung wall and to avoid conflict with e�sting trees, the �ty Arborist
recommends small stature trees, such as C:ornus kousa, Syringa reticulate, Magnolia stellata, Acer tataricucri, and Cercis
sp.
NOTTCE OF DEQSION R�II1'2007-00007/ANDERSON PARTTTION PAGE 13 OF 24
C. Size and Spacing of Street Trees. The specific spacing of street trees by size of tree shall be as stated in
Section 18.745.040.C.2 of the code.
The applicant has not provided a street tree plan, but shall provide a lan prior to building pernuts. The size and
spaculg of the street trees shall be u1 accordance with Section 18J45.040.�2.
FINDING: Based on the findings above,Landscaping and Screening have not been met.
CONDITION: Prior to buildin pe� rniits, the applicanc shall provide a street tree plan. Street trees shall be chosen
from the Ciry o�Tigard Street Tree Planting List and shall be planted in the dedicated ROW along
the existin sidewall�. The size and spacuig of street trees shall be in accordance wit h
18.745.040.�2. The Ciry Arborist reconunends sii�all stature trees, such as Comus kousa, Syiinga
reticulate,Magnolia stellata,Acer tataricurri, and Cercis sp.
Off-Street ParkinQ and Loading Requirements (18.765�
Section 18.765.02 .A states that at the� the erection of a new structure within any zoning district,
offstreet vehicle parking will be provided in accordance with Section 18.765.070 (minimum and ma�cimum
parking requirements).
For single-family- dwellings, one parking space per dwelling unit is required. The apPlicant acknowledges this
reqwrement. In addition, compliance will be regulated at the tune of building permits. There�ore,th�s cntenon�s met.
Sectioii 18.765.030.B.1 states that off-street parking spaces for single-family and duplex dwellings and single-
facnily attached dwellings shall be located on the same lot with the dwelling(s).
The applicant indicates that the proposed partition will comply avith arking requirements of at least 1 space per
dwelling unit. The applicant states that each space will be at least 8 '/z �eet by 18 feet, which meets the standard. In
addition,compliance will be regulated at the time of building perrruts. Therefore,this cntenon is met.
FINDING: Based on the findings above,parking and loading requirements have met.
Tree Removal (18.790)
Tree Plan Requireinents (18.790.030):
A. A tree lan for the planting, removal and rotection of trees pre ared b a certified a�fiorist shall be
p y I
provided or any lot, pamel or combination o�lots or parcels for wFiich a development app lication for a
subdivision, partit�on, site development review,planned development or conditional use is filed Protection is
preferred over removal wherever possible.
A tree preservation and renloval plan has been prepared by Danny Luttrell,Jr. (ISA# PN6347A).
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;
The Arborist Report identified the location,size and species of all existing trees,consistent with this standard.
2. Identification of a program to save existing trees or miti ate tree removal over 12 inches in caliper.
Mitigation must follow the replacement guidelines of Section 18�90.060D, in accordance with the following
standards and shall be exclusive of trees required by other development code provisions for landscaping,
streets and parking lots:
(a) Retention of less than 25% of e�sting trees over 12 inches in caliper requires a mitigation program in
accordance with Section 18.790.060D of no net loss of trees;
(b) Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-thirds of the
trees to be removed be mitigated in accordance with Section 18J90.060D;
(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 miti�ated in accordance with Section 18.790.060D;
NOTTC�OF DEQSION MLI'2007-00007/ANDERSON PARTTTTON PAGE 14 OF 24
(d) Retention of 75% or greater of existing trees over 12 inches in caliper requires no mitigation.
The applicant is pro�osin� to retain 9 of 13 (69%) of the viable trees over 12 caliper inches on site. Therefore, they
must rruti ate for 50/o of the 90.7 viable caliper inches they are proposing to remove. The current in lieu of mitigation
�ayment �as been deternlined to be $125 per caliper in removed. The applicant shall mitigate for 45 caliper inches
50% of 90.7 caliper inches removed) by pay�ng the in-lieu of mitigation fee, by planting trees, or by a combination of
planting and payu�g the in-Leu fee.
Prior to site work, the applicant shall submit a cash assurance or other means acceptable to the Gry for the equivalent
value of tree mitigation reqwred at $125.00 per caliper inch. If additional miugation trees are preserved through the
partition imp rovements 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 asswance may be correspondingly reduced.
Any trees planted on the site or off site ui accordance �vith 18.790.060.D will be credited aga.inst the assurance for two
years follow�ng final plat approval. After such time,the applicant shall pay the remainulg value of the assurance as a fee
uz-heu of plantuzg. Any planting by the applicant must be approved by the City Arbonst.
3. Identification of all trees which are proposed to be removed;
All of the trees proposed to be removed are identified in the applicant's survey.
4. A protection program defining standards and methods that will be used by die applicant to protect
trees during and after construction.
The applicant did not indicate the type and location of tree protection fencing on their plans. The applicant shall revise
plans to show tree protection fencu�g to scale and include a sign_ature of approval from their pro�ect arbonst on the
plans regarding the tree protection zone recommendations. The applicant shall position fencuig per the project
arbonst's recommendations.
All trees to be preserved shall be protected with five or six.(5' - 6') foot high chain link fences. Fences are to be
mounted on two inch diameter galvanized iron posts, driven uito the round to a depth of at least 2-feet at no more
than 10-foot spacing. The ap plicant shall position fencing as directed �ythe pro�ect arborist to protect the trees to be
retained. The applicant shall a11ow access by the City Arborist for the purpose of monitoring and inspection of the tree
protection to venfythat the tree protection measures are performmg adequately. Failure to follow the plan,or inaintain
tree protection fencing in the designated locations shall be rounds for unmediate suspension of work on the site until
remediauon measures and/or civil citations can be processe�.
C. Subsequent tree removal. Trees removed within the period of one year prior to a development application
listed above will be inventoried as pait of the tree plan above and will be replaced according to Section
18.790.060D.
There is no evidence that trees have been removed within a year of this development application. All trees over 6
inches have been included in the inventory.
Subsequent Removal of a Tree (18.790.040):
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. TFie prope�rty owner shall
record a deed restriction as a condition of aQproval of any development permit affected 6y this section to the
effect that such tree may be removed only if the tree dies or is hazardous according� to a certified a�fioris�
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 tlus deed restriction shall be subject
to approval by the Director.
A condition of approval requiring the above shall ensure that this criterion is met.
FINDING: Tree protection has not fullybeen met. The applicant shall satisfythe conditions below:
NO'ITC�',OF DEaSION MLP2007-OOOC7/ANDERSONPAR7T7TON PAGE 15 OF 24
C;��I��ITTONS:
. Prior to site worlc, the applicant shall submit a cash assurance or other means acceptable to
the City for the equivalent value of tree mitigation required at $125.00 per caliper uich. If
additional rrutigation trees are preserved through the partition unprovements and
construction of houses, and are properly protected through these sta es by the same
measures afforded to other protected trees on site, the amount of the cas� assurance may
be corres�ondingl�y reduced. Any trees planted on the site or off site in accordance with
18.790.06 .D will be credited agaulst the assurance for two years following final plat
approval. After such time,the applicant shall pay the remain;ng value of the assurance as a
fee in-lieu of planting. Any planting by the applicant must be approved by the City
Arbonst.
. Prior to site work, the ap licant shall revise plans to show tree protection fencing to scale
and include a signature o�approval f rom theu- project arborist.on the plans regardLng the
tree protection zone recommendations. The apphcant shall position fencing per the pro�ect
arbonst's recommendations. All trees to be preserved shall be protected with five or six (5'
- 6') foot high chain link fences.Fences are to be mounted on two inch diameter galvanized
iron posts, dnven into the ground to a depth of at least 2-feet at no more than 10-foot
spacing.
. Prior to site work, the applicant shall install all proposed tree protection fencing as
approved by the Pro�ect Arbonst. The f encing shall be irispected and approved by the City
Arborist pnor to beguuun anysrte work The tree protection fencuig shall remaui uZ place
through tl-�e duration of�of the buildu�g construction phases, until the final inspection has
been passed. The applicant shall allow access by the City Arborist for the purpose of
morutonng and inspection of the tree protection to verify that the tree protection measures
are perfornung adequately. Failure to follow the plan,or rnauitaui tree protection fencing in
the designated locations shall be grounds for unmediate suspension of work on the srte
until remediation measures and/or civil citauons can be processed. After approval from the
City Arborist,the tree protection measures may be removed.
I the Builder is di erent from the developer or initial applicant:
rior to issuance o uilding pemuts,the applicant shall subrrut site plan drawings indicating
the location of the trees that were preserved on the lot during�site development, location ot
tree protection fencing, and a signature of approval from the Project Arborist regarding the
placement and construction techrugues to be einp loyed in bwlding the structures. All
proposed protection fencin shall be i.nstalled and u�spected pnor to begulnuig
construction. The fencro�g sh� remaui in place through the duration of all of the building
construction phases, until the final inspection has been passed. After approval from the
City Arbonst,the tree protection measures may be removed.
. The applicant shall have an on-going responsibility to ensure that the ProJ�ect Arborist has
subrrutted wntten reports to the City Arb�nst, at least once every two weeks, as the Project
Arborist monitors the construcuon activnies from uutial tree protection zone ('TPZ) fencing
installation through the building construction phases. The reports shall evaluate the
condition and location of the tree�_protection fenculg, deternzine if any changes occurred to
the TPZ, and if any part of the Tree Protection Plan has been violated. 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 did not adversely unpact the overall, long-term
health and stabiliry of the tree(s). If the reports are not subrrutted to the City Arborist at the
scheduled intervals, and if it appears the TT'Z's or the Tree Protection Plan are not being
followed by the contractor or a sub-contractor, the City can stop work on the project until
an inspection can be done bythe CaryArborist and the Project Arbonst.
. Prior to receiving a building pemut, 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 cert�fied arborist. The deed restricuon may be removed
or will be considered invalid if a tree preserved in accordance with this decision should
either die or be removed as a hazardous tree.
NO7TC:E OF DEQSION MLI'2007-00007/ANDERSON PARTTTTON PAGE 16 OF 24
. Prior to a final in�spection,the Pro-J'ect Arborist will submit a final certification indicating the
elements of the Tree Protection I'lan were followed and that all remauvng trees on the site
are healthy,stable and viable in their modified growing environment.
V�isual Clearance Areas (18.795�
This Chapter requires at a clear vision area shall be maintained on the corners of all roperty adJ'acent to
intersecting ri ht-of-ways or the intersection of a public street and a private driveway. �ect�on 18.790.040.B
states that at a� intersect�ons of two non-arterial streets, a nonarterial street and a driveway, and a non-arterial
stmet or driveway and railroad where at least one of the streets or driveways is 24 feet or more in width a
visual clearance area shall be a triangle formed by the ri�ht-of way or property lines along such lots anc� a
straight line joining the right-of-way or propeity line at points which are 30 feet distance from the intersection
of the right-of-way line and measured along such lines. A clear vision area shall contain no vehicle, hed e,
planting, fence, wall structure, or temporarv or permanent obstruction exceedin�g three (3) feet in height �e
code provides that obstructions that may be located in this area shall be visuaIIy clear between three 3 and
eight(8) feet in heigh� Trees may be placed within this area provided that all branches below eight�8� feet
are removed.
FINDING: The site plan shows a clear vision triangle correctly drawn at the intersection of Tract A and SW
1215` Avenue. There is one tree (#5) in the clear v�sion area. Tree #5 is a 18.1-inch Honeylocust
proposed to be retained and in fair condition. The arborist notes that the tree has tip dieback and is
presently in decline. If the applicant chooses to retain this tree,the applicant shall prune the tree so
that no branches are below 8 feet in height.
GONDITTON: Prior to a final inspection,the applicant shall pnine Tree#5 (if retainin� in the visual clearance area
so that no branches are belo��g feet in height.
Iin�act Stud�y(18.390�
Section 18.360.090 states, "The Director shall make a finding with res�ect to each of the following criteria
when approving, approving with conditions or denying an application: '
Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of
developrnent on public facilities and services. For each public facility system and type of impact, the
study shall propose iinprovements 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 Develo�ment Code requires the dedication of real property interests, the
applicant shall either specifically concur with a requirement for public right-of-way dedicat�on, or provide
evidence that supports that the real roperty dedicat�on is not roughly proportional to the projected impacts
of the develo men� Section 18.390.�40 states that when a condition of ap roval requires t7ie transfer to the
public of an interest in real property,the approval authority shall adopt findings which suppott the conclusion
that the interest in real property to be transferred is roughly propottional to the impact the proposed
developinent will have on t�ie public.
The applicant has provided an impact studythat quantifies the effect of the proposed partition on the services below:
Sewer: The proposed partition will add two new homes. The new homes required to connect to sewer by separate
private laterals. The nearest sewer line is an 8-inch line in SW 1215L Avenue. The existing home is a]ready connected to
thu line.
Water. The two new homes will be required to connect to the Ciry water system. The e�sting home already receives
City water. The applicant proposes two new water meters f or the new homes.
Storm Draina e: C1ean Water Services (CWS) exempts partitions from having to provide on-site detention. However,
nulo rom roof areas and the private street will have to be collected and discharged to an approved public storm
system, The applicant will paya fee in-lieu of a water qualiryfacility.
Parks: The subject property is near several parks. Windmill Park is about 370 feet away. Jack Paxk is about 0.6 mile
away. Sununerlake I'ark and Woodard Park are both about a mile away. Englewood Park�s just over a mile away. The
proposed panition will impact the park system by adding two new households. As requu-ed for all residential
development, the applicant will be assessed a parks system development charge at the time of building pernuts for the
additional homes.
NOTTC� OF DEQSION MLP2007-00007/ANDERSON PARTITION PAGE 17 OF 24
Trans ortation: The two additional homes will generate a total of approxicnately 20 additional trips per day. To
mitigate or traffic impacts, the applicant will be dedicated right-of-way of 10 feet from the property luie for a total of
1,200 square feet of nght-of-way. Wh�le SW 1215t Avenue �s not unproved to its ultimate Iocation, it �s currently
improved anth pavement, curb and a sidewalk The Engineering Depanment �s allowing the applicant to sign an
agreement for future street unprovements in-lieu of constructulg new street unprovements. Lastly,the appLcant will be
required to pay a Washington�:ounry Traffic Impact Fee ('ITF) pnor to building each additional home.
Miti ated Costs and Ro h Pro ortionali .
The applicant � pay a F at the time of bwlding pemuts. The 7TF is a mitig ation measure that is required for new
development. Based on recent Washington County fi�ures, TTF's are e�pected to recap ture 20% of the traffic impact
of new develo ment on the Collector and Artenal Street system. The applicant v�n11 be required to pay TIF's of
approximatel}��3,020 (Effective Ju�ly 1, 2004) per new dwelling urut. Therefore, the TTF for two addiuonal dwelluig
uruts �s $6,040 ($3,020 x 2 new dwelluig units).
Based on the estimate that total TIF fees cover 20% of the impact on major street improvements citywide, a fee that
would cover 100 percent of this project's traffic impact is $30,200 ($6,040 =0.20). The d�fference between the TTF pa.id
and the full impact is considered the tuunitigated unpact on the street system. The uc�rrutigated imp act of this pro�ect
on the transponation sy�stem is $24,160 ($30,200- $6,040). The miti�ated cost for this partition will be the right-of-way
dedication o� 1,200 square feet,valued at $3,600 �$3 per square feet tor wiunproved residential property). Based on the
analysis below, there �s $20,560 worth of unnutigated unpacts left. Therefore, the value of mitigated costs does not
exceed the estimated value of impacts,meeting rough proportionahtytest.
FullI�m�pact... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..$30,200
Less TIF Assessment... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... ... .6,040
L,ess Miti ated Costs...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .3 600
Estimate Value o Urunitigate� Impacts $20,560
PUBLIC FACILITY CONCERNS
Street And Utili ,�Iin�rovements Standards (Section 18.810):
�hapter 18.810 provi es construction s�tan `a��or ie implementation of public and private facilities and
utilif�es such as streets, sewers,and drainage. The applicable standards are addressed below:
Streets:
pm oveinents:
Sect�on 18.810.030.A1 states that streets within a developinent and streets adjacent shall be improved in
accordance with the TDC standards.
Section 18.810.030.A.2 states that an�� 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-Wa��and Street Widths: Section 18.810.030.E requires a Collector street to have a 70 foot
ri�ht-of-way width and �6-foot paved section. Other improvements required may include on-street parking,
si ewalks and bikeways, underground utilities,street lighting, storm drainage, and street trees.
This site lies adjacent to S�Y1121st Avenue, which is classified as a Collector on the City of Tigard Transportation Plan
Map. At present, there �s approximately 25 feet of ROW from centerline, accordin to the most recent tax assessor's
map. The applicant should dedicate the additional ROW to provide 35 feet of ROW�rom centerline.
S�G' 121st Avenue is currently partially improved. These improvements are close to the re qu�.ired section, but do not
exactly meet the standard. In order to riutigate the impact from this development, the applicant should enter into a
future street unprovement agreement.
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 existin and proposed future streets from the boundaries of the proposed land
division. This secUon also states �at where it is necessary to give access or pernut a satisfactory future
division of ad'oining land, str�eets shall be e�ended to the boundary lines of the tract to be developed and a
barricade sha� be constiucted at the end of the stree� 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
owne� wluch shall not be removed until authorized by the City Engineer, the cost of which shall be included
in the street construction cost Tem orary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess o�150 feet in length.
NOTIC� OF DEQSION MLI'2007-00007/ANDERSON PARTT7TON PAGE 18 OF 24
Due to existing development there are no opportunities for future streets or extensions of streets.
Street Ali nment and Connections:
Section 1�.810.030.H.1 states that full street connections with spacing of no more tlian 530 feet between
connections is required except where prevented by bamers such as topography, railroads, freeways, pre-
existing�developments, lease provisions, easements, covenants or other restrict�ons e�cisting prior to May 1
1995 which preclude street connections. A full street connection may also be exempted due to a regulate�
water feature if regulations would not permit construction.
Section 18.810.030.H.2 states that all local neighborhood routes and collector streets which abut a
development site shall be extended within t�ie site to provide through ci�ulation when not precluded by
environmental or topographical constraints, existing development patterns or strict adherence to other
standards in this code. A street connection or extens�on is precluded when it is not possible to redesign, or
reconfi�ure the street pattern to�rovide required extensions. Land is considered topographically constrained
if the slope is greater than 15/o for a d�stance of 250 feet or more. In the case of environmental or
topograplucal constraints, the mere presence of a constraint is not su�cient to show that a street connection
is not possible. The applicant must show why the constraint precludes some reasonable street connection.
There are no opporturiities for new street connections due to existing development.
Private Streets: Section 18.810.030.T states that design standards for private streets shall be established by the
City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such
as a recorded maintenance agreement Private streets serving more than six dwelling units are pernutted only
within planned developments, mobile home parks,and mult�-family residential deveiopments.
The applicant's plans indicate the three lots will be served by a private street. Tl�us private street will extend from 121st
Avenue the full len�th of Tract A. Bey�nd this pou-it, the access to Lots 2 and 3 w11 be via a drivewayin Tract B. The
plat shall indicate Trract B shall be owned and mauitained bylots 2 and 3 for access and utilities.
The applicant shall place a statement on the face of the final plat indicating the private street(s will be own�d and
maintauied by the properties that will be served by it/them. In addiuon, the applicant sh� record Conditions,
Covenants and Restnctions (CC&R's) alon a�ith the fu1a1 plat that will clarify how the pnvate property owners are to
inaintain the private street(s). These �'s shall be reviewed and approved by the Ciry prior to approval of the final
plat. T�ie Cat�S �UliLC llllp roveinent design standards require private streets to have a pavement sect�on equal to a
public local street. The appLcant will need to provide this rype of pavement section.
Block Desi ns - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with
due rega�to providing adequate building sites for the use contemplated, consideration of needs for
convenient access, cinculation, 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, wedands or other bodies of water or, pre-
existing development or,
• For blocks adjacent to aiterial streets,limited access lughways, major collectors or railroads.
• For non-residential blocks in which internal public circulat�on provides equivalent access.
The proposed site is part of an existing block that has a perimeter of roughly 2,665 feet. While this does not meet the
current standard, pre-existing development prevents new blocks from beuig formed. In addition, the proposed site is
not necessarily in a location stutable tor a new street connecuon at this time.
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 minimumlot size of the applicable zoning distric�
None of the lots will be more thanl.5 times the minimum lot size (1.5 '� 7,500 square feet = 11,250 square feet).
Therefore,this criterion does not apply.
NOTIC�OF DEQSION MLI'2007-00007/ANDERSONPARTTTTON PAGE 19 OF 24
Lot Fmntage: 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 ap lies, wluch requires a parcel to
either have a minimum 15-foot frontage or a in�mmum 15-foot wide reco�ed access easement In cases
where the lot is for an attached single-family dwelling unit,the frontage shall be at least 15 feet
Lot 1, a corner lot will have 120 feet of frontage on SW 1215` Street and 33 feet of frontage on Tract A, a private
street, for a total of 153 feet of frontage. Lots 2 and 3 each have frontage of 15 feet along an access easement on Lot
l. Therefore,the standard is met.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be
located on both sides of arterial, collector and local residential streets. Private streets and industrial streets
shall have sidewalks on at least one side.
There is an e�sting sidewalk along the frontage of SW 121st Avenue. The existing driveway at the north end of the
site will be removed and a new curb and sidewalk must be constructed at that location.
A 5 foot wide sidewalk is required for the full length of the private street in Tract A. The applicant's plans show the
full 5 foot width for the full length of the private street.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be installed to serve each new
development and to connect develo ments to e�stiiig inains in accordance with the provisions set forth in
Design and Construction Standards �or Sanitary and Surface Water Management(as adopted by C1ean Water
Services in 1996 and including any future revisions or amendments) and the adopted pohcies 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 t7ie Comprehensive Plan.
There is an existing 8 inch sanitary sewer line in SW 121st Avenue,west of centerline. The applicant's plans show two
new sewer laterals to be installed to serve lots 2 and 3.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make adequate provisions for storm water and
flood water ninoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvert or other drainage facility
shall be lar�e enou h to accommodate potential runoff from its entire upstream drainage area,whether inside
or outside t7ie deve�opment The City Engineer shall approve the necessary size of the facility based on the
pro� visions of Design and Construction Standards for Sanitary and Surface Water Management�as adopted by
�;lean Water Services in 2000 and including any future revisions or amendments).
There are no upstream drainage ways that impact this development.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer
that the additional runoff resulti�ng from the development will overload an existing drainag 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 Servrces in 2000 and including any future revisions or
amendments).
In 1997, C1ean Water Services (C,'WS) completed a basin study of Fanno Creek and adopted the Farulo Creek
Watershed Management Plan. Section V of that plan includes a recommendation that local governments institute a
stormwater detention/effeaive un�pervious area reduction program resulting u� no net increase ui storm peak flows up
to the 25-year event. The Ciry wiIl require that all new developments resulting ui an increase of impervious surfaces
provide onsite detention faciliues, unless the development �s located adjacent to Fanno Creek For those
developments adjacent to Fanno Creek,the storm water runoff will be pernutted to d�scharge without detention.
NOTTC�.OF DEQSION MLI'2007-00007/ANDERSON PARTTTION PAGE 20 OF 24
It would be impractical to require an on-site water quantityfacilityto accommodate detention of the storm water from
Lots 2 and 3. �ather, the �ity standards provide that ap plicants should pay a fee in-lieu of constructing a facility if
deemed appropriate. Staff recommends payment of the fee in-lieu on this application.
The applicant's plans show the private storm lateral for Lot 2 connecting�to the e�sting catch basin in SW 121st
Avenue and then nuinulg parallel to the street within the public ROW, which is not allowed. The applicant's plans
shall be revised to move the pnvate lateral out of the new public ROW and onto private property within an easement.
Bikeways and Pedestrian Pathways:
Bikeway E�rteiision: Section 18.810.110.A states that developments ad'oinin proposed bikeways identified on
the Ci s adopted pedestrian/bikeway plan shall include provisions �or the�ture extension of such bikeways
diroug�the dedicat�on of easements or nght-of way.
SW 1?lst Avenue is a designated bicycle facility:
Cost of Construction: Section 18.810.110.B states that development permits issued for �lanned unit
developments, conditional use permits, subdivisions, and other developments which will pnncipally benefit
from such bikeways shall be conditioned to include the cost or construct�on of bikeway improvements.
The applicant shall provide the bic}�cle striping and markings if there is striping in front of the property adjacent to this
one on either side. If there is no stnpulg on both sides then the apphcant shall pay the fee-ui-lieu of striping as
detei�n'uied below.
The amount of the striping would be as follows:
120 feet of 8-inch white stripe, at$2.50/lf $300.00
? Mono-directional reflective markers @ $4.00/ea $ 12.00
1 Bike lane legends @ $175/ea $175.00
1 Directional mini-arrows Cc� $100/ea $100.00
$587.00
Minimum Width: Section 18.810.110.0 states that the minimum width for bikeways within the roadway is five
feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight fee�
The riunirnurri width for a bike lane along a Collector street is si�c feet.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication,
lighting and cable television sernces and related facilities shall be placed undergro� und, except for surface
mounted transformers, surface mounted connection boxes and meter cabinets which may be placed above
ground, temporary utility service facilities during construction, high capacity electric lines operating at 50,000
volts or above, and:
. The developer shall make all necessary arrangements with the serving utility to provide the
unde round services;
. The �ty reserves the ri�ht to approve location of all surface mounted facilities;
. All underground utilit�es, incIudmg sanitary sewers and storni drains installed in streets by the
developer, shall be constructed pnor to the surfacing of the streets; and
. Stubs for service connections shall be long enough to avoid distu�fiing the street improvements when
service connections are made.
Exception to Under-Grounding Requirement Section 18.810.120.0 states that a developer shall pay a fee in-
lieu of under-grounding costs when the development is proposed to take place on a street where existing
utilities which are not underground will serve the development and the approval authority determines that the
cost and technical difficulty of under-groundin� the ut�lities outweighs the benefit of under-grounding in
conjunction with the developmen� The dete�mnat�on shall be on a case-by-case basis. The most common,
but not the only such situat�on is a short frontage development for which under- rounding would result in
the placement ot�additional poles, rather than the removal of above-ground utilities�acilities. An applicant for
a development which is served by ut�lities which are not underground and which are located across a public
right-of-way from the applicant's propecty shall pay a fee in-lieu of under-grounding.
NOTTC� OF DEQSION MLI'2007-00007/ANDERSON PART'ITTON PAGE 21 OF 24
There are no overhead power lines in the public nght-of-way. All services to the three lou shall be placed
underground.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Public Water System:
The City of Tigard pro��ides service in this area. There is an existing public water line in SW 121st Avenue. The
ap plicant indicates two new 3/3 inch meters will be installed. The plans also show the water lines from the meters in
the public ROW, which is not allowed. The applicant's plans shall be revised to show the meters located at the new
ROW line and the private water lines shall be pIaced on pnvate property in an easement.
Stonn Water C?ualitX
The City has agreed to enforre Surface Water Management (SWM) regulations established by C1ean Water
Services (CWS) Design and Construction Standards (adopted by Resolution and Or�der No. 00-7) which
require the construct�on of on-site water quality facilit�es. The facilities shall be designed to remove 65
perrent of the phosphorus contained in 100 pement of the storm water runoff�enerated trom newly created
iinpervious surfaces. In addition, a maintenance plan shall be submitted indicating the frequency and
method to be used in keeping the facility maintained through tY►e year.
The CWS standards include a provision that would exclude small projects such as residential land partitions. It would
be impractical to re qu�_i�r��e an on-site water quality facility to accoiiunodate treatment of the storm water from Lots 2
and 3. Rather, the C�� standards provide that appl�cants should pay a fee in-lieu of constructing a faciliry if deemed
appropriate. Staff recommends pa�nnent of the fee in-lieu on this application.
Grxdi�ig and Erosion Control:
CWS Des��gn 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,
construct�on, grading, excavat�n�, clearin , and any other activity wluch accelerates erosion. Per CWS
regulations, the appl�cant is requ�red to su�mit an erosion control plan for City review and approval prior to
issuance of City pern�its.
The applicant shall subnut an erosiori control plan with the PFI Pern�it application.
Address Assi runents:
The City o igar is responsible for assigning addresses for parcels within the City of Tigard and within the Urban
Service Boundary (LJSB). An addressing fee in the amount of $50.00 per address shall be assessed. This fee shall be
paid to the Ciry pnor to f uial plat approval.
The developer will also be required to provide signage at the entrance of each shared flag lot driveway or private street
that lists the addresses that are served 6y the given driveway or street. This will ass�st emergency services personnel to
more easily find a particular home.
5urve Re uirements:
The applicant's in p at shall contain State Plane Coordinates AD 83�(9� 1)] on two monuments with a tie to the
Cic}�s global posiuonuig system (GPS) geodetic control network (�GC 22). These monuments shall be on the same line
and shall be of the same prec�sion as requu-ed 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 travetse using conventional survey�ng methods.
In addition, the applicant's as-buih drawin�s shall be tied to the GPS network. The applicant's eng'meer shall provide
the Citywith an electroruc file a�ith points or each structure (inanholes, catch basins, water valves, hy�ranu and other
water system features) in the development, and their respectrve X and Y State Plane Coordinates, referenced to NAD
83 (91).
NOTIC�OF DEQSION MLP2007-00007/ANDERSON PAR7T7TON PAGE 22 OF 24
SECTION VI. OTHER STAFF COMMENTS
The Ci of Ti ard En ineering Depa�nent has reviewed the proposal. Full comments are included in the land
tue file�MI_.P20�7-0000�. Findin�gs and conditions of approval are included in the Access, Egress and Cu-culation
(18J05) secuon and Streets and Lhilitylmprovements (18.810) section of this decision.
The City Arborist has reviewed the proposal. Findin s and conditions of app roval are included in the Landscaping
and Screenuz (18J45) sect�on, Tree Removal (18J9� secuon, and Visual Clearance Area (18J95) section of this
decision. F�Comments are in the land use file.
City of Tigarci Building Departrnent has reviewed the proposal and has no objections.
SECTION VII. AGENCY/OTHER SERVICE PROVIDER COMMENTS
Clean Water Services (CWS) has reviewed the proposal and provided general comments and comments related to
sanitary se�ver, swnn drauiage and water quality and erosion control. Full comments are included in the land use f ile.
The C�ty of Tigard Engineenng Department has included CWS comments in its conditions of approval.
Tualatin Valley Fire and Rescue has reviewed the proposal and has no additional comments or concerns regarding
the application.
SECTION VIII. PROCEDURE AND APPEAL INFORMATION
Notice: Notice was mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected goverrunent agencies
Final Decision:
THIS DECISION IS FINAL ON JLTNE 24,2008 AND BECOMES
EFFECTIVE ON ULY 10,2008 LTNLESS AN APPEAL IS FILED.
�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 18390.040.G.1. may appeal tivs 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 re�quired fee shall be filed with the Director withui ten (10) business days of the date the Notice
o}-Dec�s�on was mailed. The appeal fee schedt�le and forn�s are ava.ilable from the Planrung Div�sion of Tigard City
Hall, 13125 SW Hall Boulevard,TI'igard,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 ident�fied in the a�ntten comments subrrutted by the parties during the comment period. Additional
evidence conceming issues properly raised in the Notice of Appeal may be subrrutted by any party dunn_g the appeal
hearing, subject to any additional rules of procedure that may be adopted f rom tune to tune by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON ULY 9,2008.
NOTTC� OF DEQSION MLI'2007-00007/ANDERSON PARTITION PAGE 23 OF 24
uestions:
If you have any questions, please call the Cit�� of Tigard Current Planning Division, Tigard City Hall, 13125 SW Hall
Boulevard,Tigard, Oregon at (503) 639-4171.
C�
Tune 24,2008
A EIZBY: ng � DATE
G---�' � tant Planner
NOTICE OF DECISION ;�1LP2007-00007/:�NDERSON Pr1RTTTTON PAGE 24 OF 24
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ANDERSON PARTITION
12330 SW 121s1 AVE,Tigard,OR 97223
NOTICE OF TYPE II DECISION
„
MINOR LAND PARTITION (MLP) 2007-00007 =
ANDERSON PARTITION
(Includes a 196-day extension) 120 DAYS = 8/23/2008
SECTION I. APPLICATION SLTMMARY
FILE NAME: ANDERSON PARTITION
CASE NOS.: Minor Land Partition (MLP) MLP2007-00007
Adjustment (VAR} VAR2007-00009
Ad�ustment (VAR) VAR2007-00010
PROPOSAL: The a�plicants are requesting approval to partition one 29,580-square foot lot into three (3)
lots o 10,523 square feet, 8,350 s qu�are feet and 7,670 squ_are feet for single-farruly homes.
The e�sting single-family home will remain on Lot 1. The applicants are also requestuig
a p proval for an Ad�ustment to the access/e gress standards (VL�R2007-00009) because the
proposed pnvate street does not meet the 200-foot spacin standard for driveways and streets
on a collector; and for a landscap�ing Adjustment (VAR2�07-00010� to use ex�stuzg trees as
street trees. 1�'OTE: The applicurn{xid irntially�t�l apprvurl topartittan on�42,167 squa�e fax lat
i��to thr� las 10,S23 squa�fa� 21,047 squa�fa� arrl 7,SST squar�f� Up�z reue�v�tlae
applrcatior� sta discnzer�el claac rl��pr�sal did nrx m�t th�mn�imrm derresity ra�un�r�,n cf 4 lats a�aauld
rxx r�s p sta�zla�zCs E�rause tl��s�aa�ss axrld r,� rra� tlae stane�an�l far 4 la�s. To
�sa�2e tlae issu� th��icarns applia�l for a lct il�ad�ustmrnt to r�tlae size the subjax l�ane� u�rnz
r�i � lar lzra�aclust�r�rn �zrss�tl�ir appluut� to sh�ze�an origi�l� �29,580 squar�f�t
ratlaer�n 42,167 squaYe}�T�e �nar�r to�al l�s �ta�(3) lxrs nct dazn� T�e appltcams
grar�tl�Crzy a 196day eetenswn�the 120-�ay�ule so tl�Zt sta�f�Id n�tiezvtlae dx�n�es.
APPLICANTS/
OWNERS: Mary Anne and Edward Anderson
PO Box 23593
Tigard, OR 97281
ZONING
DESIGNATION: R 4.5: Low Densi Residential. The R 4.5 zoning district is designed to accommodate
etac ed sing e- �y omes wit or without accessory residential units at a muiunum lot size
of 7,500 square feet. DuPlexes and attached single-family units are pernutted conditionally.
Some civic and u�stitutional uses are also pernutted conditionally.
LOCATION: 12330 SW 121st Avenue;Washington CountyTax Map 2S103BA,Tax Lot 900.
PROPOSED PARCEL 1: 10,523 Square Feet
PROPOSED PARCEL 2: 8,350 Square Feet
PROPOSED PARCEL 3: 7,670 Square Feet
APPLICABLE
REVIEW
CRITERIA: Community Development Code Cha ters 18.370, 18.390, 18.420, 18.510, 18.705, 18.715,
18.725, 18.730, 18.745, 18.765, 18.790,�8.795 and 18.810.
SECTION II. DECISION
Notice is hereb�� given that the City of Tigard Community Development Director's designee has APPROVED the
request for a Partition and Adjustment to the Access/Egress Standards (VAR2007-00009), subject to certain
conditions, and DENIED the request for a Landscaping Adjustment (VAR2007-00010). The findings and
conclusions on which the decision is based are noted in the full decision,available at CityHall.
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 C) per page,or the current rate charged for copies at the tune of the request.
SECTION III. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON JIJNE 24, 2008 AND BECOMES
EFFECTIVE �N JULY 10, 2008 LTNLESS AN APPEAL IS FILED.
DA- Deal-:
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 wluch provides that a
written appeal together with the required fee shall be filed with the Director wrthin ten �10) busuiess daYs of the
date the Notice of Dec�sion was mailed. The appeal fee schedule and forn�s are ava able from the 1'lanning
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 wntten comments submitted by the parties during the comment period. Additional
evidence concerning issues properly raised in the Notice of Appeal may be subrrutted by any party duru7_g the appeal
hearing,subject to any additional rules of procedure that maybe adopted f rom time to tune by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM �N ULY 9, 2008.
Fo�estions:
er information please contact the Planning Division Staff Planner, E� at (503) 639-4171, Tigard
City Hall, 13125 SW HallBoulevard, Tigard, Oregon 97223 or by email to emil�t�ga or.gov.
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ANDERSON P�RTITIpN
�raesw�n«�ve.pqo�arm
NdTIC�TOMORTGAC�E,LIENHOLLr,tC,VENDORORSELLER:
'IT�E TTGARD DEVELOPMENT OODE REQUIRES THAT IF YOU REC�IVE T�IIS NOTICE, IT SHALL BE PROMIyILY
FORWARDED TO THE PURQ�SER
NOTICE OF PENDING „
LAND USE APPLICATION :
MINOR LAND PARTITION . , ,
DATE OF NOTICE: October 26, 2007
FiLE NuMBExs: MINOR LAND PARTITION (MLP) 2007-00007
AD USTIVIENT VAR 2007-00009
AD�US'IIVIENT VAR 2007-00010
F�LE N�E: ANDERSON PARTITION
REQLIEST: The applicant is requesting approval to partition one 42,167 square foot lot into three lots of 10,523 square
feet, 7,557 square feet and 21,047 square feet for single-family homes. The e�sting single-family home will
reiY�a.in on Lot 1. The applicant requesu approval of an adjustment to the access-spacing standard
(VAR2007-00009) becaiue the proposed private street does not meet the 200 foot spacing standard for
driveways and streets on a collector. The applicant also requests approval of a landscaping adjustment
(VAR2007-00010) to use existing trees as street trees.
LOCATION: 12330 SW 1215�Avenue;Washington CountyTaY Map 2S103BA,Tax Lot 900.
ZONE: R 4.5: Low Densitv Residential. The R 4.5 zonin district is designed to accommodate detached single-famil �
homes wich or without accessory residential unitsa t a muurnum lot size of 7,500 square feet. Duplexes and
attached single-family units are perniitted conditionally. Some civic and institutional uses are also pernutted
conditionally.
APPLICABLE
REVIEW
CRITERIA: Communiry Development Code Chapters: 18370, 18.390, 18.420, 18.510, 18J05, 18J15, 18J25, 18745,
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
NOVEMBER 9, 2007. All comments should be directed to Emil�Eng,Assistant Planner (503) 718-2712 in the Planning Division
at the Ciry of Tigard, 13125 S W Hall Boulevard,Tigard, Oregon 97223. You may reach che City of Tigard by telephone at 503-639-
4171 or by e-mail to emily�qZgard-or.gov.
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
Z'I-IE Q TY OF TI G ARD APPRE Q ATE S RE C�I VING COMI��NTS AND V ALUE S YOUR I NPUT. CONIIv1E NTS WI LL
BE CONSIDERED AND ADDRESSED WIT��N THE NOTTCE OF DEQSION. A DEQSION ON THIS ISSUE IS
TENTATIVELY SCHEDULED FOR NOVEMBER 27, 2007. IF YOU PROVIDE CONIn�NTS, YOU WILL BE SENT A
COPY OF THE FULL DEQSION ONCE IT HAS BEEN RENDERED. WRITTEN COMI��NTS WILL BECOME A
PART OF TI-�E PERMANENT PUBLIC;RECORD AND SHALL CONTAIN TI-�E FOLLOWING INFORMATTON:
• Address the specific "Applicablf view Criteria" described in the sectio. �ve or any other criteria believed to be
applicable to this proposal;
• Raise any issues and/or concerns believed to be unportant a�ith sufficient evidence to allow the�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 specificiry on that issue.
I�AILURE OF ANY PARTY TO ADDRESS 'I'F-iE RELEVANT APPROVAL GRIT'ERIA WITH SUFFIQENT SPEQFIQTY
MAY PRECLUDE SUBSEQUENT APPEALS TO 'I'I-� LAND USE BOARD OF APPEALS OR QRCUIT COURT ON
'['HAT ISSLJE. SPEQFIC FINDINGS DIRECTED AT THE RELEVANI' APPROVAL CRITERIA ARE V(h�AT
CONSTITUI'E RELEVANI'EVIDENCE.
AFTER THE 14-DAY COIvIIv1ENT PERIOD Q,OSES, TI-� DIRECI'OR SHALL ISSLIE A TrPE II ADMINISTRATIVE DEQSION. TI�'
DIRECTOR'S DEQSION SHALL BE MAILED TO THE APPLICANt AND TO O��TERS OF RECORD OF PROPERTY LOC,ATED WITHIN 500
FEET OF Tf��E SUBJECT SITE,AND TO ANYONE ELSE WHO SUBMITTED WRITTEN COMIvIENTS OR WHO IS OTI-IERWISE ENLTTLED TO
NOTICE. 7�IE DIRECTOR'S DEQSION SHALL ADDRESS ALL OF TE�RELEVANT APPROVAL CRITERIA. BASED UPON'IHE QZITERIA
AND THE FACTS CONTAINED WITHIN Tf-� RECORD,THE DIRECTOR SHALL APPROVE,APPROVE WITH CONDITTONS OR DENY THE
REQUESTED PERMIT Oft ACI'ION.
SUMMARY OF THE DECISION-MAKING PROCESS:
• The application is accepted by the Ciry
• Notice is sent to property owners of record within 500 feet of the proposed development area allowing a 14-day written
comment period.
• The applicacion is reviewed by Ciry Staff and affected agencies.
• Ciry 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 propeny 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 otheiwise
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 C'�mmiinity Development Depanment. If you want to
inspect the file,please call and make an appointment with either the project planner or the plaruung technicians. Copies of these items may
be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be
directed to the Plaruiing Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written
Comments."
H WE ST ....... .._._......�.
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RE QUE ST FOR COMME NTS ��
� � .
DATE: October26,2007 �--�`�...�l...R ��;�,
TO: Mark Vandomelen, Plans Examination Su�ervisor T � � <<!�17
�?� �;GAFiD
FROM: Cityof TigardPlanningDivision ,,, .i ,;, ;rH,,.:,r,,_r,�,*,�.,
STAFF CONTACT: EmilvEng,Assistant Planner �x 2712�
Phone: (503) 639-4171 Fax: (503) 624-3681 Err�ail: emil� tigat�d-or.guv
MIN�R LAND PARTITION (MLP) 2007-00007/ADUSTMENTS (VAR) 2007-00009 & 00010
➢ ANDERSON PARTITIONQ
REQLTEST: The applicant is requesting approval to partition one 42,167 square oot lot into three ots o 10,523 square
feet, 7,557 square feet and 21,047 square feet for single-familyhomes. The existing single-familyhome will remain on Lot
One. The a�plicant requests approval of an adjustment to the access-spacing standard (VAR2007-00009) because the
proposed pnvate street does not meet the 200 foot spacing standard for dnveways and streets on a collector. The
applicant also requests approval of a landscaping adjustment (VAR2007-00010) to use e�sting trees as street trees.
LOCATION: 12330 SW 1215` Avenue; Washington County T� Map 2S103BA, Tax Lot 900. ZONE: R 4.5: Low
Densit�Residential. 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 ot 7,500 square feet. Duplexes and attached single-family units are
pernzitted conditionally. Some civic and institutional uses are also pemiitted conditionally. APPLICABLE REVIEW
CRITERIA: Commuruty Development Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.745,
18765, 18J90, 18J95 and 18.810.
Attached are the Site Plan, V'icinity Map and Ap licant's Materials for your review. From information supplied by
various departments and age�ncies and from other�ornlation available to our staff, a report and recommendation will be
prepared and a dec�sion w�11 be rendered on the propo�sal in the near future. If�you w�sh to coininent on this application,
WE NEED YOUR COMMENTS BACK BY: NOVEMBER 9 2007. You ma y use the s pace provided below or
attach a separate letter to return your comments. I u are unable to res ond b the above date, please phone the staff
contact noted above with your comments and co irmyour commenrs in writing as soon as possible. I� you have any
questions,contact the Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
� We have reviewed the proposal and have no objections to it.
I'lease contact of our office.
Please refer to the enclosed letter or email.
_ Written comments provided below:
Name&Number of Person Commenting:
/''�n,/ �c��5 `1
� t .
REQUEST FOR COMMENTS ��
• � .
I�.1'I'I:: October 2G. 2OO%
TO: PER ATTACHED
FROM: Cit�of Tigard Planning Di�-ision
STAFF CONTACT: Emi1�-Eng, .�ssistant Planner (a 2712�
Phone: (503) G39-�171 F'as: (503) G24-3681 Email: emilyja�ti�ard-or.�ov
MINOR LAND PARTITION (MLP) 2007-00007/ADUSTMENTS (VAR) 2007-00009 & 00010
➢ ANDERSON PARTITION Q
REQUEST: The applicant is requesting appro��al to partition one 42,1G7 square foot lot into three lots of 10,523 square
feet, 7,557 square feet and 21,047 square feet for single-famil�- homes. The e�sting single-family home will remain on Lot
One. The applicant requests approval of an adjustment to the access-spacing standard (VAR2007-00009) because the
proposed private street does not meet the 200 foot spacing standard for driveways and streets on a c�llector. The
applicant also requests approval of a landscaping adjustment �'r1R2007-00010) to use exisung trees as street trees.
LOCATION: 12330 SW 121" r�venue; Washington County Tax Map 2S103BA, Tax Lot 900. ZONE: R-4.5: Low
Densit� Residenrial. The R-4.5 zoning ciistrict is desi�med to accommodate detached single-famil�- homes with or without
accessory residenrial units at a inuumum lot size of 7,500 square feet. Duplexes anci attacheel sul�le-family units are
permitted conditionally. Some civic and insriturional uses are also permitted condirionall}'. APPLICABLE REVIEW
CRITERIA: Communit�- Development Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.745,
18.765, 18.790, 18.795 and 18.810.
rlttached are the Site Plan, Vicinity Map and Applicant's Materials for your review. From informarion supplied by
various departments and a encies and from other informarion available to our staff, a report and recommendarion will be
prepared and a decision w� be rendered on the proposal in the near future. If you wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: NOVEMBER 9, 2007. You may use the space provided below or
attach a separate letter to returri your comments. If#�ou are unable to res�ond b�� the above date, please phone the staff
contact noted above with your comments and confirm your comments in writing as soon as possible. rf you have any
questions, contact the Tigard Planning Di�-ision, 13125 SW Hall Boulevard,Tigard,OR 97223.
PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY:
_ We ha�-e re�riewed the proposal and have no objecrions to it.
_ Please contact of our office.
Please refer to the enclosed letter or email.
_ Written comments provided below:
Name&Number of Person Commenting:
. _ �'TY OF TIGARD REQUEST FOR "'�MMENTS
NOTIFICA. LIST FOR LAND USE & COMMUNITY DE JPMENT APPLICATIONS
�
FILE NOS.: ���� � Z��%–? – vvc�L: –1 FILE NAME: ��1�'�.i -�'�` � �`'�'�� �'t—�
CITY OFFICES
rrm v
Pi�`f L NG RANGE PLANNINGlRon Bunch,Planning Mgr. /�CURRENT PLANNING/Todd Prager/Ar6orist �� POLICE DEPT.lJim Wolf,Crime Prevention Officer
� �BUILDING DIVISION/Mark Vandomelen,Plans Ex.Supervisor �ENGINEERING DEPT./Kim McMillan,Dvlpmrrt Review Engineer _HEARINGS OFFICER(+2 sets)
_CITY ADMINISTRATION/Cathy Wheatley,Ciry Recorder _PUBLIC WORKSlRob Murchison,Project Engineer.��Y PLANNING COMMISSIONIGRETCHEN(+�2 sets)
_COMMUNITY DVLPMNT.DEPT.lPlanning-Engineering Techs._PUBLIC WORKS/Steve Martin,Parks Supervisor P��,ti. �FILEIREFERENCE(+p sets)
_CODE ENFORCEMENT/Christine Darnell,Code Compliance Specialist(DCA) � � �
.�r
Futi s�-Z, ��,.�.s � SPECIAL DISTRICTS
�TUAL.HILLS PARK&REC.DIST.+�'�'fUALATIN VALLEY FIRE 8 RESCUE♦ _ TUALATIN VALLEY WATER DISTRICT��CLEAN WATER SERVICES+►
Planning Manager North Division Administrative Office Marvin Spiering/SWM Program
15707 SW Walker Road John K.Dalby,Deputy Fire Marshall PO Box 745 155 N.First Avenue
Beaverton,OR 97006 14480 SW Jenkins Road Beaverton,OR 97075 Hillsboro,OR 97124
Beaverton,OR 97005-1152
LOCAL AND STATE IURISDICTIONS
CITY OF BEAVERTON� CITY OF TUALATIN� OR.DEPT.OF FISH 8 WILDLIFE OR.DIV.OF STATE LANDS
_ Planning Manager Planning Manager Devin Simmons,Habitat Biologist Melinda Wood�wwr,Fa.m RBq���ea�
_ Steven Sparks,oa�Svcs Manager 18880 SW Martinazzi Avenue North Willamette Watershed District 775 Summer Street NE,Suite 100
PO Box 4755 Tualatin,OR 97062 18330 NW Sauvie Island Road Salem,OR 97301-1279
Beaverton,OR 97076 Portland,OR 97231
_ OR.PUB.UTILITIES COMM.
METRO-LAND USE 8 PLANNING� _OR.DEPT.OF GEO.8 MINERAL IND. 550 Capitol Street NE
_ CITY OF DURHAM � 600 NE Grand Avenue 800 NE Oregon Street,Suite 5 Salem,OR 97310-1380
City Manager Portland.OR 97232-2736 Portland,OR 97232
17160 SW Upper Boones Fry.Rd. Joanna Mensher,DataResourceCenter�ZCA) US ARMY CORPS.OF ENG.
Durham,OR 97224 Paulette Allen,Growtt�ManagernentCoordinata OR.DEPT.OF LAND CONSERV.B DVLP. Kethryn He��iS 1MaP:acws�anaron�y�
_ Mel Huie,GreenspacesCoortlmata�CPA20A) M81'8 UII08(Canp PlanAmendmenisBMeasure37) Routing CENWP-OP-G
CITY OF KING CITY� _ Jennifer Budhabhatti,Regqnal Poanner(WetlanAS) 635 Capitol Street NE,Suite 150 PO Box 2946
City Manager _ C.D.Manager,GrowlhMar�agemeniServ�ces Salem,OR 97301-2540 Portland,OR 97208-2946
15300 SW 116th Avenue
King City,OR 97224 WASHINGTON COUNTY�
OR.DEPT.OF ENERGY cPOwem�es i��veaJ OR.DEPT OF AVIATION��to�oPo�e Towe�sl Dept.of Land Use&Transp.
Bonneville Power Administration Tom Highland,Planning 155 N.First Avenue
_CITY OF LAKE OSWEGO � Routing TTRC—Attn: Renae Ferrera 3040 25th Street,SE Suite 350,MS 13
Planning Director PO Box 3621 Salem,OR 97310 Hillsboro,OR 97124
PO Box 369 Portland,OR 97208-3621 Steve Conway�ce�e�aia,pPs.�
Lake Oswego,OR 97034 Planning Division�zca�nns,e
_ OR.DEPT.OF ENVIRON.QUALITY(DEQ) ODOT,REGION 1 � Brent Curtis tcPn>
CITY OF PORTLAND (NO[Ay for Wetlands and Potential Environmental Impacts) Development Review Coordinator DOf18 M2tQ)8(ZCA)MS 14
Planning Bureau Director Regional Administrator _Carl Torland, Right-of-Way Section�va�uo�5� _Sr.Cartographer ccPNZCr,�MS,.
1900 SW 4`"Avenue,Suite 4100 2020 SW Fourth Avenue,Suite 400 123 NW Flanders _Jim Nims,s�rve��,z�A,MS,S
Portland,OR 97201 Portland,OR 97201-4987 Portland,OR 97209-4037
OR.PARKS 8 REC.DEPT.
WA.CO.CONSOL.COMM.AGNCY ODOT,REGION 1 -DISTRICT 2A� _ODOT,RAIL DIVISION STATE HISTORIC
DaveAustin�wcccn�•gn°,M�..�.,,, Sam Hunaidi,AssistantDisviciManager (NOtltyi/ODOTR/R-Hwy.CroasingisOmyAccaamLand) PRESERVATION OFFICE
PO Box 6375 6000 SW Raab Road Dave Lanning,s�c�os5��9sare�YSC��ars� (Notifyi/GropartyHasHDOverlay)
Beaverton,OR 97007-0375 Portland,OR 97221 555-13'"Street,NE,Suite 3 725 Sumner Street NE,Suite C
Salem,OR 97301-4179 Salem,OR 97301
UTILITY PROYIDERS AND SPECIAL AGENCIES (Ze.�.c c�1 i ww+�s J,�,
PORTLAND WESTERN R/R,BURLINGTON NORTHERN/SANTA FE R/R,OREGON ELECTRIC R/R(eurlington Northem/5anta Fe RIR Predecessor)
Bruce Carswell,President&General Manager
1200 Howard Drive SE
Albany,OR 97322-3336
SOUTHERN PACIFIC TRANS.CO.R/R METRO AREA COMMUNICATIONS x COMCAST CABLE CORP. �TRI-MET TRANSIT DVLPMT.
Clifford C.Cabe,Construction Eng'neer Debra Palmer�r�,�exa�a�SO��Y� Gerald Backhaus i��r��eac«��rn (IfPiqeclisWitnin�.MileofaTrensitRoute)
5424 SE McLoughlin Boulev d �� Twin Oaks Technology Center 14200 SW Brigadoon Court Ben Baldwin,Project Planner
Portland,OR 9723�_ ,I G,� 1815 NW 169th Place,S-6020 Beaverton,OR 97005 710 NE Holladay Street
�� \�"� Beaverton,OR 97006-4886 PoRland,OR 97232
XPORTLAN GENERAL ELECTRIC �NW NATURAL GAS COMPANY �VERIZON �MCO3oea3l �QWEST COMMUNICATIONS
K vc.Design Consultant Scott Palmer,Engineering Coord. Brandon Kahler,Engineering Lynn Smith,Eng.ROW Mgr.
9480 SW Boeckman Road 220 NW Second Avenue 20575 Vonnewmann Dr.,Suite 150 8021 SW Capitol Hill Rd,Rm 110
Wilsonville,OR 97070 Portland,OR 97209-3991 BeaveRon,OR 97075-1100 Portland,OR 97219
TIGARD/TUALATIN SCHOOL DIST.#23J BEAVERTON SCHOOL DIST.#48 �OMCAST CABLE CORP. COMCAST CABLE COMMUNIC.
Teri Brady,Administrative Offices Jennifer Garland,Demographics Alex Silantiev ,s«�.,�o�«�eaca,�, Brian Every,�e����a�,
6960 SW Sandburg Street 16550 SW Merlo Road 9605 SW Nimbus Avenue,Bldg.12 10831 SW Cascade Avenue
Tigard,OR 97223-8039 Beaverton,OR 97006-5152 Beaverton,OR 97008 Tigard,OR 97223-4203
+If INDICATES AUTOMATIC NOTIFICATION IN COMPLIANCE WITH INTERGOVERNMENTAL AGREEMENT IF WITHIN 500'OF THE SUBJECT PROPERTY FOR ANY/ALL
CITY PROJECTS (Project Planner Is Responsi6le For Indicating Parties To NotifY�. h.\pattylmasterslRequest For Comments Notification Listdoc (UPDATED: 24-Aug-07)
(Also update�.i�.\curpin\setup\labelslannexations\annexation_utilities and franchises.doc,mailing labels 8 auto text when updating this documer
� I ��1�jj�
4 ' `'�..F M��
Tualatin Valley �
Fire & Rescue 3 0 2007
October 30, 2007
Emily Eng, Assistant Planner
City of Tigard Planning Division
13125 SW Hall Boulevard
Tigard, OR 97223
Re: MLP 2007-00007 Anderson MLP (Amended)
Dear Emily,
The fire district has no additional comments or concerns regarding this amended application. If there is anything
about this letter you do not understand, disagree with, or wish to discuss further, please call me.
Sincerely,
ao�� � �a�d�
John K. Dalby, Deputy Fire Marshal II
Tualatin Valley Fire & Rescue, North Division
14480 SW Jenkins Road
Beaverton, OR 97005-1152
{503) 356-4723
Nort/r Division Ojfice
14480 SW Jenkins Road, Beaverton,OR 97005 Phone: 503-356-4700 Fax: 503-644-2214 www.tvfr.com
�. J/r/
� *
���
CleanWater Services
� ���� ` �"""'��"" "� " ` �` �� RECEIVED PLANNING
NOV 0 6 2007
MEMORANDUM CITY OF TIGARD
DATE: November 2, 2007
FROM: David Schweitzer, Clean Water Services
TO: Emily Eng, Assistant Planner
City of Tigard Planning Division
SUBJECT: Review Comments — Anderson Partition, 2007-00007 MLP, 2007-00009 &00010
VAR
GENERAL COMMENTS
■ This Land Use Review by Clean Water Services (CWS) does not constitute approval of
storm or sanitary sewer compliance with the NPDES permit held by CWS. CWS must
review and approve final construction plans prior to issuance of any construction and/or
connection permits.
■ All provisions of the development submittal shall be in accordance with current CWS Design
and Construction Standards, (presently R&O 07-20), and all current Intergovernmental
Agreements between the City and CWS.
■ Final construction plans shall be reviewed and approved by CWS for conformance with
current CWS Design and Construction Standards prior to issuance of any construction
permits.
■ A Stormwater Connection Permit shall be required, as approved by CWS, prior to
construction of sanitary sewer, storm and surface water systems, final plat approval, and any
work within sensitive area buffers and vegetated corridors.
■ Public sanitary and storm sewer easements shall be required in accordance with current CWS
Design and Construction Standards.
SANITARY SEWER
■ Each lot in the development shall be provided with a direct gravity side sewer(service
lateral) connection to a public sanitary sewer mainline in accordance wilh current CWS
Design and Construction Standards. Each sanitary lateral shall provide service to only one
lot and shall be contiguous with public right-of-way or public sewer easement.
2550 SW Hillsboro Highway• Hillsboro, Oregon 97123
Phone: (503) 681-3600 • Fax: (503)681-3603 •www.CleanWaterServices.org
. . , �i
��.�,
CleanWater Services
Our cn�nniilniciil i� �����,ii
■ The engineer shall verify public sanitary sewer availability to adjacent properties and extend
public sanitary sewer to provide service to adjacent properties in accordance with current
CWS Design and Construction Standards, (presently R&O No. 07-20). An extension of the
public system east from SW 1215� Street per chapter 5.02 within an appropriately sized
easement per chapter 5.03 along the south property line of lot 1 to a point adjacent to and in
line with the proposed east property line of lot 2 shall be required. Per chapter 5.06.3 there
shall be a minimum of 5' clear separation between SS and SD lines.
STORM DRAINAGE AND WATER QUALITY
■ Each lot in the development shall be provided with a gravity service lateral and individual
connection to a public storm conveyance. A water quality facility shall be provided for new
impervious areas, or payment of a fee in lieu of, as approved by the City.
■ The engineer shall verify public storm sewer availability to adjacent properties and extend
public storm sewer to provide service to all uphill properties per chapter 5.02. The proposal
to extend storm scrvicc from the existing catch basin CWS 183140 shall require a public
extension, with the appropriate easements and be designed to public standards per 5.07.3 (a-
1, 2, or 3) with a public extension east from SW 121St Street within an appropriately sized
easement per chapter 5.03 along the south property line of lot 1 to a point adjacent to and in
line with the proposed east property line of lot 2.
■ A hydraulic and hydrological analysis of the existing drainage and downstream storm
conveyance system, in accordance with current CWS Design and Construction Standards, is
required. The applicant is responsible for mitigating downstream storm conveyance if the
existing system does not have the capacity to convey the runoff volume from a 25-year, 24-
hour storm event. Public underground detention shall not be approved or permitted.
SENSITIVE AREA
■ CWS has reviewed this proposal for Tax/Lot Map 2S1 03BA-00900 and issued a Sensitive
Area Pre-Screenin� Site Assesment, CWS File Number 06-003242, far the proposed
development dated October 31, 2006. Sensitive areas do not appear to exist on site or within
200' of the site. This document will serve as the Service Provider Letter for lots 1 and 3. Lot
2 however will require a new Pre-Screening Assesment, as it was not included in the original
Assesment and does not appear to be yet deeded to 2S1 03BA-00900 per the tax map.
EROSION CONTROL
■ All CWS erosion control requirements in accordance with current CWS Design and
Construction Standards shall be met.
■ All sites of one acre or more of disturbed ground shall require an NPDES 1200C permit.
2550 SW Hillsboro Highway• Hillsboro, Oregon 97123
Phone: (503)681-3600•Fax:(503)681-3603 •www.CleanWaterServices.org
• i
RE QUE ST F�R COMMENTS ��
.
DATE: October 26,2007
� � ' ' '
TO: Rob Murchison, Public Works Project Engineer
FROM: City of Tigard Planning Division _
�- . �-----
STAFF CONTACT: ;��milvEng, Ass�s ant Planner (x 2712� �
Phone: (503) 639-4171 Fax: (503�.6�4-3681 Email:emil ti�arcl-or.�ov
�'
MINOR LAND 'i'�`� MLP) 2007-00007/ADUSTMENTS (VAR) 2007-00009 & 00010
➢ ANDERSON PARTITIONQ
REQUEST: The applicant is requesting approval to partition one 42,167 square oot ot into three lots o 10,523 square
feet, 7,557 square feet and 21,047 square feet for single-familyhomes. The e�sting single-family home will remain on Lot
One. The applicant requests approval of an adjustment to the access-spacin� standard (VAR2007-00009) because the
proposed pnvate street does not meet the 200 foot spacing standard for dnveways and streets on a collector. The
applicant also requests approval of a landscaping adjustment (VAR2007-00010) to use e�sting trees as street trees.
LOCATION: 12330 SW 121" Avenue; Washington County Tax Map 2S103BA, Tax Lot 900. ZONE: R 4.5: Low
Densit�Residential. The R 4.5 zoning district is desi ned to accommodate detached single-family homes with or without
accessory residential units at a minimum lot size o�7,500 square feet. Duplexes and attached single-family units are
pernzitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLIC.ABLE REVIEW
CRITERIA: Community Development Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.745,
18J65, 18J90, 18.795 and 18.810.
Attached are the Site Plan, Vicinity Map and Ap licant's Materials for your review. From inforn�ation supplied by
various departments and age� ncies and from other�om�ation available to our staff, a report and recommendation will be
prepared and a decision wi11 be rendered on the proposal in the near future. Ifyo u wish to comment on this application,
WE NEED YOUR COMMENTS BACK BY: NOVEMBER 9 2007. You ma y use the s pace provided below or
attach a separate letter to return your comments. I u are una le to res ond b the above date, please phone the staff
contact noted above with your comments and co irmyo ur comments in writing as soon as possible. I� you have any
questions, contact the Tigard Plannulg Division, 13125 SW Hall Boulevard,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 or email.
_�" Written comments provided below:
��6�� � � Y)' L��ti?1 �Y�! � �C� C' c�C'(1
� � � �.�l I ��U L C �
Name&Number of Person Conunenting:
� '
MEMORANDUM
TO: Emily Eng
FROM: Todd Prager, City Arborist
RE: Anderson Partition
DATE: May 29, 2008
As you requested I have provided comments on the "Anderson Partition" project. If you
have any questions or concerns regarding my comments please contact me anytime.
18.370.020 Adiustments
C.6.a Adiusfinent to use of existinQ trees as street trees.
The applicant is proposing to use finro existing trees (#1 and #3) as street trees.
However, they appear to be set back far enough from both the existing and proposed
right of ways that they will not likely conflict with future street tree plantings. The
applicant may consider planting small statured street trees to avoid potential future
conflicts. Please consider denying this adjustment.
18.745.030 General Provisions
C, Installation Requirements._The installation of all landscaping shall be as
follows:
1. All landscaping shall be installed according to accepted planting
procedures.
The accepted planting procedures are the guidelines described in the Tigard Tree
Manual. These guidelines follow those set forth by the International Society of
Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the
American Institute of Architects' Architectural Graphic Standards, 10th edition. In the
Architectural Graphic Standards there are guidelines for selecting and planting trees
based on the soil volume and size at maturity. Additionally, there are directions for soil
amendments and modifications.
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 rirle.
D. Certificate of Occupancv. Certificates of occupancy shall not be issued unless
the landscaping requirements have been met or other arrangements have
been made and approved by the City such as the posting of a bond.
The applicant is proposing to retain 9 of 13 (69%) of the viable trees on site. Therefore,
they must mitigate for 50% of the 90.7 viable caliper inches they are proposing to
remove. The current in lieu of mitigation payment has been determined to be $125 per
caliper in removed. Therefore, the applicant must pay ($125/caliper inch x 90.7 viable
caliper inches removed x 50%) $5668.75 in mitigation. The applicant is not proposing
to plant any mitigation trees; therefore they must pay the full $5668.75 into our Tree
Mitigation Fund.
E. Protection of Existin_q Landscapin_q. Existing vegetation on a site shaU be
protected as much as possib/e:
1. The developer shall provide methods for the protection of existing
vegetation fo remain during the construction process; and
2, The plants to be saved sha!!be noted on the landscape plans (e.g.,
areas not to be disturbed can be fenced, as in snow fencing which
can be placed around the individual trees).
All trees to be preserved shall be protected with five or six (5' - 6') foot high chain link
fences. Fences are to be mounted on two inch diameter galvanized iron posts, driven
into the ground to a depth of at least 2-feet at no more than 10-foot spacing. The
applicant shall position fencing as directed by the project arborist to protect the trees to
be retained. The applicant shall allow access by the City Arborist 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.
Any tree that is located on property adjacent to the construction project that will have
more than 15% of its root system disturbed by construction activities shall also be
shown on the plans, and adequately protected.
The applicant has not shown the location of the tree protection fencing on the tree
protection plan. Please consider having the applicant show the tree protection fencing
on the tree protection plan. Also, please have them include a signature of approval
from their project arborist on the plans regarding the tree protection zone dimensions.
18.745.040. Street Trees
The applicant is proposing to use two existing trees (#1 and #3) as street trees.
However, they appear to be set back far enough from both the existing and proposed
right of ways that they will not likely conflict with future street tree plantings. The
applicant may consider planting small statured street trees to avoid potential future
conflicts. Please consider denying this adjustment.
Also, please have the applicant indicate the spacing and species of street trees they are
proposing to plant. Small statured trees that they may consider planting include Comus
kousa, Syringa reficulata, Magnolia stellafa, Acer tataricum, and Cercis sp.
B. Street tree plantinQ list. Certain frees can severely damage utilities, streets and
sidewalks or can cause personal injury. Approval of any planting list shall be
subject to review by the Director.
The accepted planting procedures are the guidelines described in the Tigard Tree
Manual. These guidelines follow those set forth by the International Society of
Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the
American Institute of Architects' Architectural Graphic Standards, 10th edition. In the
Architectural Graphic Standards there are guidelines for selecting and planting trees
based on the soil volume and size at maturitv. Additionally, there are directions for soil
amendments and modifications.
Street trees shall be chosen from the City of Tigard's Street Tree List unless otherwise
approved by the City Arborist.
18.790.030, Tree Plan Requirement
A. Tree plan required. A tree plan for the p/anting, remova/and protection of
trees prepared by a certified arborist shall be provided for any lot, parcel or
combination of lots or parcels for which a development application for a
subdivision, partition, site development review, planned development or
conditional use is filed. Protection is preferred over removal wherever
possible.
As required for partitions, the applicant submitted a tree plan conducted by Danny
Luttrell Jr., a certified arborist. However, the report does not contain the four required
components and is therefore not acceptable (See B4 below for details).
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;
The Arborist Report identified the location, size and species of all existing trees,
consistent with this standard.
2. Identification of a program to save existing trees or mitigate tree
removal over 12 inches in caliper. Mitigation must fo!!ow the
replacement guidelines of Section 18.790.060D, in accordance with the
following standards and shall be exclusive of trees required by other
development code provisions for landscaping, streets and parking lots:
a. Retention of less than 25% of existing trees over 12 inches in caliper
requires a mitigation program in accordance with Section
18.790.060D of no net loss of trees;
b. Retention of from 25% to 50% of existing trees over 12 inches in
caliper requires that two-thirds of the trees to be removed be
mitigated in accordance with Section 18.790.060D;
c. Retention of from 50% to 75% of existing trees over 12 inches in
caliper requires thaf 50 percent of the trees to be removed be
mitigated in accordance with Section ?8.790.060D;
d. Retention of 75% or greater of existing trees over 12 inches in caliper
requires no mitigation.
The applicant is proposing to retain 9 of 13 (69%) of the viable trees on site. Therefore,
they must mitigate for 50% of the 90.7 viable caliper inches they are proposing to
remove. The current in lieu of mitigation payment has been determined to be $125 per
caliper in removed. Therefore, the applicant must pay ($125/caliper inch x 90.7 viable
caliper inches removed x 50%) $5668.75 in mitigation. The applicant is not proposing
to plant any mitigation trees; therefore they must pay the full $5668.75 into our Tree
Mitigation Fund.
3. ldentification of al! trees which are proposed to be removed;
All of the trees proposed to be removed are identified in the applicant's survey.
4. A protection program defining standards and methods that will be used
by the applicant to protect trees during and after construcfion.
The applicant did not indicate the type and location of tree protection fencing on their
plans. Please have the applicant position fencing per the project arborist's
recommendations. Also, please have them include a signature of approval from their
project arborist on the plans regarding the tree protection zone dimensions.
All trees to be preserved shall be protected with five or six (5' - 6') foot high chain link
fences. Fences are to be mounted on finro inch diameter galvanized iron posts, driven
into the ground to a depth of at least 2-feet at no more than 10-foot spacing. The
applicant shall position fencing as directed by the project arborist to protect the trees to
be retained. The applicant shall allow access by the City Arborist 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.
18.790.040 lncentives for Tree Retention
B. Subsequent removal of a tree. 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 afiected 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 secfion should either die or be removed
as a hazardous tree. The form of this deed restriction shall be subject to
approva!by the Director.
A condition of approval will ensure that this standard is met.
98.790.050 Permit Applicabilitv
A. Remova/permit required. Tree remova!permits sha/!be required only for
the removal of any tree which is located on or in a sensitive land area as
defined by Chapfer 18.775. The permit for removal of a tree shal!be
processed as a Type I procedure, as governed by Section 18.390.030, using
the following approval criteria:
1. Removal of fhe tree must not have a measurable negative impact on
erosion, soil stability, flow of suriace waters or water quality as evidenced
by an erosion control plan which precludes:
a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic
foot in volume on public or private streets, adjacent property, or into the
storm and suriace water system, either by direct deposit, dropping,
discharge or as a result of the action of erosion;
b. Evidence of concentrated flows of water over bare soi/s; turbid or
sediment-laden flows; or evidence of on-site erosion such as rivulets on
bare soil s/opes where the flow of water is not filtered or captured on site
using the fechniques of Chapter 5 of the Washingfon County Unified
Sewerage Agency Environmental Protection and Erosion Control rules.
2. Within stream or wetland corridors, as defined as 50 feet from the
boundary of the stream or wetland, tree removal must maintain no /ess
than a 75% canopy cover or no less than the existing canopy cover if the
existing canopy cover is /ess than 75%.
B. Effective date of permit. A tree removal permit shal!be effective for one and
one-half years from the date of approval.
C. Extension. Upon written request by the applicant prior to the expiration of
the existing permit, a tree removal permit shall be extended for a period of
up to one year if the Director finds that the applicant is in compliance with
all prior conditions of permit approval and that no materia!facts stated in
the original application have changed.
D. Removal permit not required. A tree remova!permit shall not be required
for the remova!of a tree which:
1. Obstrucfs visual c/earance as defined in Chapter 18.795 of the title;
2. Is a hazardous tree;
3. Is a nuisance affecting public safety as defined in Chapter 7.40 of the
Municipal Code;
4. Is used for Christmas tree production, or land registered with the
Washington County Assessor's office as tax-deferred tree farm or small
woodlands, but does not stand on sensitive lands.
E. Prohibition of commercial forestry. Commercial forestry as defined by
Section 18.790.020 A.2., excluding D.4, above, is not permitted.
This requirement does not appear to be applicable to this project.
CONDITIONS OF APPROVAL
Street Trees
The applicant is proposing to use two existing trees (#1 and #3) as street trees.
However, they appear to be set back far enough from both the existing and proposed
right of ways that they will not likely conflict with future street tree plantings. The
applicant may consider planting small statured street trees to avoid potential future
conflicts. Please consider denying this adjustment.
Also, please have the applicant indicate the spacing and species of street trees they are
proposing to plant. Small statured trees that they may consider planting include Comus
kousa, Syringa reticulafa, Magnolia stellata, Acer tataricum, and Cercis sp.
The accepted planting procedures are the guidelines described in the Tigard Tree
Manual. These guidelines follow those set forth by the International Society of
Arboriculture (ISA) tree planting guidelines as well as the standards set forth in the
American Institute of Architects' Architectural Graphic Standards, 10th edition. In the
Architectural Graphic Standards there are guidelines for selecting and planting trees
based on the soil volume and size at maturity. Additionally, there are directions for soil
amendments and modifications.
Street trees shall be chosen from the City of Tigard's Street Tree List unless otherwise
approved by the City Arborist.
Tree Mitigation
The applicant is proposing to retain 9 of 13 (69%) of the viable trees on site. Therefore,
they must mitigate for 50% of the 90.7 viable caliper inches they are proposing to
remove. The current in lieu of mitigation payment has been determined to be $125 per
caliper in removed. Therefore, the applicant must pay ($125/caliper inch x 90.7 viable
caliper inches removed x 50%) $5668.75 in mitigation. The applicant is not proposing
to plant any mitigation trees; therefore they must pay the full $5668.75 into our Tree
Mitigation Fund.
Tree Protection
The applicant did not indicate the type and location of tree protection fencing on their
plans. Please have the applicant position fencing per the project arborist's
recommendations. Also, please have them include a signature of approval from their
project arborist on the plans regarding the tree protection zone dimensions.
All trees to be preserved shall be protected with five or six (5' - 6') foot high chain link
fences. Fences are to be mounted on two inch diameter galvanized iron posts, driven
into the ground to a depth of at least 2-feet at no more than 10-foot spacing. The
applicant shall position fencing as directed by the project arborist to protect the trees to
be retained. The applicant shall allow access by the City Arborist 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.
Prior to any site work the applicant shall install all approved tree protection fencing. The
fencing shall be inspected and approved by the City Arborist prior to commencing any
site work. The tree protection fencing shall remain in place through the duration of all of
the building construction phases, until the Certificate of Occupancy has been approved.
If work is required within an established tree protection zone, the project arborist shall
prepare a proposal detailing the construction techniques to be employed and the likely
impacts to the trees. The proposal shall be reviewed and approved by the City Arborist
before proposed work can proceed within a tree protection zone. The City Arborist may
require changes prior to approval. The project arborist shall be on site while work is
occurring within the tree protection zone and submit a summary report certifying that the
work occurred per the proposal and will not significantly impact the health and/or
stability of the trees.
• If the Builder is difiFerent from the Developer or initial applicant:
Prior to issuance of building permits, the applicant shall submit site plan
drawings indicating the locations of trees that were preserved on the lot during
site development. In addition, the plans shall include accurate locations of tree
canopy driplines and protection fencing, and a signature of approval from the
project arborist regarding the placement and construction techniques to be
employed in building the structures. All proposed protection fencing shall be
installed and inspected prior to commencing construction. The fencing shall
remain in place through the duration of all of the building construction phases,
until the Certificate of Occupancy has been approved. After approval from the
City Arborist, the tree protection measures may be removed.
The applicant shall have an on-going responsibility to ensure that the Project Arborist
has submitted written reports to the City Arborist, at least once every two weeks, as the
Project Arborist monitors the construction activities from initial tree protection zone
(TPZ) fencing installation through the building construction phases. The reports shall
evaluate the condition and location of the tree protection fencing, determine if any
changes occurred to the TPZ, and if any part of the Tree Protection Plan has been
violated. 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 did not adversely
impact the overall, long-term health and stability of the tree(s). If the reports are not
submitted to the City Arborist at the scheduled intervals, and if it appears the TPZ's or
the Tree Protection Plan are not being followed by the contractor or a sub-contractor,
the City can stop work on the project until an inspection can be done by the City Arborist
and the Project Arborist. Prior to issuance of any Certificates of Occupancy, the Project
Arborist will submit a final certification indicating the elements of the Tree Protection
Plan were followed and that all remaining trees on the site are healthy, stable, and
viable in their modified growing environment.
Deed Restriction
Prior to issuance of any Ce�tificates of Occupancy, the applicant/owner shall record
deed restrictions to the effect that any existing tree greater than 6" diameter may be
removed only if the tree dies or is hazardous according to a certified arborist. The deed
restriction may be removed or will be considered invalid if a tree preserved in
accordance with this decision should either die or be removed as a hazardous tree.
Emily Eng
From: Todd Prager
Sent: Thursday, May 29, 2008 11:29 AM
To: Emily Eng
Subject: Anderson Partition Comments
Attachments: Anderson Partition.10-2-2007.DOC
Dear Emily,
Attached, please find my comments on the Anderson Partition Project. They are pretty much the same as before,
except that I would like to see the fencing dimensions and a signature of approval from the project arborist on the
revised tree protection plan.
Thanks,
Todd
�
MEMORANDUM
CITY OF TIGARD, OREGON
DATE: 6/16/08
TO: Emily Eng, Assistant Planner
FROM: Kim McMillan, Development Review Engineer ��
RE: MLP2007-00007 Anderson
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.
A preliminary sight distance certification was submitted by HBH Consulting
Engineers, dated December 21, 2006. The certification states that the posted
speed for 121St Avenue is 35 mph, requiring a minimum sight distance of 350
feet. The engineer states that available sight distance to the north is 750 feet
and is 350 feet to the south.
Prior to issuance of building permits, the applicant's engineer shall submit a final
sight distance certification.
Section 18.705.030.H.2 states that driveways shall not be permitted to be
placed in the influence area of collector or arterial street intersections.
Influence area of intersections is that area where queues of traffic
commonly form on approach to an intersection. The minimum driveway
setback from a collector or arterial street intersection shall be150 feet,
measured from the right-of-way line of the intersecting street to the throat
of the proposed driveway. The setback may be greater depending upon the
influence area, as determined from City Engineer review of a traffic impact
report submitted by the applicant's traffic engineer. In a case where a
project has less than 150 feet of street frontage, the applicant must explore
any option for shared access with the adjacent parcel. If shared access is
not possible or practical, the driveway shall be placed as far from the
intersection as possible.
The existin�q driveways are within the influence area of the Collector intersection
of SW 121 S Avenue and SW Ann Place. The applicant's plans show the removal
of both driveways and the construction of a private street at the south property
line. The private street will provide access for the three lots. This code section
ENGINEERING COMMENTS MLP2007-00007 Anderson PAGE 1
applies to driveways and as such does not apply to the proposed private street.
Therefore, with the removal of both driveways, this criterion is met.
Section 18.705.030.H.3 and 4 states that the minimum spacing of driveways
and streets along a collector shall be 200 feet. The minimum spacing of
driveways and streets along an arterial shall be 600 feet. The minimum
spacing of local streets along a local street shall be 125 feet.
The applicant proposes to construct a private street to serve three homes. This
private street will be within 200 feet of several driveways and one street, SW Ann
Place. There is no location along the site frontage where a private street can be
constructed that will meet the spacing standard. Therefore, the applicant has
applied for an adjustment to this spacing standard in accordance with 18.370.
The existing driveway at the north end of the site shall be removed and replaced
with curb and sidewalk. The applicant shall cause a statement to be placed on
the final plat that provides a non-access reservation along the subject site's SW
121 St Avenue frontage except at the approved private street location.
Street And Utility Improvements Standards (Section 18.8101:
Chapter 18.810 provides construction standards for the implementation of
public and private facilities and utilities such as streets, sewers, and
drainage. The applicable standards are addressed below:
Streets:
Improvements:
Section 18.810.030.A.1 states that streets within a development and streets
adjacent shall be improved in accordance with the TDC standards.
Section 18.810.030.A.2 states that any new street or additional street width
planned as a portion of an existing street shall be dedicated and improved
in accordance with the TDC.
Minimum Rights-of-Way and Street Widths: Section 18.810.030.E requires a
Collector street to have a 70 foot right-of-way width and 46-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 121St Avenue, which is classified as a Collector on
the City of Tigard Transportation Plan Map. At present, there is approximately 25
feet of ROW from centerline, according to the most recent tax assessor's map.
ENGINEERING COMMENTS MLP2007-00007 Anderson PAGE 2
The applicant should dedicate the additional ROW to provide 35 feet of ROW
from centerline.
SW 121St Avenue is currently partially improved. These improvements are close
to the required section, but do not exactly meet the standard. In order to mitigate
the impact from this development, the applicant should enter into a future street
improvement agreement.
Future Street Plan and Extension of Streets: Section 18.810.030.F states
that a future street plan shall be filed which shows the pattern of existing and
proposed future streets from the boundaries of the proposed land division.
This section also states that where it is necessary to give access or permit a
satisfactory future division of adjoining land, streets shall be extended to the
boundary lines of the tract to be developed and a barricade shall be
constructed at the end of the street. These street stubs to adjoining
properties are not considered to be cul-de-sacs since they are intended to
continue as through streets at such time as the adjoining property is
developed. A barricade shall be constructed at the end of the street by the
property owners which shall not be removed until authorized by the City
Engineer, the cost of which shall be included in the street construction cost.
Temporary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess of 150 feet in length.
Due to existing development there are no opportunities for future streets or
extensions of streets.
Street Alignment and Connections:
Section 18.810.030.H.1 states that full street connections with spacing of
no more than 530 feet between connections is required except where
prevented by barriers such as topography, railroads, freeways, pre-existing
developments, lease provisions, easements, covenants or other
restrictions existing prior to May 1, 1995 which preclude street
connections. A full street connection may also be exempted due to a
regulated water feature if regulations would not permit construction.
Section 18.810.030.H.2 states that all local, neighborhood routes and
collector streets which abut a development site shall be extended within
the site to provide through circulation when not precluded by
environmental or topographical constraints, existing development patterns
or strict adherence to other standards in this code. A street connection or
extension is precluded when it is not possible to redesign, or reconfigure
the street pattern to provide required extensions. Land is considered
topographically constrained if the slope is greater than 15% for a distance
of 250 feet or more. In the case of environmental or topographical
constraints, the mere presence of a constraint is not sufficient to show that
ENGINEERING COMMENTS MLP2007-00007 Anderson PAGE 3
a street connection is not possible. The applicant must show why the
constraint precludes some reasonable street connection.
There are no opportunities for new street connections due to existing
development.
Private Streets: Section 18.810.030.T states that design standards for
private streets shall be established by the City Engineer. The City shall
require legal assurances for the continued maintenance of private streets,
such as a recorded maintenance agreement. Private streets serving more
than six dwelling units are permitted only within planned developments,
mobile home parks, and multi-family residential developments.
The applicant's plans indicate the three lots will be served by a private street.
This private street will extend from 121 St Avenue the full length of Tract A.
Beyond this point, the access to Lots 2 and 3 will be via a driveway in Tract B.
The plat shall indicate Tract B shall be owned and maintained by lots 2 and 3 for
access and utilities.
The applicant shall place a statement on the face of the final plat indicating the
private street(s) will be owned and maintained by the properties that will be
served by it/them. In addition, the applicant shall record Conditions, Covenants
and Restrictions (CC&R's) along with the final plat that will clarify how the private
property owners are to maintain the private street(s). These CC&R's shall be
reviewed and approved by the Cit�r prior to approval of the fina� plat. The City's
public improvement design standards require private streets to have a pavement
section equal to a public local street. The applicant will need to provide this type
of pavement section.
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
ENGINEERING COMMENTS MLP2007-00007 Anderson PAGE 4
Section 18.810.040.6.2 also states that bicycle and pedestrian connections
on public easements or right-of-ways shall be provided when full street
connection is not possible. Spacing between connections shall be no
more than 330 feet, except where precluded by environmental or
topographical constraints, existing development patterns, or strict
adherence to other standards in the code.
PLANNING
Lots - Size and Shape: Section 18.810.060(A) prohibits lot depth from being
more than 2.5 times the average lot width, unless the parcel is less than 1.5
times the minimum lot size of the applicable zoning district.
PLANNING
Lot Frontage: Section 18.810.060(B) requires that lots have at least 25 feet of
frontage on public or private streets, other than an alley. In the case of a land
partition, 18.420.050.A.4.c applies, which requires a parcel to either have a
minimum 15-foot frontage or a minimum 15-foot wide recorded access
easement. In cases where the lot is for an attached single-family dwelling
unit, the frontage shall be at least 15 feet.
PLANNING
Sidewalks: Section 18.810.070.A requires that sidewalks b� constructed ta
meet City design standards anci be located on both sides of arterial,
collector and local residential streets. Private streets and industrial streets
shall have sidewalks on at least one side.
There is an existing sidewalk along the frontage of SW 1215t Avenue. The
existing driveway at the north end of the site will be removed and a new curb and
sidewalk must be constructed at that location.
A 5 foot wide sidewalk is required for the full length of the private street in Tract
A. The applicant's plans shall be revised to provide the full 5 foot width for the
full length of the private street.
Sanitary Sewers:
Sewers Required: Section 18.810.090.A requires that sanitary sewer be
installed to serve each new development and to connect developments to
existing mains in accordance with the provisions set forth in Design and
Construction Standards for Sanitary and Surface Water Management (as
adopted by Clean Water Services in 1996 and including any future
revisions or amendments) and the adopted policies of the comprehensive
plan.
ENGINEERING COMMENTS MLP2007-00007 Anderson PAGE 5
There is an existing 8 inch sanitary sewer line in SW 121St Avenue, west of
centerline. The applicant's plans show two new sewer laterals to be installed to
serve lots 2 and 3.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make
adequate provisions for storm water and flood water runoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a
culvert or other drainage facility shall be large enough to accommodate
potential runoff from its entire upstream drainage area, whether inside or
outside the development. The City Engineer shall approve the necessary
size of the facility, based on the provisions of Design and Construction
Standards for Sanitary and SurFace Water Management (as adopted by
Clean Water Services in 2000 and including any future revisions or
amendments).
There are no upstream drainage ways that impact this development.
Effect on Downstream Drainage: Section 18.810.100.D states that where it
is anticipated by the City Engineer that the additional runoff resulting from
the development will overload an existing drainage facility, the Director and
Engineer�hall withhold approval of the development until provis�ons 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.
It would be impractical to require an on-site water quantity facility to
accommodate detention of the storm water from Lots 2 and 3. Rather, the City
standards provide that applicants should pay a fee in-lieu of constructing a facility
if deemed appropriate. Staff recommends payment of the fee in-lieu on this
application.
ENGINEERING COMMENTS MLP2007-00007 Anderson PAGE 6
The applicanYs plans show the private storm lateral for Lot 2 connecting to the
existing catch basin in SW 121St Avenue and then running parallel to the street
within the public ROW, which is not allowed. The applicanYs plans shall be
revised to move the private lateral out of the new public ROW and onto private
property within an easement.
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 121St Avenue is a designated bicycle facility.
Cost of Construction: Section 18.810.110.B states that development
permits issued for planned unit developments, conditional use permits,
subdivisions, and other developments which will principally benefit from
such bikeways shall be conditioned to include the cost or construction of
bikeway improvements.
The applicant shall provide the bicycle striping and markings if there is striping in
front of the property adjacent to this one on either side. If there is no striping or� �
both sides then the applicant shall pay the fee-in-lieu of striping as determined
below.
The amount of the striping would be as follows:
• 120 feet of 8-inch white stripe, at $2.50/If $300.00
• 2 Mono-directional reflective markers @ $4.00/ea $12.00
• 1 Bike lane legends @ $175/ea $175.00
• 1 Directional mini-arrows @ $100/ea $100.00
$587.00
Minimum Width: Section 18.810.110.0 states that the minimum width for
bikeways within the roadway is five feet per bicycle travel lane. Minimum
width for two-way bikeways separated from the road is eight feet.
The minimum width for a bike lane along a Collector street is six feet.
ENGINEERING COMMENTS MLP2007-00007 Anderson PAGE 7
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those
required for electric, communication, lighting and cable television services
and related facilities shall be placed underground, except for surface
mounted transformers, surface mounted connection boxes and meter
cabinets which may be placed above ground, temporary utility service
facilities during construction, high capacity electric lines operating at
50,000 volts or above, and:
• The developer shall make all necessary arrangements with the serving
utility to provide the underground services;
• The City reserves the right to approve location of all surface mounted
facilities;
• All underground utilities, including sanitary sewers and storm drains
installed in streets by the developer, shall be constructed prior to the
surfacing of the streets; and
• Stubs for service connections shall be long enough to avoid disturbing
the street improvements when service connections are made.
Exception to Under-Grounding Requirement: Section 18.810.120.0 states
that a developer shall pay a fee in-lieu of under-grounding costs when the
development is proposed to take place on a street where existing utilities
which are not underground will serve the development and th� approval
authority determines that the cost and technical difficulty of under-
grounding the utilities outweighs the benefit of under-grounding in
conjunction with the development. The determination shall be on a case-
by-case basis. The most common, but not the only, such situation is a
short frontage development for which under-grounding would result in the
placement of additional poles, rather than the removal of above-ground
utilities facilities. An applicant for a development which is served by
utilities which are not underground and which are located across a public
right-of-way from the applicant's property shall pay a fee in-lieu of under-
grounding.
There are no overhead power lines in the public right-of-way. All services to the
three lots shall be placed underground.
Public Water Svstem:
The City of Tigard provides service in this area. There is an existing public water
line in SW 1215�Avenue. The applicant indicates two new 3/ inch meters will be
installed. The plans also show the water lines from the meters in the public
ROW, which is not allowed. The applicant's plans shall be revised to show the
meters located at the new ROW line and the private water lines shall be placed
on private property in an easement.
ENGINEERING COMMENTS MLP2007-00007 Anderson PAGE 8
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
Lots 2 and 3. 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 poll�utants reaching the public
storm and surface water system resulting from developrnent, 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 applicant shall submit an erosion control plan with the PFI Permit
application.
Address Assignments:
The City of Tigard is responsible for assigning addresses for parcels within the
City of Tigard and within the Urban Service Boundary (USB). An addressing fee
in the amount of$ 50.00 per address shall be assessed. This fee shall be paid to
the City prior to final plat approval.
The developer will also be required to provide signage at the entrance of each
shared flag lot driveway or private street that lists the addresses that are served
by the given driveway or street. This will assist emergency services personnel to
more easily find a particular home.
ENGINEERING COMMENTS MLP2007-00007 Anderson PAGE 9
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
to grid measurements and the angle from north to grid north. These coordinates
can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
In addition, the applicant's as-built drawings shall be tied to the GPS network.
The applicanYs engineer shall provide the City with an electronic file with points
for each structure (manholes, catch basins, water valves, hydrants and other
water system features) in the development, and their respective X and Y State
Plane Coordinates, referenced to NAD 83 (91).
Recommendations:
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
APPROVAL OF THE FINAL PLAT:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext, 2642)
for review and approval:
. A Public Facility Improvement (PFI) permit is required for this project to
cover utility connections 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.
ENGINEERING COMMENTS MLP2007-00007 Anderson PAGE 10
. The applicant shall provide a construction vehicle access and parking plan
for approval by the City Engineer. The purpose of this plan is for parking
and traffic control during the public improvement construction phase.
. The City Engineer may determine the necessity for, and require submittal
and approval of, a construction access and parking plan for the home
building phase. If the City Engineer deems such a plan necessary, the
applicant shall provide the plan prior to issuance of building permits.
. Prior to final plat approval, the applicant shall pay the addressing fee.
(STAFF CONTACT: Bethany Stewart, Engineering).
. The applicant shall submit construction plans to the Engineering Department
as a part of the Public Facility Improvement permit, indicating that they will
construct the following frontage improvements along SW 121St Avenue as a
part of this project:
A. 6-foot concrete sidewalk, curb and gutter where removing existing
d riveway;
B. street trees in the planter strip spaced per TDC requirements;
C. streetlight layout by applicanYs engineer, to be approved by City
Engineer; and
D. driveway apron (for private street).
. The applicant shall revise the utility plan to show water meters at the new
ROW and the private water lines on private property (not in the ROW).
. �The final plat shall include private water line easements over Lot 1 �nd
Tracts A and B.
. The applicant shall revise the utility plan to show the private storm lateral for
Lot 2 on private property, not in the public ROW.
. The final plat shall include a private storm sewer easement over Lot 1 and
Tracts A and B to serve Lot 2.
. The applicant's plans shall be revised to show bicycle striping along their
frontage.
. Lots 1 -3 shall not be permitted to access directly onto 121St Avenue, except
at the approved private street location. The existing driveway shall be
removed.
. The applicant shall cause a statement to be placed on the final plat that
provides a non-access reservation along the subject site's SW 121St
Avenue frontage except at the approved private street location.
ENGINEERING COMMENTS MLP2007-00007 Anderson PAGE 11
. The applicant shall execute a Restrictive Covenant whereby they agree to
complete or participate in the future improvements of SW 121St 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.
. The applicant shall cause a statement to be placed on the final plat to
indicate that the proposed private street, Tract A, will be jointly owned and
maintained by the private property owners who abut and take access from it.
. The applicant shall cause a statement to be placed on the final plat to
indicate that the proposed private driveway, Tract B, will be jointly owned
and maintained by the private property owners of Lots 2 and 3.
. The applicanYs construction drawings shall show that the pavement and
rock section for the proposed private street(s) shall meet the City's public
street standard for a local residential street.
. 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) as recorded in Washington County survey records.
These monuments shall be on the same line and shall be of the same
precision as required for the subdivision plat boundary. Along with the
coordinates, the plat shall contain the scale factor to convert ground
measurements to grid measurements and the angle from north to grid north.
These coordinates can be established by:
• GPS tie networked to the City's GPS survey.
• By random traverse using conventional surveying methods.
ENGINEERING COMMENTS MLP2007-00007 Anderson PAGE 12
. 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 SW 121St Avenue, providing 35 feet
from centerline, shall be made on the final plat.
E. NOTE: Washington County will not begin their review of the final plat
until they receive notice from the Engineering Department indicating that the
City has reviewed the final plat and submitted comments to the applicant's
surveyor.
F. After the City and County have reviewed the final plat, submit two
mylar copies of the final plat for City Engineer signature (for partitions), or
City Engineer and Community Development Director signatures (for
subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO
ISSUANCE OF BUILDING PERMITS:
Submit to the Engineering Department (Kim McMillan, 639-4171, ext. 2642)
for review and approval:
. Prior to issuance of building permits, the applicant shall provide the
Engineering Department with a "photomylar" copy of the recorded final plat.
. Prior to issuance of building permits, the applicant shall provide the City with
as-built drawings of the public improvements as follows: 1) 3 mil mylar, 2) a
diskette of the as-builts in "DWG" format, if available; otherwise "DXF"will be
acceptable, and 3) the as-built drawings shall be tied to the City's GPS
network. The applicanYs engineer shall provide the City with an electronic
file with points for each structure (manholes, catch basins, water valves,
hydrants and other water system features) in the development, and their
respective X and Y State Plane Coordinates, referenced to NAD 83 (91).
ENGINEERING COMMENTS MLP2007-00007 Anderson PAGE 13
_ ' �
. Prior to issuance of building permits, the applicant's engineer shall provide
final sight distance certification for the private street intersection with SW
1215�Avenue.
. The applicant shall provide signage at the entrance of each shared flag lot
driveway or private street that lists the addresses that are served by the
given driveway or street.
. Prior to issuance of building permits, the applicant shall provide bicycle
striping along their frontage if there is existing bicycle lane striping on either
side of their development. If there is no existing striping on either side then
the applicant shall pay the fee-in-lieu of striping.
. During issuance of the building permit for Lots 2 and 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 MLP2007-00007 Anderson PAGE 14
� � -
., AFFIDAVIT OF POSTING NOTICE
° OF A LAND USE PROPOSAL
� .
IMPORTANT NOTICE: THIS AFFIDAVIT MUST BE ACCOMPANIED BY
A COPY OF THE NOTICE THAT WAS POSTED ON THE SITE.
In the �fatter of the Proposed Land L se Applicarions for:
Land Use File Nos.: MLP2007-00007/VAR2007-00009/VAR2007-00010
Land Use File Name: ANDERSON PARTITION
I, Fmil� F_.ng, Assistant Planner for the Cit�• of Tigard, do affirm that I posted norice 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)
� a 3 3 o s �, ��ls� A,�
and did personally post norice of the proposed land use applicarion(s) by means of weatherproof posting in the general
vicinity of the affected territory, a copy of said notice being hereto attached and b}� reference made a part hereof,
on the (Url"—day of �� f - ,2007.
�
' atur -e��fPe on o rformed Posting
h:\lu}nn\��attc\ma.tcr>\aftidao���rf pnrnu}!tiic a�>��hcant in pu.�pubG�h�annp,.doc
ANDERSON PARTITI4N �
MINOR LAND PARTITON (MLP) 2007-00007/ �
ADJUSTMENTS (VAR) 2007-00009 & 2007-00010
REQUEST: The applicant is requesting approval tc� partition c>nc 42,167 square foot lot
into three lots of 10,523 square feet, 7,557 square feet and 21,047 square feet for single-
family homes. The existing single-family home will remain on Lot One. The applicant
requests approval of an adjustment to the access-spacing standard (VAR2007-OOC ))
because the proposed private street does not meet the 200 foot spacing standard for
driveways and streets on a collector. The applicant also requests approval of a landscaping
adjustment (VAR2007-00010) to use existing trees as street trees. LOCATION: 12330
SW 121�t Avenue; Washington County Tax Map 2S103BA, Tax Lot 900. ZONE: R-4.5:
Low Densitv Residenrial. 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 institurional uses are also permitted conditionally. APPLICABT �
REVIEW CRITERIA: Community Development Code Chapters: 18.370, 18.390, 18.420,
18.510, 18.705, 18.715, 18.725, 18.745, 18.765, 18.790, 18.795 and 18.810.
Further information may be obtained from the Planning Division (staff contact: Emily En�,
Assistant Planner 503-718-2712) at 13125 SW Hall Blvd., Tigard, Oregon 97223, or by calling
503-639-4171 or by email to emilv o,ti ard-or.gov. 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.
. _ � \\\ / . . � � -—:—__..._ . .. .�. F� • � 1
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I \� 13125 SW Hall Blvd
\ � � 1 T(503)639-4171 3
, TIPPITT PL�—_ I I � h,�,,,�������do,�g
Community Development Plot date:Oct 12,2007;C:lmagic\MAGIC03.APR
• I • ,
2S1036D-00700 2S103BB-11600
ABINANTE MATTHEW C BOEKELHEIDE LEE AND
12020 SW WALNUT AVE BECHARD MARGARET E
PORTLAND, OR 97223 12180 SW ANN PLACE
TIGARD,OR 97223
251036D-00901 2S1038B-07000
ALLEN STEVEN P&ELIZABETH A BOLEN RICHARD L&GERALDINE L
12540 5W 121 ST AVE 12185 SW WALNUT ST
TIGARD,OR 97223 TIGARD,OR 97223
2S103BC-00100 251036B-11800
ALLES BRIAN J&KAREN P BORMAN NANCY F
12525 SW 1215T AVE 12140 SW ANN PL
TIGARD, OR 97223 TIGARD,OR 97223
2S103BA-01001 2S1036D-00600
ANDERSON EDWARD L 8� BOYCE RONALD J/ANA L
ANDERSON MARY ANNE 11970 SW WALNUT ST
PO BOX 23593 TIGARD,OR 97223
TIGARD, OR 97281
2 103BA-01002 2S1036B-12300
AN R50N ARD L& BROWN HARRY E&SALLY M
MAR PO BOX 230906
PO 593 TIGARD,OR 97281
ARD, OR 97281
2 1036A-D1003 2S 03BB-13300
AN RSON WARD L& BR RY E&SALLY M
MAR PO 0906
PO 3593 T ARD,OR 7281
GARD,O 97281
2 036A-00103 2S103BB-12500
AND S DWARD L&MARY ANNE CALEN KRIS D&DEBORAH
PO 93 12150 5W 123RD CT
ARD, OR 81 PORTLAND,OR 97223
2S103BA-00900 2S103BD-10800
ANDERSON EDWARD L&MARY ANNE CAPPOEN RAYMOND J
12330 SW 121 ST AVE SUZANNE
TIGARD, OR 97223 11710 SW WALNUT ST
TIGARD,OR 97223
2S103BA-01000 25103BA-00600
AUSBIE DONNA D DRAKE GEORGE L 8 LINDA K
12400 SW 121 ST AVE 11765 SW WALNUT 5T
TIGARD,OR 97223 TIGARD,OR 97223
2S10366-11500 2S1036A-00114
BAXTER PETER N/SUSAN E EEFSEN MARIE
12165 SW 123RD CT 11825 SW ANN ST
TIGARD, OR 97223 TIGARD,OR 97223
2S103B6-06900 2S10366-06500
ELDERLY CARE HOLDING LLC KEERINS HERMAN O&PATRICIA E
4612 NE 95TH WAY 12195 SW 121 ST AVE
VANCOUVER,WA 98665 TIGARD,OR 97223
2S1036A-00139 10366-08300
FIRELIGHT LLC LA TER CE
PO BOX 1258 OW OF ALL LOTS
NEWBERG,OR 97132
2S10366-12400 2S1036B-08400
FORD REGINA LEWIS LIVING TRUST
12160 SW 123RD CT BY LINDA A LEWIS TR
TIGARD, OR 97223 12415 SW 122ND AVE
TIGARD,OR 97223
2S103BA-00700 2S103BA-00113
GAARDE RICHARD J II&JUDITH A LUCKEROTH CAROL
11825 SW WALNUT 11885 SW ANN ST
TIGARD, OR 97223 TIGARD,OR 97223
251036D-00400 2S103BB-13400
HANSEN EDITH A LUTHER LAYLA M&CHAD M
9894 RD 1 H NE 12365 SW 121 ST AVE
MOSES LAKE,WA 98837 TIGARD,OR 97223
251036A-D0134 2S1036D-1110D
HOFFMAN WALTER L&RANAYE M MAY 1989 FAMILY TRUST
12300 SW DUCHILLY CT 11737 SW ERROL ST
TIGARD, OR 97224 TIGARD,OR 97223
2S10368-06700 2S1038A-00112
HUMPHREY GRETCHEN G MAYLENDER CAROLE J
12385 SW 121 ST AVE 11945 SW ANN ST
PORTLAND, OR 97223 TIGARD,OR 97223
2S103BA-00104 25103BA-00800
HUTCHISON PERRY C MCCOY MARY P
11890 SW ANN ST 11865 5W WALNUT ST
TIGARD, OR 97223 TIGARD,OR 97223
2S1038B-13000 251036A-00500
JACKSON DAVID W&JEAN P MCINTYRE SARAH E
12210 SW ANN CT 11695 SW WALNUT ST
PORTLAND, OR 97223 TIGARD,OR 97223
2S10388-12200 2S103BA-00115
JEWELL GRANT E&MARJORIE A METZLER RICHARD C JR AND
12125 SW ANN PL DEBORAH J
TIGARD, OR 97223 11765 SW ANN ST
TIGARD,OR 97223
2S1038A-00110 2S103B8-087D0
NOEL JOHN B AND MARALYN A SCHROEDER TIM R&VANESSA R
12055 SW ANN ST 12445 SW 122ND AVE
TIGARD,OR 97223 TIGARD,OR 97223
2S1038D-00602 2S10368-12000
NORMAN JACK J JR AND SCHULTZ KINDES A
MARY J 12100 SW ANN PL
11930 SW WALNUT TIGARD,OR 97223
TIGARD,OR 97223
251036B-11700 2S103BB-10500
OTT ANITA B SINHA RAVI&SARI S
6256 SW BURLINGAME AVE 12240 SW KATHERINE ST
PORTLAND, OR 97201 TIGARD,OR 97223
2S103BA-00106 2S1036B-10400
PARSONS JOE P MARLYNN SIU WING K
11770 SW ANN ST 12180 SW KATHERINE ST
TIGARD,OR 97223 TIGARD,OR 97223
2S10368-08600 2S103B6-13100
PAULSON ANGELA RENE REVOCABLE L SIXEL KURTIS M&KRISTINE R
PAULSON JACK GUSTAV REVOCABLE LIVI 12240 SW ANN CT
BY ANGELA RENE/JACK G PAULSON TR TIGARD,OR 97223
PO BOX 11585
PORTLAND, OR 97211
2S103BA-00137 2S1038B-11900
PERCY JACK R&KATHERINE L SMITH JEFFREY G&RACHEL R
11920 SW LYNN 12120 SW ANN PL
TIGARD,OR 97223 TIGARD,OR 97223
2S1036A-00107 2S103BA-00136
POTTHOFF ROGER&MARY SNOW PAUL M&BONNIE F
PO BOX 23968 11870 SW LYNN ST
PORTLAND,OR 97281 TIGARD,OR 97223
2S1036A-00105 2S1036A-00135
PROCTOR TIFFANY A&PATRICK E SPENCER MELVIN D
11830 SW ANN ST 11810 SW LINN
TIGARD,OR 97223 TIGARD,OR 97223
2S103BA-00111 2S103BA-00108
PUGH THOMAS R AND BARBARA J SPRAGUE MICHAEL M
12005 SW ANN ST DOLLIE P
TIGARD, OR 97223 11650 SW ANN ST
TIGARD,OR 97223
2S103BB-10300 251036A-00144
RABAU MARLA S& STEVENSON MERLIN P AND
WOLF KEITH S THERESA
12140 SW KATHERINE ST PO BOX 230295
TIGARD,OR 97223 TIGARD,OR 97281
zs�osse-osaoo zsiasBa-oasoo
TAPIA SERGIO YOUNG JOHN G VIRGINIA F
12442 SW 122ND AVE 12425 5W 122ND AV
TIGARD, OR 97223 TIGARD,OR 97223
103BB-10200 2S1036A-00102
TI D Y OF ZARR JAMES A AND DONA J
131 S HALL BLVD 12010 SW ANN ST
ARD,O 97223 TIGARD,OR 97223
25103BA-00401
URLING HARRY F&NELL P
RESTATED TRUST THE
11625 SW WALNUT ST
TIGARD, OR 97223
2S1036A-00116
VANOURNEY STEVEN WILLIAM
11705 SW ANN ST
TIGARD,OR 97223
251038A-00101
VANSANTJEFFREY
12070 SW ANN ST
TIGARD,OR 97223
2S103BB-07100
WASHINGTON COUNTY
LUT CPM DIV RNV SECTION
1400 SW WALNUT ST MS18
HILL5BOR0,OR 97123
2S103BD-OD301
WILLIAMS LENA MARIE
11770 SW WALNUT ST
TIGARD, OR 97223
2S70366-12100
WILLIAMSON ALONZO C AND
CHRISTINE S
12105 SW ANN PLACE
TIGARD, OR 97223
2S1036D-00800
WOOD ROLAND R
12070 SW WALNUT
TIGARD, OR 97223
2S1036D-00300
WRIGHT LARRY A 8 MAUREEN L
11800 SW WALNUT ST
TIGARD,OR 97223
Brooks Gaston
3206 Princess
Edinburg, TX 78539
Don & Dorothy Erdt
13760 SW 121stAvenue
Tigard, OR 97223
Ellen Beilstein
14630 SW 139�h Avenue
Tigard, OR 97224
Martha Bishop
10590 SW Cook Lane
Tigard, OR 97223
Vanessa Foster
13085 SW Howard Drive
Tigard, OR 97223
Susan Beilke
11755 SW 114th Place
Tigard, OR 97223
CPO 46
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Patricia Keerins
12195 SW 121 st Avenue
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
Gretchen Buehner
13249 SW 136�h Place
Tigard, OR 97224
�ITV AG TIrARII _ f[uTRAI IuTLR[CTGII DARTIC( /;•�,.,,r.,i„���+��nllnhelcl(`IT(`on4rnl rinnl I IDI'IATCII• �7 nn.,,, nG
CITY �F TIGARD
COI�'IlVIUNITY DEVELOPMENT DEPARTMENT ,�
PLANI�TING DIVISION .
13125 SW HALL BOULEVARD -
TIGARD, OREGON 97223
PHONE: 503-639-4171 FAX: 503-624-3681 (Attn: Patty/Planning) EMAIL: ���tt�C�ti�;ard-or.�,o��
REQLIEST FOR 5OO-FOOT PROPERTY OWNER MAILING LIST
Property owner inforn�ation is valid for 3 months from the date of your request
INDICATE ALL PROJECT MAP &TAX LOT NUMBERS (i.e. 1S 134AB,Tax Lot 00100) OR THE
ADDRESSES FOR ALL PROJECT PARC�LS BELOW:
MLP 2007-00007-- address: 12330 SW 1215` Avenue, Tigard, OR 97223 L.�.51 G���� (�����'C�'J
PLEASE BE AWARE THAT ONLY 1 SET OF LABELS WILL BE PROVIDED AT THIS TIME FOR
HOLDING YOUR NEIGHBORHOOD MEETING. After submitting your land use application to the Ciry,
and the project 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. IF YOU HAVE BEEN NOTIFIED BY PLANNING
TO OBTAIN YOUR LABELS, PLEASE INDICATE BELOW THAT YOU NEED 2 SETS OF LABELS.
� Completeness Letter Received Indicating 2 Sets of Envelopes w/Address Labels Required
The 2 final sets of labels need to be placed on envelopes (no self-adhesive envelopes please) 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 Ciry for the purpose of providing notice to property owners of the proposed land use application
and the decision. The 2 sets of envelopes must be kept separate. The person listed below will be called to pick up
and pay f or the labels when they are ready.
NAME OF CONTACT PERSON:Mary Anne Anderson PHONE: (503�-984-4880
N�1ME OF COMI'ANY:N/A FAX: ( )- -
EMAIL: thinkandersonCa�yahoo.com
This request may be emailed, mailed, faxed, or hand delivered to the City of Tigard. Please allow a 2-day m;r,;mum
for processing requests. Upon completion of your request, the contact person l�sted will be called to pick up their
request that will be placed in "Will Call" by the comp any name (or by the contact person's last name if no compan�
at the Planning/Engineering Counter at the Pernzit Center.
The cost of processing your request must be paid at the time of pick up,as exact cost can not be pre-deternuned.
PLEASE NOTE: FOR REASONS OF ACCURACY, ONLY ORIGINAL MAILING LABELS
PROVIDED BY THE CITY US. RE-TYPED MAILING LABELS WILL BE ACCEPTED.
Cost Descnption:
$11 to generate the mailing list,plus $2 per sheet for printing the list onto labels (20 addresses per sheet). Then,multiplythe cost u
print one set of labels by the number of sets requested.
- EXAMPLE - - COST FOR THIS REQLTEST -
4 sheets of labels x$2/sheet = 8.00 x 2 sets = $16.00 sheet(s)of labels x$2/sheet = x sets = ��'����
1 sheeu of labels x$2/sheet for interested parties x 2 sets= $ 4.00 �sheet(s)of labels x$2/sheet for interested parties =�x��� �0 )
GENERAT'E LIST = 511.00 GENERATE LIST = .
TOTAL = $31.00 TOTAL —$ , '
�y�
2S103BA-00900
ANDERSON EDWARD L&MARY ANNE
12330 SW 121 ST AVE
TIGARD, OR 97223
/a a��d� �S�s�or'S
�
, � o r�c.cr�
�`�� s
q
AFFIDAVIT OF MAILING -
��:. ,
I, Patricia L. Lunsford bein� first duly sworn/affirm, on oath depose and say that I am a Planning Administrative
Assistant for the City of�I'iga , Washington County,Oregon and that I served the following:
i�}x<k.yry,n,�..uie&,.(,)&b..�l
❑X NOTTC� OF PENDING LAND USE DEQSION FOR
MLI'2007-00007/VAR2007-00009/VAR2007-00010 - ANDERSON PARTITTON
� AMENDED NOTICE
(File Na/Nanr Refece�ce)
� Ciry of Tigard Plaiuung Director
A copy of the said notice being hereto attached,marked E xhibit"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),rnarked Exhibit"B",and byreference made a part hereof,on
October 26,2007, and deposited in the United States Mail on October 26,2007,postage prepaid.
i
�� ` ��
(Peison that pared Notice)
STATE OF OREGON
County of Washington ss.
City of Tigard
�
Subscribed and sworn/affirmed before me on the �� day of /�D U E� f��-- ,2007.
s��
OFFICIAL SEAL
SHIRLEY L TREAT
NOTARY PUBLIC•OREDON
r COMMISSION NO.418777
MY COMMISSIQIV EXPIRES APRIL 25,2011 �
N' ARY P I.IC OF OREGON
My Corrunission Expires: ������
� � EXHIBIT.�..
NO�TIC�TOMORTGAGEE,LIENHOLDER,VENDOROASELLER
'IT�E TTGARD DEVELOPMENT QODE REQLIIRES THAT IF YOU RECEIVE Tf-IIS NOTTC�, IT SHAI.I_ BE PROMI'1ZY
FORWARDED TO THE PURCT-IASER
NOTICE OF PENDING „
LAND USE APPLICATION :
MINOR LAND PARTITIDN . , ,
DATE OF NOTICE: October 26,2007
FILE NUMBERS: MINOR LAND PARTITION (MLP) 2007-00007
ADLUS'ITVIENT (V� 2007-00009
�]lJ5'I�NT �v� zoo�-000io
FILE NAME: ANDERSON PARTITION
REQLJEST: The applicant is requesting approval to partition one 42,167 square foot lot into three lots of 10,523 square
feet, 7,557 square feet and 21,047 square feet for single-family homes. The e�usting single-family home will
remain on Lot 1. The applicant requesu approval of an adjustment to the access-spacing standard
(VAR2007-00009) because the proposed private street does not meet the 200 foot spacing standard for
driveways and streets on a collector. The applicant also requests approval of a landscaping adjustment
(VAR2007-00010) to use existing trees as street trees.
LOCATION: 12330 S�X/1215�Avenue;Washington CountyT�Map 2S103BA,Tax Lot 900.
ZONE: R 4.5: Low Densitv Residential. The R 4.5 zonin district is designed to accommodate detached single-famil
homes with or wichout accessory residential unitsa t a m�nimluTl lot size of 7,500 square feet. Duplexes and
attached single-family units are per�nitted conditionally. Some civic and institutional uses are also pernlitted
conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters: 18.370, 18390, 18.420, 18.510, 18.705, 18.715, 18.725, 18.745,
18.765, 18.790, 18.795 and 18.810.
YOUR RIGHT TO PROVIDE WRITTEN COMMENTS:
Prior to the Ciry 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
NOVEMBER 9, 2007. All comments should be directed to Emilv Eng,Assistant Planner �503) 718-2712 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-
4ll1 or by�e-rnail to emily�Ca?ti�ard-or.gov.
ALL COMMENTS MUST BE RECEIVED BY THE CITY OF TIGARD IN WKITING PRIOR TO 5:00 PM ON THE
DATE SPECIFIED ABOVE IN ORDER FOR YOUR COMMENTS TO BE CONSIDERED IN THE DECISION-
MAKING PROCESS
T�-�E QTY OF TIGARD APPREQATES RECEIVING COMNIENTS f1ND VALLJES YOUR INPUT. CONIIvIENTS WILL
BE CONSIDERED AND ADDRESSED WIT�IIN 'I� NOTTCE OF DEQSION. A DEQSION ON Tf-IIS ISSLJE IS
TENTATTVELY SCHEDULED FOR NOVEMBER 27, 2007. IF YOU PROVIDE COM1vIENTS, YOU WILL BE SENT A
COPY OF THE FULL DEQSION ONCE IT HAS BEEN RENDERED. WRITTEN COMI��NTS WILL BECOME A
PART OF THE PERMANENT PUBLIC RECORD AND SHALL GONTAIN THE FOLLOWING INFORMATTON:
• 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 RELEVAN'I"APPROVAL CRITERIA WITH SLIFFIQENT SPEQFIQTY
MAY PREQ.UDE SUBSEQUENT APPEALS TO T�-IE LAND USE BOARD OF APPEALS OR QRCLJIT COURT ON
THAT ISSLIE. SPEQFIC FINDINGS DIRECTED AT T'HE RELEVANI' APPROVAL C�tIT'ERIA ARE WHAT
CONSTTTUTE RELEVANT EVIDENCE.
AFTER 'TE-IE 14-DAY CONIIvIENT PERIOD QOSES, Tf-� DIREGTOR SHALL ISSLTE A TrPE II ADMIIVISTRATTVE DEQSION. �I7-IE
DIREGTOR'S DEQSION SHAI_L BE MAILED TO TI-IE APPLICAN'I'AND TO OWNERS OF RECORD OF PROPERTY LOCATED WITF-IIN 500
FEET OF'I'F-IE SLIf3JFC:T SiTE,ANI�TO ANYONE EISE WHO SUBMITTED WRITTEN CO1vIlVIENPS OR WHO IS C�7HERWISE ENTITL.ED T(�
NOTTCE. Tf� DIRECI'OR'S DEQSION SHALL ADDRESS ALL OF'1�-IE RELEVANT APPROVAL QZiTERIA. BASED UPON Tf-IE CRITERIA
AND TI-IE FACTS CONTAINED WITHIN THE RECORD,T'HE DIRECTOR SHALL APPROVE,APPROVE WITH CONDITTONS OR DENY THE
REQUESTED PERMIT OR ACI'ION.
SLJMMARY OF THE DECISION-MAKING PROCESS:
• The application is accepted by the Ciry
• 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 sitc, as shown on the most recent propeny 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 FORREVIEW:
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 Communiry Development Department. If you want to
inspect the file,please call and inake an appointment with either the project planner or the plaiuzuig technicians. Copies of these items may
be obtained at a cost of $.25 per page or the current rate charged for this service. Questions regarding this application should be
directed to the Plaruiing Staff indicated on the first page of this Notice under the section titled "Your Right to Provide Written
Comments."
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Edward L. &MaryAnne Anderson MLP2007-00007/VAR2007-00009/VAR2007-00010
12330 SW 121s` Avenue A1�iDERSON PARTITION
Tigard,OR 97223
Edward L. &Mary Anne Anderson
PO Box 23593
Tigard, OR 97281
2S103B D-00700 2S1036B-11600
ABINANTE MATTHEW C BOEKELHEIDE LEE AND
12020 SW WALNUT AVE BECHARD MARGARET E
PORTLAND,OR 97223 12180 SW ANN PLACE
TIGARD,OR 97223
2S103BD-00901 2S10366-07000
ALLEN STEVEN P 8 ELIZABETH A BOLEN RICHARD L&GERALDINE L
12540 SW 121 ST AVE 12185 SW WALNUT ST
TIGARD, OR 97223 TIGARD,OR 97223
2S103BC-00100 2S103B8-11800
ALLES BRIAN J& KAREN P BORMAN NANCY F
12525 SW 121 ST AVE 12140 SW ANN PL
TIGARD, OR 97223 TIGARD,OR 97223
2S1036A-01001 2S103BD-00600
ANDER50N EDWARD L 8 BOYCE RONALD J/ANA L
ANDERSON MARY ANNE 11970 SW WALNUT ST
PO BOX 23593 TIGARD,OR 97223
TIGARD,OR 97281
2 1038A-01002 2S1036B-12300
AN RSON ARD L& BROWN HARRY E&SALLY M
MAR PO BOX 230906
PO 593 TIGARD,OR 97281
ARD, OR 97281
2 1038A-01003 2S 03BB-13300
AN RSON WARD L& BR RY E 8 SALLY M
MAR PO 0906
PO 3593 T ARD,OR 7281
GARD,O 97281
2 03BA-001D3 2S10366-12500
AND S DWARD L 8 MARY ANNE CALEN KRIS D&DEBORAH
PO 93 12150 SW 123RD CT
ARD,OR 81 PORTLAND,OR 97223
2S1036A-00900 2S1038D-1080D
ANDERSON EDWARD L&MARY ANNE CAPPOEN RAYMOND J
12330 SW 121 ST AVE SUZANNE
TIGARD,OR 97223 11710 SW WALNUT ST
TIGARD,OR 97223
2S703BA-01000 251038A•00600
AUSBIE DONNA D DRAKE GEORGE L&LINDA K
12400 SW 121 ST AVE 11765 SW WALNUT ST
TIGARD, OR 97223 TIGARD,OR 97223
2510366-11500 2S103BA-00114
BAXTER PETER N/SUSAN E EEFSEN MARIE
12165 SW 123RD CT 11825 5W ANN ST
TIGARD, OR 97223 TIGARD,OR 97223
2S70368-06900 2S103BB-O6500
ELDERLY CARE HOLDING LLC KEERINS HERMAN 0&PATRICIA E
4612 NE 95TH WAY 12195 SW 121ST AVE
VANCOUVER,WA 98665 TIGARD,OR 97223
2S103BA-00139 1036B-08300
FIRELIGHT LLC LA TER CE
PO BOX 1258 OW OF ALL LOTS
NEWBERG,OR 97132
2S1038B-12400 251036B-08400
FORD REGINA LEWIS LIVING TRUST
12160 SW 123RD CT BY LINDA A LEWIS TR
TIGARD,OR 97223 12415 SW 122ND AVE
TIGARD,OR 97223
2S1036A-007D0 2S103BA-00113
GAARDE RICHARD J II&JUDITH A LUCKEROTH CAROL
11825 SW WALNUT 11885 SW ANN ST
TiGARD,OR 97223 TIGARD,OR 97223
2S1038D-00400 2S10386-13400
HANSEN EDITH A LUTHER LAYLA M&CHAD M
9894 RD 18 NE 12365 SW 121 ST AVE
MOSES LAKE,WA 98837 TIGARD,OR 97223
2S1038A-00134 2S1036D-11100
HOFFMAN WALTER L&RANAYE M MAY 1989 FAMILY TRUST
12300 SW DUCHILLY CT 11737 SW ERROL ST
TIGARD, OR 97224 TIGARD,OR 97223
2S10366•06700 2S103BA-00112
HUMPHREY GRETCHEN G MAYLENDER CAROLE J
12385 SW 121 ST AVE 11945 SW ANN ST
PORTLAND, OR 97223 TIGARD,OR 97223
2S103BA-00104 2S103BA•00800
HUTCHISON PERRY C MCCOY MARY P
11890 SW ANN ST 11865 SW WALNUT ST
TIGARD, OR 97223 TIGARD,OR 97223
2S10386-13000 25103BA-00500
JACKSON DAVID W 8 JEAN P MCINTYRE SARAH E
12210 SW ANN CT 11695 SW WALNUT ST
PORTLAND, OR 97223 TIGARD,OR 97223
2S103BB-12200 2S103BA-00115
JEWELL GRANT E&MARJORIE A METZLER RICHARD C JR AND
12125 SW ANN PL DEBORAH J
TIGARD, OR 97223 11765 SW ANN ST
TIGARD,OR 97223
2S103BA-00110 2S10388-08700
NOEL JOHN B AND MARALYN A SCHROEDER TIM R&VANESSA R
12055 SW ANN ST 12445 SW 122ND AVE
TIGARD, OR 97223 TIGARD,OR 97223
2S10380-00602 2S103B6-12000
NORMAN JACK J JR AND SCHULTZ KINDES A
MARY J 12100 SW ANN PL
11930 SW WALNUT TIGARD,OR 97223
TIGARD,OR 97223
2S10386-11700 2S1D38B-10500
OTT ANITA B SINHA RAVI 8 SARI S
6256 SW BURLINGAME AVE 12240 SW KATHERINE ST
PORTLAND,OR 97201 TIGARD,OR 97223
2S1036A-00106 2S1038B-10400
PARSONS JOE P MARLYNN SIU WING K
11770 SW ANN ST 12180 SW KATHERINE ST
TIGARD, OR 97223 TIGARD,OR 97223
2S10388-08600 2S103B8-13100
PAULSON ANGELA RENE REVOCABLE L SIXEL KURTIS M 8�KRISTINE R
PAULSON JACK GUSTAV REVOCABLE LIVI 12240 SW ANN CT
BY ANGELA RENE/JACK G PAULSON TR TIGARD,OR 97223
PO BOX 11585
PORTLAND,OR 97211
2S1036A-00137 2S10386-11900
PERCY JACK R 8 KATHERINE L SMITH JEFFREY G 8�RACHEL R
11920 SW LYNN 12120 SW ANN PL
TIGARD, OR 97223 TIGARD,OR 97223
2S103BA-00107 2S1038A-00136
POTTHOFF ROGER&MARY SNOW PAUL M&BONNIE F
PO BOX 23968 11870 SW LYNN ST
PORTLAND, OR 97281 TIGARD,OR 97223
2S1D36A-00105 2S1036A-OD135
PROCTOR TIFFANY A&PATRICK E SPENCER MELVIN D
11830 SW ANN ST 11810 SW LINN
TIGARD, OR 97223 TIGARD,OR 97223
2S1036A-00111 2S1036A-00108
PUGH THOMAS R AND BARBARA J SPRAGUE MICHAEL M
12005 SW ANN ST DOLUE P
TIGARD, OR 97223 11650 SW ANN ST
TIGARD,OR 97223
2S103B8-10300 2S1038A-00144
RABAU MARLA S& STEVENSON MERLIN P AND
WOLF KEITH S THERESA
12140 SW KATHERINE 5T PO BOX 230295
TIGARD, OR 97223 TIGARD,OR 97281
2S103B8-06800 2S103BB-D8500
TAPIA SERGIO YOUNG JOHN G VIRGINIA F
12442 SW 122ND AVE 12425 SW 122ND AV
TIGARD, OR 97223 TIGARD,OR 97223
1036B-10200 2S1038A-00102
TI D Y OF ZARR JAMES A AND DONA J
131 S HALL BLVD 12010 SW ANN ST
ARD,O 97223 TIGARD,OR 97223
251036A-0040t
URLING HARRY F&NELL P
RESTATED TRUST THE
11625 SW WALNUT ST
TIGARD, OR 97223
251038A-00116
VANOURNEY STEVEN WILLIAM
11705 SW ANN ST
TIGARD, OR 97223
2S103BA-00101
VANSANTJEFFREY
12070 SW ANN ST
TIGARD, OR 97223
2S10368-07100
WASHINGTON COUNTY
LUT CPM DIV RNV SECTION
1400 SW WALNUT ST MS18
HILLSBORO,OR 97123
2S1038D-00301
WILLIAMS LENA MARIE
11770 SW WALNUT ST
TIGARD, OR 97223
2siosea-iziao
WILLIAMSON ALONZO C AND
CHRISTINE S
12105 SW ANN PLACE
TIGARD,OR 97223
2S1036D-00800
WOOD ROLAND R
12070 SW WALNUT
TIGARD, OR 97223
2S103BD-00300
WRIGHT LARRY A 8 MAUREEN L
11800 SW WALNUT ST
TIGARD, OR 97223
Brooks Gaston
3206 Princess
Edinburg, TX 78539
Don & Dorothy Erdt
13760 SW 121 st Avenue
Tigard, OR 97223
Ellen Beilstein
14630 SW 139�h Avenue
Tigard, OR 97224
Martha Bishop
10590 SW Cook Lane
Tigard, OR 91223
Vanessa Foster
13085 SW Howard Drive
Tigard, OR 97223
Susan Beilke
11755 SW 114�h Place
Tigard, OR 97223
CPO 4B
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Patricia Keerins
12195 SW 121st Avenue
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
Gretchen Buehner
13249 SW 136'h Place
Tigard, OR 97224
fITV AG TIGAR�I _ fCAlTp�l IAITGRLfT[fl DIIRTICC /f•�..��..,i„�oa+��.,�l�tiol��r`IT r`�nt�-,i �I.,..� I IDnnTCn• 17_nA�"_n�
��
AFFIDAVIT OF MAILING -
I, Patricia L. Lunsford bein� first duly sworn/affirrri, on oath depose and say that I am a Planning Administrative
Assistant for the City of�I'iga , Washington County,Otegon and that I served the followuig:
�clxrk'41.nyn4rc��fkafd&�k�w�1
❑X NOTTCE OF DEQSION FOR
MI..P2007-00007/VAR2007-00009/VAR2007-00010-ANDERSON PARTTTTON
(File I�k>./N,u�r Rr(emncr)
� AMENDEDNOTI(�
� City of T"igard Plannuig Director
A copy of the said notice being hereto attached,marked E�chibit"A",and by reference made a part hereof,was mailed to each
named person(s) at the address(s) s wn on the attached list(s),marked Exhibit"B",and byreference made a part hereof, on
une 24 2008 and deposited in the U ed States Mail on e 24 2008,postage prepaid.
. . ��
,
(Person that Nouce)
STATE OF OREGON
County of Washington ss.
City of Tigard
Subscribed and sworn/affumed before me on the �- dayof `I� ,2008.
OFFICIAL SEAL �' I .I,U��
SHIRLEY L TREAT f �y
NOTARY PUBUC-ORE(iON N ARY PUB C OF OREGON
COMMISSIQN NO.418777
MY COMI�SSION D(PIRES APRIL 25,2011 My Corrunission E�ires: `�f.�-Sl I(
� � EX H I B I T__�._
NOTICE OF TYPE II DECISION
_ ,�
MINOR LAND PARTITION (MLP) 2007-00007
ANDERSON PARTITION
(Ltcludes a 19G-rlay e.rtensio�r) 120 DAYS = 8/23/2008
SECTION I. APPLICATION SUMMARY
FILE NAME: ANDERSON PARTITION
CASE NOS.: Minor Land Partition(MLP) MLP2007-00007
Adjustment (VAR) VAR2007-00009
Ad�ustment (VAR) VAR2007-00010
PROPOSAL: The a�plicants are requesting approval to partition one 29,580-square foot lot into three (3)
lots o 10,523 square feet, 8,350 s qu�are feet and 7,670 s qu�are feet for single-family homes.
The e�sting single-family home w�l remam on Lot 1. The �appli� cants are also requesting
a p proval for an Ad justment to the access/e gress standards (VAR2007-00009) because the
propose d pnvate street does not meet t he 200-foot s acuzg stan dar d for driveways an d streets
on a collector, and for a landscap�ing Adjustment (VAR2007-00010� to use e�vstuig trees as
street trees. NOTE: Tlae applicarn{xrd irutially�uests�apprnuzl top��titzwz ore 42,167 square fax l�
irrto thr� lc�s 10,523 sq�a�fa� 21,047 squa�fa� arxl 7,SST s yua�fa� Upon �uer��tlae
applicatiov� sta disa�zey�tlxct th� al did ra��tlae ma�iman densrty ra�uz�rn�4 laPs arxl ax�ld
nrx rr�s lattz�ng starda�e th� a�aa�ss cta�ld�xx m� tlae starda�for 41�rs. To
�x
yesa�ze th�e zssu� .aprlirarns applia�for a lot i�ae acl irst�to�tlae sizec�tlae subjat lat arz� upon
r�i � lo� liread�ustrr,�rn n�usa�tlaeir application to shoz�an original lat �29,580 square fa�
ratlaer�n 42,167 sq�a�f�77ae nr�n�r t�al la�s n�testa�(3� lxrs rxx dxanga� Tl�applrcarns
grarn�l tl�City a 196clay e�tension�tlae 120-�ay n�le so tlxx�t staf}'ax�ld�ueze�the dx�n�.
APPLICANTS/
OWNERS: Mary Anne and Edward Anderson
PO Box 23593
Tigard, OR 97281
ZONING
DESIGNATION: R 4.5: Low Densi Residential. The R 4.5 zoning district is designed to accommodate
etac e sing e- �y homes wit or without accessory residential units at a m,n,mum lot size
of 7,500 square feet. Duplexes and attached single-family units are permitted conditionally.
Some civic and u�strtutional uses are also permitted conditionally.
LOCATION: 12330 SW 121st Avenue;Washington CountyT�Map 2S103BA,Tax Lot 900.
PROPOSED PARCEL 1: 10,523 Square Feet
PROPOSED PARCEL 2: 8,350 Square Feet
PROPOSED PARCEL 3: 7,670 Square Feet
APPLICABLE
RE VIE W
CRITERIA: Communi Development Code Cha teis 18.370, 18.390, 18.420, 18.510, 18.705, 18.715,
18.725, 18�30, 18.745, 18.765, 18.790,�8.795 and 18.810.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Commuruty Development Director's designee has APPROVED the
request for a Partition and Adjustment to the Access/Egress Standards (VAR2007-00009), subject to certain
conditions, and DENIED the request for a Landscaping Adjustment (VAR2007-00010). The findings and
conclusions on which the decision is based are noted in the full decision,available at CityHall. I
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 twenry-five cents (25�) per page, or the current rate charged for copies at the tune of the request.
SECTION III. PROCEDURE AND APPEAL INFORMATION
Notice•
Notice mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON JUNE 24, 2008 AND BECOMES
EFFECTIVE ON JULY 10, 2008 UNLESS AN APPEAL IS FILED.
pAD e—al.:
The llirector'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 TTotice of Dec�sion was mailed. The appeal fee schedule and forn�s are ava able 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 ident�fied in the written comments subirutted bythe parties during the comment period. Additional
evidence concerning issues properly raised in the Notice of Appeal may be subrrutted by any party during the appeal
hearing, subject to any additional rules of procedure that maybe adopted f rom time to tune by the appelIate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON ULY 9, 2008.
Fo�esuons:
er information lease contact the Planning Division Staff Planner, _E�mil E�n at (503) 639-4171, Tigard
City Hall, 13125 SW Hall�oulevard,Tigard, Oregon 97223 or by email to emil� ti�arc�or.gov.
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2S1036D-00700 ' 2S103B6•11500
ABINANTE MATTHEW C BAXTER PETER N/S� �J E EX H I B I T
12020 SW WALNUT AVE 12165 SW 123RD CT �
PORTLAND, OR 97223 TIGARD,�R 97223
2S1036D-00900 2S103BB-11600
ALLEN ELIZABETH A&STEVEN P BOEKELHEIDE LEE AND
12540 SW 121 ST AVE BECHARD MARGARET E
TIGARD, OR 97223 12180 SW ANN PLACE
TIGARD,OR 97223
2S1038D-00901 251036B•07000
ALL S EN P 8�ELIZABETH A BOLEN RICHARD L&GERALDINE L
1254 121 ST AVE 12185 SW WALNUT ST
Z ARD, O 7223 TIGARD,OR 97223
2S1036C•00100 2S103BB-11800
ALLES BRIAN J 8 KAREN P BORMAN NANCY F
12525 SW 121 ST AVE 12140 SW ANN PL
TIGARD, OR 97223 TIGARD,OR 97223
2S103BA-01001 2S103BD-00600
ANDERSON EDWARD L& BOYCE RONALD JlANA L
ANDERSON MARY ANNE 11970 SW WALNUT ST
PO BOX 23593 TIGARD,OR 97223
TIGARD, OR 97281
2S103BA-01002 2S103B8-13300
AN RSO DWARD L& BROWN HARRY E&SALLY M
ANDE N MARY ANNE PO BOX 230906
PO X 23 TIGARD,OR 97281
ARD, OR 97281
2S103BA-01003 2S1D38B-12300
AN SON E ARD L& BRO H Y E&SALLY M
ANDER ARY ANNE PO B 906
PO B 23 RD,OR 281
T ARD, OR 9 81
251038A-00900 2S1038B-12500
ANDERSON EDWARD L&MARY ANNE CALEN KRIS D&DEBORAH
12330 SW 121 ST AVE 12150 SW 123RD CT
TIGARD,OR 97223 PORTLAND,OR 97223
251038A-00103 2S1036D-t0800
A RSO WARD L 8 MARY ANNE CAPPOEN RAYMOND J
PO B 23593 SUZANNE
RD, 97281 11710 SW WALNUT ST
TIGARD,OR 97223
251036A-01000 2S1D38C-OD300
AUSBIE DONNA D CARROLL BRIT E
12400 SW 121 ST AVE 12180 SW WALNUT ST
TIGARD,OR 97223 TIGARD,OR 97223
2S1036A�00600 � 2S1038A-00104
DRAKE GEORGE L&LINDA K HUTCHISON PERRY.
1 1765 SW WALNUT ST 11890 SW ANN ST
TIGARD, OR 97223 TIGARD,OR 97223
2S103BA-00114 2510368-13000
EEFSEN MARIE JACKSON DAVID W&JEAN P
11825 SW ANN ST 12210 SW ANN CT
TIGARD, OR 97223 PORTLAND,OR 97223
2S103B6-06900 2510388-12200
ELDERLY CARE HOLDING LLC JEWELL GRANT E&MARJORIE A
4612 NE 95TH WAY 12125 SW ANN PL
VANCOUVER,WA 98665 TIGARD,OR 97223
2S103BA-00139 2S1038B-06500
FIRELIGHT LLC KEERINS HERMAN O 8 PATRICIA E
PO BOX 1258 12195 SW 121 ST AVE
NEWBERG, OR 97132 TIGARD,OR 97223
2S103BB-12400 1D36B-08300
FORD REGINA LA TE CE
12160 SW 123RD CT OWN S�F ALL LOTS
TIGARD, OR 97223 ,
2S1038A-00700 2S1038B-08400
GAARDE RICHARD J II &JUDITH A LEWIS LIVING TRUST
11825 SW WALNUT BY LINDA A LEWIS TR
TIGARD, OR 97223 12415 SW 122ND AVE
TIGARD,OR 97223
2S1038D-00400 2S103BA-00113
HANSEN EDITH A LUCKEROTH CAROL
9894 RD 18 NE 11885 SW ANN ST
MOSES LAKE,WA 98837 TIGARD,OR 97223
2S103BA-00134 251038D-11100
HOFFMAN WALTER L 8 RANAYE M MAY 1989 FAMILY TRUST
12300 SW DUCHILLY CT 11737 SW ERROL 5T
TIGARD, OR 97224 TIGARD,OR 97223
2S103BD-01001 2S103BA-00112
HUGHES JACK D TR 8 MAYLENDER CAROLE J
HUGHES LEONE M TR 11945 SW ANN ST
12580 SW 121ST AVE TIGARD,OR 97223
TIGARD, OR 97223
2S10368-D6700 2S103BA-00800
HUMPHREY GRETCHEN G MCCOY MARY P
12385 SW 121 ST AVE 11865 5W WALNUT ST
PORTLAND, OR 97223 TIGARD,OR 97223
2S103BA-00500 � 2S103BA-00111
MCINTYRE SARAH E PUGH THOMAS R Ai. sARBARA J
11695 SW WALNUT ST 12005 SW ANN ST
TIGARD,OR 97223 TIGARD,OR 97223
2S1036A-00115 2S103BB-10300
METZLER RICHARD C JR AND RABAU MARLA S 8
DEBORAH J WOIF KEITH S
11765 SW ANN ST 12140 SW KATHERINE ST
TIGARD,OR 97223 TIGARD,OR 97223
2S103BA-00110 2510366-08700
NOEL JOHN B AND MARALYN A SCHROEDER TIM R 8 VANESSA R
12055 SW ANN ST 12445 SW 122ND AVE
TIGARD,OR 97223 TIGARD,OR 97223
2S1036D-00602 251036B-12000
NORMAN JACK J JR AND SCHULTZ KINDES A
MARY J 12100 SW ANN PL
11930 SW WALNUT TIGARD,OR 97223
TIGARD, OR 97223
2S103BB-11700 2S103B8-10500
OTT ANITA F SINHA RAVI 8 SARI S
12160 SW ANN PL 12240 SW KATHERINE ST
TIGARD,OR 97223 TIGARD,OR 97223
251038A-00106 2S1038B-10400
PARSONS JOE P MARLYNN SIU WING K
11770 SW ANN ST 12180 SW KATHERINE ST
TIGARD,OR 97223 TIGARD,OR 97223
2S10386-08600 2S103BB-13100
PAULSON ANGELA RENE REVOCABLE L SIXEL KURTIS M&KRISTINE R
PAULSON JACK GUSTAV REVOCABLE LIVI 12240 SW ANN CT
BY ANGELA RENE/JACK G PAULSON TR TIGARD,OR 97223
PO BOX 11585
PORTLAND,OR 97211
2S103BA-00137 2S103B8-11900
PERCY JACK R 8 KATHERINE L SMITH JEFFREY G&RACHEL R
11920 SW�YNN 12120 SW ANN PL
TIGARD, OR 97223 TIGARD,OR 97223
25103BA-00107 2S103BA-OOt36
POTTHOFF ROGER 8 MARY SNOW PAUL M 8 BONNIE F
PO BOX 23968 11870 SW LYNN ST
PORTLAND, OR 97281 TIGARD, OR 97223
2S1038A-00105 251038A-00135
PROCTOR TIFFANY A&PATRICK E SPENCER MELVIN D
11830 SW ANN ST 11810 SW LINN
TIGARD, OR 97223 TIGARD,OR 97223
2S1038A-00108 '' 251038D-00301
SPRAGUE MICHAEL M WILLIAMS LENA MA�
DOLLIE P 11770 SW WALNUT ST
11650 SW ANN ST TIGARD,OR 97223
TIGARD, OR 97223
2S103BA-00144 2S103BB-12100
STEVENSON MERLIN P AND WILLIAMSON ALONZO C AND
THERESA CHRISTINE S
PO BOX 230295 12105 SW ANN PLACE
TIGARD, OR 97281 TIGARD,OR 97223
2S1D3B6-06800 251036D-00800
TAPIA SERGIO WOOD ROLAND R
12442 SW 122ND AVE 12070 SW WALNUT
TIGARD,OR 97223 TIGARD,OR 97223
2S103B6-13400 2S103BD-OD300
THOMAS GEORGEANN ELIZABETH& WRIGHT LARRY A 8 MAUREEN L
GORDON DAVID ALAN 11800 SW WALNUT ST
5053 BILLMAN AVE TIGARD,OR 97223
LAS VEGAS, NV 89109
2S103B6-10200 2S103B8-08500
TIG D CI OF YOUNG JOHN G VIRGINIA F
13125 HALL BLVD 12425 SW 122ND AV
T RD, 97223 TIGARD,OR 97223
2S1036A-00401 ZS1036A-00102
URLING HARRY F&NELL P ZARR JAMES A AND DONA J
RESTATED TRUST THE 12010 SW ANN ST
11625 SW WALNUT ST TIGARD,OR 97223
TIGARD, OR 97223
25103BA-00116
VANOURNEY STEVEN WILLIAM
11705 SW ANN ST
TIGARD, OR 97223
2S103BA-00101
VANSANTJEFFREY
12070 SW ANN ST
TIGARD,OR 97223
2S103BC-00200
VRVILO WANDA I
12565 SW 121ST
TIGARD,OR 97223
2S103BB-07100
WASHINGTON COUNTY
LUT CPM DIV RNV SECTION
1400 SW WALNUT ST MS18
HILLSBORO,OR 97123
Gretchen Buehner
13249 SW 136th Place
Tigard, OR 97224
Don & Dorothy Erdt
13760 SW 121 st Avenue
Tigard, OR 97223
Ellen Beilstein
14630 SW 139�h Avenue
Tigard, OR 97224
Martha Bishop
10590 SW Cook Lane
Tigard, OR 97223
Vanessa Foster
13085 SW Howard Drive
Tigard, OR 97223
Susan Beilke
11755 SW 114'h Place
Tigard, OR 97223
CPO 46
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Patricia Keerins
12195 SW 121 st Avenue
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CITY OF TIGARD - [ENTRAI INTERESTED PARTIES (i:lcurpin\setupllabelslClT Central.doc) UPDATED: 26-Feb-08 �
�
-��L
�1
AFFIDAVIT OF MAILING -
I, Patricia L. Lunsford, bein first duly swom/affirm, on oath depose and say that I am a Planning Administrative
Assistant for the City of Tiga�, Washington County,Oregon and that I served the following:
�a,��.�,,,,n�,,�u•��r�,>�bw�
❑X NOTTCE OF DEQSION FOR
MLP2007-00007/VAR2007-00009/VAR2007-00010- ANDERSON PARTTTTON
(File No./N:une Reference)
� AMENDEDNOTICE
� City of Tigard Plaiuiulg Director
A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each
named person(s) at the address(s) shown on the attached list(s),marked E�ibit"B",and byreference made a part hereof,on
June 24,2008, and deposited in t United States Mail on June 24,2008,postage prepaid.
� � , �
.
�� ��
(Petson that repar Nouce�
STATE OF ORE GON
County of Washington ss.
City of Tigard
Subscribed and sworn/affirmed before me on the `� dayof 5�-1-� ,2008.
OFFtCIAL SEAL
SHIRLEY L TiiEAT � � �'�L,�,r
NOTARY?UBLIC-OREQ�ON
� coMnnissiorv rvo.a�sm NOTARY PUBL C OF OREGON
MY COMMISSION EXPIRES APRIL 25,2011 �'��� ��
My Conuivssion Expires:
EXHIBIT�!
NOTICE OF TYPE II DECISION
� ,�
MINOR LAND PARTITION (MLP) 2007-00007
ANDERSON PARTITION
(Incli�des a 196-day extension) 120 DAYS =8/23/2008
SECTION I. APPLICATION SLJMMARY
FILE NAME: ANDERSON PARTITION
CASE NOS: Minor Land Partition(MLP) MLP2007-00007
Adjustment AR VAR2007-00009
Ad�ustment AR VAR2007-00010
PROPOSAL: The a�plicants are requesting approval to partition one 29,580-square foot lot into three (3)
lots o 10,523 square feet, 8,350 s qu�are feet and 7,670 squ�are feet for single-family homes.
The e�sting single-family home w�11 remain on Lot 1. The applicants are also requesting
a p proval for an Ad�ustment to the access/e gress standards (VI�R2007-00009) because the
proposed pnvate street does not meet the 200-foot s acing standard for driveways and streets
on a collector; and for a landscap�ing Adjustment (VAR2007-00010� to use ex�sung trees as
street trees. NOTE: The applicay2 had irtimtially�uesta;l appraurl topartitiorc or�42,167-scjua�fax l�
i�o thn� la�s 10,S23 squa�fa� 21,047 squa�f� a�xl 7,SST sguaye f� Upon �uera��tlae
applicatior� sta disarr�r�tlxit tl�pr�pasal did nrx�t tlae m�zimcm denszty�ru�n�rtt gF41a►s asxl ax�ld
n� �t s platting sta�lanls l�rause tlaeprop�al acr�ss muld yaot � the starzlayd for 4 lo�s. To
�sa��ze tlae issu� tlae aprlira�s applza�l for a lar il n�ad��ustm�rt to�lirce the size�th�e subjat lc�ane� upon
�i�zin�,lar ltn�ac�ust�a n�zrsa�tlaeir application to sl.aoze�an angtnal lo� �29,580 squa�f�t
ratlaer t{xin 42,167 squa��7�ae �.m�rg�to�al lc�*s �7�sta�(3� lxts �ear dxang�l The applicants
grarrt�l the City a 196day e�terzsiorc�tl.ae 120-iGzy rule so tlxat stczff crxrld re�reze�the dxsrtg�s.
APPLIC.ANTS/
OWNERS: Mary Anne and Edward Anderson
PO Box 23593
Tigard, OR 97281
ZONING
DE SIGNATION: R 4.5: Low Densi Residential. The R 4.5 zoning district is designed to. accommodate
etac e sing e- a �y omes wit or without accessory residential units at a rrununum lot size
of 7,500 square feet. Duplexes and attached single-family units are pernlitted conditionally.
Some civic and uistitutional uses are also pernlitted conditionally.
LOCATION: 12330 SW 121st Avenue;Washi.ngton CoiuityTax Map 2S103SA,Tax Lot 900.
PROPOSED PARCEL 1: 10,523 Square Feet
PROPOSED PARCEL 2: 8,350 Square Feet
PROPOSED PARCEL 3: 7,670 Square Feet
APPLICABLE
RE VIE W
CRITERIA: Coinmuniry Development Code Cha ters 18.370, 18.390, 18.420, 18.510, 18J05, 18J15,
18.725, 18.730, 18.745, 18.765, 18.790,�8.795 and 18.810.
SECI"ION II. DECISION
Notice is hereby given that the City of T'igard Commuruty Development Director's designee has APPROVED the
request for a Partition and Adjustment to the Access/Egress Standards (VAR2007-00009), subject to certain
conditions, and DENIED the request for a Landscaping Adjustment (VAR2007-00010). The findings and
conclusions on which the decision is based are noted in Section V of this decision.
NOTTCE OF DEQSION MLI'2007-00007/ANDERSON PAR7TTTON PAGE 1 OF 24
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO COMMENCING ANY
ONSITE IMPROVEMENTS, INCLUDING DEMOLITION, GRADING, EXCAVATION AND/OR
FILL ACTIVITIES:
e app icant s a contact or su mit e o owmg requirements to e CI Y ORIS , ODD PRAGER
(503) 7T8-2700:
1. Prior to site work, the applicant,shall submit a cash assurance or other means acceptable to,the City for the
equivalent value of tree mitigation required at $125.00 per cali er inch. If additional mitigation trees are
preserved throu h the partition improvements and construction o�houses,and are properly protected through
these stages byt�e same measures afforded to other'protected trees on site, the amount of the cash assurance
m'a�y be correspondingly reduced. Any trees planted on the site or off site in accordance with 18J90.060.D
wili be credited against the assurance for two years following final plat approval. After such time,the applicant
shall pay the remaining value of the assurance as a fee in-lieu of planting. Any planting by the applicant must
be approved by the City Arborist.
2. Prior to site work, the applicant shall revise plans, to show tree protection.fencing to scale and include a
signature of approval from their project arbonst on the plans re arduig the tree protection zone
recommendations. The applicant shail position fencin per the project ar�orist's recommendations. All trees
to be preserved shall be protected with five or six (�' - 6� foot high chain link fences. Fences are to be
mounted on two inch diameter galvanized iron posts, driven mto the ground to a depth of at least 2-feet at no
more than 10-foot spacing.
3. Prior to site work, the a�pplicant shall install all proposed tree pr�otection fencing as approved by the Project
Arborist. The fencin� shall be inspected and approved by the Laty Arborist prior to be�uirung any site work.
The tree protection encing shall reinaui in place through the duration of all of the uilding construction
phases,until the final inspection has been passed. The applicant shall allow access bythe CitxArborist for the
pu�pose.of monitoring and inspection of the tree protection to verify that the tree protection measures are
perforrrun adequately. Failure to follow the plan, or maintain tree.protection fencing in the designated
Iocations s�all be grounds for immediate suspension of work on the srte until remediation measures and/or
civil citations can 6e processed. After approval from the Ciry Arborist, the tree protection measures may be
removed.
If the Builder is di�fferent from the developer or initial applicant:
Prior to issuance of building pernzits the applicant shall submit site plan drawings indicating.the location of the
trees that were preserved on the lot c�uring site development,location of tree protection.fenculg,and a signature
of approval from the Project Arbonst regarding the placement and construction techruques to be employed in
builduig the structures.. All proposed protection fencing shall be installed and inspected prior to, beguuiuzg
construction. The fencui shall reinauz u�place through the duration of all of the bu�ding construction phases,
until the final inspection�as been passed. After approval from the City Arborist, the tree protection measures
may be removed.
4. The applicant shall have an on-�oing responsibility to ensure that the Project Arborist has submitted written
reports to the Ciry Arborist, at least once every two weeks, as the Project Arborist monitors the construction
activities from irutial tree protection zone ('TPL) fencin installation through the building construction phases.
The reports shall evaluate the condition and location o�.the tree protection fencin determuie if any changes
occurred to the TPZ and if any part of the Tree Protection Plan has been violated�f the amount of TPZ was
reduced, then the I�ro�ect Ar-borist shall justify why the fencing was moved and shall certify that the
construction activities did not adversely impact the overall, long-term health and stability of the tree�s�. If the
reports are not submitted to the Ciry Arborist at the scheduled intervals, and if it appears the TP s or the
Tree Protection Plan are not bein followed by the contractor or a sub-contractor, the City can stop work on
the pro�ect until an inspection can�e done bythe CityArborist and the Project Arborist.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO APPROVAL OF THE FINAL PLAT:
e app icant s a prepare a cover etter an su mit rt, a on wi any supportin ocuments an or p ans
that address the folIowing re uirements to the CURRENT�LANNING DIVIS�ON, (503) 639-4171. The
cover letter shall clearly identif�y where in the submittal the required information is found:
5. Prior to final plat approval, the applicant shall rovide evidence that the lot line adjustment survey map for
MIS2008-00007 (Anderson Lot Line Adjustment�was recorded at Washington County.
6. Prior to final plat approval, the applicant shall revise the site plan to show side setbacks for Lots 2 and 3 that
complywith tlag lot standards (10 teet).
NO7TC� OF DEQSION MLI'2007-00007/ANDERSON PARTTTION PAGE 2 OF 24
7. Prior to final plat approval, the applicant shall revise.plans to show screening along the entire length of the
private driveway(Tract B),where it abuts the neighbonng property.
The applicant shall prepare a cover letter and submit it, along with any su octin documents and/or plans
that address the tollowing requirements to the ENGINEERING �EP�TMENT, ATTN: HIM
MCMILLAN 503-639-4171, EXT 2642. The cover letter shall clearly identify where in the submittal the
required information is found:
8. A Public Faciliry Improvement (PFI) permit is required for this projea w cover utility connections and any
other work in the ublicr�h�t-of-wa . S� (6) sets of detailed ub�ic unp rovement lans shall be submitted for
review to the Enguleenng Depart ent. N(�TE: these plans are in addition to ariy drawings re quired by the
Building Division and shouId only include sheets relevant to public improvements. Public Fac�ty
Improvement (PFI) pernu�t�p�lans shall conform to City of Tigard Public Improvement Design Standards,
which are available at City Hall and the Cit�s web page (www.tigard-or.gov).
9. The PFI perniit plan submittal shall include the exact legal name, address and tele�phone number of the
individual or corporate entity who will be designated as the "Pernuttee", 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 spec�fy the state witlun which the entity is incorporated and provide the name of the corporate
contact person. Failure to provide accurate inforn�ation to the Engineering Department will delay processing
of project documents.
10. The applicant shall provide a construction vehicle access and parking plan for approval by the City Engineer.
The purpose of this plan is for parking and traffic control dunng the public improvement construction phase.
11. The City Engineer may deterniine the necessity for, and requ�i�re submittal and approval of, a construction
access and parking plan for the home building phase.. If the z;iry Engineer deems such a plan necessary, the
applicant shall provide the plan prior to issuance of bwlduig perrruts.
12. Prior to final plat approval,the applicant shall paythe addressing fee. (STAFF CONTACT: BethanyStewart,
Engineering�.
13. The applicant shall submit construction plans to the Engineering Department as a part of the Public Facility
Improvement permit indicating that they will construct the followulg frontage unprovements along SW 121st
Avenue as a part of t�vs project:
A. 6-foot concrete sidewalk,curb and gutter where removing existing driveway;
B. street trees in the planter strip spaced per TDC requirements;
C. streetlight layout by applicant's engineer,to be approved by City Engineer;and
D. driveway apron(for pnvate street).
14. The applicant shall revise the utility plan to show water mete�s at the new ROW and the private water lines on
private property(not in the RO�.
15. The final plat shall include private water line easements over Lot 1 and Tracts A and B.
16. The applicant shall revise the utility plan to show the private storm lateral for Lot 2 on private property,not in
the public nght-of-way(RO�.
17. The final plat shall include a private storm sewer easement over Lot 1 and Tracts A and B to serve Lot 2.
18. The applicant's plans shall be revised to show bicycle striping along their frontage.
19. Lots 1 -3 shall not be perniitted to access directly onto 121st Avenue, except at the approved private street
location. The existing driveway shall be removed.
20. The applicant shall cause a statement to be placed on the final plat that provides a non-access reservation
along the sub�ect site's SW 121st Avenue frontage except at the approved pnvate street location.
NOTTC�, OF DEQSION MLI'2007-00007/ANDERSONPARTT7TON PAGE 3 OF 24
21. The applicant shall execute a Restrictive Covenant whereby they agree to complete or participate in the future
improvements of SW 121st Avenue adjacent to the subject property,when anyof the following events occur:
A. when the improvements are part of a larger project to be financed or paid for by the forn�ation of a
Local Improvement District,
B. when the unprovements 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 unprovements are part of a larger project to be constructed by a thu-d parry and involves the
sharing of design and/or construction expenses by the third party owner(s) of property in addition to
the su6ject property,or
D. when construction of the improvements is deemed to be appropriate by the Ciry Engineer in
conjunction with construction of unprovements by others adjacent to the sub�ect site.
22. The ap licant shall cause a statement to be placed on the final plat to indicate that the proposed private street,
Tract � will be jointly owned and maintained by the pnvate property owners who abut and take access from
it.
23. The applicant shall cause a statement to be placed on the final plat to indicate that the proposed private
driveway, Tract B, will be J�ointly owned and mamtained by the pnvate property owners of I.ots 2 and 3 for
access and utiltues for lots 2 and 3 only.
24. The a licant's construction drawings shall show that the pavement and rock section for the proposed private
street�s�shall meet the Cit�s public street standard for a local residential street.
25. An erosion control plan shall be�rovided as part of the Public Faciliry Improvement (PFI) permit drawings.
The plan shall conform to the Erosion Prevention and Sediment C:ontrol Design and Planrung Manual,
Febniary 2003 edition."
26. The applicant's final plat shall contain State Plane Coordinates on two monuments with a tie to the Cat�s
global positiorung system (GPS)�geodetic control network(GC 22) as recorded in Washington County survey
records. These monuments shali be on the same line and shall be of the same precision as reqwred for the
subdivision plat boundary. Along with the coordinates the plat shall contain the scale factor to convert
ground measurements to gnd measurements and the ang�e from north to grid north. These coordinates can
6e established by.
. GPS tie networked to the Ciry's GPS survey.
. By random traverse using conventional surveying methods.
27. Final Plat Application Submission Requirements:
A. Submit for City review four (4) pap er copies of the final plat prepared by a land surveyc�r licensed to
practice in Oregon and necessarydata or narrative.
B. Attach a check in t�e amount of the current final plat review fee (Contact Plaruiing/Engineering Perniit
Techniciaris,at (503) 639-4171,ext.2421).
G The final plat and data or narrauve shall be drawn to the muiunum standards set forth bythe Oregon
Revised Statutes (ORS 92.05) Washin on Counry,and by,the City of Tigard.
D. The right-of-way dedicauon �or SW 1�15` Avenue, providuig 35 feet from centerline, shall be made on
the final plat.
E. NOTE: Washin on County will not.begin their review of the final plat until they receive notice from
the Engineering �epartment u-idicatuig that the City has reviewed the fu�al plat and submitted
comments to the a�pplicant's surveyor.
F. After the City and�oun have reviewed the final lat, submit two mylar copies of the final lat for
Gty Enguzeer signature�for partrtions), or C ity �ngineer an d C�mmuruty Deve lopment �irector
signatures (for subdivisions).
NOTTC�OF DEQSION MLP2007-00007/ANDERSON PARTTTTON PAGE 4 OF 24
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ISSUANCE OF SITE OR BUILDING PERMITS:
e app icant s a contact or su mit e o owing to e Y ORIS , ODD ER 503 718-
2700:
28. Prior to buildin permits, the applicant shall provide a street tree plan. Street trees shall be chosen from the
Gry of Tigard SS�reet Tree Planting List and shall be planted in the dedicated ROW along the e�cisting sidewall�.
The size and spacuig of street trees shall be m accordance with 18.745.040.C2. The City Arbonst recommends
small stature trees,such as Comus kousa,Syringa reticulate,Magnolia stellata,Acer tatancwn,and Cercis sp.
29. Prior to receiving a biulding�ermit, the applicant/owner shall record a deed restriction to the effect that any
existing tree greater than 12' diameter may be removed only if the tree dies or is hazardous according to a
certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved ui
accordance with this decision should either die or be removed as a hazardous tree.
The applicant shall prepare a cover letter and submit it, alon with any su ortin documents and/or plans
that address the }ollowin requirements to the ENG�EERING �EP�TMENT, ATTN: XIM
MCMILLAN 503-639-4171, �XT 2642. The cover letter shall cleady identify where in the submittal the
required information is found:
30. Prior to issuance of building perniits, the applicant shall provide the Engineering Department with a
"photomylar" copyof the recorded final plat.
31. Prior to issuance of building pernuts the applicant shall provide the City with as-built drawings of the public
improvements as follows: T) 3 mi� mylar, 2) a diskette of the as-builts in "DWG" forn�at, if available;
otherwise "DXF" will be acceptable and 3) the as-built drawings shall be tied to the Cit�s GPS network The
applicant's engineer shall provide t�ie Ciry with an electronic f�le with points for each structure (manholes,
catch basins, water valves, hydrants and other water system features) in the development, and theu-respective
X and Y State Plane Coordinates,referenced to NAD 83 (91).
32. Prior to issuance of building permits,the applicant's engineer shall provide final sight distance certification for
the private street intersecuon with SW 121st Avenue.
33. The app licant shall provide signage at the entrance of each shared flag lot driveway or private street that lists
the adlresses that are served by the given driveway or street.
34. Prior to issuance of building perniiu,the applicant shall provide bicycle striping along their frontage if there is
e�sting bicycle lane stripuig on either side of their development. If there �s no ex�stuig stnping on either side
then the applicant shall paythe fee-in-lieu of striping.
35. During issuance of the building pernut f or Lots 2 and 3,the applicant shall pay the standard water quality and
water quantityfees perlot (fee amounts will be the latest approved byC,�X/S).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO A FINAL INSPECTION:
e app icant s su rrut e o owing to e Y RIS , ODD ER 503 718-2700:
36. Prior to a final inspection, the Pro'ect Arborist will submit a final certification indicating the elements of the
Tree Protection Plan were followe�and that all reinauiing trees on the site are healthy,stable and viable in their
modified growing environment.
37. Prior to a final inspection,the app licant shall prune Tree #5 (if retainulg� in the visual clearance area so that no
branches are below 8 feet ui height.
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE
EFFEC'I'IVE DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION
OF THIS DECISION.
NOTTC� OF DEQSION MLI'2007-00007/ANDERSONPARTITION PAGE 5 OF 24
SECTION III. BACKGROLIND INFORMATION
Site Inforn7ation and I-�isto .
e prop ose site �s ocate on the east side of SW 1215` Ayenue about 350 feet north of its intersection with SW
Walnut Lane. The site is 29 580 square feet with an existing su�gle familyhouse. The surrounding area�s zoned R 4.5
and characterized by single-�amily homes on larger lots., The ma�ority of the immediate surrounding homes are on lots
between 0.36 acre to almost an acre. The proposed site is the lar�est property on its block Windmill Park and the
historic windmill are located across the street to the northwest of the proposed site on SW 1215t Street and SW Lynn
Street. The site slopes down toward the northeast by about 9%. There are several mature trees onsite. The sub�ect
property.received approval for a Lot Line Ad1�ustment (IVIIS2006-00009� in May 2006 to adjust a lot line with the
nei hboruig property to the south, also owned b the applicant. The subJect property also received approval in April
20� for a Lot Line Adjustment (1VIIS2008-00007�with the property to the east,aLso owned bythe apphcant,to reduce
the size of the subject lot. There are no other land use approva]s related to the site.
�P�rvo osal=:�
The applicants are requesting approval to partition one 29,580-s�quare foot lot into three lots of 10,523 square feet,
8,350 square feet and 7,670 square feet for s�ngle-familyhomes. The existulg single-familyhome will remaul on Lot 1.
The applicants request approval of an adjustment to the access/egress standards (VAR2007-00009) because the
proposed private street does not meet the 200 foot spaculg standard for driveways and streets on a collector. The
applicants also request approval of a landscapulg adjustment (VAR2007-00010) to use ex�stuig trees as street trees.
The applicant had initially requested approval to_partition one 42,167-square foot lot into three lots of 10,523 square
feet, �1,047 square feet, and 7�557 square feet. Upon review of the application staff discovered that the proposal did
not meet the nununum density requu-ement of 4 lots and could not meet s�adow platting standards because the
proposed access could not meet the standard for 4 lots. To resolve the issue, the applicants apphed for a lot line
ad�ustment to reduce the size of the subJ'ect lot and, upon receiving lot line adjustment approval, rev�sed their
aPplication to reduce their original lot to 29,580 square feet, requiring a muiunum densiry of three lots. The number
o� total lots reguested (3) has not changed. The applicants granted the C.�ty a 196-day e�ension of the 120-day rule so
that staf f could review the changes.
SECTION IV. PUBLIC COMMENTS
Staff sent notice to all propertyowners within 500 feet of the subject propertyand received no comments.
SECTION V. APPLICABLE REVIEW CRITERIAAND FINDINGS
Land Partitions (18.420�
Approval Criteria (18.420.050.A):
1. The proposed partition complies with all statutory and ordinance requirements and regulations;
The proposed partition complies or can be made to comp l�y with all statutory and ordinance requirements and
regulat�ons as demonstrated by the analysis contained within this admuvstrative dec�sion and through the unposition of
conditions of approval. Provided all conditions of approval are satisfied as part of the development and builduig
process,this critenon�s met.
2.There are adequate public facilities available to serve the proposal;
Public facilities are discussed in detail later in this decision under Street & Utiliry Improvement Standards (Chap ter
18.810). Based on the analysis provided therein,adequate public facilities are available to serve the proposal. Theretore,
this cntenon is met.
3. All proposed improvements meet City and applicable agency standards;and
The public facilities and proposed im�provements are discussed in the Public Facility Concerns section of this decision.
Conditions of approval will ensure that all proposed improvements meet Ciry and agency standards. Improvements
will be reviewed as part of the pernut process and dunng construction, at which time the appropriate review authority
will ensure that City and apphcable agency standards are met. Based on the analysis in th�s decision, this criterion �s
met.
NOTIC� OF DEQSION MLI'2007-00007/ANDERSON PARTITTON PAGE 6 OF 24
4. All proposed lots conform to the specific requirements below:
(a) The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning
district
The width of the building envelope area for Lots 1, 2 and 3 is 99 feet,75 feet and 80 feet, respectively. Therefore,the
standard of 50 feet is exceeded.
(b) The lot area shall be as required by the applicable zoning district In the case of a flag lot, the accessway
may not be included in the lot area.
The lot area for Lots 1�2 and 3 are 10,523 s quare feet 8,350 square feet and 7,670 square feet,respectively. Therefore,
all lots exceed the rninunum lot area of 7,500 square �eet. Lots 2 and 3 will be a flag lou whose area does not include
any access easements. This criterion is met; however,it is noted here that the proposed lot sizes are contingent upon a
lot line ad�ustment being recorded. Prior to final plat approval, the applicant shall provide evidence that the lot luie
adjustment survey map for MIS2008-00007 (Anderson Lot Lu�e Ad�ustment) was recorded with Washington County.
�c) Each lot created through the paitition process shall front a public right-of-way by at least 15 feet or have a
egally recorded miniinum 15-foot wide access easemen�
Lot 1 will be a corner lot fronting SW 121s` street by 120 feet and the whole length of Tract A. Lots 2 and 3 will each
have 15 feet of frontage along Tract B,a shared private driveway(access easement). Therefore,the criterion is met.
(d) Setbacks shall be as required by the applicable zoning district
The re quired setbacks in the R 4.5 zone are 20 feet front, 5 feet side 15 feet street side and 15 feet rear. The site lan
shows that the existin house on Lot 1 will have the following setbac�.s• 51 feet front, 18 and 9 feet sides,and 23 ft� 1/�
inch rear, exceeding t�e standard. The site plan shows standard setbacks for Lots 2 and 3; however,the applicant shall
be conditioned to revLSe the side setbacks to 10 feet to comply with flag lot standards (Chapter 18J30) pnor to fuial
plat approval.
(e) When the partitioned lot is a flag lot, the developer may detetmine the location of the front yard, provided
that no side yard is less than 10 feet Structures shall generally be located so as to ma}cimize separat�on from
e�usting structures.
Lots 2 and 3 will be flag lots. As discussed previously,the applicant is conditioned to complywith flag lot standards.
�� 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 abumng lots and to provide usable outdoor recreation areas for proposed
development
The applicant proposes a "Tract A" and "Tract B." Tract A is a private street that will serve all three lots and has been
conditioned to meet the required private street width. Tract B, a��pnvate driveway, is 16 feet wide and intended to
serve only two lots (Lots 2 and 3). Because the private drivewa�y wilI abut the existing properry to the south,screening
will be required. Pnor to finalplat approval, the applicant shall revise plans to show screenulg along the entire length
of the pnvate dnveway,where it abuts the neighbonng property.
(g) The fire district may re quire the installation of a fire hydrant where the length of an accessway would have
a detrimental effect on fire-�ighting capabilities.
The fire district reviewed the proposal and has no comments or concems. Therefore, a new fire hydrant is not
required.
(h) Where a common drive is to be provided to seive more than one lot, a reciprocal easement which will
ensure access and maintenance rights shall be recorded with the approved partition map.
A common driveway(Tract B) is required for Lots 2 and 3. Therefore,a reciprocal access easement has been required.
5. Any access way shall comply with the standards set forth in Chapter 18.705,Access,Egress and Ci�ulation.
NOTTC� OF DEQSION MLI'2007-00007/ANDERSON PARTTTION PAGE 7 OF 24
As shown later in this decision under"Access,Egress and Circulation (18J05)," the standards in Chapter 18J05 have
been met or can be met through conditions.
6. Where landfill and/or development is allowed within or adjacent to the one-hundred year floodplain, the
city shall reguire consideration of the dedication of sufficient open land area for greenway adjoimng and
witlun the tIoodplain. This area shall include poitions 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 roposed partition is not adjacent to or in the one-hundred year floodpla.in. The nearest floodplain is about 1,090
feet �0.2 mile) away from the partition site. The highest elevation of the nearest floodpla.in is 175 feet. The lowest
elevation of the partition site is 215 feet. Therefore,this cntenon does not apply.
7. An application for a variance to the standards prescribed in this chapter shall be made in accordance with
Chapter 18.370,Variances and Adjustments. The applications for the pa�t�on and variance(s)/adjustment(s)
will be processed concurnendy.
The applicant has requested approval for an Adjustment to the Access/Egress Standards and a Landscaping
Adjustment to use existuzg trees as street trees. These requests have been reviewed concurrently with the partition
appl�cation.
FINDING: All approval criteria for the proposed partition have been met or can be met by satisfying
condiuons of approval.
CONDITIONS:
. Prior to final plat approval, the applicant shall revise the site plan to show side setbacks for
Lots 2 and 3 that complywrth flag lot standards (10 feet).
. Prior to final lat ap�roval, the applicant shall revise plans to show screening along the
entire length o�the pnvate dnveway(Tract B),where it abuts the neighboring propeny.
. Prior to final lat approval,the applicant shall provide evidence that the lot line ad'ustment
surveX map �or IVIIS2008-00007 (Anderson Zot Line Adjustment) was recor�ed with
Washuigton County.
Variances and Adjustrnents (18.370�
Adjustment to access and egress standards (Chapter 18.705).
a. In all zoning districts where access and egress drives cannot be readily designed to conform to Code
standards witlun a particular parcel, access v�nth an adjoining propeity shall be considered. If access in
conjunction with another pa�el cannot reasonabl�y be achieved, the Director may grant an ad'ustrnent to the
access requirements of Chapter 18.705 through a Type II procedure, as governed in Section 1�.390.030, using
approval criteria contained in Subsection 2b below.
b. The Director may approve, approve with conditions, or deny a request for an adjustrnent from the access
requirements contained in Chapter 18.705, based on the following critena:
(1) It is not possible to share access;
The proposed private street w�as chosen with consideration to the existing house, the preservauon of the largest and
healthiest trees and best possible location for direct access to the back lots. It is not possible to share access v�nth the
two neighboring propexues,the accesses for which do not abut the subject property.
(2) There are no other alternative access points on the street in question or from another
street;
The subject.property has frontage only on SW 121"street. E�sting single family homes surround the subject propeny.
Therefore,there are no alternative access pouits on the street in question or from another street.
NOTTC�OF DEQSION MLI'2007-00007/ANDERSONPARTTTION PAGE 8 OF 24
(3) The access separation requirements cannot be met;
The access separation standard is 200 feet on a collector. There are 6 other driveways on both sides of the street within
200 feet to the south. There are 2 other driveways and a street within 200 feet to the north. Therefore, access
separation requirements cannot be met.
(4) The request is the minimum adjustment required to provide adequate access;
The applicants propose to close off one access and request only one access to serve the three proposed lots. T1zis
access �s in the locauon of one of the two existing driveways. The a�pplicants will be reducing the nurriber of driveways;
therefore,the request is the nununum adjustment required to provide adequate access.
(5) The approved access or access approved with conditions will result in a safe access;and
The applicant provided a preliminary sight distance certification which shows the proposed access meets the rec�uired
s-igh� t d�stance of 350 feet. In addltion, a private street is being created and, therefore, no dnveways will be m the
influence area of a collector intersection. Lastly,visual clearance standards are met or can be met. The approved access
will result in a safe access.
(6) The visual clearance requirements of Chapter 18.795 will be met
The applicant has shown a visual clearance triangle on the site plan and, as discussed in staff's findings for Chapter
18.795, �s reqwred to prune Tree#5 so that there are no branches below 8 feet. Visual clearance requirements can and
will be met.
FINDING: The proposed access meets the criteria for an Adjustment to the Access/Egress Standards.
Adjustrnents to landscaping requirements (Chapter 18.745).
a. Ad'ustment to use of existing trees as street trees. By means of a Type I procedure, as govemed by Section
18.39�.030 the Director shall approve, approve with conditions, or deny a re quest for the use of exishng trees
to meet t�ie street tree requirements m �ection 18J45.030 providing there lias been no cutting and fillin
around the tree during construction which may lead to its loss, unless the following can be demonstrated: (�
The round within the drip-line is altered merely for drainage purposes; and (2) It can be shown that the cut
or fi�will not damage the roots and will not cause the tree to die.
The applicant has applied for an adjustment to use existing trees (Trees # 1 and 3) as street trees. However, the City
Arbonst finds that these trees are set back too far to be street trees. Trees# 1 and 3 will be i.nside the property about 18
feet from the ROW line. In addition, there will be 6 feet of space within the dedicated ROW and existulg sidewalk to
plant street trees. The Project Arborist finds that new street trees will not interfere with the e�sting trees onsrte.
Because of the retairun wall abutting the sidewalk, the applicant should plant small stature street trees with non-
a
aggressive roots. There ore, while it may be possible to show that (1) and (2) above can be met, the proposed trees
cannot be considered street trees because of the�r location 18 feet awayfrom the propertyline.
FINDING: The adjustment is denied. The proposed location of the street trees is too far from the propertyline (18
feet). Because there will be enough space in the ROW, street trees shall be planted between the
property lin�after dedication) and e�stu-ig sidewalk The applicant should consider small stature street
trees that not damage the existing retauluzg wall. Recommended trees are discussed in staff's
findings for Chapter 18.745 and a condition of approval to plant street trees is required.
NOTIC�OF DEQSION MLI'2007-00007/ANDERSONPAR7TTTON PAGE 9 OF 24
Residential Zoning Districts (18.510)
Development standards in residential zoning districts are contained in Table 18.510.2. Below is a comparison
of the development standards and the proposed dimensions:
DEVELOPMENT STANDARDS and PROPOSED DIMENSIONS
R-4.5 Standacds Lot 1 Lot 2 L,ot 3
Pro osed Pro osed Pro osed
Minimuin Lot Size
-Detached unit 7,500 sq.ft. 10,523 sq.ft. 8,350 sq.ft. 7,670 sq.ft.
Average Minimum Lot Width
-Detached unit lots 50 ft. 99 ft. 75 ft. 80 ft.
Minimum Setbacks
- Front ya�i 20 ft 51 ft. Can be met Can be met
- Side yarc! 5 ft. 18 ft.,25 ft Can be met Can be met
- Rear va�i l5 ft. 23 ft.2.5 in Can be mct Can be mct
-Distance between property line and front of garage 20 ft. 28 ft. Can be met Can be met
-Fla lot side ani 10 ft. NA Can be met Can be met
Ma�mum Height 30 ft Can bet met NA NA
Maximum Hei ht Fla lot 25 ft 1.5 stories NA Can be met Can be met
FINDING: Development standards have been met or can be met at the time of building permit review.
Access. Egress and Circulation(18.705�
Cha ter 18.705 establishes standards and regulations for safe and efficient vehicle access and egress on a site
and�or general cirrulation within the site.
General Provisions (18.705.030):
Continuing obli�ation of pro�erty owner. The provisions and maintenance of access and egress stipulated in
this tide are cont�nuing requirements for the use of any structure or par�el of real property in the City.
Access plan requirements.
No buiiding or other pernut shall be issued until scaled plans are presented and�approved as provided by this
chapter that show how access, egress and circulation requirements are to be fulfilled. The applicant shall
submit a site plan. The Director shall provide the applicant with detailed information about this submission
requireinent
The applicant has submitted a site plan showing how access, egress and circulation requirements will be fulfilled.
Therefore,th�s critenon�s met.
Joint access. Owneis of two or more uses, structures, or parcels of land may agree to utilize joindy the same
access and eg�ress when the combined access and egress of both uses, structures, or pa�els of land satisfies
the coinbined requirements as designated in this tide, provided: 1. Satisfactory regal evidence shall be
presented in the form of deeds, easements leases or contracts to establish the �oint use; and 2. Copies of the
deeds,easements,leases or contracts are p�aced on permanent file with the City.
L,ots 2 and 3 will be using Tract B, a shared private driveway. Therefore,prior to final plat approval,the ap licant shall
cause a statement to be placed on the final plat to indicate that the�proposed pnvate driveway, Tract B, � be �ouitly
owned and inaintained by the private property owners of Lou 2 and 3.
Public street access.
All vehicular access and egress as required in Sections 18.705.030H and 18.705.030I shall connect direcdy with
a public or private street ap�roved by the City for public use and shall be maintained at the required
standards on a continuous basis.
All lots have access to the proposed private street, which has direct access to SW 1215` Avenue, a public street.
Therefore,this criterion is met.
NOTIC�OF DEQSION MLP2007-00007/ANDERSON PARTTTION PAGE 10 OF 24
Curb Cuts. Curb cuts shall be in accordance with Section 18.810.030N.
Curb cuts will be reviewed during the Public Facility Improvement (PFI) perniit review by the Engineering
Department.
Inadequate or haza�ious access.
(1) A}�plications for building permits shall be referred to the Commission for review when, in the opinion of
the Director, the access proposed would cause or increase existing hazardous traffic conditions; or would
provide inadequate access for emergency vehicles; or would in any other way cause hazardous conditions to
e�st which would constitute a clear and present danger to the pubIic health,safety and general welfare.
The Director has not deternzined the proposed accesses would require review by the Commission. Therefore, this
criterion does not apply.
(2) Direct individual access to arterial or collector streets from single-family dwellings and duplex lots shall be
discouraged. Direct access to major collector or arterial streets shall be considered only if there is no practical
alternative way to access the site.
All lots will have access to SW 121" Avenue, a collector, through a private street (Tract A). Therefore, no lots will
have direct access to a collector. This criterion is met.
(3 In no case shall the desi�n of the service drive or drives requ� ire or facilitate the backward movement or
o�er maneuvering of a velucle within a street, other than an alley. Single-family and duplex dwellings are
exempt from this requirement
No service drive is proposed or required. Therefore,this criterion does not apply.
Access Management
(1) An access report shall be submitted with all new development proposals which verifies design of driveway s
and streets are safe by meeting adequate stackin needs, sight distance and deceleration standards as set by
ODOT, Washington C:ounty,the City and AASH�O.
A prel'uninary sight distance certification was submitted by HBH Consulting Engineers,dated December 21,2006. The
cert�fication states that the osted speed for 121st Avenue �s 35 m�h requinng a m,n,mum sight distance of 350 feet.
The engineer states that ava lable sight distance to the north is 750 teet and is 350 feet to the south.
Prior to issuance of building pernuts,the applicant's engineer shall submit a final sight distance certification.
i2) Driveways shall not be permitted to be placed in the influence area of collector or arterial street
�ntersections. Influence area ot intersections is that area where queues of traffic commonly form on approach
to an intersection. The miniinum driveway setback from a collector or arterial street intersection shaIl be 150
feet,measured from the ri�ht-of-way line of the intetsecting 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 engmeer. In a case where a project has less than 150
feet of street frontage, the applicant must explore any opt�on for shared access witil the ad�acent parcel. If
shared access is not possible or practical,the driveway shall be placed as far from the inte�ect�on as possible.
The e�sting drivewa�s are within the influence area of the Collector intersection of SW 121st Avenue and SW A.nn
Place. The applicant s plans show the removal of both driveways and the construction of a private street at the south
property line. The pnvate street will provide access for the th.ree lots. Tlvs code section app lies to driveways and as
such does not apply to the proposed private street. Therefore, with the removal of both driveways, this cnterion �s
met.
(3) The minimum spacing of driveways and streets along a collector shall be 200 fee� The minimum spacing
of driveways and streets aIong an artenal shall be 600 feet
The applicant proposes to construct a private street to serve three homes. Tl�us private street will be within 200 feet of
several dnvewa and one street SW Ann Place. There is no locauon alon the site frontage where a private street can
be constructed�that will meet t�e s acing standard. Therefore, the apphg ant has applied for an adjustment to this
spacing standard in accordance with�8.37 0.
NOTTC� OF DEQSION MLI'2007-00007/ANDERSON PARTTTION PAGE 11 OF 24
The e�sting driveway at the north end of the site shall be removed and replaced with curb and sidewalk. The applicant
shall cause a statement to be placed on the final plat that provides a non-access reservation along the subject site's SW
121st Avenue frontage except at the approved pnvate street location.
Minimum Access Requirements for Residential Use
�1) Vehicular access and e ress for single-family, duplex or attached single-family dwellin units on
individual lots and multi-fam�y residential uses shall not be less than as provided in Table ]8J05.�and Table
18.705.2;
Table 18J05.1 states that the ininunum vehicular access and e ress for three single-farrvly dwelling units shall be one
20-foot access (a private street). All three lots will take access o�f Tract A, a private street,which has been conditioned
to meet the standard. Lots 2 and 3 will access the private street through a shared 16-f oot wide private driveway meeting
the standard. However,Lot 1 shall not have access to th�s pnvate driveway because it is not v�nde enough to serve more
than 2 lots. As a condition of approval the ap licant has been reqwred to record a �oint use, mauitenance and
reciprocal access easement for Tract B for t�e use o�Tract B byLots 2 and 3 only.
FINDING: Based on the findings above, the access, egress and circulauon standards have been or can be met
through conditions.
GONDITTON: The applicant shall cause a statement to be placed on the final plat to indicate that the proposed
private dnveway, Tract B, will be jointly owned and ma.uitained by the pnvate property owners of
Lots 2 and 3 for access and utilities for lots 2 and 3 only.
Density Com�utations (18J15�
Section 18.715.020 provides density calculation formulas. Number of dwelling units is deterniined by the
following:
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 descnption 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 pro�posed for pnvate streets;and
5. A lot of at reast the size required by the applicable base zoning district, if an existing dwelling is to
remain on the site.
The applicant provided the following calculation for net developable area:
Gross site area: 29,580 SF
I.�t with e�sting house 10,523 SF
ROW dedication,Tracts A,&Private Driveway. -3,035 SF
et eve opa e area: ,
B. Calculating maximum number of residential units. To calculate the ma}cimum 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 distric�
The maxunum additional number of residential units perniitted is 2,as shown below:
16,022 SF/7,500 SF =2.13 units =2 units
G Calculating minimuin number of residential units. As re quired by Section 18.510.040, the minimum
number ot residential units per net acre shall be calculated by multiplying the maximum number of
units determined in Subsect�on B above by 80% (0.8).
The inuiunum number of additional residential units is 1,as shown below:
2.13 units x 0.8 = 1 JO units = 1 units
NOTTC�OF DEQSION MLI'2007-00007/ANDERSON PAR7TTTON PAGE 12 OF 24
FINDING: The applicant proposes two additional units for a total of three units. This meets the density
requu-ement of no more than 3 total uruts and no less than 2 total uruts.
Exceptions to Development Standards (18.730�
Building heights and flag lots:
Limitat�ons on the placement of residential structures on flag lots apply when any of the following e�cist
a. A flag lot was created prior toAp nl 15, 1985;
b. A flag lot is created after Apri115, 1985 by an ap proved paitition; or
c. A fla� lot is created by the approval of a subdivision and the flag lot is located on the periphery of the
subdivision so that the lot adoins other residentially-zoned land.
L.ots 2 and 3 will be flag lots. Therefore,this partition is subject to flag lot limitations.
The maximum height for an attached or detached single-family, duplex .or multiple-family residential
stn.icture on a flag lot or a lot having sole access from an accessway, private c�nve or easement is 1-1/2 stories
or 25 feet, whichever is less, except that the ma�umum height may be 2-1/2 stories or 35 feet [in certain
zones],whichever is less,provided:
a. The prop osed dwelling otherwise complies with the applicable dimensional requirements of the
zoning dstrict;
b. A 10 feet side yard will be preserved;
c. A residential structure on any abutting lot either is located 50 feet or more from the nearest point of the
subject dwelling, or the residential structure exceeds 1-1/2 stories or 25 feet in height on any abutting
lot; and
d. Windows 15 feet or more above grade shall not face dwelling unit windows or patios on any abutting
lot unless the proposal includes an agreement to plant trees capable of mitigat�ng direct views, or that
such trees exist and will be preserved.
L.ots 2 and 3 are subject to flag lot standards. The applicant has not shown that Lots 2 and 3 comply with the required
flag lot setbacks and story lurut. The applicant has been requu-ed, as a condition of approval, to rev�se the site pIan to
show 10 feet side yard setbacks for the building envelopes on Lots 2 and 3. Compliance with the flag lot story and
height limit can be reviewed at the time of building pernuts.
FINDING: Flag lot standards can be met through conditions of approval required in this decision or through the
building permit review process.
Landscaping and Screening(18.745�
Street trees (18.745.040):
A. All development projects fronting on a public street, private street or a private driveway more than 100 feet
in length a.pproved after the ado tion of this tide shall be required to plant street trees in accordance with the
standards in Section 18.745.040�
The applicant has applied for a landscaping adjustment to use e�sting trees as street trees. However, the adjustment
has been denied for the reasons discussed ui the Variances and Adjustments section of this decision. The applicant is
required to plant street trees along SW 1215`Avenue and along Tract A,the private street.
B. Street Tree Planting Lis� Certain trees can severely damage utilities, streets and sidewalks or can cause
personal injury.Approval of any planting list shall be subject to review by the Director.
The applicant has not proposed any street trees: However, street trees shall be chosen f rom the City of Tigard's street
tree plantulg list. Because of the e�sting reta�rung wall and to avoid conflict with e�sting trees, the C�ity Arborist
recommends small stature trees, such as C:ornus kousa, Syringa reticulate, Magnolia stellata, Acer tataricum, and Cercis
sp.
NOTICE OF DEQSION MLI'2007-00007/ANDERSON PAR7T7TON PAGE 13 OF 24
G Size and Spacin of Street Trees. The specific spacing of street trees by size of tree shall be as stated in
Section 18.745.040.�2 of the code.
The.applicant has not provided a street tree plan, but shall provide a lan prior to building perniits. The size and
spacuig of the street trees shall be in accordance with Section 18.745.040.�2.
FINDING: Based on the findings above,Landscaping and Screening have not been met.
GONDITTON: Prior to buildin pe� rniits,the applicant shall provide a street tree plan. Street trees shall be chosen
from the Gty o�Tigard Street Tree Planting List and shall be planted in the dedicated ROW along
the existin sidewalk. The size and spacmg of street trees shall be in accordance wi t h
18J45.040.�2. The Caty Arborist recommends small stature trees, such as Cornus kousa, Syringa
reticulate,Magnolia stellata,Acer tataricucri,and Cercis sp.
Off-Street Parking and Loading Rec�uirements (18.765�
Section 18.765.02 .A states that at the time o the erection of a new sttucture within any zoning district,
offstreet vehicle parking will be provided in accordance with Section 18.765.070 (minimum and maximum
parking requirements).
For single-family dwellings, one parking space per dwelling unit is required. The applicant acknowledges this
reqturement. In addition,comphance will be regulated at the time of bwlding pernuts. There�ore,th�s cntenon�s met.
Section 18.765.030.B.1 states that off-street parking spaces for single-family and duplex dwellings and single-
family attached dwellings shall be located on the same lot with the dwelling(s).
The applicant indicates that the proposed partition will comply with parking requirements of at least 1 space per
dwe]ling unit. The applicant states that each space will be at least 8 '/z teet by 18 feet? which meets the standard. In
addition,compliance will be regulated at the tune of building pernzits. Therefore,this cntenon is met.
FINDING: Based on the findings above,parking and loading requirements have met.
Tree Removal�18.790�
Tree Plan Requirements (18.790.030):
A. A tree plan for the planting, removal and protection of trees prepared by a certified a�orist shall be
provided tor any lot, parcel or combination of lots or parcels for which a development app lication for a
subdivision,partrtaon, site development review,planned development or conditional use is filed Protection is
preferred over removal wherever possible.
A tree preservation and removal plan has been prepared by Danny Luttrell,Jr. (ISA# PN6347A).
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;
The Arborist Report identified the location,size and species of all e�sting trees,consistent with this standard.
2. Identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper.
Miti ation must follow the replacement guidelines of Section 18.790.O60D, in acco�iance with the following
stan�ards and shall be exclusive of tmes required by other development code provisions for landscaping,
streets and parking lots:
(a) Retention of less than 25% of e�sting trees over 12 inches in caliper requires a mitigation program in
accordance with Section 18.790.060D of no net loss of trees;
(b) Retention of from 25% to 50% of existing trees over 12 inches in caliper requires that two-thirds of the
trees to be removed be mitigated in accordance with Section 18.790.060D;
(c) Retention of from 50% to 75% of existing trees over 12 inches in caliper requires that 50 pe�ent of the
trees to be removed be miti�ated in accordance with Section 18.790.060D;
NOTIC� OF DEQSI�N MLP2007-00007/ANDERSON PARTTTION PAGE 14 OF 24
(d) Retention of 75% or greater of existing trees over l2 inches in caliper requires no mitigation.
The applicant is progosing to retain 9 of 13 (69%) of the viable trees.over 12 caliper inches on site. Therefore, they
must nuu ate for 50/o of the 90J viable caliper inches they are proposuig to remove. The current in lieu of mitigauon
�a ent �as been deterniined to be $125 per caliper in removed. The applicant shall mitigate for 45 caliper uiches
5 % of 90.7 caliper inches removed) by paymg the in-lieu of mitigation fee, by planting trees, or by a combinauon of
planting and paying the in-lieu fee.
Prior to site work, the applicant shall submit a cash assurance or other means acceptable to the City for the equivalent
value of tree mitigation requu-ed at $125.00 per caliper inch. If additional mitigation trees are preserved through the
partition imp rovements and construction of houses, and are properly protected through these stages by the same
mcasures 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 18J90.060.D will be credited against the assurance for two
years followuig final plat approval. After such time,the applicant shall paythe rema;ning value of the assurance as a fee
u1-heu of plantuig. Any planting by the applicant must be approved by the Cary Arbonst.
3. Identification of all trees which are proposed to be removed;
All of the trees proposed to be removed are identified in the applicant's survey.
4. A protection program defining standards and methods that will be used by the applicant to protect
trees during and after construction.
The applicant did not indicate the tYpe and location of tree protection fencing on their plans. The applicant shall revise
plans to show tree protection fencing to scale and include a s�gn�ature of approval from their pro�ect arbonst on the
plans regarding the tree protecuon zone recommendations. The applicant shall position fencuig per the pro�ect
arbonst s recommendations.
All trees to be preserved shall be protected with five or six.(5' - 6') foot high chain link fences. Fences are to be
mounted on two inch diameter galvanized iron posts, driven into the ground to a depth of at least 2-feet at no more
than 10-foot spacing. The applicant shall posiuon fencing as directed by the project arborist to protect the trees to be
retained. The applicant shall a11ow access by the Caty Arborist for the purpose of monitoring and inspection of the tree
protection to venfy that the tree protection measures are perf orn�ing adequately. Failure to follow the plan,or maintain
tree protection fencing in the designated locations shall be rounds for inunediate suspension of work on the site until
remedianon measures and/or croil citations can be processe�.
G Subsequent tree removal. Trees removed within the period of one 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
18.790.060D.
There is no evidence that trees have been removed within a year of this development application. All trees over 6
inches have been included in the inventory.
Subsequent Removal of a Tree (18.790.040):
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 prope�rty owner shall
record a deed restriction as a condition of a�proval 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 a�fiorist
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 tlus deed restriction shall be subject
to approval by the Director.
A condition of approval requiru�g the above shall ensure that this criterion is met.
FINDING: Tree protection has not fully been met. The applicant shall satisfythe conditions below:
NO7TC�OF DEQSION MLI'2007-00007/ANDERSON PARTITTON PAGE 15 OF 24
CONDITTONS:
. Prior to site work,the applicant shall submit a cash assurance or other means acceptable to
the City for the equivalent value of tree mitigation required at $125.00 per caliper inch. If
additional rrutigation trees are preserved through the partition unprovements and
construction ot houses, and are properly protected through these stage� s by the same
measures afforded to other protected trees on site, the amount of the cash assurance may
be corres ondin ly reduced. Any trees planted on the site or off site in accordance with
18.790.06�.D � be credited against the assurance for two years following final plat
approval. After such time,the applicant shall paythe rema;ning value of the assurance as a
fee in-lieu of planting. Any planting by the applicant must be approved by the Ciry
Arborist.
. Prior to site work, the ap licant shall revise plans to show tree protection fencing to scale
and include a signature o�approval from their project arborist on the plans regarding the
tree protection zone recommendations. The applicant shall position fencuig per the pro�ect
arborlst's recommendations. All trees to be preserved shall be protected with five or six (5'
: 6') foot high cha.in link fences.Fences are to be mounted on two inch diameter galvanized
u-on posts, dnven into the ground to a depth of at least 2-feet at no more than 10-foot
spacing.
. Prior to site work, the applicant shall install all proposed tree protection fencing as
approved by the Project Arbor�st. The fencing shall 6e uispected and approved by the City
Arborist pnor to beguuun�g any site work. The tree protect�on fencin shall remaui in place
through the duration of all of the building constniction phases,until�e final inspection has
been passed. The applicant shall allow access by the Caty Arborist for the purpose of
morutonng 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 unmed�ate suspension of work on the site
until remediation measures and/or civil citauons can be processed. After approval from the
City Arborist,the tree protection measures may be removed.
I the Builder is di erent from the developer or initial applicant:
rior to issuance o uilding permns,the applicant shall subrrut site plan drawings indicatin
the location of the trees that were preserved on the lot during site development,location o�
tree protection fencing, and a signature of approval from the Project Arborist regarding the
placement and construction techrugues to be emp loyed in bwlding the structures. All
proposed protection fencu��� shall be installed and inspected prior to beguinuzg
construction. The fencul�g shall remain m place through the duration of all of the building
construction phases, until the final inspection has been passed. After approval from the
City ArborLSt,the tree protection measures may be removed.
. The applicant shall have an on-going responsibility to ensure that the ProJ�ect Arborist has
subrrutted wntten reports to the Ciry Arbonst, at least once every two weeks, as the Project
Arborist monitors the construcuon activiues from initial tree protection zone (TPZ) fencing
installation through the building constnu:tion phases. The reports shall evaluate the
condition and locauon of the tree� protection fenculg, detemZine if anychanges occw-�-ed to
the TPZ, and if any part of the Tree Protection Plan has been violated. If the amount of
TPZ was reduced then the Project Arborist shall justify why the fencing was moved and
shall certify that t�ie construction activities did not adversely unp act the overall, long-term
health and stability of the tree(s). If the repo� rts are not subrrutted to the CiryArborist at the
scheduled intexvals, and if it appears the TPZ's or the Tree Protection Plan are not being
followed by the contractor or a sub-contractor,the C�ry can stop work on the project until
an inspection can be done by the City Arborist and the Project Arborist.
. Prior to receiving a building pernut, the applicant/owner shall record a deed restriction to
the effect that any existin tree greater than 12" diarneter may be removed only if the tree
dies or is hazardous accor�in to a cert�fied arborist. The deed restriction may be removed
or will be considered invali�if a tree preserved in accordance with this decision should
either die or be removed as a hazardous tree.
NOTTC� OF DEQSION MLI'2007-00007/ANDERSON PARTTTION PAGE 16 OF 24
. Prior to a final in�spection,the Pro'ect Arborist will submit a final certification indicating the
elements of the T�ree Protection�lan were followed and that all remaining trees on the site
are healthy,stable and viable in their modif ied growing environment.
Visual Clearance Areas 18.795
This Chapter requires at a clear vision area shall be maintained on the corners of all property ad'acent to
intersecting rig�ht-of-ways or the intersection of a public street and a private driveway. �ection 18.�90.040.B
states that at all intersect�ons of two non-arterial streets, a nonarterial street and a driveway, and a non-arterial
street or driveway and railroad where at least one of the streets or driveways is 24 feet or more in width a
visual clearance area shall be a triangle formed by the ri�ht-of-way or roperty lines along such lots anc� a
straight line joining the right-of-way or property line at points which are �0 feet distance from the intersection
of the right-of-way hne and measured along such lines. A clear vision area shall contain no vehicle, hed e,
planting, fence,wall structure, or temporary or permanent obstruction exceedin three (3) feet in height �e
code rovides that obstructions that may be located in this area shall be visua�y clear between three 3 and
eight(8) feet in heigh� Trees may be placed within this area provided that all branches below eight�8� feet
are removed.
FINDING: The site plan shows a clear vision triangle correctly drawn at the intersection of Tract A and SW
121s` Avenue. There is one tree (#5) in the clear v�sion area. Tree #5 is a 18.1-inch Honeylocust
proposed to be retained and in fair condition. The arborist notes that the tree has tip dieback and is
presently in decline. If the applicant chooses to retain this tree,the applicant shall pnuie the tree so
that no branches are below S feet in height.
GONDITION: Prior to a final inspection,the applicant shall prune Tree#5 (if retainin� in the visual clearance area
so that no branches are below g feet in height.
Impact Study_(18.390�
Section 18.360.090 states, "The Director shall make a finding with res�ect to each of the following criteria
when approving, approving with conditions or denying an application:'
Section 18.390.040 states that the applicant shall provide an impact study to quantify the effect of
development on public facilities and services. For each public facility system and type of impact, the
study shall propose improvements necessary to meet 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 propeity interests, the
applicant shall either specifically concur wrth a requirement for public right-of-way dedicat�on, or provide
evidence that supports that the real roperty dedicat�on is not roughly proportional to the projected unpacts
of the develo ment Section 18.390.�40 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 provided an impact studythat quantifies the effect of the proposed partition on the services below:
Sewer. The pro�posed partition will add two new homes. The new homes required to connect to sewer by separate
private lateraLs. The nearest sewer line is an 8-inch line in SW 1215`Avenue. The existulg home is alreadyconnected to
this line.
Water. The two new homes will be required to connect to the City water system. The existing home already receives
City water. The applicant proposes two new water meters for the new homes.
Storm Draina e: C1ean Water Services (CWS) exempts partitions from having to provide on-site detention. However,
nano rom roof areas and the private street will have to be collected and discharged to an approved public storm
system The applicant will pay a tee in-lieu of a water qualiry f acility.
Parks: The subject property is near several parks. Windmill Park is about 370 feet away. Jack Park is about 0.6 mile
away. Sluiunerlake I'ark and Woodard Park are both about a mile away. Englewood Park is just over a rrule away. The
proposed partition will impact the park system by adding two new households. As reqwred for all residential
development, the applicant will be assessed a parks system development charge at the time of building pernuts for the
additional homes.
NOTTC�.OF DEQSION MLI'2007-00007/ANDERSON PAR7T7TON PAGE 17 OF 24
Trans ortation: The two additional homes will generate a total of approximately 20 additional trips per day. To
mitigate or traffic impacts, the applicant will be dedicated nght-of-way of 10 feet from the prop erty]uie for a total of
1,200 square feet of nght-of-way. While SW 121" Avenue �s not unproved to its ultimate Iocanon, it �s currendy
improved with pavement, curb and a sidewall�. The Engineering Department �s allowing the applicant to sign an
agreement for future street improvements in-lieu of constructuig new street unprovements. Lastly,the apphcant will be
required to pay a Washington�;ounty Traffic Impact Fee ('I�TF) pnor to building each additional home.
Mit� ated Costs and Ro h Pro ortionali .
The applicant ' pay a F at t e time o building perniits. The TTF is a miti ation measure that is required for new
development. Based on recent Washington County fi es, TTF's are expecte�to recap ture 20% of the traffic im�pact
of new development on the Collector and Artenal treet system. The applicant wi11 be required to pay TTF s of
approximately$3,020 (Effective Ju�ly 1, 2004) per new dwelling unit. Therefore, the TTF for two addiuonal dwelluig
Luuts is $6,040 ($3,020 x 2 new dwelling uruts).
Based on the estimate that total TIF fees cover 20% of the im�act on major street improvements citywide, a fee that
would cover 100 percent of this project's traffic impact is $30,20 ($6,040 =0.20). The d�fference between the TIF pa.id
and the full impact is considered the unnutigated unpact on the street system. The urunitigated imp act of this pro�ect
on the transportation system is $24,160 ($30,200- $6,040). The miti ated cost for this partit�on will be the right-of-way
dedication o} 1,200 square feet,valued at$3,600 ($3 per.square feet�or tulunproved residential proper�t�. Based on the
analysis below, there �s $20,560 worth of unrnitigated unpacts left. Therefore, the value of rrutigated costs does not
exceed the estimated value of impacts,meeting rough proportionality test.
Ful1I�m�pact... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..$30 00
Less TIF Assessment... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..... ... .6 040
Less Miti ated Costs...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3 600
Estimate V ue o Urunitigate Impacts $20,560
PUBLIC FACILITY CONCERNS
Street And Utility Im,_provements Standards (Section 18.810):
apter 18.810 provi es construction stan a s or e imp lementation of public and private facilities and
utilifies 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-Wa and Street Widths: Section 18.810.030.E requires a Collector street to have a 70 foot
ri�ht-of-way width and �6-foot paved section. Other improvements required may include on-street parking,
si ewalks and bikeways,underground utilities, street lighting,storm dra�nage,and street trees.
T�vs site lies adjacent to SW 121st Avenue, which is classified as a Collector on the City of Tigard Transportation Plan
Map. At present, there �s approximately 25 feet of ROW from centerline, according to the most recent t� assessor's
map. The applicant should dedicate the additional ROW to provide 35 feet of ROW}rom centerline.
SW 121st Avenue is currently partially improved. These improvements are close to the re qu�ired secuon, but do not
exactly meet the standard. In orcier to �utigate the impact from this development, the applicant should enter into a
future street unprovement agreement.
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 elcistin and proposed future streets from the boundaries of the proposed land
division. This section also states �t where it is necessary to give access or permit a satisfactory future
division of ad'oining land, streets shall be extended to the boundary lines of the tract to be developed and a
barricade sha� 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 tlu�ough streets at such time as the
adjoining prope�ty is developed. A barricade shall be constructed at the end of the street by the property
owners wluch shall not be removed until authorized by the City Engineer, the cost of which shall be included
in the street construction cost Tem orary hammerhead turnouts or temporary cul-de-sac bulbs shall be
constructed for stub streets in excess o�150 teet in length.
NOTIC�OF DEQSION MLP2007-00007/ANDERSONPAR'ITTTON PAGE 18 OF 24
Due to e�cisting development there are no oppomuuties for future streets or e�ensions of streets.
Street Ali nment and Connections:
Section 1�.810.030.H.1 states that full street connections with spacing of no more than 530 feet between
connections is required except where prevented by barriers such as topography, railroads, freeways, pre-
e�usting developments, lease provisions, easements, covenants or other resttict�ons e�usting prior to May 1
1995 wIuch preclude street connections. A full street connection may also be exempted due to a regulatec�
water feature if regulations would not permit construction.
Section 18.810.030.H.2 states that all local neighborhood routes and collector streets which abut a
development site shall be extended witlun t�ie site to provide through cinculation when not precluded by
environmental or topographical constraints, e}risting development patterns or strict adherence to other
standards in this code. A street connection or extension is precluded when it is not possible to redesign, or
reconfi�ure the street pattern to�rovide required e�ensions. Land is considered topographically constrained
if the slope is greater than 15/o for a distance of 250 feet or more. In the case of environmental or
topograplucal constraints, the mere presence of a constraint is not sufficient to show that a street connection
is not possible. The applicant must show why the constraint precludes some reasonable street connection.
There are no oppomanities for new street connections due to e�sting development.
Private Streets: Section 18.810.030.T states that design standards for private streets shall be established by the
City Engineer. The City shall require legal assurances for the continued maintenance of private streets, such
as a recorded maintenance agreement Private streets servin�more than six dwelling units are pernutted only
within planned developments,mobile home parks,and mult�-family residential developments.
The applicant's plans indicate the three lots will be served by a private street. This private street will extend from 121st
Avenue the full le�n�th of Tract A. Beyond this point,the access to Lots 2 and 3 wi11 be via a driveway in Tract B. The
plat shall indicate T�ract B shall be owned and inauita.ined bylots 2 and 3 for access and utilities.
The applicant shall place a statement on the face of the final plat indicating the private street(s will be owned and
maintauied by the properties that will be served by it/them. In addition, the applicant sh� record Conditions,
Covenants and Restnctions (C�8�R's)-a_lo�n$ with the fu7al plat that will clarify how the pnvate property owners are to
inaintain the private street(s). These C:C:S�E�'s shall be reviewed and approved by the City pnor to approval of the final
plat.. The Cat�s public u' nprovement design standards require private streets to have a pavement sect�on equal to a
pubhc local street. The applicant will need to provide this type of pavement section.
Block Desi ns - Section 18.810.040.A states that the length, width and shape of blocks shall be designed with
due rega�to providing adequate building sites for the use contemplated, consideration of needs for
convement access, cixrulation, 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 excep�
• Where street location is precluded by natural topography, wedands or other bodies of water or, pre-
e�usting development or,
• For blocks adjacent to arterial streets,limited access highways,major collectors or railroads.
• For non-residential blocks in which internal public ci�ulation provides equivalent access.
The proposed site is part of an e�sting block that has a perimeter of roughly 2,665 feet. While this does not meet the
current standard, pre-ex�sting development prevents new blocks from being formed. In addition, the proposed site is
not necessarily ui a location si.utable for a new street connection at this time.
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 minimumlot size of the applicable zoning district
None of the lots will be more thanl.5 times the minimum lot size (1.5 '` 7,500 square feet = 11,250 square feet).
Therefore,this criterion does not apply.
NOTIC� OF DEQSION MLI'2007-00007/ANDERSON PARTITTON PAGE 19 OF 24
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 ap lies, wluch requires a pa�el to
either have a minimum 15-foot frontage or a mimmum 15-foot wide reco�ed access easemen� In cases
where the lot is for an attached single-family dwelling unit,the frontage shall be at least 15 feet
Lot 1, a corner lot will have 120 feet of frontage on SW 121" Street and 33 feet of frontage on Tract A, a private
street, for a total o� 153 feet of frontage. Lots 2 and 3 each have frontage of 15 feet along an access easement on Lot
1. Therefore,the standard is met.
Sidewalks: Section 18.810.070.A requires that sidewalks be constructed to meet City design standards and be
located on both sides of arterial, collector and local residential streets. Private streets and industrial streets
shall have sidewalks on at least one side.
There is an existing sidewalk along the frontage of SW 121st Avenue. The existing driveway at the north end of the
site will be removed and a new curb and sidewalk must be constructed at that location.
A 5 foot wide sidewalk is required for the full length of the private street in Tract A. The applicant's plans show the
full 5 foot width for the full length of the private street.
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 m accordance with the provisions set foith in
Design and Construction Standards}or 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 Plari.
There is an existing 8 inch sanitary sewer line in SW 121st Avenue,west of centerline. The applicant's plans show two
new sewer laterals to be installed to serve lots 2 and 3.
Storm Drainage:
General Provisions: Section 18.810.100.A requires developers to make adequate provisions for sto�n water and
flood water iunoff.
Accommodation of Upstream Drainage: Section 18.810.100.0 states that a culvect or other drainage facility
shall be lar�e enou h to accommodate potential runoff from its entire upstream drainage area,whether inside
or outside the deve�opment The City Engineer shall approve the necessary size of the facility based on the
pro� visions of Design and Construction Standards for Satutary and Surface Water Management�as adopted by
Z;lean Water Services in 2000 and including any future revisions or amendments).
There are no upstream drainage ways that impact this development.
Effect on Downstream Drainage: Section 18.810.100.D states that where it is anticipated by the City Engineer
that the additional ninoff result�'n� from the development will ovedoad an existing dramage facility, the
Director and Engineer shall withhold approval of the development until provisions have been made for
improveinent 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 Servrces in 2000 and including any future revisions or
amendments).
In 1997, C�ean 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 �overnments institute a
stormwater detention/effective im�pervious area reduction program resulting in no net increase ui storm peak flows up
to the 25-year event. The City will require that all new developments resulting in an uicrease of impervious surfaces
provide onsite detention facilities, unless the development �s located adjacent to Fanno Creek For those
developments adjacent to Fanno Creek,the storm water runoff will be perniitted to d�scharge without detention.
NOTIC�OF DEQSION MLP2007-00007/ANDERSON PARTTTION PAGE 20 OF 24
It would be impractical to require an on-site water quantityfacilityto accommodate detention of the storm water from
Lots 2 and 3. ZZather, the City standards provide that ap phcants should pay a fee in-lieu of constructing a facility if
deemed appropriate. Staff recommends payment of the tee in-lieu on this application.
The applicant's plans show the private storm lateral for Lot 2 connecting�to the existing catch basin in SW 121st
Avenue and then n�nn,ng parallel to the street within the public ROW, which is not allowed. The applicant's plans
shall be revised to move the private lateral out of the new public ROW and onto private property within an easement.
Bikeways and Pedestrian Pathways:
Bikeway Extension: Section 18.810.110.A states that developments ad'oinin proposed bikeways identified on
the Cit�s adopted pedestrian/bikeway plan shall include provisions �or the�ture extension of such bikeways
through the dedicat�on of easements or nght-of-way.
SW 121st Avenue is a designated bicy�le faciliry.
Cost of Constiuction: Section 18.810.110.B states that development permits issued for �lanned unit
developments, conditional use permits, subdivisions, and other developments which will principally benefit
from such bikeways shall be conditioned to include the cost or construction of bikeway improvements.
The applicant shall provide the bicycle striping and markings if there is striping in front of the property adjacent to this
one on either side. If there is no stnpuzg on both sides then the apphcant shall pay the fee-m-lieu of stripuig as
determined below.
The amount of the striping would be as follows:
120 feet of 8-inch white stripe, at$2.50/lf $300.00
2 Monadirectional reflective markers @ $4.00/ea $ 12.00
1 Bike lane legends @ $175/ea $175.00
1 Directional mini-arrows Ca� $100/ea $100.00
$587.00
Minimum Width: Section 18.810.110.0 states that the miniinum width for bikeways within the roadway is five
feet per bicycle travel lane. Minimum width for two-way bikeways separated from the road is eight fee�
The ininiinum width for a bike lane along a Collector street is six feet.
Utilities:
Section 18.810.120 states that all utility lines, but not limited to those required for electric, communication,
lighting and cable television sernces and related facilities shall be placed undet�ro� und, except for surface
mounted transformers, surface mounted connection boxes and meter cabinets wIuch may be placed above
ground, temporary utility service facilities during construction, high capacity electric lines operahng at 50,000
volts or above,and:
. The developer shall make all necessary arrangements with the serving utility to provide the
under�round setvices;
. The C"ity reserves the right to approve location of all surface mounted facilities;
. All underground utilit�es, incIuding sanitary sewers and storm drains installed in streets by the
developer, shall be constiucted prior to the surfacing of the streets; and
. Stubs for service connections shall be long enough to avoid disturbing the street improvements when
service connections are made.
Exception to Under-Grounding Requirement Section 18.810.120.0 states that a developer shall pay a fee in-
lieu of under-grounding costs when the development is proposed to take place on a street where existing
utilities which are not underground will serve the development and the approval authority determines that the
cost and technical difficulty of under-groundin� the ut�lities outweighs the benefit of under-grounding in
conjunction with the development The detennination shall be on a case-by-case basis. The most common,
but not the only such situat�on is a short frontage development for which under-grounding would result in
the placement o�additional poles, ratherthan the removal of above-ground utilities }acilities. 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.
NOTTC�', OF DEQSION MLI'2007-00007/ANDERSON PARTTTTON PAGE 21 OF 24
There are no overhead power lines in the public right-of-way. All services to the three lots shall be placed
underground.
ADDITIONAL CITY AND/OR AGENCY CONCERNS WITH STREET AND UTILITY
IMPROVEMENT STANDARDS:
Public Water System:
The City of Tigard provides service in this area. There is an existing public water line in SW 121st Avenue. The
ap plicant indicates two new 3/a inch meters will be installed. The plans also show the water lines from the meters in
the public ROW, which is not allowed. The applicant's plans shaIl be revised to show the meters located at the new
ROW line and the private water lines shall be placed on private property in an easement.
Storn�Water Chialit�
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 construct�on of on-site water quality facilit�es. The facilities shall be designed to remove 65
percent of the phosphorus contained in 100 percent of the storm water runoff�enerated trom 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 G�S standards include a provision that would exclude small projects such as residential land partitions. It would
be impractical to rec�u�i�r��e an on-site water quality facility to accommodate treatment of the storm water from Lots 2
and 3. Rather, the C,� standards provide that applicants should pay a fee in-lieu of constructing a facility if deemed
appropriate. Staff recommends payment of the fee u1-lieu on this apphcauon.
Grading and Erosion Control:
CWS Desi n and Construction Standa�is also regulate erosion control to reduce the amount of sediment and
other po�utants reaching the public storm and surface water system resulting from development,
construct�on, 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 applicant shall submit an erosion control plan with the PFI Pernut application.
Address Assi nments•
The City o igar is responsible for assigning addresses for parcels within the Ciry of Tigard and within the Urban
Service Boundary(LJSB). An addressing fee in the amount of$50.00 per address shall be assessed. This fee shall be
paid to the City pnor to fuial plat approval.
The developer will aLso be required to provide signage at the entrance of each shared flag lot driveway or private street
that lists the addresses that are served 6y the given driveway or street. This will assist emergency services personnel to
more easilyfind a particular home.
Survey Rea uiretnents:
The applicant's in p at shall contain State Plane Coordinates AD 83�(9� 1)] on two monuments with a ae to the
Cit�s global positionin g s y stem (GPS) geodetic control network�GC 22). These monuments shall be on the same line
and shall be of the same prec�sion as requu-ed for the subdivision plat boundary. Along with the coordinates, the plat
shall contain the scale factor to convert ground measurements to gnd measurements and the angle from north to gnd
north. These coordinates can be established by.
. GPS tie networked to the Cit�s GPS survey.
. By random traverse using conventional surveyuig methods.
In addition, the applicant's as-built drawin�s shall be tied to the GPS network The applicant's en�uieer shall provide
the Citywith an electroruc f�le with pouits or each struct«re (inanholes, catch basins, water valves, ydrants and other
water system features) in the development, and their respective X and Y State Plane Coordinates, reterenced to NAD
83 (91).
NOTIC� OF DEQSION MLI'2007-00007/ANDERSON PAR7TTTON PAGE 22 OF 24
SECTION VI. OTHER STAFF COMMENTS
The Ci of Ti ard En ineering Department.has reviewed the proposal. Full comments are included in the land
use file�II,P20�7-0000�. Findin�gs and conditions of approval are mcluded in the Access, Egress and Circulation
(18J05� secuon and Streets and UtilityImprovements (18.810) section of this decision.
The City Arborist has reviewed the proposal. Findin s and conditions of approval are included in the Landscapin�g
and Screeiun�g (18J45) section, Tree Removal (18J90� section, and Visual Qearance Area (18J95) section of this
decision. Full Gomments are in the land use file.
City of Tigard Building Department has reviewed the proposal and has no objections.
SECTION VII. AGENCY/OTHER SERVICE PROVIDER COMMENTS
C1ean Water Services (CWS) has reviewed the proposal and provided eneral comments and comments related to
sanitary sewer, storm drainage and water quality and erosion control. F�comments are included in the land use file.
The Catyof Tigard Engineenng Department has included CWS comments in its conditions of approval.
Tualatin Valley Fire and Rescue has reviewed the proposal and has no additional comments or concerns regarding
the application.
SE C I'ION VIII. PROCE DURE AND APPEAL INFORMATION
Notice: Notice was mailed to:
X The applicant and owners
X Owner of record within the required distance
X Affected government agencies
Final Decision:
THIS DECISION IS FINAL ON JUNE 24,2008 AND BECOMES
EFFECTIVE ON ULY 10,2008 UNLESS AN APPEAL IS FILED.
�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 18390.040.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
ap eal together with the re�quired fee shall be filed with the Director witlun ten (10) business days of the date the Notice
o}�ecision was mailed. The appeal fee schedule and forn�s are available from the Plaruung Div�sion of Tigard City
Hall, 13125 SW Hall Boulevard,"I'igard,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 ident�fied in the wntten comments subrrutted by the parties during the comment period. Additional
evidence concerning issues properly raised in the Notice of Appeal may be subrrutted by any party during the appeal
hearing,subject to any additional rules of procedure that may be adopted f rom tune to tune by the appellate body.
THE DEADLINE FOR FILING AN APPEAL IS 5:00 PM ON ULY 9,2008.
NOTIC�OF DEQSION MLI'2007-00007/ANDERSONPAR7TTION PAGE 23 OF 24
Ouesrions:
If you have any quesrions, please call the Cin- of Tigard Current Planning Di�-ision, "1'igard City Hall, 13125 SW Hall
Boulevard,Tigard, Oregon at (503) 639-4171.
iune 24,2008
r, E Y: ng Dr1TE
, � tant Planner
�OTICE OF DECISION \fI.P2007-0000?/.1NDERSO;�P.�R'I'I'1'IO�; P:1GE 24 OF 24
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ENGINEER.
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ANDERSON PARTITION
12330 SW 121st AVE,Tgard,OR 97223
.
� EXHIB{T
' Edward L. &MaryAnne Anderson MLP2007-00007/VAR2007-00009/VAR2007-00010
12330 SW 1215`Avenue ANDERSON PARTITION
Tigard, OR 97223
Edward L. &Mary Anne Anderson
PO Box 23593
Tigard, OR 97281
"� ,����� ���..� �� ��
. - px�nPP�.n BY F4� KSM m13
�� CITY OF TIGARD PLANNING DIVISIC��� �
. LAND USE PERMIT APPLICATION ��/�
City of Tigurd Per�t Cerrter 1312 S S W Hall Blu,�, Tigarc� OR 97223 ',-'.�:�
F�
Phone• 503.639.4171 Fax:503.598.1960 p C�T r 4 ����
IqNN��pFTr
File#{ (,((.��-BU'�— (1vL�C,_� Other Case# i.� �f.��1 °LXiG�j� '�+��o�f?r`7- r 7`'�C�lQ �'i/N
Date l��" �' � By �" T�'�� Receipt#� ���-�� 1 � Fee 3�� �T� Date Complete
TYPE OF PERMIT YOU ARE APPLYING FOR
�Adjustment/Variance (I or II) �Minor Land Partition(II) ❑ Zone Change (III)
❑ Comprehensive Plan Amendment(I� ❑Planned Development(III� ❑ Zone Change Annexation(I�
❑ Conditional Use (III� ❑ Sensitive Lands Review(I,II or III� ❑ Zone Ordinance Amendment(IV�
❑ �Tistoric Overlay(II or III� ❑ Site Development Review(II�
❑Home Occupation(II� ❑ Subdivision(II or III�
L ON WHERE R E A VI WILL ces� av e
12?�3� S. U� . � 12� �rt" ��,e,��Ti�u.�''cl,
�5.'�..���� C��C�O — Se�- a.. I �:�e�.c�pf�� �in 5�.�{�m;f�u�1 s�
�l"2 J I CD 1 S:-t'. ���i'� S L.c,r'V P.,t,� raN �=—F�T� G�
� r �
APPLICANI'"
�lc�-i, .�u-��_. � J�d v�;'c�..�d �� � vtc��.rs�r�
MAILIN RES Q S A IP
��c ��ox ���3J �� �� a� 9��g�
PH NE . ���o�) 9�y' 'l LJ CJ� FAXN .
PRIMARY N A PERS N H NE NO.
�'(�.tic .�2e— �P t S c�7'1 ��0��g��- ��8�
PROPER OWNE DEED O ERAttac 'c' morec one
l��.t��l,t. �. �- �:�i.l.=�t.-�G�, �, ���t S6
LING A I
�-�, ���x 2-�5� � ; cz�lG� � 12 9��8"
PH �� ��" ���� FAXN .
'When the owner and the applicant are different people, the applicant must be the purchaser of record or a lessee in possession with written
authorization from the owner or an agent of the owner. The owners must sign this application in the space provided on the back of this form ,
or submit a written authorization with this a lication.
PROPOS.SL SUMMARY P ease e spec'�c
' � �
� i
APPLICATIONS WILL NOT BE ACCEPTED WITHOUT ALL OF THE REQUIRED SUBMITTAL ELEMENTS AS
DESCRIBED IN THE "BASIC SUBMITTAL REQLJIREMENTS" INFORNLATION SHEET.
i:\curpin\masters\land use applications\land use pernut app.doc
�
THE APPLICANT SHALL CERTIFY THAT:
♦ If the application is granted,the applicant shall exercise the rights granted in accordance with the terms and -
subject to all the conditions and limitations of the approval.
♦ All the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are
true; and the applicants so acknowledge that any permit issued,based on this application,map be revoked if it is
found that anysuch statements are false.
♦ The applicant has read the entire contents of the application, including the policies and criteria, and understands
the requirements for approving or denying the application(s).
SIGNATURES OF EACH OWNER OF THE SUBJECT PROPERTY ARE REQUIRED.
� 0�
Owne�'s ature Da
r� _, C�, 3 �� / Zoo�
Owne�'s Signature Date
Owne�'s Signature Date
Owne�'s Signature Date
Owne�'s Signature Date
Applicant/Agent/Representative's Signature Date
A,pplicant/Agent/Representative's Signature Date
. ���� ��� ���������
ADJUSTMENT
- - '' TYPE I APPLICATION ������'l
- VED
City of Ti�x Phor,� 50 639.4 71 S Fax:SO�1598.1960 OR 9722.�Jq R 1 4 ?�O�
` c�rv
P�NN�NG�NG�qRD
GENERAL INFORMATION � EEq�NG
PropertyAddress/Location(s): 1��v �� w � ���
FOR STAFF USE ONLY
Tax Map&Tax Lot#(s): D
Case No.: v R Q-�v�'�7lll U 9
Site Size: 2 I/„� S Other Case No(s).: µ�-lP o�tX� UOiU�
���
Applicant'�: Receipt No.: ��'��� << ( 3
Address: � � Application Accepted By: S- I��
City/State: Zip: ��'Zg� Date: -3�l�l I U7
Primary Conta . Date Deternuned To Be Complete:
Phone: ��� , p O Fax:
D
Properiy Owner/ ed Holde�{s)��Acrach tist if more than one) �mp Plan/Zone Designation:
t �� c- J� 1.�-.S
Address: 2,�� Phone: � g . rj
Caty/State: i C1 C�.l D�, �� Zip: � ��.��s�ob
c\cucpin\mucersVand use applicauons\adjustment-Type 1 App.doc
�'When the owner and the applicant are different people,the applicant must be
the purchaser of record or a lessee in possession with written authorization
from the owner or an agent of the owner. The owner(s) must sign this
application in the space provided on the back of this form or submit a written �Q��D SUBMITTAL ELEMENTS
authorization with this application.
PROPOSAL SUMMARY ✓ Application Elemenu Submitted:
The owners of record of the subject propeny request permission for an ❑ Application Form
Administrative Adjustment to the following provision(s) of the Commtuuty � p�er's Signature/Written Authorization
Development Code(please ci�le one only):
❑ Title Transfer Instnunent or Deed
➢Development Adjustment-Front Yud,Interior Setbacks and Lot Covenge ,
➢5.�ecial Adjus[menu: � Site/Plot Plan(2 copies)
♦ Adjustmenu to a Subdivuion � Site/Plot Plan(reduced 8'�s'�x 11���
♦ Reducuon of Minimum Residential Densiry
♦ Landscaping Adjuccmenu-Existing/New Street Trees ❑ Applicant's Statement
♦ Parking Adjusvnenu-Reducrion in Sracking Lane Lengrh (Addressing Cri�eria Under Secuon 18370.020�
♦ Parking Adjuttmenu-Reduction in Minimum Parking for Tnnsit Improvemenu/Existing Dev.
♦ Secback Adjustmencs-Secbacks[o Reduce Tree Removal ❑ Filing Fee
♦ Wireless Communicauon FaciliryAdjustmencs-Dutance From Another Tower
♦ Wazhington Square Reg.Centv Density Adjuctmenu
Please state the reason for the Adjustment request:
�' � ' . '7'D�, 030 ,3
8� ��Za ��o,�.'�c�->
,
i C •
I hereby acknowledge that I have read this application, that the information given is correct, that I am
the owner or authorized agent of the owner, and that plans submitted are in compliance with the City •
of Tigard.
1 �-�-
DATED th�s day of .��I/��t� ,20��
���
Signature f er/Agent
�� �� U � �
Contact Pe on Name Phone No.
�
. �
��
- LAND USE PROPOSAL DESCRIPTI�N
. . .
120 DAYS = 2/9/2008
FILE NUMBERS: MINOR LAND PARTITION (MLP) 2007-00007
ADJUSTMENT (VAR) 2007-00009
ADJUSTMENT (VAR) 2007-00010
FILE TITLE: ANDERSON PARTITION
APPLICANTS/
OWNERS: �Zar� �1nne and Edward I�nderson
PO Box 23593
Tigard, OR 97281
REQUEST: The applicant is requesting appro�ral to partition one 42,167 square foot lot into three lots of
10,523 square feet, 7,557 square feet and 21,047 square feet for single-famil}- homes. The existing
single-famil�� home will remain on Lot 1. The applicant requests appro��al of an adjustment to the
access-spacing standard (`'r1R2007-00009) because the proposed private street does not meet the
200 foot spacing standard for driveways and streets on a collector. The applicant also requests
appro�Tal of a landscaping adjustment (Vr1R2007-00010) to use existing trees as street trees.
LOCATION: 12330 SW 121"Avenue;Washington Counry 1'ax Map 2S103BA,Tax Lot 900.
ZONE: R-4.5: I,ow Densin� Residential. The R-4.5 zoning district is designed to acc�mm�dare detached
single-famil�• homes with or without accessory residenual units at a ininimum lot size of 7,500 square
feet. Duple�es and attached single-family units are pernutted condirionallv. Some civic and
insriturional uses are also permitted condirionall��.
APPLICABLE
REVIEW
CRITERIA: Communiri� Deeelopment Code Chapters: 18.370, 18.390, 18.420, 18.510, 18.705, 18.715, 18.725,
18.745, 18.765, 18J90, 18.795 and 18.810.
DECISION MAKING BODY BELOW: ❑ TYPE I � TYPE II ❑ TYPE III ❑ TYPE IV
COMMENTS WERE SENT: OCTOBER 26, 2007 COMMENTS ARE DUE: NOVEMBER 9, 2007
❑ HEr1RINGS OFFIC�?R (MON.) ll�11'I-: OF H��.:IRING: "I'Ii�iF: 7:00 PM
❑ PLANNING COMI�IISSION (MON.) Dr'1TE OF HI:�IRING: TIME: 7:00 PM
❑ CITY COUNCIL (TUES.) Dl,'I'E OF HF:,�RING: TIME: 7:30 PM
� STAFF DECI5ION (TENTATIVE) DATE OF I�FCISION: NOVEMBER 27�2007
COMPONENTS RELATED TO THE PROJECT AVAILABLE FOR VIEWING IN THE PLANNING DIVISION
� VICINITY M�P � DRAIN��GE PI.AN ❑ SITE r�SSESSMEN'T REPORT
� SITE PI..�N � STORl'�T WA"I'ER 11NI�LYSIS ❑ TRr�FFIC STUDY
� N�RRI�TI�'F � I�RBORISZ' REPORT � OTHER: MISCELLANI-:OUS
STAFF CONTACT: Emily Eng,Assistant Planner (503� 718-2712
.a
lj
CZty Of Tigard, Oregon • 13125 SW Hall Blvd. • Tigard, c�R 97223
��
.
April 13, 2007
' � /
Mary Anne Anderson
PO Box 23593
Tigard, OR 97281 �
RE: Completeness Review-Anderson Partition
Case File No. MLP2007-00007
Dear Mary Anne:
The City has received your application for Minor Land Partirion (MI.P2007-00007). Staff
has detetmined your application to be incomplete. The following is necessary so that your
application can be deemed complete:
• Items on the Public Facility Plan checklist (see enclosure);
• Certified arborist license number;
� Tree protecrion and mitigation plan;and
• Narrative for :
a. 18.370.020.C.5 (Adjustment to Access Spacing Standard);
b. 18.370.020.C.6 (Adjusttnent to Use Existing Tree/s as Street Tree/s);
c. 18.420 (Land Partitions).
Upon completeness, staff will begin the review process,which will take 5 to 6 weeks. Please
be aware that staff has not reviewed the application for compliance with the code, and may
request additional items during the review period.
If you have any questions,please contact me at (503) 718-2712. Thank you.
Sincerely,
6
Emily
Assistant Planner
Enclosu`re: Public Faciliry Plan Checklist
Phone: 503.639.4171 . Fax: 503.684.7297 • www.tigard-or.gov . TTY Relay: 503.684.2772
. �
P�JBLlC FACILITY PLAN Project: . ,ierson MLP
COMPLETENESS CHECKLlST Dafe: 3/2/07
GRADING
❑ Existin and ro osed contours shown. Show existin to o - can use aerials
❑ Are there radin im acts on ad�acent arcels?
❑ Ad�acent arcel rades shown.
❑ Geotech stud submitted?
STREETISSUES
❑ Ri ht-of-wa clearl shown. Labe/ROW not Iot lines
� Centerline of street s clearl shown.
� Street name s shown.
❑ Existing/proposed curb or edge of pavement shown. Show these. Half street improvements may
be required based on rough proporfionality
or a fee-in-lieu required. The future sfreet
improvement agreements are no /onger
being accepted on most projects when fhe
rough proportionality analysis indicates the
improvements can be done with the
develo ment.
❑ Street rofiles shown.
❑ Future Street Plan: Must show street profiles, topo
on ad'acent arcel s , etc.
� Traffic Im act and/or Access Re ort
❑ Street rades com liant?
� Street/ROW widths dimensioned and a ro riate?
❑ Private Streets? Less than 6 lots and width Private sfreef 8 sidewalk should exfend to
appropriate? exisfing house and then taper. Consider
moving sidewalk to other side of privafe
street.
❑ Other: Driveways Only 10 feet has to be paved(92 feet if
required by fire department) for driveway
behind exisfing house to two new homes.
Show existin norfh drivewa to be removed.
SANITARY SEWER ISSUES
❑ Existing/proposed lines shown. Provide p/ans at a readable scale or provide
a detail. Show existing public sewer in 1215t
Avenue on our lans.
❑ Stubs to ad�acent arcels re uired/shown?
WATER ISSUES
❑ Existing/proposed lines w/ sizes noted? Show public main in 1215'Avenue on your
plans. Can't clearly see water lines on small
lans.
� Existin / ro osed fire h drants shown?
❑ Proposed meter location and size shown? Show existing and proposed meters with
sizes noted.
❑ Proposed fire protection system shown? Provide a/etfer from NFR for access and
turnaround if not rovidin s rinklers for
REVISED: 03/28/07
��� new homes.
STORM DRAINAGE AND WATER QUALITY ISSUES
❑ Existing/proposed lines shown? Show public system in 1215!Avenue on your
lans.
❑ Preliminary sizing calcs for water quality/detention
rovided?
❑ Water ualit /detention facilit shown on lans?
❑ Area for facilit match re uirements from calcs?
❑ Facilit shown outside an wetland buffer?
❑ Storm stubs to ad�acent arcels re uired/shown?
The submittal is hereby d emed ❑ COMPLETE � INCOMPLETE
By: Date: 3/28/07
REVISED: 03/28/07
� � � �2.cx�� -- c����
��� ��� ���L���■ ��� D teect:� .�isw� ��� h�,-
C+O�P��TE�IESS R�V1EVl1 ❑ COMPLETE ❑ INCOMPLETE
ST DARD INFORMATION:
Deed/Title/Proof Of Ownership [��ef#ee�Affidavits, Minutes, List Of Attendees - Impact Study..j,18..��Q�_. _ ,_
USA Service Provider Letter � #Sets Of Application Materia(�tP+eas�
` --- ��
Pre-Application Conference Note� Envelop_es Wth Postage(Verify Coun
------- --
_ _--- ------_�
PROJECT STATISTICS:
... � Building Footprint�ii a _ Site n Site
� Lot Square Footage
PLANS DIMENSIONED:
� Building Foo�nnt� �---�aFki�-S¢dCE(ZLtI1.6ASiORS(Indude Accessible&Bike Parking�❑aA-Tr�ck-Leadirac}-�ase-�Ap�lis�ble
❑.�B�iI�i�Tei�f� Access Approach And Aisle � Visual Clearance Triangle Shown
DDITIONAL PLANS: f
Vicinity Map - �'ian ❑ Tree Inventory � (.D'1��� �e-c+ �
E�asting Conditions Plan n ' -��---��=n arba-G,'sfi ,
� Site Plan �--��^u���an
E PLAN 1 MITIGATION PLAN: -=; h � /�
-- � Wl �Y� ` � l� f G�t• U�`�
_ ° .` .� ❑
ADDITIONAL REPORTS: (list any special reports)
❑ ❑
❑ ❑
❑ ❑
RESPONSE TO APPLICABLE CODE SECTIONS:
❑ 18.330�c«,droo�,ai u�e� ❑ 18.620(Tgard Triang�e Design Standards) ,J� 18.765(OffSUeet Parkinc,rLoading Requremen�)
❑ 18.340(Directors Interpreta6onJ ❑ 18.630(wasr,rc,9t«,sq�,a�e Reqpr,ai Cer,ter) ❑ 18.775(Sensrtive lands Review)
❑ 18.350(Planned Devebpment) 18.705(AccessrEgress/Cirwlation) ❑ 18.780(Sgns)
❑ 18.360�Srt veb ment Review) ���s�c� � 18.71 O(Accessory Residen6al Uni�) ❑ 1 S.7HS(Temporary Use PertniS)
` 18.370(vanancesrAd ustrnen 7 ,�,r�mp � 18.715(Densiry Computationsl � 18.790(Tree Removaq
18.�HO(Zoning MaplText Amendments) ��"^�¢� � 1 B.720(Desgn Compaobiiiry Standards) � 18.795(V�sual Ciearance Areas)
18.385(Miscellaneous Permi�) ❑ 18.725(Environmen��Perfom,ance Srandards) ❑ 18.797
(Water Resour�es(WR)Overfay Dstrict)
18.390(Dedsion Making Procedures/impad Study) ❑ 18.730(Excepbons To Devebpment Standarc's) ❑ 18.798(Wireless CommunicaUon FaaliGes)
1 �� t Line Adjustrnenl5) ❑ 18.740 Mistoric OverlaY) -�� . 10 tStreet d Utility Improvement
18.420 land Parations ____--.----___..----.--------.�_ �? ,
( ❑ 18.742{Home Occupation Permi�)
18.745(Landscaping 8 screening standards}
tn�' 18.750(Manu(ach,redtMobil Home RegulaDOns)
� ! 18.520(Commerzial Zoning Dis�) �
❑ 18.530 pndustrial Zoning D�stric;s) ❑ 18.760(Nonconforming Situa6ons)
ADDITIONAL ITEMS:
� FU.�1�. S��Z� p�.!
." �
I�_T_\curpin\masters\revised\land use application compieteness review.dot REVISED: 17-Jar,-oi
� �.s-u-Clz��t- �,s-f- i
. r.
September 9, 2007
Assistant Planner Emily Eng
City of Tigard
13125 SW Hall Blvd.
Tigard, OR 97223
Re: MLP 2007-00007
Anderson Minor Land Partition; Responses to Completeness Review
Dear Ms. Eng and other City Staff:
Enclosed are all the materials the City requested in its Completeness Review Letter(dated
4/13/2007) and the enclosed Public Facility Plan Completeness Checklist, dated 3/28/07.
All items regarding this partition are summarized in this letter and included in detail in
the Amended Narrative dated 8/31/2007 (and Submittals thereto). I am resubmitting,all
necessarv materials and ask that this letter(3 pa es) the Amended Narrative (8/31/2007) �23
pa��sl and Submittals (�p�ges��r_e_ lace my earlier submissions from March 2Q07
For ease of reference, here is a summary of the responses:
Items in letter from Emilv Eng1dated 4/13/2007Z
l. Items on the Public Facility Plan Completeness Checklist: RESPONSE: See below.
2. Certified azborist license number: RESPONSE: ISA# PN6347A
3. Tree Protection and Mitigation Plan:
RESPONSE: The applicant and the arborist have made amendments to the tree
plan since the original submittals. The following are intended to replace any prior
submissions concerning trees, and are included in the Amended Narrative dated
8/31/2007 and submittals thereto:
Amended Tree Assessment, Removal,and Mitigation Plan(2 pages, 8/3i/2oo�);
Tree Protection Plan(3 pages,dated 8/3i/2oo�); and
and Amended Tree Removal Map (i page, dated 8/3i/2oo�).
�
Page 2
Anderson; Case File No. MLP 2007-00007
4. Narrative for:
a. 18.370.020.C.5 (Adjustment to Access Spacing Standards)
RESPONSE: See Amended Narrative(8/31/2007), Section II. M. 1.
b. 18.370.020.C.6 (Adjustment to Use Existing Trees as Street Trees); and
RESPONSE: See Amended Narrative(8/31/2007), Section II. M. 2.
c. 18.420 (Land Partitions).
RESPONSE: See Amended Narrative(8/31/2007), Section II. A. 2.
RESPONSE: All of these have been addressed in applicant's Amended Narrative,
dated 8/31/2007. The Amended Narrative (8/31/2007)and the Submittals thereto
are intended to supercede and replace the earlier narrative and submissions thereto
submitted in March 2007.
Items on the Public Facilitv Plan Completeness Checklist:
Gradin�•
Comment: Show existing topo—can use aerials
Response: Topographical lines (1 foot intervals)now shown.
See Amended Site Plan(dated S/31/2007)
Street Issues:
Comment: Show existing curb or edge of pavement.
Response: An existing sidewalk and curb extends the length of the site along SW
121 S` Avenue. See Amended Site Plan(dated 8/31/2007}
Comment: Private street and sidewalk should extend to existing house and then taper.
Consider moving sidewalk to other side of private street.
Response: Per discussions with City Engineer, private street now extends beyond
existing driveway which serves existing home,then tapers. Per suggestion
of City Engineer, sidewalk has been relocated to other side of private
street. See Amended Site Plan (dated 8/31/2007)
Comment: Only 10 feet of private driveway ha.S to be paved (12 feet if required by
fire department) for driveway behind existing house to two new homes.
Show existing north driveway to be removed.
Response: Applicant will pave 10-12 feet of private driveway. Existing north
driveway will be closed and this is now shown. See Amended Site Plan
(8/31/2007).
. . ��
Page 3
Anderson; Case File No. MLP 2007-00007
Sanitary Sewer Issues:
Comment: Provide plans at a readable s*cale or provide a detail. Show existing
public sewer in 1215`Avenue on your plans.
Response: Larger plans are provided. Existing public sewer in 1215`Avenue are
shown. See Amended Site Plan (dated 8/31/2007)
Water Issues•
Comment: Show public water main in 1215` Avenue on your plans. Can't clearly see
water lines on small plans.
Response: Public water main in 121 S`Avenue is now shown. Larger plans are
provided. See Amended Site Plan (dated 8/31/2007).
Comment: Show existing and proposed meters with sizes noted.
Response: Existing and proposed meters are now shown. See Amended Site Plan
(8/31/2007).
Comment: Provide a letter from TVFR for access and turnaround if not providing
sprinklers for new hames.
Response: TVFR made the following comments in an email dated 7/18/2007:
"The fire apparatus access roadway is acceptable. The location of the fire
hydrant is acceptable. The fire hydrant must be capable of supplying the
required fire flow demand for any building or buildings constructed in the
future." (Email from: John K. Dalby, Deputy Fire Marshal II Tualatin
Valley Fire & Rescue,North Division 14480 SW Jenkins Road Beaverton,
OR 97005-1152 503-356-4723).
Submittal: Email from John Dalby, North Precinct,TVFR, �/i8/2oo�.
Storm Draina�e and Water Qualitv Issues:
Comment: Show public storm drainage system in 121 S`Avenue on your plans.
Response: Public storm drainage system in 1215`Avenue is now shown.
See Amended Site Plan (dated 8/31/2007).
These submittals should render this file complete. Thank you in advance for all your time
in reviewing these amended materials.
Sincerely,
�
Mary Anderson
Encl: Amended Narrative (8/31/2007); Submittals.
v ll-�zc�1 -9
� Project:� '?�`�l- c-`7�o��'1 '���z��•� -�a
LAND USE APPLIC�, IOH Date: lo � -�l Zoo�,
��l�jS'Z -
COMPLETENESS REVIEW � COMPLETE ❑ INCOMPLETE
STANDARD INFORMATION:
Deed/Title/Proof of Ownership , , s'� Impact Study(18.390)
USA Service Provider Letter n ^,;,,;,,,,,,,;,,,,�;,;�,,;,,,ate ❑ Envelopes with Postage(Verify Count)
❑ #Sets Of Application Materials/Plans-"Paper Copies" '� Pre-Application Conference Notes
❑ #Sets Of Application Materials/Plans-"CD's"
PROJECT STATISTICS:
❑ Building Footprint Size ❑ %of Landscaping On Site ❑ %of Building Impervious Surface On Site
❑ Lot Square Footage
PLANS DIMENSIONED:
❑ Building Footprint ❑ Parking Space Dimensions(inciude a,ccessibie a aike Par�in9)I,=,1 T�_ ��,�.����.^ad;����'"'�^•� "��'icable
❑ Building Height ❑ Access Approach and Aisle ❑ Visual Clearance Triangle Shown
ADDITIONAL PLANS:
Vicinity Map c ura ,,,�'] Tree Inventory
Existing Conditions Plan [�--�artdscape-P{arr
Site Plan 17�_I innt�n„ ai�2
TREE PLAN!MITIGATION PLAN:
�2ewv:.v�,.9 .� �'1��]-���t
� P.c�;t��_ ❑ �-
ADDITIONAL REPORTS: (list any special reports)
❑ ❑
❑ ❑
RESPONSE TO APPLICABLE CODE SECTIONS:
❑ 18.330(Conditional Use) ❑ 18.630(Washington Square Regional Center) ❑ 18.775(Sensitive Lands Review)
❑ 18.340(Director's Interpretation) � 18,705(AccesslEgress/CirculaUon) -- ❑ 18.780(Signs)
❑ 18.350(Planned Devebpment) 18,710(Accessory ResidenGal Units� ❑ 18.785(Temporary Use Permits)
18.360(Site Devebpment Review) ���'`� 18.715(Densiry Computations) �- � 18.790(Tree Removaq - -�
18.370(Variances/Adjustments) - S*<.uzt r�� 18.720(Design Compatibiliry Standards) - 18J95(Visual Clearance Areasj��.'' ���a-
18.380(Zoning Map/Text Amendments) ;� �uP ❑ 18.725(Environmental Performance Standards)� 18.798(Wireless Communication Facilities)
,� 18.390(Decision Making Procedures/lmpact Study) - ❑ 18.730;Exceptions To Development Sfandards) ❑ 18.810(SVeet&Utility Improvement Standards)-
❑ 18.410(Lot Line Adjustrnents) ❑ 18.740(Historic Overlay)
- � 18.420(Land Partitions) � ❑ 18.742(Home Occupation Permits)
.__.____---
18.430(Subdivisions) 18.745(Landscaping&Screening Standards) -
,l.��; 18.510(ResidenGal Zoning DisVicts)�-- 18.750(Manufactured/Mobil Home Regula6ons) ��'���� ��„� c�� ��1,.
U 18.52� Commercial Zonin DisUicts �
( s 1 ❑ 18.755(Mixed Solid Waste/Recycling Storage)
❑ 18.530(Industrial Zoning Districts) ❑ 18.760(Nonconforming Situations)
❑ 18.620(Tigard Triang�e Design Standards) � 18.765(Off-Street Paricing/Loading Requirements) -
ADDITIONAL ITEMS:
✓`���d.� ��s r� ��.�9 I� t�-e� ` n o 4 U.e���x:4.�.
✓ 'J �I�-u � � 1 L.., a ���-c�o--,rc�Q
G�
1:lcurpin\masterslforms-revisedlland use application completeness review.dot REVISED: 6•Jun-07
!
City of 7'igard, Oregon 1312s S�Hall Blvd. • Tigar�, R 97223
��
.
.
October 11,20U7
' � �
Mary Anne Anderson
PO Box 23593
Tigard, OR 97281
RE: Completeness Review-Anderson Partition
Case File No. MLP2007-00007
Deax Mary Anne:
The City has received your revised submittals for Minor Land Parurion (MLP2007-00007).
Staff has determuied your application to be substantively complete. The following is
necessary so that your application can be deemed complete:
• Kevise response to Chapter 18.71 S (Density) to provide actual calculation (in square
feet) for t17e area dedicated to right-of-way, or attach a correction;
• Four (4) sets of the complete application packet,including full-size and reduced
1 1"x]7" rlans;
• Five (5) sets of full-size plans only;
• Seven (7) sets of reduced 11"x17" plans only; and
• Two (2) sets of business size envelopes with address labels and first-class stamps
affiYed. Metered envelopes will not be accepted. L n� ���%� '�d�..�;f)
The review process will begin upon completeness and typically takes about 6 weeks. Please
t�e aware that staff has not reviewed the application fox compliance with the code, and may
request addiuonal items during the review period.
If you have any questions, please contact me at (503) 718-2712. Thank you.
Sincerely,
�
�
Emily �ng
Assistant Planner
F_,nclosure: Public Facility Plan Checklist
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772
�
, W
� 5 ( �� � �oo
PUBLIC FACILITYPLAN Project: ...�derson MLP
COMPLETENESS CHECKLIST Date: 3/2/07
ADING
Existin and ro osed contours shown. Show existin to o- can use aerials
Are there radin im acts on ad�acent arcels?
❑ Ad�acent arcel rades shown.
❑ Geotech stud submitted?
STREETISSUES
Ri ht-of-wa clearl shown. Label ROW not/ot lines
� Centerline of street s clearl shown.
� Street name s shown.
Existing/proposed curb or edge of pavement shown. Show these. Half street improvements may
be reguired based on rough proportionalify
or a fee-in-lieu required. The future street
improvement agreements are no /onger
being accepted on mosf projects when the
rough proportionality analysis indicates the
improvements can be done wifh the
develo ment.
❑ Street rofiles shown.
❑ Future Street Plan: Must show street profiles, topo
on ad�acent arcel s , etc.
� Traffic Im act and/or Access Re ort
❑ Street rades com liant?
� Street/ROW widths dimensioned and a ro riate?
Private Streets? Less than 6 lots and width Private street 8 sidewalk shou/d extend to
appropriate? existing house and then taper. Consider
moving sidewalk to ofher side of private
street.
Other: Driveways Only 10 feet has to be paved(12 feet if
required by fire department) for driveway
behind existing house to two new homes.
Show existin north drivewa to be removed.
ANITARY SEWER ISSUES
Existing/proposed lines shown. Provide plans at a readable scale or provide
a detail. Show existing public sewer in 1295:
Avenue on our lans.
❑ Stubs to ad�acent arcels re uired/shown?
WATER ISSUES
Existing/proposed lines w/sizes noted? Show public main in 1215r Avenue on your
plans. Can'f clearly see water lines on small
lans.
� Existin / ro osed fire h drants shown?
Proposed meter location and size shown? Show existing and proposed mefers with
sizes noted.
Proposed fire protection system shown? Provide a letter from NFR for access and
turnaround if nof rovidin s rinklers for
REVISED: 03/28/07
�
new homes.
T RM DRAINAGE AND WATER QUALITY ISSUES
Existing/proposed lines shown? Show public system in 1295t Avenue on your
lans.
❑ Preliminary sizing calcs for water quality/detention
rovided?
❑ Water ualit /detention facilit shown on lans?
❑ Area for facilit match re uirements from calcs?
❑ Facilit shown outside an wetland buffer?
❑ Storm stubs to ad�acent arcels re uired/shown?
The submittal is hereby deemed �OMPLETE � INCOMPLETE
By:
1����/a� Date: 3/28/07
REVISED: 03/28/07
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CZty Of Tigard, Oregon 13125 SW Hall Blvd. • Tigar� iR 97223
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October 24, 2007
' � �
Mary Anne Anderson
PO Box 23593
Tigard, OR 97281
RE: Completeness Review-Anderson Partition
Case File No. MLP2007-00007
Dear Mary Anne:
The Ciry has received your submittals for Minor Land Partirion (MLP2007-00007). Staff has
determined your application to be complete as of 10/12/2007.
The review period has begun upon completeness, with an estimated decision date of
11/27/2007. Please be aware that staff has not reviewed the application for compliance
with the code and may request additional items during the review period.
If you have any questions, please contact me at (503) 718-2712. Thank you.
Sincerely,
� �
Emily�"
Assistant Planner
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov • TTY Relay: 503.684.2772
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►��► .na�-oekw cow,y a.rx ror wnhr��ceurq,,
� �. �a ao n.r.w uroh n+e a»wxrrn r.a�.n.�e or
�b v�e�nr�wa.�wr.a.�,a r«ob.a inan.noor et '�.; ;f:
neard�d qd eqYy. ���� ,.. .��
Jw'TY R Mrmen.DFselOr w�ae��t u�d Tot�tlx4 � ♦
EsOflldo Lanty Clak
Affier reaording retum to:
Edward L Anderson and Mary Mne
Ander�on
12330 SW 121st Avenue
r/ Tigard,OR 97223
I
N urm�a chan9e is reques6ed an tax stabernaKs
stw�be s�t 6�the fu9owing acldress:
� Edward L Mderson and Mary Mne
N �
(� 12330 SW 121st Avenue w��T���
� Tlgard,OR 97223 . '. AFJ1L P�TY TAX
h"1e No.: 7034-592242(AU1) � '• t �� S 33�5,bd �
Date: Jufy 19,2005 FEE PND DATE
�
�
� STATUTORY WARRANTY DEED
U
Q~ Mat1c L D
uty and]odi G.Duty,as benar�ts by the entlrety,Grantor,conveys and warrants to
LL. Edvvard L Anderson and Mary Anne Mderson as benants by tfie er�tirety,Grantee,the folbwing
de�ibed rea�Property free of liens and encumbranoes,exc�ept as spedfic�lly set forth herein:
Pf'°Per'tY situabed in Section 3,Tovmship 2 Soutl�,Range i West,of the Willametbe Meridian,
in the City of Tigard,County of Wasf�ington and Stabe of Oregon,desp�ibed as follows:
Beginning at a point on tf�e oenter line of County Road No.358,said pofnt being Nortlt
89°58'West 1,209.0 feet and Soutlf pg°47'East 352.1 feet and South 0?1030`West 467.62
feet from the on�quarter corne�of the North line of Section 3;and going thence from said
point and true poi�of becjinning South 82°30'East 25.0 feet to an iron rod•thence
aontinuing South 82°30'East 3Q5.0 feet bo an iron rod;tf�enae Sout�07°30'West 12�.0 feet
to an Iron piPe:tlienae Norifi 82°30'West 305.0 feet along tfie Nortfi line of a dact aonveyed
b�ChaHes H.Vancil,et w4 by deed r�eoorded In Book 280,page 169,on Novem6er 25,1947,
to an iron md;which 6ears South 82°30'East 5.0 f�eet from an iron pipe;tfienoe from sald
rod and passing o�►er said iron pipe Nortfi 82°30'West 25.0 feet to a poic�t on the cenber line I
of the aforesaid road;thenoe on said center Iine Nortf�p7°30'East 120A feet bo tfie point of
begi�ning.
i
This propelty is{ree{rom(iens and encumbrances,�(CEPT:
1• The 2005-2006 Taxes,a tien not yet payable..
2- Covenants,oond�ions, resb'ictions and/or easements,if anY,affecting title,which may appear in
tf�e public r�ard, induding tfiose showr�on any reoorded plat or survey. '
vage 1 of z
� �i�i��iii�ii��i�����
aw�:reoa�2oss sau,co�r war,�,ir oeea r�rw.:m�-s9uaz���
"�� Da6e:07/19/2005
THIS INSTRUMEIYT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN
� VIOLATION OF APPLICAgLE (}Uyp USE LqWS AND REGU(ATIONS. BEFORE SIGNING OR ACCEPTING
THIS INSTRUMENT,THE PERSON ACQUIRIN6 FEE TITLE TO THE PROPBtTY SHOUlD CHECK WITH TNE
APPROPRIATE CRY OR C�OUNTY PLANNING DEPARTMENT TO VERIFY AppROVED USES AND TO
�ETERMINE ANY LIf`7IT5 ON LAWSUITS AGAINST FARMING OR FOREST pRqCTICES qs pEFINED IN
ORS 3Q.930.
The Vue oonsideration for tf�is oonveyanoe is�335,000.00. (Flere mmply wifh requ�ts af ORS 93.030)
Dated this � ` day of _ � / u�..� Zp��
�
��
Mark L. Duty J ' .Duty
STATE OF Oregon )
�•
CAUnty of Washington )
tt� �This instrumerrt was acknowledged before me on tfiis J� daY af � 20 �S/
by Mark L Duty and Jodi G.Duty.
Notary Public fnr Oregon
My oommtssbn expires: ��1/��
a� � �
�
c"°10 �u���s�P��E��
MY CUNiMl5SION Q(PiRES OCT.15.2006
i
I
Page 2 of 2
� � • �
w'��'°"`°'�"'°�'°°" 2002-101582
�� R �i012002�69p PH MF�
�Q s�smsa,00t».00t�.00-Tar.�nz�
2� or+derNo. �tlll'�I����I
�no. n�m i��q 1 f l�IIIIIf Illl�llllll�lllf��III
yy�������E .�,,� ��•. 001 d7718200201015Y20030038
1,Jury Hruon dndor�Itp�um�nt pW Tas�tlon
p�a� � e erson ward L. Anderson .�a�.oekbc,,.,ya.,x�w„r�,�e,,,�,,,,,y
Sf e ens810R 97051 °enin°�'�'�a"*^�M�^�^�a�nnna
1336139 State of Oregon wancwwa.w ne«aa p,u,.eo�c orncmdr a
CO`�" �� sar,
�'N: Same as above .�ra►a�.o�,ar.��r.,i„.;�Ttxatlon,• .
Ec�fqde County qpM . ..
WARRANTY DEED — — --- -
lQiOW ALL MEN BY THESE PRESEN75,that Cendant Mabe7ity F�wnciai CorporaGon.hereinafter called tl�e
Srarrtor.for tl�e consideration hereinaRcr stated,to granbor Pald 6Y
EDW Rn . ERSnN and MARY ATQ*� Alv FRCON� HIISBAIdD [�IdD (dIFE
tieretnafter catled the grar�e,does beretrY 8�,�.�and oonvey�a�to tl�e grarttce and grantee's heirs,
successors and assi9ns,that certatn real property,witM the ten�,hered'Ramencs and appurtenances
thereurKO belonging or in anY�Y aPPe����9,s+diated in Wastdngton CouMy.
si�le o�f��gott, �3ceibed�fatE�s,tts�rit:
S�EXH�tT"A ATTACHED HERETO AND MADE A PART HEREOF
To ts�e and ta HelQ t!��e�to the�ntee anQ grairteE's he�r�.succ�ssors and asslgns forever.
� Md Granter hereby carvertants to a�td with�antee arn!gratttee's hetrs.sucoessors and aasigns.that
�antor is lawfi#y seiz�d in tee simpEe of the abave Sranted Pre�nises.free irom ait er�rnbrances and that the
� �ttfr�tt cg�--�f�d tr�et��`�.-�d ttre�a�eY�Y R�g�R�UserecsE agattisf tha Eaartut ctaans
� � and�a[x!g�f a!!���pever.ezcaPt tFwse ciaiminQ u�Wer tl�e a6ove descrtbed encumbrances.
The k�astQ ectus!coxtsicletatior�paid far th�transf�,sEater!in tetms af t�(fars,is
E� €�2(l.(1(1€�.GJ
�c..°r ��-��s[.�t�cf€�.r�h�e t�xntezt so rec;eslres,ttte s�r:�ul�inct��dcK t►ee�ZluraE and�1!
� � � grammatica!changc�ahaJl be niade so that tFus deed sfwll aAR�Y�tualtY to corporations and to irsdividuais.
� � In Wi€ness Ksfi�ereaf,tt�grar►fexr has exeeut�d t}�ir�ste�srs�nt this 1 5 tFt dsy of June
g c� ��"f�a c.ar�r�e gf�€tcst,i:����s�.,i2s r�me tc Da s�rseci a.Rd i€s�K any,a��cc-d Gy an�f€ic..�nr�s.
� � psr��n d�F�avthQ�?ze�tp d��o!ay cxder af its board of di+eetors.
�� THIS It+dSTRUACENT I�LL l�EOT ALt01N USE QF TElE PRQPER7Y DESCREBEp tN Tiil$ fNSTI�U(�fEN'f Fk
VtQLRTtlTN QF E!t'FtlCABLE LANQ li3E LAl�i3 AkQ REGULA'RQlYS. BEFQRE SlGNlt46 QR AGCEPTlMG THt�
tAISTRttI1�EHT, THE FERSOM AC4U�tING FEE 7RLE TO TNE PROPERTY SHOULD CHECfC WITH THE
� APPFtQ�FR44TE CF'fY f3K GOUti'tY FL/ENNfDlCi DEPAR7TifEWT TQ YEWFY APPRQVEQ USES AHD E3ETERRRtNE
� � At�fY 1AfF5 Of LhWSIEfFES/SGR{FFS�FfiRt�4iREG QR FOREST FRItCTSCES AS DEF{NED tN ors 3E1.330_
6/`w "/�-�
Ce�a�rt Mo6ititY Financia!Corporadon BY Kathy Qrven AUTFiORQED SIGNATORY OF
BURliQL'L�CLQSlfllG MRt�t�lGEhlEtdT CORPORATIOP!
DBA BURROW SERVICES AS ATTQRNEY-IN-FACT.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS.
Pn before me,piane Adafr personatty aPpeared,Kathy�wen,personaily known
to me(or proved to me on the basis of satisfacipry evidence)tp be the pewpn(S�whase name�s�ts/are$ubscn.bed to the
krithirt krstrumenE and acdcrw�rledged to me that hdsheJqiey eacecuted tAe same in hisR�erltheir authocized capacity('ees).
and thaf by his/herltheir stgnat�se(sj on ti�ietstn�sssnt ffie persors(sy or Ehe ent�ty upan 6eFatf af whieh Ehe peran(s}
�ct�d,ez��tt�ins!ruatt�ret.
WtTNESS m�r hand and oificiat seai.
Signature !9y Cammission Expires:
I
�
__.___•""'x_.o ���tF,�iSi�7,N'VSJV��11 I
— - rfttJTQl��i R7 ��'4�!
•I� �� ���� '
��w�F Car"a� I
I
. zee2-1eiSe2
ALL PURPOSE ACKNOYYLEDGElNENT
5tate of CALJFORNIA
County of LOS ANGELES
On �'�.�01� 6efore me Diane Adair
Date ,
Personally aPPeared Kathv Owen
{ )personafiy known to me-OR-(�ocj proved to me on the basls of satisfactory evidsnce to
be the person(s)whose name(s)Ls/are/subscribed to the within instrument�d
acknowledged to me that helshe�lthey ezecubed the s�ne in hisThedtheir authoraed
�acrtrpes),and that by hislhe/tfieir signature(s)on the inatrurtfent the Psrsa►(s1.or sfie
entity upon behalf of which ihe person(s)aded,executed the instrument
WtTNESS my hand&ofii al. �
Signature Notary
DlANE IIDAHt
COMhLi1�p10! �
• NdTAR'rPtieuC-GYl�i�1
LCIBAN�B00l,MY +
�F���IWR 2l.2�
��� Order No. 963026
2002-101382 EXHIBIT'A"
A parcel of land in the Northwest quarter of Section 3, Township 2 South, Range 1 West, of the
Willamette Meridian,in the County of Washington and State of Oregon,and being a portion of that certain
Vact conveyed to Chartes H_and Jean A. Vancil, husband and wife,by deed recorded in Book 280, page
619, Washington County Oeed Records and being more particularly described as follows:
Beginning at the Northwesterly corner of the said Vancil Tract and on the centeriine of SW 121 st Avenue;
thence South 7°30'West along the Westerly line of the said Vancil Tract and along the center line of SW
121st Avenue, a distance of 85.72 feet to a poini; thence Soutf� 82°30'East, at right angles to the said
Westerly line, a distance of 200.00 feet to a point thence North 7°30' East, parallet to the said Westerly
line, 85_72 feet to a paint an the Nartherly line of the said Vancil Tract; thence North 82°30'West along
the said Nartherly line 2QO.OQ feet to the true point of begi�ning.
EXCEPTlNG THEREFROM that portion lying within SW 121 st Avenue.
And further EXCEPTING THEREFROM that portion conveyed to Washington Caunty in Dedication Deed
recorded July 11, 2000 as Fee No. 2g00055055, Washington County Deed Records.
�
�
�
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�
,
i c�:HASE, JQNES & ASSOCIATES INC.
� FORMERLY SOOTH&WRIGHT
-Cand cSuav�ou �'r�n�GzEeu eSinee 18£s'S
--- -----
C Jz � -_--_-
-- _ _ _ _
_--_ ,--_ -_-_
' 716 S.E 11th AVENUE PORTLANp�ppEGON 97214
TEL.(5p3)226-9gqq
I
June S, 2006
#17560
TRACT 1
A tract of land lying in the N.W_ �/, of Section 3, Township 2 South, Range 1 West,
Wtllamette Meridian, in the City of Tigard, Washington County, State of Oregon, being
more particularly described as follows:
Beginning at the northwest corner af that tract described in Doc. Na. 2005-085468, said
point being on the east right of way line of S.W. 121�`Avenue and a found 5/8 inch iron
rod sta.mped "DEA INC"; thence along said right of way line,25.00 feet from centerline
South 9°02'04" West a distance of 120.00 feet; thence South 80°57'S6" East a distance
__ of 1 la_06 feet; thence South 9°02'04"West a distance of 85.72 feet; thence
South 80°ST56"East a distance of 64.94 feet; thence North 9°02'04"East a distance
of SS_72 feet; thence South 80°57'S6" East a aistance of 130.00 feet; thence paralIel with
S•W- ]21�' Avenue North 9°02'(?4"Esst a distance of 120.00 feet; thence
North SO°5T56" West a distance of 305.00 feet to the P�INT OF BEGINNING.
The above described tract contains 42167 square feet more or less.
r. ic � sTEr, r�
Pf•:flfL• S�tO;1 �.L t
L1tID SUr��CE"cr I
C�G�" I
+
or �coti �
JULY 1G, 1982
ERRIC D. lOIIES f
1996
�. �-3�- �7J -
NOTICE OF TYPE I DECISION �`*� -`
� ?> ��e,
LOT LINE ADJUSTMENT (MIS) 2008-00007 :
ANDERSON LOT LINE ADJUSTMENT
120 DAYS = 7/30/2008
SECTION I. APPLICATION SLJMMARY
FILE NAME: ANDERSON LOT LINE AD USTMENT
CASE NO.: Lot Line Adjustrnent MIS) S2008-00007
PROPOSAL: The applicant proposes to adjust two (2) lot lines,which will reconfigure two (2)
lots. Lot 1 is 42,167 square feet and will become 29,580 square feet. Lot 2 is
34,329 square feet will become 46,920 square feet. The purpose of this lot line
adjustment is to facilitate a 3-lot partition for Parcel 1 (MLP2007-00007) that is
currentiy on hold.
APPLICANT: Mary Anne Anderson
12330 SW 1215t Avenue
Tigard,OR 97223
OWNERS: LOT 1: Edward L. and MaryAnne Anderson
12330 SW 1215`Avenue
Tigard,OR 97223
LOT 2: Edward L. and Mary Anne Anderson
PO Box 23593
Tigard, OR 97281
LOCt�TIONS: LOT 1: WCIZv12S103BA,Tax Lot 900
(42,167 square feet)
LOT 2: WCI1vI 2S 103BA,Tax Lot 1001
(34,329square feet)
ZONING: 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 uruts at a min;mum lot size of 7,500 square feet. Duplexes and
attached single-family units are permitted conditionally. Some civic and
institutional uses are also pemutted conditionally.
APPLICABLE
RE VIE W
CRITERIA: CommunityDevelopment Code Chapters 18.390, 18.410 and 18.520.
SECTION II. DECISION
Notice is hereby �iven that the City of Ti�ard Commtuuty Development Director's designee has
APPROVED the above request subject to certain conditions of approval. The findin�s and conclusions
on which the decision is based are noted in Section IV.
NO7TCE OF TYPE I DEQSION
MIS2008-00007-ANDERSON LOT LINE ADJtJSTMENT PAGE 1 OF 4
CONDITION OF APPROVAL
THE FOLLOWING CONDITION SI-iALL BE SATISFIED WITHIN 18 MONSTHS OF
THIS DECISION:
Un ess o erwise note , t e sta contact s a e Emi y Eng in t e P amm�g ivision at 503
718-2712.
1. The applicant shall record the lot line adjustment at Washington Counry within 18 months of this
dec�sion. The applicant shall submit a copy of the recorded survey map to the Gty within 15 days
of recording.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SEC`I'ION III. BACKGROUND INFORMATION
Site Information and Histo
e su �ect parce are ocated on SW 1215C Avenue and SW Walnut Street. Parcel l is on the east side of
S\X� 12? Aver.ue, about 350 feet from the intersection with SW Walnut Street. Parcel 2 is on the north
side of SW Walnut Street, about 170 feet from the intersection with SW 1215C Avenue. There is a single-
familY home on each parcel. Parcel 1 slopes down toward the northeast corner of the property by about
9%. 1'arcel 2 slopes down toward the northeast corner by about 5%.The surroundin�area�s zoned R 4.5
and characterized by single-f amily homes on relative�ly large lots. �XTindmill Park and ihe historic windmill
are located in the vicuuty on S W 1215`Avenue and S W Lynn Street.
Parcel 1 received approval for a Lot Line Ad�ustment (MIS2006-00009) in May 2006 to adjust a lot line
with the nei�hboring property to the south, �o owned by the applicant. There have been no other land
use approva7s related to the site. Cun-ently, there is an active 1and use case (MI..P2007-00007) for a
proposed,3-lot partition on Parcel 1; however, the applicant has put the application on hold (by ranting
an extension of the 120-day n.ile) to resolve lot area and configuration issues that staff discovere�during
the review period.
Proposal Description:
The applicant proposes to adjust two (2) lot lines, which will reconfigure two (2) lots. Lot 1 is 42,167
square}eet and w�71 become 29,580 square feet. Lot 2 is 34,329 square feet will become 46,920 s uare
feet. The purpose of this lot line adjustment �s to facilitate a 3-lot partition for Parcel 1 (MLP�007-
00007) that is currently on hold.
SECTION IV. APPLICABLE REVIEW CRITERIAAND FINDINGS
COMPLIANCE WITH COMMLTNITY DEVELOPMENT CODE SEGTIONS:
LOT LINE AD USTMENT - APPROVAL STANDARDS: Section 18.410.040 contains the
ollowing standards or approval o a Lot Line Adjustment request
Section 18.410.040 - Approval Criteria states that the Director shall approve or deny a request
for a lot line adjustment in writing based on findings that the following cnteria are sahsfied:
An additional parcel is not created by the lot line ad'ustment, and t�ie existing parcel mduced
in size by the adjust�nents is not reduced below t�e minimum lot size established by the
zoning district;
Two parcels e�st and two parcels will remain. Parcels 1 will be reduced from 42,167 square feet to
29,580 square feet. Therefore an additional parcel is not created by the lot line adjustment and the
parcel reduced in size will not �e reduced below the inuiunum lot size of 7,500 square feet required by
the R-4.5 zone.
By reducing the lot size the lot or structures(s) on the lot will not be in violation of the site
development or zoning c�istrict regulations for that district;
NOTIC�OF TYI'E I DEQSION
MIS2008-00007-ANDERSON LOT LINE ADJiJS'ITvIENT PAGE 2 OF 4
All e�sting setbacks for Parcels 1 and 2 exceed the rninimum standard of 20 feet front, 5 feet side and
15 feet rear. The only setbacks affected by the lot line adjustment will be the rear setbacks for each
parcel. Parcel 1 has a rear setback of 210 feet, which will be reduced to about 97 feet. Parcel 2 has a
rear setback of about 190 feet and the lot line adjustment will increase the rear setback to about 300
feet.
The resulting parcels are in confotmity with the dimensional standards of the zoning district,
including:
. The minimum width of the building envelope area shall meet the lot requirement of the
a� pplicable zoning district;
. The lot area shall be as required by the applicable zonin� district. In the case of a flag
lot, the access way may not be included in the lot area calculation;
. 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; and
. Setbacks shall be as required by the applicable zoning district.
The proposed lot line adjustment meets these criteria as shown below:
. The widths of the building envelope area Parcels 1 and 2 will continue to exceed the required
miniinuin of 50 feet.
. Parcels 1 and 2 will continue to exceed the ininirnum lot size of 7,500 square feet. None of the
lots are flag lots,therefore the flag lot provision does not apply.
. Each lot fronts a public right-of-way by at least 15 feet. Parcel 1 has about 120 feet of frontage
and Parcel2 has about138 feet.
. The R 4.5 zoning district requires the following setbacks: 20 feet front, S feet side, 15 feet
street side, 15 feet rear and 20 foot garage. Setbacks for Parcel 1 will be approximatel as
follows: 51 feet front, 18 and 9 feet sides, and 97 feet rear. Setbacks for I'arcel 2 �be
�ap roximately as follows: 33 feet front, 27 ft and 14 ft sides, 300 feet rear. Therefore,setbacks
be as required by the zone.
With re ard to flag lots:
. �en the partitioned lot is a flag lot the developer may determine the location of the
front yard, provided that no side yarc� is less than 10 feet. Structures shall generally be
located so as to maximize separat�on from existing structures.
. A screen shall be provided along the property line of a lot of record where the paved
drive in an access way is located within ten feet of an abutting lot in accordance with
Section 18.745.040. Screening may also be required to maintain privacy for abutting lots
and to provide usable outdoor recreation areas for proposed development.
None of the lots are flag lots. Therefore,these criteria do not apply.
The fire district may require the installation of a fire hydrant where the length of an access way
would have a detrimental effect on fire-fighting capabilities.
Each lot has direct access to the street. Parcel 1 has about 120 feet of fronta e on SW 1215C Avenue.
Parcel2 has about 138 feet of frontage on SW Walnut Street. The lengths of t�e existing driveways are
not being changed as a result of this lot line ad'ustment and should not be of concern in tern�s ot fire-
fighting. Theretore,this criterion does not app�y.
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 common drives. Therefore,this criterion does not apply.
Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress,
and Circulation.
Each lot has direct access to the street. Existing accesses comply with Chapter 18.705 and will not
change as a result of the lot line adjustment. Therefore,this critenon�s met.
NOTICE OF TYI'E I DEQSION
MIS2008-00007-ANDERSON LOT LINE ADJIJS'I1vIENT PAGE 3 OF 4
Exemptions from dedications:
A lot line ad'ustment is not considered a development action for purposes of determining
whether floo�plain, greenway, or right-of-way dedication is required.
No dedication is required as a result of this lot line adjustment.
Variances to development standards:
An app lication for a variance to the standards prescribed in this chapter shall be made in
accordance with Chapter 18.370, Variances and Adjustments.
The applicant has not requested a variance or adjustment.
FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been
met for Parcels 1 and 2.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice was mailed to the applicant and owners
Final i�ecision:
A Lot Line Adjustment is a Type I procedure. As such,the Director's decision is final on the date it is
mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not
be appealed locally and is the final dec�sion of the City.
THIS DECISION IS FINAL ON APRIL 17, 2008
AND BECOMES EFFECTIVE ON APRIL 18, 2008.
I�estions:
e any questions, please contact Emily Eng or the City of Tigard Planning Division, Tigard
CityHall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 718-2172.
�
- ___,_.____ A�ril 17,2008
PREP . E Eng DATE
Assistant Planner
NOTICE OF TYPE I DEQSION
MIS2008-00007- ANDERSON LOT LINE ADJUSTMENT PAGE 4 OF 4
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ANDERSON
MINOR LAND PARTITION
Case File No. MLP 200�-0000�
AMENDED N TIVE (�iA/2oo8)
NOTE: This Amended Narrative (5/iq/2oo8 re�laces all
�revious Narratives (3/12/0�, 8/3i/o7, and io/i2/o�).
The Amended Site Plan and Amended Tree Removal Plan
(both dated �./�qj2oo8) also re�lace �revious submissions.
Additions to the record:
�. Amended Narrative (�/i9/2oo8, 2� �ages)
2. Amended Site Plan (�/�q/2oo8, i �age�
� A��roval letter re: MIS 2008-0000��6 �a es
Other than the above, all other submittals remain unchanged.
i233o SW �2�5`Avenue
Tigard, Oregon 97223
Tax Map No: 2Sio3BAoo9oo
Applicants:
Mary Anne & Edward Anderson
P.O. Box 23593
Tigard, Oregon 97281
Owner:
Applicants (Mary Anne&Edward Andcrson)
Applicant's Representative:
Applicant&Owner Mary Anne Anderson
P.O. Box 23593
Tigard, Oregon g�28i
(503) 984-4880
Tablc of Contents
Action(s) Requested,Narrative Statcment&Applicable Criteria
I. Applicable Review Sections in TDC
II. Findings:
A. 1. Section i8.�qo (Decision Making Procedures)
2. Section i8.42o (Land Partitions)
B. Imnact Stud�
i. Transportation Svstem(including bikewa,�
2. Drainage S, s�
3. Water Svstcm
4. Sewer Spstem
5. Parks System
G. Noise Impacts
�. Fire Protection
C. Parking and Access
i. Off-Street Parking and Loading(i8.�og and i8.7G5)
2. Access, Egress, and Circulation (i8.�o�)
D. Residential Densitv Calculation(i8.�i�)
E. Landscaping and Screening(i8.245)
F. Mixed Solid Waste and Recvclable Storage(i8.�S�)
G. Parkin�
H. C1eanWater Services (CWS) Service Provider Letter
I. Tree Removal Plan and Mitigation (i8.�qo.o3o.C)
J. Clear Vision Area (i8.�q�)
K. Future Street Plan and Extension of Streets (i8.8io.o3o.r)
L. Additional Lot Dimensional Requirements (i8.8io.o6o)
M. Adjustments Requested
1. Access Spacing(i8.�7o.o2o.C.5 and �8.70,.o�o.H.3�
2. Use of Existin�'I�ccs as Strcet Trees (�8.��0.o2o.C.6)
N. Engineering Issucs
1. Right-of-�'av Dedication
2. Street Improvements
g. Sanitar_y Sewers
4. Water Sunnlv
5. Fire Protection
6. Storm Sewcr Improvements
�. Otlier Comments Section
III. Submittals (5/iq/2oo8)
Page 2-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
1233o SW i2ist Avenue; 2Sio3BAoo9oo
Anderson Minor Land Partition
Address: i233o SW i2i�`Avenue
Tax Map No: 2Sio3BAoo9oo
Applicant Submittals
Addressing Items Identified in Pre-Application Conference
Action(s)Requested:
Minor land partition creating two new parcels (splitting one parcel into three lots)
Adjustments: Driveway spacing (Sections i8.37o.o2o.C.5 and 18.�05.o3o.H.3) (Section II.M.i)
Use of Fxisting Trees as Street Tree(i8.37o.o2o.C.6.a) (Section II.M.2)
Applicant's Narrative Statement—Sections i8.390 and i8.5io
Applicants seek a minor land partition to divide one 29,58o SF parcel into three lots. The
parcel to be divided is located at 1233o SW i2i�`Avenue in an R 4.5 Residential Zone. The relevant
zoning district dimensional requirements are: (i) minimum lot size: �,50o sq.ft.; (2)average
minimum lot width: 5o ft.; (3)maximum building height: 3o ft.; and(4)setbacks of 2o ft. (front),
5 ft. (side), i5 ft. (rear and side facing street, corner and through lots). Table i8.5io.2.
Applicants seek to split a 29,58o SF parcel(per MIS 2008-0000�,4/i�/2oo8) into a total of
three lots. Lot i will contain the existing home and be io,523 SF; Lots 2 and 3 will be located
behind Lot i and be 8,35o SF and�,6�o SF respectively. All lots meet dimensional requirements.
No change of use or variance from permitted uses is requested.
Concurrently with their request for a minor land partition,applicants also seek two
adjustments to the development standards concerning: (i)driveway spacing(Sections
i8.37o.o2o.C.5 and i8.�o5.o3o.H.3); and(2) use of Existing Trees as Street Trees
(18.3�o.o2oC.6.a). This application was originally submitted on 3/i4/2oo�. This Amended
Narrative (�/iq/2oo8) replaces all previous narratives —the onlv substantive change
from the most recent narrative is the new boundarv line(per MIS 2008-00007),
which changes the densiiv calculations. Thosc calculations now reflects the new lot
size of the parcel to be divided(29,58o SF) (per MIS 200�-00007, approved 4/i�1o8).
Page 3-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i233o SW i2is`Avenue;2Sio3BAoo9oo
Applicable Review Criteria and Findings
I. Applicable Review Sections in TDC(from Pre-App. Conf. Notes,p. Z
Community Development Code Chapters:
i8.37o (Variances/Adjustments) (added per City letter of 4/13/200�) - Section II. M.
i8.37o.o2o.C.5(Adjustment-Access Spacing Standard) (Section II M. i,below)
i8.3�o.o2o.C.6(Adjustment- Existing Trees as Street Trees) (Section II. M. 2)
i8.390 (Decision Making Procedures) - Section II.A. 1.
i8.42o (Land Partitions) (added per Ciry letter of 4/i3/2oo�) -Section II.M. 2.
i8.5io (Residential Zoning Districts) -See Applicant's Narrative,above.
i8.�o5(Access Egress and Circulation) - Section II. C. i-2.
i8.�i5 (Density Computation) -Section II. D.
18.745(Landscaping and Screening) - Section II. E.
i8.755(Mixed Solid Waste/Recycling Storage) -Section II. F.
i8.�65 (Off-Street Loading and Parking) - Sections II.C. and II. G.
i8.790 (Tree Removal) -Section II. I.
i8.795(Visual Clearance Areas) -Section II. J.
i8.8io (Street and Utility Improvement Standards) - Section II. L.
II. Findings:
A. Land Partitions and Decision Making Procedures
i. Section i8.�AO (Decision Making Procedures)
This request for a minor land partition falls under Section i8.39o.040 (Type II).
A pre-application conference was completed in accordance with Section 18.390.o4o(A).
A Land Use Permit Application(Minor Land Partition; and two Adjustments) and the required
fee(s)have been paid.
Page 4-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i233o SW i2is`Avenue; 2Sio3BAoo9oo
2. Section i8.42o (Land Partitions)
CDC 18.420 permits land partitions, subject to certain conditions. This application complies
with those conditions, as follows:
18.420.020 (Administration): The applicant is the recorded owner of the property, which is
a lot that was created through a previous lot line adjustment, Case File Number MIS 2006-00009.
On 4/i�/2oo8,the City of Tigard approved applicant's request for a second lot line adjustment,
Case File Number MIS 2008-0000�. See Submittals. The sole purpose of the second lot line
adjustment was to facilitate the processing of this partition request and resolve an outstanding issue
regarding density calculations that was identified by City staff in late 200�. This land partition
complies with the state regulations set forth in ORS Chapter 92,Subdivision and Partitions. No lots
will be sold until approval and filing of the final partition plot. Applicants propose to meet the
minimum number of residential units in the relevant zone(see Density Computations(Findings,
Section II. D.)) and the parcels are of an appropriate size and shape.
i8.42o.030 (Approval Process): This partition is submitted for Type II minor land
partition to split one parcel of 29,58o SF into a total of three lots of io,523 SF(Lot i with exiting
home); 8,35o SF(Lot 2); and�,65o SF(Lvt 3). Applicant understands that any approval is effective
for a period of i i/2 years and may lapse under CDC i8.43o.C,but that the Director may grant an
extension of the approval period per CDC i8.42o.o3o.D.
18.420.040 (Application Submittal Requirements): This partition request is
submitted on appropriate forms and includes information required for a Type II application. After
receiving the City's 4/i3/o�letter,applicants submitted an Amended Site Plan(dated 8/3i/2oo�).
However,to resolve an issue regarding densiry calculation later identified by the City, applicants
sought and received approval of a second lot line adjustment(MIS 2008-0000�),reducing the
square footage of the parcel to be partitioned to 29,58o SF. This Amended Narrative(5/i9/2oo8)
reflects that change, and Applicants herewith submit an Amended Site Plan(5/i9/2oo8) and Tree
Removal Plan (5/i9/2oo8)to show the new boundary line created by approval of MIS 2008-0000�.
Page 5-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i233o SW i2ist Avenue; 2Sio3BAoo9oo
i8.42o.050 (Approval Criteria): The request to partition meets all of the relevant
criteria, namely: (i)it complies with all statutory and ordinance requirements(see narratives);
(2) adequate public facilities are available(see service provider letters,utility information,and
applicant responses to items identified in the Public Facilities Plan Completeness Checklist
(incorporated herein and summarized in applicant's letter dated 9/9/200�)); (3)proposed
improvements will meet City and applicable agency standards; (4) all proposed lots conform to the
requirements of:
a. minimum building envelope area meets the lot requirement of the zoning district;
b. all lots meet the minimum lot area of the zoning district(R 4.5,minimum lot size of
�,50o SF);
c. each lot will front a public right-of-way by at least i5 feet or will have a legally recorded
minimum i5-foot wide access easement;
d. the setbacks of the R 4.5 zone are met,as follows(see Table i8.5io.2)
front yard: ao feet;side yard: 5 feet; rear yard: i5 feet
e. no flag lots are created by this partition: this criterion does not apply;
f. a fence or landscaping screen will be provided along the property line abutting the new
private roadway and private driveway;
g. the fire district does not require the installation of a fire hydrant,see Submittal: Email
from John Dalby, North Precinct,TVFR;
h. Lots 2 and 3 will be subject to a reciprocal easement over Tract A(private roadway) and
Tract B (private driveway)to ensure access and maintenance rights; Lot i (exiting house)
will have access via Tract A only.
(5)the accessway complies with the standards of CDC 18.�05,Access Egress, and Circulation(see
Amended Narrative(5/i9/2oo8)and Amended Site Plan(dated 5/i9/2oo8);
(6)this development is not within or adjacent to the one-hundred year floodplain,so this criterion
is not applicable; and
Page 6-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i233o SW i2i5`Avenue; 2Sio3BAoo9oo
(�)this application is to be processed with two adjustments, already applied for—See Section II. M.
—Adjustments regarding Access Spacing(CDC i8.37o.o2o.C.5 and i8.�o5.o3o.H.3) and Use of
Existing Trees as Street Trees (see Amended Narrative, (CDC i8.3�o.o2oC(6)(a)).
18.420.060 (Final Plat Submission Requirements): Applicant will comply with the final
plat submission requirements outlined in CDC 18.420.060.
18.420.070 (City Acceptance of Dedicated Land): This partition will involve a dedication
of additional public right-of-way on SW 1215�Avenue. See Amended Site Plan(5/19/2008). The
City will need to accept this dedication prior to recording a land partition.
18.420.080 (Reeording Partition Plats): Upon approval, applicant shall record the final
partition plat with Washington County and submit a copy of the recorded survey map to the City, to
be incorporated into the record. The applicant shall submit the copy of the recorded minor partition
survey map to the City within 15 days of recording and prior to the issuance of any building permits.
B. Impact Studp•
i. Transportation Svstem (including bikewa�
This proposal will create two additional single-family residential parcels. The impact on
Tigard's transportation system,including its bikeways,is the additional traffic generated by two
additional families to the existing system. As part of this partition,applicants will be dedicating the
front io feet of their property to the City of Tigard(to meet the requirement of 35 feet from
centerline of 12i�`Avenue per the Pre-Application Conference Notes,Engineering Section, p. i).
See Amended Site Plan (dated 5/i9/2oo8). Applicants concur��ith this dedication requirement.
2. Drai�iagc S stein
No waterways, sensitive lands,or other drainage areas are impacted by this proposed
development. Clean Water Services prepared a Sensitive Area Pre-Screening Site Assessment/
Service Provider Letter for this project,determining that sensitive areas do not exist on or within
20o feet of this site.
Page�-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i233o SW i2is`Avenue; 2Sio3BAoo9oo
3. Water Svstem
Water to this site is provided by the City of Tigard. The existing home already has water
service. The addition of two single-family residential parcels will result in additional demand for
water by two residences. Applicants have contacted the Ciry of Tigard Water Department and
submit with this application the as-built drawings of the relevant portion of the Tigard Water
system. Water service in the area is more than adequate to serve the proposed new parcels. The
existing and proposed water meters are shown on the Amended Site Plan(5/i9/2oo8).
4. Sewer S, s�
The nearest sanitary sewer line to the subject site is an eight(8)inch line located in SW 121�`
Avenue. The existing home was connected to this line by a private lateral in mid-2006. 'I�vo
additional private laterals will be connected to the line in SW i2i�to serve the two additional lots
created by this minor land partition. Copies of the available sanitary sewer line as-built drawings
and location grids are included with this application. See Amended Site Plan(5/i9/2oo8).
5. Parks Svstem
This property is located within the City of Tigard. T�vo additional families will eventually be
added to those using city parks. The additional demand on the parks system will be offset by the
additional taxing revenues generated by the addition of two additional families.
6. Noise Impacts
T�vo new single family homes will eventually be added as a result of this partition. The
surrounding area is predominately single family homes and no change of use is proposed.
Additional noise impacts will be minimal and will consist of the noise generated by the addition of
two additional residences and their associated vehicular traffic.
Page 8-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i233o SW i2iSt Avenue;2Sio3BAoogoo
�. Firc Protection
TVFR(North Precinct)provides fire protection services at the site. An existing fire hydrant
is located less than 20o feet from the site. See Amended Site Plan(dated 5/i9/2oo8).The proposal
creates an access way 95 feet in length, and raises no fire protection issues. The access width onto
i2i�`Avenue will be 2o feet and preliminary site distance calculations indicate minimal visual
interference to vehicles entering onto i2i�`Avenue. In conjunction with the driveway serving the
existing house,the proposed access point provides ample turnaround space for any emergency
vehicles.
C. Parking and Access
i. Off-Street Parking and Loading(Sections i8.�o�and i8.7G�)
This partition will create two new single-family residential lots. A minimum of one off'-
street parking space per dwelling unit is required(Pre-Application Conference Notes, p.4) and will
be included in the design for any new dwelling unit(s).
The design will include parking for the single-family dwelling(s) on the same lot with the
dwellings(Section i8.�65.o3o.B.i). The parking space dimensions will be at least 8 ft. 6 in. x i8 ft.
6 in. (Pre-Application Conference Notes,p.4). This criterion will be satisfied by the inclusion of
these conditions in the approval of this partition.
2. Access, E�ress. and Circulation (Section i8.7o�)
This partition will create a total of two additional single family residential lots,served by a
private roadway(Tract A) (2o feet wide; 2o feet paved) approach onto SW i21st Avenue,a three-
lane collector street(per Pre-Application Hearing Conference Notes, Engineering Section, p. i).
The 2o foot private roadway will extend into the parcel beyond the existing driveway serving the
existing home to provide initial access to all three lots. A private driveway(Tract B (i5 feet wide;
io-i2 feet paved)will then extend back to serve the two new lots(Lots 2 and 3)to the rear of the
existing home. This configuration was chosen after discussions with City staff and in consultation
with a certified arborist in an effort to save the largest trees on the property(see Section M.i.).
Page 9-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i233o SW 12i5L Avenue; 2Sio3BAoo9oo
i8.�o5.oio —This application includes designs to ensure safe and efficient vehicle access and
egress from and to and good circulation on the proposed new lots.
i8.�o5.020 — It is anticipated that at least one new structure will be constructed. Site
development review is not required under Section i8.36o.o2o.A.i(single-family detached
dwellings)and the proposed plan does not conflict with subdivision requirements.
i8.�o5.o3o.A—Applicants recognize their continuing obligations under this section.
i8.�o5.ogo.B —A scaled access plan(Amended Site Plan, 5/i9/2oo8)is submitted.
i8.�o5.o3o.0—Joint access:
Under Table i8.�o5.i, i or 2 dwelling units require one driveway with a minimum access
width of i5 feet(io feet paved),while 3-6 units require one driveway with a minimum access width
of 2o feet(2o feet paved). The north driveway currently serving the parcel will be closed and Lot i
will share access to SW i2��`Avenue with Lots 2 and 3.
In order to avoid traffic turning from the street to have to wait for traffic exiting the site,the
width of the access point onto i2ist Avenue will be 2o feet(Section i8.�o5.o3o.I.6). Per
discussions with the City Engineer,this width will be maintained until the private roadway(Tract
A)extends beyond the existing driveway serving the existing home(Lot i).
Because the remaining vehicular access will serve only Lots 2 and 3,those two lots will be
served by a private driveway(Tract B)with a minimum access width of i5 feet,and a minimum
pavement width of io-i2 feet(Table i8.�o5.1). Joint access agreements will ensure access to Lots 2
and 3 through this private driveway(Tract B).
i8.�o5.ogo.D — Public Street Access —Access will be to SW i2ist Avenue.
i8.�o5.030.E— Curb Cuts —Any new curb cuts will meet the relevant standard.
18.�05.o3o.r— On-site pedestrian wallcti�ays —This provision is not applicable.
i8.�o5.ogo.G— Inadequate or hazardous aceess — The width of the access onto SW
12ist Avenue will be 2o feet(Section i8.�o5.o3o.I.6)to avoid traffic turning from the street to have
to wait for traffic exiting the site. This provision is not applicable.
Page io-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i233o SW i2i51 Avenue; 2Sio3BAoo9oo
i8.�o5.ogo.H—Access Management
i8.�o5.o3o.H.i —
Both the Pre-Application Conference Notes,p. 6, and the Pre-Application Conference Notes
(Engineering Section), p. 4, note that a preliminary sight distance certification is required for
application completeness. A preliminary sight distance certification letter is enclosed with this
application, indicating that the proposed accessway meets the relevant standards.
i8.�o5.o3o.H.2 —This section provides that the minimum driveway setback from
a collector street intersection is i5o feet,measured from the right-of-way line of the intersecting
street to the throat of the proposed driveway. This provision is not applicable because the access
way onto 12i�Avenue will be a private rvadway. Moreover,this proposal will eliminate one
driveway access(the north driveway to the existing house will be closed;see Amended Site Plan
dated 5/i9/2oo8)because Lot i (exiting home)will share access through the private roadway
(Tract A)with the two new lots(Lots 2 and 3). Finally,the proposed new private roadway/private
driveway is more than i5o feet from the right of way line of SW Walnut Street, so the standard
would be satisfied if it applied.
i8.�o5.o3o.H.g —The proposed private roadway does not meet the minimum 200
feet spacing standard. Concurrently with this application for a minor land partition,applicants
request an adjustment to this standard and have paid the fee for such an adjustment. The
standards for this variance are discussed in the Adjustments Requested Section,below(Section II.
M. i).
i8.�o5.o3o.I — Minimum access requirements for residential use—See
Section 18.�05.o3o.C, above. Private residential access will be provided and maintained in
accordance with the provisions of the Uniform Fire Code. The access drive is 95 feet in length.
iS.�o5.ogo.J—Access for Commercial and Industrial Uscs —Not applicable.
i8.�o5.o3o.K—'I�affic flow in proposed parking facilities — Not applicable.
Page ii-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i233o SW i2is`Avenue;2Sio3BAoo9oo
i8.�o5.ogo.L— Director's authority to restrict access —
Per discussions with City staff both at the pre-application conference and subsequently,
applicants agree that Lot i (existing home)will share the access onto i2i�`Avenue with the two new
lots(Lots 2 and 3)via private roadway(Tract A)and the existing north driveway will be removed
(see Amended Site Plan, 5/ig/2oo8). In order to ensure adequate access to private and emergency
vehicles,the access point will be 2o feet wide and connect to the existing circular driveway serving
Lot i. The portion of the access way serving Lots 2 and 3 (new parcels)will be a shared private
driveway(Tract B)with a i5 feet wide access and a minimum paved surface of io-12 feet.
D. Residcntial Density Calculation (i8.715)
The maximum density for this site is 2 additional lots/units. This number is calculated by
subtracting from the gross site area(29,58o SF per MIS 2008-0000�)the land to be dedicated for
public rights-of-way(i2oo sq.ft.),land proposed for private streets(i,8g5 sq.ft.,consisting of 758
sq. ft.in Tract A and i,o��sq.ft. in Tract B),and the square feet of the lot for the existing dwelling
(io,523 sq.ft.),then dividing that number(the net developable area) (29,580-13,55g sq. ft. _
i6,o22)by the minimum lot area(�,50o sq.ft. in R 4.5 zone). The ma}rimum allowed under this
calculation is 2.i4 additional lots/units and no rounding up is permitted. The minimum density for
this site is i additional lots/units. This number is calculated by multiplying the maximum number
of units(2.i4)by 80%,which calculates to i.�i additional lots/units minimum. This criterion is
satisfied by this proposed partition,which requests 2 additional lots/units.
29�58o sq.ft. of gross site area
- 13�558 sq. ft. (ROW,Tracts A&B, and lot for existing home)
= i6,o22 net sq. ft. of developable land.
/ �,50o minimum lot area
= 2.14 maximum number of additional lots/units
x .8 multiplied by 80%to determine minimum project density
= i.�i minimum number of additional lots/units
Page 12-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i2g3o SW i2is`Avenue; 2Sio3BAoo9oo
E. Landscaping and Screening(Section i8.745; Pre-A�n. Conf. Notes,p.�)
i8.745.oio — Purpose —Applicant acknowledges the purposes of this chapter.
i8.745.020 —Applicablility—
This chapter applies because construction of at least one new structure is anticipated.
However,site development review is not required under Section i8.36o.o2o.A.i (Single-family
detached dwellings),so review under this chapter proceeds as a Type I procedure under Section
i8.39o.030. A Scaled Amended Site Plan(5/i9/2oo8) is included per Section i8.745.o2o.C.
i8.745.030 — General Provisions —
Applicants acknowledge their continuing obligations for maintenance and pruning under
these provisions. Placement of all landscaping and screening will comply with City of Tigard
standards. Certificate(s)of occupancy will be conditioned upon completion of landscaping or
screening requirements or the posting of a bond. Any construction will be performed in such a
manner so as to protect existing vegetation on the site.
i8.745.040 — Street Trees —
This proposed partition requires the planting of street trees along SW i2i�`Avenue.
Applicant requests that two existing trees be designated as street trees,and plans to add additional
trees as street trees in the planting strip between the existing sidewalk and existing home. The use
of existing trees as street trees is addressed in the Adjustments Requested Section,below(Section
II. M. 2.).
18.745.050 — Buffering and Screening—
Site obscuring screening is required at the boundary of Lot 1,adjacent to the private
roadway and the adjoining parcel(see Pre-Application Conference Notes,p. 3). A fence and hedge
already extends along most of the properry line and applicant will construct a fence or install a
hedge on the remaining boundary line with the adjacent parcel.
Page ig-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i238o SW i2iS`Avenue; 2Sio3BAoo9oo
F. Mixed Solid Waste and Recvclable Storage — Section i8.��S
Section i8.755 is applicable to"new multi-unit residential buildings containing five or more
units and non-residential construction that are subject to full site plan or design review." Section
i8.755.oio.B. Accordingly,this section is not applicable to this application,which is a request for a
partition to create two new lots in a single-family residential zone.
Nevertheless,the Pre-Application Conference Notes,p. 3, indicate that a service provider
letter is needed. Accordingly, applicants have obtained a letter from Pride Disposal Company which
satisfies this requirement and is included with this application.
G. Parking Pre-A�nlication Conference Notes,p.4.)
The Pre-Application Conference Notes,p. 4, note that one off-street parking space will be
required for each new dwelling unit. This criterion is addressed in Section II. C., regarding Parking
and Access.
H. CleanWater Services f CWS) Service Provider I.etter
The Pre-Application Conference Notes,pp. 4-5,indicate that a Service Provider Letter from
C1eanWater Services is required. Applicants obtained a Sensitive Area Pre-Screening Site
Assessment/Service Provider Letter from C1eanWater Services and submit it along with this
Amended Narrative(5/i9/2oo8). That letter indicates that sensitive areas do not appear to exist on
or within 20o feet of the site.
Page i4-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i238o SW i2is'Avenue; 2Sio3BAoo9oo
I. Tree Removal Plan and Mitigation Requirements (Section i8.2AO.o�o.C)
Applicant's certified arborist, Danny Luttrell,ISA#PN6347A, has submitted an Amended
Tree Assessment, Removal, and Mitigation Plan(2 pages,dated 8/3i/2oo�)and a Tree Protection
Plan(3 pages, dated 8/3i/2oo�). An Amended Tree Removal Map(5/19/2008), showing the new
boundary line(per MIS 2008-0000�)is submitted with this Amended Narrative(5/i9/2oo8). The
change in boundary lines approved in MIS 2008-0000�adds a row of grape vines to the parcel to
be divided near the extended portion of the east boundary. However, no change to the tree
inventory or tree removal and protection plan is necessitated by the approval of MIS 2008-0000�.
Copies of the Amended Tree Assessment, Removal, and Mitigation Plan(2 pages,dated
8/3i/2oo�),Tree Protection Plan(3 pages, dated 8/3i/2oo�),and Amended Tree Removal Map
(dated 5/19/2008)are submitted with this Amended Narrative(5/i9/2oo8).
Applicant plans to eliminate trees which have become unhealthy due to age, damage,or
disease,or which are in the footprint of the proposed roadway. Since applicant's initial submittals,
applicants have worked with a certified arborist in an effort to save the largest tree on the site(Tree
4)by means of a root pruning to mitigate damage to the foundation of the existing home.
Applicants have positioned the roadway to preserve the maximum number of large,healthy trees,
and have endeavored to preserve larger, already established trees.
Street trees: Applicants have proposed the retention of three large trees near the front of
this property and propose that two be designated as street trees(No. i, Ponderosa Pine, 25,g"
caliper and No. 3, Red Horsechestnut, i2.4"caliper). In addition, applicants propose the planting
of additional street trees to meet the requirements of the Tigard Development Code(exact variety
and location to be determined).
Page i5-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/19/2008)
i233o SW i2is`Avenue; 2Sio3BAoo9oo
J. Clear Vision Area (Section i8.�q5)
The Pre-Application Conference Notes,p. 6, notes that a clear vision area is required at the
right of way line. The only obstruction in the clear vision area at this site is one tree(No.5,
Honeylocust), and one existing light pole,located in the right of way near the southerly boundary of
the site.
K. Future Street Plan and Extension of Streets—Section i8.8io.o3o.F
Due to existing development there is no opportunity for a street connection through this
development.
L. Additional Lot Dimensional Requirements —Section i8.8io.o6o
No lot created in this process contains any existing or proposed right-of-way within its
dimensions. The proposed lots meet all depth,width,and frontage requirements,as is evident on
the Amended Site Plan(5/i9/2oo8).
M. Adjustments Requested
i. Access Spacing(i8.37o.o2o.C.� and i8.�oS.ogo.H.�)
i8.�o5.o3o.H.3, requires a minimum of 20o feet between driveways and streets along a
collector street such as SW i2i�Avenue. The proposed private roadway does not meet the
minimum 20o feet spacing standard. Concurrendy with this application for a minor land partition,
applicants request an adjustment to this standard and have paid the fee for such an adjustment.
This requested adjustment is designed to maximize the efficient use of the available land,
minimize the creation of impervious roadway surfaces,and save the largest and healthiest trees on
the site. The proposed roadway is located on the side of Lot i (existing house)which will allow the
most direct access to the new lots (Lots 2 and 3). The proposed roadway location also allows the
retention of several healthy,large trees on the northerly portion of the parcel which otherwise
would require removal to install the private roadway and driveway in favor of removing a smaller
tree with a significant lean. The configuration of the roadway was chosen after consultation with
professionals(surveyor, arborist, engineer, and others) and discovering that the highest elevations
Page i6-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i233o SW i2i51 Avenue; 2Sio3BAoo9oo
are along the southernmost portion of the parcel. The only other alternative access point would not
permit direct access to the most elevated portions of the parcel,would still place driveways less than
20o feet apart,would require substantially more impervious surface in the form of roadway and
driveway access, and would require the cutting of at least two—and possibly three—larger,
healthier trees,each of which has a caliper of over 2o inches. The trees that applicant has chosen to
remove on the south portion of the property include trees that are smaller and less healthy, either
due to growth issues(lean, more than one leader, etc.), disease,or decay. In contrast,the trees on
the north side of the property are diverse,large, and healthy. Applicant wishes to save those trees
due to their significance to livability. In sum,the location of the proposed access is dictated by the
specific site conditions on this property and applicants wish to avoid the loss of the healthiest,
largest trees.
The alignment of neighboring driveways do not allow for joint access; however,as shown on
the Amended Site Plan(5/i9/2oo8), applicants will be closing the existing north driveway currendy
serving the parcel. The existing home(Lot i)and Lots 2 and 3 will share access to 12i�`Avenue by
means of a private roadway(Tract A) and Lots 2 and 3 will then share access over a private
driveway(Tract B). No other streets provide an alternative access site and this adjustment is the
minimum adjustment required to provide adequate access,due to the presence of the existing home
and adjoining properties. The proposal will result in a safe access because the access point onto SW
�2��`Avenue will be 2o feet wide and will remain that width until the private roadway(Tract A)
extends beyond the existing driveway for the existing home(Lot 1),allowing traffic to enter and exit
the site at the same time. The width of the access point onto i2ist Avenue will be 2o feet per
Section i8.�o5.o3o.I.6. The visual clearance requirements of i8.795 are met. See Section II.J,
above. TVFR responded favorably to applicant's inquiry regarding the adequacy of the access.
Page 1�-Anderson(Case File No.MLY 200�-0000�);Amended Narrative(5/i9/2oo8)
i233o SW i2is`Avenue; 2Sio3BAoo9oo
2. Use of Existing Trees as Street Trees (i8.37o.o2o.C.6.a)
Applicants propose the retention of several large trees along SW i2i�`Avenue and propose
designating two of those trees as street trees(No. i, Ponderosa Pine, 25.8"caliper and No. 3, Red
Horsechestnut, i2.4"caliper). Applicants will plant additional street trees(exact variety and
location to be determined)to meet or exceed the minimal planting requirements for street trees
along SW i2i�`Avenue.
Concurrently with this application for a minor land partition,applicants request an
adjustment to use these existing trees as street trees in accordance with CDC i8.3�o.o2o.C.6.a.
Applicants have paid the fee for such an adjustment along with the fee for their minor land partition
request. The existing trees which applicant proposes to use as street trees are positioned over 50
feet away from the proposed roadway and building sites. See Amended Site Plan(5/i9/2oo8). No
cutting or filling around those trees will be required during any construction of roadways or
residences. Although some utiliry work will be required to install utilities to serve Lot 3,the impact
on these trees is significantly less than what would be required for roadway construction and will
not result in damage to or loss of the trees. Applicant is working with a certified arborist and will
comply with tree protection measures to save these beautiful trees. Applicant, in consultation with
the arborist,chose the location of the proposed roadway specifically to save these trees. The trees
that applicant has chosen to remove on the south portion of the property include trees that are
smaller and unhealthy,either due to growth issues (lean,more than one leader,etc.),disease,or
decay. In contrast,the trees on the north side of the property are diverse,large, and healthy.
Applicant wishes to save those trees due to their significance to livability,and could not feasibly
replace those already existing trees,which are well situated to be enjoyed by persons using the
public sidewalk and street at SW 12i�`Avenue. This criterion is satisfied.
Page i8-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
1233o SW i2is`Avenue; 2Sio3BAoogoo
N. Engineering Issues (Pre-A�n. Conf. Notes, Engineering Section)
The following is information addressing issues raised in the Pre-Application Conference
Notes, Engineering Section Report.
�. Right-of-Wav Dedication
Approval of this minor land partition will require right-of-way dedication for SW i2i�`
Avenue to 35 feet from centerline. This will require the dedication of approximately an additional
io foot strip on the front of the subject property. This dedication is shown on the site plan. Even
with this dedication,the existing home has an adequate front yard setback. See Amended Site Plan
(5/i9/2oo8).
2. Street Improvements
Street improvements,including a curb and sidewalk,extend the length of this property
along SW i2i�`Avenue. The requirement for any additional street improvements along SW i2i�`
Avenue will be met by a future street improvement agreement,as determined by the City Engineer.
The only issue regarding street improvements that will not be addressed by the future street
improvement agreement are the street trees along SW i2i�`Avenue. Street trees are addressed in
Section II. E., Landscaping and Screening.
Applicant also submits the following, responding to the items identified in the Public
Utilities Plan Completeness Checklist, dated 3/28/200�(Street Issues):
Comment: Show existing curb or edge of pavement.
Response: An existing sidewalk and curb extends the length of the site along SW 1215`
Avenue.
See Amended Site Plan(5/19/2008)
Comment: Private street and sidewalk should extend to existing house and then taper.
Consider moving sidewalk to other side of private street.
Response: Per discussions with City Engineer,private street now extends beyond existing
driveway which serves existing home(Lot 1), then tapers. Pcr suggestion of
City Engineer, sidewalk has been relocated to other side of private street. See
Amended Site Plan(5/19/2008)
Page ig-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i233o SW i2is`Avenue; 2Sio3BAoo9oo
Comment: Only 10 feet of private driveway has to be paved (12 feet if required by fire
department) for driveway behind existing house to two new homes. Show
existing north driveway to be removed.
Response: Applicant will pave 10-12 feet of private driveway. Existing north driveway
will be closed and this is now shown. See Amended Site Plan(5/19/2008).
g. Sanitary Sewers
The nearest sanitary sewer line to the subject site is an eight(8)inch line located in SW i2i�`
Avenue. The existing home was connccted to this line by means of a private lateral in mid-2006.
Two additional private laterals will be connected to the line in SW i2i�`to serve the two additional
lots created by this minor land partition. Copies of the available sanitary sewer line as-built
drawings and location grids are included with this application.
Applicant also submits the following, responding to the items identified in the Public
Utilities Plan Completeness Checklist, dated 3/28/200�(Sanitary Sewer Issues):
Comment: Provide plans at a readable scale or provide a detail. Show existing public
sewer in 1215`Avenue on your plans.
Response: Larger plans are provided. Existing public sewer in 121 S`Avenue are shown.
See Amended Site Plan(5/19/2008)
4. Watcr Su��lv
The City of Tigard provides public water service in the area of this site. Copies of the water
supply details in the relevant area are included with this application.
Applicant also submits the following,responding to the items identified in the Public
Utilities Plan Completeness Checklist, dated 3/28/200�(Water Issues):
Comment: Show public water main in 121 S`Avenue on your plans. Can't clearly see
water lines on small plans.
Response: Public water inain in 121 S`Avenue is now shown. Larger plans are provided.
See Amended Site Plan (5/19/2008).
Comment: Show existing and proposed meters with sizes noted.
Response: Existing and proposed meters are now shown. See Amended Site Plan
(5/19/2008).
Page 20-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i233o SW i2is`Avenue;2SiogBAoo9oo
5. Fire Protection
Tualatin Valley Fire&Rescue provides fire protection services at the subject site. This
proposed minor land partition proposes a private roadway(Tract A)and private driveway(Tract B),
which together tota195 feet in length. In addition,the subject parcel is within 20o feet of an
existing fire hydrant.
Applicant also submits the following, responding to the items identified in the Public
Utilities Plan Completeness Checklist, dated 3/28/200�:
Comment: Provide a letter from TVFR for access and turnaround if not providing
sprinklers for new homes.
Response: TVFR made the following comments in an email dated 7/18/2007:
"The fire apparatus access roadway is acceptable. The location of the fire
hydrant is acceptable. The fire hydrant must be capable of supplying the
required fire flow demand for any building or buildings constructed in the
future." (Email from: John K. Dalby, Deputy Fire Marshal II Tualatin Valley
Fire&Rescue, North Division 14480 SW Jenkins Road Beaverton, OR
97005-1152 503-356-4723).
See Submittal: Email from John Dalby,North Precinct,TVFR, �/i8/2oo�.
6. Storm Sewer Improvements
Per discussion at the Pre-Application Conference,the requirement for detention of storm
water by construction of an on-site detention facility will be met by a fee in lieu of detention.
Runoff from roof areas will be collected and discharged to an approved storm sewer system. The
nearest storm sewer line to the subject site is located in SW i2i�`Avenue. A copy of the storm sewer
line grid is included with this application.
Applicant also submits the following, responding to the items identified in the Public
Utilities Plan Completeness Checklist, dated 3/28/2oo�(Storm Drainage and Water Quality
Issues):
Comment: Show public storm drainage system in 12151 Avenue on your plans.
Response: Public storm drainage system in 12151 Avenue is now shown.
See Amended Site Plan(5/19/2008).
Page 2i-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i233o SW i2is`Avenue; 2Sio3BAoo9oo
�. Uther Comments Section
The other comments in the Pre-Application Conference Notes, Engineering Section Report
relate to access and are addressed in Section II. C., Parking and Access.
Page 22-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i233o SW i2i5`Avenue; 2Sio3BAoogoo
Anderson Minor Land Partition, Case File No.MLP2oo�-0000�
Address: �2ggo SW i2i�`Avenuc
Ta�c Map No: 2Sio3BAoogoo
SUBMITTAI.S
Application for Minor Land Partition(II) (i Page; 2 sides)
Adjustment(Type I Application)for two adjustments(i page; 2 sides)
Title Transfer Instruments(i233o&i237o SW i2is`Ave. (MIS 2006-00009) (6 pages)
Legal Description of lot to be partitioned(lot created from MIS 2006-00009) (i page)
Approval Letter re: lot line adjustment, MIS 2008-0000�, dated 4/i�/zoo8 (6 pages)
Amended Narrative dated 5/i9/2oo8 (23 pages including Submittals list,plus Submittals of 46 pages,
including all items other than Amended Narrative and Submittals list)
Scaled Amended Site Plan(5/i9/2oo8) (4 copies total— 2 scaled; 2 reduced) (Section i8.�o5.o3o.B)
Preliminary Sight Distance Certification(3 pages total; i page letter; 2 maps) (Section i8.�o5.o3o.H.1)
Tree Assessment, Removal, and Mitigation letter(2 pages, 8/3i/2oo�),Tree Protection Plan(3 pages,
8/3i/2oo�),and Amended Tree Removal Map(i page, 5/i9/2oo8) (total6 pages)
As built drawings and location map of sanitary sewer lines(5 pages)
Plan and Profile(Sewer and Storm Drain elevations) (i page)
Location map of storm sewer lines(i page)
Location map of water supply lines(3 pages)
Service Provider Letter: C1eanWater Services Sensitive Area Pre-Screening Assessment(1 pagc)
Service Provider Letter: Pride Disposal(i page)
Email from John Dalby,North Precinct,TVFR dated�/i8/2oo�(1 page)
Copy of City's Completeness Review Letter dated 4/i3/2oo�(i page)
Copy of City's Public Facilities Plan Completeness Checklist dated 3/28/200�(2 pages)
Page 23-Anderson(Case File No.MLP 200�-0000�);Amended Narrative(5/i9/2oo8)
i283o SW i2is�Avenue; 2Sio3BAoo9oo
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a safe place for tree heroes
P.O. Box 668
Scappoose, OR 97056
Amended Tree Assessment, Removal and Mitigation Plan August 31, 200'7
Mary Anne Anderson
P.O. Box 23593
Tigard, Oregon 97281
Site Address: 12330 SW. 121St Avenue, Tigard, Oregon
Tree Assessment and Removal Plan
m# Common Namc Species Caliper Condition Comments
(in.)
1 Ponderosa Pine Pinus ponderosa 25.8 Good Retain as street tree
2 Red Alder Alnusglutfnosa 22.9 Good Retain
3 Red Horsechestnut Aesculus x carnea 12.4 Good Retain as street tree
4 European/White Betula pendula 33.1 Good Retain-root prune to
Birch mitigate damage to
eaisting house foundation
5 Honeylocust Gleditsia triacanthos 18.1 Fair Retain—tip dieback;tree
presently in decline
6 White Spruce Picea glauca 15.9 Fair Remove for roadway
Page 1 of 2
7 Staghorn sumac Rhus typhina 10.8 Dead Remove
8 Douglas Fir Pseudolsuga ntereziesu 32.1 Good Remove—roadway
9 Douglas Fir Pseudotsuga menzi�sii 31.2 Hazard tree Remove—included bark;
narrow branch union
10 European/White Betula pendula 17.2 Good Remove—codominant
Birch leaders
11 Douglas Fir Pseudotsuga menziesii 25.5 Good Remove
12 Southwestern Black Prunus Virgtniana 29.3 Good Retain
(Naturalized)Cherry
13 Douglas Fir Pseudotsuga menuesfi 25.8 Good Retain
14 Purple Leat Plum Prunus cerasifera 9.5 Fa'tr Remove—topped
15 Japanese Maple Acer palmatum 16 Good Retain
16 Golden chain Laburnum anagyroides 9.7 Poor Remove—topped;tree
presently io decline
j� Sweet Cherry Prunus av�um 24 Good Retain
ig Oregon Pear Pyrus communis 7 Good Remove
Total number of viable trees greater than 12 inches: 13
(Trees 1-6, 8, 10-13, 15, and 1'n
Total number of viable trees to be retained: 9
(Trees 1-5, 12-13, 15, and 1�
Percentage of retained viable trees: 69.23%
Total diameter inches to be mitigated: 90.7
Inches to be mitigated x 0.5 45.35
Total cost for mitigation if all inches are to be paid into Tree Fund: $5,668.75
Danny Luttrell Jr. ,
.�{{rb
Owner, ,
Treescape Pruning& Removal�
treeheroes.com
ISA#PN6347A
Page 2 of 2
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a safe place for tree heroes
PO Box 668 Aug 31,2007
Scappoose, OR 97056
CCB 160867
Prepared by:
Danny Luttrell
15A#PN634TA
Tree Protection Plan
Site Add�ess: 'f 2330 SW 121'`Ave, Tigard, OR 97223
I. Lons�-Term Planninq Considerations for Tree Protection:
1. Identify and number the trees to be protected, verify by mapping and/or tagging and note size in
D.B.H. (Diameter at Breast Height), variety, health, and structural conditions, review plans.
2. Engineer and design proposed structures and construction to avoid root loss. Bridge type
foundations can save major roots.
3. Design landscape islands and planting areas large enough to accommodate trees at maturity.
4. Plant the right tree in the right place. Avoid future conflicts with buildings and utilities.
5. Have an experienced arborist review landscape plan to assure that the right tree is planted in the
right ptace and proposed changes do not kill retained mature trees.
6. Consider tree removals adjacent to trees retained for wind-related stability concerns.
7. Check for past and proposed grade and drainage changes, consider the effects.
8. Check trees for stabiliry.
9. Remove all hazardous trees and trees that would not survive the effects of proposed changes.
10. Minimize environmental changes.
A. Before Construction
1. Notice to contracfors and Penalfies for violation of Tree Protection Plan: Notify all other
contractors of the trees that need to be saved and protected. Notify all other contractors of the
tree protection procedures. All contractors must know and comply with the tree protection
procedures. Misplaced trenching or other adverse actio�s can destroy the future of a tree.
a. Hold a Tree Protection Meeting with all contracto�s and fully explain the goals of tree
protection.
b. Have all sub-cont�actors sign memoranda of understanding regarding the goals of tree
protection. Such memoranda should include penalties for violating the Tree Protection
Plan, equal to the appraised value of the tree{s)within the violated tree protection zone
per the current Trunk Formula Method, as outlined by the Council for Tree& Landscape
Appraisers current edition of the Guide for Plant Appraisal. Penalty to be paid to owner
of the property.
Page 2 of 3
Tree Protection Plan
Site Address: 12330 SW 121$`Ave, Tigard,OR 97223
2. Fencing: '�
a. Establish fencing around each tree or grove of trees to be retained. Prior to commencing
any construction, all trees to be removed shall be flagged, and those designated to
remain shall have protective fencing surrounding the trees at the canopy drip-line: this
area is defined as"the root protection zone".
b. Construction activities may not begin until the owner has verified that all trees are
flagged and protected. If the protective barrier is removed at any time during
construction, the owner may issue a stop work order until such time as the protective
barriers are reestablished.
c. Fencing is to be placed at the edge of the root protection zone. Root protection zones
are to be established by the project arborist based on the needs of the site and the
tree(s) to be protected.
d. Fencing is to consist of a temporary 6-foot high fence sufficient to protect the trees and
their root systems.
e. Fencing is to remain in the position that is established by the project arborist and not to
be moved without the written permission of the project arborist until the end of the
project.
3. Signage:
a. All trees to be protected should have signage as follows so that all contractors
understand the purpose of the fencing:
b. Signage should be visible from alf sides of a tree protection area and spaced every 75
feet.
TREE PROTECTION ZONE
DO NOT REMOVE OR ADJUST THE APPROVED LOCATION
OF THIS TREE PROTECTION FENCING
B. Durinq Contruction:
1. Protection Guidelines Within the Root Protection Zone
a. No traffic shall be allowed within the root protection zone. No vehicle, heavy equipment,
or repeated foot traffic.
b. No storage or dumping of materials including, but not limited to soil, construction
materials, or waste from the site. Waste includes, but is not limited to concrete wash
out, gasoline, diesel, paint, cleaner, thinners, etc.
c. Construction trailers are not to be parked or placed within the root protection zone
without written permission from the project arborist.
d. No vehicles or equipment shall be allowed to park within the root protection zone.
e. No activity shall be allowed that will cause soil compaction within the�oot protection
zone.
f. Where construction staging is required, provide plans to indicate where materials will be
stored and how the equipment will move in and around the property to minimize damage
to the Root Protection Zone and tree canopies. Root damage and soil compaction may
be mitigated in some cases by using plywood or mulch in the Root Protection Zone.
g. Protection from Damage: The trees shall be protected from any cutting, skinning, or
breaking of branches, trunks, or roots. With prior approval of the owner the contractor
may trim low-lying tree branches from the trees to remain so that damage to the trees
by construction vehicles and other construction activities are minimized. If branches,
trunks, or roots are cut or damaged, have them inspected by an arborist and repaired or
treated according to his or her recommendations.
Page 3 of 3
Tree Protection Plan
Site Address: 12330 SW 121 st Ave, Tigard, OR 97223
2. Root Cut-Backs: If any roots that are to be cut from existing trees that are to be retained, the
project arborist shall be notified to evaluate and oversee the proper cutting of roots with sharp
cutting tools. Cuts should be clean and made at right angles to the roots: When practical, cut
roots back to a branching lateral root. Cut roots are to be immediately covered with soil or mulch
to prevent them from drying out.
3. Grade changes: No grade change should be allowed in the root protection zone without the
permission of the project arborist. At no time during or after construction should soil be in
contact with the trunk of the tree above the basal flair. In areas where the grade around the
protected tree will be lowered, some root cutting may be unavoidable. Follow Root Cut-Back
plans, above.
4. Deviations of or activities in root protection zone: Any necessary deviation from or activity in the
root protection zone shafl be cleared with the project arborist or project owner. All work
conducted in the ground within the root protection zone of any protected tree should be
accomplished with hand tools, unless an"air spade" is utilized. Trenches in the Root Protection
Zone should be tunneled, or completed with an "air spade"to avoid damage to small feeder
roots within the root protection zone.
5. Watering: Provide water to the trees during the summer months. Tree(s)that will have had root
systems cut back will need supplemental water to overcome the loss of the ability to absorb
necessary moisture during the summer months.
6. Hand digging and boring within root protection zone: Any necessary passage of utilities through
the root protection zone shall be by means of tunneling under the roots by hand digging or
boring. Cutting of roots should be avoided (i.e. place pipes and cables below uncut roots).
Wherever possible and in accordance with applicable code requirements, the same trench
should be used for multiple utilities.
C. After Const�uction:
1. Landscaping: Carefully landscape the area of the tree, being careful of the roots and structure.
No trenching should be allowed in the root protection zone without the permission of the project
arborist. Avoid cutting the roots of existing trees. Follow plan regarding Root Cut-Backs, above.
2. Irrigation: Do not plan for irrigation within the root protection zone of existing trees unless it is
drip irrigation for a specific planting or cleared by the project arborist. Provide irrigation and/o�
drainage to emulate pre-construction conditions. Avoid direct irrigation spraying onto the trunk.
The amount of irrigation needed to keep new plantings alive can be enough to kill mature trees.
3. Plantings: Use plantings that will live under the same conditions as that of the tree.
4. Pruning: Pruning of trees should be completed as one of the last steps of the landscaping
process before the final placement of trees, shrubs, ground covers, mulch, or turt. Pruning shall
be in accordance with industry standards.
5. Insects and Disease: Provide insect and disease inspection and treatment of insect and disease
populations that are capable of damaging the retained trees and plants.
6. Fertilizing, Staking, and Bracing: Fertilize, stake, and brace trees that are to be retained as
called for by the project arborist.
7. No coverage of existing root systems: Do not cover existing root systems with more than 2"of
soil.
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SP2 1' = 30'-0'
ANDERSON PARTITION
12330 SW 121st AVE,Tigard,OR 97223
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sP2 , t" = 30'-C"
ANDERSON PARTITIQN
12330 SW 121st AVE, ��igard,OR 97223
1 �
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H B H
C o n s u I t i n g
E n g i n e e r s
20015 SW Pacific Hwy, Suite 101 ■Sherwood, Oregon 97140
503/625-8065 �fax 503/625-1531
December 21, 2006
Emily Eng
City of Tigard Planning Dept. -
13125 SW Hall Blvd
Tigard, OR 97223
Re: Certification of Sight Distance
12330 SW 121 St Ave Partition
Dear Ms. Eng,
HBH Consulting Engineers, Inc. has reviewed the intersection of the proposed private
drive with SW 121St Avenue for sight distance certification. The posted speed limit in
this area is 35 mph. We reviewed the line of sight from the future vehicle location at this
intersection and found that an object 3.5' in height was visible 750 feet to the north and
350 feet to the south. There will also be a clear vision area from this location.
The required sight distance at 35 mph is 350 feet. The location meets or exceeds this
requirement in both directions. I hereby certify that the private driveway will be in
conformance with City sight distance standards.
Sincerely,
HBH Consulting Engineers, Inc.
��c�EO PROFFS
��� c�`�' G I NF `�'o�
� 5458 F 9
David K. Boatman, PE
Principal 0 GON
DKB:IrI 09��DY 25,�OP���,�
K.
EXPIRES 12/31/2007 �
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�rv� � c�. � �� � r
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-
�� � OCT � 5 7n,1F
� l;;. - - . CW$File Number 06 ' Qp 3z�f,Z —
C1eanWater Services� � �--�-� �----
Our commitmc�t �� �.r�A.. Sens ltive Area Pre-Screen lnq S ite Assessmen t
JuHsdiction Date �� 2�J _ _
Ta� Map B Tax Lot 2 Q Owne� �n
_ Aqqlicant
Slte Address S, Compa�y
( Address
Proposed Activity O - e, Cky State Zip Q 2,
r�
.� �p-� ��p 3 -}�� Phone � ,
10��__.. .._ FAx 50 5 • D
By submitting this form the Ownar, or Owner's authorized agent or representative,acknowledges
and agraes that employees ot Clean Water Sarvices have authorlty ta entAr the p�oject site at all
reasonable times fo�the purpose of inspoctirtg projece slte conditions and gatfiering ir�formation
related to the project site.
Offkli�use only below lMS I�na
Of17e1a1 uss onyr below thK Uns O1t1Ut1 vst anly below Ihk fina
Y N NA Y N NA
. ❑ (� Senslt�ve A►ea Com ite Map ��(� Stormwatar Inf�astructure maps
t{!�l ❑ MeP# �2 S I�� ❑ ❑ l.C� QS!�___���__t--
Locally adopted studias or maps OthA�
❑ ❑ � Spac�fy ❑ ❑ � Specify �
Based on a review of the above information and the requirements of Clean Water Services
Design and Censtructien Standards Resolutfo� and Order No. 04-9:
❑ Se�sitive ar2as potentlally exist on slte orwiehin 200'of tfie slte. THE APPLICANT MUST
P�RFORM A SITE CERTIFICATION PRIOR TO ISSUANCE OF A SERVICE PRaVIDER. If
Seasitive Areas exist an the site er withln 200 feet on a�djacent properties,a Natural
Resources Assessment ft¢pOrt mey also bc requlred.
� Sensitive areas do�ot appea�to exist on site or within 200'ot the site. This p�e-scree�ing
slte assessment does NOT ellminate the need to evaluate a�d protc�c!wpter qualtty
sensklve areas ii they are subsequently discovered. Tiils decumant will serve as your
Servlce Provider letter as requfred by Resolution and Order 04-9,Section�.Q2.1. Alf
�equired permits and approvals must b�obtafned and cempleted under appllcable focal,
state,and federal law.
� Tl�e proposed activiry does not rne�t the deflnkian of developmeht NO SITE ASSESSMENT
OR SERVICE PROVfD�R LETTER 15 REQUIRED.
Revlewer Cvmments:
Revlewed By: Date: � _/0��/�Q�`
Official use on!
Past-ft"Fax Note ���, ���P, �,o� Pa�a►� y
Returned tr�,�Pplicun[
To F'D"' (�i k l�Q��/�e�v Mail Fa.x�Counter
Co.�Pc+. co, �5 Date,_��/�(Q�By�
Plwrre/ Phorre N .r03 '66� '�/b0 It -- - -
Fax kSO� .J`IO — �O�C Fax�
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-DISPOSAL COMPANY
P.O. Box 820 Sherwood, OR 97140
Phone: (503) 625-6177 Fag: (503) 625-6179
October 25, 2006
Mary Anne Anderson
PO Box 23593
Tigard, OR 97281-3593
RE: 12330 SW 121�`Ave in Tigard. Partition splitting euisting property into 3 single-
family residential lots.
We have reviewed the site plan for the above mentioned partition. Per my conversation
with Mary Anne Anderson on October 25, 2006, the parcels that are being added will be
accessed by a private drive. These residents will need to bring their receptacles to the
curb ofthe public street at 121�`. The e�sting property will also be expected to bring their
receptacles to the curb ofthe public street at 121�`.
If you have any additional questions, feel free to contact me.
Sincerely,
�,YC�rL�
Kristin Leichner
Pride Disposal Company
kristinl@pridedisposal.com
(503) 625-6177 *124
1'"t � � ,�,�_._.
Submittal: Text of email from John Dalby,dated 7/18/2007
Re: Anderson; Case File No. MLP 2007-00007
Subject: RE: TVFR Approval / Comments on Proposed Partition at
12330 SW 121st Avenue Date: Wed, 18 Jul 2007 13: 21: 43 -0700
From: "Dalby, John K. " <John. Dalby@tvfr.com>
To: "Mary Anne Anderson" <thinkanderson@yahoo. com>
Ms. Anderson,
The fire apparatus access roadway is acceptable.
The Iocation of the fire hydrant is acceptable.
The fire hydrant must be capable of supplying the required fire flow
demand for any building or buildings constructed in the future.
John K. Dalby, Deputy Fire Marshal II
Tualatin Valley Fire & Rescue, North Division
14480 SW Jenkins Road
Beaverton, OR 97005-1152
503-356-9723
-----Original Message-----
From: Mary Anne Anderson [mailto:thinkanderson@yahoo.com]
Sent: Wednesday, July 18, 2007 1:12 PM
To: Dalby, John K. ; thinkanderson@yahoo.com
Subject: Fwd: TVFR Approval / Comments on Proposed Partition at 12330 SW
121st Avenue
It �ppears I may have sent this to an incorrect address -- Please see
attached -- I need to get a response from TVFR re: my proposed
partition.
Please let me know if you need anything further.
Sincerely, Mary Anne Anderson .
(503} g84-4880
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sa, �'= 30'-0'
ANDERSON PARTITION
12330 SW 121st AVE,Tigard,OR 97223
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` sP� -,- 1„ = 30'-0" ---
ANDERSON PARTITION
12330 SW 121st AVE, T�gard,OR 97223
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� ' � ���� SiTE P�,�ri AMENDED 05�19�08
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ANDERSON PARTITION
12330 SW 121st AVE, Tigard,OR 97223
PRE-APPLICATI�N
" " � CONFEREI�CE REQUEST
C1TY O� TIGARD 13125 SW Ha118lvd., Tigard, OR 97223(503) 639-4171 FAX: (503) 684-7297
GENERAL INFORMATION
I ^ FOR STAFF USE ONLY
Applicant: � � L �i ,�G l{1 � `'� r ti E(�17
Address: ,' � 2 � , Phone:��d�J �9� ���!�J Case No.:��e�{� _�ay�
Ciry� � 0 i'E�� C�7" Zip: ���1X� Receipt No.:
Contact Person: � �� Phone:��O3 p ���'��; Application Accepted By: �
,�1,( �� Date: � �Z��� �,
Property Owner/Deed Holder(s): .
DATE OF PRE-APP.: ��Z b S�
' ^� a TIME OF PRE-APP.: G �J I�w`
! �
Address: Phone:
PRE-APP. HELD WITH:
CItY: Z�P� Rev.7/1/OS i:\curpinlmasterslrevisedlPre-AppRequest.doc
Property AddresslLocation(s):_�L�J(� �: �.�,� �� ��
C� 1 ' L � �2 � � ' 1'/� REQUIRED SUBMITTAL ELEMENTS
� 2 ���� (Note: applications will not be accepted
withoutthe required submittal elements)
Tax Map &Tax Lot#(s): 2 5� v� � ��/ Q .
Zoning:_ 7) �: � �Pre-Application Conf. Request Form
Site Size: � �'� COPIES EACH OF THE FOLLOWING:
Brief Description of the Proposal and
PRE-APPLICATION CONFERENCE INFORMATION any site-specific questions/issues that
you would like to have staff research
Ail of the information identified on this form are required to be Prior to the meeting.
submitted by the appiicant and received by the Planning Division a �Site Plan. The site plan must show the
minimum of one (1) week prior to officiallv schedulinq a proposed lots and/or building layouts
pre-application conference date/time to allow staff ample time to drawn to scale. Also, show the location
prepare for the meeting. of the subject property in relation to the
nearest streets; and the locations of
A pre-application conference can usually be scheduled within 1-2 driveways on the subject property and
weeks of the Planning Division's receipt af the request for either across the street.
Tuesdav or Thursdav mornings Pre-application c�nferences are �The Proposed Uses.
one (1) hour lonq and are typicaliy held between the hours of �Topographic Information. Include
9:00-11:00 AM. Contour Lines if Possible.
PRE-APPLICATION CONFERENCES MUST BE SCHEDULED IN � If the Pre-Application Conference is for
PERSON AT THE COMMUNITY DEVELOPMENT COUNTER FROM a MONOPOLE project, the applicant
8:00-4:OO/MONDAY-FRIDAY. must attach a copy of the letter and
proof in the form of an affidavit of
IF MORE THAN 4 PEOPLE ARE EXPECTED TO ATTEND THE mailing, that the collocation protocol
PRE-APPLICATION CONFERENCE IN YOUR GROUP, PLEASE Was completed (see Section 18.798.080
INFORM THE CITY IN ADVANCE SO THAT ALTERNATE ROOM of the Tigard Community Development
ARRANGEMENTS CAN BE MADE TO ACCOMMODATE THE Code).
GROUP. ❑ Filing Fee $351.00
September2006 / � � Q/�/ � October2006
S M T W T F S / S M T W T F 3
1 2 / 1 2 3 4 5 6 7
3 4 5 6 7 8 9 �y 8 9 10 11 12 13 14
10 17 12 13 14 15 16I 15 16 17 18 19 20 21
�I17 18 19 20 21 22 23 �22 23 24 25 26 27 28
24 z5 26 2� 28 29 3o Thursda Se tember 21 2006 Z9 30 3,
-Pre-A s CD Meetin s
Early
8:00 AM
9:00 AM � (9:00 AM- 10:00 AM) Mary Anderson 503-984-4880 12330 SW 121st 3-lot MLP
10:00 AM
11:00 AM
12:00 PM
1:00 PM
2:00 PM
3:00 PM
4:00 PM
Late
Tasks
Notes
•
�
Kristie Peerman 1 8/30/2006-3:42 PM
Anderson Minor Land Partition — i233o SW 12i�Avenue
and portion of former i237o SW i2i�Avenue
(following lot line adjustment, as approved in Case No. MIS 2006-0009}
May 2b, 2oob
I. Brief description of the project:
On May i6, 2006, applicants' request for a lot line adjustment was
approved. See, Case No. MIS2oo6-00009 (copy of approval included with
this application). Applicant anticipates recording new legal descriptions
and setting survey pins within the ne�month.
Applicant proposes a minor land partition to split the newly-enlarged
parcel iocated at i233o SW 121�Avenue into three parcels. A copy of the
preliminary map, showing the newly-enlarged parcel and new proposed lot
lines drawn in by applicants is enclosed with this application.
The property is located in an R 4.5 zone. One parcel will be created
by placing a new lot line at the minimum rear-yard setback (i5 feet) behind
the existing home. Another parcel will be created on the availabie portion
of the property with the highest elevation which meets the minimum lot
si�e in this zone (�,50o square feet); applicants plan to construct their
residence on that parcel. The third parcel will be comprised of the property
remaining after creation of the other two parcels. No new access points to
i2i�` Avenue are requested; access will be via an existing driveway which
serves i233o SW i21�Avenue. Utilities are available at 121�Avenue.
II. Site-specific issues
Applicants request assistance in identifying all applicable criteria for
this minor land partition at the pre-application conference.
iiI. Proposed uses:
Applicants plan to build their residence on the newly-created �,500
square foot lot. The �roperty is in an R�}.5 zor�e, which permits the
construction of detached single-family residential dwellings. No change of
use is proposed, and no variance from outright permitted uses is requested.
.
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should be venfied wilh the�evelopment Services Divigion.
I b 'lJ69 13125 5W Hall 81vd
i
12630 �1� 8 ;�� Tigard,OR 97223
� � �, � � � � � 72615 i�i l.� (so31s3aai�a
(nj http://www.ci.tigard.or.us
Community Development Plot date:May 22,2006;C:lmagiclMAGIC07.APR
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NOTICE OF TYPE I DECISION
�
LOT LINE ADJUSTMENT (MIS) 2006-00009 :
ANDERSON LOT LINE ADJUSTMENT � � �
120 DAYS =9/9/2006
SECTION I. APPLICATION SLJMMARY
FILE NAME: ANDERSON LOT LINE AD USTMENT
CASE NO.: Lot Line justment MIS S2006-00009
PROPOSAL: The applicant proposes to adjust one (1) lot line, which will reconf�'gure two (2)
different lots. The two lots are commonly owned and located on SW 121�` Street,
north of Walnut Street and South of Ann Street. The applicant desires to adjust
part of the lot line separating L,ots 1 and 2. Lot 1 is 36,b00 square feet and will
become 42,167 square feet; Lot 2 is 14,572 square feet w i ll become 9,006 square
feet.
APPLICANTS: Aiuie and Edw�ard L.Andeison
P�ox 23593
Tigard,OR 97281
OWNER LOT 1: Same as applicants.
LOT 2: Same as applicants.
LOCATIONS: LOT 1: WCI�VI 2S103BA,Tax Lot 00900, 12330 SW 1215`Avenue.
(36,600 square feet)
LOT 2: WCI�VI 2S103BA,Tax L.ot 01002, 12370 SW 1215`Avenue.
(14,572 square feet)
COMI'REHENSIVE
PLAN
DESIGNATION: Low densityresidentiaL
ZONING: 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 minunum lot size of 7,500 square feet. Duplexes and
attached single-family units are pernutted conditionally. Some civic and
i.nstitutional uses are also pernzitted conditionally.
APPLICABLE
RE VIE W
CRITERIA: CommunityDevelopment Code Chapteis 18.390, 18.410, 18.430 and 18.510.
SECTION II. DECISION
Notice is hereby �iven that the City of T'�ard Community Development Director's desi�nee has
APPROVED the above request subject to certain conditions of approval. The findin�s and conclusions
on wiuch the decision is based are noted in Section IV.
NOTT(E OF TYI'E I DEQSION
MIS2006-00009-ANDERSON LOT LINE ADJUSTMENf PAGE 1 OF 4
CONDITIONS OF APPROVAL
THE FOLLOWING CONDITIONS SHALL BE SATISFIED WITHIN 18 MONTHS OF
THIS DEQSION:
U ess o erwise note , e sta contact s a e Erru y Eng in e P anrung Division at 503
718-2712.
l. The applicant shall record the lot line adjustment with Washin�t on County and submit a copy
of the recorded survey map to the City,to be incorporated into the record.
2. The applicant shall submit the cop y of the recorded lot line adjustment survey ma�p to the City
within 15 days of recording and shall be completed prior to the issuance of any buiiding pemuts
on the re-configured lots.
THIS APPR4VAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SE CTION III. BACKGROUND INFORMATION
Site Inf orination:
Lot 1 � Lot 00900) and Lot 2 (Tax Lot 01002) are located on SW 1215t Avenue, between Walnut
Street and Anna Street,within Tigard's Incorporated Boundary. One dwelling exists on each lot.
Pro�osal Descri�tion:
The apphcant proposes to adjust one (1) lot line, which will reconfigure two (2) different lots. The
�ap licant desires to adjust art of the lot line separating Lots 1 and 2. Lot 1 is 36,600 square feet and
become 42,167 square�eet;Lot 2 is 14,572 square �eet will become 9,006 square feet.
SECTION IV. APPLICABLE REVIEW CRITERIAAND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
LOT LINE ADJUSTMENT - APPROVAL STANDARDS: Section 18.410.040 contains the
following standards �or approval o a Lot Line Adjustment reques�
Section 18.410.040 - Approval Criteria states that the Director shall approve or deny a request
for a lot line adjustment in writing based on findings that the following cnteria are sabsfied:
An additional parcel is not created by the lot line ad'ustrnent, and the existing parcel reduced
in size by the adjustments is not reduced below �e minimum lot size established by the
zoning district;
No new parcel is created. Two (2) lots e�ust and two (2) lots will remaui.
By reducing the lot size the lot or structures(s) on the lot will not be in violation of the site
development or zoning c�istrict regulations for that district;
The min;mum lot size in an R 4.5 zone is 7,500 square feet for detached single-family dwelling units.
The existing two lots exceed the ininimum lot size reqwred by the code and the resulting two lots will
also exceed the miiumum lot size. Existing dwellings will not be in violation of zoning regulations.
The resulting parcels are in conformity with the dimensional standards of the zoning district,
inc luding:
. The minimum width of the building envelope area shall meet the lot requirement of the
applicable zoning district;
. The lot area shaIl be as required by the applicable zonin� distric� In the case of a flag
lot,the access way may not be included in the lot area caI�culation•
. Each lot created tlu�ough the partition process shall fmnt a pu�ilic right-of way by at
least 15 feet or have a legally recorded mirumum 15-foot wide access easement; and
NOTIC�OF TYPE I DEQSION
MIS2006-00009-A1�IDERSON LOT LINE ADJUSTMENT PAGE 2 OF 4
, Setbacks shall be a� required by the applicable zoning disu7ct.
The resulting parcels would be in conformity with dimensional standards. The e�usting dwellings are
cun-ently in conf ormity and would rema.in that way.
With re ard to flag lots:
. �en the partitioned lot is a flag lot, the developer may detemune the location of the
front yard, provided that no side yard is less than 10 feet� Structures shall generally be
located so as to maxirruze separat�on from etusting structures.
. A screen shall be provided along the property line of a lot of record where the paved
drive in an access way is located witlun ten feet of an abutting lot in accordance with
Section 18.745.040. Screening may also be required to maintain privacy for abutting lots
and to provide usable outdoor recreation areas for proposed development
Neither lots are flag lots and no flag lots would result from the proposed lot line adjustment. These
standards are not applicable.
The fire district may require the installation of a fire hydrant where the length of an access way
would have a detrimental effect on fire-fighting capablities.
The applicant does not propose a change to access ways.
Where a common drive is to be provided to serve more than one lot, a reciprocal easement
which will ensure access and maintenance rights shall be recorded with the approved partition
map.
The applicant does not propose a common drive.
Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress,
and Circulation.
The applicant does not propose to create new access ways.
Exemptions from dedications:
A lot line ad'ustrnent is not considered a development action for purposes of determining
whether floo�plain, greenway, or right-of-way dedication is required.
The proposed lot line adjustment is not a development action. Therefore, no dedications are required.
Variances to development standards•
An ap lication for a variance to the standards prescribed in this chapter shall be made in
acco�nce with Chapter 18.370,Variances and Adjustments.
The applicant does not request a variance.
FINDING: Based on the analys is above, Staff finds that the Lot Line Adjustment criteria have been
met f or Lots 1 and 2.
SECTION V. PROCEDURE AIVD APPEAL INFORMATION
Notice was mailed to the applicant/owners.
Final Decision:
A Lot Line Adjusunent is a Type I procedure. As such, the Director's decision is final on the date it is
mailed or othervvise provided to the a�plicant, whichever occurs first. The Director's decision may not
be appealed locally and is the f inal dec�sion of the City.
THIS DECISION IS FINAL ON MAY 16, 2006,
AND BE COME S E FFE CTIVE ON MAY 17, 2006.
NOTT�OF TYPE I DEQSION
MIS2006-00009-ANDERSON LOT I.IIVE ADJUSTMENT PAGE 3 OF 4
uestions:
If you have any quesrions, please contact Emily Eng at (503) 718-2712, City of Tigard Planning
Division,Tigard City Hall, 13125 SW Hall Boulevard,Tigard, OR 97223.
Ma� 15, 2006
P Y. � y Eng DATE
Assistant Planner
NOTTCE OF'I'YPE I DECISION
MIS2006-00009-ANDERSON LOT LINE AD)USTMENT PAGE 4 OF 4
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PRE-APPLICATION CONFEREHCE NOTES � '
➢ EHGINEERING SECTION Q ��,„nge�,Orogan
�'ommunity�➢eveCopment
Sfia � A Better�ommuni
PUBLIC FACILITIES Tex Mep[sl: 2S103BA
rax�oasl: 900
Use i�ype: 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-way dedication:
The City of Tigard requires that land area be dedicated to the public:
(1.) To increase abutting public rights-of-way to the ultimate functional street classification
right-of-way width as specified by the Community Development Code; or
(2.) For the creation of new streets.
Approval of a development application for this site will require right-of-way dedication for:
� SW 1215�Avenue to 35 feet from centerline (3-lane Collector)
❑ SW to feet
❑ SW to feet
❑ SW to feet
Street improvements:
� Half street improvements will be necessary along SW 1215t Avenue, to include:
� 23 feet of pavement from centerline
� concrete curb
� storm sewers and other underground utilities
� 6-foot concrete sidewalk with 5 foot planter strip
� street trees sized and spaced per TDC
� street signs, tra�c control devices, streetlights and a two-year streetlight fee.
❑ Other:
CITY OF TIGARD Pre-Application Comerence Motes Page 1 ef 6
EnWneering D�aarbne�rt E�ctl�n
� Full street improvements will be necessary along SW Private street, to include:
� 20 feet of pavement in a Tract
� concrete curb
� storm sewers and other underground utilities
� 5-foot concrete sidewalk on one side, in an easement
� street trees sized and spaced per TDC
� street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
❑ Other:
❑ street improvements will be necessary along SW , to include:
❑ feet of pavement
❑ concrete curb
❑ storm sewers and other underground utilities
❑ -foot concrete sidewalk
❑ street trees
❑ street signs, traffic control devices, streetlights and a two-year streetlight fee.
CIi110F TIGAR� Pre-Applicatlon Co�erence Notes Page 2 of 6
Engtne�ring D�pe�tm�M SscUsn
❑ 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.) 121Sr Avenue, excluding street trees
�2.)
Overhead Utility Lines:
❑ Section 18.810.120 of the Tigard Municipal Code (TMC) requires all overhead utility lines
adjacent to a development to be placed underground or, at the election of the developer, a
fee in-lieu of undergrounding can be paid. This requirement is valid even if the utility lines
are on the opposite side of the street from the site. If the fee in-lieu is proposed, it is equal to
$ 35.00 per lineal foot of street frontage that contains the overhead lines.
There are existing overhead utility lines which run adjacent to this site along SW
Prior to , the applicant shall either place these utilities underground, or pay the fee in-
lieu described above.
Sanitary Sewers:
The nearest sanitary sewer line to this property is a(n) 8 inch line which is located in 1215� Avenue.
The proposed development must be connected to a public sanitary sewer. It is the developer's
responsibility to extend the public sewer to serve the development or provide three private laterals
from the main line in 121 S Avenue.
Water Supplv:
The Citv of Tigard (Phone:(503) 639-4171) provides public water service in the area of this site. This
service provider should be contacted for information regarding water supply for your proposed
development.
Fire Protection:
Tualatin Valley Fire and Rescue District (South Division) [Contact: Eric McMullen, (503) 612-7010]
provides fire protection services within the City of Tigard. The District should be contacted for
information regarding the adequacy of circulation systems, the need for fire hydrants, or other
questions related to fire protection.
CIT110F TIGARD Pre-Application Cor�erence Notes Page 3 of 6
Englnesring Depar[me�n Ssctlm
Storm Sewer Improvements:
All proposed development within the City shall be designed such that storm water runoff is conveyed
to an approved public drainage system. The applicant will be required to submit a proposed storm
drainage plan for the site, and may be required to prepare a sub-basin drainage analysis to ensure
that the proposed system will accommodate runoff from upstream properties when fully developed.
A fee-in-lieu of detention will be allowed. Runoff from roof areas and private street must be collected
and discharged to an approved public storm sewer system.
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 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 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.
9) ?8.705.�30.H.1 Must provide preliminary sight distance certification for private street intersection
with 121 St Avenue with the Land Use application for completeness.
2) 18.705.030.H.2 Must address this section with regards to the influence area of a Collector
intersection.
3) 18.705.030.H.3 The proposed privafe streef does not meet the minimum 200 feet spacing standard.
The applicant will be required to apply for an adjustment fo this standard.
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
CITY OF T16ARD Pre-Applicatlon Conference Notes Page 4 of 6
Engfnasring oepartm�M SecUan
the TIF is based on the propc ' use of the land, the size of the pr �t, and a general use based fee
category. The TIF shall ►. „alculated at the time of buildi�.,, 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 fee.
PERMITS
Public Facility Improvement (PFI) Permit:
Any work within a public right-of-way in the City of Tigard requires a PFI permit from the Engineering
Department. A PFI permit application is available at the Planning/Engineering counter in City Hall.
For more extensive work such as street widening improvements, main utility line extensions or
subdivision infrastructure, plans prepared by a registered professional engineer must be submitted for
review and approval.
The Engineering Department fee structure for this permit is considered a cost recovery system. A
deposit is collected with the application, and the City will track its costs throughout the life of the
permit, and will either refund any remaining portion of the deposit, or invoice the Permittee in cases
where City costs exceeds the deposit amount. NOTE: Engineering Staff time will also be tracked for
any final design-related assistance provided to a Permittee or their engineer prior to submittal of a PFI
permit application. This time will be considered part of the administration of the eventual PFI permit.
The Permittee will also be required to post a performance bond, or other such suitable security.
Where professional engineered plans are required, the Permittee must execute a Developer/Engineer
Agreement, which will obligate the design engineer to perForm the primary inspection of the public
improvement construction work. The PFI permit fee structure is as follows:
NOTE: If an PFI Permit is required,the applicant must obtain that
permit prior to release of any permits from the Building Diuision.
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.
CITY OF T16ARD Pre-Application Co�erence Notes Page 5 of 6
Englneering Uepartment Sectlon
Master Permit (MST). . _.� permit is issued for all single and �...�Iti-family buildings. It covers all
work necessary for building construction, including sub-trades (excludes grading, etc.). This
permit can not be issued in a subdivision until the public improvements are substantially
complete and a mylar copy of the recorded plat has been returned by the applicant to the City.
For a land partition, the applicant must obtain an Engineering Permit, if required, and return a
mylar copy of the recorded plat to the City prior to issuance of this permit.
Other Permits. There are other special permits, such as mechanical, electrical and plumbing
that may also be required. Contact the Development Services Counter for more information.
GRADING PLAN REQUIREMENTS FOR SUBDIVISIONS
All subdivision projects shall require a proposed grading plan prepared by the design engineer. The
engineer will also be required to indicate which lots have natural slopes between 10% and 20%, as
well as lots that have natural slopes in excess of 20%. This information will be necessary in
determining if special grading inspections will be required when the lots develop. The design engineer
will also be required to shade all structural fill areas on the construction plans. In addition, each
homebuilder will be required to submit a specific site and floor plan for each lot. The site plan shall
include topographical contours and indicate the elevations of the corners of the lot. The builder shall
also indicate the proposed elevations at the four corners of the building.
PREPARED BY: ' - • 6 �o
EN6INEERING DEPARTMEN STAFF DATE
Phone: [5031639-4111
Fex: [5031624-0752
document3
Revised: September 2,2003
CITII OF i16ARD Pr�-Applicatlon Cor�er�nce Notes Page 6 of 6
Enpinnrlag D�p�r[m��S�ctl�n
�ITY OF TIGARD
.�
PRE-APPLICATION CONFERENCE NOTES °
(Pre-Application Meeting Notes are Valid for Six (b) Months)
�. — �,
; PRE-APP.MTG.DATE: � 1.7U�
STAFF AT PRE-APP.: � CS� IMI
�_ __ ____�_ RESIDENTIAL
APPLICANT: Qr h� � �c.� c er.�'�� AGENT: S�u►'i �
Phone: (� a g'" - 4�,�o Phone: ( )
PROPERTY LOCATION:
ADDRESS/GENERAL LOCATION: � �� �?U �t.L) I � � �� /���
TAX MAP(S)/LOT #(S): S t C�� l3� D��t pv
NECESSARY APPLICATIONS: ��i,<<v��r (s�;,�d }�a,�4-i t-i ov ( •f`'L L.t'1
PROPOSAL DESCRIPTION: �;,,;d� o,�� (c� � �1-u 3 (�t.�
COMPREHENSIVE PLAN
MAP DESIGNATION: �u� ,�e�t s: �y res , de c�h c� (
ZONING MAP DESIGNATION: �Z - �•S
ZONING DISTRICT DIMENSIONAL REQUIREMENTS [Refer to Code Section 18. 3�v l
MINIMUM LOT SIZE:�S�`� sq. ft. Average Min. lot width:�ft. Max. building height: .'�!� ft.
SetUacks: Front_,?sZ ft. Side �ft. Rear l5 ft. Corner I 5 ft. from street.
MAXIMUM SITE COVERAGE: ��% Minimum landscaped or natural vegetation area: C� %.
GARAGES: v2 D ft.
❑ NEIGHBORHOOD MEETING [Refer to the Neighborhood Meeting Handoutl
THE APPLICANT SHALL NOTIFY ALL PROPERTY OWNERS WITHIN 500 FEET, INTERESTED
PARTIES, AND THE CITY OF TIGARD PLANNING DIVISION of their proposal. A minimum of two
(2) weeks between the mailing date and the meeting date is required. Please review the Land Use
Notification handout concerning site posting and the meeting notice. Meeting is to be held prior to
submittinp 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
Residential Application/Planning Division Section
, �, ,
� NARRATIYE [Refer to Code Chapter 18.3901
The APPLICANT SHALL SUBMIT A NARRATIVE which provides findings based on the applicable
approval standards. Failure to provide a narrative or adequately address criteria would be reason to
consider an application incomplete and delay review of the proposal. The applicant should review
the code for applicable criteria.
� IMPACT STUDY [Refer to Code Sections 18.390.040 and 18.390.0501
As a part of the APPLICATION SUBMITTAL REQUIREMENTS, applicants are required to INCLUDE
AN IMPACT STUDY with their submittal package. The impact study shall quantify the effect of the
development on public facilities and services. The study shall address, at a minimum, the
transportation system, including bikeways, the drainage system, the parks system, the water system,
the sewer system and the noise impacts of the devefopment. 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 projected impacts of the development.
� ACCESS [Refer to Chapters 18.105 and 18.7651
Minimum number of accesses: J Minimum access width: �U �`t
Minimum pavement width: a?J �F
❑ 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 CALCULATION [Refer to Code Chapter 18.7151-SEE EKAMPLE 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: �sn ,-►-•�� ^�'�/w```x
➢ Land within the 100-year floodplain; y�,b 7 s� �sJ
➢ Slopes exceeding 25%; , y
➢ Drainageways; and — g*w�3
➢ Wetlands for the R-1, R-2, R-3.5, R-4.5 and R-7 zoning districts. 33 ,13`f ;F r e fi
Public riqht-of-way dedication: : � S ov
➢ Single-family allocate 20% of gross acres for public facilities; or � �
➢ Multi-family allocate 15% of gross acres for public facilities; or � u`"�' ��X
➢ If available, the actual public facility square footage can be used f eduction. 3 � �,,;rs M��
EKAMPLE Of RESIDENTIAL DENSITY CALCULATIONS:
EXAMPLE: USING A ONE ACRE SITE IN THE R-12 ZONE(3,050 MINIMU OT SIZE)WITH NO DEDUCTION FOR SENSITIVE LANDS
-- __
_._ _
- Single-Family Multi-Family
43,560 sq. ft. of gross site area 43,560 sq.ft. of gross site area
8,712 s4.ft. (20%)for public riqht-of-wav _6,534 sq.ft. (15%)for public riqht-of-wav
NET: 34,848 square feet NET: 37,026 square feet
- 3 050 (minimum lot area) - _3,050 (minimum lot area)
= 11A Units Per Acre = �.1 Units Per Acre
�The�euelopment Code requires that the net site area exlst for the next whole dwelling unit NO ROUNOfNG UP IS PERMITTED.
�Minfmum Prolect Denslry Is 80%o(the maximum allowed density.TO DETERMINE TNIS STANDARO,MULiIPIY THE MA1lIMUM NUMBER OF UNITS BY.B.
CITY OF TIGARD Pre-Application Conference Notes Page 2 of 9
Residential Application/Planning Division Section
' • ' ,
❑ SPECIAL SETBACKS [Refer to L ,Secvon 18.7301
➢ STREETS: feet from the centerline of
➢ FLAG LOT: A TEN (10)-FOOT SIDE YARD SETBACK applies to all primary structures.
➢ ZERO LOT LINE LOTS: A minimum of a ten (10)-foot separation shall be maintained
between each dweliing 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 structures'setback requiremenis.l
❑ FLAG LOT BUILDING HEIGHT PROYISIONS [Refer to Code Chapter 18.1301
MAXIMUM HEIGHT OF 1'/2 STORIES or 25 feet, whichever is less in most zones; 2'/2 stories, or 35
feet in R-7, R-12, R-25 or R-40 zones provided that the standards of Section 18.730.010.C.2 are
satisfied.
� BUFFERING AND SCREENING [Refer to Code Chapter 18.145]
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 only be occupied by
vegetation, fences, utilities, and walkways. Additional information on required buffer area materials
and sizes may be found in the Development Code.
The ESTIMATED REQUIRED BUFFERS applicable to your proposal area is:
Buffer Level along north boundary. Buffer Level along east boundary.
Buffer Level along north boundary. Buffer Level along east boundary.
�IN ADDITION, SIGHT OBSCURING SCREENING IS REQUIRED ALONG: GU� r b� f
v-� �'-�- ���`
� LANDSCAPING [Refer to Code Chapters 18.145,18.765 and 18.705]
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.
� RECYCLING [Refer to Code Chapier 18.7551
Applicant should CONTACT FRANCHISE HAULER FOR REVIEW AND APPROVAL OF SITE
SERVICING COMPATIBILITY. Locating a trashlrecycling 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. �g ' _ _ c Q e � �# (503)
625-6177. ,�� �r�� �ov+c4.�c (e�.�
CITY OF TIGARD Pre-Application Conference Notes Page 3 of 9
Residen6al ApplicatioNPlanning Division Secbon
� �,, PARKING [Refer to Code Chap. , 18.765 a 18J051
ALL PARKING AREAS AND DRIVEWAYS MUST BE PAVED.
� Single-family............ Requires: One 1 off-street parking space per dwelling unit; and
One �1� space per unit less than 500 square feet.
➢ Muitiple-family.........Requires: 1.25 spaces per unit for 1 bedroom;
1.5 spaces per unit for 2 bedrooms; and
1.75 spaces per unit for 3 bedrooms.
Multi-family dwelling units with more than ten (10) required spaces shall provide parking for the use of
guests and shall consist of 15% of the total required parking.
NO MORE THAN 50% OF REQUIRED SPACES MAY BE DESIGNATED AND/OR DIMENSIONED
AS COMPACT SPACES. Parking stalls shall be dimensioned as follows:
➢ Standard parking space dimensions: 8 feet. 6 inches X 18 feet, 6 inches.
➢ Compact parking space dimensions: 7 feet. 6 inches X 16 feet, 6 inches.
➢ Handicapped parking: All parking areas shall provide appropriately located and dimensioned
disabled person parking spaces. The minimum number of disabled person parking spaces to
be provided, as well as the parking stall dimensions, are mandated by the Americans with
Disabilities Act (ADA). A handout is available upon request. A handicapped parking space
symbol shall be painted on the parking space surface and an appropriate sign shall be
posted.
0 BICYCIE RACKS [Refer to Code Section 18.7651
BICYCLE RACKS are required FOR MULTI-FAMILY, COMMERCIAL AND INDUSTRIAL
DEVELOPMENTS. Bicycle racks shall be located in areas protected from automobile traffic and in
convenient locations.
❑ SENSITIYE LANDS [Refer to Code Chapter 18.T151
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 resqonsibility to precise�
identify sensitive land areas, and their boundaries, is the responsibility of the applicant. Areas
meetinq the definitions of sensitive lands must be clearly indicated on plans submitted with the
development application.
Chapter 18.775 also provides regulations for the use, protection, or modification of sensitive lands
areas. RESIDENTIAL DEVELOPMENT IS PROHIBITED WITHIN FLOODPLAINS.
❑ STEEP SLOPES [Refer to Code Section 18.775.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 SERYICES[CWSI BUFFER STANDARDS [Refer to R&0 96-44/USA Regulations-Chapter 3l
LAND DEVELOPMENT ADJACENT TO SENSITIVE AREAS shall preserve and maintain or create a
vegetated corridor for a buffer wide enough to protect the water quality functioning of the sensitive
area.
Desian 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 Application/Planning Division Section
� �BLE 3.1 VEGETATED CORRIDOR WIDTHS
SOURCE: CWS DESIGN AND CONSTRUCTION STANDARDS MANUAL/RESOlUTION a ORDER 96-44
SENSITIVE AREA DEFtNITION SLOPE ADJACENT� WIDTH OF VEGETATED
TO SENSITIVE AREA CORRIDOR PER SIDE
• Streams with intermittent flow draining: <25%
� 10 to <50 acres 15 feet
� >50 to <100 acres 25 feet
• Existing or created wetlands <0.5 acre 25 feet
• Existing or created wetlands >0.5 acre <25% 50 feet
♦ Rivers, streams, and springs with year-round flow
♦ Streams with intermittent flow draining >100 acres
• Natural lakes and onds
♦ Streams with intermittent flow draining: �25�
� 10 to <50 acres 30 feet
� >50 to <100 acres 50 feet
• Existing or created wetlands >25% Variable from 50-200 feet. Measure
• Rivers, streams, and springs with year-round flow in 25-foot increments from the starting
+ Streams with intermittent flow draining >100 acres point to the top of ravine (break in
♦ Natural lakes and ponds <25%slope), add 35 feet past the top
of ravine'
Starting point for measurement = edge of the defined channel (bankfui flow) for streams/rivers, delineated wetland boundary, delineated spring
boundary, andlor average high water for lakes or ponds,whichever offers greatest resource protection. Intermittent springs, Iocated a minimum of 15
feet within the river/stream or wetland vegetated corridor,shall not serve as a starting point for measurement.
ZVegetated corridor averaging or reduction is allowed only when the vegetated corridor is certified to be in a marginal or degraded condition.
3The vegetated corridor extends 35 feet from the top of the ravine and sets the outer boundary of the vegetated corridor. The 35 feet may be reduced to
15 feet,if a stamped geotechnical report confirms slope stability shall be maintained with the reduced setback from the top of ravine.
Restrictions in the 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 Construcfion Sfandards.
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.
❑ SIGNS [Refer to Code Chapter 18.7801
SIGN PERMITS MUST BE OBTAINED PRIOR TO INSTALLATION OF ANY SIGN in the City of
Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or
height beyond Code standards may be permitted if the sign proposal is reviewed as part of a
development review application. Alternatively, a Sign Code Exception application may be filed for
Director's review.
� TREE REMOVAL PLAN REQUIREMENTS [Refer to Code Section 18.790.030.C.1
A TREE PLAN F�R THE PLANTING, REMOVAL AND PROTECTION OF TREES prepared by a
certified arborist shall be provided for any lot, parcel or combination of lots or parcels for which a
development application for a subdivision, partition, site development review, planned development,
or conditional use is filed. Protection is preferred over removal where possible.
CITY OF TIGARD Pre-Application Conference Notes Page 5 of 9
Residential ApplicatioNPlanning Division Section
� THE TREE PLAN SHALL ;LUDE the following:
➢ Identification of the location, size, species, and condition of all existing trees greater than 6-
inch caliper.
➢ Identification of a program to save existing trees or mitigate tree removal over 12 inches in
caliper. Mitigation must follow the replacement guidelines of Section 18.790.060.D according
to the following standards and shall be exclusive of trees required by other development code
provisions for landscaping, streets and parking lots:
. Retainage of less than 25% of existing trees over 12 inches in caliper requires a
mitigation program according to Section 18.150.070.D. of no net loss of trees;
. Retainage of from 25 to 50% of existing trees over 12 inches in caliper requires that
two-thirds of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of from 50 to 75% of existing trees over 12 inches in caliper requires that
50% of the trees to be removed be mitigated according to Section 18.790.060.D.;
. Retainage of 75% or greater of existing trees over 12 inches in caliper requires no
mitigation;
➢ Identification of all trees which are proposed to be removed; and
➢ A protection program defining standards and methods that will be used by the applicant to
protect trees during and after construction.
TREES REMOVED WITHIN THE PERIOD OF ONE (1) YEAR PRIOR TO A DEVELOPMENT
APPLICATION LISTED ABOVE will be inventoried as part of the tree plan above and will be
replaced according to Section 18.790.060.D.
� MITIGATION [Refer to Code Section 18.790.060.E.1
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 �ity, 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 18.1951
The City requires that CLEAR VISION AREAS BE MAINTAINED BETWEEN THREE (3) AND
EIGHT (8) FEET IN HEIGHT at road/driveway, road/railroad, and road/road intersections. The size
of the required clear vision area depends upon the abutting street's functional classification and any
existing obstructions within the clear vision area. The applicant shall show the clear vision areas on
the site plan, and identify any obstructions in these areas.
CITY OF TIGARD Pre-Application Conference Notes Page 6 of 9
Residential Application/Planning Division Section
� FUTURE STREET PLAN AND ERTEh, ,�I OF STREETS [Refer to Code Section 1�._�0.030.F.1
A FUTURE STREET PLAN shall:
➢ Be filed by the applicant in conjunction with an application for a subdivision or partition. The
plan shall show the pattern of existing and proposed future streets from the boundaries of the
proposed land division and shall include boundaries of the proposed land division and shall
include other parcels within 200 feet surrounding and adjacent to the proposed land division.
➢ Identify existing or proposed bus routes, pullouts or other transit facilities, bicycle routes and
pedestrian facilities on or within 500 feet of the site.
Where necessary to give access or permit a satisfactory future division of adjoining land, streets shall
be extended to the boundary lines of the tract to be developed.
,� ADDITIONAL LOT DIMENSIONAL REQUIREMENTS (Refer to Code Sectlon 18.810.0601
MINIMUM LOT FRONTAGE: 25 feet unless lot is created through the minor land partition process.
Lots created as part of a partition must have a minimum of 15 feet of frontage or have a minimum
15-foot wide access easement.
The DEPTH OF ALL LOTS SHALL NOT EXCEED 2'/z TIMES THE AVERAGE WIDTH, unless the
parcel is less than 1'/2 times the minimum lot size of the applicable zoning district.
❑ BLOCKS [Refer to Code Section 18.810.090]
The perimeter of BLOCKS FORMED BY STREETS SHALL 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.
CODECHAPTERS
_ 18.330(Conditiona�Use) �8.6ZO(TigarcJ Triangle Design Standards) � �H.765(Off-Street Parking/Loading Requirements)
_ 1 H.34O(Directors�nierpretation) 1 S.F)3O(Washington Square Regional Center) _ 18.775(Sensitive�ands Review)
_ �$.350(Planned Devebpment) � 1 S.7O5(Access/EgresslCiroulation) _ 18.7HO(Signs)
_ 18.360(Site Development Review) �S.�'I O(Accessory Residen6al Unifs) _ 'I H.785(Temporary Use Permits)
_ 18.370(variances�,4djustments) � 1 H.7�5(Density Computations) � 18.790(7ree Removal}
_ �S.3SO(Zoning Map/Text Amendments) �H.�ZO(Design Compa6bility Standattis) !� �H.795(Visual Clearance Areas)
_ 1 H.3H5(Miscellaneous Pertnits) 18.725(Environmental Performance Standards) _ 18.798(Wireless Communication Facili�es)
� �H.39O(Decision Making Procedures/lmpact Study) �S.73O(Exceptions To Development Standards) � �S.S')O(Street&UUlity Improvement Standards)
_ 'I 8.4�O(Lot Line Adjustments) 18.740(Historic Overlay) _
� 'I S.42O(Land Partitions) �8.74Z(Home Occupation Pertnits)
_ �8.430(Subdivisions) � �H.�45(Landscaping�Screening Standards)
� 18.51 O(Residential Zoning Districts) �H.75O(ManufacturedMlobil Home Regulations)
_ 18.520(Commercial Zoning Districts) � 15.755(Mixed Solid WastelRecycling Storage)
_ �S.53O(IndusVial Zoning Districts) 1 S.76O(Nonconforming Situations)
CITY OF TIGARD Pre-Application Conference Notes Page 7 of 9
Residential ApplicatioNPlanning Division Section
ADDITIONAL CONCERNS OR COMMEN.
S�� 'u'.�cci�d tc��r
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 SUBMIITAL PROCESS
All APPLICATIONS MUST BE ACCEPTED BY A PLANNING DIVISION STAFF MEMBER of the
Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications
submitted by mail or dropped off at the counter without Planninq Division acceptance mav be
returned. The Planninq counter closes at 5:00 PM.
Ma s submitted with an a lication shall be folded IN ADVANCE to 8'/Z"x 11". One 8'/z" x 11"
ma o a ro osed ro'ect shall also be submitted or attachment to the sta re ort or
administrative decision. Applications with un olded maps shall not be accepted.
The Planning Division and Engineering Department will perfiorm 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 Application/Planning Division Section
The administrative decisia .� public hearing willtypically occur a, �ximately 45 to 60 days after an
application is accepted as being complete by the Planning Division. Applications involving difficult or
protracted issues or requiring review by other jurisdictions may take additional time to review.
Written recommendations from the Planning staff are issued seven (7) days prior to the public
hearing. A 10-day public appeal period follows all land use decisions. An appeal on this matter
would be heard by the Tigard cu��'✓t�s oF� c-c,� . A basic flow chart
which illustrates the review process is available m the Planning Division upon request.
Land use applications requiring a public hearing must have notice posted on-site by the
applicant no less than 10 days prior to the public hearing.
This PRE-APPLICATION CONFERENCE AND THE NOTES OF THE CONFERENCE ARE
INTENDED TO INFORM the prospective applicant of the primary Community Development Code
requirements applicable to the potential development of a particular site and to allow the City staff
and prospective applicant to discuss the opportunities and constraints affecting development of the
site.
SUBDIVISION PLAT NAME RESERVATION [County Surueyor's Office: 503-648-88841
PRIOR TO SUBMITTING A SUBDIVISION LAND USE APPLICATION with the City of Tigard,
applicants are re uired to complete and file a subdivision plat naming request with the Washington
County Surveyor s Office in order to obtain approval/reservation for any subdivision name.
Applications will not be accepted as complete until the City receives the faxed confirmation of
approval from the County of the Subdivision Name Reservation.
BUILDING PERMITS
PLANS FOR BUILDING AND OTHER RELATED PERMITS WILL NOT BE ACCEPTED FOR
REVIEW UNTIL A LAND USE APPROVAL HAS BEEN ISSUED. Final inspection approvals by
the Building Division will not be granted until there is compliance with all conditions of
development approval. These pre-application notes do not include comments from the
Building Division. For proposed buildings or modifications to existing buildings, it is
recommended to contact a Building Division Plans Examiner to determine if there are
building code issues that would prevent the structure from being constructed, as proposed.
Additionally, with regard to Subdivisions and Minor Land Partitions where any structure to be
demolished has system development charge (SDC) credits and the underlying parcel for that
structure will be eliminated when the new plat is recorded, the City's policy is to applv those svstem
development credits to the first building permit issued in the development (UNLESS OTHERWISE
DIRECTED BY THE DEVELOPER AT THE TIME THE DEMOLITION PERMIT IS OBTAINED).
e con erence an no es canno cover a o e requiremen s an aspec s re a e o
site planning that should ap ply to the development of your site plan. Failure of the staff to provide
information required by the Code shall not cons�itute 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 an questions of Cit staff relative to Code re uirements prior to submittin an a lication.
AN ADDITIONAL PRE-APPLICATION FEE AND CONFERENCE WILL BE REQUIRED IF AN
APPLICATION PERTAINING TO THIS PRE-APPLICATION CONFERENCE IS SUBMITTED AFTER A
PERIOD OF MORE THAN SIX (6) MONTHS FOLLOWING THIS CONFERENCE (unless deemed as
unnecessary by the Planning Division).
PREPARED BY: � n� I �?�f
CITY OF TIGAR PIANNI DIVISION - STAFF PERSON HOLDING PRE-APP. MEETING
PHONE: 503-639-4111 FA)(: 503-684-1191 ��� - 71�- � `7I�
EMAIL: �sca�'s hrst name)@ci.tigard.or.us
� �v� i �� C fi�u-r�) _ �� �`�`'
TITLEI8 CITY OF TIGARD'S COt�'FIUNITY DEVELUPMEN CODE INTERNETADORESS: www.ci.tlgard.or.us
H:IpattylmasterslPre-App Notes Residential.doc Updated: 15-Dec-04
(Engineering section:preapp.eng)
CITY OF TIGARD Pre-Application Conference Notes Page 9 of 9
Residential ApplicatioNPlanning Division Sectwn
• • � . .
Access:
• Private access will be a private street because it is serving 3 lots
• Private street will have to be 20 feet wide, with 20 feet of paving
• No direct access will be permitted onto SW 1215` (a collector). Front parcel will
have to use private street access.
• Proposed private street is too close to the nearest driveways and intersections
(doesn't meet 200-foot spacing standard for a collector). Will have to apply for
an access spacing adjustment (see Section 18.370.020.5 and 18.705.030.H.3 of
the code).
• If planning to divide largest lot to have a fourth lot in the future, you will have to
show how this fourth lot will have access (by doing a shadow plat for the fourth
lot).
Density:
• Redo density calculations to reflect revisions.
• Right-of-way dedication is 35 feet from centerline (10 feet from property line).
• The 7,502 square-foot lot may be too small.
Setbacks:
• Side setback for existing house will not be in compliance with the code. The front
lot will be considered a corner lot with the private street. Street side setback is 15
feet from the edge of the private street. In addition, the required 5-foot sidewalk
easement will further encroach into the setback.
• May have to apply for a variance to the side setback for a corner lot.
Other Comments:
• Site plan should be to scale.
• Any applications in addition to the MLP are 50%reduced in fee.
Timeline:
• Submit application
• Up to 30 days completeness review
• Up to 6-week staff review
• 2-week appeal period until decision is final
Prepared by �mily Cng
Assistant Planner
City of Tigard
Emi lvna,ti�ard-or.gov
(503) 718-2712
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� I 13725 SW Hall Blvd
TI P I Tigard OR 97223
II � . ' \ D I� [�� (503)6334171 �,'
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Community Development Plot date:Jun 24,2008;C:lmagiclMAGIC03.APR
2S1D3BD-00700 2S1038B-11500
ABINANTE MATTHEW C BAXTER PETER N/SUSAN E
12020 SW WALNUT AVE 12165 SW 123RD CT
PORTLAND, OR 97223 TIGARD,OR 97223
2S103BD-00900 2S103B6-11600
ALLEN ELIZABETH A&STEVEN P BOEKELHEIDE LEE AND
12540 SW 121 ST AVE BECHARD MARGARET E
TIGARD, OR 97223 12180 SW ANN PLACE
TIGARD,OR 97223
2S103BD-00901 2S10386-07D00
ALL S EN P&ELIZABETH A BOLEN RICHARD L&GERALDINE L
1254 121 ST AVE 12185 SW WALNUT ST
Z ARD, O 7223 TIGARD,OR 97223
25103BC-00100 2S103B8-11800
ALLES BRIAN J&KAREN P BORMAN NANCY F
12525 SW 121 ST AVE 12140 SW ANN PL
TIGARD,OR 97223 TIGARD,OR 97223
2S103BA-01001 2S103BD-00600
ANDERSON EDWARD L& BOYCE RONALD J/ANA L
ANDER50N MARY ANNE 11970 SW WALNUT ST
PO BOX 23593 TIGARD,OR 97223
TIGARD, OR 97281
2S703BA-01002 2S103BB-13300
AN RSO DWARD L& BROWN HARRY E&SALLY M
ANDE N MARY ANNE PO BOX 230906
PO X 23 TIGARD,OR 97281
ARD,OR 97281
2S103BA-01003 2S1036B-12300
AN SON E ARD L& BRO H Y E&SALLY M
ANDER ARY ANNE PO B 906
PO B 23 RD,OR 281
T ARD,OR 9 81
2S103BA-00900 2S103B6-12500
ANDERSON EDWARD L&MARY ANNE CALEN KRIS D&DEBORAH
12330 SW 121 ST AVE 12150 SW 123RD CT
TIGARD, OR 97223 PORTLAND,OR 97223
2S103BA-00103 2S103BD-10800
A RSO WARD L 8 MARY ANNE CAPPOEN RAYMOND J
PO B 3593 SUZANNE
ARD, 97281 11710 SW WALNUT ST
TIGARD,OR 97223
2S1036A-01000 2S1038C-00300
AUSBIE DONNA D CARROLL BRIT E
12400 SW 121 ST AVE 12180 SW WALNUT ST
TIGARD,OR 97223 TIGARD,OR 97223
2S1038A-00600 2S103BA-00104
DRAKE GEORGE L&LINDA K HUTCHI50N PERRY C
11765 SW WALNUT ST 11890 SW ANN ST
TIGARD, OR 97223 TIGARD,OR 97223
2S103BA-00114 2S10368-130D0
EEFSEN MARIE JACKSON DAVID W&JEAN P
11825 SW ANN ST 12210 SW ANN CT
TIGARD, OR 97223 PORTLAND,OR 97223
251036B-06900 251038B-12200
ELDERLY CARE HOLDING LLC JEWELL GRANT E&MARJORIE A
4612 NE 95TH WAY 12125 SW ANN PL
VANCOUVER,WA 98665 TIGARD,OR 97223
2S1038A-00139 2S1038B-06500
FIRELIGHT LLC KEERINS HERMAN O 8 PATRICIA E
PO BOX 1258 12195 5W 121 ST AVE
NEWBERG, OR 97132 TIGARD,OR 97223
2siosea-izaoo 1036B-08300
FORD REGINA LA TE CE
12160 SW 123RD CT OWN OF ALL LOTS
TIGARD,OR 97223 ,
2S103BA-00700 25103BB-08400
GAARDE RICHARD J II&JUDITH A LEWIS LIVING TRUST
11825 SW WALNUT BY LINDA A LEWIS TR
TIGARD,OR 97223 12415 SW 122ND AVE
TIGARD,OR 97223
2S103BD-00400 2S1036A-00113
HANSEN EDITH A LUCKEROTH CAROL
9894 RD 18 NE 11885 SW ANN ST
MOSES LAKE,WA 98837 TIGARD,OR 97223
2S103BA-00134 2S103BD-11100
HOFFMAN WALTER L&RANAYE M MAY 1989 FAMILY TRUST
12300 SW DUCHILLY CT 11737 SW ERROL ST
TIGARD, OR 97224 TIGARD,OR 97223
251036D-01001 25103BA-00112
HUGHES JACK D TR& MAYLENDER CAROLE J
HUGHES LEONE M TR 11945 SW ANN ST
12580 SW 121 ST AVE TIGARD,OR 97223
TIGARD,OR 97223
2S10366-06700 251036A-00800
HUMPHREY GRETCHEN G MCCOY MARY P
12385 SW 121 ST AVE 11865 SW WALNUT 5T
PORTLAND,OR 97223 TIGARD,OR 97223
2S103BA-00500 2S103BA-00111
MCINTYRE SARAH E PUGH THOMAS R AND BARBARA J
11695 SW WALNUT ST 12005 SW ANN ST
TIGARD, OR 97223 TIGARD,OR 97223
2S103BA-00115 2S1036B-1D300
METZLER RICHARD C JR AND RABAU MARLA S&
DEBORAH J WOLF KEITH S
11765 SW ANN ST 12140 SW KATHERINE ST
TIGARD,OR 97223 TIGARD,OR 97223
2S1036A-00110 2S103B8-06700
NOEL JOHN B AND MARALYN A SCHROEDER TIM R&VANESSA R
12055 SW ANN ST 12445 SW 122ND AVE
TIGARD, OR 97223 TIGARD,OR 97223
2S1036D-00602 2S103BB-12000
NORMAN JACK J JR AND SCHULTZ KINDES A
MARY J 12100 SW ANN PL
11930 SW WALNUT TIGARD,OR 97223
TIGARD,OR 97223
251038B-11700 2S103B8-10500
OTT ANITA F SINHA RAVI&SARI S
12160 SW ANN PL 12240 SW KATHERINE ST
TIGARD,OR 97223 TIGARD,OR 97223
2S1038A-00106 2S103B8-10400
PARSONS JOE P MARLYNN SIU WING K
11770 SW ANN ST 12180 SW KATHERINE ST
TIGARD,OR 97223 TIGARD,OR 97223
2S1036B-08600 2S10386-13100
PAULSON ANGELA RENE REVOCABLE L SIXEL KURTIS M 8�KRISTINE R
PAULSON JACK GUSTAV REVOCABLE LIVI 12240 SW ANN CT
BY ANGELA RENE/JACK G PAULSON TR TIGARD,OR 97223
PO BOX 11585
PORTLAND,OR 97211
2S1036A-00137 2S103B6-11900
PERCY JACK R 8 KATHERINE L SMITH JEFFREY G 8�RACHEL R
11920 5W LYNN 12120 SW ANN PL
TIGARD,OR 97223 TIGARD,OR 97223
2S1038A-00107 2S103BA-00136
POTTHOFF ROGER&MARY SNOW PAUL M&BONNIE F
PO BOX 23968 11870 SW LYNN ST
PORTLAND,OR 97281 TIGARD,OR 97223
25103BA-001D5 251036A-00135
PROCTOR TIFFANY A&PATRICK E SPENCER MELVIN D
11830 5W ANN ST 11810 SW LINN
TIGARD,OR 97223 TIGARD,OR 97223
251038A-00108 2S103BD-00301
SPRAGUE MICHAEL M WILLIAMS LENA MARIE
DOLLIE P 11770 SW WALNUT ST
11650 SW ANN ST TIGARD,OR 97223
TIGARD,OR 97223
2S1036A-00144 2S103BB-12100
STEVENSON MERLIN P AND WILLIAMSON ALONZO C AND
THERESA CHRISTINE S
PO BOX 230295 12105 SW ANN PLACE
TIGARD,OR 97281 TIGARD,OR 97223
2S1038B-06800 2S1036D-00800
TAPIA SERGIO WOOD ROLAND R
12442 SW 122ND AVE 12070 SW WALNUT
TIGARD,OR 97223 TIGARD,OR 97223
251038B-13400 2S1036D-00300
THOMAS GEORGEANN ELIZABETH& WRIGHT LARRY A&MAUREEN L
GORDON DAVID ALAN 11800 SW WALNUT ST
5053 BILLMAN AVE TIGARD,OR 97223
LAS VEGAS,NV 89109
2S103BB-10200 2S103BB-08500
TIG D CI OF YOUNG JOHN G VIRGINIA F
13125 HALL BLVD 12425 SW 122ND AV
T RD, 97223 TIGARD,OR 97223
2S103BA-00401 251036A-00102
URLING HARRY F&NELL P ZARR JAMES A AND DONA J
RESTATED TRUST THE 12010 SW ANN ST
11625 SW WALNUT ST TIGARD,OR 97223
TIGARD, OR 97223
2S1036A-00116
VANOURNEY STEVEN WILLIAM
11705 SW ANN ST
TIGARD,OR 97223
2S1036A-00101
VANSANTJEFFREY
12070 SW ANN ST
TIGARD,OR 97223
2S1036C-00200
VRVILO WANDA I
12565 SW 121 ST
TIGARD,OR 97223
2S1036B-07100
WASHINGTON COUNTY
LUT CPM DIV R/W SECTION
1400 SW WALNUT ST MS18
HILLSBORO,OR 97123
Gretchen Buehner
13249 SW 136th Place
Tigard, OR 97224
Don & Dorothy Erdt
13760 SW 121 st Avenue
Tigard, OR 97223
Ellen Beilstein
14630 SW 139�h Avenue
Tigard, OR 97224
Martha Bishop
10590 SW Cook Lane
Tigard, OR 97223
Vanessa Foster
13085 SW Howard Drive
Tigard, OR 97223
Susan Beilke
11755 SW 114�h Place
Tigard, OR 97223
CPO 46
16200 SW Pacific Highway, Suite H242
Tigard, OR 97224
Patricia Keerins
12195 SW 121 st Avenue
Tigard, OR 97223
John Frewing
7110 SW Lola Lane
Tigard, OR 97223
CITY OF TIGARD - CENTRAL INTERESTED PARTIES �i:lcurpin\setupllabelslClT Central.doc) UPDATED: 26-Feb-08
� �
Emily Eng
From: Mary Anne Anderson [thinkanderson@yahoo.com]
Sent: Friday, May 23, 2008 10:25 AM
To: Emily Eng
Subject: Re: Anderson Extension
Hi Emily:
Please excuse my delay getting back to you -- and yes, please consider the extension granted,
as outlined in your message below.
Thank you again for your help.
Mary Anne Anderson
--- On Fri, 5/23/08, Emily Eng <Emily(�ti�ard-or.gov> wrote:
> From: Emily Eng <Emily@tigard-or.gov>
> Subject: Anderson Partition
> To: " 'thinkanderson@yahoo.com"' <thinkanderson@yahoo.com>
> Date: Friday, May 23, 2008, 10:12 AM
> Mary Anne,
>
> You have indicated you would like to resume the review of the Anderson
> Partition (SDR2007-00007) and have submitted the required amended
> materials. I am writing to request an extension of the 120 day
> deadline for 196 days. This means the 120th day would be 8/23/2008.
> As we discussed on the phone, the decision would be issued about 2
> months before that date to leave time for a possible appeal and
> hearings officer decision. Please let me know at your earliest
> convenience if you will grant this extension.
>
> Thanks,
> Emily
>
> From: Emily Eng
> Sent: Wednesday, May 21, 2008 4:16 PM
> To: 'thinkanderson@yahoo.com'
> Subject: Anderson Partition
>
> Mary Anne,
>
> I received the additional copies today and your phone message. At the
> time you had granted the extension (12/7/07), we had 64 days until the
> 120-day deadline (2/9/2008). That means if we restart the review
> today and add the 64 day5, the 120th day could be 7/24/2007. I am
> requesting an additional 30 days in addition to that, since we didn't
> specify the actual extension time in December.
> That means the total extension of the 120 days would be
> 196 days (f rom 2/9/2008 to 8/23/2008) . The reason is that I would
> like to have a period for other staff to review the submittal again,
> while also allowing time for a decision and appeal. The decision
> could be issued sometime mid to late June, since most of the
> decision's findings and conditions of approval have been written.
i
` � �
> It' s unlikely the findings and conditions will change much since the
> amendedments to the site plan are not that significant.
>
> Please let me know if you need more clarification.
>
> Thanks,
> Emily
> -------------------------------
> Emily Eng
> Assistant Planner
> City of Tigard
> 13125 SW Hall Blvd
> Tigard, OR 97223
> P: (503) 718-2712
> F: (503) 718-2748
> www.tigard-or.�ov
z
� �
May 20, 2008
Assistant Planner Emily Eng `°'' �� '����`z`
City of Tigard - � ��n�
13125 SW Hall Blvd.
Tigard, OR 97223
Re: MLP 2007-00007
Anderson Minor Land Partition; Amended Submittals Resolving Density Issue and
Request to remove"hold" from MLP 2007-00007
Dear Ms. Eng and other City Staff:
On December 7, 2007, I sent an email to the City(via Emily Eng),requesting that a
temporary hold be placed on our partition request so that we could resolve a density computation
issue identified after our submissions of October 12, 2007. We subsequently sought and received
approval of a lot line adjustment (MIS 2008-00007) which resolved that issue.
Enclosed is a new set of documents regarding our minor land partition request. The only
substantive change since our�ctober 12, 2007 submittals is the approval of the lot line
adjustment on April 17, 2008 (MIS 2008-00007). The sole purpose of that lot line adjustment
was to resolve the density computation issue identified by City staff after the submission of
responses to all items in the Completeness Review Letter(4/13/2007) and the Public Facility
Plan Completeness Checklist(3/28/07).
For ease of reference, I am again resubmitting a complete set of all of the most current
documents. However, the only substantive change since the October 12, 2007 submissions is the
change to the rear boundary line and the resulting change in the density calculations. No change
to any other issue was necessitated by the boundary line change. See Amended Narrative
(5/19/2008); Amended Site Plan (5/19/2008); and Amended Tree Removal Plan (5/19/2008).
These submittals should resolve the density computation issue. Please remove the"hold"
previously placed on this minor land partition request. Since the file has already been deemed
substantively complete, I assume this partition request is now ready to be processed. Please
advise me as to the next step I need to take at your earliest convenience.
Thank you in advance for all your time in reviewing these amended materials.
Sincerely, ^'
� � � �
���� l��L� ��'�L�'C�7'�
Mary e Anderson
Encl: Amended Narrative (5/19/2008); Submittals.
� �
Emily Eng
From: Mary Anne Anderson [thinkanderson@yahoo.com]
Sent: Tuesday, May 20, 2008 8:35 AM
To: Emily Eng
Subject: RE: Anderson Partition -- REQUEST TO LIFT HOLD.
Good morning Emily.
]ust this morning, I hand delivered a new packet of materials to your office, including an
Amended Narrative, Amended Site Plan, and Amended Tree Removal Plan (all dated 5/19/2008) .
These documents reflect the approval of the lot line adjustment (MIS 2008-00007) and I
believe render our partition ready to be reviewed.
Please lift the temporary hold we placed on the request in December and let me know what I
need to do next.
Thank you again for all your help.
Sincerely,
Mary Anne Anderson
(503) 984-4880
--- On Fri, 12/7/07, Emily Eng <EmilV�ti�ard-or.�ov> wrote:
> From: Emily Eng <Emily@tigard-or.gov>
> Subject: RE: Anderson Partition -- HOLD REQUEST
> To: " 'Mary Anne Anderson"' <thinkanderson@yahoo.com>
> Date: Friday, December 7, 2007, 9:32 AM Received. We will put your
> application on hold.
>
> -Emily
>
> -----Original Message-----
> From: Mary Anne Anderson [mailto:thinkanderson@yahoo.com]
> Sent: Friday, December 07, 2007 6:44 AM
> To: Emily Eng
> Subject: Re: Anderson Partition -- HOLD REQUEST
>
> Emily:
>
> Please consider this our request to temporarily place the Anderson
> Partition request ON HOLD, effective immediately, so that we can
> complete a second lot line adjustment to resolve the density issue you
> identified.
>
>
> Thank you again for your continuing help.
>
> Mary Anne Anderson
>
1
�
�� �
—.
i
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W ! ����� �VISUAL CLEARANCE AREA � � � NOTES:
�J � �'� 227 2 J
' — � � LOT 2 N � - TRACT A
(n I , � I S 50 SF � I - PRIVATE ROADWAY
� �__,� l I ' I - I' SETBACK, 20' PAVED WIDTH
,�__ �, B DG PAD 4 837 SFti
� � � � f22 8 - JOINT USE AND MAINT. BY LOTS 1, 2 &
! o I hl
r- I o � - TRACT B
N o � o - PRIVATE DRIVEWAY
� _ � — - — — — — — — � - I' SETBACK, 10' PAVED WIDTH
� 22a 2 - JOINT USE & MAINT. BY LOTS 2 & 3
� 66.94' FDUN pIP f2~
�RON - CONTOUR LINES SHOWN ON THIS DRAWING ARE EXIST
� a eos�ss" w FINAL PROPOSED GRADING WILL BE DONE BY CIVIL
ENGINEER.
1 SITE PLAN AMENDED 05/19/08
SP� 1" = 30'-0"
ANDERSON P�RTITION
12330 SW 121 st AVE, Tigard,OR 97223
� �
Emily Eng
From: Emily Eng
Sent: Wednesday, April 16, 2008 5:01 PM
To: 'Mary Anne Anderson'
Subject: Anderson Partition and LLA
Mary Anne,
I looked over the lot line adjustment and will issue the approval tomorrow. As for the partition, I will need the following
revised materials(3 copies):
-Revised Existing Conditions Plan (show new lot area with lot line dimensions and all existing structures to scale)
-Revised site plan (show new lot area(s) with lot line dimensions and all structures retained and proposed-show
permitted building envelopes for parcels 2 and 3). All engineering information should look the same.
-Revise narrative anywhere that mentions the lot sizes. Revise entire density section. Provide entire new narrative to
replace the old narrative.
-Revise tree plan boundary. It looks like there may be some small trees or shrubs within the extended portion of the
east boundary. If they are trees(over 6 caliper inches), these need to be included in the inventory.
Please let me know if you have questions or need claridication. I will be gone this Friday and all �f next week.
Thanks,
Emily
-------------------------------
Emily Eng
Assistant Planner
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223
P: (503) 718-2712
F: (503) 718-2748
www.ti�ard-or.�ov
1
�
Emily Eng
From: Mary Anne Anderson [thinkanderson@yahoo.com]
Sent: Friday, December 07, 2007 6:44 AM
To: Emily Eng
Subject: Re: Anderson Partition -- HOLD REQUEST
Emily:
Please consider this our request to temporarily place the Anderson Partition request ON HOLD,
effective immediately, so that we can complete a second lot line adjustment to resolve the
density issue you identified.
Thank you again for your continuing help.
Mary Anne Anderson
--- Emily Eng <Emily(�ti�ard-or.�ov> wrote:
> Mary Anne,
>
> Attached is a suggested configuration for your partition. As we
> discussed before, the proposed three lots will not meet the minimum
> density without providing a shadowplat for a fourth lot. In addition,
> Lot 3 would be considered a large parcel that can't be precluded from
> being divided in the future. The proposed access would not be
> sufficient for a fourth lot and would, therefore, preclude development.
> A second access cannot be created because 121st Ave is a collector.
> Please consider reconfiguring the proposed partition and granting an
> extension of the 120-day clock until we receive your revised materials.
>
> Thank you for your cooperation.
>
> -Emily
>
>
Be a better friend, newshound, and
know-it-all with Yahoo! Mobile. Try it now.
http://mobile.yahoo.com/; y1t=Ahu06i62sR8HDtDvpao8Wci9tAcJ
1
� �
Emily Eng
From: Emily Eng
Sent: Friday, November 30, 2007 5:03 PM
To: 'thinkanderson@yahoo.com'
Subject: Anderson Partition
Attachments: Anderson Shadow Plat Suggestion.pdf
Mary Anne,
Attached is a suggested configuration for your partition. As we discussed before,the proposed three lots will not meet
the minimum density without providing a shadowplat for a fourth lot. In addition, Lot 3 would be considered a large
parcel that can't be precluded from being divided in the future. The proposed access would not be sufficient for a fourth
lot and would,therefore, preclude development. A second access cannot be created because 121st Ave is a collector.
Please consider reconfiguring the proposed partition and granting an extension of the 120-day clock until we receive
your revised materials.
Thank you for your cooperation.
-Emily
1
�
.
.
• � �
'1'hursda��, October 18, 2012 City of�I'igard
1�1ar�- l�nne and Ed�vard .�nderscm
P.O. Bo� 23593
Tigard, OR 97281
RF: NO'I'ICE OF�':�"]'IR:AZ�ION OI�L.�Nll USE :�PPROV'��L.
Project Type: �1inc�r Land Partition
Project Name: 1lnderson Partition
Project Number: 1�iLP2007-00007
Tax Lot Number: 2S103B1�-900
Expiration Date: December 31, 2012
DeaY 11r. and Ms. l�nderson:
The purpose of this letter is to serve as a courtesy Yeminder that the I.and Use �pproval
listed abo�re ��ill elpire at close �f business, Monday, December 31, 2012.
In recognition of the effects of the economic downturn, the 'I'i�ard City Council �assed
De��elopment Codc l�mendment (DC��) 2010-00001 on��pril 27, 2010 to c�tend until
December 31, 2012 the Land Use ��pprovals for Site De��elopment Re�riews and Minor Land
Partitions that other��ise ��ould hazre e�pired bct�veen July� 1, 2008 and December 31, 2011.
This is incorporated in 'I'igard Municipal Code 18.420.030.D.2 �uhich states that: "1�pproval
periods for land partitions lapsing between Jul�� 1, 2008 and December 31, 2011 shall be
automatically� extended through December 31, 2012. No further c:ttcnsions will be granted."
.�ccording to our records, }�our original approval for the above project���>uld ha��e elpired
during that f uly 1, 20U8 — December 31, 2011 period and that approval was, therefor�,
eatended by DC�2010-00001 unril December 31, 2012. No further eYtension is a�-ailable.
You can secure your Land Use :�p�rc��-a1 a�;ainst elpiration if��ou suUmit a recoraea final
plat to this office prior to close of business, l��londa��, December 31, 2012. 1'leas� let us
know if you anticipate submitung a recorded plat.
SinceYe ,
.�lbert Shields
Program De�-elopment Specialist
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
City of Tigard, Oregon� 131�s sv��xatl���vd. � 7zg�OR 97223
. `
��
. :
��:::
.� � � �•�`� �=��
June 28, 2010
Mr. &Mrs. Edward Anderson
P.O. Box 23593
Tigard, OR 97281
RE: Subdivision case number: MLP2007-00007
Mr. & Mrs. Anderson:
On April 27, 2010 the Tigard City Council passed an oxdinance to amend the Tigaxd Communiry
Development Code (TDC) chapters 18.360 Site Development Review, 18.420 Land Partitions, and
18.430 Subciivisions. The approved amendments were in response to the economic downturn.
Automaric extensions were granted to these three types of land use cases that would expire during a
certain time frame. Our records indicate that you received approval for a Minor Land Partirion
(MLP) that may have been affected by this code amendment(see case number above).
If your approved MLP has a lapsing date between July 1, 2008 and December 31, 2011, then the
approval is automatically extended through December 31, 2012. The new appYOVal period will lapse
after this date if: 1) the partition has not been recorded or has been improperly recorded with
Washington County without the satisfactory completion of all condirions attached to the approval;
or 2) the final recording is a departure from the approved plan.
No action is required on your part fox the extension because it is automaric. A copy of this letter
will be placed in the land use file. A copy of the ordinance with adopted language for Land
I'artirions is enclosed. If you have any questions or concerns regarding the extension or code
amendment, please contact me at (503) 71&2437 or cher�lc�a,ri�a� rd=or.go��.
Sincerely,
� D_ C�. .
Cheryl Caines
Associate Planner
Phone: 503.639.4171 . Fax: 503.684.7297 . www.tigard-or.gov . TTY Relay: 503.684.2772
Patty Lunsford
From: Patty Lunsford
Sent: Wednesday, June 25, 2008 9:32 AM
To: Emily Eng
Subject: Additional Expenses Incurred by the Anderson Partition/MLP2007-00007
Hi Emily,
As we discussed earlier this morning, the City has incurred expenses related to the Anderson Partition that need to be
recovered. The expenses are relative to mailing the "Notice of Type II Decision"on 6/24/08 to property owners within 500 feet of
the Anderson property and to interested parties.
The first"Notice of Pending Application"was sent to property owners and interested parties on 10/12/07. Therefore, the property
owner labels are over 8 months old and required a current mailing list($11.00 to generate list), print the list on sheets of labels
($2 per sheet x 5 sheets = $10.00), plus postage (42¢x 78 Notices = $32.76), I am not charging for my time to place the labels
on the envelopes. The total direct expenses incurred by the City is$53.76.
Please ask the Applicant to reimburse the City for these costs A.S.A.P. The account#for the Permit Technicians to use when
receipting payment of these services is the MISC account.
Thanks for your assistance with this!
, . , __ _
AcinunistraUve Assistant
City of Tigard - Current Pianning
Tracking:
i